HomeMy WebLinkAboutJune 17, 2025 - Council Packet2
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CITY OF SHAKOPEE
Monthly Financial Report
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YTDMayMay YTDBudget May YTD
si
2025
20252025Balance Percent 2024
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Budget
ActualActualRemainingUsedActual
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01000 - GENERAL FUND
REVENUES:
* - TAXES23,446,45079,55679,55623,366,8940%86,282
* - SPECIAL ASSESSMENTS17,0000017,0000%0
* - LICENSES AND PERMITS3,810,750516,2142,530,7091,280,04166%2,010,619
* - INTERGOVERNMENTAL5,430,000386,3941,753,4543,676,54632%1,611,635
* - CHARGES FOR SERVICES5,236,800625,8822,992,6732,244,12757%2,356,613
* - FINES AND FORFEITS325,20037,209139,447185,75343%120,044
* - MISCELLANEOUS537,10094,676409,856127,24476%315,526
TOTAL REVENUES38,803,3001,739,9317,905,69630,897,60520%6,500,719
EXPENDITURES:
11 - MAYOR & COUNCIL(205,900)(8,209)(115,901)(89,999)56%(60,917)
12 - ADMINISTRATION(2,726,280)(197,555)(1,052,082)(1,674,198)39%(946,349)
13 - CITY CLERK(480,700)(34,086)(165,381)(315,319)34%(226,854)
15 - FINANCE(1,166,950)(437,151)(702,771)(464,179)60%(664,402)
17 - PLANNING AND DEVELOPMENT(765,540)(60,499)(282,965)(482,575)37%(342,392)
18 - FACILITIES(694,300)(45,529)(220,806)(473,494)32%(221,781)
31 - POLICE DEPARTMENT(12,973,990)(938,541)(4,623,725)(8,350,265)36%(3,957,993)
32 - FIRE(4,448,100)(323,019)(1,540,286)(2,907,814)35%(1,422,263)
33 - INSPECTION-BLDG-PLMBG-HTG(2,132,100)(148,416)(880,632)(1,251,468)41%(792,024)
41 - ENGINEERING(1,430,500)(110,919)(495,996)(934,504)35%(470,781)
42 - STREET MAINTENANCE(2,846,050)(199,322)(805,019)(2,041,031)28%(792,991)
44 - FLEET(607,800)(39,128)(198,567)(409,233)33%(218,106)
46 - PARK MAINTENANCE(3,514,200)(319,438)(1,393,503)(2,120,697)40%(1,188,684)
67 - RECREATION(5,558,990)(521,763)(2,110,466)(3,448,524)38%(1,916,769)
91 - UNALLOCATED(127,900)(1,951)(3,433)(124,467)3%(2,391)
TOTAL EXPENDITURES(39,679,300)(3,385,525)(14,591,535)(25,087,765)37%(13,224,696)
OTHER FINANCING
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* - TRANSFERS IN876,00000876,0000%0
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OTHER FINANCING TOTAL876,00000876,0000%0
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FUND TOTAL0(1,645,594)(6,685,840)6,685,840(6,723,977)
Key
Varies more than 10% than budget positively
Varies more than 10% than budget negatively
Within 10% of budget
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RESOLUTION R2025-071
A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA APPROVING
THE CITY TO SUBMIT
PERFORMANCE MEASUREMENT PROGRAM REPORT
_____________________________________________________________________________________
WHEREAS, the City of Shakopee supports the submission of the Minnesota Council on Local
.
WHEREAS, benefits to the City of Shakopee for participation in the Minnesota Council on
Comprehensive Performance Measurement Program are outlined in
Minnesota Statute 6.91 and include eligibility for reimbursement as set by State statute; and
WHEREAS, any city/county participating in the comprehensive performance measurement
program is also exempt from levy limits for taxes if levy limits are in effect; and
WHEREAS, the City Council of the City of Shakopee, Minnesota has adopted and
implemented at least 10 of the performance measures, as developed by the Council on Local
Results and Innovation, and a system to use this information to help plan, budget, manage and
evaluate programs and processes for optimal future outcomes; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,
MINNESOTA AS FOLLOWS: The City Council of the City of Shakopee, Minnesota will continue to report
the results of the performance measures to its citizenry by the end of the year through publication,
through a public hearing at which the budget and levy
will be discussed and public input allowed.
