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---
## author: Susan Nache
date: D:20260702113305-05'00'
---
## Becker City Council Meeting
## B
ecker City Hall July 7, 2026
5:
00 1.Call to Order
## 2.P
ledge of Allegiance
## 3.C
hanges to Agenda
## 4.A
## pproval of City Council Agenda
5.Guests and Open Forum
(Up to 5 speakers allowed for up to 3 minutes each – no Council response or action is given to
open forum comments other than possible referral to City Staff or a City Board / Commission)
## 6.Committee Reports, Presentations and Awards
Budget & Finance Committee, Fire Board Special Meeting, Joint Planning Board, Planni
ng
## C
ommission
## 7.Board, Committee, and Consultant Reports
## A.Country Lumber One Preliminary and Final Plat – Jacob Sanders
•Resolution 26-60
•Resolution 26-61
## 8.A
dministrator and Staff Reports
A.Ordinance Repealing and Replacing the City of Becker City Code – Shannon Mortenson
•Ordinance No. 303
## 9.C
onsent Agenda
## A.Hiring Termination Report
B.Payment of the Bills
## C.Regular Council Meeting Minutes – June 16, 2026
## D.Executive Session Minutes – June 16, 2026
## E.Committee Minutes
F.MOU with City of Monticello-Resolution 26-63
## G.Donations Acceptance – Resolution 26-62
## H.Invoice #661615-McDowall Company – BCC HVAC
## I.Service Agreements with Summit Fire Protection
## 10. A
## nniversary Announcements – Mayor Kolbinger
11.Adjourn
## SCHEDULE OF MEETINGS, CANCELLATIONS, OFFICE CLOSINGS AND
## SPECIAL EVENTS
All Meetings are held at Becker City Hall unless otherwise noted.
## Becker City Hall
## 12060 Sherburne Ave SE
## Becker MN 55308
## FRIDAY, JULY 3, 2026 – CITY OFFICES CLOSED IN OBSERVANCE OF INDEPENDENCE DAY
## 5:00 PM Tuesday, July 7, 2026 City Council Meeting
6:00 PM (APPROXIMATE TIME) Tuesday, July 7, 2026 City Council Executive Session
8:30 AM Wednesday, July 8, 2026 Public Works Committee @ Public Works
## 9:00 AM Friday, July 10, 2026 Personnel Committee
## 5:30 PM Monday, July 13, 2026 EDA
## 5:00 PM Tuesday, July 14, 2026 Budget Workshop
## 7:00 AM Friday, July 17, 2026 Police Management Committee
5:00 PM Monday, July 20, 2026 Parks & Rec Commission @ BCC
5:30 PM Monday, July 20, 2026 Fire Joint Powers Board @ Fire Hall
8:00 PM Monday, July 20, 2026
## Joint City / Township Fire Board Annual
## Meeting @ Township Hall
## 5:00 PM Tuesday, July 21, 2026 City Council Meeting
6:00 PM (APPROXIMATE TIME) Tuesday, July 21, 2026 City Council Executive Session
5:00 pm Thursday, July 23, 2026 Budget & Finance Committee
## 6:00 PM Monday, July 27, 2026 Planning Commission
3:30 PM Tuesday, July 28, 2026 Golf Committee @ Pebble Creek
7:00 PM Tuesday, July 28, 2026 Joint Planning Board @ Township Hall
5:30 PM (APPROXIMATE TIME) Tuesday, August 4, 2026
## National Night Out – Council Members may
be visiting various neighborhood block
parties throughout the city
## 5:00 PM Wednesday, August 5, 2026 City Council Meeting
6:00 PM (APPROXIMATE TIME) Wednesday, August 5, 2026 City Council Executive Session
## 5:30 PM Monday, August 10, 2026 EDA
## TUESDAY, AUGUST 11, 2026 – STATE PRIMARY – POLLS OPEN 7:00 AM TO 8:00 PM
## Agenda Item Description:
## Country Lumber One Preliminary and Final Plat
## Originating Department / Preparer / Email / Phone:
Community Development / Jacob Sanders / jsanders@beckermn.gov / (763) 200-4242
## Attachments:
## Yes X No
## Attachments Included:
## 1. Exhibit A – Preliminary Plat
## 2. Exhibit B – Final Plat
3. Resolutions 26-60, 26-61
## Consent Agenda:
## Yes
## No
## X
## Introduction / Background / Justification / Key / Legal Issues:
The City of Becker received complete applications from Dave Jurek (applicant, representing Widseth)
and Shooter Fredrickson (owner of Country Lumber, Inc.) for a Preliminary Plat and Final Plat for a
subdivision to be known as Country Lumber One (see Exhibits A & B for drawings). The proposal would
subdivide the property—6.47 acres in total, including rights-of -way and outlots—into three lots. The site
is located along Bank Street SE and U.S. Highway 10 (see Figure 1.1 below). The public hearing notice for
the preliminary plat was duly published and mailed to all property owners within 350 feet of the subject
property in accordance with the requirements of the City of Becker Unified Development Ordinance.
## Figure 1.1 – Subdivision Boundary
## REQUEST FOR COUNCIL ACTION
## MEETING DATE:
July 7, 2026
## CITY COUNCIL ACTION
Approved
Denied
Amended
Tabled
## KEY ISSUES
• Title Issues - Due to the age of the underlying properties, several unique title issues have emerged.
A process for resolving these issues has been identified; however, some remaining title components
still need to be finalized. To ensure continued progress on the subdivision process—and in
accordance with the City Attorney’s recommendation—a condition has been added to the
preliminary and final plat resolutions requiring the applicant to provide evidence of clean and clear
title to the City, to the satisfaction of the City Attorney, before the City will sign the final plat.
• Outside Agency Review - Highway 10 is directly adjacent to the plat boundaries. Statute requires
that the plat be provided to MnDOT for their review and comments. Staff provided the plat to
MnDOW and received the following comment from Tom Cruikshank, Principal Planner for MnDOT
District 3: “I don’t see any issues or have any questions with the plat. Looks like a great opportunity
to redevelop the property. We would like to review any site plans for future development since they
would abut the Hwy 10 ROW. But in the meantime if you need anything else feel free to reach out.”.
A condition has been added to the resolutions requiring that any future plans submitted for
development of the property within the plat boundaries must be reviewed and approved by
MnDOT.
• Utilities and Easements- There are several large utility easements on the northwest and southeast
portions of the subdivision (see Figure 1.2 and 1.3). Large industrial utility lines that go under US
Highway 10 are within these easements, so the easements need to remain in perpetuity.
Additionally, conditions have been added to the plat resolutions requiring drainage and utility
easements be dedicated where required under the subdivision ordinance.
## Figure 1.2 – Southeastern Utility Easement
## Figure 1.3 – Northwestern Utility Easement
• Existing Buildings – Two existing storage buildings are located within the area where the proposed
lot line between Lot 1 and Lot 2 would be established (see Figure 1.4). Approval of the plat would
render both properties non-conforming because the buildings would no longer meet required
setbacks. Staff discussed this matter with the applicant, who then consulted with the property
owner. As noted on the preliminary plat, the owner will be removing the buildings. Staff spoke
directly with the owner, who indicated the building nearest Bank Street would start to be
demolished sometime at the beginning of this July with the other building to follow in August or
September of this year. To meet the city’s legal requirements, staff recommend adding the
condition below to the plat resolution.
o All existing storage buildings located across the proposed lot line between Lot 1 and Lot 2, as
shown in Figure 1.1, must be removed prior to the sale of either lot or prior to the issuance of
any building permit for either lot, whichever occurs first. The buildings may remain temporarily
only for storage of materials associated with contracts in effect as of the date of this resolution
and shall be fully removed no later than September 30, 2026.
## Figure 1.4 – Existing Building Exhibit w/proposed Property Line
Board Commission / Committee Action: At the June 29, 2026, Planning Commission meeting, a public
hearing was held on the preliminary plat application. Other than a few clarifying comments from Mr.
Fredrickson during the public hearing regarding the timing of the building removal and title issues, no
additional written or verbal comments were received. The Planning Commission recommended
approval of preliminary and final plat via the following resolutions:
• Resolution PC 26-09 — Preliminary Plat for Country Lumber One
• Resolution PC 26-10 — Final Plat for Country Lumber One
## Budgetary / Fiscal Impact:
## None
## Action(s) Requested:
1. Motion and a second approving Resolution 26-60 approving the Preliminary Plat for Country
Lumber One subject to the conditions of approval stated in the resolution text.
2. Motion and a second approving Resolution 26-61 approving the Final Plat for Country Lumber
One subject to the conditions of approval stated in the resolution text.
## Alternatives:
## 1. Do Not Adopt
## 2. Table for More Information
## Approved by: Greg Lerud Date: July 2, 2026
7
## Bank Street
## D62A
1
2
## OUTLOT A
## OUTLOT AA
## Bank Street
∆
3
## 3A
## TEL: 763-262-8822 FAX: 763-262-884413076 FIRST STREET, BECKER, MN 55308-9322
## OUTLOT AA
## OUTLOT A
## 3A
## D62A
## Sherburne County, MN
## VICINITY MAP
Sec . 6 , Twp. 33, Rng. 28 &
3
31
## SITE
6
Sec . 31 , Twp. 34, Rng. 28
## Exhibit A
Exhibit %
7
## Bank Street
1
2
## 3A
## OUTLOT A
∆
## Bank Street
3
## OUTLOT
## AA
## Sherburne County, MN
## VICINITY MAP
Sec . 6 , Twp. 33, Rng. 28 &
31
## SITE
6
Sec . 31 , Twp. 34, Rng. 28
## OUTLOT AA
## OUTLOT A
## 3A
3
## RESOLUTION 26- 60
## A RESOLUTION APPROVING THE PRELIMINARY PLAT
## FOR COUNTRY LUMBER ONE
## WHEREAS, Dave Jurek ("Applicant"), representing Widseth, and Shooter Fredrickson, owner
of Country Lumber, Inc. ("Owner"), have submitted an application to the City of Becker (“City”)
for a preliminary plat (“Plat”) for a subdivision to be known as Country Lumber One; and,
WHEREAS, the subject property (“Property”) is legally described as:
## ABSTRACT
Lots 3, 4, 5, 6, 7 and 8, all in Block 4 of OAK VIEW ESTATES, according to the
recorded plat thereof on file and of record in the office of the County Recorder in and for
Sherburne County, Minnesota; together with that part of vacated service road and that of
vacated Pine View Drive and Oak View Avenue accruing thereto.
## AND
Lot 5, Block 5, of Oak View Estates, according to the plat and survey thereof on file and
of record in the office of the County Recorder in and for Sherburne County, Minnesota;
together with those parts of vacated Pine View Drive, Service Road and River Street
accruing thereto; except that part thereof lying within Tract A of Registered Land Survey
No. 14.
## AND
That part of the Southwest Quarter of the Southeast Quarter of Section 31, Township 34,
Range 28, Sherburne County, Minnesota, lying southerly of the southerly line of OAK
VIEW ESTATES, according to the recorded plat thereof, and lying northeasterly of the
southeasterly extension of the southwesterly line of vacated Service Road in Block 4, said
OAK VIEW ESTATES; said line also being the northeasterly right-of-way line of U.S.
Highway 10 and Minnesota T.H. No. 25.
## TORRENS
That part of the Northeast Quarter of Section 6, Township 33, Range 28, Sherburne
County, Minnesota, lying southwesterly of Registered Land Survey No. 14 and that part of
vacated Riley Avenue along said Registered Land Survey No. 14 and lying northeasterly
of the northwesterly extension of the most southwesterly lines of Tract A and B of said
Registered Land Survey No. 14.
WHEREAS, the subject Property is currently zoned Mixed-Use Development (MXD) and
guided for mixed-use development under the City of Becker Comprehensive Plan; and,
WHEREAS, the Applicant has submitted all application materials in accordance with all
requirements under the City of Becker Unified Development Ordinance and Minnesota Statutes
Chapter 462; and,
WHEREAS, the Preliminary Plat of Country Lumber One proposes to subdivide multiple
parcels totaling approximately 6.47 acres, including rights-of-way and outlots, into three (3) new
lots, located along Bank Street SE and U.S. Highway 10; and,
Resolution 26 -60
Page 2
WHEREAS, the subject property is directly adjacent to U.S. Highway 10 (Minnesota T.H. No.
25), and pursuant to Minnesota Statutes § 505.03, the Plat was provided to the Minnesota
Department of Transportation (MnDOT) District 3 for review; and,
WHEREAS, MnDOT District 3 Principal Planner Tom Cruikshank has reviewed the Plat and
indicated no issues with the Plat itself, however, he indicated that MnDOT would like to review
any site plans for future development abutting the Highway 10 right-of-way; and,
WHEREAS, a public hearing was duly held on June 29, 2026 in the City Council Chambers,
Becker City Hall, 12060 Sherburne Ave, Becker, MN 55308, at which time all parties were
given the opportunity to be heard; and,
WHEREAS, notice of the time, date, place, and purpose of the aforementioned hearing was duly
given as required by statute; and,
WHEREAS, the City of Becker Planning Commission reviewed the Plat request and
recommended approval of said Plat via Resolution 26-10; and,
WHEREAS, the City of Becker City Council finds that the Plat and resulting lots, as
conditioned herein, are in accordance with established findings in Article I Zoning, Section 1.13
of the Unified Development Ordinance which findings are that the Plat:
• Is consistent with the City of Becker Comprehensive Plan. The subject property is
guided for mixed-use development under the City of Becker Comprehensive Plan. The
proposed three-lot commercial subdivision is consistent with this designation.
● Is compatible with the geographical area involved. The subject property is located along
Bank Street SE and U.S. Highway 10, an established commercial and highway corridor.
The proposed subdivision is appropriate for this geographical area.
● Is compatible with the character of the surrounding area. As conditioned, the proposed
commercial subdivision will not alter the character of the surrounding area, which is
commercial and mixed-use in nature.
● Provides adequate access to existing or proposed municipal utilities with sufficient
capacity for the intended use. The subject property will be served by municipal water,
sanitary sewer, and stormwater systems as reviewed and approved by the City Engineer.
A condition has been added requiring utilities to be provided to each of the lots at the
time they are developed.
● Will not tend to or actually depreciate the surrounding area. The proposed subdivision
facilitates redevelopment of an existing commercial site along a state highway corridor.
It is not anticipated that the subdivision will depreciate the surrounding area.
● Will not impose an undue financial burden on the City of Becker. The applicant is
responsible for all costs associated with the subdivision and any required improvements.
The City will not face undue financial burden as a result of this approval.
● Will not impair an adequate supply of light and air to adjacent property. The proposed
commercial subdivision will not impair adequate supplies of light and air to adjacent
properties.
● Will not unreasonably increase the congestion in the public right-of-way. Traffic
generated will be consistent with commercial development along U.S. Highway 10.
Accesses for the lots will be provided via Bank Street SE. Code requires that there shall
Resolution 26 -60
Page 3
be no direct access to major arterial and/or collector streets from individual lots. If a
proposed parcel of a plat is adjacent to a freeway, arterial, or collector street a
landscape buffer must be installed to block lots from the street.
● Will not increase the danger of fire or endanger the public safety. As conditioned, the
development will comply with all applicable fire and public safety requirements.
● The request is consistent with the spirit and intent of Article I. As conditioned, the
proposed subdivision meets the intent of the Unified Development Ordinance by meeting
all applicable standards and complying with land use zoning regulations.
THEREFORE, BE IT RESOLVED that the City of Becker City Council hereby adopts the
following Findings of Fact, as required by UDO Article I Zoning, Section 1.13:
● The Plat, as conditioned herein, is consistent with the construction standards, design
standards, and other requirements set forth by the City's Unified Development Ordinance.
● The physical characteristics of the site, and area surrounding the site, including but not
limited to topography, erosion, flooding potential, soil limitations, and overall suitability
for the type of development or use proposed. The site is located within an established
commercial area adjacent to U.S. Highway 10. As conditioned, the Plat will meet this
finding.
● The proposed development is consistent with the City's Comprehensive Land Use Plan.
The Future Land Use designation for this area is mixed-use. The proposed three-lot
commercial subdivision is consistent with this designation.
● The City will not face unnecessary interrupted use of public roadways, facilities, or
property for an unspecified amount of time due to development the City is not ready for.
Any interruption to roadways or facilities will be handled through proper channels
including right-of-way permits and building permits, as conditioned in this resolution.
Off site parking in accordance with the requirements of the unified development
ordinance is required for all future development proposals.
● The subdivision will not prohibit the orderly growth of the surrounding areas or the City
as a whole. The proposed subdivision facilitates the orderly redevelopment of an existing
commercial property along a United States highway corridor.
● The Plat will be developed per the construction and development standards that have
been set within the City. As conditioned, all plans are required to be reviewed and
approved by City Staff and the City Engineer to ensure that development standards are
being met prior to recording of the final plat.
● The subdivision will not create a negative fiscal or environmental impact upon the City.
The proposed subdivision will not create a negative fiscal or environmental impact upon
the City. If environmental reviews are required under statute for specific projects, those
would be completed in accordance with state regulations.
● The City will not face undue financial hardship due to the development in question. The
proposed subdivision will not create a negative fiscal impact upon the City. All
improvements to the lots must be provided by the developer / property owner.
Resolution 26 -60
Page 4
NOW THEREFORE BE IT FURTHER RESOLVED, that the City Becker City Council,
based on the findings put forth in this resolution, hereby recommends approval of the Plat
request for Country Lumber One subject to the following conditions:
1. No work shall commence on properties within the Plat until all necessary City, State, and
Federal permits and approvals are obtained.
2. All future developments within the Plat must submit civil engineering plans to the City in
a format acceptable to the City Engineer and City Staff. These plans must include, at a
minimum, parking plans, lighting plans, grading plans; soil erosion and sediment control
plans; landscaping plans; and stormwater management plans and modeling documents,
along with any additional information required by the City Engineer or City Staff. All
such plans must be reviewed and approved by the City Engineer and City Staff before
any building permits are issued or any construction activity may begin.
3. City sewer and water stubs and services must be installed and provided to each lot within
the Plat. The sewer and water service installation must be part of the scope of submitted
plans for any future building permit. All permits required to complete this work—
including, but not limited to, building permits and right-of-way permits—must be
obtained as part of the building permit process. Said permits must be approved by the
city prior to the start of any construction activity. In addition, any agreements deemed
necessary by City Staff or the City Engineer to complete the utility work must be fully
executed before construction activities may begin on any lot within the Plat.
4. To ensure safe access to and throughout the Plat, including parking and circulation, any
required improvements as requested by City Staff, including the City Engineer, must be
completed.
5. There must be no direct access to major arterial and/or collector streets from individual
lots.
6. A landscape buffer must be installed to block lots from the street. Plans for said buffer
must be submitted to and reviewed and approved by City Staff prior to issuance of a
building permit.
7. All comments and conditions of the City Engineer must be addressed to the satisfaction
of the City Engineer prior to recording of the final plat.
8. All required easements and rights-of-way shall be dedicated as shown on the preliminary
Plat.
9. The final plat must be recorded within one (1) year of the date of its approval by City
Council. If the final plat is not recorded within one (1) year of the date of its approval, a
new preliminary and final plat shall be required.
10. Any required changes as noted by City Staff and the City Engineer must be incorporated
into the Plat drawings prior to recording of the final plat at Sherburne County.
11. All required drainage and utility easements shall be maintained in perpetuity and shall be
shown on the Plat as required by City Staff and City Engineer. Drainage and utility
easements that must be dedicated include easements of 10 feet in width dedicated along
the entire perimeter of the Plat boundary. Additionally, 10-foot drainage and utility
easements, centered on each lot line, must be dedicated along all internal lot lines within
the Plat. Easements shall also be provided along each side of any watercourse to
establish a storm sewer, drainage, or floodway right-of-way. Its boundaries shall conform
substantially with the centerline alignment of such water course.
12. An additional ten (10) foot drainage and utility easement shall be granted on either side
of all rights-of-way within the boundaries of a subdivision.
Resolution 26 -60
Page 5
13. Any topsoil and vegetation disturbed or destroyed during or after any future construction
must be replaced or replanted to minimize soil erosion.
14. Silt fences, sod logs, or other erosion and control measures must be used during
development and construction.
15. During and after construction, slopes shall be protected from erosion by quick
establishment of vegetative cover, benches, terraced, mulches, or other proper protection
devices or practices. Stands of existing vegetation adequate to control erosion must be
preserved wherever possible at the discretion of the Zoning Administrator and City
Engineer.
16. Any reclamation or filling must be approved by the Zoning Administrator.
17. Due to the property’s adjacency to U.S. Highway 10 (Minnesota T.H. No. 25), all future
site plans for development of any property within the Plat boundaries that abuts the
Highway 10 right-of-way must be submitted to the Minnesota Department of
Transportation (MnDOT) for review and approval prior to the issuance of any building
permits for such development. The applicant shall provide written confirmation of
MnDOT review, and any conditions or requirements imposed by MnDOT to the City
prior to proceeding with development.
18. The applicant must provide evidence of clean and clear title of the Property to the City.
Said evidence must be provided to the satisfaction of the City Attorney, before the City
signs the final plat.
19. The City Attorney may make any necessary changes to this resolution as to form.
20. Parkland dedication will be required to be paid to the City by the developer of any lot in
the Plat at the time of building permit issuance in accordance with the Unified
Development Ordinance dedication formulas in effect at the time of permit application.
21. All existing storage buildings located across the proposed lot line between Lot 1 and Lot
2, as shown in Figure 1.1, must be removed prior to the sale of either lot or prior to the
issuance of any building permit for either lot, whichever occurs first. The buildings may
remain temporarily only for storage of materials associated with contracts in effect as of
the date of this resolution and shall be fully removed no later than September 30, 2026.
