1e License Agmt Sanitary DisposCITYOF
CHANHASSEN
7700 Market Boulevard
PO Box 147
Chanhassen MN 55317
Administration
Fax: 952.2271110
Building Inspections
Phone: 9522271180
Fax 9522271190
Engineering
Phone: 952 227.1160
Fax: 952 227 1170
Finance
Phone: 9522271140
Fax: 952227 1110
Park & Recreation
Phone: 952227.1120
Fax: 9522271110
Recreation Center
2310 Coulter Boulevard
Phone: 9522271400
Faxz 952.22~' 1404
Planning &
Natural Resources
Pho~]e: 9522271130
Fax: 9522271110
Public Works
1591 Park Road
Phone: 952.2271300
Fax; 9522271310
Senior Center
Phone: 9522271125
Fax: 9522271110
Web Site
www ci chanilassen IT~I~.US
MEMORANDUM
TO:
Todd Gerhardt, City Manager
FROM:
DATE:
Paul Oehme, City Engineer/Dir. of Public Works
August 13, 2004
SUB J:
Consider Renewal of License Agreement with the Metropolitan
Council for Chanhassen Sanitary Disposal Site - PW077B
REQUESTED ACTION
Approve Renewal of License Agreement with the Metropolitan Council for
Chanhassen Sanitary Disposal Sanitary Site.
DISCUSSION
In December, 1998, the City of Chanhassen entered into an agreement with the
Metropolitan Council Environmental Services (MCES) for a license agreement 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, el'ficient
and environmental friendly location to dispose of the sewage within the city. The
disposal site is constructed over a MCES sewer line and metered so the City will
not be charged for the disposed of flow.
The license agreement signed in 1998 has expired and the MCES would like to
renew the license agreement. The City has not had any issues with this disposal
site and staff feels the same terms of the 1998 agreement are acceptable expect for
the term length. Staff is recommending the term of the license be lengthening
from 5 to 10 years. The City Attorney has reviewed the agreement and finds it
acceptable.
At this time staff recommends Council approve the license agreement.
c: Laura Engen, MCES
Attachment
G:\F. NG\PUBL.l{'\PW077b\ct~u~lcil I>g licc~sc ~c~¢x~ ~1081304 doc
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LICENSE AGREEMENT
THIS AGREEMENT, effective as of June 1, 2004, 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 of the State
of Minnesota (hereinafter referred to as "Licensee"). In consideration of the mutual promises
contained in this Agreement, the Licensor and Licensee agree as follows:
SECTION 1: GRANT OF LICENSE~ DESCRIPTION OF PREMISES: Licensor hereby grants to
Licensee a license to occupy and use, subject to all of the terms and conditions of this
Agreement, the property described in the attached Exhibit "A" ("Licensed Premises").
SECTION 2: LIMITATION TO DESCRIBED PURPOSE: The Licensed Premises may be occupied,
constructed and used by Licensee solely for a septage disposal site in accordance with the site
plan approved by Licensor and for incidental purposes related to such purpose during the term
of this License Agreement, including the right to enter the Licensed Premises for purposes of
constructing, operating, maintaining, altering, repairing, replacing and/or removing said sewers
and utilities.
SECTION 3: TERM: The term of this License Agreement shall be ten (10) years commencing
on June 1, 2004 ("Commencement Date") and ending May 31, 2014.
SECTION 4: PAYMENT: Licensee shall pay Licensor fbr 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).
SECTION 5: TERMINATION: Either party may terminate this Agreement for cause at any time,
without regard to payment periods by giving written notice to the other, specifying the date and
cause of the termination, such notice to be given not less than ninety (90) days prior to the date
specified in such notice for the date of termination.
Either party shall have the opportunity during the ninety (90) day period to remedy the
cause of the termination. If by the end of the ninety (90) day notice period, Licensee has
remedied the cause of the termination, the Agreement shall not terminate and all terms and
conditions of the Agreement shall remain in effect.
For purposes of this Agreement, the term "lbr cause" shall include, but not be limited to,
failure to comply with the terms of this Agreement, inappropriate use of the Licensed Premises
or abutting property, inappropriate conduct on or about Licensed Premises on the part of
Licensee, or Licensee's employees or agents.
SECTION 6: GOVERNING LAW: It is agreed that this Agreement shall be governed by,
construed and enforced in accordance with the laws of the State of Minnesota.
