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16-068CITY OF SHOREWOOD RESOLUTION NO. 16 -068 A RESOLUTION ENTERING INTO A WATER SERVICE EXPANSION AGREEMENT WITH THE CITY OF EXCELSIOR METROPOLITAIN COUNCIL ENVIRONMENTAL SERVICES L -18 FACILITY 21445 STATE HIGHWAY 7, SHOREWOOD MINNESOTA WHEREAS, The City approved a conditional use permit (CUP) to the Metropolitan Council Environmental Services (MCES) for the construction and relocation of their lift station L -18 facility; and WHEREAS, the MCES has requested extension of a water service to serve the L- 18 facility; and WHEREAS, the CUP provides for the extension of a water service to MCES L- 18 facility site; and WHEREAS, the City of Excelsior has agreed to expand non - resident water service for the MCES L -18 facility site in the City of Shorewood. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Shorewood as follows: 1. That the Mayor and City Clerk are hereby authorized and directed to adopt the resolution entering into a water service expansion agreement with the City of Excelsior to extend a water service to the MCES lift station L -18 facility site located at 21445 State Highway 7, Shorewood, Minnesota. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 22"d day of August, 2016. Scott rby, yo ATTEST: Jean Panchyshyn, City C erk THIS WATER SERVICE EXPANSION AGREEMENT ( "Agreement ") approved on the day of August 2016 is entered into by and between the CITY OF EXCELSIOR, MINNESOTA, a municipal corporation (hereinafter "Excelsior ") and the CITY OF SHOREWOOD, MINNESOTA, a municipal corporation (hereinafter "Shorewood "): Excelsior has an established water treatment plant, water tower, and distribution system and has previously extended water service beyond its borders into portions of Shorewood. Shorewood has asked Excelsior to extend additional water service to serve a property along Third Avenue in Shorewood as illustrated on Exhibit A (hereinafter the "L18 service expansion area" (1-181-18SEA)). Excelsior is willing to extend water service into the L18SEA. Iki[917MiM1:40:101:Tai:I =8L7_1 ZA iI*V-,T- clya- a_m7e] #��P��k 1 1. Purpose. The parties adopt the Recitals above set forth as if restated herein. 2. L18SEA Project „Description. In conjunction with the 2016 -2017 Metropolitan Council Lift Station L18, MCES Project 802855, Excelsior will extend from the existing watermain a 1 '/2 - inch water service along Third Avenue in Shorewood from the existing terminus, located approximately 400 feet west of Christmas Lake Road, to the L18 Lift Station site and proposed building (as schematically shown on Exhibit A). Extension of the service shall include installation of curb stop shut off valve(s) on the right of way line. L18SEA Project Cost shall include the cost of installation of 400 feet of 1 'h -inch water service to serve 1 property. Shorewood agrees to require all L18SEA Project Costs to be the responsibility of the Metropolitan Council as the property owner. The service installation is to be performed by Metropolitan Council authorized contractors and overseen by authorized construction agents of the Metropolitan Council. All construction related to the water service extension shall be conducted to City of Excelsior standard specifications, standard details, and construction requirements. 3. Term. The term of this Agreement shall run from the date hereof until Excelsior serves a Notice of L18SEA Project Completion, certifying that all planned and related change orders for the construction of the L18SEA improvements and restoration of public right of way disturbed during L18SEA construction is complete; provided that, in the event Shorewood serves written objection, within thirty (30) days, identifying matters yet to be completed, this Agreement and its terms shall not terminate but shall continue in effect until the identified issues are resolved. In the event of impasse thereon, any unresolved issues shall be referred to mediation as provided below, provided, however, that in no event shall any Shorewood objections to Notice of L18SEA Project Completion be cause for Excelsior to delay or refuse connection of Shorewood properties to the L18SEA service and Excelsior Municipal Public Waterworks or provision of service to same. 4. Relationship of the Parties. Excelsior and the Shorewood are independent separate municipal corporations. 5. Excelsior Water System. Excelsior owns and operates the Excelsior Municipal Public Waterworks (EMPW) which includes existing water service infrastructure that extends into Shorewood. Shorewood acknowledges and agrees that it does not own the existing water service infrastructure in place in Shorewood and that this Agreement will not provide Shorewood an ownership interest in such or in the water service infrastructure being installed as part of this L18SEA Project. 6. Cooperation. Each party shall authorize and direct their city engineers to work together as needed to cause the planned L18SEA improvement to move forward in a timely manner as construction, bonding, public notice and legal processing may reasonably require. 7. Service Connections and Water Meters. Subsequent to the installation of the system, at time of connection, the Metropolitan Council as the property owners abutting the water service extension shall be responsible for paying to Excelsior a water connection fee and a water meter purchase fee. Said fees shall be at the same rates as Excelsior charges like properties within Excelsior. To aid periodic water meter inspection, Shorewood, in consultation with Excelsior, shall adopt ordinances as needed to empower EMPW inspectors to access Shorewood residential properties within the L18SEA serviced by the EMPW for periodic inspection and periodic replacement of water meters as deemed necessary by Excelsior, including inspection for leaks or diversion of water. Ordinances deemed necessary by Excelsior in support of its EMPW services may be proposed to Shorewood and the two parties shall work in good faith to reach mutual agreement on the text of related ordinance /regulation and Shorewood shall adopt same in due course. 