## Figure 1.1 – Existing Building Exhibit w/proposed Property Line
Resolution 26 -60
Page 6
## Mark Kolbinger __________ Rick Hendrickson __________
## Robin Dingmann __________ Mike Doering __________
## Becky Olmscheid __________
Adopted this 7
th
day of July 2026.
_____________________________
## Mayor Mark Kolbinger
## Attest:
_____________________________
## Shannon Mortenson, City Clerk
## STATE OF MINNESOTA }
## COUNTY OF SHERBURNE } SS.
The foregoing instrument was acknowledged before me this _____ day of
_______________, 2026 by _____________________________________________________.
______________________________________
Signature of person taking acknowledgement
Drafted by:
## Austin Petersen, Associate Planner
## 12060 Sherburne Ave
## Becker, MN 55308
## RESOLUTION 26- 61
## A RESOLUTION APPROVING THE FINAL PLAT
## FOR COUNTRY LUMBER ONE
## WHEREAS, Dave Jurek ("Applicant"), representing Widseth, and Shooter Fredrickson, owner
of Country Lumber, Inc. ("Owner"), have submitted an application to the City of Becker (“City”)
for a final plat (“Plat”) for a subdivision to be known as Country Lumber One; and,
WHEREAS, the subject property (“Property”) is legally described as:
## ABSTRACT
Lots 3, 4, 5, 6, 7 and 8, all in Block 4 of OAK VIEW ESTATES, according to the
recorded plat thereof on file and of record in the office of the County Recorder in and for
Sherburne County, Minnesota; together with that part of vacated service road and that of
vacated Pine View Drive and Oak View Avenue accruing thereto.
## AND
Lot 5, Block 5, of Oak View Estates, according to the plat and survey thereof on file and
of record in the office of the County Recorder in and for Sherburne County, Minnesota;
together with those parts of vacated Pine View Drive, Service Road and River Street
accruing thereto; except that part thereof lying within Tract A of Registered Land Survey
No. 14.
## AND
That part of the Southwest Quarter of the Southeast Quarter of Section 31, Township 34,
Range 28, Sherburne County, Minnesota, lying southerly of the southerly line of OAK
VIEW ESTATES, according to the recorded plat thereof, and lying northeasterly of the
southeasterly extension of the southwesterly line of vacated Service Road in Block 4, said
OAK VIEW ESTATES; said line also being the northeasterly right-of-way line of U.S.
Highway 10 and Minnesota T.H. No. 25.
## TORRENS
Resolution 26 -61
Page 2
That part of the Northeast Quarter of Section 6, Township 33, Range 28, Sherburne
County, Minnesota, lying southwesterly of Registered Land Survey No. 14 and that part of
vacated Riley Avenue along said Registered Land Survey No. 14 and lying northeasterly
of the northwesterly extension of the most southwesterly lines of Tract A and B of said
Registered Land Survey No. 14.
WHEREAS, the subject Property is currently zoned Mixed-Use Development (MXD) and
guided for mixed-use development under the City of Becker Comprehensive Plan; and,
WHEREAS, the Applicant has submitted all application materials in accordance with all
requirements under the City of Becker Unified Development Ordinance and Minnesota Statutes
Chapter 462; and,
WHEREAS, the Plat of Country Lumber One proposes to subdivide multiple parcels totaling
approximately 6.47 acres, including rights-of-way and outlots, into three (3) new lots, located
## along Bank Street SE and U.S. Highway 10; and,
WHEREAS, the subject property is directly adjacent to U.S. Highway 10 (Minnesota T.H. No.
25), and pursuant to Minnesota Statutes § 505.03, the Plat was provided to the Minnesota
Department of Transportation (MnDOT) District 3 for review; and,
WHEREAS, MnDOT District 3 Principal Planner Tom Cruikshank has reviewed the Plat and
indicated no issues with the Plat itself, however, he indicated that MnDOT would like to review
any site plans for future development abutting the Highway 10 right-of-way; and,
WHEREAS, a public hearing was duly held on the Preliminary Plat on June 29, 2026 in the City
Council Chambers, Becker City Hall, 12060 Sherburne Ave, Becker, MN 55308, at which time
all parties were given the opportunity to be heard; and,
WHEREAS, notice of the time, date, place, and purpose of the aforementioned hearing was duly
given as required by statute; and,
WHEREAS, the City of Becker Planning Commission reviewed the Plat request and
recommended approval of said Plat via Resolution 26-09; and,
WHEREAS, the City of Becker City Council finds that the Plat and resulting lots, as
conditioned herein, are in accordance with established findings in Article I Zoning, Section 1.13
of the Unified Development Ordinance which findings are that the Plat:
• Is consistent with the City of Becker Comprehensive Plan. The subject property is
guided for mixed-use development under the City of Becker Comprehensive Plan. The
proposed three-lot commercial subdivision is consistent with this designation.
● Is compatible with the geographical area involved. The subject property is located along
Bank Street SE and U.S. Highway 10, an established commercial and highway corridor.
The proposed subdivision is appropriate for this geographical area.
● Is compatible with the character of the surrounding area. As conditioned, the proposed
commercial subdivision will not alter the character of the surrounding area, which is
commercial and mixed-use in nature.
● Provides adequate access to existing or proposed municipal utilities with sufficient
capacity for the intended use. The subject property will be served by municipal water,
sanitary sewer, and stormwater systems as reviewed and approved by the City Engineer.
A condition has been added requiring utilities to be provided to each of the lots at the
time they are developed.
Resolution 26 -61
Page 3
● Will not tend to or actually depreciate the surrounding area. The proposed subdivision
facilitates redevelopment of an existing commercial site along a state highway corridor.
It is not anticipated that the subdivision will depreciate the surrounding area.
● Will not impose an undue financial burden on the City of Becker. The applicant is
responsible for all costs associated with the subdivision and any required improvements.
The City will not face undue financial burden as a result of this approval.
● Will not impair an adequate supply of light and air to adjacent property. The proposed
commercial subdivision will not impair adequate supplies of light and air to adjacent
properties.
● Will not unreasonably increase the congestion in the public right-of-way. Traffic
generated will be consistent with commercial development along U.S. Highway 10.
Accesses for the lots will be provided via Bank Street SE. Code requires that there shall
be no direct access to major arterial and/or collector streets from individual lots. If a
proposed parcel of a plat is adjacent to a freeway, arterial, or collector street a
landscape buffer must be installed to block lots from the street.
● Will not increase the danger of fire or endanger the public safety. As conditioned, the
development will comply with all applicable fire and public safety requirements.
● The request is consistent with the spirit and intent of Article I. As conditioned, the
proposed subdivision meets the intent of the Unified Development Ordinance by meeting
all applicable standards and complying with land use zoning regulations.
THEREFORE, BE IT RESOLVED that the City of Becker City Council hereby adopts the
following Findings of Fact, as required by UDO Article I Zoning, Section 1.13:
● The Plat, as conditioned herein, is consistent with the construction standards, design
standards, and other requirements set forth by the City's Unified Development Ordinance.
● The physical characteristics of the site, and area surrounding the site, including but not
limited to topography, erosion, flooding potential, soil limitations, and overall suitability
for the type of development or use proposed. The site is located within an established
commercial area adjacent to U.S. Highway 10. As conditioned, the Plat will meet this
finding.
● The proposed development is consistent with the City's Comprehensive Land Use Plan.
The Future Land Use designation for this area is mixed-use. The proposed three-lot
commercial subdivision is consistent with this designation.
● The City will not face unnecessary interrupted use of public roadways, facilities, or
property for an unspecified amount of time due to development the City is not ready for.
Any interruption to roadways or facilities will be handled through proper channels
including right-of-way permits and building permits, as conditioned in this resolution.
Off site parking in accordance with the requirements of the unified development
ordinance is required for all future development proposals.
● The subdivision will not prohibit the orderly growth of the surrounding areas or the City
as a whole. The proposed subdivision facilitates the orderly redevelopment of an existing
commercial property along a United States highway corridor.
● The Plat will be developed per the construction and development standards that have
been set within the City. As conditioned, all plans are required to be reviewed and
Resolution 26 -61
Page 4
approved by City Staff and the City Engineer to ensure that development standards are
being met prior to recording of the Plat.
● The subdivision will not create a negative fiscal or environmental impact upon the City.
The proposed subdivision will not create a negative fiscal or environmental impact upon
the City. If environmental reviews are required under statute for specific projects, those
would be completed in accordance with state regulations.
● The City will not face undue financial hardship due to the development in question. The
proposed subdivision will not create a negative fiscal impact upon the City. All
improvements to the lots must be provided by the developer / property owner.
NOW THEREFORE BE IT FURTHER RESOLVED, that the City of Becker City Council,
based on the findings put forth in this resolution, hereby recommends approval of the Plat
request for Country Lumber One subject to the following conditions:
1. No work shall commence on properties within the Plat until all necessary City, State, and
Federal permits and approvals are obtained.
2. All future developments within the Plat must submit civil engineering plans to the City in
a format acceptable to the City Engineer and City Staff. These plans must include, at a
minimum, parking plans, lighting plans, grading plans; soil erosion and sediment control
plans; landscaping plans; and stormwater management plans and modeling documents,
along with any additional information required by the City Engineer or City Staff. All
such plans must be reviewed and approved by the City Engineer and City Staff before
any building permits are issued or any construction activity may begin.
3. City sewer and water stubs and services must be installed and provided to each lot within
the Plat. The sewer and water installation must be part of the scope of submitted plans
for any future building permit. All permits required to complete this work—including,
but not limited to, building permits and right-of-way permits—must be obtained as part
of the building permit process. Said permits must be approved by the city prior to the
start of any construction activity. In addition, any agreements deemed necessary by City
Staff or the City Engineer to complete the utility work must be fully executed before
construction activities may begin on any lot within the Plat.
4. To ensure safe access to and throughout the Plat, including parking and circulation, any
required improvements as requested by City Staff, including the City Engineer, must be
completed.
5. There must be no direct access to major arterial and/or collector streets from individual
lots.
6. A landscape buffer must be installed to block lots from the street. Plans for said buffer
must be submitted to and reviewed and approved by City Staff prior to issuance of a
building permit.
7. All comments and conditions of the City Engineer must be addressed to the satisfaction
of the City Engineer prior to recording of the Plat.
8. All required easements and rights-of-way shall be dedicated as shown on the Plat.
9. The Plat must be recorded within one (1) year of the date of its approval by City Council.
If the Plat is not recorded within one (1) year of the date of its approval, a new
preliminary and final plat shall be required.
10. Any required changes as noted by City Staff and the City Engineer must be incorporated
into the Plat drawings prior to recording of the Plat at Sherburne County.
Resolution 26 -61
Page 5
11. All required drainage and utility easements shall be maintained in perpetuity and shall be
shown on the Plat as required by City Staff and City Engineer. Drainage and utility
easements that must be dedicated include easements of 10 feet in width dedicated along
the entire perimeter of the Plat boundary. Additionally, 10-foot drainage and utility
easements, centered on each lot line, must be dedicated along all internal lot lines within
the Plat. Easements shall also be provided along each side of any watercourse to
establish a storm sewer, drainage, or floodway right-of-way. Its boundaries shall conform
substantially with the centerline alignment of such water course.
12. An additional ten (10) foot drainage and utility easement shall be granted on either side
of all rights-of-way within the boundaries of a subdivision.
13. Any topsoil and vegetation disturbed or destroyed during or after any future construction
must be replaced or replanted to minimize soil erosion.
14. Silt fences, sod logs, or other erosion and control measures must be used during
development and construction.
15. During and after construction, slopes shall be protected from erosion by quick
establishment of vegetative cover, benches, terraced, mulches, or other proper protection
devices or practices. Stands of existing vegetation adequate to control erosion must be
preserved wherever possible at the discretion of the Zoning Administrator and City
Engineer.
16. Any reclamation or filling must be approved by the Zoning Administrator.
17. Due to the property’s adjacency to U.S. Highway 10 (Minnesota T.H. No. 25), all future
site plans for development of any property within the Plat boundaries that abuts the
Highway 10 right-of-way must be submitted to the Minnesota Department of
Transportation (MnDOT) for review and approval prior to the issuance of any building
permits for such development. The applicant shall provide written confirmation of
MnDOT review, and any conditions or requirements imposed by MnDOT to the City
prior to proceeding with development.
18. The applicant must provide evidence of clean and clear title of the Property to the City.
Said evidence must be provided to the satisfaction of the City Attorney, before the City
signs the Plat.
19. The City Attorney may make any necessary changes to this resolution as to form.
20. Parkland dedication will be required to be paid to the City by the developer of any lot in
the Plat at the time of building permit issuance in accordance with the Unified
Development Ordinance dedication formulas in effect at the time of permit application.
21. All existing storage buildings located across the proposed lot line between Lot 1 and Lot
2, as shown in Figure 1.1, must be removed prior to the sale of either lot or prior to the
issuance of any building permit for either lot, whichever occurs first. The buildings may
remain temporarily only for storage of materials associated with contracts in effect as of
the date of this resolution and shall be fully removed no later than September 30, 2026.
Resolution 26 -61
Page 6
## Figure 1.1 – Existing Building Exhibit w/proposed Property Line
## Mark Kolbinger __________ Rick Hendrickson __________
## Robin Dingmann __________ Mike Doering __________
## Becky Olmscheid __________
Adopted this 7
th
day of July 2026.
_____________________________
## Mayor Mark Kolbinger
## Attest:
_____________________________
## Shannon Mortenson, City Clerk
Resolution 26 -61
Page 7
## STATE OF MINNESOTA }
## COUNTY OF SHERBURNE } SS.
The foregoing instrument was acknowledged before me this _____ day of
_______________, 2026 by _____________________________________________________.
______________________________________
Signature of person taking acknowledgement
Drafted by:
## Austin Petersen, Associate Planner
## 12060 Sherburne Ave
## Becker, MN 55308
## Agenda Item Description:
## Ordinance Repealing and Replacing City of Becker City Code
## Originating Department / Preparer / Email / Phone:
Administration / Shannon Mortenson / smortenson@ci.becker.mn.us / 763-200-4247
## Attachments:
## Yes X No
## Attachments Included:
1. Ordinance 303
## Consent Agenda: Yes No X
## Introduction / Background / Justification / Key / Legal Issues:
At the June 3, 2025 City Council meeting, approval was given to hire American Legal Publishing to codify
the city code. Since cities are continually passing ordinances to serve and protect citizens, ordinances
can become outdated or conflict with State statutes. The recodification included incorporating updated
language, updating the index and tables, eliminating redundant or conflicting code language, and
reformatting the pages. The review uncovered inconsistencies between sections in the code and state
statutes and provided direction/options for updating. Staff and the city attorney reviewed various
sections and provided input as needed.
The new code will be implemented upon publication of the ordinance enacting the code. The code is
available online and will be updated annually by American Legal Publishing to include any ordinances
passed in the previous year. The code can be viewed online at
https://codelibrary.amlegal.com/codes/beckermn/latest/overview. Upon passage of this Ordinance, a
link to the new code will be put up on the city’s website.
## Board Commission / Committee Action:
## None
## Budgetary / Fiscal Impact:
Codification of the ordinances was budgeted in the amount of $12,000 in the 2025 Capital Improvement
Plan. The total paid amount paid is $11,533.11.
## Action(s) Requested:
1. Motion and a second to adopt Ordinance 303 repealing and replacing City of Becker City Code.
## Alternatives:
## 1. Do Not Adopt
## 2. Table for More Information
## Reviewed by: Greg Lerud Date: June 29, 2026
## REQUEST FOR COUNCIL ACTION
## MEETING DATE:
July 7, 2026
## CITY COUNCIL ACTION
Approved
Denied
Amended
Tabled
## CITY OF BECKER
## COUNTY OF SHERBURNE
## STATE OF MINNESOTA
## ORDINANCE NO. 303
## AN ORDINANCE REPEALING AND REPLACING THE CITY OF BECKER CITY CODE
The City Council of the City of Becker, Minnesota, ordains as follows:
## SECTION 1. REPEAL.
The existing City Code of the City of Becker, Minnesota, is hereby repealed in its entirety,
except that such repeal shall not affect:
A. Any right, liability, obligation, or proceeding previously accrued or incurred;
B. Any offense committed or penalty incurred prior to the effective date of this
ordinance;
C. Any ordinance relating to annexation, detachment, franchises, easements,
assessments, bonding, taxation, appropriations, contracts, real property transactions, or
other matters of a special or temporary nature; or
D. Any ordinance or resolution not incorporated into the City Code.
## SECTION 2. REPLACEMENT AND ADOPTION OF CODE.
The recodified City Code of the City of Becker, as prepared and filed with the City Clerk, is
hereby adopted and shall constitute the official City Code of the City of Becker.
The City Clerk shall maintain a copy of the adopted City Code for public inspection and
shall make the Code available in the manner required by law.
## SECTION 3. SUMMARY PUBLICATION.
Pursuant to Minn. Stat. § 412.191, subdivision 4, because of the length of this ordinance,
the City Council approves publication of the following summary in lieu of publication of the
entire ordinance:
## SUMMARY OF ORDINANCE NO. 303
The City Council has adopted a new City Code that repeals and replaces the City's existing
code of ordinances. The new Code reorganizes, renumbers, updates, and compiles the
City's ordinances into a single document for ease of administration and public use. The
recodification updates statutory references, eliminates obsolete and duplicative
provisions, standardizes formatting and terminology, and incorporates ordinances adopted
since the previous codification.
The new Code reorganizes and updates the City's ordinances into a single document and
includes both administrative and substantive revisions. The Code contains the following
sections:
## TITLE I: GENERAL PROVISIONS
## TITLE Ill: ADMINISTRATION
## TITLE V: PUBLIC WORKS
## TITLE VII: TRAFFIC CODE
## TITLE IX: GENERAL REGULATIONS
## TITLE XI: BUSINESS REGULATIONS
## TITLE XIII: GENERAL OFFENSES
## TITLE XV: LAND USAGE
A printed copy of the complete City Code is available for public inspection at City Hall
during regular business hours and may be obtained or reviewed as permitted by law.
## SECTION 4. EFFECTIVE DATE.
This ordinance shall become effective upon its passage and publication according to law.
The recodified City Code adopted by this ordinance shall become effective on August 1,
2026.
Adopted by the City Council of the City of Becker, Minnesota, on this 7th day of July, 2026.
## CITY OF BECKER
________________________________
## Mark Kolbinger, Mayor
## ATTEST:
__________________________________
## Shannon Mortenson, City Clerk
## Consent Agenda: July 7, 2026-Revised
All items listed under the consent agenda are considered to be routine by the City Council and
will be enacted by one motion and one vote by a majority of the members present. There will be
no separate discussion of these items unless a City Council member so requests. Any Consent
Agenda item may be removed from the Consent Agenda and considered a separate subject of
discussion by the City Council.
## A.H
iring and Termination Report-Revised
B.Authorize the Tuesday, July 7, 2026, payment of claims as presented. The claims listing
has been provided to City Council as a separate document and is available for public
view at City Hall upon request. Total claims: $476,865.84.
## C.Council Meeting Minutes from June 16, 2026
## D.Executive Meeting Minutes from June 16, 2026
## E.Committee Minutes
F.MOU with City of Monticello – Resolution 26-63
## G.Donations Acceptance – Resolution 26-62
## H.Invoice #661615 – McDowall Company – BCC HVAC
## I.Service Agreements with Summit Fire Protection
## CITY OF BECKER
## PERSONNEL HIRING/TERMINATION REPORT
## FIRST NAMELAST NAMEDEPARTMENTJOB TITLESTART DATESTATUS
## Dalton
## H.
## Golf F & BDishwasher7/8/2026PT
## FIRST NAMELAST NAMEDEPARTMENTJOB TITLESTART DATESTATUS
## Katrina A.BCC
## Program Coordinator
## 7/17/2026PT
## Madelyn
## A.
## BCC
## AZ Assistant6/16/2026
## PT
## Brinkley S.BCC
## AZ Assistant
## 6/29/2026PT
## ShannonJ.BCCCustodial6/20/2026PT
## AshlynF.BCCAZ Lead
## 7/6/2026PT
## KennedyR.BCCLifeguard6/23/2026PT
## LucyM.BCCLifeguard6/23/2026PT
## THE FOLLOWING PEOPLE NEED CITY COUNCIL APPROVAL TO BE HIRED
## THE FOLLOWING PEOPLE HAVE TERMINATED EMPLOYMENT
## PLEASE NOTE THESE MINUTES ARE IN DRAFT FORM AND ARE NOT TO BE PUBLISHED IN ANY MANNER UNTIL
## THE CITY COUNCIL HAS REVIEWED AND APPROVED THEM FOR PUBLICATION
## City of Becker City Council Meeting
June 16, 2026
Page 1 of 2
## City of Becker
## City Council Regular Meeting of June 16, 2026
The Becker City Council met in regular session at 5:00 p.m. on Tuesday, June 16 , 2026, at 12060
Sherburne Avenue, Becker. Present-Councilmembers: Mayor Mark Kolbinger, Robin Dingmann, Rick
Hendrickson, Mike Doering. Absent: Becky Olmscheid. Guests were in attendance.
1. Mayor Kolbinger called the meeting to order at 5:00 p.m.
2. The Pledge of Allegiance was recited.
3. Changes to agenda: The Consent Agenda has been revised.
4. Motion by Dingmann, second by Hendrickson to approve the agenda for June 16,
2026, as revised. All in favor, motion carried.
5. Guests and Open Forum: Jean Johnson from Farm Friends Barn approached the podium to
provide information on the cardboard recycling now available at Sherburne History Center. This
program is on a trial basis. The program is scheduled to continue until January 2027. It is
supported by the county and the bins are provided by Vonco. There have been a few users that
have abused the bins and they are being fined. Johnson requested community support for the
proper use of the bins so the program can continue past the trial period. She thanked the
council for their support of programming at Farm Friends Barn and the fencing that was
donated.