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SECTION 7: ENTIRE AGREEMENT: This Agreement shall constitute the entire agreement
between the parties and any prior understanding or representation of any kind preceding the date
of this Agreement shall not be binding upon either party except to the extent incorporated in this
Agreement.
SECTION 8: MODIFICATION OF AGREEMENT: Any modification of this Agreement or
additional obligation assumed by either party in connection with this Agreement shall be
binding only if evidenced in writing signed by each party or an authorized representative of each
party.
SECTION 9: NOTICES: Any notice provided for or concerning this Agreement shall be in
writing and shall be deemed sufficiently given when sent by certified or registered mail if sent to
the respective address of each party as set forth as follows:
LICENSOR:
Director of Public Works
City of Chanhassen
7700 Market Boulevard
Chanhassen, MN 55317
LICENSEE:
General Manager of Metropolitan
Council Environmental Services,
Wastewater Services
Metropolitan Council
230 East Fifth Street
St. Paul, Minnesota 55101-1626
SECTION 10: ASSIGNMENT OF RIGHTS: The rights of each party under this Agreement are
personal to that party and may not be assigned or transferred to any other person, firm,
corporation, or other entity without the prior, express, and written consent of the other party.
Notwithstanding the previous sentence, Licensee shall have the right to assign this License to a
statutory successor of Licensee without Licensor's consent. Such assignment shall be subject to
the following condition: Any assignees shall be subject to all of the terms of this License.
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SECTION 11: USE OF LICENSED PREMISES: Licensor, its successors and assigns, will not
erect, construct or create any building, improvement, obstruction or structure of any kind, either
above or below the surface, or stockpile soils, construction debris or construction equipment or
change the grade thereof, without the express written permission of the Licensee.
Notwithstanding the aforementioned provision, the following improvements by Licensor, its
successors or assigns, do not require Licensee's written approval: fences, parking lots, street
and/or roadways, landscaping, bushes, shrubs.
SECTION 12: RESTORATION OF LICENSED PREMISES: The Licensee agrees that if it or any of
its employees or agents causes any physical damage to the Licensed Premises which it does not
restore to a condition as nearly as equal as possible to that which existed prior to the
construction and/or maintenance of the purposes described herein within a reasonable time after
completion of that construction, including the replacement of grass, sod or fences, the Licensee
shall pay the costs of restoring the damaged premises to a condition as nearly equal as possible
to that which existed prior to construction. It is understood that in the removal of large trees,
shrubs, and other plants that a like replacement for those items removed during construction is
not always possible and the Licensee shall not be obligated to replace the same.
SECTION 13: COMPLIANCE WITH LAWS: Licensee shall comply with all federal, state and
local laws and regulations relating to the operation of septage hauler site on the Licensed
Premises.
SECTION 14: LIABILITY: Each party agrees that it will be responsible for its own acts and the
results thereof to the extent authorized by law, and shall not be responsible for the acts of the
other party and the results thereof. The Licensor's and the Licensee's liability are governed by
the provisions of Minn. Stat. Chapter 466.
IN WITNESS WHEREOF, the parties hereto have entered into this Agreement the day
and year first above written.
LICENSOR:
CITY OF CHANHASSEN
By:
By:
Thomas A. Furlong, Mayor
Todd Gerhardt
City Manager/Clerk
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LICENSEE:
MET~ITAN/~NCIL
By: /_~.--~.,/./..~.
Its:
By:
Its:
STATE OF MINNESOTA )
) SS.
COUNTY OF )
The foregoing instrument was acknowledged before me this __ day of
,2004, 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 )
The foregoing instrument was acknowledged before me this/o~ day of
~, ~-(~./. ,2004, by/~o~ ~_,,e-¢ ae~d , the
,~z:/,,,o,,c,/',,~,~,-,,;~,dCm:t .... of the METROPOLITAN COUNCIL, a public
· J-~/0rp~rat'ion and political subdivision of the State of Minnesota, on its behalf.
pUblic ,
THIS INSTRUMENT DRAFTED BY:
CAMPBELL KNUTSON, P.A.
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, MN 55121
RNK:srn
JEANNE K. MATROSS
NOTARY PUBLIC-MINNESOTA
MY COMMISSION EXPIRES ~-31-2005
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EXHIBIT "A"
Description of Licensor's Property:
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 140.00 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 200.00 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.
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