RES 2021-77 Construction & Maintenance Agreement with Wright County for NorthwaterCITY OF OTSEGO
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO: 2021-77
APPROVING A CONSTRUCTION &MAINTENANCE AGREEMENT
WITH WRIGHT COUNTY RELATED TO NORTHWATER
WHEREAS, Tamarack Land — Northwater, LLC (the "developer") is proposing development of Northwater;
and
WHEREAS, a final plat for the development was approved on 27 September 2021 by the City Council; and
WHEREAS, the final plat abuts Wright County State Aid Highway 38 (CSAH 38); and
WHEREAS, Wright County is requiring certain improvements to CSAH 38 as a condition of final plat approval
;and
WHEREAS, those obligations are outlined and memorialized in the attached Construction and Maintenance
Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OTSEGO, MINNESOTA THAT:
1. The Construction and Maintenance Agreement attached hereto between the City of Otsego and
Wright County is hereby approved in form.
2. The Mayor and City Clerk are hereby authorized to execute the Construction and Maintenance
Agreement on behalf of the City of Otsego.
ADOPTED by the City Council of the City of Otsego this 27th day of September, 2021.
MOTION BY: DARKENWALD
SECONDED BY: GOEDE
INFAVOR: STOCKAMP, DARKENWALD, GOEDE, DAHL
OPPOSED: NONE
CITY OF OTSEGO
Jessica L. Stockamp, May r
ATTEST:
Y Audra Etzel, ' y Clerk
AGREEMENT NO. 21-58
WRIGHT COUNTY
DEPARTMENT OF HIGHWAYS
CSAH 38 &STREET c/MARLOWE AVE NE. SE INTERSECTION
CONSTRUCTION & MAINTENANCE AGREEMENT
BETWEEN
THE COUNTY OF WRIGHT
and
THE CITY OF OTSEGO
For
CONSTRUCTION OF IMPROVEMENTS FOR:
County State Aid Highway (CSAH) 38 &Street C/Marlowe Ave NE
Intersection Improvements
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September 22, 2021
COOPERATIVE AGREEMENT
THIS AGREEMENT, made and entered into by and between the County of Wright, Minnesota, acting by
and through its County Board of Commissioners, hereinafter referred to as the "County" and the City of Otsego,
Minnesota, acting by and through its City Council, hereinafter referred to as the "City".
WITNESSETHI
WHEREAS, the portion of County State Aid Highway (CSAH) 3 8 within the limits of the City of Otsego
and described as follows:
CSAH 3 8 &Street C/Marlowe Ave NE Intersection
has been identified as needing improvements associated with the proposed Northwater housing development
within the City of Otsego, and
WHEREAS, in accordance with the County's cost participation policy, dated May 12, 2014;
improvements to the County Highway system required by development driven projects will be completed at no
cost to the County, and
WHEREAS, the County and City have met and discussed the proposed improvements to CSAH 3 8 to
accommodate the proposed Northwater housing development in the City, and
WHEREAS, this cooperative agreement between the County and the City outlines the conditions,
responsibilities and financial obligations in making the necessary improvements to CSAH 38 for the projected
impacts for the Northwater housing development.
NOW, THEREFORE, IT IS MUTUALLY AGREED AND UNDERSTOOD THAT:
1. The County and City, by approval of this agreement, mutually agree that the City of Otsego will be
responsible to make the necessary improvements to CSAH 3 8 &Street C/Marlowe Ave NE (as described below
is items 34) due to the impact the Northwater development will have on the County's highway system.
2. Signature of the development plat and Right -of -Way permits that are required for the proposed Northwater
development will not be processed by the County until such time that this agreement has been completely
executed between the City and the County.
3. The City will construct east and west bound right turn lanes at the intersection of CSAH 38 &Street
C/Marlowe Ave NE. The design will be subject to review and approval of the County Engineer's office.
4. The proposed improvements to CSAH 38 shall be completed by the City of Otsego prior to 10 certificates of
occupancy issued by the City for the Northwater development. The plans for the proposed highway
improvements shall be completed in accordance with Minnesota Department of Transportation (MnDOT) State
Aid standards and shall be reviewed and approved by the County Engineer, prior to advertising for bids for any
of the improvements.
5. The County will restripe a center left turn lane in conjunction with pavement preservation scheduled for 2023.
6. Right-of-way acquisition, if necessary, for the improvements to CSAH 38 (as described above), shall be the
responsibility of the City.
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September 22, 2021
7. The City shall indemnify, save and hold harmless the County and all of its agents and employees of any form
against any and all claims, demands, actions or causes of action of whatever nature or character arising out of or
by reason of the execution or performance of the work provided for herein to be performed by the City,
provided, however, that the City shall have no obligation to indemnify, save, and hold harmless the County with
regard to any claims related to the design of the improvements to be constructed by the City pursuant to this
agreement.
The County shall indemnify, save and hold harmless the City and all of its agents and employees of any form
against any and all claims, demands, actions or causes of action of whatever nature or character arising out of or
by reason of the execution or performance of the work provided for herein to be performed by the County.
S. It is further agreed that any and all full-time employees of the City and all other employees of the City
engaged in the performance of any work or services required or provided for herein to be performed by the City
shall be considered employees of the City only and not of the County. It is further agreed that any and all claims
that may or might arise under Worknian's Compensation Act of the State of Minnesota on behalf of said
employees while so engaged and any and all claims made by any third parties as a consequence of any act or
omission on the part of said City employees while so engaged in any of the work or services provided to be
rendered herein shall be the sole obligation and responsibility of the City.
Any and all full-time employees of the County and all other employees of the County engaged in the
performance of any work or services required or provided for herein to be performed by the County shall be
considered employees of the County only and not of the City. It is further agreed that any and all claims that may
or might arise under Workmen's Compensation Act of the State of Minnesota on behalf of said employees while
so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part
of said County employees while so engaged in any of the work or services provided to be rendered herein shall
be the sole obligation and responsibility of the County.
Before this agreement shall become binding and effective, it shall be approved by the City Council of Otsego
and it shall also be approved by the Wright County Board of Commissioners and such other officers as law may
provide.
IN TESTIMONY WHEREOF the parties have duly executed this agreement by their duly authorized officers
and caused their respective seals to be hereunto fixed.
COUNTY OF WRIGHT
Recommended fox Appxoval:
County Engineer
Approved:
County Board Chair
County Administrator
County Attorney
Date
CITY OF OTSEGO
Approved:
Mayor, City of Otsego
Administrator, City of Otsego
Date
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September 22, 3021