## 6. Committee Reports, Presentation, Awards
The EDA met June 8. There was a proposed land swap for some city owned land but there was
no interest in the swap. There are 24 homes available for sale; 12 have sold in the last 30 days.
## The
Public Works Committee met to discuss the possible road closure. Phil Knutson will work
with the township. The recycling day numbers were down so less hours maybe considered in
the future. Curbside pickup was discussed as an option but not seriously considered. The
## Parks
## & Rec Commission
met last night. They met at Sand Hill Park to review different options for
equipment and layout of the new park. The
Fire Board met last night. The audit needs to be
approved by the end of the month and was not finished for this meeting. A meeting will be held
next Monday for audit approval. The proposed budget was reviewed for approval in July. There
were a couple of questions that need to be answered regarding the budget. The grass rig was
delivered.
## 7. Board, Committee and Consultant Reports
A. Approving a Supplemental Letter Agreement with SEH for Edgewood Street &
Trail Improvement Project-Construction Services – with the bid award last
meeting and construction targeted for July 6, this agreement would be for SEH to
provide supervision onsite during the construction phase. Phil Knutson explained the
amount is not to exceed $218,900 and is an eligible MSA reimbursement. Motion by
Doering, second by Hendrickson to adopt Resolution 26-56 approving a
## Supplemental Letter Agreement with SEH for Edgewood Street and Trail
Improvement Project – Construction Services. All in favor, motion carried.
## PLEASE NOTE THESE MINUTES ARE IN DRAFT FORM AND ARE NOT TO BE PUBLISHED IN ANY MANNER UNTIL
## THE CITY COUNCIL HAS REVIEWED AND APPROVED THEM FOR PUBLICATION
## City of Becker City Council Meeting
June 16, 2026
Page 2 of 2
B. Approving Third Street Stop Sign Changes – Phil Knutson explained why a traffic
study was completed for Third Street from Hancock Avenue to Edgewood Street. The
school had requested a study due to heavy traffic. The traffic counts were very similar at
each intersection but the Bradley Blvd intersection had five accidents in the past 10
years. The recommendation is to move the four-way stop signs from Brenda Blvd to
Bradley Blvd based on the outcome of the traffic study. This has went through the Public
Works Committee and review with the Becker Police Department. Motion by Doering,
second by Dingmann to adopt Resolution 26-57 approving traffic control
changes on Third Street. All in favor, motion carried.
## 8. Administrator and Staff Reports
A. Early Warning Sirens – There is a system of warning sirens throughout Sherburne
County that were installed and maintained by Xcel Energy. They are decommissioning
the warning system and installing a new system. The county is removing any sirens that
will not be maintained by a local government entity. With the maintenance costs and
age of the sirens, staff recommendation is to have Sherburne County remove the sirens
in the city of Becker. Motion by Doering, second by Hendrickson to notify the
county that the city does not wish to take ownership of the sirens in Becker
and to have them removed at the same time as the other sirens are being
removed throughout the County. All in favor, motion carried.
9. Consent Agenda: Greg Lerud presented the following revised consent agenda:
a. Hiring Termination Report - revised
b. Payment of the Bills - Authorize the Tuesday, June 16, 2026 payment of claims as
presented. The claims listing has been provided to the city council as a separate
document and is available upon request for public view at city hall. The total claims are
$482,914.98.
c. Authorize Electronic Transactions-Authorize the April 30, 2026 journal transactions. The
Journal has been provided by the City Council as a separate document and is available for
public view at City Hall upon request.
## d. Minutes – June 2, 2026 City Council Meeting
## e. Committee Minutes – Summary of City Administrator Performance Review
## f. 2026 Liquor License Renewals
## g. New Cannabis Microbusiness License Registration
## h. Insurance Agent Services
## i. Donation Acceptance
o Resolution 26-58
## j. Goose Management Agreement with USDA
o Resolution 26-59
Motion by Dingmann, second by Doering to approve the revised consent agenda as
presented and adopt the resolutions, therein. All in favor, motion carried.
The Mayor thanked everyone who volunteered for Freedom Days.
10. Motion by Hendrickson, second by Doering to adjourn the meeting at 5:32 p.m. All in
favor, motion carried.
___________________________________
## Shannon Mortenson, City Clerk
## PLEASE NOTE THESE MINUTES ARE IN DRAFT FORM AND ARE NOT TO BE PUBLISHED IN ANY MANNER
## UNTIL THE CITY COUNCIL HAS REVIEWED AND APPROVED THEM FOR PUBLICATION
## Executive Session Minutes
June 16, 2026
Page 1 of 1
Executive Session June 1 6, 2026
Attendance: Mayor Mark Kolbinger, Councilmembers Rick Hendrickson, Robin Dingmann Mike
Doering. City Administrator Greg Lerud, Public Services Director Phil Knutson, Community
## Development Director Jacob Sanders, Finance Director Mark Ebensteiner, Financial Analyst
Lorrie Franz, City Clerk Shannon Mortenson, Deputy Clerk Susan Nache, and SEH engineers -
Randy Sabart, Bryce Johnson and Chris Larson.
The Executive Session was called to order at 5:36 p.m.
Phil Knutson opened the discussion on the need for a water treatment plant. The city has been
searching for additional water sources for 20 years. The city has been growing at a steady rate,
and water usage continues to increase with lawn irrigation and new homes. It was estimated
that over $500,000 has been spent trying to find more water that does not need treatment.
There are high iron and manganese levels or high nitrates in all the test sites. Everyone who
has worked on this issue for years is comfortable saying all options are exhausted; the need for
a water treatment plant is evident. The question was posed if the city does not grow anymore is
there a need for a treatment plant. The response was yes, there would still be a need for more
water or treated water. It was noted that Pebble Creek Golf Course and Becker Community
Center property have separate pumps for their irrigation - the water does not come from the
city supply. The site for the treatment plant is anticipated to be near wells 7 and 8, but
additional sites between those wells and the east edge of the city will be examined. The design
phase of the plant will cost approximately $1,000,000. The funds would come from the PFAS
settlement of approximately $500,000 and reserves in the water fund. The design work would
be completed by March 2027; the project would be able to go out for bid thereafter. The
project cost of a treatment plant and ground storage is estimated at $20 million. The
engineering firm has submitted the project to Minnesota Public Facilities Authority (PFA) for
consideration on the “Project Priority List” and potential funding. A bonding request was
submitted last session for the design phase and that could be considered in the next legislative
session. The finance department will work on developing the financing package for the
treatment plant. There was discussion regarding “is iron and manganese treatment the best
solution or should nitrates be considered”. Chris Larson from SEH explained it is easier to add
nitrate treatment to an iron/manganese treatment than vice versa and would cost less. It was
concluded that an RCA would be brought forward at one of the July regular council meetings to
begin the design phase of a water treatment plant. Also noted that Big Lake and Monticello are
building water treatment plants. Clear Lake has had one for a number of years.
Round Table – there were really nice compliments on Pebble Creek Golf Course during the State
tournament.
The executive session finished at 6:05 p.m.
___________________________________
## Shannon Mortenson, City Clerk
## 1. Fire Board Meeting Minutes 05/18/2026
## 2. Budget & Finance Committee Meeting Minutes 05/21/2026
## Committee Meeting
## Minutes
## City of Becker
## Budget & Finance Meeting
Minutes of May 21, 2026
The Budget & Finance Committee held a meeting starting at 5:00 pm on May 21, 2026. The meeting was completed electronically
via Teams. Members Rick Hendrickson, Robin Dingmann, Greg Lerud, Mark Ebensteiner and Lorrie Franz were in attendance.
The minutes from April 23, 2026, meeting were reviewed and approved.
Discussion items included:
## 2027 Budget Assumptions
- The group discussed the 2027 budget and some of the initial projections. The primary focus was on wages and benefits.
A peer group was presented of comparable cities and their planned COLA changes. The consensus of the group was to
start at a 3.0% budget wage increase for nonunion employees. The public works union has a planned increase of 3.0%
and the Police Union is yet to be negotiated. For benefits, it was discussed to budget a 15% increase for health
insurance, as that is our current rate cap, and 4% for other benefit costs. General discussion followed around MN paid
leave and interest earnings.
- Water and domestic sewer rates were discussed. The 2025-2027 rate study is still valid and will be the initial
assumptions for the budget cycle. These assumptions may be adjusted depending on the findings of a potential water
treatment plant.
- Industrial sewer budgeting will be completed with the same basic assumptions as other budgets. Staff will continue to
collaborate with LPI staff on specific plans.
April 2026 financials were examined. Financials are tracking within budget and expectations. April General Fund revenues are at
5.7% of budget and expenditures are at 28%, 33% through the year. Some departmental expenditures are trending ahead as annual
dues and fees have been paid in the first quarter.
The EDA fund expenditures are at 26%. Revenues are at 5%. With the Rockefeller Grant wrapped up in 2025, activity within the fund
continues to now be more consistent.
Water and Sewer utility funds were discussed and are tracking within expectations through the beginning four months. For the
Water fund revenues and expenses are approx. 67%/26%, respectively of budget. A portion of the PFAS settlement, $423k, was
received in March/April, resulting in the revenue budget variance. The PFAS settlement is now separated onto a separate line for
analytics.
The Domestic Wastewater fund revenues and expenses are approx. 28%/29%, respectively, of budget, and Industrial Wastewater
revenues and expenses are approx. 32%/30%, respectively.
Golf operations were discussed with revenues at 29% and total expenditure at 27%, four months into the year. Golf is reporting $49k
of net income. The group also discussed the golf forecast. Golf operations is currently projected to return $107k more income than
initially projected and food and beverage is projected to return $38k less than initial projections. As the forecast is revised, we will
continue to monitor overall results.
The past due utility balance greater than 60 days old was $28,900. The group also discussed the upcoming water shut-off schedule.
89 properties were mailed a notice totaling $24,492. Payments are due 6/12 with the shutoff scheduled for 6/17.
Meeting ended at 5:49pm
Next meetings scheduled:
June 18
th
, 2026
July 23
rd
, 2026
## 11003, REQUEST FOR COUNCIL ACTION FORM
## Agenda Item Description: MOU with City of Monticello
## Originating Department / Preparer / Email / Phone:
## Recreation & Leisure Services /Brandii Thomas/bthomas@ci.becker.mn.us/763-400-4721
## Attachments:
## Yes x No
## Attachments Included:
• Memorandum of Understanding with City of Monticello
• Resolution 26-63
## Consent Agenda: Yes X No
## Board Commission / Committee Action:
The City of Becker and the City of Monticello each operate community centers with aquatic facilities.
When either facility experiences a planned or unplanned aquatics closure due to maintenance,
construction, or other emergencies, members temporarily lose access to aquatic amenities.
To minimize service disruptions, the cities agree to provide reciprocal access to their aquatic
facilities during qualifying closures. Members of the affected facility may use the other
community center's aquatics area, subject to facility policies, hours, capacity, and safety
regulations.
This agreement has been successfully utilized in the past and is renewed as needed. It is
anticipated to be used during the Becker Community Center's planned aquatics closure in
August–September 2026.
## Action(s) Requested:
Adopt resolution 26-63 allowing the City of Becker to enter into an agreement with the City of Monticello
to share Community Center Access during facility closures.
## Alternatives:
## 1. Do Not Adopt
## 2. Table for More Information
## Reviewed by: Josh Kuha Date: July 2, 2026
## REQUEST FOR COUNCIL ACTION
## MEETING DATE:
07/07/26
## CITY COUNCIL ACTION
Approved
Denied
Amended
Tabled
City of Becker City of Monticello
## Becker Community Center Monticello Community Center
11500 Sherburne Avenue 505 Walnut St., Suite 4
Becker, MN 55308 Monticello, MN 55362
## SUBJECT: Letter of Understanding Regarding Usage of Recreational Facilities
This correspondence will serve as a letter of understanding between the City of Monticello –
Monticello Community Center and the City of Becker – Becker Community Center for the
reciprocal usage of recreational facilities (fitness areas) during closures. This understanding will
be in effect August 2026 through September 2026 and may be renewed annually by mutual
consent.
Periodically, the cities of Monticello and Becker close use of some recreational amenities to the
general public. These closures may be planned in advance for preventive maintenance or a
capital improvement project, or an unplanned closure due to an emergency such as a
mechanical failure. In event of a closure, the other city’s facility will be made available for use
at no charge to current/active community center members. Planned closures do not include
seasonal schedule changes such as abbreviated summer hours.
The following situations are approved for reciprocal recreational amenity usage:
• Planned – Facility (or portion of the facility) is closed for scheduled maintenance,
capital project, or large event.
o Scheduled events will be set and advertised prior to the closure and
communicated between both parties.
o Current/active community center members may use the other facility for
free with their scan card during the days and times of these advertised
closures.
o Members will be notified before the scheduled closure that they may use the
other city’s facility at no charge.
• Unplanned – Facility is closed for an emergency.
o Upon an emergency closure, the City that is closing will notify the Director at
the other City as soon as practicable.
o If it is determined that the non-closed facility has the capacity to
accommodate the potential additional users, then the following action will
be taken:
Community center members may use the other facility for free with
their scan card during the days of these closures.
Community center members will be notified that they may use the
other city’s facility at no charge.
During the time of reciprocity, the following expectations and criteria must be met:
• Community center members must have their current membership card to enter the
facility.
• Community center members from the community with the facility closure must sign in
at the front desk upon arrival. Each location will have a sign-in sheet to record the name
and membership number of each person to track participation for future evaluation
purposes.
• Community center members may only use the facility during scheduled hours on
approved dates.
• Community center members must follow all facility rules and policies.
The undersigned approve this letter of understanding.
## CITY OF BECKER CITY OF MONTICELLO
_____________________________ _____________________________
## City Administrator City Administrator
______________________________ ______________________________
## Date Date
## RESOLUTION 26-63
## A RESOLUTION ALLOWING THE CITY OF BECKER TO ENTER INTO AN AGREEMENT WITH THE CITY OF
## MONTICELLO TO SHARE COMMUNITY CENTER ACCESS DURING FACILITY CLOSURES.
WHEREAS, The City of Becker owns and operates the Becker Community Center
WHEREAS, The City of Monticello owns and operates the Monticello Community Center, nearby.
WHEREAS, Both of these facilities have aquatics facilities.
WHEREAS, when either of these facilities has planned or unplanned shut downs, it displaces
membership access to the aquatics spaces.
WHEREAS, The Becker Community Center aquatics space will be closed for Aug-Sept 2026 for planned
improvements.
WHEREAS, The City of Becker & The City of Monticello staff have created an agreement allowing
reciprocal access for members of each facility in the event of a shut down
NOW THEREFORE BE IT RESOLVED that the Becker City Council hereby authorizes Becker City Staff to
enter into an agreement with The City of Monticello to share community center access in the event of a
facility closure.
## Mark Kolbinger
_____ Rick Hendrickson ______
## Robin Dingmann
_____ Mike Doering _____
## Becky Olmscheid
_____
Adopted this 7TH day of July 2026.
______________________________
## Mayor Mark Kolbinger
## Attest:
_____________________________________
## Shannon Mortenson, City Clerk
Page 2
Resolution 26-63
Drafted by:
## Brandii Thomas
## Recreation and Leisure Services Manager
## 12060 Sherburne Ave
## Becker, MN 55308
## STATE OF MINNESOTA }
## COUNTY OF SHERBURNE } SS.
The foregoing instrument was acknowledged before me this ____ day of
______________, 2026 by _________________________________________.
_______________________________________
Signature of person taking acknowledgement
## RESOLUTION 26-62
## A RESOLUTION ACCEPTING DONATIONS
WHEREAS, the City of Becker is generally authorized to accept donations of real and personal
property pursuant to Minnesota Statutes Section 465.03 for the benefit of its citizens; and
WHEREAS, the following entities have offered to contribute cash, goods, and / or services in
the amounts indicated for the purpose set forth below to the city:
## Name of Donor Donation Value Purpose
## MN Trail Rider
## Association
## Monetary $ 1,123.82 Horse Trails
## Becker Youth
## Baseball Association
## Monetary $ 22,238.59 Jr. Ballfield Dugouts
WHEREAS, the City Council finds that it is appropriate to accept the donations offered.
NOW THEREFORE BE IT RESOLVED the City Council of the City of Becker
acknowledges and accepts the donations received.
BE IT FURTHER RESOLVED THAT the City Council of the City of Becker gives its thanks
and appreciation for the donations to the Donors listed.
## Mark Kolbinger _______ Rick Hendrickson _______
## Robin Dingmann _______ Mike Doering _______
## Becky Olmscheid _______
Adopted this 7
th
day of July 2026.
_____________________________
## Mark Kolbinger, Mayor
## Attest:
_____________________________
## Shannon Mortenson, City Clerk
Resolution 26-62
Page 2
## STATE OF MINNESOTA }
## COUNTY OF SHERBURNE } SS.
The foregoing instrument was acknowledged before me this ____ day of ______________, 2026
by ____________________________________________________________.
_______________________________________
Signature of person taking acknowledgement
Drafted by:
## Susan Nache
## Deputy Clerk
## 12060 Sherburne Ave
## Becker, MN 55308
## McDOWALL COMPANY - SERVICE DIVISION
## 1431 PROSPER DRIVE
## PO BOX 606
## WAITE PARK, MN 56387
## Full Payment Due:
## Customer:
## Invoice Date:
Invoice #:
## Base Price:
## Tax:
## Total Due:
10,343.50
0.00
10,343.50
661615
06/26/2026
53
07/26/2026
## CITY OF BECKER
## 12060 SHERBURNE AVE
## PO BOX 250
## BECKER, MN 55308
## BECKER COMMUNITY CENTER
## 11500 SHERBURNE AVE
## BECKER, MN 55308
Services performed at:
## Customer PO:
## Agreement:
## Service Site:53-009
Project Billing: Invoice for work performed at the location listed above.
## P3759
--
## FINAL BILLING
## Contract Price: $206,870.00
## Previously Billed: $196,526.50
Current Billing: $10,343.50 (RETAINAGE)
## Proposal for Library Area AHU and ACCU Replacement
## Prepared by McDowall Company
McDowall Company proposes the replacement of the existing air handling unit (AHU) and air conditioning unit (ACCU)
system that serves the Library Area. The scope of work is outlined below:
## Scope of Work
## Demolition:
• Reclaim old refrigerant from the ACCU system.
• Remove and dispose of the existing AHU and ACCU.
• Remove ductwork, AC piping, dampers, and hot water piping no longer needed for the new system.
## Installation:
## • Air Handling Unit:
• Provide and install a new custom-manufactured AHU designed to fit the existing location (requires
disassembly/reassembly for access through a 35" door).
• Install new ductwork transitions to match updated AHU openings and design.
## • Hot Water System:
• Provide and install new hot water piping and a modulating control valve for heating control.
## • Air Conditioning System:
• Provide and install new AC piping, including updated components such as TXVs, valves, driers, and
refrigeration specialties.
• Install new ductwork, hot water piping, and refrigerant piping insulation.
## • Economizer Dampers:
• Provide and install new low-leak economizer dampers with insulated outdoor air dampers.
## Room Modifications: MASTERING THE ELEMENTS'
• Make necessary changes to sprinkler piping for the updated AHU room layout.
## Controls and Automation:
• Provide and install building automation controls compatible with the existing Alerton Systems.
• Coordinate with the current system contractor for seamless integration and ensure the addition of updated
system graphics.
## Additional Services:
Phone: 320-203-9336
Fax: 320-203-2530
## Remit To:
## McDOWALL COMPANY - SERVICE
## DIVISION
## PO BOX 606
## WAITE PARK, MN 56387
-Crane and hoist services, truck services, and disposal services.
• Electrical work for equipment disconnection and reconnection
• Includes fire protection disconnect reconnect
• Factory start-up services, including a one-year parts and labor warranty and a five-year compressor warranty.
• City permits, inspections, and associated fees.
## Total Price:
The total for this project is $206,870.00.
## Payment Terms: Net 30
41-0946275
## Acceptable payment options: ACH, Check, Credit Card
Price listed is the cash price. A card price is available which includes a
3.5% surcharge.
Card payments should be made at:
https://api.ipospays.com/v1/sl/mBahy_230625125017
## Federal Tax ID
Phone: 320-203-9336
Fax: 320-203-2530
## Remit To:
## McDOWALL COMPANY - SERVICE
## DIVISION
## PO BOX 606
## WAITE PARK, MN 56387
## PROJECTCOSTSUMMARY
## 2025LIBRARYAREAAHUANDACCUREPLACEMENT
## GROSS
## NET
## DATEVENDOR
## INVOICE#
## AMOUNT
## AMOUNTRETAINAGE
## 08/19/25MCDOWALL
65797072,809.00
72,
809.00
0.00
## 11/20/25MCDOWALL
65906441,
225.
0041,225.
00
0.00
12/
29/25
## MCDOWALL
659500
92,836.0082,492.50 (
10,343.50)
06/26/26
## MCDOWALL
661615
0.0010,343.50
10,343.50
## PROJECTTOTAL
206,
870.00
206,870.00
0.00
## PROJECT
## SUMMARY
## BUDGET
## ACTUAL
## CONTRACT
## MCDOWALL206,870.00206,870.00
## TOTAL206,870.00
206,870.00
0. 00Remaining
## Less5% Retainage
0.00
## Total
206,870.00
## 2025LIBRARYAREA
## AHUANDACCUREPLACEMENT
## RESOLUTION#
## Project
## Coding
## General
## LedgerAccount
## ActivityCode
## ENGINEERING400-4681-467-303
202507
## CAPITAL
## EXPEND
400-
4681-467-510
202507
vb ?
tk
ref
## Customer:
53
## CV
## McDOWALLCOMPANY-SERVICE
## DIVISION
## Invoice#:
661615
## 1431PROSPER
## DRIVE
## Invoice
## Date:
06/26/2026
## L—
## G171/2
## POBOX606
## MASTERINGTHEELEMENTS'
## WAITEPARK, MN
56387
## Full
## Payment
## Due:
07/26/2026
## Base
## Price:
10,343.50
## Tax:
0.00
## Total
## Due:
10,343.50
## CITYOF
## BECKER
## Servicesperformedat:
## 12060SHERBURNEAVE
## BECKERCOMMUNITYCENTER
## POBOX
250
## 11500SHERBURNEAVE
## BECKER, MN
55308
## BECKER, MN55308
## Customer
## PO:
## Agreement:
## P3759
## ServiceSite:
53-009
ProjectBilling: Invoiceforworkperformedatthelocationlistedabove.
