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HomeMy WebLinkAbout2004-067 Council ResolutionCITY OF LINO LAKES RESOLUTION NO. 04 -67 RESOLUTION APPROVING JOINT POWERS AGREEMENT WITH CITY OF NORTH OAKS AND TOWN OF WHITE BEAR WHEREAS, Minnesota Statutes, Section 471.59, authorizes political subdivisions to enter into Joint Powers Agreements, and WHEREAS, the North Oaks Company, LLC, a Minnesota limited liability company (the "Developer ") has proposed to the City of North Oaks a new development in an area known as Rapp Farm and has requested that the Town of White Bear (the "Town ") provide water and sanitary sewer service to Rapp Farm; and WHEREAS, the proposed water and sewer lines for the Rapp Farm development cannot be constructed entirely within North Oaks and are proposed to also be constructed through property located in Lino Lakes owned by the Developer; and WHEREAS, the City of Lino Lakes does not currently contemplate serving Rapp Farm with its municipal and sanitary sewer system; and WHEREAS, the City of Lino Lakes finds that it is the best interests of the community to cooperate with North Oaks and the Town on the extension of Town sewer and water lines through property located in Lino Lakes, owned by the Developer, in order to serve the Rapp Farm development in North Oaks. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. Hereby approves the Joint Powers Agreement with the City of North Oaks and the Town of White Bear and authorizes the Mayor and City Clerk to sign the Agreement. Adopted by the Lino Lakes City Council this 24th da of May, 2004. ATTEST: ergeson, Mayor Ann Blair, C. RAPP FARM MASTER JOINT POWERS AGREEMENT _BETWEEN THE TOWN OF WHITE BEAR, THE CITY OF LINO LAKES, AND THE CITY OF NORTH OAKS THIS AGREEMENT, is made to be effective the day and year set forth below between the TOWN OF WHITE BEAR, a statutory Township under the laws of the State of Minnesota (TOWN), THE CITY OF LINO LAKES, a municipal corporation under the laws of the State of Minnesota (LINO LAKES), and the CITY OF NORTH OAKS, a municipal corporation under the laws of the State of Minnesota (NORTH OAKS). RECITALS: A. NORTH OAKS has in the past and will in the future, be petitioned by owners and developers of property within NORTH OAKS for connection of said property to TOWN water service and /or TOWN sewer service. B. NORTH OAKS has no plans to construct and maintain a water system or sanitary sewer system, but will permit property owners and developers to construct the same, provided the TOWN will maintain and /or allow the same to be connected to the water system and /or sanitary sewer system owned by the TOWN. C. It is feasible for the TOWN to serve property within NORTH OAKS with TOWN water service and /or sanitary sewer service, and NORTH OAKS desires to have the TOWN do so. North Oaks Company, LLC, a Minnesota limited liability company (the "Developer"), has proposed to NORTH OAKS a new development in an area known as Rapp Farm and has requested that the TOWN provide water service and sanitary sewer service to Rapp Farm. E. The proposed water and sewer lines for the Rapp Farm development cannot be constructed entirely within NORTH OAKS and are proposed to also be constructed through property located in LINO LAKES owned by the Developer. LINO LAKES does not currently contemplate serving Rapp Farm with its municipal water and sanitary sewer system; G. LINO LAKES desires to cooperate with NORTH OAKS and the TOWN on the extension of TOWN sewer and water lines through property located in LINO LAKES, owned by the Developer, in order to serve the Rapp Farm development in NORTH OAKS. PURPOSE: Minnesota Statutes, Section 471.59, provides that two or more governmental units, by agreement entered into through action of their governing bodies, may jointly or cooperatively exercise any power common to the contracting parties or any similar powers, including those which are the same except for the territorial limits within which they are exercised. AGREEMENT: Now, therefore, in consideration of the foregoing recitals and mutual undertakings, set forth herein, the TOWN, LINO LAKES and NORTH OAKS, agree as follows: SECTION 1 — WATER SERVICES NORTH OAKS TO HAVE CONSTRUCTED. NORTH OAKS agrees to have property owners and developers construct and install, with no cost to the TOWN, LINO LAKES, or NORTH OAKS, adequate and suitable watermains and appurtenances for property within NORTH OAKS and LINO LAKES in accordance with specifications and standards that are established by the TOWN, NORTH OAKS and LINO LAKES. NORTH OAKS agrees to have such property owners and developers provide the TOWN, LINO LAKES, and NORTH OAKS with as -built plans of all utility lines in such systems in a format acceptable to them. All watermains, appurtenances, services and connections shall be of the same kind of materials and constructed in the same manner and under the same standards, rules and regulations