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Sanitary Sewer Agreement - 3746 Sunset Drive - 11/3/2026 AGREEMENT FOR SANITARY SEWER LINE RECONFIGURATION AND GREASE TRAP MAINTENANCE This Agreement is entered into as of IV ,nGo- R.2026, by and between the City of Spring Park,a Minnesota municipal corporation (the"City"),and Restaurants No Limit Inc.,a Minnesota corporation, located at 3746 Sunset Drive(the"Property Owner"). Recitals WHEREAS,the sanitary sewer line serving Property Owner's property located at 3746 Sunset Drive, Spring Lake Park, Minnesota (the "Property") is currently configured so that wastewater from the restaurant enters or connects with the City's sanitary sewer system before passing through the grease trap; WHEREAS, in connection with the planned reconstruc!.c i of Sunset Drive,the City intends, at its expense,to reconfigure the sanitary service connection and install a new grease trap so that wastewater from the restaurant flows directly to the grease trap without entering the City's sanitary sewer main before treatment;and WHEREAS,the parties wish to define their respective responsibilities for the work,the grease trap,the private sanitary service piping,and resulting maintenance. AGREEMENT NOW,THEREFORE,the parties agree as follows: 1.City's Responsibilities 1.1.Subject to final design,utility coordination,and construction conditions,the City shall,at its expense,cause the sanitary service connection to be reconfigured in connection with the Sunset Drive reconstruction project and install a new grease trap. 1.2.The City's work is anticipated to be completed by 12/31/2026. 1.3 The City's work will include disconnecting the existing connection between the restaurant's sanitary service piping and the City's sanitary sewer main and constructing or directing piping so that the restaurant's sanitary wastewater flows directly to a newly installed grease trap and restoring the land impacted by the construction to the same or substantially same condition that existed immediately prior to the commencement of such construction. 1.4.The City shall pay the costs of the work that the City authorizes and performs as part of the project, including the City's design and construction costs. 1.5.The parties acknowledge that the final route,design, location,and construction schedule may be modified by the City's engineer or contractor as reasonably necessary to complete the project. 2.Property Owner's Responsibilities 2.1.The Property Owner shall provide the City, its engineers,contractors,and agents reasonable access to the Property to inspect,design,construct,test,and complete the work. 1 2.2.The Property Owner shall not obstruct,alter, reconnect, bypass,or modify the reconfigured sanitary service piping or grease trap without the City's prior written consent when the proposed work could affect the City's sanitary system or the operation of the project. 2.3.The Property Owner shall continue its ordinary restaurant operations in compliance with all applicable laws. 2.4.After completion and acceptance of the City's work,the Property Owner shall be solely responsible, at its expense,for inspecting, cleaning, pumping, maintaining, repairing, and replacing the grease trap. 2.5.The Property Owner shall be solely responsible, at its expense,for maintaining,cleaning,jetting, repairing,and replacing the sanitary service piping located on the Property or otherwise serving only Lord Fletcher's, including the piping between the restaurant and the grease trap. 2.6.The Property Owner shall maintain records of grease trap cleaning and private sanitary line maintenance and shall provide those records to the City upon reasonable request. 2.7 The Property Owner shall promptly notify the City of any backup,overflow, blockage, break,or other condition that may affect the City's sanitary sewer system,Sunset Drive, neighboring property,or public health. 3.Damages and Claims 3.1. Following completion of the City's work,the City shall not be responsible for a backup, blockage, overflow,failure,or damage caused by the grease trap,the private sanitary service piping,the Property Owner's operations, improper disposal of grease or other materials, inadequate maintenance,or the acts or omissions of the Property Owner, its employees, contractors,agents,or guests. 3.2.The Property Owner shall be responsible for losses, damages, response costs,and reasonable expenses to the extent caused by the Property Owner's negligence,willful misconduct,violation of law, failure to maintain the grease trap or private sanitary lines, or failure to comply with this Agreement. 4.Completion and Acceptance 4.1.The City shall notify the Property Owner when the work is substantially complete.The parties shall document the effective date on which responsibility for the grease trap and private sanitary lines transfers or is confirmed as the Property Owner's responsibility. 4.2.The grease trap and private sanitary lines, when installed by the City,shall be free from defects and suitable for the Property Owner's particular operations as a restaurant.The City's obligation under this paragraph applies to material defects existing at the time of completion and reported to the City in writing within 12 months after completion. S.General Provisions 5.1 Governing Law:This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. 5.2 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. 2 5.3 Amendments:Any modifications or amendments to this Agreement must be in writing and signed by both Parties. 5.4 Severability: If any provision of this Agreement is found to be invalid or unenforceable,the remaining provisions shall remain in full force and effect. 5.5 Assignment: Neither Party may assign this Agreement or any of its rights or obligations hereunder without the prior written consent of the other Party. 5.6 Notices:Any notices required or permitted under this Agreement shall be in writing and delivered to the Parties at their respective addresses. 6.Signatures IN WITNESS WHEREOF,the Parties have executed this Agreement as of the date first written above. City of Spring Park l 2/ By: Date: Mark Chas yor J By: Date: Mike Anderson,City Administrator Restaurants No mit ;c.01 By: Date: � W' iam Naegel , President 600 Market Street#240 Chanhassen, MN 55317 3