HomeMy WebLinkAboutItem 12 - MOU Termination Terms January 14,2014
Dean Zuleger,City Administrator
City of Lake Elmo
3800 Laverne Avenue North
.Lake Elmo. MN 55042
RF- iemorandum of Understanding—Ternds for Termination
Dear Mr.Zuleger:
We appreciate the effort that the City has undertaken to fulfill the terms of the Memorandum of Understanding
(MOU)as it has been amended over time. Both the planning efforts and the capital expenditures have laid the
groundwork for the City to accommodate urban development in a way that addresses City and regional interests.
As we have discussed,we are prepared to negotiate the terms under which Council staff would consider
approaching;the Council's governing body about sunsetting the requirements of the MOU. We propose that the
MOU be terminated upon receipt of documentation of payment for substantial completion of the following
elements of the City's local trunk sewer improvements,retainage and surety bonds notwithstanding:
® Section 34/Lennar Development Improvements: including gravity sanitary sewer and sanitary sewer
forcemain and lift station.
Lake Elmo Avenue Sewer Infrastructure Project: including trunk gravity improvements between 1.0�h
Street and 1=94 where connection to the regional system occurs,and lift station and forcemain piping
along Lake Elmo Avenue between the Village Area and 10`h Street.
We also propose that in the event that the City is unable to provide this documentation before the spring adoption
of Thrive M5P 2040,we will work with the City to amend the MOU to extend the agreement through 2040 and
re-negotiate the development targets through the year 2040,with all other terms of the MOU remaining in full
force and effect.
If these proposed terms are acceptable to the City,please indicate the City's approval by signing a copy of this
letter as provided below and routing the signed copy back to Guy Peterson.We look forward to our continued
work with you.
Sincerely, The City concurs with these terms:
Afflw- ^/
Patrick P. Born,Regional Administrator Dean Zuleger,City A.drninistrator
CC.: Susan Haigh,Metropolitan.Council Chair
Harry Melander,Metropolitan Council District 12
Don Mueting,General Counsel
Dave Theisen,Deputy General Counsel
Leisa Thompson,General Manager Environmental Services
Guy Peterson,Community Development Director �-
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