as are now in effect or as may hereafter be prescribed by the TOWN and LINO LAKES for similar installations in the TOWN and LINO LAKES or under standards otherwise acceptable to the TOWN and LINO LAKES. RESPONSIBILITIES OF DEVELOPER. The Developer shall arrange to conduct a site inspection of the property and prepare all of the necessary plans and specifications for the construction of the water system to service the property. The Developer shall hire the Contractor, with the approval of the TOWN, LINO LAKES, and NORTH OAKS to install the improvements. C. CONSTRUCTION OF THE WATER SERVICES. The Developer shall prepare all necessary documents to bid out the project. Such documents shall be reviewed and approved by the TOWN, NORTH OAKS, and LINO LAKES, prior to the project being bid out. The Developer shall hire contractors to install the water system to the property. The contractors shall be of the choosing of the Developer. Neither NORTH OAKS nor LINO LAKES shall be responsible for any actions of the Developer nor the Developer's contractors regarding the installation or construction of the water system. All work to be done in construction and installing the water system within LINO LAKES shall be done subject to the approval of the LINO LAKES City Engineer in accordance with City standards and requirements. All work to be done in constructing and installing the water system within NORTH OAKS shall be done subject to the approval of the NORTH OAKS City Engineer. The water lines and appurtenances shall be constructed in accordance with the direction of the TOWN, NORTH OAKS, and LINO LAKES. D. HOLD HARMLESS. The Developer shall hold harmless and defend the TOWN, NORTH OAKS and LINO LAKES from any and all claims made by anyone for any defects or damages of any kind caused by the installation and /or construction of the water system. EASEMENT. Easements needed to construct and maintain the water system shall be provided by the Developer. Such easements shall be reviewed, approved and accepted by the TOWN, LINO LAKES, and NORTH OAKS prior to the project being bid out. The Developer shall obtain any and all easements at no cost to the TOWN, NORTH OAKS, or LINO LAKES. LINO LAKES ESCROW. Developer shall, contemporaneously with the execution of this Agreement, deposit with LINO LAKES an escrow of Five Thousand , Dollars ($5,000.00) to cover the cost of legal fees, construction documents and observation for the water main in LINO LAKES, engineering fees, administrative expenses, and other costs related to this Joint Powers Agreement and development. All fees and costs incurred by LINO LAKES in connection with the development shall be charged against said escrow account which shall remain in effect until the completion of the construction and connection of the water systems. Any funds remaining in the escrow account after the completion shall be refunded to the Developer. OWNERS OF WATER SYSTEM. The system shall initially be owned by the Developer, but, NORTH OAKS within NORTH OAKS shall have the right to acquire said system for a nominal consideration as will be more fully described in development agreements between NORTH OAKS and such owners and developers. The systems within LINO LAKES shall be owned by the Developer. If LINO LAKES desires to own the system at some time in the future, a separate agreement shall be made at that time regarding the transfer of ownership and ongoing management of the system. H. HOOK -UP FEE. NORTH OAKS will collect from such property owners and developers a hook -up fee per unit as shall be set forth in an addendum to this Agreement in the form attached as ADDENDUM — 2, at the time the water system is connected to each unit to be served. The foregoing fees will be turned over to the TOWN. The hook -up fees may be adjusted annually by Town Board resolution, and such fees shall be based upon the same rate charged for similar services furnished by the TOWN for property lying within the TOWN. INSPECTION /PERMIT FEE. NORTH OAKS will collect from Developer, a permit fee per unit as shall be set forth in an addendum to this Agreement in the form attached as ADDENDUM — 2, half of which shall be remitted to the TOWN for connection of the water line to each unit from the street. It is agreed that all service connections from the mains shall be installed by a licensed and bonded contractor under rules identical to those in effect in the TOWN or as may hereafter be modified by the TOWN. Such connections shall also be inspected by or under the supervision of the TOWN prior to backfilling. Such permit fees may be adjusted annually by Town Board resolution, and such fees shall be the same fees charged for similar services furnished by the TOWN for property lying within the TOWN. WATER METERS. Water meters with an outside remote reader shall be purchased from the TOWN at a cost provided for in an addendum to this Agreement in the form attached as ADDENDUM — 