CR 94-55 Approval Of Development Thermotech
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. March 15, 1994 ~ Council Report: 94-55
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APPROVAL OF DEVELOPMENT
CONTRACT WITH THERMOTECH
Proposed Action.
staff recommends adoption of the following motion: UMove to authorize
the Mayor and City Manaqer to execute a development contract with the
Thermotech Division of the Menasha Corporation for wetland remediation
within Valley Park and that any money received for this purpose be
deposited into the Park Dedication Fund."
Overview.
On November 2, 1993 the City Council approved a conditional use permit
for an addition to the 1302 Thermotech building on 5th street South.
The C.U.P. included a requirement that Thermotech meet all Watershed
District requirements. One Watershed District requirement was for
Thermotech to provide wetland remediation for the 0.38 acre wetland
they were proposing to fill as a part of the addition plans. The
C.U.P. also included a requirement that if Thermotech's proposed
... wetland remediation was to take place wi thin the Valley Park and
.., Westbrooke Way area, that they needed to get Park Board approval.
The Park Board reviewed Thermotech' s Wetland Remediation request at
their last meeting and approved the request as presented in the
attached February 28, 1994 letter form Thermotech's attorney on this
matter.
Primary Issues to Consider
o What previsions are within Thermotech's 2/28/94 proposal?
o Is there conflict in allowing Therrnotech to perform their wetland
remediation on city property?
o How is the city assured that the wetland will be remediated
properly?
o What is staff's recommendation?
Supporting Information
o Detailed Background
o Analysis of Issues
o Thermotech's Proposal
o Development Agreement
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Lee Gustafs , Public Works Director
Council Report: 94-55
Page 2
.
Detailed Background
Thermotech is presently considering constructing an addition to their
facilities on 5th street South. The addition makes it necessary for
them to expand their parking lot. The parking lot expansion, however,
requires the filling of a small deteriorated wetland. State law
requires that whenever a wetland is filled, a comparable wetland must
be constructed as a replacement. Thermotech does not have any
available land on their property to construct a wetland, and as such,
they are looking for an alternative site to construct a replacement
wetland.
The area that Thermotech would like to construct their replacement
wetland was intentionally chosen because it coincides with
improvements the city is presently undertaking on Nine Mile Creek. To
get a good understanding how this site coincides with the Nine Mile
Creek improvements, the following background information is needed on
the creek project.
The city of Hopkins has been working with the Nine Mile Creek
Watershed District over the last year in an attempt to reduce flooding
problems along the creek in the areas of 5th Street South, and County
Road 3. The City was also working with the Watershed District during
this time to try and eliminate the high water problems in the south
tit end of town near T.H. 169. This cooperative effort recently resulted
in the City of Hopkins and the Watershed District approving the
installation of additional culverts. New culverts will be installed
under the C. P . Rai lroad tracks south of 5th street South, next to
Thermotech, under 11th Avenue South, and under 7th street South, 1n
order to reduce the flooding problems.
One requirement for installing these new culverts is that a
sedimentation basin be constructed downstream of these improvements in
order to catch any sediment that may flow down stream as a result of
the construction. The sedimentation site that was chosen for the
project is the same site that Thermotech would like to construct their
replacement wetland.
The size requirement for the sedimentation basin is approximately the
same size as the area needed for the replacement wetland.
Furthermore, it 1S fairly easy to convert this area from a
sedimentation basin to a replacement wetland after the project is
completed. This naturally is an ideal opportunity from Thermotech's
perspective.
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council Report: 94-55
Page 3
tit Analvsis of Issues
o What provisions are within Thermotech's 2/28/94 proposal?
There are two main provisions of Thermotechs proposal. The first
is that they will pay the city of Hopkins $10,000 for use of this
property. The reasons for justifying this amount are within the
proposal and are acceptable to staff. The other main component
of the proposal is that the wetland remediation would be
completed in accordance with the attached development agreement.
The development agreement assures the city the remediation will
be done correctly, and at no expense to the city.
o Is there conflict in allowing Thermotech to perform their wetland
remediation on city property?
The benefits and facts in accepting Thermotech' s proposal, as
viewed by staff, are as follows:
- The proposed site is presently not used as an active park
and is in fact on the opposite side of the creek from Valley
Park. It furthermore is just an area our park crews mow and
is not designated for any specific use.
. - The site is presently excavated for use as a siltation pond
for the Nine Mile Creek Improvements. Discussions had
previously occurred to leave it as a siltation pond or
something similar after the project was completed. The pond
would have therefore probably turned into wetland after a
period of time if left in its current excavated state after
the project was completed.
