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HomeMy WebLinkAbout6.z. Approve Amendment of SKB AgreementCITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION CITY COUNCIL MEETING DATE: OCTOBER 7, 2003 SKB Environmental has requested that the City Council consider an amendment to the Safety -Kleen (Rosemount), Inc., Rosemount Community Trust. The purpose of the trust is to benefit the citizens of Rosemount and the City of Rosemount. Currently, the trustees are allowed to make dispersals from the trust not to exceed an annual total of $75,000, or the income of the trust, whichever is greater. The trustees are requesting that the annual distribution be increased to $100,000, or the income of the trust, whichever is greater. The opening of the new C &D cells in 2004 will generate additional revenue to the Trust. The increase in annual distributions is requested as a result of both increasing revenues and increasing requests received by the Trust for qualifying distributions. RECOMMENDED ACTION: MOTION TO ADOPT A RESOLUTION APPROVING THE FOURTH AMENDMENT TO SAFETY -KLEEN (ROSEMOUNT), INC., ROSEMOUNT COMMUNITY TRUST [FORMERLY KNOWN AS THE LAIDLAW ENVIRONMENTAL SERVICES (ROSEMOUNT), INC., ROSEMOUNT COMMUNITY TRUST; ALSO FORMERLY KNOWN AS THE USPCI, INC. ROSEMOUNT COMMUNITY TRUST] UNDER TRUST AGREEMENT DATED NOVEMBER 19, 1992, AS AMENDED. COUNCIL ACTION: FOURTH AMENDMENT FOURTH- AMENDMENT TO SAFETY -KLEEN ( ROSEMOUNT), INC., ROSEMOUNT COMMUNITY TRUST [FORMERLY KNOWN AS THE LAIDLAW ENVIRONMENTAL SERVICES ( ROSEMOUNT), INC., ROSEMOUNT COMMUNITY TRUST; ALSO FORMERLY KNOWN AS THE USPCI, INC. ROSEMOUNT COMMUNITY TRUST] UNDER TRUST AGREEMENT DATED NOVEMBER 19, 1992, AS AMENDED. Pursuant to Paragraph 11 of the Safety -Kleen (Rosemount) , Inc., Rosemount Community Trust, under Trust Agreement dated November 19, 1992, as amended, said Trust Agreement is hereby amended as follows: 1. The sentence in Paragraph 4 of the Trust Agreement, as amended by the First Amendment to the Trust Agreement, which reads as follows: "Subject to the foregoing, the Trustees may annually distribute the sum of Seventy -Five Thousand Dollars ($75,000.00) or the income of the trust, whichever is greater, until the annual income of the trust for any fiscal year equals or exceeds Seventy -Five Thousand Dollars ($75,000.00)." is hereby amended to read as follows: "Subject to the foregoing, the Trustees may annually distribute the sum of One Hundred Thousand Dollars ($100,000.00) or the income of the trust, whichever is greater. Dated: John Tapper, Trustee Matthew Kearney, Trustee Steve Casey, Trustee Don Chapdelaine, Trustee John Domke, Trustee Dated: Dated: City of Rosemount BY: William Droste, Mayor BY: Linda J. Jentink, City Clerk SKB Environmental, Inc. BY: Richard O'Gara ITS: President BY: John Domke ITS: Vice President (Page 2 of Fourth Amendment) clients\ 1820.000 \4th- amd.03 RESOLUTION A RESOLUTION APPROVING THE FOURTH AMENDMENT TO SAFETY -KLEEN ( ROSEMOUNT), INC., ROSEMOUNT COMMUNITY TRUST [FORMERLY KNOWN AS THE LAIDLAW ENVIRONMENTAL SERVICES ( ROSEMOUNT), INC., ROSEMOUNT COMMUNITY TRUST; ALSO FORMERLY KNOWN AS THE USPCI, INC. ROSEMOUNT COMMUNITY TRUST] UNDER TRUST AGREEMENT DATED NOVEMBER 19, 1992, AS AMENDED. WHEREAS, the Trustees of the Safety -Kleen (Rosemount), Inc., Rosemount Community Trust are desirous of adopting a Fourth Amendment to the Safety -Kleen (Rosemount), Inc., Rosemount Community