5.i Wirth_Lake_Outlet_Maint_AgrG:\PROJECTS \Wirth Lake Outlet Modifications (11 -14)\Agreements \MPRB_Maint_Agr.doc 1 WIRTH LAKE OUTLET MODIFICATION MAINTENANCE AGREEMENT THIS AGREEMENT is made this ____ day of ______________, 20 1 2 by and between the City of Golden Valley, Minnesota, a municipal corporation (hereinafter referred to as “City”) and th e City of Minneapolis , acting by and through its Park and Recreation Board , a public organization, (hereinafter referred to as “Owner”) with reference to the following facts and circumstances: A. The City of Minneapolis, acting by and through its Park and Re creation Board , is the fee owner of certain real property situated in the City of Golden Valley, Hennepin County, Minnesota, legally described as follows: ALL OF THE NORTHWEST QUARTER AND THAT PART OF NORTH 1/2 OF THE SOUTHWEST QUARTER , IN SECTION 20, TOW NSHIP 29, RANGE 24, LYING WEST OF SUTTONS ADDITION; ALSO, ALL OF BLOCKS 1 TO 4, BOTH INCLUSIVE, SUTTONS ADDITION, INCLUDING ALL VACATED STREETS AND ALLEYS AND, EXCEPTING EXISTING ROADS NOT VACATED (PROPERTY ID #20 -029 -24 -23 -0002). (hereinafter referred to as “Property”) B. As directed by the Bassett Creek Watershed Management Commission (BCWMC), the City is undertaking a project (hereinafter referred to as “Project”) to modify the Wirth Lake Outlet to prevent flow from the creek in to the lake during floo d pe riods, as d escribed in the C ooperative A greement between the City and the BCWMC .
G:\PROJECTS \Wirth Lake Outlet Modifications (11 -14)\Agreements \MPRB_Maint_Agr.doc 2 C. The City desires to set forth its agreement with respect to the construction and maintenance of the Project improvements . D. In order to construct the Project and perform such maintenance the City desire s permanent access to the Project area over and across a portion of the Owner ’s P roperty . NOW THEREFORE, in consideration of the foregoing facts and circumstances, and for other good and valuable consideration, the receipt and s ufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. F or the purposes of this Agreement, maintenance of the Project improvements shall include the concrete bulkhead (or weir structure), inlet grate, rubber check valves, and loc king hatch gates. 2. The City is responsible for the Routine Maintenance of the Project improvements which shall include, but not be limited to , the following: a. A nnual inspection by the City that the Project improvements are functioning in accordance with th e approved plans and minimum maintenance standards set forth by the C ity and BCWMC. b. The City is responsible for minor repairs to the Project improvements and removal of accumulated debris at the rubber check valves. c. The City will perform periodic visual inspections (semiannual or more frequently) of the inlet grate to determine if removal of accumulated debris is necessary, and will remove the debris at its own expense. 3. The Owner reserves the right to perform p eriodic visual inspection s of the inlet grat e to determine if removal of accumulated debris is necessary. The Owner shall remove accumulated debris at the inlet grate at its own expense. The Owner will make the City aware of any other need for routine maintenance as soon as it becomes aware of the n eed. 4. According to the C ooperative A greement between the City and the BCWMC , t he BCWMC will be responsible for Major Maintenance of the P roject , which is understood to include replacement of any of the major structural components of the P roject. The City w ill make the BCWMC aware of the need for major maintenance as soon as it becomes aware of the need . 5. The Owner agrees to grant the City permanent access to the Project area over and across a portion of the Owner’s Property in order to construct the Project and perform the necessary inspections and maintenance. No other permits or agreements w ill be necessary in order to gain permanent access to the Project area for these purposes .
G:\PROJECTS \Wirth Lake Outlet Modifications (11 -14)\Agreements \MPRB_Maint_Agr.doc 3 a. The portion of the P roperty needed for permanent access is generally located between State Highway 55 and Glenwood Avenue, east of Wirth Lake. b. Staff will utilize i mproved streets , driveways, and trails to the maximum extent possible to gain access to the Project area. c. Any incidental damage to the Owner’s Property resulting from the City’s Routine Maintenance will be promptly restored by the City. d. If there is a need to perform Major Maintenance of the P roject in the future, t he Owner agrees to work with the City and BCWMC to grant temporary access specific to the Major Maintenanc e work. 6. The City will require that the Project contractor indemnify, defend, and hold the City and Owner, their officers and employees harmless from any liability, claims, damages, costs, judgments, or expenses. The City and Owner shall be named as additi onal insured for the general liability coverage with respect to operations covered under the Project. In addition, copies of the contractor’s performance bond and payment bond will be provided to the Owner before work commences . 7. The terms and conditions o f this Agreement shall be binding upon, and shall inure to the benefit of, the parties hereto and their respective successors and assigns.
G:\PROJECTS \Wirth Lake Outlet Modifications (11 -14)\Agreements \MPRB_Maint_Agr.doc 4 IN WITNESS WHEREOF, the parties hereto have caused this document to be executed as of the day and year first above written. CITY OF MINNEAPOLIS , ACTING BY AND THROUGH ITS PARK & RECREATION BOARD By: Its By: Its By: Its STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The for egoing was acknowledged before me this ____ day of ______________, 201 2 , by _____________________________________, the _______________________________ of ______________________________________, on behalf of the ____________________________________. Notary Public
G:\PROJECTS \Wirth Lake Outlet Modifications (11 -14)\Agreements \MPRB_Maint_Agr.doc 5 CITY OF GOLDEN VALLEY By: Shep ard M. Harris , Mayor By: Thomas D. Burt, City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was executed and acknowledg ed before me on this _____ day of ___________, 20 1 2 , by Shep Harris and Thomas D. Burt, Mayor and City Manager, respectively, of the City of Golden Valley, a Minnesota municipal corporation. Notary Public THIS INSTRUMENT DRAFTED B Y Jeff Oliver, P.E. City Engineer City of Golden Valley 7800 Golden Valley Road Golden Valley MN 55427 -4588