1d-1. Approve Amendment to State Loan Agreement
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
U-1
.-. -
MEMORANDUM
TO:
Todd Gerhardt, City Manager
'7r t; t
Paul Oehme, Dir. of Public Works/City Engineer . r
a~.
FROM:
DATE:
November 13, 2006
SUBJ:
Approve Amendment to State Loan Agreement
Project Nos. 03-09-03, 04-06, 04-05
REQUESTED ACTION
Approve amendment to state loan agreement.
BACKGROUND
On April 11, 2005, City Council approved a loan agreement with the State to help
fund improvements injunction with the 212 improvements
On June 13, 2005, the City Council approved a resolution combining projects.
DISCUSSION
This amendment adds the cooperative agreement number and reference for the
TH 101 Gap project into the loan agreement. The original loan agreement amount
included the parcel funding for the 101 GAP project but since the cooperative
agreement for the TH 101 GAP had not been drafted at that time, the reference to
the GAP project was left out. Again, this agreement does not add to the loan
agreement amount but only adds language referencing the TH 101 Gap
Cooperati ve Agreement.
The City attomeyhas reviewed the amendment. Staff recommends approval of
the amendI11entat this.time.
Attachment
G:\ENGIPUBLICI04-06 101 GAPlbkgd 111306 aprv loan agnnt amendment.doc
The City 01 Chanhassen. A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautitul parks. A great place to live, work, and play.
PRE-LETTING
SERVICES
SECTION
STATE OF MINNESOTA
DEPARTMENT OF TRANSPORTATION
GENERAL OBLIGATION BOND
LOCAL LOAN PROGRAM AGREEMENT
AMENDMENT TO
Mn/DOT
AGREEMENT NO.
88549
AMENDMENT NO. 1
The State of Minnesota
Department of Transportation, and the
CITY OF CHANHASSEN
Re: City receipt, use and repayment
of General Obligation Local Loan
for City construction cost
associated with State Project
construction
ESTIMATED
AMENDMENT AMOUNT
TOTAL ESTIMATED
OBLIGATION
$4,067,000.00
AMOUNT RECEIVABLE
(None)
THIS AGREEMENT AMENDMENT is made and entered into by and between the
State of Minnesota, Department of Transportation, hereinafter
referred to as the "State" and the City of Chanhassen, a local
municipality of the State of Minnesota, hereinafter referred to as
the "Local Entity".
1
88549-1
WHEREAS, the State and the Local Entity did enter into Agreement
No. 88549 effective July 22, 2005 to provide the receipt, use and
repayment of a General Obligation Local Loan for certain Local Entity
costs associated with a State project; and
WHEREAS, Agreement No. 88549 did account for loan funds needed for
the construction of a future State Construction project; and
WHEREAS, the Local Entity costs for the future State Construction
project are covered under cooperative construction agreement No.
90049 between the State and the Local Entity; and
WHEREAS, the Local Entity and State mutually agree to amend Agreement
No. 88549 to include the addition of cooperative Agreement No. 90049
for use of the General Obligation Local Loan; and
IT 18, THEREFORE, MUTUALLY AGREED AS FOLLOWS:
I
ARTICLE I DEFFINITIONS OF "MnDOT COOPERATIVE CONSTRUCTION AGREEMENT"
OF AGREEMENT NO. 88549 EFFECTIVE JULY 22, 2005 IS HEREBY AMENDED AND
MODIFIED TO READ AS FOLLOWS:
"MnDOT Cooperative Construction Agreements" - means the following
agreements:
. That certain State of Minnesota Department of Transportation
Cooperative Construction Agreement - MnDOT Agreement No.
87187, by and between the State of Minnesota, Department of
Transportation and the City of Chanhassen
2
88549-1
. That certain State of Minnesota Department of Transportation
Master Utility Agreement - MnDOT Agreement No. 86825, by and
between the State of Minnesota, Department of
Transportation, the City of Chanhassen and Mn/DOT's Design
Build Contractor
. That certain State of Minnesota Department of Transportation
Cooperative Construction Agreement - MnDOT Agreement No.
90049, by and between the State of Minnesota, Department of
Transportation and the City of Chanhassen.
II
EXCEPT AS AMENDED AND MODIFIED HEREIN, ALL OF THE TERMS AND
CONDITIONS SET FORTH IN AGREEMENT NO. 88549 EFFECTIVE JULY 22, 2005
SHALL REMAIN IN FULL FORCE AND EFFECT.
III
BEFORE THIS AGREEMENT AMENDMENT BECOMES BINDING AND EFFECTIVE, IT
SHALL BE APPROVED BY A CITY COUNCIL RESOLUTION AND EXECUTED BY SUCH
STATE AND CITY OFFICERS AS THE LAW MAY PROVIDE IN ADDITION TO THE
COMMISSIONER OF TRANSPORTATION OR THEIR AUTHORIZED REPRESENTATIVE.
3
88549-1
IN TESTIMONY WHEREOF the parties have executed this Agreement by their
authorized officers.
DEPARTMENT OF TRANSPORTATION
CITY OF CHANHASSEN
Recommended for approval:
By
By _
District Engineer
Title
Approved:
By
Commissioner of Transportation
Date
Date
Approved as to form and execution:
By
By
Contract Management
Ti tle
Date
Date
COMMISSIONER OF ADMINISTRATION
As delegated to Materials Management Division
By _
Date
4
1t ~;,~\i?