8. Maintenance and Repairs. As per Excelsior ordinance, it shall be the obligation of the Metropolitan Council, or that of the current owner of the property served to maintain and keep in operating order all water service pipes and shut off boxes located between the city water main and the private premises served thereby. In the event of failure on the part of any owner to meet their obligation to maintain or repair their service pipe or shut off box, between the main and its termination on the premises, within 24 hours of verbal or written notice, the water may be turned off at or near the main. If there is, in the opinion of the public works superintendent or his authorized representatives, a great waste of water or likely damage to ensue from the leak, the water may be turned off if repairs are not commenced immediately upon service of the notice. Any cost to the city involved in shutting off the water service due to the maintenance or repair shall be borne by the property owner and billed to him. If charges are not paid, the charges may be assessed by Shorewood against the property in the same manner as a delinquent water bill and reimbursed to Excelsior. All repairs for service pipes and plumbing systems of buildings shall be made by and at the expense of the owners of the premises served. In the event of an emergency or a failure by the owner of the premises served to repair a service pipe or shut off box as directed in the paragraph above, Excelsior may repair service pipes and, if this is done, the cost of such repair work shall be repaid to the municipality by the owner of the premises served. Delinquent charges for repairs may be certified to the county auditor with taxes against the property served for collection as other taxes are collected by Shorewood and reimbursed to Excelsior. 9. Public Right -of -Way Access. For the term of this Agreement, Shorewood grants to Excelsior a continuing construction easement for access to all public right -of -ways necessary for installation of the water service associated with this L18SEA project. 10. L18SEA Project Mediation. In the event of a lack of agreement on a construction related issue or an issue identified by Shorewood in written objection to Notice of L18SEA Project Completion, the parties agree to refer the matter to L18SEA Project mediation on demand of either party. Mediation shall commence within thirty days of demand. Mediation shall be conducted at a neutral non - public location. The mayor of each city and up to one additional council member shall attend and such other advisers and consultants as each city determines beneficial may also attend. Separate meeting rooms for each city are appropriate. The mediator shall be selected by mutual agreement of Excelsior and Shorewood. Efforts shall be made to use a retired Judge of District Court or AIA certified architect or civil engineer trained in mediation as the mediator. The city engineers may attend to answer questions and mutually inform the city representatives and mediator. . 11. Remedies. In the event the cities cannot reach an agreement through mediation pursuant to paragraph 10 above, the cities are free to pursue any remedies available at law or equity including application to the Hennepin County District Court for reliefL18SEA. 12. Mediation Fees and Costs. Each city shall bear its own costs of mediation as needed or incurred hereunder without right of contribution from the other. The cities shall share equally all fees and expenses of the mediator. 13. Legal Costs. Each party shall bear their own legal expenses and costs associated with the drafting and implementing of this agreement and as otherwise incurred during the term of this agreement without right of contribution from the other City. 14. Notice. Any notice required or permitted under this Agreement shall be deemed sufficiently given or served if sent by United States certified mail, return receipt requested, as follows: If to Excelsior: City Clerk, City of Excelsior, 339 Third Street, Excelsior, MN 55331. If to Shorewood: City Clerk, City of Shorewood, 5755 Country Club Road, Shorewood, MN 55331 Each party shall have the right from time to time to change the place notice is to be given under this paragraph by written notice thereof to the other party. Excelsior - Shorewood Water Service Expansion Agreement 2 15. Bonding and Insurance. Neither city shall be obligated to bond for any improvements to the EMPW system, but may elect to do so and make act independently of each other. Each party shall be solely responsible for all bond related consulting fees and costs associated therewith without right of contribution from the other city; provided that to the extent that said bond, related fees and costs, are part and parcel of the initial improvement costs, they may be included in the feasibility study for any proposed improvement and generally or specially assessed. To the extent that such costs or fees are attributable to Excelsior's day -to -day operations of the EMPW, they may be incorporated into Excelsior's operating costs and support adjustments by Excelsior to its EMPW service fees for all customers. 16. Amendment. This Agreement may be amended only in a written instrument signed by all parties setting forth the nature of such amendment or waiver and the specific intent to so amend their way. 17. Enforcement. Enforcement of this Agreement shall be by any proceeding at law or in equity against the party violating or attempting to violate any covenant or restriction either to restrain an alleged violation or to recover damages. 18. Interpretation and Effect. This Agreement sets forth the entire agreement between the Cities with respect to the EMPW and supersedes and revokes all prior negotiations, discussions, representations, understandings, and agreements between the cities with respect to same. This agreement shall bind and run to the benefit of the Cities and their successors and assigns. Any invalidation of any one or more of these covenants and restrictions by judgment or court order shall in no way affect any other provision of this Agreement, which shall remain in full force and effect. This agreement is executed and shall be governed by, and construed in accordance with, the provisions and laws of the State of Minnesota. Headings in this agreement are for reference only and shall not be deemed to alter the interpretation of any provisions of this agreement. IN WITNESS WHEREOF, the parties have entered into this agreement as of the date and year first above written. Dated: (I ho Dated: ' b a / I (! CITY OF SHOREWOOD A Municipal Corporation By SdVt �Zerby, it' ayor Attest: Jean PaiVchyshyn, City Clerk Excelsior - Shorewood Water Service Expansion Agreement