2. Such meter and outside remote reader shall also be inspected by, or under the supervision of the TOWN. Such meters and permit fees may be adjusted annually by TOWN Board resolution. Any replacement or upgrading of meters shall be at the expense of the property owners and developers for remittance to the TOWN. EXTENSION OF SYSTEM. The amount of units requested by NORTH OAKS to be connected to the TOWN water system shall be set forth in an addendum to this Agreement in the form attached as ADDENDUM — 1, specific to each project. All further needs of NORTH OAKS must be reviewed and approved by the Town Board after review of the TOWN'S water system capabilities. L. WATER TURN -ONS. Water turn -ons must be made by the TOWN'S Public Works Department. NORTH OAKS or its agent shall advise or cause the TOWN to be advised twenty -four (24) hours in advance of water turn -ons to insure that the TOWN'S Public Works Department will be available to comply. M. WATER QUANTITY AND QUALITY. The TOWN will supply to NORTH OAKS the same water quantity and quality that the TOWN provides to its own residents in the same service area. N. FUTURE TOWNSHIP IMPROVEMENTS. NORTH OAKS agrees that in the event there are future improvements or modifications by the TOWN to the TOWN water system benefiting property within NORTH OAKS, then the costs thereof shall be added on as part of the water system charged to the customers of said services in an amount sufficient to pay off their share of the future improvements at rates consistent with benefited TOWN properties. FUTURE OPERATING CHARACTERISTICS. The TOWN may desire to change the operating characteristics of its water system from time to time and may request different or additional connections to the system. In that event, NORTH OAKS agrees that property owners and developers benefited by the system shall pay all costs associated with providing the required additional facilities to NORTH OAKS. NORTH OAKS shall collect from the property owners and developers all costs associated with providing the required additional facilities to NORTH OAKS and transfer said monies within sixty (60) days to the TOWN. Additional connections to the TOWN system shall be subject to TOWN approval. PIPING, FIXTURE, ETC. NORTH OAKS shall require that all interior piping, fixtures, accessories or on- premises piping in any manner connected to the water system, be of the same materials, installed in the same manner, and meet the same standards as required for same or similar work in the TOWN. RIGHT TO INSPECT. The TOWN, through its officers, agents and employees, shall have the right, at all times, to examine, inspect and test any materials or work used or to be used in connection with the water system connecting to the TOWN for the purposes of determining whether or not they comply with the foregoing provisions, and shall have the right to examine and inspect the materials and work and method of installation of each unit's plumbing connection with said water system for the same purpose. R. PROTECTION SERVICE AND HYDRANT USE. Hydrant use for purposes other than fire fighting by NORTH OAKS shall be subject to the same rules and regulations applied by the TOWN. INTERRUPTIONS TO WATER SUPPLY. The TOWN shall not be liable for any lack of water supply to its customers, in the event of repair of water mains or connections of new water mains or in the event of fire prevention, or any other cause, and such water .supply may be interrupted for as long as is necessary to complete the necessary work. SECTION 2 SANITARY SEWER SERVICE A. CITY TO HAVE CONSTRUCTED. NORTH OAKS agrees to have the Developer of Rapp Farm construct and install, at its own expense, with no cost to the TOWN, LINO LAKES, or NORTH OAKS, adequate and suitable sanitary sewer lines and appurtenances, in accordance with specifications and standards that are established by the TOWN, LINO LAKES, and NORTH OAKS. NORTH OAKS agrees to have the Developer provide the TOWN, LINO LAKES, and NORTH OAKS with as -built plans of all such sanitary sewer systems in a format acceptable to them. All sanitary sewers, appurtenances, services and connections shall be of the same kind of materials and constructed in the same manner and under the same standards, rules and regulations as are now in effect or as may hereafter be prescribed by the TOWN and LINO LAKES for similar installations in the TOWN and LINO LAKES or under standards otherwise acceptable to the TOWN and LINO LAKES. B. RESPONSIBILITIES OF DEVELOPER. The Developer shall arrange to conduct a site inspection of the property and prepare all of the necessary plans and specifications for the construction of the sanitary sewer system to service the property. The Developer shall hire the contractors, with the approval of the TOWN, LINO LAKES and NORTH OAKS to install the improvements. C. CONSTRUCTION OF THE SANITARY SEWER SYSTEM. The Developer shall prepare all necessary documents