Trust Agreement under Trust Agreement dated November 19, 1992, as amended, pursuant to Paragraph 11 of said Trust Agreement with the unanimous consent of all Trustees currently acting by execution of this Resolution; NOW, THEREFORE, THE TRUSTEES OF THE SAFETY -KLEEN ( ROSEMOUNT), INC., ROSEMOUNT COMMUNITY TRUST, UNDER TRUST AGREEMENT DATED NOVEMBER 19, 1992, AS AMENDED, HEREBY ADOPT THE FOLLOWING RESOLUTIONS: 1, The sentence in Paragraph 4 of the Trust Agreement, as amended by the First Amendment to the Trust Agreement, which reads as follows the Trustees may annually "Subject to the foregoing, Five Thousand Dollars distribute the sum of Seventy- ($75,000.00) or the income of the trust, whichever is greater, until the annual income of the trust for any fiscal year equals or exceeds Seventy -Five Dollars ($75, 000.00) . ,, Thousand is hereby amended to read as follows: "Subject to the foregoing, the Trustees may annually distribute the sum of One Hundred Thousand Dollars ($ or the income of the trust, whichever is greater. 2 . To effect the Resolution in Paragraph 1 above the Trustees are hereby authorized and directed to execute the Fourth Amendment attached hereto as Exhibit A. 3. The Fourth Amendment is effective for the Trust's fiscal year commencing January 1, 2003 and ending December 31, 2003, as of and upon the date the Fourth Amendment is fully executed by all of the Trustees of the Trust, the City of Rosemount, and SKB Environmental, Inc. Dated: John Tapper, Trustee Matthew Kearney, Trustee Steve Casey, Trustee Don Chapdelaine, Trustee John Domke, Trustee clients\ 1820.000 \resolution.03 EXHIBIT A FOURTH AMENDMENT FOURTH AMENDMENT TO SAFETY -KLEEN ( ROSEMOUNT), INC., ROSEMOUNT COMMUNITY TRUST [FORMERLY KNOWN AS THE LAIDLAW ENVIRONMENTAL SERVICES ( ROSEMOUNT), INC., ROSEMOUNT COMMUNITY TRUST; ALSO FORMERLY KNOWN AS THE USPCI, INC. ROSEMOUNT COMMUNITY TRUST] UNDER TRUST AGREEMENT DATED NOVEMBER 19, 1992, AS AMENDED. Pursuant to Paragraph 11 of the Safety -Kleen (Rosemount) , Inc., Rosemount Community Trust, under Trust Agreement dated November 19, 1992, as amended, said Trust Agreement is hereby amended as follows: 1. The sentence in Paragraph 4 of the Trust Agreement, as amended by the First Amendment to the Trust Agreement, which reads as follows: "Subject to the foregoing, the Trustees may annually distribute the sum of Seventy -Five Thousand Dollars ($75,000.00) or the income of the trust, whichever is greater, until the annual income of the trust for any fiscal year equals or exceeds Seventy -Five Thousand Dollars ($75,000.00)." is hereby amended to read as follows: "Subject to the foregoing, the Trustees may annually distribute the sum of One Hundred Thousand Dollars ($100,000.00) or the income of, the trust, whichever is greater. Dated: John Tapper, Trustee Matthew Kearney, Trustee Steve Casey, Trustee Don Chapdelaine, Trustee John Domke, Trustee Dated: City of Rosemount BY: William Droste, Mayor BY: Linda J. Jentink, City Clerk Dated: SKB Environmental, Inc. BY: Richard O'Gara ITS: President BY: John Domke ITS: Vice President (Page 2 of Fourth Amendment)' clients11820.000 \4th- amd.03 CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION A RESOLUTION APPROVING THE FOURTH AMENDMENT TO SAFETY -KLEEN ( ROSEMOUNT), INC., ROSEMOUNT COMMUNITY TRUST [FORMERLY KNOWN AS THE LAIDLAW ENVIRONMENTAL SERVICES ( ROSEMOUNT), INC., ROSEMOUNT COMMUNITY TRUST; ALSO FORMERLY KNOWN