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HomeMy WebLinkAbout2016-27482016 -2748 `J MINNEAPOLIS — CITE' OF COLUMBIA HEIGHTS WATER AGREEMENT This Agreement made and entered into this first (1St) day of June, 2004, by and between the Minneapolis Water Works, City of Minneapolis, a municipal corporation, hereinafter referred to as "Minneapolis Water Works" (MWW) and the City of Columbia Heights, hereinafter referred to as "City of Columbia Heights." WITNESSETH: WHEREAS, it is deemed desirous by the Minneapolis Water Works and the City of Columbia Heights that the MWW sell, and City of Columbia Heights receive water produced from the water works system of MWW; and WHEREAS, the water works system of Minneapolis produces water in quantities sufficient to meet the obligations of this agreement; NOW, THEREFORE, it is mutually agreed as follows: 1. Sale of Water A. The MWW shall sell, furnish and deliver to City of Columbia Heights water from the water works systems of Minneapolis for the use of the City within its corporate limits of the City of Columbia Heights for a period of thirty (30) years in accordance with the terms and conditions hereinafter provided. B. City of Columbia Heights shall only resell water purchased from the MWW to its current and future customers within the City limits of Columbia Heights. The City of Columbia Heights shall obtain written approval from MWW for supply of water to customers outside the City limits of Columbia Heights. 1 THIS AGREEMENT is made as of the X)4day of 2016, by and ton between the City of New Brighton, Minnesota ( "New Brigh" fMnd' t he City of Columbia Heights ( "Columbia Heights "), both Minnesota municipal corporations. WHEREAS, New Brighton and Columbia Heights each own and operate a municipal water utility providing water service to its citizens; and WHEREAS, in the past, New Brighton has connected its system to the Columbia Heights system and purchased water from Columbia Heights for citizens in part of New Brighton, which connection has been removed; and WHEREAS, the City of New Brighton will be completing construction of a new Distribution Control Station located at 3001 — 5th Street NW as part of Improvement Project 16 -4 during 2016, during which time New Brighton will not be able to provide municipal water service with the desired water pressure to its customers in the area depicted on Exhibit A, which is hereby made a part of this Agreement (the "Temporary Service Area "); and WHEREAS, New Brighton wishes to reconnect its system to the Columbia Heights system and purchase water from Columbia Heights for New Brighton customers during the time the New Brighton water tower is out of service; and WHEREAS, Columbia Heights is willing to allow such service connection and provide water to New Brighton on the terms and conditions hereinafter set forth. NOW, THEREFORE, on the basis of the premises and the mutual covenants hereinafter set forth, the parties agree as follows: 1 New Brighton will construct a connection from its water system to the Columbia Heights water system at the point of the previously existing interconnection, which is generally shown on the schematic drawing attached as Exhibit B and made a part of this Agreement (the "Connection Project "). Work shall be done by New Brighton, at the expense of New Brighton, and in accordance with plans and specifications approved by the City Engineer of Columbia Heights. New Brighton will own, operate, maintain and assume all responsibility for the Connection Project. 2. The Connection Project will be constructed at a time agreed to by the New Brighton and Columbia Heights City Engineers during 2016. After constructing the Connection Project and upon approval by the City Engineer of Columbia Heights, New Brighton will open the valve connecting the two systems and Columbia Heights will provide water to New Brighton for sale by New Brighton to its customers in the Temporary Service Area. 398866v2 CLL NE 136 -24 3. Water supplied by Columbia Heights shall be of the same quality and provided in accordance with the same standards as to pressure and volume as is available to customers of Columbia Heights water system. 4. New Brighton assumes all risk and responsibility for claims or damages made by New Brighton customers arising out of, or related to, provision of water by Columbia Heights to New Brighton in accordance with the terms and standards of this Agreement. Each of the parties agrees to indemnify the other, its officers, agents, and employees, for claims arising out of its conduct or resulting from breach of this Agreement. Nothing herein shall be deemed a waiver by either party of the limitations on liability set forth in Minnesota Statutes, Chapter 466. 5. Neither the citizens of New Brighton, nor any other person, are made third party beneficiaries of this Agreement. 6. It is anticipated that the period of time New Brighton will purchase water from Columbia Heights under this Agreement will not exceed eight weeks, and New Brighton will use an average volume of water of less than 100,000 gallons per day. New Brighton will pay Columbia Heights the sum of Three Hundred Fifty -Three Dollars ($379.00) per day for each day, or partial day, that it receives water from Columbia Heights pursuant to this Agreement. Columbia Heights will invoice New Brighton for such amounts no more often than monthly. New Brighton will pay such invoices within thirty (30) days of receipt. 7. If the Columbia Heights City Engineer believes that New Brighton is using more than an average of 100,000 gallons of water per day, the New Brighton Engineer and the Columbia Heights Engineer will meet and attempt to agree on a method of determining the actual water use to an acceptable degree of accuracy. If the Engineers are unable to agree on such a method, the parties will select and share equally the cost of an engineering consultant to design such a method. Such a method could be, for example, use of actual meter readings of a randomly selected group of representative New Brighton customers. The results of the application of the method selected shall be used to adjust the daily charge specified in paragraph 6, either up or down, pro rata, based on the average number of gallons of daily use that is more or less than 100,000 gallons per day. The adjustment, either up or down, shall be applied to the total number of days or partial days that New Brighton receives water under this Agreement. S. Following completion of work on the New Brighton water tower and placing the water tower back in service, New Brighton will remove the Connection Project at New Brighton's expense upon request by Columbia Heights. 398866v2 CLL N6136 -24 2 IN WITNESS WHEREOF, the parties hereto by their authorized representatives hereunto set their hands as of the day and date first above written. i / 4 Its ManaE�e 348866v2 CLL NEI36 -24 • a ,� EXI °I1f =