HomeMy WebLinkAbout5.A.3. Cooperative Agreement for Parcel 75, CSAH 21 and Holmes Street Bridge with Mn/DOT and Scott County
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CITY OF SHAKOPEE
Memorandum CO~f~r-J!
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TO: Mayor & City Council
Mark McNeill, City Administrator
FROM: Bruce Loney, Public Works Director
SUBJECT: Authorize the Execution of Mn/DOT, City of Shakopee and Scott County
Cooperative Agreement for Parcel #75, CSAH 21 and Holmes Street Bridge
DATE: February 3,2010
INTRODUCTION:
Attached is a Cooperative Agreement between Mn/DOT, the City of Shakopee and Scott County
for Parcel #75, CSAH 21 and Holmes Street Bridge transfer. This agenda item is for the
execution of the agreement by the City of Shako pee.
BACKGROUND:
Previously, the City of Shakopee and Scott County executed a Memo of Understanding for the
Holmes Street Bridge, Parcel #75 and a CSAH 21 ponding location in which a copy is attached.
The official agreement is now ready for Council review and approval.
The agreement is a three way agreement between the State, County and City. The City will
receive Parcel #75 for public purposes and Parcels 61A, 63, 63A and 66 which are for
stormwater ponds along T.H. 169. The City will pay $520,883.00 to the County out of
stormwater funds owed the State and this money will be used by the County for maintenance of
the Holmes Street Bridge.
The City owes Mn/DOT for stormwater ponds along T.H. 169. Also, the City will give a parcel
by C.R. 21 and Pike Lake Road to the County for C.R. 21 ponding.
The State will refurbish the Holmes Street bridge and then transfer to the County. The County
will establish an endorsement fund for the maintenance of the Holmes Street bridge upon
payment of$520,883.00 from the City.
ALTERNATIVES:
1. Authorize the appropriate City officials to execute the State of Minnesota, City of
Shakopee and Scott County Cooperative Agreement.
2. Do not authorize the Cooperative Agreement.
3. Table for additional information.
RECOMMENDATION:
Staff recommends Alternative No.1, as this is the formal agreement from the Memo of
Understanding between the City and the County.
ACTION REOUESTED:
Authorize the appropriate City officials to execute the State of Minnesota, City of Shakopee and
Scott County Cooperative Agreement.
~~
Public Works Director
ENGR/2009-PROJECTS/2009-COUNCllJCOOP-AGREEMENT-STATE-CITY-COUNTY
Mn/DOT Contract No. 95285P
STATE OF MINNESOTA
AND
CITY OF SHAKO PEE
AND
SCOTT COUNTY
COOPERATIVE AGREEMENT
This agreement is among the State of Minnesota, acting through its Commissioner of Transportation
("STATE") the City of Shakopee, acting through its City Council ("CITY"), and Scott County, acting through
its Board of Commissioners ("COUNTY").
Recitals
Whereas, STATE, CITY, and COUNTY have a mutual interest in the following transactions to aid delivery of
service and preservation of certain community assets; and
Whereas, STATE is the owner of certain parcels which are better suited for CITY and COUNTY use; and
Whereas, STATE is the owner of Bridge No. 4175, which needs significant historic restoration; and
Whereas, COUNTY now owns and operates all roadways formerly associated with Bridge No. 4175 and is
willing to accept ownership, responsibility, and maintenance of the bridge provided the STATE repair and
restore the bridge prior to its transfer; and
Whereas, CITY wishes to acquire part of Parcel CS7005 (101 =187) 901 75 ("Parcel 75") from STATE for park
purposes, construction of a fire hall, and other public purposes; and
Whereas, CITY wishes to acquire parts of Parcels CS7005 (101 =187) 901 61A, 63, 63A, 66 ("Parcels 61A, 63,
63A, 66") from STATE for storm water drainage purposes; and
Whereas, CITY owns and COUNTY wishes to acquire a 6 acre parcel adjacent to CSAH 21 (PID 279140172)
("CSAH Parcel") for storm water management purposes; and
Whereas, CITY is indebted to the STATE for certain costs associated with prior US169 by-pass project; and
Whereas, STATE has agreed to allow CITY to make payment to the COUNTY in lieu of CITY making
payment directly to STATE; and
Whereas, the COUNTY has agreed to use the payment received from the CITY to establish an endowment fund
for continuing expenses of operating and maintaining the bridge for transportation purposes; and
Whereas, STATE, CITY, and COUNTY in consideration of the covenants, and exchanges hereinafter specified,
do hereby mutually agree each with the other as follows:
Joint Powers Agreement (Rev. 6/03) 1
Mn/DOT Contract No. 95285P
Agreement
1 Term of Agreement
1.1 Effective date: This Agreement will be effective on the date signed by all of the parties, including
such State officials as are required by Minnesota Statutes Section 16C.05, subdivision 2.