- Restoring the site as a wetland would improve water quality
downstream and provide wildlife habitat. Wildlife viewing
would also increase and be available from the new trail
along Westbrooke Way as well as the trails within Valley
Park.
- Menasha proposes to pay the City of Hopkins $10,000.00 for
use of this property that could be designated for use on
other park projects.
o How is the city assured that the wetland will be remediated
properly?
The attached development agreement specifies everything that
Thermotech has to do to properly remediate the wetland. The city
attorney has reviewed the agreement and found it to be acceptable
in protecting the city from liability.
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Council Report: 94-55
Page 4
. 0 What is staff's recommendation?
staff's recommendation is identical to the Park Boards, and that
is to accept Thermotech's proposal as presented, and execute the
attached development agreement.
The Park Board's other recommendation on this matter was to
deposit the money proposed by Therrnotech into the Park Dedication
Fund. This desire is repeated in staff's recommended action to
the City Council.
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. FAEGRE a BENSON
2200 t'JORWEST CENTER
90 SOUTH SEVENiH STREET
MINNEAPOLIS, MINNESOTA 55402-3901
61~,~33b-30QV
FAC51MILE 61i?"'336-3n26 WALTER H. ROCKENSTEIN II
612/336-3281
February 28, 1994
Lee Gustafson, P.E.
Public Works Director/City
Engineer
Hopkins Public Works
1601 Second street South
Hopkins, MN 55343
RE: Thermotech Plant Expansion - compensation For Use
Of Park Land As Wetland Restoration Area
Dear Mr. Gustafson:
. As Menasha Corporation moves toward expansion of its
Thermotech Division facility in Hopkins, it has identified the
necessity to fill a .38 acre wetland at the plant site. Under
the Minnesota Wetlands Conservation Act, a replacement wetland
must be constructed to mitigate this fill.
Menasha and the City have identified a site where this
replacement wetland can be constructed on city park property.
The proposed site offers a number of advantages both to the city
and to Menasha.
First, a delay in the plant expansion due to delay in
wetland replacement is avoided. Under state law, the wetland
replacement must be conducted contemporaneously with the project
necessitating the wetland fill. Since finding any area to
construct replacement wetlands in the heavily urbanized Nine Mile
Creek Watershed District is difficult, use of this site will
avoid any delay in proposed plant expansion which might be
occasioned by finding and acquiring a replacement site elsewhere
in the Nine Mile Creek Watershed District.
Second, the site is not designated for active park or
recreational use. In fact, the city intends to excavate the site
for a siltation basin in conjunction with construction of
drainage improvements along Nine Mile Creek.
e Third, restoration of the area as a wetland will
improve water quality down stream from the wetland, enhance
DENVER DES MOINE:; WASHI NGTQN. O. C. LON CON FRANKFURT
. Lee Gustafson, P.E.
February 28, 1994
Page 2
wildlife habitat, and add to the flood control capacity in this
reach of Nine Mile Creek.
Menasha proposes to compensate the City for the use of
this property in the amount of $10,000, payable January 20, 1995,
or upon application for the building permit to expand the
Therrnotech facility, whichever is earlier. This payment has been
calculated as follows. The area to be utilized is .38 acres or
16,553 square feet. Using a value of .55e per square foot, this
would yield a payment to the City of $9,104. While Menasha seeks
to defer payment until January of 1995, construction of the
replacement wetland might occur as early as May 1994. This
represents an eight month gap between the commencement of use and
payment. Accordingly, interest on the unpaid amount appears
appropriate. Interest on $9,104 at 8% for eight months equals
$488. The total of land value and interest would be $9,592 which
Menasha has chosen to round to $10,000.
Development of the wetland would be pursuant to a
development contract with the City. A proposed contract for your
consideration is attached.
. We request that you place the compensation issue before
the Park Commission at its February 28th meeting. Based on their
action, we hope the matter of compensation and the development
contract can be acted on by the City Council in March.
Sincerely yours,
eJJ:iv.. W ~.
Walter H. Rockenstein II
WHRj CW /MVV04D56.WP5
CC: Tom Lundgren
Glenn Holcombe
Erik Streed
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. DEVELOPMENT CONfRACT
THIS AGREEMENT, dated as of , 1994, is
by and between the city of Hopkins, a Minnesota municipal
corporation (the "City"), and Menasha Corporation, a Wisconsin
corporation ("Menashall), and provides as follows:
1.0 RECITALS
1.1 The Thermotech Division of Menasha desires to expand
its plant at 1202 South Fifth street, Hopkins, Minnesota, to
increase both its manufacturing and office space.