## FINALBILLING
ContractPrice: $
206,870.00
## Previously
Billed: $196.526.50
## Current
Billing: $
## 10,343.50(RETAINAGE)
## ProposalforLibraryAreaAHUandACCUReplacement
## PreparedbyMcDowallCompany
## McDowallCompanyproposesthereplacementoftheexistingairhandlingunit(AHU)andairconditioningunit(ACCU)
systemthatservestheLibraryArea.Thescopeofworkisoutlinedbelow:
## ScopeofWork
## Demolition:
ReclaimoldrefrigerantfromtheACCUsystem.
RemoveanddisposeoftheexistingAHUandACCU.
Removeductwork,ACpiping.dampers,andhotwaterpipingnolongerneededforthenewsystem.
## Installation:
## AirHandlingUnit:
Provideandinstalla newcustom-manufacturedAHUdesignedtofittheexistinglocation(requires
disassembly/reassemblyforaccessthrougha 35"door).
InstallnewductworktransitionstomatchupdatedAHUopeningsanddesign.
## HotWaterSystem:
Provideandinstallnewhotwaterpipingandamodulatingcontrolvalveforheatingcontrol.
## AirConditioningSystem:
## ProvideandinstallnewACpiping,includingupdatedcomponentssuchasTXVs,valves,driers,and
refrigerationspecialties.
Installnewductwork,hotwaterpiping,andrefrigerantpipinginsulation.
## EconomizerDampers:
Provideandinstallnewlow-leakeconomizerdamperswithinsulatedoutdoorairdampers.
## RoomModifications:MASTERINGTHEELEMENTS'
MakenecessarychangestosprinklerpipingfortheupdatedAHUroomlayout.
## ControlsandAutomation:
ProvideandinstallbuildingautomationcontrolscompatiblewiththeexistingAlertonSystems.
## Coordinatewiththecurrentsystemcontractorforseamlessintegrationandensuretheadditionofupdated
systemgraphics.
## AdditionalServices:
## RemitTo:
## McDOWALLCOMPANY-
## SERVICE
Phone: 320-203-9336
## DIVISION
## Fax:
320-203-2530
r: .
## POBOX606
l'---
## WAITEPARK,
## MN
56387
Craneandhoistservices,truckservices,anddisposalservices.
## Electricalworkforequipmentdisconnectionandreconnection
## Includesfireprotectiondisconnectreconnect
Factorystart-upservices,includinga one-yearpartsandlaborwarrantyanda five-yearcompressorwarranty.
Citypermits,inspections,andassociatedfees.
## TotalPrice:
Thetotalforthisprojectis$206,870.00.
## PaymentTerms: Net30
## Acceptable
payment
options:
## ACH,
## Check,
## CreditCard
## Federal
## Tax
## ID
41-0946275
## Pricelistedisthecashprice. Acardpriceisavailablewhichincludesa
3.5%
surcharge.
## Cardpaymentsshouldbemadeat:
https://api.ipospays.com/v1/sUmBahy_230625125017
## RemitTo:
## McDOWALLCOMPANY-SERVICE
Phone: 320-203-9336
## DIVISION
Fax: 320-203-2530
## POBOX606
## WAITE
## PARK, MN
56387
## Agenda Item Description:
## Contract with Summit Fire Protection
## Originating Department / Preparer / Email / Phone:
## Administration/Greg Lerud, City Administrator/glerud@ci.becker.mn.us/763-200-4244
## Attachments:
## Yes X No
## Attachments Included: Contract with Summit Fire Protection for city facilities
## Consent Agenda: Yes X No
## Introduction/Background/Justification/Key Issues/Legal Issues
The city’s policy is to have all contracts approved by the City Council. The city has used Summit Fire
Protection in the past for inspection and certification services for fire suppression equipment at city
facilities and have been satisfied with their services and the cost of service.
## Board Commission / Committee Action:
## None
## Budgetary / Fiscal Impact:
These services are included in the annual budget approved by the City Council.
## Action(s) Requested:
Staff requests the City Council approve the contracts as presented.
## Alternatives:
1. Do not adopt and provide staff alternate direction.
## Reviewed by: Shannon Mortenson Date: July 2, 2026
## REQUEST FOR COUNCIL ACTION
## MEETING DATE:
July 7, 2026
## CITY COUNCIL ACTION
Approved
Denied
Amended
Tabled
All Prices quoted are valid for 30 days from the proposal date.
## Proposal Name:Becker City Hall - Inspection - 07/01/2026
## Proposal Number:624939
## AGREEMENT PRICE:$240.00
## Client
## Name:
## Becker, MN, 55308
## Contact:
## Phone:Cell:
## Cell:
## Email:Cell:
## EQUIPMENT DESCRIPTION:
Summary of the life safety equipment for the purpose of test and inspection. Parts billed separately.
## QtyFrequencyAnnual Cost
## Fire Extinguisher Inspection - Annual22220.00$
## Truck Charge - Agreement120.00$
## TOTALS240.00$
## NOTES
## JulyAnnual
## Address:
## Becker City Hall
## 12060 Sherburne Avenue
## Shannon Mortenson
0
0
(763)200-4247
This proposal is for Inspection Services to be performed by Summit Fire Protection Co., and/or its subsidiaries (collectively, Summit). Upon execution by the
Customer and Summit this Proposal shall become the ''Agreement.''
## SystemsMonth
smortenson@ci.becker.mn.us
## Inspection Location
## Name:
## Address:
Contact 1:
## Phone:
Contact 2:
## Phone:
## City of Becker
## PO Box 250
Becker , MN, 55308
## Shannon Mortenson
(763)200-4247
Summit Fire Protection Co.
## COVER SHEET
All Prices quoted are valid for 30 days from the proposal date.
## Proposal Date:
## To:Becker City HallFrom:Jennifer Roehl
## Shannon MortensonSummit Fire Protection
## City of Becker418 Great Oak Drive
## PO Box 250, Becker , MN, 55308Waite Park, Minnesota, 56387
Office: (320) 257-6390 Mobile: (320)293-9759
## Service Location:12060 Sherburne Avenue, Becker, MN, 55308Email: jroehl@summitfire.com
## A/P Email Addresssmortenson@ci.becker.mn.us
## Proposal Name:Becker City Hall - Inspection - 07/01/2026
## Proposal Number:624939
## AGREEMENT PRICE:$240.00
## Agreement Start Date:
## Initial Term End Date:
## Additional Equipment
## 24-HOUR DISPATCHING OF EMERGENCY SERVICES
## QUALITY ASSURANCE AND CONTROL
## INSPECTION SCHEDULING
## On Boarding
## Advanced Inspection Notification
## Work Schedule
## INSPECTION FEE AND PAYMENT OPTIONS
## Inspection Fee Details
This proposal is for Inspection Services to be performed by Summit Fire Protection Co., and/or its subsidiaries (collectively, Summit). Upon execution by the Customer and
Summit this Proposal shall become the ''Agreement.''
July 1, 2026
July 1, 2026
June 30, 2029
In the event additional equipment is installed after the date of this Agreement, the periodic inspection charge shall be negotiated in accordance with Summit’s prevailing
rates. The quantity list may not be inclusive. Upon inspection, if the quantity list changes, then the price may be changed accordingly.
Customer shall pay a fee for work performed on the equipment described herein (the "Inspection Fee"). The Inspection Fee is due upon receipt. If Customer fails to pay the
Inspection Fee within ten (10) days after the date the same is due and payable, Customer shall automatically be assessed and shall pay a late charge equivalent to three
percent (3%) of the amount of such late payment, together with interest on such late payment at the lower of the maximum rate allowed by applicable law or the rate of
eighteen percent (18%) per annum. In addition to the Inspection Fee, Customer agrees to pay all taxes, truck charges, permits, and other charges, including but not limited to
state and local taxes, excise taxes, installation or alarm permits, false alarm or any other charges imposed by any government body. In no event shall Summit be responsible
for any such fee, license, tax, or charges. On the first annual anniversary date of this Agreement, and on each subsequent annual anniversary date thereafter during the term
of the Agreement and any renewal hereof, the Inspection Fee shall automatically be increased by an amount not to exceed five percent (5%) per year.
As a service provided to you, but not included in the base price of this Agreement, Summit will provide 24-hour emergency service at prevailing emergency service labor rates.
Summit has the most comprehensive internal inspector training program in the industry. Summit employees go through a rigorous training program. We also conduct regular
refresher courses for our experienced inspectors to ensure consistency and quality. Follow-up of classroom training is conducted through periodic field audits of our
inspectors to maintain Summit quality standards. Summit field experts provide technical assistance and code consultation to support our test and inspection organization.
Upon approval of this Agreement, all inspection and test details will be entered into our scheduling system. Summit’s service administration team will contact your
authorized representative to establish mutually agreeable inspection and testing dates.
Summit will proactively contact your designated representative to schedule the tests and inspections per the frequencies agreed upon in this Agreement. The scheduling
system records the date of the last inspection performed and creates a proposed schedule for the next required inspection. However, it is the Customer’s responsibility for
final scheduling of the Inspection Services. It is also the Customer’s responsibility to notify all persons who would automatically receive an alarm signal so that no
unnecessary response takes place.
This Agreement is based upon performing all tests and inspections during our regular scheduled working hours, excluding weekends and holidays, unless otherwise specifically
stated in this Agreement. There may be an additional charge for inspections outside of regular scheduled working hours. Summit has the right to charge up to a $500 per
occurrence rescheduling fee if the customer cancels an inspection with less than twenty-four (24) hours of notice.
Summit Fire Protection Co.
## INSPECTION PROPOSAL
## Proposal Number: 624939
## TERM
## CLARIFICATIONS AND SPECIAL PROVISIONS
## PRIOR AGREEMENTS
## SENSITIVITY TESTING, DETECTOR CLEANING, AND AUDIBILITY TESTING FOR FIRE ALARM AND DETECTION SYSTEMS
## ASSIGNEES/SUBCONTRACTORS OF SUMMIT
## CUSTOMER RESPONSIBILITIES
## ALARM MONITORING SERVICES
## CODE COMPLIANCE
The commencement date of this agreement will be the date on which Summit executes this Agreement. The term of this agreement shall be Three (3) Years beginning on the
commencement date. The agreement will automatically be renewed at each anniversary for an additional One (1) year term unless terminated by either party by giving
written notice to the other party at least sixty (60) days prior to anniversary date.
If the Customer terminates this Agreement in any manner other than as expressly allowed herein (an “Early Termination”), the Customer agrees to pay, as liquidated damages,
an amount equal to one half (1/2) of the then current total annual Inspection Fee multiplied by the number of years still remaining under the Agreement.
Customer agrees that the sale, conveyance, or transfer of the Service Location (if owned by Customer) shall constitute an Early Termination unless: (i) Summit receives written
notice thereof at least thirty (30) days prior to such sale, conveyance, or transfer; (ii) the purchaser agrees to assume this Agreement; and (iii) Summit consents to such
assumption by the purchaser in its sole discretion. Customer further shall not assign this Agreement without the prior written consent of Summit, any such assignment
constituting an Early Termination. For purposes of this Agreement, an assignment shall be deemed to include a merger, consolidation or reorganization of Customer, transfer
of Customer’s business and assets which includes the occupation of the Service Location, and the sale or transfer of more than forty percent (40%) of the equity ownership
interest in Customer.
If explicitly included within the scope of this Agreement, to help minimize false alarms, and in accordance with NFPA 72, accessible smoke detection devices will be cleaned
using manufacturer’s recommended procedures at a rate of 50% of the devices annually. Devices may be dismantled to expose the smoke chamber (when applicable) and
cleaned using a soft cloth, lint brush, cotton swabs, suitable cleaning solution, or non-electrostatic vacuum. Also, unless explicitly stated this Agreement does not include
audibility testing.
Summit shall have the right to assign this Agreement to any other person, firm or corporation at any time and shall have the further right to subcontract any testing or
inspection service, which it may perform. Customer acknowledges that this Agreement, and particularly those paragraphs relating to Summit’s disclaimer of warranties,
maximum liability, limitation of liability, and third-party indemnification, are a benefit of, and are applicable to, any assignees and/or other subcontractors of Summit, and
that they bind Customer with respect to said assignees and/or subcontractors with the same force and effect as they bind Customer to Summit.
Customer may need to provide (at its own risk and with full responsibility for providing) at least one (1) person to assist Summit technicians for the duration of the inspection.
During the inspection, the Customer’s personnel will receive informal training on basic system functions and proper inspection procedures. If the Customer cannot provide
the assistance required, the scheduled testing and inspection may be cancelled, or the Customer may be billed for additional time expended. Customer shall promptly notify
Summit of any malfunctions in the Covered System(s) which comes to Customer’s attention. This Agreement assumes that any existing system(s) are in operational and
maintainable condition as of the Agreement date. If, upon initial inspection, Summit determines that repairs are recommended, repair charges will be submitted for approval
by the Customer’s on-site representative prior to work. Should such repair work be declined, Summit shall be relieved from all liability arising therefrom.
Any reference to alarm monitoring services in this Agreement is included for pricing purposes only. Alarm monitoring services are performed pursuant to the terms and
conditions of the Summit’s alarm monitoring services agreement.
The Customer acknowledges that the Authority Having Jurisdiction (AHJ) may establish additional requirements for compliance with local codes. Furthermore, Summit is
obligated to perform only the testing and inspections required under the recognized code at the time of the execution of this Agreement. Any additional services or
equipment required will be provided at an additional cost to the Customer.
Customer warrants and represents that Customer is not under any enforceable agreement with any other party concerning testing and inspection of Customer’s fire
suppression system, fire alarm system, security system, and/or special hazard system installed at the premises and furthermore Customer agrees to indemnify and save
harmless Summit against all claims, demands, suits, expenses, and damages by judgment or otherwise, which may be now, or hereafter, incurred as a result of or arising out of
any agreement that Customer may have entered into with any party concerning any such fire suppression system, fire alarm system and/or special hazard system of every
kind and description. Customer will pay all sums, including reasonable attorneys' fees, for the defense of any such claim or suit and reasonable attorneys' fees incurred in the
enforcement of this indemnity provision.
However, This Agreement may be terminated by Summit without prior notice, at the option of Summit, (i) if the rendering of inspection services is no longer possible for any
reason beyond the control of Summit, or (ii) in the event the life safety equipment becomes so substantially deteriorated, damaged, or disabled, in the opinion of Summit that
further inspection services are no longer practicable. If Customer’s life safety equipment is damaged, Summit may choose to (i) suspend its obligations under this Agreement
until such equipment is repaired, or (ii) terminate this Agreement. If Summit elects to suspend its obligations, it will first notify the Customer of the suspension and then the
## AHJ.
## Proposal Number: 624939
## INDEMNIFICATION FOR CLAIMS BY THIRD PARTIES
## WORK NOT INCLUDED
## LIMITATION OF LIABILIT
## Y
## WAIVER OF SUBROGATION RIGHTS
## DISCLAIMER OF WARRANT
## Y
## ADDITIONAL TERMS
The following is specifically excluded from the inspection and testing: WATER SUPPLY – SUMMIT shall not be liable or responsible for the adequacy or condition of the water
supply; ENGINEERING REVIEW – This inspection is not an engineering evaluation of the fire protection systems and equipment. The recommendations and observations that
are made by Summit to Customer during the inspection and review are not to be considered an engineering review; SYSTEM DRAWINGS - Customer shall have sprinkler
drawings available on site to assist the inspector to identify equipment components so that they may be properly located. Customer is responsible for identifying equipment
locations including but not limited to all sprinkler system drain valves.
Customer further agrees to waive any claims against Summit known or unknown that exist as of the date of executing this Proposal as further consideration for Summit
performing this work. No claim arising from or related to this Proposal may be brought more than two (2) years after the claim accrued.
The Customer acknowledges and agrees that Summit has made no representations or warranties, express or implied, as to any matter whatsoever, including without
limitation the adequacy, performance, or condition of the inspected fire and life safety equipment, the equipment’s merchantability, or its fitness for any particular purpose;
nor has the Customer relied on any representations or warranties, express or implied. The Customer further acknowledges and agrees that any affirmation of fact or promise
shall not be deemed to create an express warranty, and that there are no warranties which extend beyond the description on the face hereof. The Customer further
acknowledges and agrees: (a) that Summit is not an insurer, (b) that the Customer assumes all risk of loss or damage to the Customer’s premises or to the contents thereof,
and (c) that the Customer has read and understands all of this Agreement, particularly the paragraphs setting forth limitation of liability and indemnification provisions in the
event of any loss or damage to the Customer or anyone else. IT IS SPECIFICALLY UNDERSTOOD BY THE PARTIES TO THIS AGREEMENT THAT SUMMIT DISCLAIMS THE IMPLIED
WARRANTY OF MERCHANTABILITY AND ANY IMPLIED WARRANTIES OF FITNESS FOR ANY PARTICULAR PURPOSE. SUMMIT AND THE CUSTOMER FURTHER UNDERSTAND AND
AGREE THAT SUMMIT MAKES NO WARRANTIES, EXPRESS OR IMPLIED, OTHER THAN THOSE EXPRESSED IN WRITING BY SUMMIT AND THAT NO REPRESENTATIVE OF SUMMIT
HAS ANY AUTHORITY TO MAKE ANY ADDITIONAL EXPRESS WARRANTIES OR OTHERWISE VARY THE TERMS OF THIS AGREEMENT.
Quoted prices are based on current tariff rates and material costs as of the date of this proposal. In the event that new tariffs are imposed or existing tariffs are increased after
the date of this quote/proposal—resulting in a cost increase to components, systems, or materials included in herein—we reserve the right to adjust pricing accordingly. Any
such adjustment will be supported with documentation from our suppliers or manufacturers and will be communicated prior to order placement or scheduling.
IN THE EVENT ANY PERSON, NOT A PARTY TO THIS AGREEMENT, SHALL MAKE ANY CLAIM OR FILE ANY LAWSUIT AGAINST SUMMIT OR ITS ASSIGNEES OR SUBCONTRACTORS
FOR ANY REASON RELATING TO SUMMIT’S PERFORMANCE PURSUANT TO THIS AGREEMENT, CUSTOMER AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS SUMMIT
AGAINST ALL CLAIMS, LAWSUITS, AND EXPENSES (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES AND COSTS). NO PART OF THIS AGREEMENT SHOULD BE
## READ TO SEEK INDEMNIFICATION FOR SUMMIT’S OWN NEGLIGENCE.
The inspection and testing provided under this Agreement does not include any maintenance, repairs, alterations, replacement of parts or any field adjustments whatsoever.
Summit is not responsible for any inspection or advice concerning insulation, including, but not limited to, the sufficiency or placement of insulation. Summit is not
responsible for testing the pipe slope or advising on the design of the system. Should Customer request un-included work, it will be as an addition to this Agreement. Summit
shall either obtain Customer’s prior authorization to proceed with additional work or shall furnish the Customer with an estimated price before the additional work is
performed. Inspection and testing are limited to accessible devices, those where access can be obtained without restriction at the scheduled time of the inspection and
testing and does not exceed heights obtainable with a ten (10) foot ladder. In no event will Summit be required to move personal property, equipment, walls, and/or ceilings
or like obstructions which may impede access or limit visibility. If a return trip is required due to access problems, such return trip will be billed at Summit normal prevailing
rate. The following are specifically excluded from the inspection and testing: Equipment on or in public streets, roads, or rights of way; Public fire hydrants; Confined space
requirements as defined by OSHA; Winterizations; 5-year check valve tests. This Agreement covers common areas only and does not include individual residential units or
tenant spaces of retail establishments.
Deficiencies and defects which are latent or concealed are excluded from inspections. For systems not installed by Summit, Summit makes no warranty and performance of
the system, and inspections and/or testing under this Agreement shall not be deemed to provide any warranty as to the functionality and design of the original installed
system(s). It is understood that Summit is not an insurer, and insurance, if any, shall be obtained by and be the sole responsibility of the Customer and that the amounts
payable to Summit hereunder are based upon the value of the inspection services. SUMMIT’S LIABILITY TO CUSTOMER FOR PERSONAL INJURY, DEATH, PROPERTY DAMAGE
OR OTHER DAMAGES ARISING FROM PERFORMANCE OF THIS AGREEMENT SHALL BE LIMITED SOLELY TO THOSE PAYMENTS MADE TO SUMMIT UNDER THIS AGREEMENT.
Customer shall hold Summit harmless from any and all third party claims for personal injury, death or property damage arising from Customer’s failure to maintain its fire
protection systems or keep them in operative condition or circumstances beyond Summit’s control, including but not limited to damages to the fire protection system or
Customer’s property caused by water leakage, freezing pipes, loss of power, acts of God or other similar causes beyond the control of Summit. IN NO EVENT SHALL SUMMIT
BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR ANY OTHER DAMAGES OF ANY CHARACTER, INCLUDING BUT NOT LIMITED TO THE LOSS OF USE OF
THE CUSTOMER’S PROPERTY, LOST PROFITS OR LOST PRODUCTION, WHETHER CLAIMED BY CUSTOMER OR BY ANY THIRD PARTY, IRRESPECTIVE OF WHETHER CLAIMS OR
ACTIONS FOR SUCH DAMAGES ARE BASED UPON CONTRACT, WARRANTY, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHERWISE.