to bid out the project. Such documents shall be reviewed and approved by the TOWN, NORTH OAKS, and LINO LAKES prior to the project being bid out. The Developer shall hire contractors to install the sanitary sewer system to the property. The contractors shall be of the choosing of the Developer. Neither NORTH OAKS nor LINO LAKES shall be responsible for any actions of the Developer nor the Developer's contractors regarding the installation or construction of the sanitary sewer system. All work to be done in construction and installing the sanitary sewer system within LINO LAKES shall be done subject to the approval of the LINO LAKES City Engineer in accordance with City standards and requirements. All work to be done in constructing and installing the sanitary sewer system within NORTH OAKS shall be done subject to the approval of the NORTH OAKS City Engineer. The sanitary sewer lines and appurtenances shall be constructed in accordance with the direction of the TOWN, NORTH OAKS, and LINO LAKES. • HOLD HARMLESS. The Developer shall hold harmless and defend the TOWN, NORTH OAKS and LINO LAKES from any and all claims made by anyone for any defects or damages of any kind caused by the installation and /or construction of the sanitary sewer system. E. EASEMENT. Easements needed to construct and maintain the sanitary sewer system shall be provided by the Developer. Such easements shall be reviewed, approved and accepted by the TOWN, NORTH OAKS, and LINO LAKES prior to the project being bid out. The Developer shall obtain any and all easements at no cost to the TOWN, NORTH OAKS or LINO LAKES. LINO LAKES ESCROW. Developer shall, contemporaneously with the execution of this Agreement, deposit with LINO LAKES an escrow of Five Thousand Dollars ($5,000.00) to cover the cost of legal fees, construction documents and observation for the sanitary sewer main in LINO LAKES, engineering fees, administrative expenses, and other costs related to this Joint Powers Agreement and development. All fees and costs incurred by LINO LAKES in connection with the development shall be charged against said escrow account which shall remain in effect until the completion of the sanitary sewer main. Any funds remaining in the escrow account after the completion shall be refunded to the Developer. OWNERS OF SANITARY SEWER SYSTEM. That portion of the sanitary sewer systems within NORTH OAKS shall initially be owned by the Developer, but NORTH OAKS shall have the right to acquire said systems for a nominal consideration as will be more fully described in development agreements between NORTH OAKS and the Developer. That portion of the sanitary sewer systems within LINO LAKES shall be owned by the Developer. If LINO LAKES desires to own the system at some time in the future, a separate agreement shall be made at that time regarding the transfer of ownership and ongoing management of the system. H. HOOK -UP FEE. NORTH OAKS will collect from such property owners and developers a hook -up fee per unit as shall be set forth in an addendum to this Agreement in the form attached as ADDENDUM — 2, at the time the sanitary sewer system is connected to each unit to be served. The foregoing fees will be turned over to the TOWN. The hook- up fees may be adjusted annually by Town Board resolution, and such fees shall be based upon the same rate charged for similar services furnished by the TOWN for property lying within the TOWN. EXTENSION OF SYSTEM. The amount of units requested by NORTH OAKS to be connected to the TOWN sanitary sewer system shall be set forth in an addendum on the form attached as ADDENDUM— 1, specific to this project. All further needs of NORTH OAKS must be reviewed and approved by the Town Board after review of the TOWN'S sanitary sewer system capabilities. FUTURE TOWNSHIP IMPROVEMENTS. NORTH OAKS agrees that in the event there are future improvements or modifications by the TOWN to the TOWN sanitary sewer system benefiting the property, than the costs thereof shall be added on as part of the sewer system charged to the customers of said services in an amount sufficient to pay off their share of the future improvements at rates consistent with benefited TOWN properties. K. PIPING, FIXTURE, ETC. NORTH OAKS shall require that all interior piping, fixtures, accessories ' or on- premises piping in any manner connected to the sanitary sewer system, be of the same materials, installed in the same manner, and meet the same standards as required for same or similar work in the TOWN. L. RIGHT TO INSPECT. The TOWN, through its officers, agents and employees, shall have the right, at all times, to examine, inspect and test any materials or work used or to be used in connection with the sanitary sewer system connecting to the TOWN for the purposes of determining whether or not they comply with the foregoing provisions, and shall have the right to examine and inspect the materials and work and method of installation of each unit's plumbing connection with said sanitary sewer system for the same purpose. M. MANHOLES AND LIFT STATIONS. Manhole and lift station use by LINO LAKES and NORTH OAKS shall be subject to the same rules and regulations applied by the TOWN. N. INTERRUPTIONS TO SANITARY SEWER SERVICE. The TOWN shall not be liable for interruption of sanitary sewer service to its customers, in the event of repair of the sanitary sewer service or connection of new sanitary sewer service, or in the event of any other cause, such sanitary sewer service may be interrupted for as long as necessary to complete the necessary work. SECTION 3 - BILLING A. WATER & SANITARY SEWER SERVICE BILLING. 