BE IT FURTHER RESOLVED, the City Council of the City of Shakopee, Minnesota will submit to
the Office of the State Auditor the actual results of the performance measures adopted by the City.
Adopted in the regular session of the City Council of the City of Shakopee, Minnesota, held this
th
17 day of June 2025.
____________________________________
Matt Lehman,
Mayor of the City of Shakopee
ATTEST:
______________________________
Richard Parsons
City Clerk
Prepared by:
City of Shakopee
485 Gorman Street
Shakopee, MN 55379
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Attachment A
Workplan and Budget
SWIFT Number: 266759
AI: 103472
Activity ID: PRO20250001
Project Title: Shakopee Stormwater Resilience Study
1. Project Summary:
Organization: City of Shakopee
Contractor Contact Name: Kirby Templin
Title: City Engineer
Address: 485 Gorman Street,
Shakopee, Minnesota 55379
Phone: 952-233-9361
Email: ktemplin@shakopeemn.gov
Minnesota Pollution Control Agency (MPCA) Contact:
MPCA Project Manager: Liz Wiese
Title: Project Manager
Address: 7678 College Road, Suite 105
Baxter, Minnesota 56425
Phone: 651-757-2072
Email: liz.wiese@state.mn.us
Project Information
Total Cost: Grant: $47,700.00 Match: $5,300.00 Project Total: $53,000.00
Brief Project Summary:
This planning project will prepare the City of Shakopee to enhance the resilience of its stormwater system in its
Downtown and Upper Valley watersheds. These watersheds lie within Environmental Justice Areas based on
the poverty level (census tract #27139080400) and percentage of people of color (census tracts #27139080303
and #27139080307). The project will therefore advance environmental justice by enhancing the resilience of
stormwater infrastructure which serves an at-risk community.
2. Goal Statement, Project Deliverable(s), Tasks, and Subtasks
Goal Statement: This project will use hydrologic/hydraulic modeling to identify and analyze infrastructure
areas that are vulnerable to localized flooding. The modeling effort will give particular attention to projected
changes in precipitation patterns. The insights gained from climate projections and stormwater modeling will
inform a feasibility study that lists stormwater vulnerabilities for each watershed and compares design
alternatives for enhancing the resilience of stormwater infrastructure to increased frequency and severity of
rainfall events.
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Project Deliverables: This project will culminate in a feasibility study that features a prioritized list of
stormwater vulnerabilities in each watershed. The study will also compare design alternatives for at least three
precipitation and associated flooding. Importantly, this study will be informed by a hydrologic/hydraulic model
that integrates climate projection data to assess the vulnerability of infrastructure that serves Environmental
Justice Areas where there are known, but to-date unquantified flooding issues.
Task 1 of 2: Preliminary Feasibility Study
Subtask 1a: Hydrologic/Hydraulic Modeling
Brief description of activities involved: The Project Team will update and refine a 2018 model of the
stormwater drainage and storage infrastructure within the Downtown and Upper Valley watersheds. The
Project Team will model existing conditions to reflect recent development and will integrate projected
climate patterns to identify areas that are vulnerable to flooding. Particular attention will be given to
Environmental Justice Areas within the City that are situated at the lowest point within the watersheds and
are therefore subject to flooding. After updating and refining the existing conditions model, the Project Team
will develop a prioritized list of stormwater vulnerabilities in both watersheds. For at least three of the listed
vulnerabilities, the Project Team will then model proposed alternatives to determine the most effective
solutions for addressing localized flood concerns and other climate risks.
Subtask 1b: Preliminary Feasibility Study
Brief description of activities involved: The preliminary feasibility study will include (i) a summary of the
existing and projected conditions for drainage and storage infrastructure; (ii) a prioritized list of issues and
vulnerabilities; (iii) alternatives considered/modeled for at least three potential improvement projects; (iv) a
and (iv) concluding
recommendations. City involvement will be crucial, and the Project Team will meet with City staff at least
two times to discuss the progress and direction of the feasibility study.
Task 2 of 2: Final Report and Project Deliverables
Subtask 2a: Submit Grant Final Report
Brief description of activities involved: The Project Team will provide a final grant project report using the
MPCA template approximately one month prior to the end of the grant agreement of June 30, 2026, or at
completion of the project, whichever occurs first. The Project Team will respond to one round of comments
by the MPCA authorized representative for additional information and/or corrections to the report.
