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Home My WebLink About6.f. Approve Access Agreement for Dakota County Monitoring Well EXECUTIVE SUMMARY City Council Regular Meeting: November 1, 2021 AGENDA ITEM: Approve Access Agreement for Dakota County Monitoring Well AGENDA SECTION: Consent PREPARED BY: Nick Egger, PE – Public Works Director AGENDA NO. 6.f. ATTACHMENTS: Access Agreement #C0034586 APPROVED BY: LJM RECOMMENDED ACTION: Motion to approve an access agreement between Dakota County and the City of Rosemount for property access and use of monitoring wells. BACKGROUND Dakota County approached the City to request permission to locate a ground water monitoring well on City property at the site of the east side water tower located just to the southeast of the interchange between CSAH 42 and US Highway 52. City and County staff have discussed the request and have landed on the precise location within the site that will avoid conflicts with City site management and maintenance needs. The well would be utilized by Dakota County’s Groundwater Protection Unit, for the primary purpose of monitoring nitrate and chloride concentrations, as well as overall water levels. Under the terms of the agreement, all installation, maintenance, and ultimately sealing and decommissioning costs will be the responsibility of Dakota County. RECOMMENDATION Staff recommends Council approval of an access agreement between Dakota County and the City of Rosemount for property access and use of monitoring wells. Dakota County Contract #C0034586 P age | 1 of 4 Access Agreement Dakota County Contract #C0034586 ACCESS AGREEMENT BETWEEN DAKOTA COUNTY AND CITY OF ROSEMOUNT FOR PROPERTY ACCESS AND USE OF MONITORING WELLS This Agreement is between Dakota County, Minnesota (“County”) and City of Rosemount (“Owner”) for access by the County, its employees, duly authorized representatives or agents, contractors, including subcontractors, hired by the County to Owner’s real estate (“Property”) for Well Monitoring and subsurface investigative work described below. The Property having Parcel ID: 340300055030, depicted in Exhibit A attached and incorporated herein by reference, and legally described as follows: The West 270 feet of the East 350 feet of the South 300 feet of the Northwest Quarter of the Southwest Quarter of Section 30, Township 115, Range 18, Dakota County, Minnesota; and The East 80 feet of the Northwest Quarter of the Southwest Quarter of Section 30, Township 115, Range 18, Dakota County, Minnesota. 1. PURPOSE The purpose of this Agreement is to define the responsibilities of the parties related to the installation of monitoring wells and well monitoring on the Property. 2.RIGHT OF ENTRY The Owners hereby grant to the County, its employees, agents, and contractors to enter upon the Property to: (a)Install monitoring wells on the Property. (b)Measure water levels and take water samples from the Monitoring Well located on the Property described above. (c)Conduct maintenance of the Monitoring Well(s) as required by law until such time the Monitoring Well is permanently sealed by the County. (d) Permanently seal the Monitoring Well in accordance with applicable state and local laws, rules, and ordinances. 3.RESPONSIBILITY OF THE COUNTY The County shall be responsible for: (a)paying all costs to install the monitoring well(s) on the Property. (b)notifying Owner one (1) day in advance of any well monitoring performed on the Property. (c)paying all costs to permanently seal the Monitoring Well(s) on the Property. (d)coordinating with Owner to permanently seal the Monitoring Well(s). 4.TERM This Agreement shall be in effect from the date of execution by all parties through December 31, 2041, or until terminated by law or according to the provisions of this Agreement. Dakota County Contract #C0034586 P age | 2 of 4 Access Agreement 5.SCOPE OF WORK AND DISCLOSURE OF UNDERGROUND FACILITIES The work performed may include subsurface investigative work. The County or the environmental consulting firm hired by the County will contact public utility locating services and will make a good faith effort to locate underground improvements which could potentially interfere with the proposed work or damage the proposed work. Since Owner has the most detailed and intimate knowledge of the types and locations of buried improvements Owner is required to review the proposed work to ensure no damage occurs to buried structures. By signing this Agreement, Owner represents that it has no notice or knowledge of underground tanks, pipes, utilities, and/or other man-made structures or improvements in the proposed drilling locations, and could not, with reasonable diligence, obtain plans showing such improvements or otherwise determine the location of such improvements. Owner agrees to waive any claims against the County, it employees, duly authorized representatives and agents, including the environmental consulting firm hired by the County, for damage to underground structures and utilities which are not marked or otherwise called to the attention of County, its employees, duly authorized representatives, agents, contractors and subcontractors, and/or which are not correctly shown on furnished plans. Owner will be consulted and will be allowed to view the drilling/well locations before work commences. 