The Customer acknowledges that Summit is not an insurer, that each party agrees to obtain insurance coverage, and that each party shall rely exclusively upon such insurance
coverage to recover for damages in any way attributable to this Agreement. Customer waives all rights against Summit and any of its subcontractors, sub-subcontractors,
agents, and employees, including the rights of Customer’s current and future insurers, for losses suffered at work sites subject to this Agreement which are covered by
property insurance or other insurance applicable to losses caused by damages of any sort at work sites. This waiver shall apply to all insurance policies of Customer, whether
such policy exists at time of contracting or is subsequently acquired by Customer thereafter. Customer or Summit, as appropriate, shall require of subcontractors, sub-
subcontractors, agents, and employees of the other party, by appropriate agreements, written where legally required for validity, similar waivers each in favor of the other
parties enumerated herein. A waiver of subrogation shall be effective as to a person or entity even though that person or entity would otherwise have a duty of
indemnification, contractual or otherwise, did not pay the insurance premium directly or indirectly, and whether or not the per
son or entity had an insurable interest in the
property damages.
## Proposal Number: 624939
## ATTORNEYS’ FEES/WAIVER OF JURY
## GOVERNING LAW, JURISDICTION
## TEMPORARY FUEL SURCHARGE
## ACCEPTANCE
## Submitted by: Jennifer Roehl
## Title: Inspection Sales Rep
CUSTOMERSummit Fire Protection Co.
## Approved by Authorized RepresentativeApproved by Authorized Representative
## By: By:
## Print Name: Print Name:
## Title: Title:
## Date: Date:
## Email:
## Company:
Fuel costs are monitored using the US Bureau of Labor Statistics National Average Gas Price (https://data.bls.gov/timeseries/APU000074714 ). When the national average
price of regular gasoline is $3.50 per gallon or above, Summit will charge a fuel surcharge of up to $25 per trip. The Fuel Surcharge will be suspended when prices drop below
$3.50 per gallon.
If Summit engages counsel to enforce any rights or defenses provided for in this Agreement, Summit shall be entitled to recover from Subscriber the costs and expenses
associated with such enforcement, including without limitation, its reasonable attorney’s fees, and costs. THE PARTIES AGREE TO WAIVE A JURY TRIAL FOR ANY DISPUTE
## ARISING FROM THIS AGREEMENT.
This Agreement shall be governed exclusively by, and construed exclusively in accordance with, the laws of the State of Minnesota. Customer irrevocably agrees to the
exclusive jurisdiction of the Courts of Ramsey County, Minnesota, or such other venue as may be mutually agreed upon, and Customer irrevocably agrees to service of process
via certified mail, return receipt requested, to Customer at the address set forth herein. However, nothing stated herein shall in any manner prevent or preclude Summit from
bringing any one or more actions against Customer in any jurisdiction in the United States in which Customer conducts business.
This proposal, when accepted by you below and approved by our authorized representative, will constitute the entire exclusive agreement between us for the services to be
provided and Customer authorization to perform as outlined herein. All prior or contemporaneous oral or written representations or agreements not incorporated herein will
be superseded. We do not give up rights under any existing agreement until this proposal is fully executed. The customer’s issuance of a purchase order to Summit shall be
deemed acceptance of this Agreement. Terms and conditions that differ from those contained in this Agreement that may appear on this Customer’s purchase orders shall
not be binding on Summit unless specifically agreed to in writing signed by an authorized representative of Summit. This Agreement may not be changed, modified, revised,
or amended unless in writing signed by you and an authorized representative of Summit. Further, any manual changes to this form will not be effective as to Summit unless
initialed in the margin by an authorized representative of Summit. This Quotation is valid for thirty (30) days from the proposal date.
All Prices quoted are valid for 30 days from the proposal date.
## Proposal Name:Becker Community Center - Inspection - 07/01/2026
## Proposal Number:625065
## AGREEMENT PRICE:$675.00
## Client
## Name:
## Becker, MN, 55308
## Contact:
## Phone:Cell:
## Cell:
## Email:Cell:
## EQUIPMENT DESCRIPTION:
Summary of the life safety equipment for the purpose of test and inspection. Parts billed separately.
## QtyFrequencyAnnual Cost
## Fire Extinguisher Inspection - Annual17170.00$
## Truck Charge - Agreement120.00$
## Wet Sprinkler System Inspection - Annual1250.00$
## Sprinkler Wet Hood Inspection - Annual1175.00$
## Truck Charge - Agreement160.00$
## TOTALS675.00$
## NOTES
## JulyAnnual
## AnnualJuly
## Address:
## Becker Community Center
## 11500 Sherburne Avenue
## Shannon Mortenson
0
0
(763)200-4247
This proposal is for Inspection Services to be performed by Summit Fire Protection Co., and/or its subsidiaries (collectively, Summit). Upon execution by the
Customer and Summit this Proposal shall become the ''Agreement.''
## SystemsMonth
smortenson@ci.becker.mn.us
## Inspection Location
## Name:
## Address:
Contact 1:
## Phone:
Contact 2:
## Phone:
## City of Becker
## PO Box 250
Becker , MN, 55308
## Shannon Mortenson
(763)200-4247
Summit Fire Protection Co.
## COVER SHEET
All Prices quoted are valid for 30 days from the proposal date.
## Proposal Date:
## To:Becker Community CenterFrom:Jennifer Roehl
## Shannon MortensonSummit Fire Protection
## City of Becker418 Great Oak Drive
## PO Box 250, Becker , MN, 55308Waite Park, Minnesota, 56387
Office: (320) 257-6390 Mobile: (320)293-9759
## Service Location:11500 Sherburne Avenue, Becker, MN, 55308Email: jroehl@summitfire.com
## A/P Email Addresssmortenson@ci.becker.mn.us
## Proposal Name:Becker Community Center - Inspection - 07/01/2026
## Proposal Number:625065
## AGREEMENT PRICE:$675.00
## Agreement Start Date:
## Initial Term End Date:
## Additional Equipment
## 24-HOUR DISPATCHING OF EMERGENCY SERVICES
## QUALITY ASSURANCE AND CONTROL
## INSPECTION SCHEDULING
## On Boarding
## Advanced Inspection Notification
## Work Schedule
## INSPECTION FEE AND PAYMENT OPTIONS
## Inspection Fee Details
This proposal is for Inspection Services to be performed by Summit Fire Protection Co., and/or its subsidiaries (collectively, Summit). Upon execution by the Customer and
Summit this Proposal shall become the ''Agreement.''
July 1, 2026
July 1, 2026
June 30, 2027
In the event additional equipment is installed after the date of this Agreement, the periodic inspection charge shall be negotiated in accordance with Summit’s prevailing
rates. The quantity list may not be inclusive. Upon inspection, if the quantity list changes, then the price may be changed accordingly.
Customer shall pay a fee for work performed on the equipment described herein (the "Inspection Fee"). The Inspection Fee is due upon receipt. If Customer fails to pay the
Inspection Fee within ten (10) days after the date the same is due and payable, Customer shall automatically be assessed and shall pay a late charge equivalent to three
percent (3%) of the amount of such late payment, together with interest on such late payment at the lower of the maximum rate allowed by applicable law or the rate of
eighteen percent (18%) per annum. In addition to the Inspection Fee, Customer agrees to pay all taxes, truck charges, permits, and other charges, including but not limited to
state and local taxes, excise taxes, installation or alarm permits, false alarm or any other charges imposed by any government body. In no event shall Summit be responsible
for any such fee, license, tax, or charges. On the first annual anniversary date of this Agreement, and on each subsequent annual anniversary date thereafter during the term
of the Agreement and any renewal hereof, the Inspection Fee shall automatically be increased by an amount not to exceed five percent (5%) per year.
As a service provided to you, but not included in the base price of this Agreement, Summit will provide 24-hour emergency service at prevailing emergency service labor rates.
Summit has the most comprehensive internal inspector training program in the industry. Summit employees go through a rigorous training program. We also conduct regular
refresher courses for our experienced inspectors to ensure consistency and quality. Follow-up of classroom training is conducted through periodic field audits of our
inspectors to maintain Summit quality standards. Summit field experts provide technical assistance and code consultation to support our test and inspection organization.
Upon approval of this Agreement, all inspection and test details will be entered into our scheduling system. Summit’s service administration team will contact your
authorized representative to establish mutually agreeable inspection and testing dates.
Summit will proactively contact your designated representative to schedule the tests and inspections per the frequencies agreed upon in this Agreement. The scheduling
system records the date of the last inspection performed and creates a proposed schedule for the next required inspection. However, it is the Customer’s responsibility for
final scheduling of the Inspection Services. It is also the Customer’s responsibility to notify all persons who would automatically receive an alarm signal so that no
unnecessary response takes place.
This Agreement is based upon performing all tests and inspections during our regular scheduled working hours, excluding weekends and holidays, unless otherwise specifically
stated in this Agreement. There may be an additional charge for inspections outside of regular scheduled working hours. Summit has the right to charge up to a $500 per
occurrence rescheduling fee if the customer cancels an inspection with less than twenty-four (24) hours of notice.
Summit Fire Protection Co.
## INSPECTION PROPOSAL
## Proposal Number: 625065
## TERM
## CLARIFICATIONS AND SPECIAL PROVISIONS
## PRIOR AGREEMENTS
## SENSITIVITY TESTING, DETECTOR CLEANING, AND AUDIBILITY TESTING FOR FIRE ALARM AND DETECTION SYSTEMS
## ASSIGNEES/SUBCONTRACTORS OF SUMMIT
## CUSTOMER RESPONSIBILITIES
## ALARM MONITORING SERVICES
## CODE COMPLIANCE
The commencement date of this agreement will be the date on which Summit executes this Agreement. The term of this agreement shall be One (1) Year beginning on the
commencement date. The agreement will automatically be renewed at each anniversary for an additional One (1) year term unless terminated by either party by giving
written notice to the other party at least sixty (60) days prior to anniversary date.
If the Customer terminates this Agreement in any manner other than as expressly allowed herein (an “Early Termination”), the Customer agrees to pay, as liquidated damages,
an amount equal to one half (1/2) of the then current total annual Inspection Fee multiplied by the number of years still remaining under the Agreement.
Customer agrees that the sale, conveyance, or transfer of the Service Location (if owned by Customer) shall constitute an Early Termination unless: (i) Summit receives written
notice thereof at least thirty (30) days prior to such sale, conveyance, or transfer; (ii) the purchaser agrees to assume this Agreement; and (iii) Summit consents to such
assumption by the purchaser in its sole discretion. Customer further shall not assign this Agreement without the prior written consent of Summit, any such assignment
constituting an Early Termination. For purposes of this Agreement, an assignment shall be deemed to include a merger, consolidation or reorganization of Customer, transfer
of Customer’s business and assets which includes the occupation of the Service Location, and the sale or transfer of more than forty percent (40%) of the equity ownership
interest in Customer.
If explicitly included within the scope of this Agreement, to help minimize false alarms, and in accordance with NFPA 72, accessible smoke detection devices will be cleaned
using manufacturer’s recommended procedures at a rate of 50% of the devices annually. Devices may be dismantled to expose the smoke chamber (when applicable) and
cleaned using a soft cloth, lint brush, cotton swabs, suitable cleaning solution, or non-electrostatic vacuum. Also, unless explicitly stated this Agreement does not include
audibility testing.
Summit shall have the right to assign this Agreement to any other person, firm or corporation at any time and shall have the further right to subcontract any testing or
inspection service, which it may perform. Customer acknowledges that this Agreement, and particularly those paragraphs relating to Summit’s disclaimer of warranties,
maximum liability, limitation of liability, and third-party indemnification, are a benefit of, and are applicable to, any assignees and/or other subcontractors of Summit, and
that they bind Customer with respect to said assignees and/or subcontractors with the same force and effect as they bind Customer to Summit.
Customer may need to provide (at its own risk and with full responsibility for providing) at least one (1) person to assist Summit technicians for the duration of the inspection.
During the inspection, the Customer’s personnel will receive informal training on basic system functions and proper inspection procedures. If the Customer cannot provide
the assistance required, the scheduled testing and inspection may be cancelled, or the Customer may be billed for additional time expended. Customer shall promptly notify
Summit of any malfunctions in the Covered System(s) which comes to Customer’s attention. This Agreement assumes that any existing system(s) are in operational and
maintainable condition as of the Agreement date. If, upon initial inspection, Summit determines that repairs are recommended, repair charges will be submitted for approval
by the Customer’s on-site representative prior to work. Should such repair work be declined, Summit shall be relieved from all liability arising therefrom.
Any reference to alarm monitoring services in this Agreement is included for pricing purposes only. Alarm monitoring services are performed pursuant to the terms and
conditions of the Summit’s alarm monitoring services agreement.
The Customer acknowledges that the Authority Having Jurisdiction (AHJ) may establish additional requirements for compliance with local codes. Furthermore, Summit is
obligated to perform only the testing and inspections required under the recognized code at the time of the execution of this Agreement. Any additional services or
equipment required will be provided at an additional cost to the Customer.
Customer warrants and represents that Customer is not under any enforceable agreement with any other party concerning testing and inspection of Customer’s fire
suppression system, fire alarm system, security system, and/or special hazard system installed at the premises and furthermore Customer agrees to indemnify and save
harmless Summit against all claims, demands, suits, expenses, and damages by judgment or otherwise, which may be now, or hereafter, incurred as a result of or arising out of
any agreement that Customer may have entered into with any party concerning any such fire suppression system, fire alarm system and/or special hazard system of every
kind and description. Customer will pay all sums, including reasonable attorneys' fees, for the defense of any such claim or suit and reasonable attorneys' fees incurred in the
enforcement of this indemnity provision.
However, This Agreement may be terminated by Summit without prior notice, at the option of Summit, (i) if the rendering of inspection services is no longer possible for any
reason beyond the control of Summit, or (ii) in the event the life safety equipment becomes so substantially deteriorated, damaged, or disabled, in the opinion of Summit that
further inspection services are no longer practicable. If Customer’s life safety equipment is damaged, Summit may choose to (i) suspend its obligations under this Agreement
until such equipment is repaired, or (ii) terminate this Agreement. If Summit elects to suspend its obligations, it will first notify the Customer of the suspension and then the
## AHJ.
## Proposal Number: 625065
## INDEMNIFICATION FOR CLAIMS BY THIRD PARTIES
## WORK NOT INCLUDED
## LIMITATION OF LIABILIT
## Y
## WAIVER OF SUBROGATION RIGHTS
## DISCLAIMER OF WARRANT
## Y
## ADDITIONAL TERMS
The following is specifically excluded from the inspection and testing: WATER SUPPLY – SUMMIT shall not be liable or responsible for the adequacy or condition of the water
supply; ENGINEERING REVIEW – This inspection is not an engineering evaluation of the fire protection systems and equipment. The recommendations and observations that
are made by Summit to Customer during the inspection and review are not to be considered an engineering review; SYSTEM DRAWINGS - Customer shall have sprinkler
drawings available on site to assist the inspector to identify equipment components so that they may be properly located. Customer is responsible for identifying equipment
locations including but not limited to all sprinkler system drain valves.
Customer further agrees to waive any claims against Summit known or unknown that exist as of the date of executing this Proposal as further consideration for Summit
performing this work. No claim arising from or related to this Proposal may be brought more than two (2) years after the claim accrued.
The Customer acknowledges and agrees that Summit has made no representations or warranties, express or implied, as to any matter whatsoever, including without
limitation the adequacy, performance, or condition of the inspected fire and life safety equipment, the equipment’s merchantability, or its fitness for any particular purpose;
nor has the Customer relied on any representations or warranties, express or implied. The Customer further acknowledges and agrees that any affirmation of fact or promise
shall not be deemed to create an express warranty, and that there are no warranties which extend beyond the description on the face hereof. The Customer further
acknowledges and agrees: (a) that Summit is not an insurer, (b) that the Customer assumes all risk of loss or damage to the Customer’s premises or to the contents thereof,
and (c) that the Customer has read and understands all of this Agreement, particularly the paragraphs setting forth limitation of liability and indemnification provisions in the
event of any loss or damage to the Customer or anyone else. IT IS SPECIFICALLY UNDERSTOOD BY THE PARTIES TO THIS AGREEMENT THAT SUMMIT DISCLAIMS THE IMPLIED
WARRANTY OF MERCHANTABILITY AND ANY IMPLIED WARRANTIES OF FITNESS FOR ANY PARTICULAR PURPOSE. SUMMIT AND THE CUSTOMER FURTHER UNDERSTAND AND
AGREE THAT SUMMIT MAKES NO WARRANTIES, EXPRESS OR IMPLIED, OTHER THAN THOSE EXPRESSED IN WRITING BY SUMMIT AND THAT NO REPRESENTATIVE OF SUMMIT
HAS ANY AUTHORITY TO MAKE ANY ADDITIONAL EXPRESS WARRANTIES OR OTHERWISE VARY THE TERMS OF THIS AGREEMENT.
Quoted prices are based on current tariff rates and material costs as of the date of this proposal. In the event that new tariffs are imposed or existing tariffs are increased after
the date of this quote/proposal—resulting in a cost increase to components, systems, or materials included in herein—we reserve the right to adjust pricing accordingly. Any
such adjustment will be supported with documentation from our suppliers or manufacturers and will be communicated prior to order placement or scheduling.
IN THE EVENT ANY PERSON, NOT A PARTY TO THIS AGREEMENT, SHALL MAKE ANY CLAIM OR FILE ANY LAWSUIT AGAINST SUMMIT OR ITS ASSIGNEES OR SUBCONTRACTORS
FOR ANY REASON RELATING TO SUMMIT’S PERFORMANCE PURSUANT TO THIS AGREEMENT, CUSTOMER AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS SUMMIT
AGAINST ALL CLAIMS, LAWSUITS, AND EXPENSES (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES AND COSTS). NO PART OF THIS AGREEMENT SHOULD BE
## READ TO SEEK INDEMNIFICATION FOR SUMMIT’S OWN NEGLIGENCE.
The inspection and testing provided under this Agreement does not include any maintenance, repairs, alterations, replacement of parts or any field adjustments whatsoever.
Summit is not responsible for any inspection or advice concerning insulation, including, but not limited to, the sufficiency or placement of insulation. Summit is not
responsible for testing the pipe slope or advising on the design of the system. Should Customer request un-included work, it will be as an addition to this Agreement. Summit
shall either obtain Customer’s prior authorization to proceed with additional work or shall furnish the Customer with an estimated price before the additional work is
performed. Inspection and testing are limited to accessible devices, those where access can be obtained without restriction at the scheduled time of the inspection and
testing and does not exceed heights obtainable with a ten (10) foot ladder. In no event will Summit be required to move personal property, equipment, walls, and/or ceilings
or like obstructions which may impede access or limit visibility. If a return trip is required due to access problems, such return trip will be billed at Summit normal prevailing
rate. The following are specifically excluded from the inspection and testing: Equipment on or in public streets, roads, or rights of way; Public fire hydrants; Confined space
requirements as defined by OSHA; Winterizations; 5-year check valve tests. This Agreement covers common areas only and does not include individual residential units or
tenant spaces of retail establishments.
Deficiencies and defects which are latent or concealed are excluded from inspections. For systems not installed by Summit, Summit makes no warranty and performance of
the system, and inspections and/or testing under this Agreement shall not be deemed to provide any warranty as to the functionality and design of the original installed
system(s). It is understood that Summit is not an insurer, and insurance, if any, shall be obtained by and be the sole responsibility of the Customer and that the amounts
payable to Summit hereunder are based upon the value of the inspection services. SUMMIT’S LIABILITY TO CUSTOMER FOR PERSONAL INJURY, DEATH, PROPERTY DAMAGE
OR OTHER DAMAGES ARISING FROM PERFORMANCE OF THIS AGREEMENT SHALL BE LIMITED SOLELY TO THOSE PAYMENTS MADE TO SUMMIT UNDER THIS AGREEMENT.
Customer shall hold Summit harmless from any and all third party claims for personal injury, death or property damage arising from Customer’s failure to maintain its fire
protection systems or keep them in operative condition or circumstances beyond Summit’s control, including but not limited to damages to the fire protection system or
Customer’s property caused by water leakage, freezing pipes, loss of power, acts of God or other similar causes beyond the control of Summit. IN NO EVENT SHALL SUMMIT
BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR ANY OTHER DAMAGES OF ANY CHARACTER, INCLUDING BUT NOT LIMITED TO THE LOSS OF USE OF
THE CUSTOMER’S PROPERTY, LOST PROFITS OR LOST PRODUCTION, WHETHER CLAIMED BY CUSTOMER OR BY ANY THIRD PARTY, IRRESPECTIVE OF WHETHER CLAIMS OR
ACTIONS FOR SUCH DAMAGES ARE BASED UPON CONTRACT, WARRANTY, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHERWISE.
The Customer acknowledges that Summit is not an insurer, that each party agrees to obtain insurance coverage, and that each party shall rely exclusively upon such insurance
coverage to recover for damages in any way attributable to this Agreement. Customer waives all rights against Summit and any of its subcontractors, sub-subcontractors,
agents, and employees, including the rights of Customer’s current and future insurers, for losses suffered at work sites subject to this Agreement which are covered by
property insurance or other insurance applicable to losses caused by damages of any sort at work sites. This waiver shall apply to all insurance policies of Customer, whether
such policy exists at time of contracting or is subsequently acquired by Customer thereafter. Customer or Summit, as appropriate, shall require of subcontractors, sub-
subcontractors, agents, and employees of the other party, by appropriate agreements, written where legally required for validity, similar waivers each in favor of the other
parties enumerated herein. A waiver of subrogation shall be effective as to a person or entity even though that person or entity would otherwise have a duty of
indemnification, contractual or otherwise, did not pay the insurance premium directly or indirectly, and whether or not the per
son or entity had an insurable interest in the
property damages.
