4395 Dodd Rd - Plastic Water Services AgreementWATER SERVICES AGREEMENT
This Water Services Agreement ("Agreement") is made this �� day of fe6ttAaf
2025 by and between Timothy & Cindy Boike ("Landowner") and the City of Eagan, a
Minnesota municipal corporation (the "City"). (Landowner and the City are collectively referred
to as the "Parties").
WHEREAS, the Landowner is the owner of real property located at 4395 Dodd Road
Eagan, MN 55123 and legally described as:
Parcel ID Number 10-81160-01-010
(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:
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 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
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 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: Timothy & Cindy Boike
4395 Dodd Rd
Eagan, MN 55123
If to City: City of Eagan
Attn: 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)
Landowners:
t �C icua
STATE OF MINNESOTA)
ss.
COUNTY OF
The foregoing instrument was acknowledged before me this day of
V{ YA 20XX, b U ar U o 0Le
and �;,��wc1►C� 5 , husband and wife.
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` Jennifer M. Skarie
° NOTARY PUBLIC
State of Minnesota
My commission Expires 1.3t-2026
Water Services Agreement
(Signature page of City)
City of Eagan
By:
Mike Maguire
Its: Mayor
By:
Elizabeth VanHoose
Its: Clerk
STATE OF MINNESOTA)
) ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this day of
L1�00� , 2025, 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.
A/V%A
6'4'�GELA7ANTEL D. FAISON
blic-Minnesota
Expires Jan. 31, 2030
THIS INSTRUMENT WAS DRAFTED BY:
Dougherty, Molenda, Solfest, Hills & Bauer P.A.
14985 Glazier Avenue, Suite 525
Apple Valley, MN 55124
(952) 953-8847
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Notary Pu 1ic