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26-31 - Resolution - MDH Correction Order - WSB - City Agreement
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26-31 - Resolution - MDH Correction Order - WSB - City Agreement
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Last modified
3/10/2026 4:14:53 PM
Creation date
3/10/2026 4:13:36 PM
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City Council
Council Document Type
Resolutions
Resolution #
26-31
Resolution Title
RESOLUTION APPROVING THE RESOLUTION AGREEMENT BETWEEN THE CITY OF LINO LAKES AND WSB LLC REGARDING MDH CORRECTION ORDERS FOR 20 AFFECTED PROPERTIES
Resolution Summary
RESOLUTION APPROVING THE RESOLUTION AGREEMENT BETWEEN THE CITY OF LINO LAKES AND WSB LLC REGARDING MDH CORRECTION ORDERS FOR 20 AFFECTED PROPERTIES
Resolution Date Passed
03/09/2026
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EXHIBIT A <br />RESOLUTION AGREEMENT <br />THIS RESOLUTION AGREEMENT (the "Agreement") is entered into this 0(46day of <br />M,ow� , 2026, by and between the CITY OF LINO LADES, MINNESOTA (the <br />"City") and WSB LLC ("WSB") (collectively referred to as the "Parties"). <br />RECITALS <br />WHEREAS WSB and the City are parties to that certain contract dated January 1, 2014 (the <br />"Contract), under which WSB agrees to provide city engineer services to the City; <br />WHEREAS, as part of the City's 2025 Utility and Street Reconstruction Project (the <br />"Project"), the City installed new sanitary sewer facilities within certain right of way in the <br />Pine Haven and Colonial Woods neighborhoods; <br />WHEREAS, WSB served as the City's engineer for the Project; <br />WHEREAS, following the construction of the Project, WSB discovered that the sanitary sewer <br />line was installed within 50 feet of wells located on 20 properties identified in Exhibit A <br />(collectively, "the Properties"), contrary to Minnesota Rules absent a variance from the <br />Minnesota Department of Health ("MDH"); <br />WHEREAS, WSB then sought a variance on behalf of the City due to the unavailability of <br />another location for the sanitary sewer line which would meet the 50 foot requirement but the <br />variance request was not considered by MDH; <br />WHEREAS, the MDH issued correction orders (Correction Order Nos. 250026 and 250027) <br />for the Properties dated September 25, 2025, which required corrective action completed on or <br />before November 13, 2025; <br />WHEREAS, the MDH has subsequently granted the City an extension until November 30, <br />2026 to complete the necessary remedial measures; <br />WHEREAS, pursuant to the Contract and confirmation via letter from WSB dated October 1, <br />2025, WSB must indemnify and hold the City harmless from damages, liability, and cost — <br />including reasonable attorneys' fees — to the extent caused by WSB's negligent errors or <br />omissions in the performance of professional services on behalf of the City; <br />WHEREAS, in settlement of the dispute, the Parties have agreed to certain corrective actions <br />to be taken with respect to the Properties and the Parties' responsibility for the costs associated <br />with the corrective actions; and <br />WHEREAS, the Parties now wish to memorialize their agreement in writing. <br />NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, <br />and other good and valuable consideration, the receipt and sufficiency of which are hereby <br />Page 1 of 9 <br />
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