## Proposal Number: 625065
## ATTORNEYS’ FEES/WAIVER OF JURY
## GOVERNING LAW, JURISDICTION
## TEMPORARY FUEL SURCHARGE
## ACCEPTANCE
## Submitted by: Jennifer Roehl
## Title: Inspection Sales Rep
CUSTOMERSummit Fire Protection Co.
## Approved by Authorized RepresentativeApproved by Authorized Representative
## By: By:
## Print Name: Print Name:
## Title: Title:
## Date: Date:
## Email:
## Company:
Fuel costs are monitored using the US Bureau of Labor Statistics National Average Gas Price (https://data.bls.gov/timeseries/APU000074714 ). When the national average
price of regular gasoline is $3.50 per gallon or above, Summit will charge a fuel surcharge of up to $25 per trip. The Fuel Surcharge will be suspended when prices drop below
$3.50 per gallon.
If Summit engages counsel to enforce any rights or defenses provided for in this Agreement, Summit shall be entitled to recover from Subscriber the costs and expenses
associated with such enforcement, including without limitation, its reasonable attorney’s fees, and costs. THE PARTIES AGREE TO WAIVE A JURY TRIAL FOR ANY DISPUTE
## ARISING FROM THIS AGREEMENT.
This Agreement shall be governed exclusively by, and construed exclusively in accordance with, the laws of the State of Minnesota. Customer irrevocably agrees to the
exclusive jurisdiction of the Courts of Ramsey County, Minnesota, or such other venue as may be mutually agreed upon, and Customer irrevocably agrees to service of process
via certified mail, return receipt requested, to Customer at the address set forth herein. However, nothing stated herein shall in any manner prevent or preclude Summit from
bringing any one or more actions against Customer in any jurisdiction in the United States in which Customer conducts business.
This proposal, when accepted by you below and approved by our authorized representative, will constitute the entire exclusive agreement between us for the services to be
provided and Customer authorization to perform as outlined herein. All prior or contemporaneous oral or written representations or agreements not incorporated herein will
be superseded. We do not give up rights under any existing agreement until this proposal is fully executed. The customer’s issuance of a purchase order to Summit shall be
deemed acceptance of this Agreement. Terms and conditions that differ from those contained in this Agreement that may appear on this Customer’s purchase orders shall
not be binding on Summit unless specifically agreed to in writing signed by an authorized representative of Summit. This Agreement may not be changed, modified, revised,
or amended unless in writing signed by you and an authorized representative of Summit. Further, any manual changes to this form will not be effective as to Summit unless
initialed in the margin by an authorized representative of Summit. This Quotation is valid for thirty (30) days from the proposal date.
All Prices quoted are valid for 30 days from the proposal date.
## Proposal Name:Becker Public Works - Inspection - 07/01/2026
## Proposal Number:625088
## AGREEMENT PRICE:$400.00
## Client
## Name:
## Becker, MN, 55308
## Contact:
## Phone:Cell:
## Cell:
## Email:Cell:
## EQUIPMENT DESCRIPTION:
Summary of the life safety equipment for the purpose of test and inspection. Parts billed separately.
## QtyFrequencyAnnual Cost
## Fire Extinguisher Inspection - Annual38380.00$
## Truck Charge - Agreement120.00$
## TOTALS400.00$
## NOTES
## JulyAnnual
## Address:
## Becker Public Works
## 11956 Gardener Street
## Shannon Mortenson
0
0
(763)200-4247
This proposal is for Inspection Services to be performed by Summit Fire Protection Co., and/or its subsidiaries (collectively, Summit). Upon execution by the
Customer and Summit this Proposal shall become the ''Agreement.''
## SystemsMonth
smortenson@ci.becker.mn.us
## Inspection Location
## Name:
## Address:
Contact 1:
## Phone:
Contact 2:
## Phone:
## City of Becker
## PO Box 250
Becker , MN, 55308
## Shannon Mortenson
(763)200-4247
Summit Fire Protection Co.
## COVER SHEET
All Prices quoted are valid for 30 days from the proposal date.
## Proposal Date:
## To:Becker Public WorksFrom:Jennifer Roehl
## Shannon MortensonSummit Fire Protection
## City of Becker418 Great Oak Drive
## PO Box 250, Becker , MN, 55308Waite Park, Minnesota, 56387
Office: (320) 257-6390 Mobile: (320)293-9759
## Service Location:11956 Gardener Street, Becker, MN, 55308Email: jroehl@summitfire.com
## A/P Email Addresssmortenson@ci.becker.mn.us
## Proposal Name:Becker Public Works - Inspection - 07/01/2026
## Proposal Number:625088
## AGREEMENT PRICE:$400.00
## Agreement Start Date:
## Initial Term End Date:
## Additional Equipment
## 24-HOUR DISPATCHING OF EMERGENCY SERVICES
## QUALITY ASSURANCE AND CONTROL
## INSPECTION SCHEDULING
## On Boarding
## Advanced Inspection Notification
## Work Schedule
## INSPECTION FEE AND PAYMENT OPTIONS
## Inspection Fee Details
This proposal is for Inspection Services to be performed by Summit Fire Protection Co., and/or its subsidiaries (collectively, Summit). Upon execution by the Customer and
Summit this Proposal shall become the ''Agreement.''
July 1, 2026
July 1, 2026
June 30, 2027
In the event additional equipment is installed after the date of this Agreement, the periodic inspection charge shall be negotiated in accordance with Summit’s prevailing
rates. The quantity list may not be inclusive. Upon inspection, if the quantity list changes, then the price may be changed accordingly.
Customer shall pay a fee for work performed on the equipment described herein (the "Inspection Fee"). The Inspection Fee is due upon receipt. If Customer fails to pay the
Inspection Fee within ten (10) days after the date the same is due and payable, Customer shall automatically be assessed and shall pay a late charge equivalent to three
percent (3%) of the amount of such late payment, together with interest on such late payment at the lower of the maximum rate allowed by applicable law or the rate of
eighteen percent (18%) per annum. In addition to the Inspection Fee, Customer agrees to pay all taxes, truck charges, permits, and other charges, including but not limited to
state and local taxes, excise taxes, installation or alarm permits, false alarm or any other charges imposed by any government body. In no event shall Summit be responsible
for any such fee, license, tax, or charges. On the first annual anniversary date of this Agreement, and on each subsequent annual anniversary date thereafter during the term
of the Agreement and any renewal hereof, the Inspection Fee shall automatically be increased by an amount not to exceed five percent (5%) per year.
As a service provided to you, but not included in the base price of this Agreement, Summit will provide 24-hour emergency service at prevailing emergency service labor rates.
Summit has the most comprehensive internal inspector training program in the industry. Summit employees go through a rigorous training program. We also conduct regular
refresher courses for our experienced inspectors to ensure consistency and quality. Follow-up of classroom training is conducted through periodic field audits of our
inspectors to maintain Summit quality standards. Summit field experts provide technical assistance and code consultation to support our test and inspection organization.
Upon approval of this Agreement, all inspection and test details will be entered into our scheduling system. Summit’s service administration team will contact your
authorized representative to establish mutually agreeable inspection and testing dates.
Summit will proactively contact your designated representative to schedule the tests and inspections per the frequencies agreed upon in this Agreement. The scheduling
system records the date of the last inspection performed and creates a proposed schedule for the next required inspection. However, it is the Customer’s responsibility for
final scheduling of the Inspection Services. It is also the Customer’s responsibility to notify all persons who would automatically receive an alarm signal so that no
unnecessary response takes place.
This Agreement is based upon performing all tests and inspections during our regular scheduled working hours, excluding weekends and holidays, unless otherwise specifically
stated in this Agreement. There may be an additional charge for inspections outside of regular scheduled working hours. Summit has the right to charge up to a $500 per
occurrence rescheduling fee if the customer cancels an inspection with less than twenty-four (24) hours of notice.
Summit Fire Protection Co.
## INSPECTION PROPOSAL
## Proposal Number: 625088
## TERM
## CLARIFICATIONS AND SPECIAL PROVISIONS
## PRIOR AGREEMENTS
## SENSITIVITY TESTING, DETECTOR CLEANING, AND AUDIBILITY TESTING FOR FIRE ALARM AND DETECTION SYSTEMS
## ASSIGNEES/SUBCONTRACTORS OF SUMMIT
## CUSTOMER RESPONSIBILITIES
## ALARM MONITORING SERVICES
## CODE COMPLIANCE
The commencement date of this agreement will be the date on which Summit executes this Agreement. The term of this agreement shall be One (1) Year beginning on the
commencement date. The agreement will automatically be renewed at each anniversary for an additional One (1) year term unless terminated by either party by giving
written notice to the other party at least sixty (60) days prior to anniversary date.
If the Customer terminates this Agreement in any manner other than as expressly allowed herein (an “Early Termination”), the Customer agrees to pay, as liquidated damages,
an amount equal to one half (1/2) of the then current total annual Inspection Fee multiplied by the number of years still remaining under the Agreement.
Customer agrees that the sale, conveyance, or transfer of the Service Location (if owned by Customer) shall constitute an Early Termination unless: (i) Summit receives written
notice thereof at least thirty (30) days prior to such sale, conveyance, or transfer; (ii) the purchaser agrees to assume this Agreement; and (iii) Summit consents to such
assumption by the purchaser in its sole discretion. Customer further shall not assign this Agreement without the prior written consent of Summit, any such assignment
constituting an Early Termination. For purposes of this Agreement, an assignment shall be deemed to include a merger, consolidation or reorganization of Customer, transfer
of Customer’s business and assets which includes the occupation of the Service Location, and the sale or transfer of more than forty percent (40%) of the equity ownership
interest in Customer.
If explicitly included within the scope of this Agreement, to help minimize false alarms, and in accordance with NFPA 72, accessible smoke detection devices will be cleaned
using manufacturer’s recommended procedures at a rate of 50% of the devices annually. Devices may be dismantled to expose the smoke chamber (when applicable) and
cleaned using a soft cloth, lint brush, cotton swabs, suitable cleaning solution, or non-electrostatic vacuum. Also, unless explicitly stated this Agreement does not include
audibility testing.
Summit shall have the right to assign this Agreement to any other person, firm or corporation at any time and shall have the further right to subcontract any testing or
inspection service, which it may perform. Customer acknowledges that this Agreement, and particularly those paragraphs relating to Summit’s disclaimer of warranties,
maximum liability, limitation of liability, and third-party indemnification, are a benefit of, and are applicable to, any assignees and/or other subcontractors of Summit, and
that they bind Customer with respect to said assignees and/or subcontractors with the same force and effect as they bind Customer to Summit.
Customer may need to provide (at its own risk and with full responsibility for providing) at least one (1) person to assist Summit technicians for the duration of the inspection.
During the inspection, the Customer’s personnel will receive informal training on basic system functions and proper inspection procedures. If the Customer cannot provide
the assistance required, the scheduled testing and inspection may be cancelled, or the Customer may be billed for additional time expended. Customer shall promptly notify
Summit of any malfunctions in the Covered System(s) which comes to Customer’s attention. This Agreement assumes that any existing system(s) are in operational and
maintainable condition as of the Agreement date. If, upon initial inspection, Summit determines that repairs are recommended, repair charges will be submitted for approval
by the Customer’s on-site representative prior to work. Should such repair work be declined, Summit shall be relieved from all liability arising therefrom.
Any reference to alarm monitoring services in this Agreement is included for pricing purposes only. Alarm monitoring services are performed pursuant to the terms and
conditions of the Summit’s alarm monitoring services agreement.
The Customer acknowledges that the Authority Having Jurisdiction (AHJ) may establish additional requirements for compliance with local codes. Furthermore, Summit is
obligated to perform only the testing and inspections required under the recognized code at the time of the execution of this Agreement. Any additional services or
equipment required will be provided at an additional cost to the Customer.
Customer warrants and represents that Customer is not under any enforceable agreement with any other party concerning testing and inspection of Customer’s fire
suppression system, fire alarm system, security system, and/or special hazard system installed at the premises and furthermore Customer agrees to indemnify and save
harmless Summit against all claims, demands, suits, expenses, and damages by judgment or otherwise, which may be now, or hereafter, incurred as a result of or arising out of
any agreement that Customer may have entered into with any party concerning any such fire suppression system, fire alarm system and/or special hazard system of every
kind and description. Customer will pay all sums, including reasonable attorneys' fees, for the defense of any such claim or suit and reasonable attorneys' fees incurred in the
enforcement of this indemnity provision.
However, This Agreement may be terminated by Summit without prior notice, at the option of Summit, (i) if the rendering of inspection services is no longer possible for any
reason beyond the control of Summit, or (ii) in the event the life safety equipment becomes so substantially deteriorated, damaged, or disabled, in the opinion of Summit that
further inspection services are no longer practicable. If Customer’s life safety equipment is damaged, Summit may choose to (i) suspend its obligations under this Agreement
until such equipment is repaired, or (ii) terminate this Agreement. If Summit elects to suspend its obligations, it will first notify the Customer of the suspension and then the
## AHJ.
## Proposal Number: 625088
## INDEMNIFICATION FOR CLAIMS BY THIRD PARTIES
## WORK NOT INCLUDED
## LIMITATION OF LIABILIT
## Y
## WAIVER OF SUBROGATION RIGHTS
## DISCLAIMER OF WARRANT
## Y
## ADDITIONAL TERMS
The following is specifically excluded from the inspection and testing: WATER SUPPLY – SUMMIT shall not be liable or responsible for the adequacy or condition of the water
supply; ENGINEERING REVIEW – This inspection is not an engineering evaluation of the fire protection systems and equipment. The recommendations and observations that
are made by Summit to Customer during the inspection and review are not to be considered an engineering review; SYSTEM DRAWINGS - Customer shall have sprinkler
drawings available on site to assist the inspector to identify equipment components so that they may be properly located. Customer is responsible for identifying equipment
locations including but not limited to all sprinkler system drain valves.
Customer further agrees to waive any claims against Summit known or unknown that exist as of the date of executing this Proposal as further consideration for Summit
performing this work. No claim arising from or related to this Proposal may be brought more than two (2) years after the claim accrued.
The Customer acknowledges and agrees that Summit has made no representations or warranties, express or implied, as to any matter whatsoever, including without
limitation the adequacy, performance, or condition of the inspected fire and life safety equipment, the equipment’s merchantability, or its fitness for any particular purpose;
nor has the Customer relied on any representations or warranties, express or implied. The Customer further acknowledges and agrees that any affirmation of fact or promise
shall not be deemed to create an express warranty, and that there are no warranties which extend beyond the description on the face hereof. The Customer further
acknowledges and agrees: (a) that Summit is not an insurer, (b) that the Customer assumes all risk of loss or damage to the Customer’s premises or to the contents thereof,
and (c) that the Customer has read and understands all of this Agreement, particularly the paragraphs setting forth limitation of liability and indemnification provisions in the
event of any loss or damage to the Customer or anyone else. IT IS SPECIFICALLY UNDERSTOOD BY THE PARTIES TO THIS AGREEMENT THAT SUMMIT DISCLAIMS THE IMPLIED
WARRANTY OF MERCHANTABILITY AND ANY IMPLIED WARRANTIES OF FITNESS FOR ANY PARTICULAR PURPOSE. SUMMIT AND THE CUSTOMER FURTHER UNDERSTAND AND
AGREE THAT SUMMIT MAKES NO WARRANTIES, EXPRESS OR IMPLIED, OTHER THAN THOSE EXPRESSED IN WRITING BY SUMMIT AND THAT NO REPRESENTATIVE OF SUMMIT
HAS ANY AUTHORITY TO MAKE ANY ADDITIONAL EXPRESS WARRANTIES OR OTHERWISE VARY THE TERMS OF THIS AGREEMENT.
Quoted prices are based on current tariff rates and material costs as of the date of this proposal. In the event that new tariffs are imposed or existing tariffs are increased after
the date of this quote/proposal—resulting in a cost increase to components, systems, or materials included in herein—we reserve the right to adjust pricing accordingly. Any
such adjustment will be supported with documentation from our suppliers or manufacturers and will be communicated prior to order placement or scheduling.
IN THE EVENT ANY PERSON, NOT A PARTY TO THIS AGREEMENT, SHALL MAKE ANY CLAIM OR FILE ANY LAWSUIT AGAINST SUMMIT OR ITS ASSIGNEES OR SUBCONTRACTORS
FOR ANY REASON RELATING TO SUMMIT’S PERFORMANCE PURSUANT TO THIS AGREEMENT, CUSTOMER AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS SUMMIT
AGAINST ALL CLAIMS, LAWSUITS, AND EXPENSES (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES AND COSTS). NO PART OF THIS AGREEMENT SHOULD BE
## READ TO SEEK INDEMNIFICATION FOR SUMMIT’S OWN NEGLIGENCE.
The inspection and testing provided under this Agreement does not include any maintenance, repairs, alterations, replacement of parts or any field adjustments whatsoever.
Summit is not responsible for any inspection or advice concerning insulation, including, but not limited to, the sufficiency or placement of insulation. Summit is not
responsible for testing the pipe slope or advising on the design of the system. Should Customer request un-included work, it will be as an addition to this Agreement. Summit
shall either obtain Customer’s prior authorization to proceed with additional work or shall furnish the Customer with an estimated price before the additional work is
performed. Inspection and testing are limited to accessible devices, those where access can be obtained without restriction at the scheduled time of the inspection and
testing and does not exceed heights obtainable with a ten (10) foot ladder. In no event will Summit be required to move personal property, equipment, walls, and/or ceilings
or like obstructions which may impede access or limit visibility. If a return trip is required due to access problems, such return trip will be billed at Summit normal prevailing
rate. The following are specifically excluded from the inspection and testing: Equipment on or in public streets, roads, or rights of way; Public fire hydrants; Confined space
requirements as defined by OSHA; Winterizations; 5-year check valve tests. This Agreement covers common areas only and does not include individual residential units or
tenant spaces of retail establishments.
Deficiencies and defects which are latent or concealed are excluded from inspections. For systems not installed by Summit, Summit makes no warranty and performance of
the system, and inspections and/or testing under this Agreement shall not be deemed to provide any warranty as to the functionality and design of the original installed
system(s). It is understood that Summit is not an insurer, and insurance, if any, shall be obtained by and be the sole responsibility of the Customer and that the amounts
payable to Summit hereunder are based upon the value of the inspection services. SUMMIT’S LIABILITY TO CUSTOMER FOR PERSONAL INJURY, DEATH, PROPERTY DAMAGE
OR OTHER DAMAGES ARISING FROM PERFORMANCE OF THIS AGREEMENT SHALL BE LIMITED SOLELY TO THOSE PAYMENTS MADE TO SUMMIT UNDER THIS AGREEMENT.
Customer shall hold Summit harmless from any and all third party claims for personal injury, death or property damage arising from Customer’s failure to maintain its fire
protection systems or keep them in operative condition or circumstances beyond Summit’s control, including but not limited to damages to the fire protection system or
Customer’s property caused by water leakage, freezing pipes, loss of power, acts of God or other similar causes beyond the control of Summit. IN NO EVENT SHALL SUMMIT
BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR ANY OTHER DAMAGES OF ANY CHARACTER, INCLUDING BUT NOT LIMITED TO THE LOSS OF USE OF
THE CUSTOMER’S PROPERTY, LOST PROFITS OR LOST PRODUCTION, WHETHER CLAIMED BY CUSTOMER OR BY ANY THIRD PARTY, IRRESPECTIVE OF WHETHER CLAIMS OR
ACTIONS FOR SUCH DAMAGES ARE BASED UPON CONTRACT, WARRANTY, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHERWISE.
The Customer acknowledges that Summit is not an insurer, that each party agrees to obtain insurance coverage, and that each party shall rely exclusively upon such insurance
coverage to recover for damages in any way attributable to this Agreement. Customer waives all rights against Summit and any of its subcontractors, sub-subcontractors,
agents, and employees, including the rights of Customer’s current and future insurers, for losses suffered at work sites subject to this Agreement which are covered by
property insurance or other insurance applicable to losses caused by damages of any sort at work sites. This waiver shall apply to all insurance policies of Customer, whether
such policy exists at time of contracting or is subsequently acquired by Customer thereafter. Customer or Summit, as appropriate, shall require of subcontractors, sub-
subcontractors, agents, and employees of the other party, by appropriate agreements, written where legally required for validity, similar waivers each in favor of the other
parties enumerated herein. A waiver of subrogation shall be effective as to a person or entity even though that person or entity would otherwise have a duty of
indemnification, contractual or otherwise, did not pay the insurance premium directly or indirectly, and whether or not the per
son or entity had an insurable interest in the
property damages.
## Proposal Number: 625088
## ATTORNEYS’ FEES/WAIVER OF JURY
## GOVERNING LAW, JURISDICTION
## TEMPORARY FUEL SURCHARGE
## ACCEPTANCE
## Submitted by: Jennifer Roehl
## Title: Inspection Sales Rep
CUSTOMERSummit Fire Protection Co.
## Approved by Authorized RepresentativeApproved by Authorized Representative
## By: By:
## Print Name: Print Name:
## Title: Title:
## Date: Date:
## Email:
## Company:
Fuel costs are monitored using the US Bureau of Labor Statistics National Average Gas Price (https://data.bls.gov/timeseries/APU000074714 ). When the national average
price of regular gasoline is $3.50 per gallon or above, Summit will charge a fuel surcharge of up to $25 per trip. The Fuel Surcharge will be suspended when prices drop below
$3.50 per gallon.
