1c. Approve Amendment 1 with Met Council
CITY OF
CHANHASSEN
7700 Market Boulevard
PO Box 147
Chanhassen, MN 55317
Administration
Phone: 952,227,1100
Fax: 952,227.1110
Building Inspections
Phone: 952,227.1180
Fax: 952,227,1190
Engineering
Phone: 952,227,1160
Fax: 952,227.1170
Finance
Phone: 952,227.1140
Fax: 952,227.1110
Park & Recreation
Phone: 952,227.1120
Fax: 952,227.1110
Recreation Center
2310 Coulter Boulevard
Phone: 952,227.1400
Fax: 952,227.1404
Planning &
Natural Resources
Phone: 952,227,1130
Fax: 952,227.1110
Public Works
1591 Park Road
Phone: 952,227,1300
Fax: 952,227.1310
Senior Center
Phone: 952,227.1125
Fax: 952,227.1110
Web Site
www.ci.chanhassen.mn.us
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MEMORANDUM
TO:
Todd Gerhardt, City Manager
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FROM:
Paul Oehme, Dir. of Public W orks/ City Engineer
DATE:
March 22, 2010
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SUBJ:
Approve License Agreement Amendment No.1 with the
Metropolitan Council for Chanhassen Sanitary Disposal Site
PW077B
PROPOSED MOTION
"The City Council approves Amendment No.1 to the License Agreement with
the Metropolitan Council for Chanhassen Sanitary Disposal Site."
City Council approval requires a simple majority vote of the City Council
present.
DISCUSSION
In December, 1998, the City of Chanhassen entered into a license agreement with
the Metropolitan Council Environmental Services (MCES) to permit a disposal
site within the city. This disposal site is located at 8001 Park Place and allows
private septic sewer pumping contracts to have a safe, efficient and
environmentally friendly location to dispose of the sewage within the city. The
disposal site is constructed over a MCES sewer line and is metered so the City
will not be charged for the disposed of flow.
The license agreement was renewed on June 1, 2004 for a term ending on
May 31, 2014. The City has not had any issues with this disposal site and staff
believes the terms of the agreement remain acceptable.
The Metropolitan Council is requesting the City approve Amendment No. I to the
license agreement. The four amendments to the agreement are as follows: First,
the amendment would allow the City of Chanhassen to use the truck scale at no
cost; Second, the agreement would be extended three years to May 31, 2017;
Third, the payment per year would be extended at the same license rate of
$500.00 per year; Lastly, the addresses of the agencies would be updated.
Staff has reviewed the agreement and finds it acceptable.
c: Linda Thayer, Metropolitan Council
Attachment: Amendment No.1
g\eng\PUbljC\PWOCh~~h~Jse~1s)aecomn~unlWfoCr Life - Providing for Today and Planning for Tomorrow
AMENDMENT NO.1
TO LICENSE AGREEMENT
This Amendment No. 1 to License Agreement, is effective as of , IS
entered into by and between the City of Chanhassen, a Minnesota municipal corporation
(hereinafter referred to as "Licensor") and the Metropolitan Council, a public corporation and
political subdivision ofthe State of Minnesota (hereinafter referred to as "Licensee").
RECITALS
1. Licensor and Licensee entered into a License Agreement effective June 1, 2004 ("License
Agreement) for use of the property described in Exhibit A to the License Agreement by Licensee
as a septage disposal site.
2. Section 8 of the License Agreement provides that any modification of the License
Agreement must be evidenced in writing signed by each party or an authorized representative of
each party.
3. Licensor and Licensee now have determined that it is their mutual best interests to amend
the License Agreement.
NOW, THEREFORE, for valuable consideration, the receipt of which is hereby
acknowledged, Licensor and Licensee agree that the License Agreement is amended as follows:
1. Section 2. Add the following sentence to the end of existing Section 2:
Licensor may, without charge, use the truck scale owned by Licensee on the
Licensed Premises.
