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9 MILE CREEK IMPROVEMENTS 0' LOEFFEL-ENGSTRAND COMPANY General Constructors 612 Eleventh Avenue South, Hopkins, Minnesota 55343 Telephone 935-0141, Area Code 612 February 23, 1984 \J i n i am Cr a i g City Manager City of Hopkins Hopkins City Hall 1010 South First Street Hopkins, MN 55343 o Dear Bill: We have observed that the City has recently place some stone riprap at the Nine Mil e Creek lianksone block upst ream from our bu i 1 d i n9 jus t s,outh of the railraod tracks'. Where the creek enters our property Cnewoffice sl tel , immediately east oflJ tiT Avenue South, there ts: a sharp bend. The bank there i sa 1most vertical andobvtously subject to erosion. The effect is unsightly as w-ell as pollution to the creek and 105:-5 of land area. We think that placement ofrlprapon the r,igb-t Eiank {north side} from the culvert underJJthAvenue South, past the tree on the bank would be very bene- fEc ra 1 . Res:hap tog the 1 eft liank OppOS i te wou 1 d a 1 so be des i reab 1 e to maintain the channel stze~ We reques.t that you and the engineering staff look at the feasibil i ty of this work. S i:ncerel y, LO~ COMI'AN'f R. L. Loeffel Commercia/Industrial Institutiona/ Construction - "" NINE MILE CREEK WATERSijED DISTRICT CITY OF HOPKINS o Cooperative Agreement Nine Mile Creek Stream Improvement and Bank Stabilization Project I. PARTIES The Nine Mile Creek Watershed District (hereinafter "District") and the City of Hopkins (hereinafter "Hopkins"), acting by and through their governing bodies, enter into this cooperative agreement by reason of and inrecognitio~ of the fact that the overall water and related. land management plans for the, . District allow for the initiation of stream maintenance program~ with municipalities consistent with the District's overall plan o objectives where work in watercourses is needed to improve, maintain and stabilize the channel, bed and banks of watercou~ses flowing wi thin the District in order to provide on a re.gular basis for the protection, maintenance and enhancement of such pUbl,ic waters. II. PROJECT AREA The reach of Nine Mile Creek subject to this agreement runs from where Nine Mile Creek crosses County Road Number 3 to just, east of Ninth Avenue, all within the City of Hopkins, He~nepin . County, Minnesota. III. OBLIGATIONS OF HOPKINS Hopkins agrees to undertake all work in regard to the cleaning and restoration of the creek bed and banks of Nine Mile rI o Creek in the project area. The work shall include removal of sand deposits and rock obstructions within the creek; removal of. other. sediment and debris from the creek bed and adjacent banks; deepening and aligning the channel in the-p~oject area: and stabilizing of the banks and bed of the creek where 'sediment and debris are removed and channel alignment occurrs, with natural stone riprap materials approved by the District prior to placement. IV. FINANCIAL OBLIGATIONS FOR PAYMENT OF THE PROJECT The District shall assume and be responsible for the payment of project costs in a total amount not to exceed $3,000. In the event the total project costs exceed the sum of $3,000, Ho~kins o agrees to complete the entire project as agreed upon and pay ,for all costs, including all labor and materials, in excess of the District's financial obligation set forth above. V. METHOD OF PAYMENT o Upon completion of the entire project, Hopkins 'shall certify in writing to the District that the work has been completed,in, accordance with the plans and specifications prepared by Hopkins and reviewed and approved by the District. Upon submission to.th~ District by Hopkins of an invoice detailing the actual costs and expenses to complete the project work, the District will t:emit ~o Hopkins the Districtts payment in accordance with Article IV above. -2- .t o VI. INDEMNITY AND HOLD HARMLESS <:) VII. COVENANTS OF HOPKINS Hopkins hereby agrees that during the period when this Agreement is in effect, Hopkins will have secured and will maintain in full force and effect all requisite permits to undertake the project work,contemplatedherebYi will have secured all requisite rights of entry and property rights necessary to perform such project work at the places,designatedi and will not remove, destroy, extract or denude any natural vegatation, trees, shrubs, grasses, and other growing plant materials that have not, otherwise been specified for renewal in the approved plans and permits authorizing this creek improvement and bank alignment and o stabilization program. -3- .' c." o VIII. AUTHORITY OF DISTRICT The District has full power and authority to undertake this project and fund the same in accordance with its water maintenance and repair fund established pursuant to Laws of Minnesota 1980, Chapter 501. IX. DURATION This Agreement shall be binding on the parties through the. period required to complete the Nine Mile Creek stream improvements and bank stabilization work in, the project area or March IS, 1984, whichever date first occurs. Additional commitments or time extensions shall require a new agreement o between the parties hereto. o THIS AGREEMENT shall be in force and effect upon execution by the parties in the manner set forth in a resolution qf the, respective governing bodies approving the agreement and authorizing the execution of this document. Dated: CITY OF HOPKINS By Dated: NINE MILE CREEK WATERSHED DISTRICT By 1145q -4- ",,:j . .,--., · . l " oil U gl i.., ~' :0 ~.i ....10:'" "':j L-:. 0" ::--~r \ !~ ~ 01 ;. a: ;' a:\ :. V' t.: I .~~ . ~I : 0' , o ' . . IS" \ 9 , I I>. ......,~l__~ H . , .-//.....,......-- ~,-.-" ~ f,g: , ..-/.. ,./' !.;' j: .. ~: r ~ r.-// , :>> ;-?cf: ~?(d il ~ ,;.;" : . I' X ! 'r.~! 1 :I~; , I 'to- 'fI'I' '. j : I...,,: . _I. 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