1. BILLING SERVICE. The water and sanitary sewer charges for services in connection with this Agreement, will be billed by the TOWN directly to the customers of said services. 2. PROPERTY IDENTIFICATION NUMBERS. NORTH OAKS shall provide to the TOWN, at the time the water service is turned on, and the sanitary sewer system is connected to Town sanitary sewer, the Property Identification Number (PIN), as provided by the Ramsey County Department of Property Records and Revenue, and the new owners name and the address, for all units, to allow the TOWN to enter the units into its utility billing system. 3. SURCHARGE. The TOWN will add a sufficient surcharge to the utility rate(s) for purposes of building a separate fund to finance repairs to the Sewer and /or Water System. This surcharge shall be transferred to NORTH OAKS annually and used for costs associated with special maintenance and repairs. 4. DELINQUENCIES. All sewer and water system bills which are delinquent on September 1st of each year, and have been properly billed, shall be certified by the Town Clerk to NORTH OAKS, together with the prevailing administrative fee charged by the TOWN for processing the delinquency and NORTH OAKS hereby appoints the TOWN as its agent to certify to the Auditor of Ramsey County in accordance with State Law, and the TOWN, as NORTH OAKS' agent, in so certifying such charges to the County Auditor, shall specify the amount thereof, the description of the premises serviced, and the name of the owner thereof. The amount so certified shall be extended by the Auditor on the tax rolls against such premises in the same manner as other taxes. Upon receipt of payment from Ramsey County, NORTH OAKS will pay over to the TOWN, the delinquent charges and administrative fees so collected. WATER AND SANITARY SEWER SYSTEM MAINTENANCE BILLING. 1. BILLING SERVICE. The TOWN shall forward all billing statements for costs and charges relating to maintenance and repair of the water and sanitary sewer systems as provided in SECTIONS 5 & 6 of this Agreement directly to the property owners and developers, at such address as will be provided by them. 2. BILL PAYMENT. If the property owners and developers do not pay any bill to the TOWN within ninety (90) days after receipt, the TOWN may bill NORTH OAKS for the amount billed. NORTH OAKS agrees to pay the TOWN in full for the amount due, within forty -five (45) days of receipt of the bill. However, such payment by NORTH OAKS shall not relieve the property owners and developers of the obligation to reimburse NORTH OAKS for payment of any such bill. SECTION 4 — RIGHTS OF WAY RIGHT -OF -WAY CHANGES. Any and all expenses and costs accruing to the sanitary sewer and water system in NORTH OAKS and LINO LAKES in connection with the maintenance, reconstruction, overlaying or paving of streets, alleys, trails, rights -of -way or easements due to the change of grade on such streets, alleys, trails, rights -of -way, easements or any other changes resulting from action of NORTH OAKS, LINO LAKES, Counties of Ramsey or Anoka or State of Minnesota, as such changes affect mains, services and appurtenances within NORTH OAKS or LINO LAKES and affecting this system, shall be the responsibility of NORTH OAKS or LINO LAKES, depending upon in which City the affected portion of the system is located, who may pass the costs and expenses thereof onto the property owners and developers. B. ACCESS. NORTH OAKS and LINO LAKES agree that the TOWN, NORTH OAKS's contracting fire department, and such other persons or entities as designated by the TOWN, shall have complete access to all roads, streets, trails, easements, rights -of -way, fire hydrants, manholes, lift stations, wells, and other sewer and water utility equipment as may be necessary for the use, maintenance, repair or replacement of the sewer and water system. For the purpose of providing such complete access, NORTH OAKS shall cause the relevant property owners and developers to consent to this Agreement using a Consent in the form attached as Exhibit A. The TOWN agrees to restore or repair any damaged roads or shoulders. C. EASEMENT ACQUISITION. The property owners and developers shall provide the TOWN, LINO LAKES and NORTH OAKS all easements