HomeMy WebLinkAbout6.q. Metropolitan Council Environmental Service Right of Entry Agreement for Driver Avenue\\rsm-file\common\city clerk\agenda items\approved items\6.q. metropolitan council environmental service right of entry agreement for driver avenue.docx
EXECUTIVE SUMMARY
City Council Meeting: September 20, 2022
AGENDA ITEM: Approve Metropolitan Council
Environmental Service Right of Entry
Agreement for Driver Avenue
AGENDA SECTION:
Consent
PREPARED BY: Brian Erickson, PE – City Engineer AGENDA NO. 6.q.
ATTACHMENTS: Agreement APPROVED BY: LJM
RECOMMENDED ACTIONS: Approve a MCES Right of Entry Agreement for Driver
Avenue & Trunk Sanitary Sewer Improvements, Project 2022-15.
BACKGROUND
As part of the Driver Avenue project the City of Rosemount will extend a trunk sanitary sewer line that
will serve much of the eastern portion of Rosemount as it grows. The connection point is into the
Metropolitan Council Environmental Services’ (MCES) lift station located on the north side of 140th St.
Since this property is owned by MCES, there was a requirement for a right of entry agreement.
The Driver Avenue project will perform a portion of the construction on the MCES property surrounding
and connecting into the lift station. The agreement details the requirements of both the city and MCES
and is effective for 6 months. The city attorney has reviewed the agreement has not noted any concerns.
RECOMMENDATION
Staff recommends Council approve the right of entry agreement with MCES.
v2022.August
RIGHT-OF-ENTRY AGREEMENT FOR CONSTRUCTION OF SANITARY SEWER IN
ROSEMOUNT, MN
THIS AGREEMENT is made and entered into by and between the Metropolitan
Council, a public corporation and political subdivision of the state of Minnesota (“Grantor”),
and the City of Rosemount, a municipal corporation under the laws of the State of Minnesota
(“Grantee”).
BACKGROUND RECITALS
1. Grantor is the owner of property located at 4201 140th Street East, Rosemount,
MN 55068.
2. Grantee desires to construct its trunk sanitary sewer in 4201 140th Street East,
Rosemount, MN 55068.
3. Grantee plans to construct its trunk sanitary sewer in Grantor’s premises during
2022.
4. This work is not a taking and the parties acknowledge that Grantor is voluntarily
agreeing to this.
5. Grantor is not expressly waiving any of its rights and privileges available to it
under Minn. Stat. §117 et.al, and other related state or federal provisions.
6. In consideration of the foregoing recitals and the mutual promises and covenants
contained in this Agreement, the Parties agree as follows:
TERMS
1. Right-of-Entry. Grantor authorizes Grantee and its agents, contractors, and
subcontractors access to the premises solely for the purpose of performing construction of City
trunk sanitary sewer in connection with the City of Rosemount, Minnesota Construction Plans
for Drive Avenue Improvements City Project Number 2022-15 (the “Work”). No right is
conferred under this Agreement to do any of the Work without prior to written approval from
Grantor. This right of entry is granted subject to all the terms and conditions set forth below.
2. Notification and Description of Work. Grantee will provide notification via
Grantor’s preferred communication method, whether by telephone, text message, or email, prior
to each site visit where Work will be conducted. The contact detail and individuals listed below
are the authorized contacts:
Tim Wedin, Assistant Manager, Interceptor Engineering
Contact method: 651-602-4571, Timothy.Wedin@metc.state.mn.us
The Grantee will specify the type of work, the specific location(s) and date/time.
3. Liability. To the extent authorized by law each party is responsible for its own
acts and results if its acts. The City’s and Council’s liability is governed by the provisions of
Minnesota Statutes, Chapter 466.
4. Indemnity. Grantee shall require its agents, contractors, and subcontractors to
expressly agree to defend, indemnify and hold Grantor harmless from any and all liabilities,
claims, losses, suits, actions, judgments, damages, costs arising out of its agents, contractors’, or
subcontractors’ Work authorized by this Agreement.
5. Restoration. If Grantee’s exercise of the work results in disturbing of the surface
of the Premises, said surface shall, as soon as reasonably possible, be restored by Grantee at
Grantee’s sole cost and expense and returned to the same or similar condition that existed prior
to the exercise of the Work.
6. Term. This Agreement and all obligations hereunder shall be effective for 6
months from the day the last party signs the Agreement (hereafter known as the “Effective
Date”). The Grantee may terminate this Agreement before the end of the Term by providing
Grantor with written notice.
7. Extension. The Grantor, upon Grantee providing Grantor at least 14 days written
notice before the end of the initial term, may extend the term for an additional 6 months to
complete the Work.
8. Binding Effect: This Agreement is binding upon and inures to the benefit of the
Parties hereto and their respective heirs, successors and assigns, but no third party may seek to
enforce, nor shall benefit from, this Agreement.
9. Governing Law: This Agreement is governed, construed, and enforced under the
laws of the State of Minnesota without regard to its conflicts of law provisions
10. Severability: The provisions of this Agreement are to be considered as severable,
and in the event that any provision is held to be invalid or unenforceable, the Parties intend that
the remaining provisions will remain in full force and effect.
11. Captions: Captions in this Agreement are for ease of reference only and should
not be considered in the construction of this Agreement.
12. Waiver: Failure by a Party to enforce or exercise any right in this Agreement
will not be construed as a present or future waiver of such right.
13. Assignability: This Agreement may not be assigned by either Party without the
other party’s express written consent, such consent not to be unreasonably withheld.
14. Termination: The Grantee may terminate this Agreement upon at least seven (7)
days written notice to the Grantor.
15. Amendment: The terms of this agreement may be changed only by mutual
agreement of the parties. Such changes shall be effective only upon the execution of written
amendments signed by authorized officers of the parties to this agreement.
16. Entire Agreement: It is understood and agreed that the entire Agreement
between the parties is contained herein and that this Agreement supersedes all oral agreements
and negotiations between the parties relating to the subject matter hereof.
17. Notice: Any notice or demand which must be given or made by a party under this
Agreement shall be sent to:
Grantor/Metropolitan Council
3565 Kennebec Drive
Eagan, MN 55122
Attn: Bert Tracy
Grantee/City of Rosemount
2875 145th Street West
Rosemount, MN 55068
Attn: Brian Erickson
18. This agreement will be effective when all parties have signed it. The date of this
agreement will be the date this agreement is signed by the last party to sign it (as indicated by the
date associated with that party’s signature).
METROPOLITAN COUNCIL
A public corporation and political subdivision
of the State of Minnesota
By: ______________________________________
Date: _____________________________________
CITY OF ROSEMOUNT
A municipal corporation of the State of Minnesota
By: ______________________________________
Date: _____________________________________
By: ______________________________________
Date: _____________________________________