1.2 To accommodate this expansion and the additional
.. parking necessitated thereby, a degraded remnant wetland of
approximately .38 acres must be filled. To replace this wetland
loss, a Replacement Wetland of equivalent size and type must be
created.
1.3 Thermotech has been working with the City and the Nine
Mile Creek Watershed District on drainage improvements along Nine
Mile Creek to facilitate the plant expansion. As a part of these
. drainage improvements, the City must construct the siltation
Basin on the Development Property.
1.4 The city and Thermotech have agreed that upon
completion of the drainage improvements to Nine Mile Creek, the
siltation Basin will be reconstructed to create the Replacement
Wetland.
1.5 Both the United states Army corp of Engineers, st. Paul
Division, and the Nine Mile Creek Watershed District have
approved the filling of the remnant wetland and construction of
the Replacement Wetland.
1.6 Menasha and the City desire to enter into a contract
specifying their obligations with respect to construction of the
siltation Basin and its reconstruction to create the Replacement
Wetland.
2.0 DEFINITIONS, RULES OF INTERPRETATION, AND EXHIBITS.
2.1 Definitions. In this Agreement, the following terms
shall have the following respective meanings unless the context
hereof clearly requires otherwise:
2.1.1 Aqreement. IIAgreement" means this Development
e Contract.
. 2.1..2 certificate of Satisfactory Comp1etion.
"certificate of Satisfactory completion" means the Nine Mile
Creek Watershed District Grading and Earthmoving Permit for
the Replacement Wetland executed by an inspector for the
District showing satisfactory completion of the work
authorized by the permit in the form attached as Exhibit A.
2.1.3 city. "city" means the City of Hopkins,
Minnesota.
2.1.4 city Construction Plans. "City Construction
Plans" means the plans, specifications, drawings, and
related documents for construction of the siltation Basin by
the city on the Development Property attached as Exhibit B.
2.1.5 City Contractor. lICity Contractor" means that
contractor engaged by the city to construct the drainage
improvements along Nine Mile Creek including the siltation
Basin.
2.1.6 Development Property. "Development Property"
means the real property depicted in Exhibit C.
2.1.7 Event of Default. "Event of Default" means an
. event of default defined in section 7 of this Agreement.
2.1.8 Menasha. "Menasha" means Menasha Corporation,
a wisconsin corporation, which is headquartered in Neenah,
Wisconsin.
2.1.9 Parties. "Parties" means Menasha and the City.
2. 1. 10 party. "Party" means either Menasha or the
City.
2.1.11 project. "Project" means the Development
Property and the Replacement Wetland.
2.1.12 Replacement Wetland. "Replacement Wetland"
means the .38 acre wetland to be constructed on the
Development Property according to the Wetland Construction
Plans.
2.1.13 Siltation Basin. "Siltation Basin" means the
siltation basin to be constructed on the Development
Property by the City Contractor according to the City
construction Plans as part of the Nine Mile Creek drainage
improvements project.
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. 2.1..1.4 Thermotech. "Thermotech" means the Thermotech
Division of Menasha which is located at 1202 South Fifth
Street, Hopkins, Minnesota.
2.1.15 Unavoidable Delays. "Unavoidable Delays" means
any delay outside the control of the Party claiming its
occurrence which is the direct result of strikes, other
labor troubles, unusually severe or prolonged bad weather,
Acts of God, fire or other casualty to the Improvements,
litigation commenced by third parties which, by injunction
or other similar judicial action, directly results in
delays, or acts of any federal, state, or local governmental
unit (other than the city) which directly result in delays.
2. 1. 16 Wetland Construction Plans. "Wetland
Construction Planslf means the plans, specifications,
drawings, and related documents for construction of the
Replacement Wetland on the Development Property attached as
Exhibit D.
2.2 Rules Of Interpretation. The following rules shall be
used in interpreting this Agreement:
2.2.1 This Agreement shall be interpreted in
. accordance with and governed by the laws of the state of
Minnesota.
2.2.2 The words "herein" and Ifhereof" and words of
similar import, without reference to any particular section
or subdivision, refer to this Agreement as a whole rather
than to any particular section or subdivision hereof.
2.2.3 References herein to any particular section or
subsection hereof are to the section or subdivision of the
Agreement as originally executed.