for access to the sanitary sewer and water systems within the CITY for purposes of repairs, maintenance or replacement or other work deemed necessary by NORTH OAKS, LINO LAKES, or the TOWN. SECTION 5 — WATER SYSTEM MAINTENANCE A. MAINTENANCE. NORTH OAKS, LINO LAKES and the Developer request that the TOWN provide all necessary maintenance and repair to the water system for the development area referenced .in an addendum to this Agreement in the form attached as ADDENDUM — 1, and the TOWN has agreed to do so. EMERGENCY ON -CALL SERVICE. The TOWN shall provide twenty- four (24) hour, seven (7) day a week emergency service to service and maintain the water system. Such service shall include the water mains and related appurtenances only and shall not include that part of the system lying between the watermain and the dwelling, which serves as the dwelling's private service connection. PROTECTION OF WATER LINES. NORTH OAKS and LINO LAKES agree that they will each assist the TOWN in the protection of the water system and will cooperate with the TOWN in protecting barricades, stored materials, traffic routings, etc., as may be necessary for the maintenance or repair work performed by the TOWN to the water system. FIRE HYDRANTS. The TOWN shall flush each area of the development's fire hydrants twice each year for the charge as stated in the attached Rate Schedule which Rate Schedule may be changed annually by resolution of the TOWN. CHARGES FOR MAINTENANCE. The charges for maintenance and repairs performed pursuant to this Agreement shall be at the rates established in the attached Addendum 2 which may be changed annually by resolution of the TOWN. All services requiring outside contractors shall be as invoiced by the contractor upon invoice verification and approval by the TOWN. OTHER AGREEMENTS. Nothing herein shall prevent NORTH OAKS from entering into contractual agreements with the individual users or any other association comprised at least in part of individual users, provided that such contractual arrangements do not interfere with or alter NORTH OAK'S undertaking herein with respect to the TOWN. SECTION 6 — SANITARY SEWER SYSTEM MAINTENANCE A. MAINTENANCE. NORTH OAKS, LINO LAKES, and the Developer request that the TOWN provide all necessary maintenance and repair to the sanitary sewer system for the development area referenced in an addendum to this Agreement in the form attached as ADDENDUM - 1, and the TOWN has agreed to do so. EMERGENCY ON -CALL SERVICE. The TOWN shall provide twenty- four (24) hour, seven (7) day week emergency service to service and maintain the sanitary sewer system. Such service shall include the sanitary sewer mains and related appurtenances only and shall not include that part of the system lying between the sanitary sewer main and the dwelling, which serves as a private service connection for the dwelling. C. PROTECTION OF SEWER LINES. NORTH OAKS and LINO LAKES also agree that they will each assist the TOWN in the protection of the sanitary sewer system and will cooperate with the TOWN in protecting barricades, stored materials, traffic routings, etc., as may be necessary for the maintenance or repair work performed by the TOWN to the sanitary sewer system. LIFT STATION MAINTENANCE. The TOWN shall provide maintenance to each lift station. Lift stations shall be checked at least once per week during normal work hours and routine repair parts shall be purchased by the TOWN, and NORTH OAKS agrees that the TOWN shall be reimbursed for the costs thereof for the lift stations. FLUSHING OF SANITARY SEWER SYSTEMS. The TOWN shall clean and flush the gravity portion of the sanitary sewer system once each year for the charges as stated in the attached Rate Schedule which may be adjusted annually by resolution of the TOWN. NORTH OAKS agrees that the property owners and developers shall provide the TOWN, at no charge to the TOWN, all water to be used for accomplishment of services provided for in this Agreement. CHARGES FOR MAINTENANCE. The charges for maintenance and repairs performed pursuant to this Agreement shall be at the rates established in attached Addendum 2 which may be adjusted annually by resolution of the TOWN. All services requiring outside contractors shall be as invoiced by the contractor upon invoice verification and approval by the TOWN. OTHER AGREEMENTS. Nothing herein shall prevent the CITY from entering into contractual agreements with the individual users or any other association comprised at least in part of individual users, provided said contractual arrangements do not interfere with or alter the CITY'S undertaking herein with respect to the TOWN. SECTION 7 - INDEMNIFICATION A. SOD, LANDSCAPING, DRIVEWAYS, SIDEWALKS AND STREETS. Neither NORTH OAKS, LINO LAKES, nor the TOWN or their agents and employees shall be responsible for damages to landscaping or sod due to maintenance and repairs covered by this Agreement, which