AS THE USPCI, INC. ROSEMOUNT COMMUNITY TRUST] UNDER TRUST AGREEMENT DATED NOVEMBER 19, 1992, AS AMENDED. WHEREAS, the City of Rosemount is desirous of adopting a Fourth Amendment to the Safety -Kleen (Rosemount), Inc., Rosemount Community Trust Agreement under Trust Agreement dated November 19, 1992, as amended, pursuant to Paragraph 11 of said Trust Agreement; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ROSEMOUNT HEREBY ADOPTS THE FOLLOWING RESOLUTIONS: 1. The sentence in Paragraph 4 of the Trust Agreement, as amended by the First Amendment to the Trust Agreement, which reads as follows: "Subject to the foregoing, the Trustees may annually distribute the sum of Seventy -Five Thousand Dollars ($75,000.00) or the income of the trust, whichever is greater, until the annual income of the trust for any fiscal year equals or exceeds Seventy -Five Thousand Dollars ($75,000.00)." is hereby amended to read as follows: "Subject to the foregoing, the Trustees may annually distribute the sum of One Hundred Thousand Dollars ($100,000.00) or the income of the trust, whichever is greater. 2. To effect the Resolution in Paragraph 1 above, the Mayor and City Clerk of the City of Rosemount are hereby authorized and directed to execute the Fourth Amendment attached hereto as Exhibit A. 3. The Fourth Amendment is effective for the Trust's fiscal year commencing January 1, 2003 and ending December 31, 2003, as of and upon the date the Fourth Amendment is fully executed by all of the Trustees of the Trust, the City of Rosemount, and SKB Environmental, Inc. ADOPTED this of 2003. William H. Droste, Mayor ATTEST: Linda J. Jentink, City Clerk Motion by: Voted in favor: _ Voted against: Member absent: Seconded by: clients\ 1820.000 \cityrsln.03 I EXHIBIT A FOURTH AMENDMENT FOURTH AMENDMENT TO SAFETY -KLEEN ( ROSEMOUNT), INC., ROSEMOUNT COMMUNITY TRUST [FORMERLY KNOWN AS THE LAIDLAW ENVIRONMENTAL SERVICES ( ROSEMOUNT), INC., ROSEMOUNT COMMUNITY TRUST; ALSO FORMERLY KNOWN AS THE USPCI, INC. ROSEMOUNT COMMUNITY TRUST] UNDER TRUST AGREEMENT DATED NOVEMBER 19, 1992, AS AMENDED. Pursuant to Paragraph 11 of the Safety -Kleen (Rosemount) , Inc., Rosemount Community Trust, under Trust Agreement dated November 19, 1992, as amended, said Trust Agreement is hereby amended as follows: 1. The sentence in Paragraph 4 of the Trust Agreement, as amended by the First Amendment to the Trust Agreement, which reads as follows: "Subject to the foregoing, the Trustees may annually distribute the sum of Seventy -Five Thousand Dollars ($75,000.00) or the income of the trust, whichever is greater, until the annual income of the trust for any fiscal year equals or exceeds Seventy -Five Thousand Dollars ($75,000.00)." is hereby amended to ".Subject to the, for distribute the sum ($100,000.00) or the greater. Dated: read as follows egoing, the Trustees may annually of One Hundred Thousand Dollars income of the trust, whichever is John Tapper, Trustee Matthew Kearney, Trustee Steve Casey, Trustee Don Chapdelaine, Trustee John Domke, Trustee M Dated: Dated: City of Rosemount BY: William Droste, Mayor BY: Linda J. Jentink, City Clerk SKB Environmental, Inc. BY: Richard O'Gara ITS: President BY: John Domke ITS: Vice President (Page 2 of Fourth Amendment) clients \1820.000 \4th- amd.03 CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION ... .. A RESOLUTION APPROVING THE FOURTH AMENDMENT TO SAFETY -KLEEN ( ROSEMOUNT), INC., ROSEMOUNT