2.2.4 Any titles of the several sections and
subdivisions of this Agreement are inserted for convenience
of reference only and shall be disregarded in construing or
interpreting any of its provisions.
2.3 Exhibits. The following exhibits are attached hereto
and by reference made a part of this Agreement:
2.3.1 Exhibit A. Form of Certificate of satisfactory
Completion.
2.3.2 Exhibit B. City Construction Plans.
2.3.3 Exhibit c. Drawing of Development Property.
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. 2~3.4 Exhibit D. Wetland Construction Plans.
3.0 REPRESENTATIONS, WARRANTIES, AND COVENANTS
3.1 Representations, Warranties, And Covenants By The city.
The city represents, warrants, and covenants that:
3.1.1 The City is authorized to enter into and
perform its obligations under this Agreement.
3.1.2 The city will take all actions as may be
necessary in order to construct the siltation Basin in
accordance with this Agreement.
3.1.3 If Menasha requests that the City Contractor
construct the Replacement Wetland, the City will not
unreasonably withhold approval of Menasha1s request. If the
City through its City Engineer approves Menasha1s request,
the City will take exercise its best efforts to cause the
City Contractor to construct the Replacement Wetland. The
city Engineer1s approval of Menasha1s request does not under
any circumstances guarantee that the City Contractor will
agree to or is able to construct the Replacement Wetland.
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3.2 Representations, warranties, And Covenants By Menasha.
Menasha represents and warrants that:
3.2.1 Menasha is a corporation duly organized and in
good standing under the laws of the state of Wisconsin, is
authorized to do business in Minnesota, is in good standing
under the laws of Minnesota, is not in violation of any
provisions of its articles of incorporation, and is
authorized to enter into and perform its obligations under
this Agreement.
3.2.2 Menasha will take all actions as may be
necessary in order to construct the Replacement Wetland upon
the Development Property at Menasha1s expense in accordance
with this Agreement and all local, state, and federal laws,
regulations, and permits; or, if Menasha requests that the
City Contractor undertake the construction of the
Replacement Wetland and the City Engineer approves Menasha1s
request, Menasha will reimburse the City for all costs
relating to such construction.
3.2.3 Menasha has received no notice or communication
from any local, state, or federal official or body that the
activities of Menasha respecting the Development Property or
the construction of the Replacement Wetland thereon may be
. or will be in violation of any law or regulation.
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. 3.2.4 Menasha will use its best efforts to obtain, in
a timely manner, all required permits, licenses, and
approvals, and to meet, in a timely manner, all requirements
of all applicable local, state, and federal laws and
regulations which must be obtained or met before the
Replacement Wetland may be lawfully constructed.
3.2.5 The execution and delivery of this Agreement,
the consummation of the transactions contemplated hereby,
and the fulfillment of or compliance with the terms and
conditions of this Agreement are not prevented or limited by
and will not conflict with or result in a breach of any
provision or requirement applicable to Menasha or of any
provision of any evidence of indebtedness, agreement, or
instrument of whatever nature to which Menasha is now a
party by which it is bound.
4.0 CITY CONSTRUCTION OF SILTATION BASIN
4.1 construction Of siltation Basin. The City agrees that
it will construct the Siltation Basin on the Development Property
in conformance with the City Construction Plans.
. 4,.2 Commencement And Completion Of Construction. Subject
to Unavoidable Delays, the city shall commence construction of
the Siltation Basin on or before February 1, 1994, and shall make
the basin available for construction of the Replacement Wetland
on or before May 2, 1994.
5.0 CONSTRUCTION OF REPLACEMENT WETLAND
5.1 Construction Of Replacement Wetland By Menasha.
Menasha agrees that it will construct the Replacement Wetland on
the Development Property at Menasha's expense in conformance with
the Wetland Construction Plans, unless the City has agreed to
have the city Contractor perform the work pursuant to a request
from Menasha as set forth in Section 5.2. Subject to Unavoidable
Delays, Menasha shall commence construction of the Replacement
Wetland on or before May 9, 1994, and construction shall have
been completed on or before June 15, 1994.
5.2 Construction Of Replacement Wetland By city Contractor.
If no later than March 15, 1994, Menasha requests that the city
Contractor construct the Replacement Wetland, the City Engineer
shall give notice of approval or disapproval of the request
within three (3) weeks after service of the request. If the city
Engineer approves the request and the city Contractor agrees to
perform the work, the city agrees to modify its contract with the
e City Contractor to add construction of the Replacement Wetland on
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. the Development Property in conformance with the Wetland
Construction Plans and to cause the city Contractor to construct
the Replacement Wetland. Subject to Unavoidable Delays, the City
Contractor shall commence construction of the Replacement Wetland
on or before May 9, 1994, and construction shall have been
completed on or before June 15, 1994.