6. SAMPLE RESULTS The County shall provide the Owner with water level and sample results obtained from well monitoring on the Property. 7. CONSEQUENTIAL DAMAGES No party to this Agreement shall be liable to any other party for any consequential damages incurred due to the fault of the other or their agents. Consequential damages include, but are not limited to, loss of use and loss of profit. 8.DAMAGE TO PROPERTY The County agrees to conduct the well monitoring and subsurface investigative work to minimize interference with the Owner’s use of the Property. If any portion of the Property is disturbed as a result of the County’s activities, the County will restore, at the County’s expense, the Property as close to its original condition as reasonably possible under the circumstances. 9. INDEMNIFICATION Each party to this Agreement shall be liable for the acts of its officers, employees or agents and the results thereof to the extent authorized by law and shall not be responsible for the acts of the other party, its officers, employees or agents. The provisions of the Municipal Tort Claims Act, Minn. Stat. ch. 466 and other applicable laws govern liability of the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 10. ASSIGNMENT This Agreement and the rights conferred hereby cannot be assigned or transferred by the County. 11. MODIFICATIONS Any alterations, variations, modifications, or waivers of the provisions of this Agreement shall only be valid when they have been reduced to writing and signed by the County’s authorized representative and the Owner. 12. SEVERABILITY The provisions of this Agreement shall be deemed severable. If any part of this Agreement is rendered void, invalid, or unenforceable, such rendering shall not affect the validity and enforceability of the remainder of this Agreement unless the part or parts that are void, invalid or otherwise unenforceable shall substantially impair the value of the entire Agreement with respect to either party. Dakota County Contract #C0034586 P age | 3 of 4 Access Agreement 13. GOVERNING LAW This Agreement shall be governed by and construed in accordance with substantive and procedural laws of the State of Minnesota, without giving effect to the principles of conflict of laws. All proceedings related to this Agreement shall be venued in Dakota County, Minnesota. 14. TERMINATION This Agreement shall not be terminated by Owner before December 31, 2026. Either party upon 60 days’ notice to the other party may terminate this Agreement, with or without cause. Notice of termination shall be made by certified mail or personal delivery to the person signing this Agreement on behalf of the other party, or their successor in office. Termination of this Agreement shall not discharge any liability, responsibility or right of any party, which arises from the performance of or failure to adequately perform the terms of this Agreement. 15. ENTIRE AGREEEMENT This Agreement is the final expression of the agreement of the parties and the complete and exclusive statement of the terms agreed upon. 16. ELECTRONIC SIGNATURES Each party agrees that the electronic signatures of the parties included in this Contract are intended to authenticate this writing and to have the same force and effect as wet ink signatures. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date(s) indicated below. COUNTY OF DAKOTA APPROVED AS TO FORM: By ________________________________ /s/ Helen R. Brosnahan 10/20/21 Georg T. Fischer, Director Assistant Dakota County Attorney/Date Environmental Resources Department KS-21-454 Date of Signature__________________ OWNER (I represent and warrant that I am authorized by law to execute this Agreement and legally bind the Owner.) By__________________________________ Bill Droste, Mayor City of Rosemount Date of Signature______________________ Erin Fasbender, City Clerk City of Rosemount Attest________________________________ Date of Signature______________________ Dakota County Contract #C0034586 P age | 4 of 4 Access Agreement Dakota County Contract #C0034586 Exhibit A