1.2 Expiration date: This Agreement will expire when all obligations have been satisfactorily fulfilled,
except for clauses: 2.5 Future Obligations, 6. Liability, 7. State Audits, 8. Government Data Practices,
and 9. Venue, which survive expiration of this Agreement.
1.4 Exhibits: Exhibits A through D are attached and incorporated into this Agreement.
2 Agreement between the Parties
2.1 STATE OF MINNESOTA:
a. Will convey fee title to part of Parcel 75 by quitclaim deed to CITY for zero dollars. Title will
be conveyed for permanent public purposes, and if the CITY no longer uses the parcel or any
part of it for municipal public purposes the land shall revert back to the STATE. See
Exhibit A for location of parcel 75.
b. Will restore and repair Bridge No. 4175, subject to the availability and encumbrance of funds
for such purpose as required by law. See Exhibit B for location of Bridge No. 4175.
c. Will transfer ownership of Bridge No. 4175 and any additional property in Mn/DOT's control
associated with Bridge No. 4175 to COUNTY, after restoration or repair of the bridge is
complete.
d. Will provide fee title to parts of Parcels 61A, 63, 63A, and 66 to CITY by quitclaim deed for
zero dollars. Title will be conveyed for storm water drainage and if the CITY no longer uses
the parcels or any part of them for municipal public purposes the land shall revert back to the
STATE. See Exhibit C for location of Parcels 61A, 63, 63A, and 66.
e. Will accept payment of $520,883.00 by CITY to COUNTY in lieu of the STATE receiving
payment from the CITY, all in satisfaction of debt owed to STATE for CITY's share of
storm water sewage costs owed to the STATE from the prior US169 project.
2.2 CITY OF SHAKOPEE:
a. Will accept title to and ownership of parts of Parcels 75, 61A, 63, 63A, and 66 and will be
responsible for making payment in full of all assessments on such parcels including, without
limitation, assessments levied and pending on Parcel 75.
b. Will assume responsibility for recording fees on any conveyance documents. CITY shall also
pay the state deed tax and conservation taxes payable upon recording the above deeds.
c. Will pay $520,883.00, currently owed to STATE, to COUNTY.
d. Will transfer fee title to CSAH Parcel by quitclaim deed to COUNTY for storm water
management purposes. See Exhibit D for location of CSAH Parcel.
e. Will enter into a cooperative construction agreement regarding County Project No. CP 21-15
and CP 21-16 with COUNTY prior to the transfer of CSAH parcel.
Joint Powers Agreement (Rev. 6/03) 2
Mn!DOT Contract No. 95285P
2.3 SCOTT COUNTY:
a. Will assume all responsibility and obligations for Bridge No. 4175 and any additional
Mn!DOT controlled property associated with Bridge No. 4175 upon transfer of ownership by
STATE and agrees STATE will have no further obligation with regards to maintenance of
the bridge following transfer of title.
b. Will be responsible for paying recording fees on any documents associated with theCSAH
Parcel and Bridge No. 4175. COUNTY shall also pay the state deed tax and conservation
taxes payable upon recording the above deeds.
c. Will establish an endowment fund for the maintenance of Bridge No. 4175 upon payment
from CITY of $520,883.00.
d. Will enter into a cooperative construction agreement regarding County Project No. CP 21-15
and CP 21-16 with CITY prior to the transfer of CSAH parcel.
e. Will use CSAH Parcel for storm water management purposes only.
2.4 GENERAL REQUIREMENTS
a. All conveyance documents requiring STATE signature must be acceptable to the director,
Mn!DOT Office of Land Management.
b. The parties will use their best efforts to complete all property transfers as expeditiously as
reasonably possible;
1. All parcel transfers are anticipated to be completed by May 1, 2011.
2. The transfer of Bridge No. 4175 is anticipated to be completed by May 1,2011.
2.5 FUTURE RESPONSIBILITES
a. Upon transfer of Bridge No. 4175 by the STATE, the COUNTY will operate the bridge in
accordance with commitments made to the federal government. The COUNTY will be
responsible for all maintenance and operation costs, including the costs of replacing and
removing the bridge when necessary. The COUNTY will establish an "endowment fund" to
fund maintenance of the bridge. The COUNTY will be required to pay all costs of maintenance,
operation, replacement, and removal regardless of whether the endowment exists or has
sufficient funds. The COUNTY will not call upon the STATE to make or fund any repair,
replacement, or removal of the bridge using the trunk highway funds. The COUNTY will be
responsible for all suits, actions, and claims of any character associated in any way with the
bridge arising on or after the date of transfer of the bridge. The COUNTY will indemnify,
defend and hold the STATE, it's officers and employees harmless from all suits, actions, and
claims of any character associated in any way with the bridge.
b. Upon transfer of Bridge No. 4175 and parcels 75, 61A, 63, 63A and 66 by the STATE, the
STATE will have no further responsibility to maintain, repair or reconstruct the bridge, the
parcels, or any structure located on the parcels.