5.3 satisfactory completion By Menasha. rf Menasha
constructs the Replacement Wetland, promptly after completion of
construction, Menasha shall furnish the city with a Certificate
of satisfactory Completion. Such Certificate shall be a
conclusive satisfaction and termination of the agreements and
covenants in this Agreement with respect to the obligations of
Menasha to construct the Replacement Wetland; provided that since
Menasha remains responsible under Minn. Rules Parts 8420.0600 -
.0630 to ensure that the Replacement Wetland achieves the goal of
replacing lost wetland functions and values, Menasha's right of
access and indemnification obligation as set out in Section 6
shall continue as provided in Section 6.
5.4 satisfactory completion By The city Contractor.
5.4.1 If the city Contractor constructs the
Replacement wetland, promptly after completion of
. construction, the city Contractor shall give notice to the
city and Menasha that construction is complete and furnish
the city and Menasha with the pay quantities and final
construction costs for the Replacement Wetland.
5.4.2 within three (3) weeks after service of notice
and receipt of pay quantities and final construction costs,
Menasha's wetlands consultant shall approve or disapprove
the construction, the pay quantities, and the final
construction costs. Notice of approval shall be furnished
to the City and the city Contractor and shall be accompanied
by a Certificate of Satisfactory Completion. Within two (2)
weeks after service of the wetlands consultant's notice of
approval and the Certificate of satisfactory Completion, ~e
city shall approve or disapprove the pay quantities and the
final construction costs. Notice of City approval
accompanied by a request for Menasha to pay the final
construction costs of the Replacement Wetland shall be
furnished to Menasha. Payment of the final construction
costs by Menasha shall be a conclusive satisfaction and
termination of the agreements and covenants in this
Agreement with respect to the obligations of Menasha to
construct the Replacement Wetland; provided that since
Menasha remains responsible under Minn. Rules
Parts 8420.0600 - .0630 to ensure that the Replacement
wetland achieves the goal of replacing lost wetland
. functions and values, Menasha's right of access and
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. indemnification obligation as set out in Section 6 shall
continue as provided in Section 6.
5.4.3 If Menasha's wetlands consultant disapproves,
its written disapproval and a written report noting the
additional construction and/or changes in pay quantities or
final costs which will result in approval shall be furnished
to the City and the City Contractor. The City Contractor,
after remedying the problems noted in the written report,
may again give notice to the city and Menasha that
construction is complete and furnish pay quantities and
final construction costs. Within two (2) weeks after
service of notice and receipt of pay quantities and final
construction costs, Menasha's wetlands consultant shall
again approve or disapprove the construction, the pay
quantities, and the final construction costs. If Menasha's
wetlands consultant again disapproves, the process set forth
in this section 5.4.3 shall be repeated until construction,
pay quantities, and the final construction costs are
approved by Menasha's wetlands consultant. Once approval
has been given by Menasha's wetlands consultant, the
procedures for city approval and payment by Menasha set out
in Section 5.4.2 shall be followed.
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6.0 RIGHT OF ACCESS AND INDEMNIFICATION
6.1 Menasha's Access Rights. The City hereby grants
Menasha:
6.1.1 The right to enter on the Development Property
for the purpose of constructing the Replacement Wetland.
6.1.2 For a period of ten (10) years after completion
of construction of the Replacement wetland, the right to
enter on the Development Property to maintain and improve
the Replacement Wetland as may be required by the Nine Mile
Creek Watershed District.
6.1.3 The right of access over city property between
Westbrooke Way and the Development Property to exercise the
access rights granted in Sections 6.1.1 and 6.1.2, provided
Menasha restores the city property to its condition prior to
access at Menasha's expense.
6.2 Indemnitication ot city. Menasha shall hold harmless
and indemnify the city, its officers, employees, agents, and each
and everyone thereof, from and against any actions, claims,
costs, damages, executions, expenses, fees (including without
limitation attorneys' fees and costs and witnesses' fees and
e costs) , judgments, liabilities, liens, and suits (collectively
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. "Claimsfl)1 arising from or relating to the construction of the
Replacement Wetland and to subsequent maintenance and improvement
of the Replacement Wetland by Menasha; provided, however, Menasha
will not indemnify the City or hold it harmless from any Claims
which arise by reason of the acts or conducts of the City itself
or any of its officers, employees, or agents, nor shall this
indemnification apply to the warranties made or obligations
undertaken by the city in this Agreement.
