6.f) Well Use AgreementWELL AGREEMENT
This Well Agreement is made and entered into by and between the City of Scandia ("Scandia") and the
Washington County Historical Society ("WCHS").
RECITALS
A. WCHS owns the Hay Lake School and Erickson Log House Museum (the "WCHS Property") at the
northwest corner of the intersection of Old Marine Trail N. and 195`" Street N.
B. Scandia owns Scandia Marine Lions Park (the "Scandia Property") on Old Marine Trail N.
immediately north of the Hay Lake School and Erickson Log House Museum.
C. WCHS operates a well (the "Well") on the WCHS Property.
D. Scandia desires to obtain water from the well on the WCHS Property for use on the Scandia
Property.
E. WCHS is willing to allow Scandia to obtain water from the well on the WCHS Property under certain
terms and conditions.
THEREFORE, for good and valuable consideration, the receipt and adequacy of which is mutually
acknowledged, the parties agree as follows:
AGREEMENT
1. Recitals. Each of the above recitals is true and correct.
2. Well Condition. In the past, WCHS has been informed, by the Minnesota Department of Health, of a
water source deficiency concerning the maintenance or operation of the Well. Within 90 days of
the date of this agreement, WCHS shall obtain, and provide to Scandia, a new MDH Sanitary Survey
Report indicating that there are no new or remaining deficiencies concerning the Well.
3. Connection. Scandia is authorized to install a water service connection and water line from the Well.
WCHS will allow Scandia reasonable access to structure to which the Well is connected for the
purpose of installing the connection. Scandia shall be responsible for the design, installation,
operation, and maintenance of the service connection and water line, including for repair to the
WCHS Property of any damage caused by the installation, operation, or maintenance of the service
connection or water line. The connection shall be external to the structure housing the Well and
shall include a blow-out feature and a gate valve. The water line shall a concealed, underground
water line.
4. Use. Scandia is authorized to draw a reasonable amount of water from the Well for use in and
around the improvements on the Scandia Property. Scandia is not authorized to draw water for
irrigation.
5. Maintenance. WCHS shall continue to be responsible for maintenance of the Well at its own cost.
[24947-33204/2566358/3]
6. Service. WCHS does not guaranty Scandia uninterrupted service or the availability of any particular
volume of water.
7. Term. This agreement shall remain in effect for a period of ten years, after which it shall
automatically renew, without the necessity of further action by the parties, for up to six successive
five-year periods (i.e., a potential maximum term of 40 years). Either party may prevent the
agreement for automatically renewing by giving written notice of the intention not to renew to the
other party at least 60 days but not more than 180 days prior to any automatic renewal date.
8. Entire Agreement; Amendment. This document sets forth the entire agreement between the
parties with respect to its subject matter. It supersedes any prior or contemporaneous
representations or agreements, written or oral, between the parties. I may not be modified or
amended except by a written agreement signed by the parties.
9. Governing Law. This agreement shall be governed by and interpreted in accordance with the laws of
the State of Minnesota.
10. Headings, Usage, Etc. The heading in this document are for convenience only and are not intended
to be part of the substance of this agreement; any perceived inconsistencies between the heading
and the text are to be governed exclusively by the text. Words in the singular include the plural,
words in the plural include the singular, and words of any gender also refer to any other gender, as
context may require. The terms "include," "includes," and "including" are not exclusive or limiting.
11. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an
original, all of which shall constitute but one and the same instrument.
12. Severability. Any provision of this agreement that is determined to be prohibited or unenforceable
shall be ineffective only to the extent of such prohibition or unenforceability without invalidating
the remaining portions of this agreement.
13. Effective Date. This agreement is effective on the date last executed by one of the signatories
below.
IT IS SO AGREED:
CITY OF SCANDIA, MINNESOTA
Dated: ,
BY: ,
Its Mayor
AND: ,
Its Clerk
[24947-33204/2566358/3]
WASHINGTON COUNTY HISTORICAL SOCIETY
Dated: ,
BY: ,
Its Executive Director