4 Authorized Representatives
4.1 The STATE's Authorized Representative is: Scott McBride, District Engineer, Waters Edge Building,
1500 W. County Road B-2Roseville, MN 55113; 651-234-7700, or his/her successor.
4.2 The COUNTY's Authorized Representative is Mitch Rasmussen, County Engineer, 600 Country Trail
East, Jordan, MN 55352; 952-496-8346, or his/her successor.
Joint Powers Agreement (Rev. 6/03) 3
Mn/DOT Contract No. 95285P
4.3 The CITY's Authorized Representative is Bruce Loney, Public Works Director, City of Shako pee, 129
Holmes Street S., Shakopee, MN, 55379, 952-233-9361 or his/her successor.
S Assignment, Amendments, Waiver, and Contract Complete
5.1 Assignment. No party to this agreement may assign or transfer any rights or obligations under this
agreement without the prior consent of the parties and a fully executed Assignment Agreement,
executed and approved by the same parties who executed and approved this agreement, or their
successors in office.
5.2 Amendments. Any amendment to this agreement must be in writing and will not be effective until it has
been executed and approved by the same parties who executed and approved the original agreement, or
their successors in office.
5.3 Waiver. If any party to this agreement fails to enforce any provision of this agreement, that failure does
not waive the provision or the right of a party to enforce it.
5.4 Contract Complete. This agreement contains all negotiations and agreements between the STATE,
COUNTY, and CITY. No other understanding regarding this agreement, whether written or oral, may
be used to bind any party.
6 Liability
STATE, COUNTY, and CITY agree that each party will be responsible for its own liability protection and
each party will be solely responsible for its own acts and omissions associated with the performance of this
agreement. STATE'S liability shall be governed by the provisions of the Minnesota Tort Claims Act, Minn.
Stat. ~3.736, and other applicable law. CITY'S liabilities are governed by Minn. Stat. Ch. 466 and other
applicable laws. COUNTY'S liability is governed by Article 2.5(a) of this Contract, Minn. Stat. Ch. 466 and
other applicable law.
7 State Audits
Under Minn. Stat. ~16C.05, subd. 5, the STATE's, CITY's and COUNTY's books, records, documents, and
accounting procedures and practices relevant to this agreement are subject to examination by a party and by
the State Auditor and Legislative Auditor, as appropriate, for a minimum of six years.
8 Government Data Practices
The CITY, COUNTY, and STATE must comply with the Minnesota Government Data Practices Act, Minn.
Stat. Ch. 13, as it applies to all data provided by the State under this agreement, and as it applies to all data
created, collected, received, stored, used, maintained, or disseminated by the Governmental Unit under this
agreement. The civil remedies of Minn. Stat. ~ 13.08 apply to the release of the data referred to in this
clause by either the Governmental Unit or the State.
9 Venue
Venue for all legal proceedings out of this agreement, or its breach, must be in the appropriate state or
federal court with competent jurisdiction in Ramsey County, Minnesota.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their authorized officials.
Joint Powers Agreement (Rev. 6/03) 4
Mn/DOT Contract No. 95285P
1. SCOTT COUNTY 3. Mn/DOT
Recommended for approval by:
By: By:
Title: Scott McBride, District Engineer
Title: Date
Date: APPROVED BY:
By: By:
Title: Title: Khani Sahebjam, Deputy Commissioner
Date: Date:
2. CITY of SHAKOPEE 4. COMMISSIONER OF
By: ADMINISTRATION
Title: delegated to Materials Management Division
Date: By:
Title:
Date:
By:
Title:
Date:
By:
Title:
Date:
Distribution:
Agency
Governmental Units
State's Authorized
Representative - Photo Copy
Joint Powers Agreement (Rev. 6/03) 5
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MEMORANDUM OF UNDERSTANDING
Bridge #4175, Parcel #75 (pill 279110040), CSAH 21 Ponding Location (PID 279140172)
This memorandum. of understanding is entered into by the City of Shakopee (City) and
Scott County (County) on tV (>v. 1'8' ,2008.
