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90-117 ". . . RESOLUTION NO. 1\4-'10 RESOLUTION APPROVING A CONSTRUCTION AGREEMENT FOR FREEMAN PARK WHEREAS, the TONKA MEN'S CLUB is desirous of constructing a Little League Ball Field in Freeman Park; and WHEREAS, the City of Shorewood is desirous of having such construction in the park performed by the Tonka Men's Club. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Shorewood as follows: 1. That the City Council hereby approves the Construction Agreement between the City and the Tonka Men's Club attached hereto. 2. That the Mayor and City Administrator/Clerk are hereby authorized to execute the said Agreement on behalf of the City Council. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 22nd day of October, 1990. i~TEST: r I ,'\1 ...L1Lll. ". . ,~( l)tJ~~ aurence E. "Whittaker -....., City Administrator/Clerk Roll Call Votes: Ayes - S- Nays - 0 . . . 10/18/90 CITY OF SHOREWOOD CONSTRUCTION AGREEMENT FOR FREEMAN PARK THIS AGREEMENT, made this o1!.L. day of ~ ~. and between the CITY OF SHOREWOOD, a Municipal Corporation MEN'S CLUB (Club). , 1990, by (City), and TONKA and WHEREAS, Freeman Park is a public park in the City of Shorewoodi WHEREAS, the Club is desirous of constructing a Little League Ball Field in said park, which construction includes, but is not limited to, grading, seeding and fencing; and WHEREAS, the City is desirous of having such construction in the park performed by the Club. NOW, THEREFORE, in consideration of the mutual covenants and guarantees contained herein, the City and the Club agree as follows: 1. IMPROVEMENTS INSTALLED BY THE CLUB. The Club agrees at its expense to construct, install and perform all work and furnish all materials and equipment in connection with the construction of a Little League Ball Field in Freeman Park to include grading, seeding, fencing, and appurtenant work, but to exclude staking. The Club further agrees to install an irrigation system for sprinkling the Little League Ball Field, which system shall connect to the Shorewood Municipal Water System. 2. EXTENSION OF UTILITIES BY CITY. The City agrees at its expense to extend a municipal water line to serve the irrigation system installed by the Club and to provide such electric service as may be required by the irrigation system. 3. PRE-CONSTRUCTION MEETING. Prior to the commencement of construction, Developer or its engineer shall arrange for a pre-construction meeting to be held at Shorewood City Hall. Such meeting shall be coordinated with the City Engineer and shall include all appropriate parties specified by the City Engineer. .. '~ . . . 4. PLANS AND SPECIFICATIONS. The City agrees to cause its Park Planner, Mark Koegler of Van Doren Hazard Stallings, to prepare all plans and specifications necessary for the construction of the improvements. 5. STANDARDS OF CONSTRUCTION. The Club agrees that all of the foregoing improvements shall equal or exceed City standards, shall be constructed and installed in accordance with engineering plans and specifications prepared by the Park Planner and the requirements of applicable City ordinances and standards, and that all of said work shall be subject to the supervision of the Park Planner. 6. MATERIALS AND LABOR. All of the materials to be employed in the making of said improvements and all of the work performed in connection therewith shall be of uniformly good and workmanlike quality, shall equal or exceed City standards and specifications, and shall be subject to the inspection and approval of the City. In case any materials or labor supplied shall be rejected by the City as defective or unsuitable, then such rejected materials shall be removed and replaced with approved material, and rejected labor shall be done anew to the satisfaction and approval of the City at the cost and expense of the Club. 7. SCHEDULE OF WORK. The Club shall submit a written schedule indicating the proposed progress schedule and order of completion of work covered by this Agreement, which schedule shall be a part of this Agreement. 8. DISCLAIMER BY CITY. It is understood and agreed that the City, the City Council, and the agents and employees of the City shall not be personally liable or responsible in any manner to the Club, the Club's contractors or subcontractors, materialmen, laborers, or any other person, firm or corporation whomsoever, for any debt, claim, demand, damages, actions or causes of action of any kind or character arising out of or by reason of the execution of this Agreement or the performance and completion of the work and improvements hereunder; and that the Club will save the City, the City Council, and the agents and employees of the City harmless from any and all claims, damages, demands, actions or causes of action arising therefrom and the costs, disbursements, and expenses of defending the same. 9. LIABILITY INSURANCE. The Club shall take out and maintain during the life of this Agreement public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Club's work or the work of its subcontractors, or by one directly or indirectly employed by any of them. This insurance policy shall be a single limit public liability insurance policy in the amount of $1,000,000.00. The City shall be named as co-insured on said policy and the Club shall file a copy of the insurance coverage with the City. -2- . .. . Prior to commencement of construction of the improvements described in Paragraph 1 above, the Club shall file with the City a certificate of such insurance as will protect the Club, its contractors and subcontractors from claims arising under the workers' compensation laws of the State of Minnesota. 10. NOTICES. All notices, certificates and other communications hereunder shall be sufficiently given and shall be deemed given when mailed by certified mail, return receipt requested, postage prepaid, with proper address as indicated below. The City and the Club by written notice given by one to the other, may designate any address or addresses to which notices, certificates or other communications to them shall be sent when required as contemplated by this Agreement. Unless otherwise provided by the respective parties, all notices, certificates and communications to each of them shall be addressed as follows: To the City: City of Shorewood 5755 Country Club Road Shorewood, MN 55331 To the Club: Tonka Men's Club c/o Mr. Baylon Leifermann 5775 Grant Lorenz Road Shorewood, MN 55331 . 11. SUCCESSORS AND ASSIGNS. It is agreed by and between the parties hereto that the Agreement herein contained shall be binding upon and inure to the benefit of their respective legal representatives, successors, and assigns. 12. SEVERABILITY. In the event any prov1s1ons of this Agreement shall be held invalid, illegal, or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof, and the remaining provisions shall not in any way be affected or impaired thereby. 13. EXECUTION OF COUNTERPARTS. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original, and all of which shall constitute but one and the same instrument. 14. CONSTRUCTION. This Agreement shall be construed in accordance with the laws of the State of Minnesota. 15. DURATION OF AGREEMENT. This Agreement shall remain in effect until such time as the improvements installed by the Club have been accepted by the City. . -3- . \ . . . IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day and year first above written. TONKA MEN'S CLUB By: ~<#l''"'' ~. Its: ./) 1t~.5 " ~ · .. ~ W~ Ci Y Administrator/Clerk -4-