Plastic Water Services Agreement - 1285 Deerwood DriveWATER SERVICES AGREEMENT
This Water Services Agreement ("Agreement") is made this day of
2023 by anal between Christopher. Perdoni ("Landowner") and the City of Eagan., a, Minnesota
municipal corporation (the "City").. (Landowner and the City are collectively referred. toa-s the
"Parties").
WHEREAS, the Landowner is the owner of real property located at 1285 Deerwood
Drive and legally described as:
Parcel ID Number 101417506140
the "Property"); and
WHEREAS, the City has a policy to require a one -inch copper water service for afl. water
connections within the City; and
WHEREAS.,. Landowner has requested that the City allow the use of aplastic water
service instead of the standard one -inch copper water service; and ,
'WHEREAS, the City is willing to allow Landowner to use a plastic water service
provided that Landow
ner enter into this Agreement and agree to be bound by the terms within.
NOW, THEREFORE,, in consideration of the foregoing and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as
-follows:
1. USE OF PLASTIC WATER SERVICE. The City hereby grants the Landowner
the ability- to install a plastic water service provided that it is installed in a
manner acceptable to the City Engineer and is accompanied by a locate
wire.
2. REPLACEMENT OF PLASTIC SERVICE. Landowner agrees that the plastic
service will need to be removed and/or replaced with a copper service line
if and when the Property develops or subdivides in the ftiture unless the City
Engineer determines that plastic is an acceptable or standard material at the
time of future development/subdivision.
3. BREACH. If Landowner is required to install the copper water service in
accordance with Section 2 above but fails or refuses to do so,- then upon
such failure or refusal Landowner (a) hereby grants to the City a license to
enter upon the Property for the purpose of installing the copper water
service and (b) authorizes the City to install the copper water service and
specially assess the Property for the actual, reasonable cost of such
installation.. Landowner hereby waives any objection to such costs for the
installation in accordance with Minn. Stat. § 429.081 and agrees to pay the
same for a period of five (5) years at an interest rate determined by the City.
4. GOVERNING LAW. This Agreement shall be governed by and interpreted under
the laws of the State of Minnesota.
5. BINDING. This Agreement shall run with the Property until terminated and
shall be binding upon the successors of the Landowner.
6. NOTICES. Any notice required. or permitted under this Agreement shall be in
writing and shalt be deemed to be given when and if sent by certified mail, return
receipt requested, postage prepaid, properly addresse*d as follows, or such other
p I
address as may hereafter be designated in writing by either of the :Parties
If to Landowner: Christopher Perdoni
1285 Deerwood Dr
Eagan, NIN 55123
If to City: City of Eagan
Attn: Russ Matthyq
3830 Pilot Knob Road
Eagan, NIN 55121.
With a Copy to: Dougherty, Molenda, Solfest, Hills & Bauer P.A..
Attn-. Robert B. Bauer, City Attorney
14985 Glazier Avenue, Suite 525
Apple Valley, MN 55124
(Sigrzature pages to follow.)
Water Services Agreement
(Signahire page of Landowner)
Landowner:
STATE OF MINNESOTA)
) ss.
COUNTY Of;-�,� �-)
The foregoing instrument was acknowledged before me this day of
2023, byC",v-,kv�-;
,- tie a single person.
Water Services Agreement
(Signature page of City)
City of Eagan
t
By:
Mike Maguire
Its: Mayor
By: ell
El a ta'rlioo'se'
Its: Clerk
STATE OF MINNESOTA)
ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this
g g g441 -day
of 2023, by Mike Maguire and Elizabeth VanHoose the Mayor and
Clerk of the City of Eagan, a Minnesota municipal corporation, on behalf of the
municipal corporation.
AMP
AN D* FAISON
NOTARY PUB - MINNEA5 iTA
} � My Comm. UP. Jars. 31 t 2025
THIS INSTRUMENT WAS DRAFTED BY:
Dougherty, Molenda, Solfest, Hills & Bauer P.A.
14985 Glazier Avenue, Suite 525
Apple Valley, MN 55124
(952) 953-8847
RBB
Notary Pu lic