WHEREAS, the State Department of Transportation (Mn/DOT) has approached Scott
County about their desire to turnback bridge #4175; and
WHEREAS, this is one of 22 bridges statewide considered historically significant and is
to be preserved under an agreement with FHW A, SHPO and MnlDOT; and
WHEREAS, this bridge does not provide a state trunk highway function at this time and
is no longer appropriate to be on the trunk highway system; and
WHEREAS, Bridge #4175 needs significant maintenance and Mn/DOT is planning a
$5.1 million dollar rehabilitation project in 2012; and
WHEREAS, Scott County provides the bridge inspection for most non~Mn/DOT bridges
within the County; and
WHEREAS, Scott County is the appropriate owner of regional trail connections within
Scott County; and
WHEREAS, Scott County is the owner of the CSAH 101 Bridge and Bridge #4175
which provides the pedestrian and bicycle connections for this bridge; and
WHEREAS, Parcel #75 is currently owned by MnlDOT and was purchased as part of the
TH 169 bypass construction; and
WHEREAS, Parcel #75 has an approximate value of $960,000 with 51.86 acres; and
WHEREAS, the City intends to put a conservation easement on the forested portion and
designate the forested portion as a park; and
WHEREAS, the City intends to construct a Fire Hall and related improvements with the
approximate 9.4 acres of buildable land and an emergency access trail to the Villages of
Southbridge; and
WHEREAS, the City had obtained about 6 acres adjacent to CSAH 21 north of CSAH 16
that is an important site for ponding on CSAH 21; and
WHEREAS, the City of Shakopee still owes Mn/DOT approximately $520,000 payment
for their share of storm sewer from the TH 169 by-pass project; and
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WHEREAS, The City of Shakopee is aware of the deferred assessment for Parcel 75 of
approximately $368,000: and
WHEREAS, Bridge #4175'5 annual maintenance costs are estimated at $5,200/year plus
the need to spot paint members at 10 years and completely repaint at 40 years for an estimated
cost of $2,024,000; and
WHEREAS, Mn/DOT is willing to allow the City of Shakopee to pay Scott County the
storm sewer payment to establish an account to maintain Bridge #4175; and
WHEREAS, the preliminary financial analysis for a forty year projection anticipates a
shortfall in maintenance funding established by the initial $520,000 deposit but coming close to
covering those costs with some of the annual maintenance being covered by Scott County; and
WHEREAS this partnership has the potential to be beneficial to Shakopee, Scott County
and Mn/DOT in the following respects:
MnlDOT would no longer be the owner of a pedestrianlbike bridge that is not a part of
the trunk highway system;
Shakopee would own the land for the park purposes and the construction of a fire hall and
related improvements
Scott County has the parcel needed for CSAH 21 ponding and almost adequate funding to
maintain the bridge for 40 years; and
WHEREAS, the City and County desire to document their respective understandings
regarding commitments of each agency to the future cooperative and tumback agreements that
will need to be executed; and
WHEREAS, the timing of a future Cooperative Agreement between the City and the
County will be dependent upon MnlDOT and the execution of the turnback agreement between
Scott County and MnJDOT and a future Cooperative Agreement between the City and the
County for CR 21 Improvements.
NOW, THEREFORE, IT IS HEREBY UNDERSTOOD THAT:
A. The City of Shakopee:
1. Acknowledges its responsibility for the deferred assessments of approximately
$368,000 on Parcel 75.
2. Acknowledges that it owes MnlDOT storm sewer payments of approximately
$520.000 for the City's share of the storm sewer costs associated with the TH169
by-pass project.
3. Will agree to pay the approximately $520,000, currently owed to MnlDOT, to
Scott County when a Construction Cooperative Agreement for CSAH 21, County
Project No. CP 21-15 and CP 21-16 is entered into between the City and the
County.
4. Will provide fee title to the County to the approximate 6-acre parcel adjacent to
CSAH 21 for ponding purposes when a Construction Cooperative Agreement for
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CSAH 21, County Project No. CP 21-15 and CP 21-16 is entered into between the
City and the County.
B. The County will:
1. Enter into a turnback agreement with DOT for Bridge #4175 and after completion
of MnlDot's rehabilitation project programmed currently for 2012 commit to
maintain the Bridge.
2. Establish an escrow account for maintenance of Bridge #4175 when the City
makes the storm sewer payment of approximately $520,000 to the County.
3. Use the 6-acre parcel adjacent to CSAH 21 only for CSAH 21 ponding purposes.
4. Provide fee title to parcel #75 to the City when a Construction Cooperative
Agreement for CSAH 21~ County Project No. CP 21-15 and CP 21-16
Construction is entered into between the City and the County.
