26-31 - Resolution - MDH Correction Order - WSB - City Agreement

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documentation of any such MDH determination to the City within 5 business days of receipt. The parties understand and agree that WSB remains responsible for its indemnification obligations to the City under the Contract. 6. Utility Credit. The City and WSB agree that a $1,000 water utility credit will be provided to the affected property owners. WSB shall be responsible for 50% of the utility credit for the 20 Properties, representing a total amount of $10,000. This equates to $500 per property owner. For each property, WSB shall make this payment to the City within 30 days of the completion of the corrective work. The City will be responsible for the remaining portion of utility credits offered to property owners. 7. Property Owner Agreement. WSB will prepare a release for each property owner to sign at the earlier date of when the property owner agrees to the corrective work or reimbursement for work already performed. The release will include at least the following information: consent from the property owner to allow the City, WSB, and any necessary contractors to access the Property to perform the work; a release of claims from the property owner; and information regarding the utility credit offered to the property. The final language in the agreement will be subject to City approval. 8. Administrative and Legal Costs. WSB agrees to pay a total sum of $5,000 for all non- legal administrative costs incurred by the City. This payment shall be made within 30 days of the execution of this Agreement. WSB agrees to pay the City's legal fees already incurred to date in the amount of $4,277. WSB also agrees to pay the City's legal fees related to the correction orders. The City shall reasonably attempt to provide WSB notice prior to engaging the attorney for such work and an estimate of the cost and shall keep WSB apprised of the status of legal actions. Payment for legal fees incurred to date shall be made within 30 days of the execution of this Agreement. Payment for future undisputed legal fees shall be made within 45 days of WSB's receipt of an invoice from the City. WSB is entitled to review full billing invoices to confirm reasonableness of billing and subject matter. Where reasonably possible, the City agrees that it will attempt to notify WSB prior to requesting any legal work be performed with respect to the 20 properties. Failure of the City to provide notice does not negate WSB's responsibilities under this Paragraph. 9. WSB's Costs. WSB agrees that the City will not be billed for any of WSB's costs associated with the correction orders, including but not limited to administrative costs, professional fees, testing costs, and any other expenses incurred by WSB in fulfilling its obligations under this Agreement. 10. No Admission of Liability. This Agreement does not constitute an admission of liability or wrongdoing by any party. Neither this Agreement nor any negotiations, discussions, or proceedings related to this Agreement shall be offered or received as evidence of an admission of liability or wrongdoing by any party. 11. Entire Agreement. This Agreement constitutes the entire agreement between the Page 6 of 9