Subtask 2b: Submit Project Deliverables
Brief description of activities involved: The Project Team will provide electronic files of all project
deliverables to the MPCA authorized representative prior to the end of the grant agreement of June 30,
2026, or at the completion of the project, whichever occurs first.
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3. Budget
Budgeted Cash
Cost Category Grant Funds Total Budget
Match
Group Leader - Moore
$10,700.00 $4,300.00 $15,000.00
Engineering, Inc (MEI)
Senior Professional Engineer
$19,000.00 $1,000.00 $20,000.00
(MEI)
Professional Engineer I (MEI) $18,000.00 $0.00 $18,000.00
Totals (Not to Exceed) $47,700.00 $5,300.00 $53,000.00
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MOORE ENGINEERING, INC.
202 BILLING SCHEDULE
Effective January 1, 2025
NOTE: Rates contained in this Billing Schedule are valid until December 31, 2025. After December 31, 2025, Hourly
Billing Rates will be escalated annually and direct expenses may be adjusted to meet market conditions.
Billing Rate
Description
Per Hour
1Principal - SR Project Manager - CSR$240 - $275
2Project Manager - SR PE$225 - $235
0Technical Advisor I, II, SR $ - $300
3Professional Engineer I, II$185 - $205
4Graduate - Project Engineer$140 - $165
5Engineering Designer I,II, SR$150 - $180
6Engineering Technician I, II, III$95 - $150
7Environmental Scientist I, II, II, SR$155 - $225
8Environmental Technician Intern, I, II$95 - $145
9Hydrogeologist Staff, Project,Professional II, I, SR$145 - $205
10Landscape Architect I, II, SR$130 - $175
11Project Administrator I, II, SR$125 - $175
Office Administrator I, II, SR
12$111 - $170
CADD Technician I, II, III
13$105 - $150
14Senior GIS Coordinator - GIS Manager$180
15GIS Analyst - GIS Developer $160 - $170
16GIS Programmer I,II,III$140 - $165
17GIS Technician I, II, III$115- $160
18GIS Specialist I, II, III$145 - $170
19Land Surveyor - Senior Land Surveyor$180 - $200
20Survey Manager$185
21Survey Crew Chief I, II - Survey Data Analyst$155 - $195
22Project Coordinator - CADD Standards Coordinator$155 - $185
23Funding Specialists$115 - $150
24Survey Technician I,II, III$100 - $140
25Construction Engineer/Specialist, I, II, SR$155 - $210
26Drone Operator - Drone Services Coordinator$150 - $165
27Administrative Assistant I, II$85 - $97
Per current IRS rateper mile
Travel ExpensesProject Mileage
LodgingAt Cost
MealsAt Cost
Per Diem$6.00per day
Survey SuppliesIron Pins$1.25each
Fence Posts$5.00each
Motorized Offroad Vehicles | Drone Equipment$75.00per day
Miscellaneous Project ExpensesAt Cost
Sub ConsultantsAt Cost
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AMENDED & RESTATED LICENSE AGREEMENT
(Quarry Lake Bike Park Blue Lake Generating Plant)
THIS AMENDED AND RESTATED LICENSE AGREEMENT, (the ) dated
effective the _____ day of _________, 2025, is by and between NORTHERN STATES POWER
COMPANY, a Minnesota corporation, at an address of 414 Nicollet Mall, Minneapolis, MN 55401
(hereinafter referred to as ) and the CITY OF SHAKOPEE, a Minnesota municipal
corporation, at an address of 129 Holmes St. S. Shakopee, MN 55379 (hereinafter referred to as
).
WITNESSETH
WHEREAS, Xcel Energy and the City of Shakopee executed a license agreement on
November 30th, 2020, and both parties wish to amend and restate said license agreement to include
an additional trail segment.
WHEREAS, This Agreement shall supersede, amend and replace all prior agreements and
understandings between the parties regarding the subject matter herein;
WHEREAS, Xcel is the fee owner of certain real property located in the City of Shakopee,
Scott County, Minnesota, which is shown on the attached Exhibit A
referred to as the Licensed Property
The North 880.00 feet of the West 1375.00 feet of the South Half of the Northwest Quarter
of Section 11, Township 115 North, Range 22 West, Scott County, Minnesota.