.~
" t ,~ . . ,
.,.
CITY OF SHAKOPEE SCOTT COUNTY
Recommended by:
"'1 e
.,;/ J ...........'~.
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;:/ (" ~t:...l,:..'~~(X..... \~1C~r..1? 1,,'/
,~ '\.. -'" " .. .
Bruce Loney, Public 'Y-9lks Director Lezlie .V
City of Shakopee ' Scott County
Dated: . ., ,- Dated: tIll.! D c{
I
Approved by: Approved by:
~h~ }\ I't l
'- \. f''''""\ i./\ l V\ I U -"'-
""" ) , .
tJ:6n J. S' itt, Mayor R&bcrt f.-:V6gd, Chair I ""So", U{r-lc.h
City of Shakopee Scott County Board of Commissioners
Dated: JrJ, - / 0;-0 If Dated: 1~7~,o9
1LLu2 n L 'J ~!!JShel1lX\
" ..IL WLL!...
Mark McNeill
City of Shakopee Administrator :t(tterillScott County Administrator
l"'/IJt)~ I "(374J9
Dated: u!...! Z.. { Dated:
Dated: D1 - j b ... tJ.l
w:\word\mou\shakopee_bridge 4175 mou.doc
..)' .
.'
BOARD OF COUNTY COMMISSIONERS
SCOTT COUNTY, MINNESOTA
Date: December 2, 2008
Resolution No.: 2008-154
Motion bv Commissioner~ Ulrich
Seconded bv Commissioner: Hennen
RESOLUTION NO. 2008-154; APPROVING THE MEMORANDUM OF UNDERSTANDING (MOU) WITH THE
CITY OF SHAKOPEE FOR THE BRIDGE #4175, PARCEL #75 (PID 279110040), CSAH 21 PONDlNG
lOCATION (prD 279140172)
WHEREAS, a County Board Workshop was held on September 30, 2008, where the background on
this three way partnership was presented, and the County was given direction to move fOlWard with this
partnership; and
WHEREAS. the City and County desire to document their respective understandings regarding
commitments of each agency to the future cooperative and turnback agreements that will need to be executed;
and
WHEREAS, the timing of a future Cooperative Agreement between the City and the County will be
dependent upon MnlDOT and the execution of the tumback agreement between Scott County and Mn/DOr
and a future Cooperative Agreement between the City and the County for CR 21 Improvements.; and
WHEREAS the County's commitment and the City's agreement to accept the three way partnership is
formalized through this MOU.
NOW THEREFORE BE IT RESOLVED, that the Scott County Board of Commissioners hereby
authorizes the Scott County Engineer to authorize a Memorandum of Understanding with the City of
Shakopee, subject to approval by the County Attorney's Office as to form.
COMMISSIONERS VOTE
Wagner P Yesr No r Absent r Abstain
Vogel p Yes r No r Absent r Abstain
Hennen P Yes rNo r Absent r Abstain
Marschall jY1 Yes r No r Absent r Abstain
Ulrich P' Yes r Nor Absent r Abstain
State of Minnesota}
County of Scott )
I. David J. Unmacht, duly appointed qualified and County Administrator for the County of Scott, State of Minnesota, do hereby certify
that I have compared the foregoing copy o(a resolution with the original minutes of the proceedings of the Board of County
Commissioners, Scott County, Minnesota, at their session held on the 2nd day of December, 2008 now on file in my office, and have
found the same to be a true and correct copy thereof.
Wrtness my hand and 0_' seal at Shakopee, Minnesota, fuio ~"'llit r~ j008.__
, *,' County Mmlnistrator
# . .
Administrator's Designee
W:\WORD\RBA_RES_2D08\2008-154_MOU _Bridge 4175.doc
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Bruce Loney 5, A" ,]
From: Knutson, Cyrus (DOT) [Cyrus.Knutson@state.mn.us]
Sent: Monday, February 01, 2010 4:40 PM
To: Rasmussen, Mitch; Freese, Lisa; Heller, Maria; Bruce Loney
Cc: Ackerman, Lisa (DOT)
Subject: Holmes Street bridge Contract
Attachments: 95285P Exhibits.pdf; 02-01-2010 FINAL DRAFT CONTRACT 95285P.doc
Folks,
the following changes were made to the contract per city and county comments.
2.2(d)Will transfer fee title to CSAH Parcel by quitclaim deed to COUNTY for storm water management COUNTY's public
purposes. See Exhibit D for location of CSAH Parcel.
