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HomeMy WebLinkAboutResolution No. 015-24 - Resolution - Joint Resolution and Memorandum of Agreement Between the City of Rochester and Rochester Township for Westhill Drive SW RESOLUTION Joint Resolution and Memorandum of Agreement Between the City of Rochester and Rochester Township for Westhill Drive SW. WHEREAS, Westhill Drive SW (the “Road”) is a Rochester Township (the “Township”) road owned and maintained by the Township; and WHEREAS, pursuant to a Development Agreement dated April 10, 2003, by and between the Township and Bamber Valley Development, LLC, (the “Development Agreement”), properties on the Road have been billed by the Township for maintenance of the Road (such billing hereafter referred to as the “Charges”); and WHEREAS, residents and property owners on the Road residing in the City of Rochester (the “City”) have objected to paying the Charges, and the city has agreed that it will instead and on behalf of such property owners pay the charges subject to its right to cease making payments at any time in which event the Charges would once again be owed and billed to the affected properties on the Road. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Rochester, Minnesota, that the Council concurs with the joint Resolution as presented by the Township and attached by Addendum to this document and agrees that: 1. The \[Rochester\] Town\[ship\] Board shall continue to calculate the Charges in the manner and using the formula as set forth in paragraph 4 of the Development Agreement. But instead of billing the Charges to residents on the Road as set forth in the Development Agreement, the Township shall provide the calculation of those Charges to the city, which will pay the Charges within 45 days of receipt of the calculation from the township, subject to the right of the City to verify the mathematical calculations as provided. All Charges paid by the Cit ot the Township shall be credited to residents on the Road against what they would owe under the Development Agreement. The Township shall not bill any resident on the Road for Charges which have been paid by the City. 2. The City retains the right to terminate this this Resolution as well as their obligation to pay the Charges, or any one of them, at any time, by written notice to the township, similarly, the Township may terminate this Resolution at any time by written notice to the City. The City must give notice, in writing, to the Township, addressed to the /Town Clerk at the Town Hall on or before November 1 for such notice to be effective for the following calendar year. Notice given after November 1 shall not apply to the next calendar year and the City shall pay the Charges for the next calendar year, with such notice first effective as to the year after the next calendar year, in order to give the Township the opportunity to establish billing to residents on the Road during December for the next calendar year, should the City cancel. 3. The Development Agreement shall remain in full force and effect and is not terminated. The obligation of the properties on the Road to pay the charges in accordance with the Development Agreement is not canceled, forgiven, or nullified hereby. The City is merely agreeing to pay the Charges in the place of such property owners for such period of time as the City may determine, in its discretion, to do so. 4. By this Resolution, the City is not accepting responsibility for any costs or actions regarding reconstruction of the Road in the future. Until such future date as there may be an annexation or a different agreement, the Township will retain full ownership of the Road and act as the road authority for the Road. 5. This Resolution shall automatically terminate if the Road should be annexed into the City at some date in the future. PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF ROCHESTER, MINNESOTA, THIS __________ DAY OF _______________, 2024. ___________________________________ PRESIDENT OF SAID COMMON COUNCIL ATTEST: __________________________ CITY CLERK APPROVED THIS _____ DAY OF ______________________, 2024. ___________________________________ MAYOR OF SAID CITY (Seal of the City of Rochester, Minnesota) Adopted by the Rochester Town Board on January 11, 2024, Original Resolution with signatures attached as Addendum. ADDENDUM