2. Section 3. Delete the existing Section 3 and substitute therefore the following new
Section 3:
Section 3. Term. The term of this License Agreement shall be thirteen (13) years
commencing on June 1, 2004 ("Commencement Date") and ending May 31, 2017.
3. Section 4. Delete the existing Section 4 and substitute therefore the following new
Section 4:
Section 4. Payment. For the period June 1, 2004, and ending May 31, 2014,
Licensee shall pay Licensor for this license at the rate of Five Hundred Dollars
($500.00) per year payable in full on the Commencement Date as a single lump
sum payment of Five Thousand Dollars ($5,000.00). For the period commencing
on June 1,2014, and ending May 31, 2017, Licensee shall pay Licensor for this
license at the rate of Five Hundred Dollars ($500.00) per year, payable in full on
June 1, 2014, as a single lump sum payment of One Thousand Five Hundred
Dollars ($1,500.00).
4. Section 9. Delete the addresses for Licensor and Licensee in the existing Section 9, and
substitute therefore the following new Licensee and Licensor addresses:
Licensor:
Director of Public Warks
City of Chanhassen
7700 Market Blvd., P.O. Box 147
Chanhassen, MN 55317
Licensee:
General Manager of Metropolitan Council
Environmental Services, Wastewater Services
Metropolitan Council
390 North Robert Street
S1. Paul, MN 55101-1626
5. Exhibit A. Delete the Exhibit A attached to the existing License Agreement and
substitute therefore the Exhibit A attached to this Amendment No.1.
6. In all other respects, the License remains the same.
IN WITNESS WHEREOF, the parties hereto have entered into this Agreement the day
and year first above written.
LICENSOR:
CITY OF CHANHASSEN
Thomas A. Furlong, Mayor
LICENSEE:
METROPOLITAN Cr;IL
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By:
Its:
By:
By:
Todd Gerhardt
City Manager/Clerk
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STATE OF MINNESOTA )
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this _ day of
, 2007, by Thomas A. Furlong and Todd Gerhardt, the Mayor and
City Manager/Clerk of the CITY OF CHANHASSEN, a Minnesota municipal corporation, on its
behalf and through the authority granted by its City Council.
Notary Public
STATE OF MINNESOTA
)
) ss.
)
COUNTY OF I{~
The foregoing instrument was acknowledged before me this I~ day of
4~ , 2007, by. ~~h-u)/.Li )o"'h~nd , of the
METROPOLITAN COUNCIL, a public corporation and political subdivision of the State of
Minnesota, on its behalf.
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No y Public
WV:f'w1/~W.#tiw~fl~6%~W~~~m
ELIZABETH MARQUARDT'
NOTARY PUBLlC.M!NNEOOTA .
My Commission Expires Jan. 81 201 0
M.N\f~0l
THIS INSTRUMENT WAS DRAFTED BY:
Jeanne K. Matross
Associate General Counsel
License No. 68615
Metropolitan Council
390 Robert Street North
St. Paul, MN 55101
(651) 602-1108
EXHIBIT A
Description of Licensor's Propertv:
Outlot A, Chanhassen Lakes Business Park 5th Addition, according to the recorded plat
thereof, Carver County, Minnesota, evidenced by Certificate of Title No. 15985.
Description of Licensed Premises:
That part of Outlot A, Chanhassen Lakes Business Park 5th Addition, according to the recorded
plat thereof, Carver County, Minnesota, described as follows:
Beginning at the Southwest corner of said Outlot A; thence northeasterly along the
southerly line of said Outlot A, a distance of 190.00 feet; thence northwesterly parallel
with the easterly line of said Outlot A, a distance of 80.00 feet; thence southwesterly
parallel with the southerly line of said Outlot A, a distance of 260.00 feet, to the westerly
line of said Outlot A; thence southeasterly along the westerly line of said Outlot A, a
distance of 99.00 feet to the point of beginning.