2.3(c)WiII establish an enclawment maintenance fund for the maintenance of Bridge No. 4175 upon payment from CITY
of $520,883.00.
2.3(e)WiII use CSAH Parcel for storm v:ater managementCOUNTY's public purposes only.
The contract is attached. I will print and mail duplicate copies for execution, and working copies for use until the fully
executed duplicates are available.
Cyrus
1
~ 5, A. 3
+-
MnlDOT Contract No. 95285P
I< ~ V I 's ~ 0
STATE OF MINNESOTA
AND
CITY OF SHAKO PEE
AND
SCOTT COUNTY
COOPERATIVE AGREEMENT
This agreement is among the State of Minnesota, acting through its Commissioner of Transportation
("STATE") the City of Shakopee, acting through its City Council ("CITY"), and Scott County, acting through
its Board of Commissioners ("COUNTY").
Recitals
Whereas, STATE, CITY, and COUNTY have a mutual interest in the following transactions to aid delivery of
service and preservation of certain community assets; and
Whereas, STATE is the owner of certain parcels which are better suited for CITY and COUNTY use; and
Whereas, STATE is the owner of Bridge No. 4175, which needs significant historic restoration; and
Whereas, COUNTY now owns and operates all roadways formerly associated with Bridge No. 4175 and is
willing to accept ownership, responsibility, and maintenance of the bridge provided the STATE repair and
restore the bridge prior to its transfer; and
Whereas, CITY wishes to acquire part of Parcel CS7005 (101 =187) 901 75 ("Parcel 75") from STATE for park
purposes, construction of a fire hall, and other public purposes; and
Whereas, CITY wishes to acquire parts of Parcels CS7005 (101=187) 901 61A, 63, 63A, 66 ("Parcels 61A, 63,
63A, 66") from STATE for storm water drainage purposes; and
Whereas, CITY owns and COUNTY wishes to acquire a 6 acre parcel adjacent to CSAH 21 (PID 279140172)
("CSAH Parcel") for storm water management purposes; and
Whereas, CITY is indebted to the STATE for certain costs associated with prior US169 by-pass project; and
Whereas, STATE has agreed to allow CITY to make payment to the COUNTY in lieu of CITY making
payment directly to STATE; and
Whereas, the COUNTY has agreed to use the payment received from the CITY to establish an endowment fund
for continuing expenses of operating and maintaining the bridge for transportation purposes; and
Whereas, STATE, CITY, and COUNTY in consideration of the covenants, and exchanges hereinafter specified,
do hereby mutually agree each with the other as follows:
Joint Powers Agreement (Rev. 6/03) 1
~
~.'
MnlDOT Contract No. 95285P
Agreement
1 Term of Agreement
1.1 Effective date: This Agreement will be effective on the date signed by all of the parties, including
such State officials as are required by Minnesota Statutes Section 16C.05, subdivision 2.
1.2 Expiration date: This Agreement will expire when all obligations have been satisfactorily fulfilled,
except for clauses: 2.5 Future Obligations, 6. Liability, 7. State Audits, 8. Government Data Practices,
and 9.Venue, which survive expiration of this Agreement.
1.4 Exhibits: Exhibits A through D are attached and incorporated into this Agreement.
2 Agreement between the Parties
2.1 STATE OF MINNESOTA:
a. Will convey fee title to part of Parcel 75 by quitclaim deed to CITY for zero dollars. Title will
be conveyed for permanent public purposes, and if the CITY no longer uses the parcel or any
part of it for municipal public purposes the land shall revert back to the STATE. See
Exhibit A for location of parcel 75.
b. Will restore and repair Bridge No. 4175, subject to the availability and encumbrance of funds
for such purpose as required by law. See Exhibit B for location of Bridge No. 4175.
c. Will transfer ownership of Bridge No. 4175 and any additional property in Mn/DOT's control
associated with Bridge No. 4175 to COUNTY, after restoration or repair of the bridge is
complete.
d. Will provide fee title to parts of Parcels 61A, 63, 63A, and 66 to CITY by quitclaim deed for
zero dollars. Title will be conveyed for storm water drainage and if the CITY no longer uses
the parcels or any part of them for municipal public purposes the land shall revert back to the
STATE. See Exhibit C for location of Parcels 61A, 63, 63A, and 66.
e. Will accept payment of $520,883.00 by CITY to COUNTY in lieu of the STATE receiving
payment from the CITY, all in satisfaction of debt owed to STATE for CITY's share of
storm water sewage costs owed to the STATE from the prior US169 project.
