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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 2 1 P a a e of 4 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. 31Page of 4 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 41Page or 4 September 22, 3021