WHEREAS, City is the fee owner of certain real property located in the City of Shakopee,
Scott County, Minnesota, lying north of and adjacent to, the Licensed Property. This property is
shown on the attached Exhibit B City Property
legally described as:
That part of the Southwest Quarter of Section 2, Township 115, Range 22, Scott County,
Minnesota, lying southerly of the Chicago, St. Paul, Minneapolis and Omaha Railroad right-
of-way and lying westerly of the following described line:
Commencing at the southeast comer of said Southwest Quarter; thence South 88
degrees 54 minutes 09 seconds West, assumed bearing, along the south line of said
Southwest Quarter a distance of 875.30 feet to the point of beginning of the line to
be described; thence North 27 degrees 50 minutes 53 seconds West a distance of
227.96 feet; thence North 08 degrees 48 minutes 39 seconds East a distance of
410.90 feet more or less to the southerly right-of-way line of said railroad and there
terminating.
Subject to an easement to construct, maintain, repair and operate a railroad spur
track, over under and across the north 60.00 feet of the above described property
adjacent to the southerly line of said railroad right-of- way.
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AND
That part of the North Half of the Northwest Quarter of Section 11, Township
115, Range 22, Scott County, Minnesota, lying westerly and southerly of the
following described line:
Commencing at the northeast comer of said North Half of the Northwest Quarter;
thence South 88 degrees 54 minutes 09 seconds West, assumed bearing, along the
north line of said North Half of the Northwest Quarter a distance of 875.30 feet to
the point of beginning of the line to be described; thence South 27 degrees 50
minutes 53 seconds East a distance of 309.03 feet; thence South 81 degrees 27
minutes 05 seconds East a distance of 60.00 feet; thence North 70 degrees 30
minutes 38 seconds East a distance of 237.31 feet; thence North 86 degrees 26
minutes 19 seconds East a distance of 447.75 feet more or less to a point on the
east line of said North Half of the Northwest Quarter distant 191.94 feet southerly
of the northeast comer and there terminating.
WHEREAS, Xcel owns and operates on property east of and adjacent to Licensed Property,
;
WHEREAS, City desires to construct, use, and maintain on the Licensed Property, a mountain
bike park, and;
WHEREAS, Xcel is willing to permit City the use of the Licensed Property for the purposes
as stated herein, on a non-exclusive basis, subject to the terms and conditions of this Agreement, and;
WHEREAS, City is aware of the proximity of the Licensed Property to the operating
properties of Xcel and the potential need by the Xcel to terminate this Agreement if Xcel determines
an operating need for the Licensed Property.
NOW, THEREFORE, in consideration of the mutual covenants and obligations set forth
herein, Xcel and City agree as follows:
1. Grant of Right of Entry. Xcel hereby grants to City the non-exclusive right to enter upon and
use the Licensed Property.
2.
herein, specifically for activities involving or occurring near Xcel Energy's existing underground gas
C
3. Term. The term of this License shall be for a period of five (5) years, commencing on the
Term or the
City may terminate this License for any reason or no reason by providing the other
notice directed to the last day of any one year term.
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3. Allowed Uses/Restrictions.
a) City shall use the Licensed Property to construct, use and maintain mountain bike
Permitted Use
construction of any structures, utilities, parking spaces, improvements or buildings
on the Licensed Property without the prior written consent of Xcel. Upon request
for approval, Xcel shall promptly review the request and shall not withhold said
approval unreasonably.
b) A set of construction plans for the Permitted Use must be submitted to Xcel for
approval prior to the execution of this Agreement.
c) The City shall bear the entire cost associated with the Permitted Use.
d) The City is responsible to obtain all permits, authorizations or other regulatory
approvals necessary for the development and operation of the Permitted Use. The
City is solely responsible to meet all regulatory requirements for the construction
and operation of any development. All developments must meet all existing permit
requirements set forth in the existing agreements and all applicable laws.
e)
agents, independent contractors, subcontractors, volunteers, invitees, and
suppliers.