2.2 CITY OF SHAKO PEE:
a. Will accept title to and ownership of parts of Parcels 75, 61A, 63, 63A, and 66 and will be
responsible for making payment in full of all assessments on such parcels including, without
limitation, assessments levied and pending on Parcel 75.
b. Will assume responsibility for recording fees on any conveyance documents. CITY shall also
pay the state deed tax and conservation taxes payable upon recording the above deeds.
c. Will pay $520,883.00, currently owed to STATE, to COUNTY.
d. Will transfer fee title to CSAH Parcel by quitclaim deed to COUNTY for COUNTY's public
purposes. See Exhibit D for location of CSAH Parcel.
e. Will enter into a cooperative construction agreement regarding County Project No. CP 21-15
and CP 21-16 with COUNTY prior to the transfer of CSAH parcel.
Joint Powers Agreement (Rev. 6/03) 2
.,
..
Mn/DOT Contract No. 95285P
2.3 SCOTT COUNTY:
a. Will assume all responsibility and obligations for Bridge No. 4175 and any additional
MnlDOT controlled property associated with Bridge No. 4175 upon transfer of ownership by
STATE, and agrees STATE will have no further obligation with regards to maintenance of
the bridge following transfer of title.
b. Will be responsible for paying recording fees on any documents associated with the CSAH
Parcel and Bridge No. 4175. COUNTY shall also pay the state deed tax and conservation
taxes payable upon recording the above deeds.
c. Will establish a maintenance fund for Bridge No. 4175 upon payment from CITY of
$520,883.00.
d. Will enter into a cooperative construction agreement regarding County Project No. CP 21-15
and CP 21-16 with CITY prior to the transfer of CSAH parcel.
e. Will use CSAH Parcel for COUNTY's public purposes only.
2.4 GENERAL REQUIREMENTS
a. All conveyance documents requiring STATE signature must be acceptable to the director,
Mn/DOT Office of Land Management.
b. The parties will use their best efforts to complete all property transfers as expeditiously as
reasonably possible;
1. All parcel transfers are anticipated to be completed by May 1,2011.
2. The transfer of Bridge No. 4175 is anticipated to be completed by May 1,2011.
2.5 FUTURE RESPONSIBILITES
a. Upon transfer of Bridge No. 4175 by the STATE, the COUNTY will operate the bridge in
accordance with commitments made to the federal government. The COUNTY will be
responsible for all maintenance and operation costs, including the costs of replacing and
removing the bridge when necessary. The COUNTY will establish an "endowment fund" to
fund maintenance of the bridge. The COUNTY will be required to pay all costs of maintenance,
operation, replacement, and removal regardless of whether the endowment exists or has
sufficient funds. The COUNTY will not call upon the STATE to make or fund any repair,
replacement, or removal of the bridge using the trunk highway funds. The COUNTY will be
responsible for all suits, actions, and claims of any character associated in any way with the
bridge arising on or after the date of transfer of the bridge. The COUNTY will indemnify,
defend and hold the STATE, it's officers and employees harmless from all suits, actions, and
claims of any character associated in any way with the bridge.
b. Upon transfer of Bridge No. 4175 and parcels 75, 61A, 63, 63A and 66 by the STATE, the
STATE will have no further responsibility to maintain, repair or reconstruct the bridge, the
parcels, or any structure located on the parcels.
4 Authorized Representatives
4.1 The STATE's Authorized Representative is: Scott McBride, District Engineer, Waters Edge Building,
1500 W. County Road B-2Roseville, MN 55113; 651-234-7700, or his/her successor.
4.2 The COUNTY's Authorized Representative is Mitch Rasmussen, County Engineer, 600 Country Trail
East, Jordan, MN 55352; 952-496-8346, or his/her successor.
Joint Powers Agreement (Rev. 6/03) 3
~
.
Mn/DOT Contract No: 95285P
4.3 The CITY's Authorized Representative is Bruce Loney, Public Works Director, City of Shako pee, 129
Holmes Street S., Shakopee, MN, 55379, 952-233-9361 or his/her successor.
5 Assignment, Amendments, Waiver, and Contract Complete
5.1 Assignment. No party to this agreement may assign or transfer any rights or obligations under this
agreement without the prior consent of the parties and a fully executed Assignment Agreement,
executed and approved by the same parties who executed and approved this agreement, or their
successors in office.
5.2 Amendments. Any amendment to this agreement must be in writing and will not be effective until it has
been executed and approved by the same parties who executed and approved the original agreement, or
their successors in office.
5.3 Waiver. If any party to this agreement fails to enforce any provision of this agreement, that failure does
not waive the provision or the right of a party to enforce it.
5.4 Contract Complete. This agreement contains all negotiations and agreements between the STATE,
COUNTY, and CITY. No other understanding regarding this agreement, whether written or oral, may
be used to bind any party.
