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J-1c. MCES Sewer Connection and Maintenance Agreement0 CITY OF CAAN6ASSEN 7700 Market Boulevard PC 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 7901 Park Place Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.2271125 Fax: 952.227.1110 Web Site www.d.chanhassen.nnn.us MEMORANDUM TO: Paul Oehme, Director of Public Works/City _Engineer U FROM: Alyson Fauske, Assistant City Enginee>j (�' DATE: October 28, 2013 vvv"` D SUBJ: Approve Metropolitan Council Environmental Services (MCES) Sewer Connection and Maintenance Agreement, MCES Connection Permit No. 1792, MCES Interceptor No. 8253 -328 PROPOSED MOTION "The City Council is recommended to approve the attached Metropolitan Council Environmental Services Sewer Connection and Maintenance Agreement, MCES Connection Permit No. 1792, MCES Interceptor No. 8253- 328. City Council approval requires a simple majority vote of the City Council present. The Powers Pointe development is located west of Powers Boulevard, south of the railroad tracks. The closest sanitary sewer to service the property is the Metropolitan Council Environmental Services (MCES) interceptor to the west of the property, within a City -owned outlot. The developer proposes a drop -style connection to the interceptor to minimize disturbance to the wooded slope that exists between the proposed building and the interceptor. The MCES requires that this type of connection be City - owned, with the City entering into the attached maintenance agreement. The agreement is acceptable to the City's attorney. The Powers Pointe Development Contract states that "costs resulting from the terms of the Metropolitan Council Environmental Services Connection and Maintenance Agreement shall be paid by the property owner ". The Development Contract is recorded against the property and runs with the land. Attachment: MCES Agreement c: Brandon Champeau, United Properties g:\eng \projects \p -s \powers pointe \10 -28 -2013 approve mces agmt.docx Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow METROPOLITAN COUNCIL ENVIRONMENTAL SERVICES SEWER CONNECTION AND MAINTENANCE AGREEMENT Connection Permit No. 1792 MCES Interceptor No. 8253 -328 THIS AGREEMENT made and entered into this 28th day of October, 2013, by and between the City of Chanhassen, a Minnesota Municipal Corporation, its successors and assigns and the Metropolitan Council, a public corporation and political subdivision of the state, WHEREAS, the City of Chanhassen, shall be connecting its sanitary sewer collection system to the Metropolitan Council Environmental Services Interceptor No. 8253 -328; and WHEREAS, the only feasible connection to the interceptor will involve an inside drop section on Metropolitan Council Environmental Services Maintenance Structure No. MH 18; and WHEREAS, the City of Chanhassen, must obtain a connection permit from the Metropolitan Council Environmental Services; and WHEREAS, the Metropolitan Council Environmental Services requires the following as a condition of the permit: 1. The City of Chanhassen, assumes the responsibility of possible added costs involved in maintaining the interceptor due to the inside drop connection and reimbursing the Metropolitan Council Environmental Services for same. 2. That the connection in the Maintenance Access Structure No. MH 18 shall be installed pursuant to applicable codes and comply with Metropolitan Council Environmental Services sewer connection permit requirements. NOW THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: 1. The City of Chanhassen here receives from the Metropolitan Council Environmental Services the right to connect at the City's sole cost and expense, via Maintenance Access Structure No. MH 18, to the Metropolitan Council Environmental Services' sewer system. 2. That the sewer hook -up from the building to the connection or from the existing local sewer system to the connection shall be installed to comply with municipal subdivision sewer specifications and other applicable code. Page 1 of 2 IN WITNESS WHEREOF, the undersigned has caused this agreement to be duly executed this day of 2013. The City of Chanhassen, a Minnesota Municipal Corporation 0 Its Metropolitan Council Environmental Services Assistant General Manager, Interceptor Systems Page 2 of 2