If Summit engages counsel to enforce any rights or defenses provided for in this Agreement, Summit shall be entitled to recover from Subscriber the costs and expenses
associated with such enforcement, including without limitation, its reasonable attorney’s fees, and costs. THE PARTIES AGREE TO WAIVE A JURY TRIAL FOR ANY DISPUTE
## ARISING FROM THIS AGREEMENT.
This Agreement shall be governed exclusively by, and construed exclusively in accordance with, the laws of the State of Minnesota. Customer irrevocably agrees to the
exclusive jurisdiction of the Courts of Ramsey County, Minnesota, or such other venue as may be mutually agreed upon, and Customer irrevocably agrees to service of process
via certified mail, return receipt requested, to Customer at the address set forth herein. However, nothing stated herein shall in any manner prevent or preclude Summit from
bringing any one or more actions against Customer in any jurisdiction in the United States in which Customer conducts business.
This proposal, when accepted by you below and approved by our authorized representative, will constitute the entire exclusive agreement between us for the services to be
provided and Customer authorization to perform as outlined herein. All prior or contemporaneous oral or written representations or agreements not incorporated herein will
be superseded. We do not give up rights under any existing agreement until this proposal is fully executed. The customer’s issuance of a purchase order to Summit shall be
deemed acceptance of this Agreement. Terms and conditions that differ from those contained in this Agreement that may appear on this Customer’s purchase orders shall
not be binding on Summit unless specifically agreed to in writing signed by an authorized representative of Summit. This Agreement may not be changed, modified, revised,
or amended unless in writing signed by you and an authorized representative of Summit. Further, any manual changes to this form will not be effective as to Summit unless
initialed in the margin by an authorized representative of Summit. This Quotation is valid for thirty (30) days from the proposal date.
All Prices quoted are valid for 30 days from the proposal date.
## Proposal Name:Becker Water Treatment Facility - Inspection - 07/01/2026
## Proposal Number:625119
## AGREEMENT PRICE:$1,510.00
## Client
## Name:
## Becker, MN, 55308
## Contact:
## Phone:Cell:
## Cell:
## Email:Cell:
## EQUIPMENT DESCRIPTION:
Summary of the life safety equipment for the purpose of test and inspection. Parts billed separately.
## QtyFrequencyAnnual Cost
## Fire Extinguisher Inspection - Annual52520.00$
## Truck Charge - Agreement120.00$
## Special Hazard System Testing - Semi-Annual1425.00$
## Truck Charge - Agreement160.00$
## Special Hazard System Testing - Semi-Annual1425.00$
## Truck Charge - Agreement160.00$
## TOTALS1,510.00$
## NOTES
## Semi-AnnualNovember
## JulyAnnual
## Semi-AnnualMay
## Address:
## Becker Water Treatment Facility
## 14398 Central Avenue
## Shannon Mortenson
0
0
(763)200-4247
This proposal is for Inspection Services to be performed by Summit Fire Protection Co., and/or its subsidiaries (collectively, Summit). Upon execution by the
Customer and Summit this Proposal shall become the ''Agreement.''
## SystemsMonth
smortenson@ci.becker.mn.us
## Inspection Location
## Name:
## Address:
Contact 1:
## Phone:
Contact 2:
## Phone:
## City of Becker
## PO Box 250
Becker , MN, 55308
## Shannon Mortenson
(763)200-4247
Summit Fire Protection Co.
## COVER SHEET
All Prices quoted are valid for 30 days from the proposal date.
## Proposal Date:
## To:Becker Water Treatment FacilityFrom:Jennifer Roehl
## Shannon MortensonSummit Fire Protection
## City of Becker418 Great Oak Drive
## PO Box 250, Becker , MN, 55308Waite Park, Minnesota, 56387
Office: (320) 257-6390 Mobile: (320)293-9759
## Service Location:14398 Central Avenue, Becker, MN, 55308Email: jroehl@summitfire.com
## A/P Email Addresssmortenson@ci.becker.mn.us
## Proposal Name:Becker Water Treatment Facility - Inspection - 07/01/2026
## Proposal Number:625119
## AGREEMENT PRICE:$1,510.00
## Agreement Start Date:
## Initial Term End Date:
## Additional Equipment
## 24-HOUR DISPATCHING OF EMERGENCY SERVICES
## QUALITY ASSURANCE AND CONTROL
## INSPECTION SCHEDULING
## On Boarding
## Advanced Inspection Notification
## Work Schedule
## INSPECTION FEE AND PAYMENT OPTIONS
## Inspection Fee Details
This proposal is for Inspection Services to be performed by Summit Fire Protection Co., and/or its subsidiaries (collectively, Summit). Upon execution by the Customer and
Summit this Proposal shall become the ''Agreement.''
July 1, 2026
July 1, 2026
June 30, 2027
In the event additional equipment is installed after the date of this Agreement, the periodic inspection charge shall be negotiated in accordance with Summit’s prevailing
rates. The quantity list may not be inclusive. Upon inspection, if the quantity list changes, then the price may be changed accordingly.
Customer shall pay a fee for work performed on the equipment described herein (the "Inspection Fee"). The Inspection Fee is due upon receipt. If Customer fails to pay the
Inspection Fee within ten (10) days after the date the same is due and payable, Customer shall automatically be assessed and shall pay a late charge equivalent to three
percent (3%) of the amount of such late payment, together with interest on such late payment at the lower of the maximum rate allowed by applicable law or the rate of
eighteen percent (18%) per annum. In addition to the Inspection Fee, Customer agrees to pay all taxes, truck charges, permits, and other charges, including but not limited to
state and local taxes, excise taxes, installation or alarm permits, false alarm or any other charges imposed by any government body. In no event shall Summit be responsible
for any such fee, license, tax, or charges. On the first annual anniversary date of this Agreement, and on each subsequent annual anniversary date thereafter during the term
of the Agreement and any renewal hereof, the Inspection Fee shall automatically be increased by an amount not to exceed five percent (5%) per year.
As a service provided to you, but not included in the base price of this Agreement, Summit will provide 24-hour emergency service at prevailing emergency service labor rates.
Summit has the most comprehensive internal inspector training program in the industry. Summit employees go through a rigorous training program. We also conduct regular
refresher courses for our experienced inspectors to ensure consistency and quality. Follow-up of classroom training is conducted through periodic field audits of our
inspectors to maintain Summit quality standards. Summit field experts provide technical assistance and code consultation to support our test and inspection organization.
Upon approval of this Agreement, all inspection and test details will be entered into our scheduling system. Summit’s service administration team will contact your
authorized representative to establish mutually agreeable inspection and testing dates.
Summit will proactively contact your designated representative to schedule the tests and inspections per the frequencies agreed upon in this Agreement. The scheduling
system records the date of the last inspection performed and creates a proposed schedule for the next required inspection. However, it is the Customer’s responsibility for
final scheduling of the Inspection Services. It is also the Customer’s responsibility to notify all persons who would automatically receive an alarm signal so that no
unnecessary response takes place.
This Agreement is based upon performing all tests and inspections during our regular scheduled working hours, excluding weekends and holidays, unless otherwise specifically
stated in this Agreement. There may be an additional charge for inspections outside of regular scheduled working hours. Summit has the right to charge up to a $500 per
occurrence rescheduling fee if the customer cancels an inspection with less than twenty-four (24) hours of notice.
Summit Fire Protection Co.
## INSPECTION PROPOSAL
## Proposal Number: 625119
## TERM
## CLARIFICATIONS AND SPECIAL PROVISIONS
## PRIOR AGREEMENTS
## SENSITIVITY TESTING, DETECTOR CLEANING, AND AUDIBILITY TESTING FOR FIRE ALARM AND DETECTION SYSTEMS
## ASSIGNEES/SUBCONTRACTORS OF SUMMIT
## CUSTOMER RESPONSIBILITIES
## ALARM MONITORING SERVICES
## CODE COMPLIANCE
The commencement date of this agreement will be the date on which Summit executes this Agreement. The term of this agreement shall be One (1) Year beginning on the
commencement date. The agreement will automatically be renewed at each anniversary for an additional One (1) year term unless terminated by either party by giving
written notice to the other party at least sixty (60) days prior to anniversary date.
If the Customer terminates this Agreement in any manner other than as expressly allowed herein (an “Early Termination”), the Customer agrees to pay, as liquidated damages,
an amount equal to one half (1/2) of the then current total annual Inspection Fee multiplied by the number of years still remaining under the Agreement.
Customer agrees that the sale, conveyance, or transfer of the Service Location (if owned by Customer) shall constitute an Early Termination unless: (i) Summit receives written
notice thereof at least thirty (30) days prior to such sale, conveyance, or transfer; (ii) the purchaser agrees to assume this Agreement; and (iii) Summit consents to such
assumption by the purchaser in its sole discretion. Customer further shall not assign this Agreement without the prior written consent of Summit, any such assignment
constituting an Early Termination. For purposes of this Agreement, an assignment shall be deemed to include a merger, consolidation or reorganization of Customer, transfer
of Customer’s business and assets which includes the occupation of the Service Location, and the sale or transfer of more than forty percent (40%) of the equity ownership
interest in Customer.
If explicitly included within the scope of this Agreement, to help minimize false alarms, and in accordance with NFPA 72, accessible smoke detection devices will be cleaned
using manufacturer’s recommended procedures at a rate of 50% of the devices annually. Devices may be dismantled to expose the smoke chamber (when applicable) and
cleaned using a soft cloth, lint brush, cotton swabs, suitable cleaning solution, or non-electrostatic vacuum. Also, unless explicitly stated this Agreement does not include
audibility testing.
Summit shall have the right to assign this Agreement to any other person, firm or corporation at any time and shall have the further right to subcontract any testing or
inspection service, which it may perform. Customer acknowledges that this Agreement, and particularly those paragraphs relating to Summit’s disclaimer of warranties,
maximum liability, limitation of liability, and third-party indemnification, are a benefit of, and are applicable to, any assignees and/or other subcontractors of Summit, and
that they bind Customer with respect to said assignees and/or subcontractors with the same force and effect as they bind Customer to Summit.
Customer may need to provide (at its own risk and with full responsibility for providing) at least one (1) person to assist Summit technicians for the duration of the inspection.
During the inspection, the Customer’s personnel will receive informal training on basic system functions and proper inspection procedures. If the Customer cannot provide
the assistance required, the scheduled testing and inspection may be cancelled, or the Customer may be billed for additional time expended. Customer shall promptly notify
Summit of any malfunctions in the Covered System(s) which comes to Customer’s attention. This Agreement assumes that any existing system(s) are in operational and
maintainable condition as of the Agreement date. If, upon initial inspection, Summit determines that repairs are recommended, repair charges will be submitted for approval
by the Customer’s on-site representative prior to work. Should such repair work be declined, Summit shall be relieved from all liability arising therefrom.
Any reference to alarm monitoring services in this Agreement is included for pricing purposes only. Alarm monitoring services are performed pursuant to the terms and
conditions of the Summit’s alarm monitoring services agreement.
The Customer acknowledges that the Authority Having Jurisdiction (AHJ) may establish additional requirements for compliance with local codes. Furthermore, Summit is
obligated to perform only the testing and inspections required under the recognized code at the time of the execution of this Agreement. Any additional services or
equipment required will be provided at an additional cost to the Customer.
Customer warrants and represents that Customer is not under any enforceable agreement with any other party concerning testing and inspection of Customer’s fire
suppression system, fire alarm system, security system, and/or special hazard system installed at the premises and furthermore Customer agrees to indemnify and save
harmless Summit against all claims, demands, suits, expenses, and damages by judgment or otherwise, which may be now, or hereafter, incurred as a result of or arising out of
any agreement that Customer may have entered into with any party concerning any such fire suppression system, fire alarm system and/or special hazard system of every
kind and description. Customer will pay all sums, including reasonable attorneys' fees, for the defense of any such claim or suit and reasonable attorneys' fees incurred in the
enforcement of this indemnity provision.
However, This Agreement may be terminated by Summit without prior notice, at the option of Summit, (i) if the rendering of inspection services is no longer possible for any
reason beyond the control of Summit, or (ii) in the event the life safety equipment becomes so substantially deteriorated, damaged, or disabled, in the opinion of Summit that
further inspection services are no longer practicable. If Customer’s life safety equipment is damaged, Summit may choose to (i) suspend its obligations under this Agreement
until such equipment is repaired, or (ii) terminate this Agreement. If Summit elects to suspend its obligations, it will first notify the Customer of the suspension and then the
## AHJ.
## Proposal Number: 625119
## INDEMNIFICATION FOR CLAIMS BY THIRD PARTIES
## WORK NOT INCLUDED
## LIMITATION OF LIABILIT
## Y
## WAIVER OF SUBROGATION RIGHTS
## DISCLAIMER OF WARRANT
## Y
## ADDITIONAL TERMS
The following is specifically excluded from the inspection and testing: WATER SUPPLY – SUMMIT shall not be liable or responsible for the adequacy or condition of the water
supply; ENGINEERING REVIEW – This inspection is not an engineering evaluation of the fire protection systems and equipment. The recommendations and observations that
are made by Summit to Customer during the inspection and review are not to be considered an engineering review; SYSTEM DRAWINGS - Customer shall have sprinkler
drawings available on site to assist the inspector to identify equipment components so that they may be properly located. Customer is responsible for identifying equipment
locations including but not limited to all sprinkler system drain valves.
Customer further agrees to waive any claims against Summit known or unknown that exist as of the date of executing this Proposal as further consideration for Summit
performing this work. No claim arising from or related to this Proposal may be brought more than two (2) years after the claim accrued.
The Customer acknowledges and agrees that Summit has made no representations or warranties, express or implied, as to any matter whatsoever, including without
limitation the adequacy, performance, or condition of the inspected fire and life safety equipment, the equipment’s merchantability, or its fitness for any particular purpose;
nor has the Customer relied on any representations or warranties, express or implied. The Customer further acknowledges and agrees that any affirmation of fact or promise
shall not be deemed to create an express warranty, and that there are no warranties which extend beyond the description on the face hereof. The Customer further
acknowledges and agrees: (a) that Summit is not an insurer, (b) that the Customer assumes all risk of loss or damage to the Customer’s premises or to the contents thereof,
and (c) that the Customer has read and understands all of this Agreement, particularly the paragraphs setting forth limitation of liability and indemnification provisions in the
event of any loss or damage to the Customer or anyone else. IT IS SPECIFICALLY UNDERSTOOD BY THE PARTIES TO THIS AGREEMENT THAT SUMMIT DISCLAIMS THE IMPLIED
WARRANTY OF MERCHANTABILITY AND ANY IMPLIED WARRANTIES OF FITNESS FOR ANY PARTICULAR PURPOSE. SUMMIT AND THE CUSTOMER FURTHER UNDERSTAND AND
AGREE THAT SUMMIT MAKES NO WARRANTIES, EXPRESS OR IMPLIED, OTHER THAN THOSE EXPRESSED IN WRITING BY SUMMIT AND THAT NO REPRESENTATIVE OF SUMMIT
HAS ANY AUTHORITY TO MAKE ANY ADDITIONAL EXPRESS WARRANTIES OR OTHERWISE VARY THE TERMS OF THIS AGREEMENT.
Quoted prices are based on current tariff rates and material costs as of the date of this proposal. In the event that new tariffs are imposed or existing tariffs are increased after
the date of this quote/proposal—resulting in a cost increase to components, systems, or materials included in herein—we reserve the right to adjust pricing accordingly. Any
such adjustment will be supported with documentation from our suppliers or manufacturers and will be communicated prior to order placement or scheduling.
IN THE EVENT ANY PERSON, NOT A PARTY TO THIS AGREEMENT, SHALL MAKE ANY CLAIM OR FILE ANY LAWSUIT AGAINST SUMMIT OR ITS ASSIGNEES OR SUBCONTRACTORS
FOR ANY REASON RELATING TO SUMMIT’S PERFORMANCE PURSUANT TO THIS AGREEMENT, CUSTOMER AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS SUMMIT
AGAINST ALL CLAIMS, LAWSUITS, AND EXPENSES (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES AND COSTS). NO PART OF THIS AGREEMENT SHOULD BE
## READ TO SEEK INDEMNIFICATION FOR SUMMIT’S OWN NEGLIGENCE.
The inspection and testing provided under this Agreement does not include any maintenance, repairs, alterations, replacement of parts or any field adjustments whatsoever.
Summit is not responsible for any inspection or advice concerning insulation, including, but not limited to, the sufficiency or placement of insulation. Summit is not
responsible for testing the pipe slope or advising on the design of the system. Should Customer request un-included work, it will be as an addition to this Agreement. Summit
shall either obtain Customer’s prior authorization to proceed with additional work or shall furnish the Customer with an estimated price before the additional work is
performed. Inspection and testing are limited to accessible devices, those where access can be obtained without restriction at the scheduled time of the inspection and
testing and does not exceed heights obtainable with a ten (10) foot ladder. In no event will Summit be required to move personal property, equipment, walls, and/or ceilings
or like obstructions which may impede access or limit visibility. If a return trip is required due to access problems, such return trip will be billed at Summit normal prevailing
rate. The following are specifically excluded from the inspection and testing: Equipment on or in public streets, roads, or rights of way; Public fire hydrants; Confined space
requirements as defined by OSHA; Winterizations; 5-year check valve tests. This Agreement covers common areas only and does not include individual residential units or
tenant spaces of retail establishments.
Deficiencies and defects which are latent or concealed are excluded from inspections. For systems not installed by Summit, Summit makes no warranty and performance of
the system, and inspections and/or testing under this Agreement shall not be deemed to provide any warranty as to the functionality and design of the original installed
system(s). It is understood that Summit is not an insurer, and insurance, if any, shall be obtained by and be the sole responsibility of the Customer and that the amounts
payable to Summit hereunder are based upon the value of the inspection services. SUMMIT’S LIABILITY TO CUSTOMER FOR PERSONAL INJURY, DEATH, PROPERTY DAMAGE
OR OTHER DAMAGES ARISING FROM PERFORMANCE OF THIS AGREEMENT SHALL BE LIMITED SOLELY TO THOSE PAYMENTS MADE TO SUMMIT UNDER THIS AGREEMENT.
Customer shall hold Summit harmless from any and all third party claims for personal injury, death or property damage arising from Customer’s failure to maintain its fire
protection systems or keep them in operative condition or circumstances beyond Summit’s control, including but not limited to damages to the fire protection system or
Customer’s property caused by water leakage, freezing pipes, loss of power, acts of God or other similar causes beyond the control of Summit. IN NO EVENT SHALL SUMMIT
BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR ANY OTHER DAMAGES OF ANY CHARACTER, INCLUDING BUT NOT LIMITED TO THE LOSS OF USE OF
THE CUSTOMER’S PROPERTY, LOST PROFITS OR LOST PRODUCTION, WHETHER CLAIMED BY CUSTOMER OR BY ANY THIRD PARTY, IRRESPECTIVE OF WHETHER CLAIMS OR
ACTIONS FOR SUCH DAMAGES ARE BASED UPON CONTRACT, WARRANTY, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHERWISE.
The Customer acknowledges that Summit is not an insurer, that each party agrees to obtain insurance coverage, and that each party shall rely exclusively upon such insurance
coverage to recover for damages in any way attributable to this Agreement. Customer waives all rights against Summit and any of its subcontractors, sub-subcontractors,
agents, and employees, including the rights of Customer’s current and future insurers, for losses suffered at work sites subject to this Agreement which are covered by
property insurance or other insurance applicable to losses caused by damages of any sort at work sites. This waiver shall apply to all insurance policies of Customer, whether
such policy exists at time of contracting or is subsequently acquired by Customer thereafter. Customer or Summit, as appropriate, shall require of subcontractors, sub-
subcontractors, agents, and employees of the other party, by appropriate agreements, written where legally required for validity, similar waivers each in favor of the other
parties enumerated herein. A waiver of subrogation shall be effective as to a person or entity even though that person or entity would otherwise have a duty of
indemnification, contractual or otherwise, did not pay the insurance premium directly or indirectly, and whether or not the per
son or entity had an insurable interest in the
property damages.
## Proposal Number: 625119
## ATTORNEYS’ FEES/WAIVER OF JURY
## GOVERNING LAW, JURISDICTION
## TEMPORARY FUEL SURCHARGE
## ACCEPTANCE
## Submitted by: Jennifer Roehl
## Title: Inspection Sales Rep
CUSTOMERSummit Fire Protection Co.
## Approved by Authorized RepresentativeApproved by Authorized Representative
## By: By:
## Print Name: Print Name:
## Title: Title:
## Date: Date:
## Email:
## Company:
Fuel costs are monitored using the US Bureau of Labor Statistics National Average Gas Price (https://data.bls.gov/timeseries/APU000074714 ). When the national average
price of regular gasoline is $3.50 per gallon or above, Summit will charge a fuel surcharge of up to $25 per trip. The Fuel Surcharge will be suspended when prices drop below
$3.50 per gallon.
If Summit engages counsel to enforce any rights or defenses provided for in this Agreement, Summit shall be entitled to recover from Subscriber the costs and expenses
associated with such enforcement, including without limitation, its reasonable attorney’s fees, and costs. THE PARTIES AGREE TO WAIVE A JURY TRIAL FOR ANY DISPUTE
## ARISING FROM THIS AGREEMENT.
This Agreement shall be governed exclusively by, and construed exclusively in accordance with, the laws of the State of Minnesota. Customer irrevocably agrees to the
exclusive jurisdiction of the Courts of Ramsey County, Minnesota, or such other venue as may be mutually agreed upon, and Customer irrevocably agrees to service of process
via certified mail, return receipt requested, to Customer at the address set forth herein. However, nothing stated herein shall in any manner prevent or preclude Summit from
bringing any one or more actions against Customer in any jurisdiction in the United States in which Customer conducts business.
