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Agreement for Water Meter Replacement - 2400 Interlachen Road - 11/15/2024 AGREEMENT FOR WATER METER REPLACEMENT The City of Spring Park& Bayview Apartments This Agreement is entered into as of the ' day of 1. .1 , 2024, by and between the City of Spring Park, a municipal corporation located in Hennepin County, Minnesota (hereinafter referred to as the "City"), and Bayview Apartments, located at 2400 Interlachen Road,Spring Park, MN (hereinafter referred to as"Bayview"). RECITALS WHEREAS,the City desires to improve water metering systems within its jurisdiction and is replacing outdated water meters with new models;and WHEREAS, Bayview agrees to the replacement of its existing water meters with new ones provided by the City, at no cost to Bayview for parts or installation; NOW,THEREFORE, in consideration of the mutual promises, covenants, and agreements herein,the Parties agree as follows: 1.SCOPE OF WORK 1.1 The City agrees to provide,at its own cost, new water meters and all necessary parts, materials, and labor for the installation of said meters at Bayview Apartments. 1.2 The City will select a licensed vendor or plumber to perform the installation of the new water meters. 1.3 The specific number and type of water meters to be installed as mutually agreed upon by the parties will be a three(3)inch water 2.COST AND PAYMENT 2.1 The City shall bear all costs associated with the new water meters, including but not limited to the costs of parts, materials, and labor for installation. 2.2 Bayview shall incur no expenses related to the water meter replacement. 3. INSTALLATION SCHEDULE 3.1 The installation of the new water meters shall begin on a date mutually agreed upon by the City and Bayview,with all work to be completed no later than December 31,2024. 3.2 The City shall provide reasonable notice to Bayview regarding the installation schedule, including the start date. 4.WARRANTY 4.1 The City provides a 12-month warranty on the water meter installation work and the new water meters, commencing from the date of installation completion (completed November 6, 2024). 4.2 The warranty covers defects in materials and workmanship. It does not cover damage caused by misuse, neglect, or acts of nature. 4.3 Any necessary repairs or replacements under this warranty will be carried out by the City's selected vendor at no cost to Bayview. S.ACCESS AND COOPERATION 1 5.1 Bayview agrees to provide the City, its employees, agents, and contractors with reasonable access to its premises as needed to perform the installation of the new water meters. 5.2 Such access shall be arranged at times mutually agreed upon by the Parties to minimize disruption to Bayview's residents. 6. INDEMNIFICATION 6.1 The City agrees to indemnify,defend,and hold harmless Bayview, its owners, managers,and residents from and against any claims, liabilities, damages, or expenses arising from the installation of the water meters, except where such claims result from the negligence or willful misconduct of Bayview, its employees,or agents. 7.GENERAL PROVISIONS 7.1 Governing Law:This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. 7.2 Entire Agreement:This Agreement constitutes the entire agreement between the Parties concerning the subject matter hereof and supersedes any prior agreements, understandings, or negotiations, whether written or oral. 7.3 Amendments:Any modifications or amendments to this Agreement must be in writing and signed by both Parties. 7.4 Severability: If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. 7.5 Assignment: Neither Party may assign this Agreement or any of its rights or obligations hereunder without the prior written consent of the other Party. 7.6 Notices:Any notices required or permitted under this Agreement shall be in writing and delivered to the Parties at their respective addresses. 2 8.SIGNATURES IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above. City of Spring Park By: Date: IZ.OY ZOL� Jeff Hoff aver .�� By: Date: Mike Anderson, City Administrator Bayview A�artment§ r5 By: Date: DavidSegal, wner I i i I I I i I I I i i 3 INVOICE | Dec 20, 2024 City of Spring Park 4349 Warren Ave, Spring Park, MN 55384 (952) 471-9051 24SP-00130 | Plumbing (Commercial) Fee Item Account Code Assessed Date Outstanding Balance Commercial Plumbing Permit 11/29/2024 $315.50 Commercial Plumbing Plan Review 11/29/2024 $205.08 State Surcharge 11/29/2024 $6.75 Total Balance Due $527.33 Application Info Applicaton Date: 11/4/2024 Property Address 2400 INTERLACHEN RD, SPRING PARK, MN 55384 Property Owner Property Owner Address Valuation Description of Work CENTER DEVELOPMENT CO/BAYVIEW APT $13,500.002220 CAPE COD PL, MINNETONKA, MN 55305 Replace 3 water meters with 1 new meter.