4. Maintenance and Development of Property:
a) Xcel and City agree to work together to maintain access to the Blue Lake
Gate
b) City shall install temporary signage on the Licensed Property to notify members
of the public and others of access restrictions, access hours, emergency contact
information, and other items as set forth in this Agreement. City shall ensure all
signage and any other items or equipment that are located or installed on the
Licensed Property for the Permitted Use will be removed prior to the expiration
of the Agreement. City shall ensure that there will be no signage or references
that will defame or present Xcel in a negative or harmful way.
c) City shall ensure Xcel or its contractors acting on behalf of Xcel has access to the
Licensed Property at any and all times.
d) City shall ensure all of the Licensed Property is kept free of rubbish, waste and
debris, and that the Licensed Property is kept in a neat, safe and orderly
condition. Upon expiration or termination of the Agreement, the Licensed
Property will be returned to Xcel in substantially the same condition as when the
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City was granted the License, but for the City will not be responsible for removal
of any of the installed improvements approved by Xcel. The City will have 90
days from the effective date of termination of this Agreement to remove any
improvements, at its discretion.
e) The Licensed Property shall not be used in any manner or form inconsistent with
the Permitted Use of the Licensed Property stated herein.
f) The City shall install a six-foot chain-link fence along the eastern side of the
Licensed Property to provide security to the Blue Lake Generating Plant. The
location and construction plans must be submitted to Xcel for approval prior to
the start of construction.
5. Default. Violation of any term or condition under this Agreement by either party is deemed
a default and is grounds for termination of this Agreement. If City is in default or if this Agreement
is terminated as provided in Section 4 above, it shall be lawful for Xcel to declare the Term ended, to
enter the Licensed Property, either with or without legal process, and to remove City or any other
person or persons from the Licensed Property, using such force as may be necessary, without being
liable for prosecution, or for damages, and to repossess the Licensed Property free and clear of any
right of City. If, at any time, this Agreement is terminated under this paragraph, City agrees to
peacefully surrender the Licensed Property to Xcel immediately upon termination, and immediately
stop work and remove all
the Licensed Property, City shall be deemed guilty of forcible entry and detainer, and waiving notice,
shall be subject to forcible eviction with or without process of law.
6. Compliance with Laws, Rules & Regulations. At its sole cost and expense, City shall give all
necessary notices and obtain all required permits, licenses, authorizations and approvals and shall
comply and ensure that all of its employees, agents, independent contractors, subcontractors,
suppliers, invitees and representatives comply with all applicable federal, state and local laws,
ordinances, governmental rules and regulations relative to the operations under this Agreement,
including those relating to the preservation of the public health and safety, employment laws,
environmental laws, zoning, ordinances, rules and regulations and those within the Occupational
Safety and Hazard Act (OSHA). City shall be liable for any fines or assessments levied thereunder
against City resulting from its acts or omissions hereunder.
7. Insurance.
Licensed Property, currently in the amount of One Million and Five Hundred Thousand Dollars
($1,500,000.00) for any number of claims arising from a single occurrence) and shall name Xcel as an
additional insured, which coverage shall be evidenced by a Certificate of Insurance provided to Xcel
prior to access to and occupation of the Licensed Property and annually thereafter. City warrants
that it is able to comply with indemnity and insurance coverage requirements set forth in this Section
7. City shall also direct that its contractors, subcontractors, or agents including, without limitation, all
contractors, subcontractors, name Xcel as an additional insured under all policies of insurance carried
by same and relating to work done at the Licensed Property.
8. Safety. City shall identify all hazardous and potentially hazardous areas on or about the
Licensed Property and shall inform its employees, independent contractors, subcontractors, suppliers,
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invitees and representatives and members of the public so as to safeguard against any and all hazards
or other safety risks.
9. Hazardous Materials. Except with the express written permission of Xcel, City shall not bring
onto the Licensed Property, or permit to be brought onto the Licensed Property, any hazardous or
toxic substance, waste, pollutant, contaminant or material (including petroleum) regulated by the State
of Minnesota, the United States Government, or any other local, state, or federal government authority
onto the Licensed Property (with or without permission of Xcel), City shall comply with all applicable
laws, ordinances, and regulations of federal, state, and local government agencies related to such
Hazardous Materials. City shall remove such Hazardous Materials from the Licensed Property
immediately upon request of Xcel. City shall bear all costs related to environmental investigation,
clean-up, removal, or restoration of any water, air, groundwater, natural resources, soil, or land,
including, but not limited to the Licensed Property, arising out of the acts or omissions of City, its
employees, agents, contractors, subcontractors, invitees, suppliers, and other persons. City will
immediately advise Xcel in writing of any of the following: (a) any pending or threatened
enviro
subcontractors, invitees, suppliers, and other persons relating to the Site; (b) any condition or
occurrence on the Licensed Property that (i)
employees, agents, contractors, subcontractors, invitees, suppliers and other persons with any
applicable Hazardous Materials Laws, or (ii) could reasonably be anticipated to form the basis of an
environmental
suppliers and other persons, or Xcel or the Licensed Property; (c) any condition or occurrence on the
Licensed Property or any property adjoining the Licensed Property that could reasonably be
anticipated to cause transferability of the Premises under any Hazardous Materials Laws; and/or (d)
the actual or anticipated taking of any removal or remedial action by City in response to the actual or
alleged presence of any Hazardous Material on the Licensed Property. All such notices shall describe
in reasonable detail the nature of the claim, investigation, condition, occurrence or removal or remedial
th copies of all
communications regarding the Licensed Property with any governmental agency relating to Hazardous
Materials laws, all such communications with any person relating to environmental Claims, and such
detailed reports of any such environmental Claim as may reasonably be requested by Xcel.