This proposal, when accepted by you below and approved by our authorized representative, will constitute the entire exclusive agreement between us for the services to be
provided and Customer authorization to perform as outlined herein. All prior or contemporaneous oral or written representations or agreements not incorporated herein will
be superseded. We do not give up rights under any existing agreement until this proposal is fully executed. The customer’s issuance of a purchase order to Summit shall be
deemed acceptance of this Agreement. Terms and conditions that differ from those contained in this Agreement that may appear on this Customer’s purchase orders shall
not be binding on Summit unless specifically agreed to in writing signed by an authorized representative of Summit. This Agreement may not be changed, modified, revised,
or amended unless in writing signed by you and an authorized representative of Summit. Further, any manual changes to this form will not be effective as to Summit unless
initialed in the margin by an authorized representative of Summit. This Quotation is valid for thirty (30) days from the proposal date.
All Prices quoted are valid for 30 days from the proposal date.
## Proposal Name:Pebble Creek Golf Course - Inspection - 07/01/2026
## Proposal Number:625180
## AGREEMENT PRICE:$948.00
## Client
## Name:
## Becker, MN, 55308
## Contact:
## Phone:Cell:
## Cell:
## Email:Cell:
## EQUIPMENT DESCRIPTION:
Summary of the life safety equipment for the purpose of test and inspection. Parts billed separately.
## QtyFrequencyAnnual Cost
## Fire Extinguisher Inspection - Annual17170.00$
## Truck Charge - Agreement120.00$
## Pre-Engineered Systems - Semi-Annual1200.00$
## Pre-Engineered Systems - Each Additional Cyli2104.00$
## Piping Integrity Puff Test145.00$
## Truck Charge - Agreement0-$
## Pre-Engineered Systems - Semi-Annual1200.00$
## Pre-Engineered Systems - Each Additional Cyli2104.00$
## Piping Integrity Puff Test145.00$
## Truck Charge - Agreement160.00$
## TOTALS948.00$
## NOTES
## AnnualJuly
## Semi-AnnualJuly
## Semi-AnnualJanuary
smortenson@ci.becker.mn.us
## Inspection Location
## Name:
## Address:
Contact 1:
## Phone:
Contact 2:
## Phone:
## City of Becker
## PO Box 250
Becker , MN, 55308
## Shannon Mortenson
(763)200-4247
This proposal is for Inspection Services to be performed by Summit Fire Protection Co., and/or its subsidiaries (collectively, Summit). Upon execution by the
Customer and Summit this Proposal shall become the ''Agreement.''
## SystemsMonth
## Pebble Creek Golf Course
## 14000 Club House Lane
## Shannon Mortenson
0
0
(763)200-4247
## Address:
Summit Fire Protection Co.
## COVER SHEET
All Prices quoted are valid for 30 days from the proposal date.
## Proposal Date:
## To:Pebble Creek Golf CourseFrom:Jennifer Roehl
## Shannon MortensonSummit Fire Protection
## City of Becker418 Great Oak Drive
## PO Box 250, Becker , MN, 55308Waite Park, Minnesota, 56387
Office: (320) 257-6390 Mobile: (320)293-9759
## Service Location:14000 Club House Lane, Becker, MN, 55308Email: jroehl@summitfire.com
## A/P Email Addresssmortenson@ci.becker.mn.us
## Proposal Name:Pebble Creek Golf Course - Inspection - 07/01/2026
## Proposal Number:625180
## AGREEMENT PRICE:$948.00
## Agreement Start Date:
## Initial Term End Date:
## United Laboratories, Inc. (UL) Fire Alarm Testing and Inspection
## Additional Equipment
## 24-HOUR DISPATCHING OF EMERGENCY SERVICES
## QUALITY ASSURANCE AND CONTROL
## INSPECTION SCHEDULING
## On Boarding
## Advanced Inspection Notification
## Work Schedule
## INSPECTION FEE AND PAYMENT OPTIONS
## Inspection Fee Details
The System(s) inspection and testing will be performed in accordance with UL's requirements for the indicated System Category.
As a service provided to you, but not included in the base price of this Agreement, Summit will provide 24-hour emergency service at prevailing emergency service labor rates.
Summit has the most comprehensive internal inspector training program in the industry. Summit employees go through a rigorous training program. We also conduct regular
refresher courses for our experienced inspectors to ensure consistency and quality. Follow-up of classroom training is conducted through periodic field audits of our
inspectors to maintain Summit quality standards. Summit field experts provide technical assistance and code consultation to support our test and inspection organization.
Upon approval of this Agreement, all inspection and test details will be entered into our scheduling system. Summit’s service administration team will contact your
authorized representative to establish mutually agreeable inspection and testing dates.
Summit will proactively contact your designated representative to schedule the tests and inspections per the frequencies agreed upon in this Agreement. The scheduling
system records the date of the last inspection performed and creates a proposed schedule for the next required inspection. However, it is the Customer’s responsibility for
final scheduling of the Inspection Services. It is also the Customer’s responsibility to notify all persons who would automatically receive an alarm signal so that no
unnecessary response takes place.
This Agreement is based upon performing all tests and inspections during our regular scheduled working hours, excluding weekends and holidays, unless otherwise specifically
stated in this Agreement. There may be an additional charge for inspections outside of regular scheduled working hours. Summit has the right to charge up to a $500 per
occurrence rescheduling fee if the customer cancels an inspection with less than twenty-four (24) hours of notice.
In the event additional equipment is installed after the date of this Agreement, the periodic inspection charge shall be negotiated in accordance with Summit’s prevailing
rates. The quantity list may not be inclusive. Upon inspection, if the quantity list changes, then the price may be changed accordingly.
Customer shall pay a fee for work performed on the equipment described herein (the "Inspection Fee"). The Inspection Fee is due upon receipt. If Customer fails to pay the
Inspection Fee within ten (10) days after the date the same is due and payable, Customer shall automatically be assessed and shall pay a late charge equivalent to three
percent (3%) of the amount of such late payment, together with interest on such late payment at the lower of the maximum rate allowed by applicable law or the rate of
eighteen percent (18%) per annum. In addition to the Inspection Fee, Customer agrees to pay all taxes, truck charges, permits, and other charges, including but not limited to
state and local taxes, excise taxes, installation or alarm permits, false alarm or any other charges imposed by any government body. In no event shall Summit be responsible
for any such fee, license, tax, or charges. On the first annual anniversary date of this Agreement, and on each subsequent annual anniversary date thereafter during the term
of the Agreement and any renewal hereof, the Inspection Fee shall automatically be increased by an amount not to exceed five percent (5%) per year.
This proposal is for Inspection Services to be performed by Summit Fire Protection Co., and/or its subsidiaries (collectively, Summit). Upon execution by the Customer and
Summit this Proposal shall become the ''Agreement.''
July 1, 2026
July 1, 2026
June 30, 2029
Summit Fire Protection Co.
## INSPECTION PROPOSAL
## Proposal Number: 625180
## TERM
## CLARIFICATIONS AND SPECIAL PROVISIONS
## PRIOR AGREEMENTS
## SENSITIVITY TESTING, DETECTOR CLEANING, AND AUDIBILITY TESTING FOR FIRE ALARM AND DETECTION SYSTEMS
## ASSIGNEES/SUBCONTRACTORS OF SUMMIT
## CUSTOMER RESPONSIBILITIES
## ALARM MONITORING SERVICES
## CODE COMPLIANCE
Customer warrants and represents that Customer is not under any enforceable agreement with any other party concerning testing and inspection of Customer’s fire
suppression system, fire alarm system, security system, and/or special hazard system installed at the premises and furthermore Customer agrees to indemnify and save
harmless Summit against all claims, demands, suits, expenses, and damages by judgment or otherwise, which may be now, or hereafter, incurred as a result of or arising out of
any agreement that Customer may have entered into with any party concerning any such fire suppression system, fire alarm system and/or special hazard system of every
kind and description. Customer will pay all sums, including reasonable attorneys' fees, for the defense of any such claim or suit and reasonable attorneys' fees incurred in the
enforcement of this indemnity provision.
However, This Agreement may be terminated by Summit without prior notice, at the option of Summit, (i) if the rendering of inspection services is no longer possible for any
reason beyond the control of Summit, or (ii) in the event the life safety equipment becomes so substantially deteriorated, damaged, or disabled, in the opinion of Summit that
further inspection services are no longer practicable. If Customer’s life safety equipment is damaged, Summit may choose to (i) suspend its obligations under this Agreement
until such equipment is repaired, or (ii) terminate this Agreement. If Summit elects to suspend its obligations, it will first notify the Customer of the suspension and then the
## AHJ.
The commencement date of this agreement will be the date on which Summit executes this Agreement. The term of this agreement shall be Three (3) Years beginning on the
commencement date. The agreement will automatically be renewed at each anniversary for an additional One (1) year term unless terminated by either party by giving
written notice to the other party at least sixty (60) days prior to anniversary date.
If the Customer terminates this Agreement in any manner other than as expressly allowed herein (an “Early Termination”), the Customer agrees to pay, as liquidated damages,
an amount equal to one half (1/2) of the then current total annual Inspection Fee multiplied by the number of years still remaining under the Agreement.
Customer agrees that the sale, conveyance, or transfer of the Service Location (if owned by Customer) shall constitute an Early Termination unless: (i) Summit receives written
notice thereof at least thirty (30) days prior to such sale, conveyance, or transfer; (ii) the purchaser agrees to assume this Agreement; and (iii) Summit consents to such
assumption by the purchaser in its sole discretion. Customer further shall not assign this Agreement without the prior written consent of Summit, any such assignment
constituting an Early Termination. For purposes of this Agreement, an assignment shall be deemed to include a merger, consolidation or reorganization of Customer, transfer
of Customer’s business and assets which includes the occupation of the Service Location, and the sale or transfer of more than forty percent (40%) of the equity ownership
interest in Customer.
If explicitly included within the scope of this Agreement, to help minimize false alarms, and in accordance with NFPA 72, accessible smoke detection devices will be cleaned
using manufacturer’s recommended procedures at a rate of 50% of the devices annually. Devices may be dismantled to expose the smoke chamber (when applicable) and
cleaned using a soft cloth, lint brush, cotton swabs, suitable cleaning solution, or non-electrostatic vacuum. Also, unless explicitly stated this Agreement does not include
audibility testing.
Summit shall have the right to assign this Agreement to any other person, firm or corporation at any time and shall have the further right to subcontract any testing or
inspection service, which it may perform. Customer acknowledges that this Agreement, and particularly those paragraphs relating to Summit’s disclaimer of warranties,
maximum liability, limitation of liability, and third-party indemnification, are a benefit of, and are applicable to, any assignees and/or other subcontractors of Summit, and
that they bind Customer with respect to said assignees and/or subcontractors with the same force and effect as they bind Customer to Summit.
Customer may need to provide (at its own risk and with full responsibility for providing) at least one (1) person to assist Summit technicians for the duration of the inspection.
During the inspection, the Customer’s personnel will receive informal training on basic system functions and proper inspection procedures. If the Customer cannot provide
the assistance required, the scheduled testing and inspection may be cancelled, or the Customer may be billed for additional time expended. Customer shall promptly notify
Summit of any malfunctions in the Covered System(s) which comes to Customer’s attention. This Agreement assumes that any existing system(s) are in operational and
maintainable condition as of the Agreement date. If, upon initial inspection, Summit determines that repairs are recommended, repair charges will be submitted for approval
by the Customer’s on-site representative prior to work. Should such repair work be declined, Summit shall be relieved from all liability arising therefrom.
Any reference to alarm monitoring services in this Agreement is included for pricing purposes only. Alarm monitoring services are performed pursuant to the terms and
conditions of the Summit’s alarm monitoring services agreement.
The Customer acknowledges that the Authority Having Jurisdiction (AHJ) may establish additional requirements for compliance with local codes. Furthermore, Summit is
obligated to perform only the testing and inspections required under the recognized code at the time of the execution of this Agreement. Any additional services or
equipment required will be provided at an additional cost to the Customer.
## Proposal Number: 625180
## INDEMNIFICATION FOR CLAIMS BY THIRD PARTIES
## WORK NOT INCLUDED
## LIMITATION OF LIABILIT
## Y
## WAIVER OF SUBROGATION RIGHTS
## DISCLAIMER OF WARRANT
## Y
## ADDITIONAL TERMS
Quoted prices are based on current tariff rates and material costs as of the date of this proposal. In the event that new tariffs are imposed or existing tariffs are increased after
the date of this quote/proposal—resulting in a cost increase to components, systems, or materials included in herein—we reserve the right to adjust pricing accordingly. Any
such adjustment will be supported with documentation from our suppliers or manufacturers and will be communicated prior to order placement or scheduling.
IN THE EVENT ANY PERSON, NOT A PARTY TO THIS AGREEMENT, SHALL MAKE ANY CLAIM OR FILE ANY LAWSUIT AGAINST SUMMIT OR ITS ASSIGNEES OR SUBCONTRACTORS
FOR ANY REASON RELATING TO SUMMIT’S PERFORMANCE PURSUANT TO THIS AGREEMENT, CUSTOMER AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS SUMMIT
AGAINST ALL CLAIMS, LAWSUITS, AND EXPENSES (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES AND COSTS). NO PART OF THIS AGREEMENT SHOULD BE
## READ TO SEEK INDEMNIFICATION FOR SUMMIT’S OWN NEGLIGENCE.
The inspection and testing provided under this Agreement does not include any maintenance, repairs, alterations, replacement of parts or any field adjustments whatsoever.
Summit is not responsible for any inspection or advice concerning insulation, including, but not limited to, the sufficiency or placement of insulation. Summit is not
responsible for testing the pipe slope or advising on the design of the system. Should Customer request un-included work, it will be as an addition to this Agreement. Summit
shall either obtain Customer’s prior authorization to proceed with additional work or shall furnish the Customer with an estimated price before the additional work is
performed. Inspection and testing are limited to accessible devices, those where access can be obtained without restriction at the scheduled time of the inspection and
testing and does not exceed heights obtainable with a ten (10) foot ladder. In no event will Summit be required to move personal property, equipment, walls, and/or ceilings
or like obstructions which may impede access or limit visibility. If a return trip is required due to access problems, such return trip will be billed at Summit normal prevailing
rate. The following are specifically excluded from the inspection and testing: Equipment on or in public streets, roads, or rights of way; Public fire hydrants; Confined space
requirements as defined by OSHA; Winterizations; 5-year check valve tests. This Agreement covers common areas only and does not include individual residential units or
tenant spaces of retail establishments.
Deficiencies and defects which are latent or concealed are excluded from inspections. For systems not installed by Summit, Summit makes no warranty and performance of
the system, and inspections and/or testing under this Agreement shall not be deemed to provide any warranty as to the functionality and design of the original installed
system(s). It is understood that Summit is not an insurer, and insurance, if any, shall be obtained by and be the sole responsibility of the Customer and that the amounts
payable to Summit hereunder are based upon the value of the inspection services. SUMMIT’S LIABILITY TO CUSTOMER FOR PERSONAL INJURY, DEATH, PROPERTY DAMAGE
OR OTHER DAMAGES ARISING FROM PERFORMANCE OF THIS AGREEMENT SHALL BE LIMITED SOLELY TO THOSE PAYMENTS MADE TO SUMMIT UNDER THIS AGREEMENT.
Customer shall hold Summit harmless from any and all third party claims for personal injury, death or property damage arising from Customer’s failure to maintain its fire
protection systems or keep them in operative condition or circumstances beyond Summit’s control, including but not limited to damages to the fire protection system or
Customer’s property caused by water leakage, freezing pipes, loss of power, acts of God or other similar causes beyond the control of Summit. IN NO EVENT SHALL SUMMIT
BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR ANY OTHER DAMAGES OF ANY CHARACTER, INCLUDING BUT NOT LIMITED TO THE LOSS OF USE OF
THE CUSTOMER’S PROPERTY, LOST PROFITS OR LOST PRODUCTION, WHETHER CLAIMED BY CUSTOMER OR BY ANY THIRD PARTY, IRRESPECTIVE OF WHETHER CLAIMS OR
ACTIONS FOR SUCH DAMAGES ARE BASED UPON CONTRACT, WARRANTY, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHERWISE.
The Customer acknowledges that Summit is not an insurer, that each party agrees to obtain insurance coverage, and that each party shall rely exclusively upon such insurance
coverage to recover for damages in any way attributable to this Agreement. Customer waives all rights against Summit and any of its subcontractors, sub-subcontractors,
agents, and employees, including the rights of Customer’s current and future insurers, for losses suffered at work sites subject to this Agreement which are covered by
property insurance or other insurance applicable to losses caused by damages of any sort at work sites. This waiver shall apply to all insurance policies of Customer, whether
such policy exists at time of contracting or is subsequently acquired by Customer thereafter. Customer or Summit, as appropriate, shall require of subcontractors, sub-
subcontractors, agents, and employees of the other party, by appropriate agreements, written where legally required for validity, similar waivers each in favor of the other
parties enumerated herein. A waiver of subrogation shall be effective as to a person or entity even though that person or entity would otherwise have a duty of
indemnification, contractual or otherwise, did not pay the insurance premium directly or indirectly, and whether or not the person or entity had an insurable interest in the
property damages.
Customer further agrees to waive any claims against Summit known or unknown that exist as of the date of executing this Proposal as further consideration for Summit
performing this work. No claim arising from or related to this Proposal may be brought more than two (2) years after the claim accrued.
The Customer acknowledges and agrees that Summit has made no representations or warranties, express or implied, as to any matter whatsoever, including without
limitation the adequacy, performance, or condition of the inspected fire and life safety equipment, the equipment’s merchantability, or its fitness for any particular purpose;
nor has the Customer relied on any representations or warranties, express or implied. The Customer further acknowledges and agrees that any affirmation of fact or promise
shall not be deemed to create an express warranty, and that there are no warranties which extend beyond the description on the face hereof. The Customer further
acknowledges and agrees: (a) that Summit is not an insurer, (b) that the Customer assumes all risk of loss or damage to the Customer’s premises or to the contents thereof,
and (c) that the Customer has read and understands all of this Agreement, particularly the paragraphs setting forth limitation of liability and indemnification provisions in the
event of any loss or damage to the Customer or anyone else. IT IS SPECIFICALLY UNDERSTOOD BY THE PARTIES TO THIS AGREEMENT THAT SUMMIT DISCLAIMS THE IMPLIED
WARRANTY OF MERCHANTABILITY AND ANY IMPLIED WARRANTIES OF FITNESS FOR ANY PARTICULAR PURPOSE. SUMMIT AND THE CUSTOMER FURTHER UNDERSTAND AND
AGREE THAT SUMMIT MAKES NO WARRANTIES, EXPRESS OR IMPLIED, OTHER THAN THOSE EXPRESSED IN WRITING BY SUMMIT AND THAT NO REPRESENTATIVE OF SUMMIT
HAS ANY AUTHORITY TO MAKE ANY ADDITIONAL EXPRESS WARRANTIES OR OTHERWISE VARY THE TERMS OF THIS AGREEMENT.
The following is specifically excluded from the inspection and testing: WATER SUPPLY – SUMMIT shall not be liable or responsible for the adequacy or condition of the water
supply; ENGINEERING REVIEW – This inspection is not an engineering evaluation of the fire protection systems and equipment. The recommendations and observations that
are made by Summit to Customer during the inspection and review are not to be considered an engineering review; SYSTEM DRAWINGS - Customer shall have sprinkler
drawings available on site to assist the inspector to identify equipment components so that they may be properly located. Cust
omer is responsible for identifying equipment
locations including but not limited to all sprinkler system drain valves.
## Proposal Number: 625180
## ATTORNEYS’ FEES/WAIVER OF JURY
## GOVERNING LAW, JURISDICTION
## TEMPORARY FUEL SURCHARGE
## ACCEPTANCE
## Submitted by: Jennifer Roehl
## Title: Inspection Sales Rep
CUSTOMERSummit Fire Protection Co.
## Approved by Authorized RepresentativeApproved by Authorized Representative
## By: By:
## Print Name: Print Name:
## Title: Title:
## Date: Date:
## Email:
## Company:
This Agreement shall be governed exclusively by, and construed exclusively in accordance with, the laws of the State of Minnesota. Customer irrevocably agrees to the
exclusive jurisdiction of the Courts of Ramsey County, Minnesota, or such other venue as may be mutually agreed upon, and Customer irrevocably agrees to service of process
via certified mail, return receipt requested, to Customer at the address set forth herein. However, nothing stated herein shall in any manner prevent or preclude Summit from
bringing any one or more actions against Customer in any jurisdiction in the United States in which Customer conducts business.
This proposal, when accepted by you below and approved by our authorized representative, will constitute the entire exclusive agreement between us for the services to be
provided and Customer authorization to perform as outlined herein. All prior or contemporaneous oral or written representations or agreements not incorporated herein will
be superseded. We do not give up rights under any existing agreement until this proposal is fully executed. The customer’s issuance of a purchase order to Summit shall be
deemed acceptance of this Agreement. Terms and conditions that differ from those contained in this Agreement that may appear on this Customer’s purchase orders shall
not be binding on Summit unless specifically agreed to in writing signed by an authorized representative of Summit. This Agreement may not be changed, modified, revised,
or amended unless in writing signed by you and an authorized representative of Summit. Further, any manual changes to this form will not be effective as to Summit unless
initialed in the margin by an authorized representative of Summit. This Quotation is valid for thirty (30) days from the proposal date.
If Summit engages counsel to enforce any rights or defenses provided for in this Agreement, Summit shall be entitled to recover from Subscriber the costs and expenses
associated with such enforcement, including without limitation, its reasonable attorney’s fees, and costs. THE PARTIES AGREE TO WAIVE A JURY TRIAL FOR ANY DISPUTE
## ARISING FROM THIS AGREEMENT.
Fuel costs are monitored using the US Bureau of Labor Statistics National Average Gas Price (https://data.bls.gov/timeseries/APU000074714 ). When the national average
price of regular gasoline is $3.50 per gallon or above, Summit will charge a fuel surcharge of up to $25 per trip. The Fuel Surcharge will be suspended when prices drop below
$3.50 per gallon.