damages shall be the ultimate responsibility of such property owners and developers. INDEMNIFICATION. NORTH OAKS covenants and agrees to indemnify, save harmless, defend the TOWN, and any and all of its agents, employees and servants, from any and all claims arising from the activities conducted under this Agreement within NORTH OAKS, except claims of reckless disregard or willful misconduct. By consenting to this Agreement, such property owners and developers shall likewise indemnify and save NORTH OAKS harmless from all claims arising from the activities conducted under this Agreement by NORTH OAKS or the TOWN, except for claims of reckless disregard or willful misconduct. SECTION 8 — TERM TERM. This Agreement shall remain in force and effect unless terminated as follows: Either the TOWN, LINO LAKES, or NORTH OAKS may terminate this Joint Powers Agreement by giving two (2) years written termination notice to the other as follows: To the TOWN: Town Clerk Town of White Bear 1281 Hammond Road White Bear Township, MN 55110 To the CITY: City Clerk City of North Oaks 100 Village Center. Drive, Suite 150 North Oaks, MN 55127 To LINO LAKES: City Clerk City of Lino Lakes 600 Town Center Parkway Lino Lakes, MN 55014 SECTION 9 — MISCELLANEOUS PROVISIONS A. All general and special conditions, plans, special provisions, specifications and contracts for the water system and sanitary sewer system shall and hereby are made a part of this Agreement by reference as if fully set our herein in full. Any connections or extensions of the sanitary sewer and water main within LINO LAKES other than those approved herein shall be subject to and in conformance with LINO LAKES' Comprehensive Plan, ordinances, and policies. Future connections or extensions of the proposed facilities shall be subject to amendment of this Agreement and /or a separate agreement between the TOWN and LINO LAKES. All applicable fees relating to this project shall be paid by the Developer, including the cost of recording documents with Ramsey County and /or Anoka County. The Developer shall permit access to the land herein for periodic inspections to assure conformance with the conditions herein. This agreement shall be deemed to be a restrictive covenant and the terms and conditions hereof shall run with the land described on Exhibit A hereto and be binding on and inure to the benefit of the successors and assigns of the parties hereto. Reference herein to the Developers, if there be more than one, shall mean each and all of them.. Notwithstanding the foregoing, the terms and conditions of this Agreement shall survive the termination of this Agreement to the full extent necessary for their enforcement and for the protection of the parties hereto, and their successors and assigns. IN WITNESS WHEREOF, the Town of White Bear, the City of Lino Lakes, and the City of North Oaks have caused this Agreement to be executed on their behalf by their proper offices, Board, Council and Officers. (signatures on following pages) TOWN OF WHITE BEAR B Its Chairman ATTEST: By: Its Town Clerk- Treasurer Dated: , 2004. STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this day of 2004, by ROBERT J. WEISENBURGER, Chairman of the Town Board of Supervisors and by WILLIAM F. SHORT, Town Clerk- Treasurer, of the Town of White Bear, Minnesota, a municipal corporation, on behalf of the corporation. CITY OF NORTH OAKS B Its Mayor By: Its City Clerk Dated: , 2004. STATE OF MINNESOTA ) COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this day of , 2004 by , Mayor of the City of North Oaks, and by , City Clerk of the City of North Oaks, Minnesota, a municipal corporation, on behalf of the corporation. Notary Public CITY OF LINO LAKES By: Its Mayor Bv. Its City Clerk Dated: , 2004. STATE OF MINNESOTA ) COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2004, by Mayor of the City of Lino Lakes, and by , City Clerk of the City of Lino Lakes, Minnesota, a municipal corporation, on behalf of the corporation. Notary Public EXHIBIT A CONSENT BY DEVELOPER The undersigned, property owner and /or developer of the property described in the foregoing ADDENDUM —1 to the Master Joint Powers Agreement, dated and additional Addendum —1, which may provide for construction, hook -up of sanitary sewer and water services, and /or maintenance between the TOWN OF WHITE BEAR, the CITY OF LINO LAKES, and the CITY OF NORTH OAKS, with respect to the development identified therein, state and represent that the undersigned have read, understood, consent to, and agree to be bound by all of the conditions and obligations of the Master Joint Powers Agreement as they relate to the undersigned, including payment of all costs referred to therein, and acknowledge that the same were entered into for the benefit of the undersigned and its successors and assigns. NORTH OAKS COMPANY, LLC By: Carolyn M. McCann, President LOCATION: SERVICE PROVIDED: MAXIMUM # OF HOOK -UPS