AGREEMENT BETWEEN ARNA AND WILMA TOWNSHIPS FOR THE DIVISION OF MAINTENANCE RESPONSIBILITIES FOR THE PETE ANDERSON AND LANGSTROM ROADS
This agreement is hereby entered into this November, 2005, by and between the Town Board Supervisors of Wilma Township and the Town Board Supervisors of Arna Township, Pine Co., Minnesota.
WHEREAS, Wilma Township and Arna Township share the town line roads, Pete Anderson Road (4 rods wide to full length, 2 miles), and Langstrom Road (4 rods wide to full length, ½ mile);
WHEREAS, MN Stat. 164.12 directs town boards to divide town line roads and enter into an agreement for the maintenance of these roads
NOW THEREFORE, in consideration of the mutual promises and benefits that each party shall derive herefrom, Wilma Township and Arna Township hereby enter into this agreement for the division of maintenance responsibilities for the above described town line roads.
A. General Division of Maintenance Responsibility: Each Township will be responsible for conducting routine road inspections and maintenance of the Pete Anderson and Langstrom roads during their maintenance year: Arna Township during even-numbererd years, and Wilma Township during odd-numbered years.
B. Specific Division of Maintenance Responsibities and Activities: In addition to the general division of maintenance responsibilities, the Townships agree to the following specific provision related to the division of specific maintenance responsibilities and required activities:
1. Cost for Drainage Structures: In addition to the requirements of MN Stat. 164.13 regarding bridges, the Townships agree that the cost to repair or replace culverts on any portion of the town line roads will be shared equally.
2. Tree Removal: Removing trees (as defined in MN Stat. 160.22, subdv. 7a) from the town line road right-or-way as needed to avoid interference with travel, maintenance, or safety shall be decided at the annual spring road inspection, or any cooperative inspection as needed.
3. Brushing and Mowing in Right-of-Way: Due to equipment limitations, responsibility will be decided at any annual/spring road inspection or cooperative inspection, and expenses for each road will be kept separate and itemized, and will be included in the annual shared expenses reconciliation.
4. Snowplowing: Wilma Township, until revocation of this agreement, shall be responsible for snowplowing in all years. Snowplowing expenses for each road will be kept separate and itemized, and will be included in the annual shared expenses reconciliation.
C. DIVISION OF COSTS
At the end of each fiscal year, each Township shall prepare and present to the other Township an itemized cost/billing expense report. The Township with greater expenses shall offset the total amount to be shared equally, by the expenses incurred by the Township with lesser expenses. The remaining balance shall then be divided equally and settlement payment made by March of the following year. A Township interested in an activity beyond those specified in Sections A and B that requires the sharing of costs between the Townships, or with the expectation of sharing costs, shall notify and obtain approval from the other Township before undertaking the activity. If the parties do not agree to the need, scope, or other aspects of the proposed activity, the advice of an engineer will be obtained. Any costs associated with obtaining the advice will be shared equally by the Townships.
If a disagreement arises regarding the fairness of the division of maintenance responsibilities provided in this agreement and the parties are not able to resolve the disagreement, the issue will be submitted to the county board for a determination of the proper division of responsibility as provided in MN Stat. 164.12, subdv. 6.
Any alterations, amendments, deletions and waivers of the provisions of this agreement shall be valid only when reduced to writing and duly signed by each Township.
It is understood and agreed that the entire agreement of the parties is contained herein and that this agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous line road agreements presently in effect between the parties concerning the above described roads.
IN WITNESS WHEREOF, Wilma Township has caused this agreement to be executed as of this 2nd day of November, 2005, and Arna Township has caused this agreement to be executed as of this ___day of November, 2005.
WILMA TOWNSHIP ARNA TOWNSHIP
By the Town Board of Supervisors By the Town Board of Supervisors
Town Board Chair Town Board Chair
Rebecca Neidzielski Melvin Elliot
Attest:_____________________ Attest: ____________________
Town Clerk, Paul Raymond Town Clerk, Marit Heidbreder
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