HomeMy WebLinkAboutContract 2012 2445 INSTALLATION OF PRIVATE WATER SERVICE FOR 4347 CENTRAL AVENUE
WITHIN MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY
THIS AGREEMENT, made and entered into this a3 /day of r: 1 , 2012 by and between the
City of Columbia Heights, 590 40th Avenue NE, Columbia Heights, MN 55421, hereinafter
referred to as "CITY"and
CENTRAL INVESTMENT LLC, Owner, its successors and assigns, 4347 Central Avenue NE,
Columbia Heights, MN 55421, hereinafter referred to as "OWNER";
WITNESSETH:
WHEREAS, OWNER wants to install a fire protection line for the property at 4347 Central
Avenue NE, Columbia Heights, Minnesota (Lot 20 except north 30 feet thereof, together with
Lots 21 &22, Block 2, Reservoir Hills, Anoka County, Minnesota, subject to easements of
record); and
WHEREAS, the water main is located on the west side of Minnesota Department of
Transportation (Mn/DOT) Trunk Highway 65 (Central Avenue); and
WHEREAS, Mn/DOT will not permit installation of a water line to a private property owner.
NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
1. CITY'S OBLIGATION
CITY shall submit permit application to Mn/DOT on behalf of OWNER. CITY is not
responsible for actions of Mn/DOT as a result of permit application and enforcement.
2. OWNER'S OBLIGATION
OWNER shall provide all plans and submittals required by Mn/DOT for peunit
application to CITY at no cost to the CITY.
OWNER shall cause the construction of the fire protection line in accordance Mn/DOT
permit requirements, Minnesota Department of Health requirements, and City
requirements, in addition to all applicable Federal, State and Local laws, regulations,
codes and ordinances.
OWNER shall indemnify, save and hold harmless the CITY and its agents and employees
from all claims, demands, actions, or causes of action arising out of or by reason or
matter related to installation of the fire protection line, and OWNER further agrees to
defend at its sole cost any claims arising as a result of installing or operating the fire
protection line.
4347 CENTRAL AVENUE
PAGE 2
3. OWNERSHIP
The fire protection line is a private line and the OWNER shall assume responsibility for
operation and maintenance of fire protection line, including the portion from the water
main to the property line.
4. MODIFICATIONS OF THE AGREEMENT
This agreement may be modified only upon prior approval of the CITY and the OWNER.
5. TERMS OF THE AGREEMENT
This agreement shall run concurrent with the operation of the water fire protection line
commencing with the date of its execution.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by their respective duly authorized representatives as of the day first above written.
CITY OF COLUMBIA HEIGHTS CENTRAL INVESTMENT LLC
BY
BY
Walter Fehst, City M,:nag-r' (Signa e)
ccAt'l R)1(1,
B� . i_. � 'i' �J` _.,,..,,..'.,, (Print Name)
Gary Peterso , Mayor r
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