ADDENDUM —1 (Here list name of subdivision) (Legal description or repeat name of subdivision) (List service maintenance, water /sewer) The Sections of that certain Master Joint Powers Agreement dated , 2004, by and between the TOWN OF WHITE BEAR, CITY OF LINO LAKES, and the CITY OF NORTH OAKS, that pertain to this Addendum are as follows: (Here list sections which apply from Master JPA) IN WITNESS WHEREOF, the Town of White Bear and the City of North Oaks have caused this Agreement to be executed on their behalf by their property officers, Council and Board. TOWN OF WHITE BEAR By: ROBERT J. WEISENBURGER, Chairman Dated: , 2004. ATTEST: By: WILLIAM F. SHORT, Clerk- Treasurer CITY OF NORTH OAKS By: Mayor Dated: 2004. Bv: Clerk • CITY OF LINO LAKES By: ADDENDUM — 2 RATE SCHEDULE For MASTER JOINT POWERS AGREEMENT BETWEEN THE TOWN OF WHITE BEAR, THE CITY OF LINO LAKES, AND THE CITY OF NORTH OAKS Dated ************************************ * * * * * * * * * * * * * * * * * * * * * *** * * *** ** HOOK -UP FEES: Water Extension Charge Water Tower Charge Water Availability Charge (WAC) Local Sewer Availability Charge (Local SAC WATER METER CHARGES: Including Remote Read Charge) 1" LABOR RATES: Per worker, per hour charge — normal duty hours (7:00 a.m. to 3:30 p.m.) Per worker, per hour charge — after Normal duty hours (overtime rate) 3/4" 1 1/2 EQUIPMENT BILLING RATES: Pick -Up Truck Jet Machine 5 -Ton Dump Truck Loader Inspection /Permit Fee LIFT STATION MONITORING Monthly charge FLUSHING per unit per unit per unit per unit $ 25.00 /per hour 56.00 /per hour 50.00 /per hour 43.00 /per hour 40.00 /per util /per unit $ 30.00 Semi- annual flushing of hydrants Cleaning and flushing of sanitary sewer system $ 150.00 $1,000.00 PERMIT /INSPECTION FEE WATER RATE — QUARTERLY STATE WATER TESTING FEE - Quarterly WATER SERVICE MAINTENANCE — Quarterly (Transmitted to the City of North Oaks) SEWER RATE — Quarterly $40.00 /per unit $1.62 per 1000 gallons ($25.75 minimum per unit) $ 1.31 $ 8.50 $52.25 Adopted by Resolution of the Town of White TOWN OF WHITE BEAR By: ROBERT J. WEISENBURGER, Chairman ATTEST: By: WILLIAM F. SHORT, Clerk- Treasurer Bear on roposed sewe crossing area; owned by North Oaks Comp VICINITY MAP (ND SCALE) STAFF ORIGINATOR: CITY COUNCIL MEETING DATE: TOPIC: VOTE REQUIRED: BACKGROUND: AGENDA ITEM 61 Michael Grochala May 24, 2004 Consideration of Resolution No. 04 -67 Approving Joint Powers Agreement with City of North Oaks and Town of White Bear Simple Majority As previously discussed with council, City staff has been working with the Town of White Bear, City of North Oaks and the North Oaks Company to facilitate the extension of sanitary sewer and water main to service residential development in North Oaks. Portions of Lino Lakes are designated to be serviced by sanitary sewer supplied by the Town of White Bear through properties owned by North Oaks Company within Lino Lakes. Although development of the Lino Lakes area is not slated to occur until 2010, North Oaks Company is currently in the approval process with the City of North Oaks to develop the Rapp Farm which is located south of County Road J (Ash Street) and west of Wilkinson Lake. This project is being designed to handle future expansion within the City of Lino Lakes. North Oaks Company is proposing to establish a utility corridor through their property in Lino Lakes to provide for future utility connections. This would allow North Oaks Company to proceed with development projects in North Oak without adversely impacting future expansion for use by the City of Lino Lakes. Additionally, the establishment of the corridor in Lino Lakes will allow North Oaks Company to avoid construction impacts to Wilkinson Lake and the surrounding wetlands. Staff is of the opinion that this would be a practical and cost effective process for both North Oaks Company and the City of Lino Lakes. The proposed Joint Powers Agreement (JPA) provides for the following: 1. North Oaks Company is responsible for the provision of easements, design, construction, and costs of the proposed improvements. The Town of White Bear is responsible for maintenance of the proposed utilities. Construction shall be in conformance with Lino Lakes Standards and subject to review and approval. $10,000 will be escrowed to cover all costs incurred by the City. Any connections or extensions to the utilities. within Lino Lakes are subject to the City's Comprehensive Plan, ordinances and policies. Future connections or extensions would require an amendment to the agreement and /or a separate agreement between the Town of White Bear and the City. The City Attorney has reviewed the proposed JPA and his comments have been addressed. RECOMMENDATION: Staff is recommending approval of Resolution No. 04 -67 Approving Joint Powers Agreement with City of North Oaks and Town of White Bear. ATTACHMENTS 1. Resolution No. 04 -67 2. Joint Powers Agreement General Location Map