7.0 REMEDIES UPON DEFAULT
7.1 Event Of Default Defined. The following are Events of
Default under this Agreement:
7.1.1 Failure by the city to commence and complete, or
to cause the commencement and completion of, the
construction of the siltation Basin pursuant to the terms,
conditions and limitations of this Agreement.
7.1.2 Failure by Menasha to commence and complete, or
to cause by making a request to the City the commencement
and completion of, the construction of the Replacement
Wetland pursuant to the terms, conditions, and limitations
of this Agreement.
4It 7.1.3 Failure by the city or Menasha to observe or
perform any covenant, condition, obligation, or agreement on
its part to be observed or performed under this Agreement.
An Event of Default shall also include any occurrence which
would with the passage of time or the giving of notice become an
Event of Default as defined hereinabove.
7.2 Remedies. Whenever any Event of Default occurs, the
Party in default shall, upon written notice from the other,
proceed immediately to cure or remedy the Event of Default and,
in any event shall do so within sixty (60) days after notice has
been given or such longer period as may reasonably be required to
cure the Event of Default. In case such action is not taken or
diligently pursued, or the Event of Default shall not be cured on
or before the expiration of the aforesaid sixty (60) day period,
or such longer period as may reasonably be required, the
aggrieved Party may take such actions or institute such
proceedings as may be necessary or desirable in its opinion to
cure the Event of Default, including, but not limited to, (1)
suspending its performance under this Agreement, (2) suing to
compel specific performance, (3) recovering damages arising out
of the Event of Default, or (4) terminating this Agreement
without further obligation whatsoever hereunder to the party in
4It default.
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. 7.3 No Remedies Exclusive. No remedy herein conferred upon
or reserved to either Party is intended to be exclusive of any
other available remedy or remedies, but each and every such
remedy shall be cumulative and shall be in addition to every
other remedy given under this Agreement or now or hereafter
existing at law or in equity. No delay or omission to exercise
any right or power occurring upon any default shall impair any
such right or power or shall be construed to be a waiver thereof,
but any such right and power may be exercised from time to time
and as often as may be deemed expedient.
7.4 No Additional Waiver Implied by One waiver. If any
agreement contained in this Agreement should be breached by
either Party and thereafter waived by the other Party, such
waiver shall be limited to the particular breach so waived and
shall not be deemed to waive any other concurrent, previous, or
subsequent breach hereunder.
8.0 ADDITIONAL PROVISIONS
8.1 Amendment. This Agreement may be amended by the
Parties hereto only by written instrument executed in accordance
with the same procedures followed for the execution of this
. Agreement.
8.2 counterparts. This Agreement may be executed in any
number of counterparts, each of which shall constitute an
original hereof.
8.3 Notices and Demands. All demands, notices, and
requests required or permitted to be given under this Agreement
shall be in writing and shall be deemed to be given when
deposited in the United states Mail in a sealed envelope with
registered or certified postage prepaid thereon, return receipt
requested, and addressed to the Parties at the following
addresses:
With respect to Menasha:
Menasha Corporation
1645 Bergstrom Road
Neenah, WI 54956
Attention: General Counsel
.
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,
. with respect to the City:
The city of Hopkins
1010 First street South
Hopkins, MN 55343
Attention: city Manager
or at such other address as the addressee may hereafter elect
from time to time by giving to the other Party hereto not less
than thirty (30) days' advance written notice.
8.4 Successors and Assigns. This Agreement shall be
binding on and inure to the benefit of and be enforceable by the
Parties hereto and their respective successors and assigns.
IN WITNESS WHEREOF, the city and Menasha have caused this
Agreement to be executed by their duly authorized
representatives.
CITY OF HOPKINS, MINNESOTA
. "'
By
Its Mayor
By
Its city Manager
.
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. MENASHA CORPORATION
By
Its
By
Its
This Document Drafted By:
Walter H. Rockenstein II
FAEGRE & BENSON
2200 Norwest Center
. 90 South Seventh street
Minneapolis, MN 55402-3901
(612) 336-3000
MVV046EO.WP5
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CJ Streambank Erosion ;'1 . _-;-;: .',,/!; PARTIAL PROJECT PLAN SHEET 2 OF 2
_Repair .... .........::)... ..r-: HOPKINS CULVERT IMPROVEMENTS