6 Liability
STATE, COUNTY, and CITY agree that each party will be responsible for its own liability protection and
each party will be solely responsible for its own acts and omissions associated with the performance of this
agreement. STATE'S liability shall be governed by the provisions of the Minnesota Tort Claims Act, Minn.
Stat. S3.736, and other applicable law. CITY'S liabilities are governed by Minn. Stat. Ch. 466 and other
applicable laws. COUNTY'S liability is governed by Article 2.5(a) of this Contract, Minn. Stat. Ch. 466 and
other applicable law.
7 State Audits
Under Minn. Stat. SI6C.05, subd. 5, the STATE's, CITY's and COUNTY's books, records, documents, and
accounting procedures and practices relevant to this agreement are subject to examination by a party and by
the State Auditor and Legislative Auditor, as appropriate, for a minimum of six years.
8 Government Data Practices
The CITY, COillHY, and STl!\..TE must comply \vith the MiI'..nesota Government Data Practices Act, Miml.
Stat. Ch. 13, as it applies to all data provided by the State under this agreement, and as it applies to all data
. created, collected, received, stored, used, maintained, or disseminated by the Governmental Unit under this
agreement. The civil remedies of Minn. Stat. S 13.08 apply to the release of the data referred to in this
clause by either the Governmental Unit or the State.
9 Venue
Venue for all legal proceedings out of this agreement, or its breach, must be in the appropriate state or
federal court with competent jurisdiction in Ramsey County, Minnesota.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their authorized officials.
Joint Powers Agreement (Rev. 6/03) 4
,
.
Mn/DOT Contract No. 95285P
1. SCOTT COUNTY 3. MnlDOT
Recommendedfor approval by:
By: By:
Title: Scott McBride, District Engineer
Title: Date
Date:
APPROVED BY:
By: By:
Title: Title: Khani Sahebjam, Deputy Commissioner
Date: Date:
4. COMMISSIONER OF
2. CITY of SHAKOPEE ADMINISTRATION
delegated to Materials Management Division
By:
Title:
Date: By:
Title:
Date:
By:
Title:
Date:
Distribution:
Agency
Govermnental Units
State's Authorized Representative - Photo Copy
Joint Powers Agreement (Rev. 6/03) 5
.
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Exhibit A MNDOT Agreement No. 95285P
This drawing Is neither a legally recorded map nor a 'J,^~
survey and Is not Intended to be used as one. This [SCott
drawing Is a compilation of records, InformatIon, and
data located In various city, county, and state offices,
and other sources affecting the area shown, arid Is to be w+
used for reference purposes only. Scott County Is not
responsible for any InaccuracIes herein contained. If
dlstrepeancIes are found, please contact the Scott
County Surveyor$ Office. October 1/ 2009
"
,
Exhibit B MNDOT Agreement 95285P
This drawing is neither a legally recorded map nor a '~.~.
survey and Is not intended to be used as one. This Scott ~
draWing Is a compilation of records, InformatIon, and
data located In various city, county, and state offices,
and other sources affecting the area shown, and is to be N (~~
III ~ . .: ~
used for reference purposes only. Scott County Is not W"E -Ltf\ _ "-'
responsible for any inaccuracies herein contained. If
disqepeancles are found, please contact the Scott
County surveyorS Office. s
October 1, 2009
.,
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Exhibit C MNDOT Agreement No. 95285P
Thl.S. draWl.n9 is nei.the. ra. legally recorded m.ap nor a '!Sl'.~.:'
survey and Is not intended to be used as one. This "c:t... tt AI
drawing Is a compilation of records, Information, and ,;,;:,CO
dat9 located In various city, county, and state offices, f ;
and other Sources affecttngthe area shown, and Is tp be !oJ -i'. . "I'ittl
used for reference purposes only. Scott County Is not .. J..: ....LJ"\.""-. ~
re. sponSibl.e for any Inaccuracies herein contained.. If W. .' E
dlscrepeanCles are found, please contact the Scott
. . .. .. ... . ~
County Surveyors Office. . October 2, 2009
..
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Exhibit D MNDOT Agreement 95285P
This drawing is neitherq legally recorded map nor a. r&ott
survey and Is not Intended to be used as one. This d
drawing is a compilation of records, informatIon, and
data located In various cIty, county, and state offices,
and other soUrces affecting the ar~a snown, and Is to be N
used for reference purposes only. Scott County is not \11.1>
responsible for any Inaccuracies herein contained. If
dlscrepeancies are found, please contact the S.cott
County Surveyors Office. s October 1, 2009