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Plastic Water Services Agreement - 590 Diffley RoadWATER SERVICES AGREEMENT This Water Services Agreement ("Agreement") is made this �' day of U(- , 2024 by and between Aaltiol lo� Cwtts PleLandowner") and the City of Eagan, a Minnesota municipal corporation (the "City"). (Landowner and the City are collectively referred to as the "Parties"). WHEREAS, the Landowneris the owner of real property located at _590 Difflev Road and legally described as: Parcel ID Number 10-47580-01-010 (the ".Property"); and WHEREAS, the City has a policy to require a one -inch copper water service for all water connections within the City; and WHEREAS, Landowner has requested. that the City allow the use of a plastic 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 Landowner 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: 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 future 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 9 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. 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 shall be deemed to be given when and if sent by certified mail, return receipt requested, postage prepaid, properly addressed as follows, or such other address as may hereafter be designated in writing by either of the Parties: If to Landowner: Mayela Martinez Pliego; Carlos Cortes-Pliego 590 Diffley Road Eagan, MN 55123 If to City: City of Eagan Attn: Russ Matthys, Public Works Director 3830 Pilot Knob Road Eagan, MN 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 (Signature pages to follow.) Water Services Agreement (Signature page of Landowner) *(use this one if Landowner is single) Landowner: pVlAvjeLp- Ntae'r 0Z-L f L«Gs STATE OF MINNESOTA) ) ss. COUNTY OF The foregoing instrument was acknowledged before me this S__day of 2024, by t k" -60, ki ne t P I eot o , a single person. NICOLE MARIE VILLAFAN -. Notary Public -Minnesota ..• MYGOMM "WExpiresJen.31,2028 Notary Public Water Services Agreement (Signature page of Landowner) *(use this one if Landowner is single) Landowner: STATE OF MINNESOTA) ) ss. COUNTY OF (A)�QV -- The foregoing instrument was acknowledged before me this (0-tL, day of VVAt! , 2024, by CcnrluS Cy A-QS •-p1i t �, a single person. MICKI LARAE WELCHER Notary Pub "Itwosota b MyQmriwionWNJm31.2= Notary Public Water Services Agreement (Signature page of City) City of Eagan By: Mike MaguireV Its: Mayor By: 11—DA lez ,4 j1AA 14 ElizM'etfi Vuffloose Its: Clerk STATE OF MINNESOTA) )ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this _LO± day of 2024, 'by Mike Maguire and Elizabeth VanHoose, the Mayor and Clerk of the City of Eagan, a Minnesota rnunicipal corporation, on behalf of the municipal corporation. AL 11 a ANGELA D. FAISON NOTARY PUkr, - MiNNESOTA My Gomm Exp, Jan. 31 2025 THIS INSTRUMENT WAS DRAFTED BY: Dougherty, Molenda, Solfest, Hills & Bauer P.A. 1.4985 Glazier Avenue, Suite 525 Apple Valley, MN 55124 (952) 953-8847 RBB Notary Public