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HomeMy WebLinkAbout8.b. Sale of Safety-Kleen to SKB EnvironmentalCITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION CITY COUNCIL MEETING DATE: April 18, 2000 AGENDA ITEM: Sale of Safety-Kleen to SKB Environment AGENDA SECTION: OLD BUSINESS PREPARED BY: Thomas D. Burt, City Administrator AGEN B �. f 9 =- ATTACHMENTS: Letter APPROVED BY: City Attorney LeFevere advised that additional documentation should be approved for the transfer of ownership and to confirm the commitment of SKB Environmental to up -hold past agreements. Attorney LeFevere will be working on these documents and will present them to City Council on Tuesday evening at the meeting. If these documents are finished some time on Monday, they will be faxed to staff and to Safety -Kleen for review. After City Council's review of the documents a motion similar to the motion below would be recommended. RECOMMENDED ACTION: MOTION to approve the assignment of the Interim Use Permit, Trust Agreement, and Development Commitment subject to the approval of all legal forms by the City Attorney. COUNCIL ACTION: 1: ENVIRONMENTAL March 29, 2000 • F _C r City Administrator City of Rosemount 2875 —145 St. West Rosemount, MN 55068 Dear Mr. Burt: SKB Environmental, Inc. is in the process of purchasing the Minnesota Industrial Containment Facility located in the City of Rosemount from the Safety - Kleen (Rosemount) Inc. and therefore is requesting the City of Rosemount to approve amending all contracts and agreements that the City of Rosemount has with the present owner, Safety - Kleen (Rosemount) Inc., changing the name to SKB Environmental, Inc. contingent upon the conclusion of the sale. SKB Environmental, Inc. is requesting only the name change and agrees to comply with all the conditions of the existing agreements and contracts that Safety - Kleen, (Rosemount) Inc. presently has with the City of Rosemount which we understand to include the following: • Interim Use Permit Agreement • Trust Agreement • Development Commitment We appreciate approval of this amendment so that we can proceed with the completion of the purchase. Thank you. Sincerely, SKB Environmental, Inc. ?� M O�}0 John Domke Vice President MAR 0 2000 CITY OF ROSEMOUNT 251 Starkey St. • P.O. Box 7216 • St. Paul, MN 55107 651 - 224 -6329 • FAX 651 - 223 -5053 %1 Printed on Recycled Paper. CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2000 - A RESOLUTION AUTHORIZING ASSIGNMENT AND ASSUMPTION OF OBLIGATIONS OF USPCI, INC. AND ITS SUCCESSORS FOR AN INDUSTRIAL CONTAINMENT FACILITY IN THE CITY OF ROSEMOUNT BY SKB ENVIRONMENTAL, INC. WHEREAS, the City of Rosemount has previously approved construction and maintenance of an industrial containment facility (the "Facility') in the City under an Interim Use Permit Agreement dated March 19, 1992 as amended April 19, 1994 and as revised on January 21, 1997 (collectively the "IUP Agreement "); and WHEREAS, pursuant to the IUP Agreement, the applicant, owner and operator of the Facility executed and entered into aDevelopment Commitment dated October 17, 1989 (the "Development Commitment") and a Trust Agreement originally entitled USPCI, Inc. Rosemount Community Trust, Trust Agreement dated November 1992, as amended by the undated First Amendment to the USPCI, Inc. Rosemount Community Trust and the Second Amendment to Laidlaw Environmental Services (Rosemount) Inc. Community Trust dated January 14, 1999 (collectively the "Trust Agreement "); and WHEREAS, the current owner and operator of the Facility, Safety -Kleen (Rosemount) Inc. ( "Safety- Kleen ") proposes to sell the Facility to SKB Environmental, Inc. ( "SKB "); and WHEREAS, in connection with such sale Safety -Kleen and SKB have requested approval by the City Council of the assignment to SKB of all rights and responsibilities of Safety -Kleen under the IUP Agreement, the Development Commitment, and the Trust Agreement; and WHEREAS, the City Council has determined that it is in the interest of the public to allow such assignment on the terms and conditions hereinafter set forth; NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Rosemount, Dakota County, Minnesota, as follows: The Assignment of all rights and obligations of Safety -Kleen under the IUP Agreement, the Development Commitment and the Trust Agreement is approved subject to the condition that Safety -Kleen and SKB execute and deliver such documents as are deemed necessary by the City Attorney to effect such transfer of all such rights to SKB and assumption of all such obligations by SKB, together with such evidence as is deemed necessary by the City Attorney to demonstrate corporate approval and authorization of execution of such documents. Upon satisfaction of this condition, the City Attorney is authorized and directed to provide to SKB an opinion letter acknowledging satisfaction of this condition as evidence of final approval of the proposed assignment. 1 RESOLUTION 2000 - ADOPTED this 18th day of April, 2000 by the City Council of the City of Rosemount. Cathy Busho, Mayor ATTEST: Linda J. Jentink, City Clerk Motion by: Seconded by: Voted in favor: Voted against: Member Not Present: 2 Press Release From: Rosemount City Hall Contact: Linda Jentink, City Clerk, 651 - 322 -2003 Date: April 18, 2000 RE: City of Rosemount Seeks Residents to Serve on Advisory Commissions and Committees The City of Rosemount needs volunteers, who have an interest in their community, to serve on the following commissions: Parks & Recreation, Planning, and Port Authority. These are advisory commissions to the City Council. Commissioners receive a $35 stipend for each meeting. Regular meetings are held on Tuesdays for Planning (2nd & 4th) and Port Authority (1St and 3rd). The Parks and Recreation Committee meets on the 4th Monday of each month. Those interested in serving may stop by City Hall and pick up an application and job description for the various commissions or call Linda at 651 -322 -2003 (a voice mail is available after 4:30 p.m. weekdays and on weekends.) Applications will be accepted until May 15th, 2000.