RESOLUTION NO. BE IT RESOLVED by the Board of Commissioners of the City of Dothan, Alabama, as follows:

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1 RESOLUTION NO. BE IT RESOLVED by the Board of Commissioners of the City of Dothan, Alabama, as follows: Section 1. That, upon recommendation of the Dothan Utilities Director, Billy R. Mayes, the City of Dothan, Alabama, enters into a permit agreement with Gander Mountain, for installation and maintenance of water meters located at 5105 Montgomery Highway, Dothan, AL 36303, which said agreement follows:

2 Resolution No. Entering into a Private Development Agreement with Gander Mountain, continued. Section 2. That Mike Schmitz, Mayor of the City of Dothan and in such capacity, is hereby authorized and directed to execute the said agreement for and in the name of the City of Dothan. PASSED, ADOPTED AND APPROVED on ATIEST: City Clerk Mayor Associate Commissioner-District 1 Associate Commissioner-District 2 Associate Commissioner-District 3 Associate Commissioner-District 4 Associate Commissioner-District 5 Associate Commissioner-District 6

3 AGREEMENT BETWEEN THE CITY OF DOTHAN AND OWNER OF PRIVATE DEVELOPMENT FOR WATER DISTRIBUTION FACILITIES This agreement entered into this the day of September 2013 by and between the City of Dothan, Alabama, herein referred to as the "City" and United Properties herein referred to as the "Owner/ Developer" of Gander Mountain located at 5105 Montgomery Highway Dothan. AL WITNESSETH: This agreement allows for the placement of the City water meters that will serve the location specified above, to be installed outside of the road, street, or highway right of way that abuts the above named private development and allows the water meters to be installed on the private property of the Owner/Developer. This agreement defines the responsibility of the City and the Owner/Developer for the water facilities at a specific point(s) or location(s) that is stated in the agreement and diagramed on an attached drawing that shall be made a part of this agreement. The responsibilities of the Owner/Developer shall be defined as follows: (a) The Owner/Developer hereby agrees that the ownership, maintenance and repair of all water mains, valves, fire hydrants, service lines, meter boxes, curb stops, hand valves, backflow devices and all other water facility appurtenances (with the exception of the water meters), that are located beyond the point(s) or locations(s) of the "end of City responsibility" as noted on the attached drawing for the above named private development shall be the sole responsibility of the Owner/Developer. (b) The Owner/Developer agrees to install any and all backflow devices as directed by and deemed necessary by the City for the protection of the potable water and fire line systems in accordance with City material and installation standards, and to provide testing of each backflow device in accordance with City requirements. (c) The Owner/Developer agrees that the City's responsibility shall end and the Owner/Developer's responsibility shall begin at the master valve(s) on the 10" water main located in the street or right of way of Montgomery Highway which abuts the private property as shown on the attached drawing. (d) The Owner/Developer agrees to grant to the City the rights of ingress and egress onto the private property for the purpose of reading and maintaining said water meters by employees of the City. (e) The Owner/Developer agrees that for each building within the private development that requires multiple water meters (more than one) a metal plate or tag shall be installed by the Owner/Developer on the inside of each water meter box to identify both the building and the unit that the water meter serves to facilitate proper billing and service. The plate or tag shall be affixed to the meter box and not the meter lid and be permanently attached. (f) The Owner/Developer agrees not to tap into or extend any water line for purposes of the private development without providing prior written notification to and receiving written approval from the City. (g) The Owner/Developer agrees that any non-compliance with the terms and conditions contained herein may result in termination of water service by the City. (h) Owner/Developer hereby agrees to indemnify the City for any damages or monetary fines resulting from the Owner/Developer's failure to comply with the requirements herein. The responsibilities of the City shall be as follows: (a) The City agrees to read the water meters monthly and to bill the Owner/Developer, conditional upon said Owner/Developer maintaining a utility account "in good standings" with the City. Said billing will include applicable water service fees, sewer service fees, fire service fees, sales tax and any applicable late or reconnect fees in accordance with the City Code. (b) The City agrees to maintain, repair and when necessary, replace said water meters after installation by City employees. The City shall maintain, repair and replace the water facilities up to and including the master valve(s) that serve the private development, as shown on the attached drawing. (c) The City reserves the right to require the Owner/Developer to install a master meter at the master valve(s) for the purpose of comparing its reading with the individual meter readings, and if the reading of the master meter is greater than the total individual readings, the difference shall be paid by the Owner/Developer.

4 IN WITNESS WHEREOF, the parties hereto have signed this agreement and caused their seals to be affixed and attested as of the day and year first written above. Attest: THE CITY OF DOTHAN, ALABAMA City Clerk Notary Public ROBIN LEE MELCHER 1I)TAR'f PIJBUC MINNESOTA MY cor.t.\ission EXPIRES 01131fJ.015 By: Mike Schmitz, Mayor As authorized and directed by Resolution No. of the Board of City Commissioners. BY~~ own~ Printed Name: Keith Ulstad Company: United Properties Address: 3600 Amercian Blvd W. Suite 750 Minneapolis. MN 55431

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