COMMUNITY TRUST (FORMERLY KNOWN AS THE LAIDLAW ENVIRONMENTAL SERVICES ( ROSEMOUNT), INC., ROSEMOUNT COMMUNITY TRUST; ALSO FORMERLY KNOWN AS THE USPCI, INC. ROSEMOUNT COMMUNITY TRUST) UNDER TRUST AGREEMENT DATED NOVEMBER 19,1992, AS AMENDED. WHEREAS, the City of Rosemount is desirous of adopting a Fourth Amendment to the Safety - Kleen (Rosemount), Inc., Rosemount community Trust Agreement under Trust agreement dated November 19, 1992, as amended, pursuant to Paragraph 11 of said Trust Agreement; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ROSEMOUNT HEREBY ADOPTS THE FOLLOWING RESOLUTIONS: 1. The sentence in paragraph 4 of the Trust Agreement, as amended by the First Amendment to the Trust Agreement, which reads as follows: "Subject to the foregoing, the Trustees may annually distribute the sum of Seventy -Five Thousand Dollars ($75,000.00) or the income of the trust, whichever is greater, until the annual income of the trust for any fiscal year equals or exceeds Seventy -Five Thousand Dollars ($75,000.00)." is hereby amended to read as follows: "Subject to the foregoing, the Trustees may annually distribute the sum of One Hundred Thousand Dollars ($100,000.00) or the income of the trust, whichever is greater." 2. To effect the Resolution in Paragraph 1 above, the Mayor and City Clerk of the City of Rosemount are hereby authorized and directed to execute the Fourth Amendment attached hereto as Exhibit A. 3. The Fourth Amendment is effective for the Trust's fiscal year commencing January 1, 2003 and ending December 31, 2003, as of and upon the date the Fourth Amendment is fully executed by all of the Trustees of the Trust, the City of Rosemount, and SKB Environmental, Inc. ADOPTED this 7 th day of October, 2003. William H. Droste, Mayor it RESOLUTION 2003 - .. . ATTEST: Linda J. Jentink, City Clerk Motion by: Voted in favor: Voted against: Member absent: Second: EXHIBIT A FOURTH AMENDMENT FOURTH AMENDMENT TO SAFETY -KLEEN ( ROSEMOUNT), INC., ROSEMOUNT COMMUNITY TRUST [FORMERLY KNOWN AS THE LAIDLAW ENVIRONMENTAL SERVICES ( ROSEMOUNT), INC., ROSEMOUNT COMMUNITY TRUST; ALSO FORMERLY KNOWN AS THE USPCI, INC. ROSEMOUNT COMMUNITY TRUST] UNDER TRUST AGREEMENT DATED NOVEMBER 19, 1992, AS AMENDED. Pursuant to Paragraph 11 of the Safety -Kleen (Rosemount), Inc., Rosemount Community Trust, under Trust Agreement dated November 19., 1992, as amended, said Trust Agreement is hereby amended as follows: 1. The sentence in Paragraph 4 of the Trust Agreement, as amended by the First Amendment to the Trust Agreement, which reads as follows: "Subject to the foregoing, the Trustees may annually distribute the sum of Seventy -Five Thousand Dollars ($75,000.00) or the income of the trust, whichever is greater, until the annual income of the trust for any fiscal year equals or exceeds Seventy -Five Thousand Dollars ($75,000.00)." is hereby amended to read as follows: "Subject to the foregoing, the Trustees may annually, distribute the sum of One Hundred Thousand Dollars ($100,000.00) or the income of the trust, whichever is greater. Dated: John Tapper, Trustee Matthew Kearney, Trustee Steve Casey, Trustee Don Chapdelaine, Trustee John Domke, Trustee Dated: Dated: City of Rosemount BY: William Droste, Mayor BY: Linda J. Jentink, City Clerk SKB Environmental, Inc. BY: Richard O'Gara ITS: President BY: John Domke ITS: Vice President (Page 2 of Fourth Amendment) ~ clients\ 1820.000 \4th- amd.03