08-11-1993 Council Agenda - Laserfiche WebLink

Home Browse Search

AGREEMENT WHEREAS, this agreement is entered into by the City of Little Canada, a Municipal Corporation, hereinafter "City ", and LeRoy J. Rossow, hereinafter "Rossow ". WHEREAS, public improvements are being made in the Ryan Industrial Park area which affect Rossow's property. WHEREAS, a component of the project involves the improvement of a drainage ditch through Rossow's property. WHEREAS, Rossow is desirous of eliminating a drainage ditch through his property by placement of a storm sewer pipe in lieu of said ditch. WHEREAS, said storm sewer pipe is proposed to be located on the North ten feet of Lot 5, Block 4; Ryan Industrial Park. WHEREAS, Rossow recognizes the additional expense associated with the placement of storm sewer pipe through his property is of benefit to him. NOW, THEREFORE City and Rossow, in consideration of the foregoing, and for the consideration of the promises and agreements set forth below, the adequacy of which consideration is hereby acknowledged, hereby agreed, promise and pledge as follows: 1. Rossow will install all necessary storm sewer improvements on his property pursuant to plans and specifications for Ryan Industrial Park Street Improvements, City Project 91 -11, prepared by Bonestroo, Rosene, Anderlik and Associates, and dated June, 1993; the receipt of these documents Rossow hereby acknowledges. 2. Said storm sewer piping is 1993 in order to allow the City's balance of the Ryan Industrial Park storm sewer improvement on Rossow's August 30, 1993. to be installed by August 11, contractor to proceed with the Improvement Project. The entire property is to be completed by 3. The City will compensate Rossow $7,000 for payment of construction of said system in lieu of the ditch work the City would have undertaken on Rossow's property. However, for each day Rossow exceeds the August llth date, $500 will be deducted from the amount due until said work is completed. Should work still not be completed on the piping by August 16, 1993, Rossow acknowledges the City's right to suspend Rossow's work on said improvement and to have any uncompleted work done by the City's contractor at Rossow's expense. Should the entire system improvements not be completed by August 30, 1993, any work not completed will be deducted from the amount due Rossow and the City will have the work completed at it's discretion. 4. Rossow agrees to grant a permanent drainage easement over the north ten feet of Lot 5, Block 4, Ryan Industrial Park. -1- Page 12