Hazardous Materials Laws means any federal, state, or local laws (including
common law), regulations, ordinances, orders or decrees of any applicable
authority relating to, or claiming jurisdiction over the Site in question, concerning
protection or preservation of human health, the environment or natural resources
including, without limitation, the Toxic Substances Control Act (15 U.S.C. § 2601,
et seq.), the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980, (42 U.S.C. § 9601,
Disposal Act, as amended by the Resource Conservation and Recovery Act (42
U.S.C. § 6901, et seq.), the Hazardous Material Transportation Act, (49 U.S.C. §
5101, et seq.), the Federal Water Pollution Control Act, (33 U.S.C. § 1251, et seq.),
the Clean Air Act, (42 U.S.C. § 7401, et seq.), the Low-Level Radioactive Waste
Policy Act, 42 U.S.C. 2021b et seq., and applicable state counterparts, and their
implementing regulations, all as amended from time-to-time, as well as any other
such authorities relating to (i) any spill, discharge, release or emission to the
environment (including, but not limited to, air, surface water, groundwater, sand,
soils, sediment); (ii) the quality of any environmental medium; (iii) the generation,
4:
treatment, recycling, storage, disposal, transportation or other handling or
management of Hazardous Materials; (iv) the contamination or pollution of any
environmental medium; or (v) responsibility for environmental conditions or
activities affecting the environment.
10. Costs. City shall timely pay all fees, taxes, wages, salaries and other charges and expenses in
any manner associated with this Agreement.
11. Security. City shall provide all security necessary pursuant to this Agreement, including that
Xcel shall have no liability for any injury, loss or damage arising
such security. City shall provide all security necessary pursuant to this License, to protect Xcel's
personal and real property.
12. Partnership or Joint Venture. Nothing in this Agreement shall be interpreted or construed as
Property.
13. Indemnification and Limitation of Liability.
As used in this Agreement
investigation, removal, remedial, and restoration costs, and consultant and other fees and expenses; and
(4) any and all other costs or expenses.
As used in this Agreement
the exacerbation of or exposure to any pre-existing (as of the effective date of this Agreement)
Hazardous Materials already present or exacerbation or exposure to any pre-existing environmental or
natural resource impairment or damage; (3) the introduction of Hazardous Materials or any new
environmental or natural resource impairment or damage to the Licensed Property that is not pre-
existing on the effective date of this Agreement; (4) loss of profits or other economic injury; (5) disease
or actual or threatened health effect; and (6) any consequential or other damages.
City covenants and agrees to the fullest extent permitted by law to indemnify, hold harmless, and defend
Xcel, including its officers, officials, employees, agents, successors, and assigns, against any and all claims,
liability, costs, or expenses (including
or injury to persons or property arising from use of the Licensed Property under this Agreement, or its
negligence or willful misconduct. This paragraph shall not be construed as waiver by the City of any
statutory liability limitations or immunities set forth in Minnesota Statutes Chapter 466.
Claims and Injury, including, but not limited to:
a) Claims asserted by any person or entity, including, but not limited to, employees of
the City or its contractors, subcontractors, or their employees;
51
b) Claims arising from, or alleged to be arising in any way from, the existence at or near
the Licensed Property of (1) electric power generation, transmission, distribution, or
related facilities; (2) electricity or electromagnetic fields; (3) natural gas gathering,
storage, transmission, distribution, or related facilities; (4) asbestos or asbestos
containing materials; (5) any Hazardous Materials, regardless of origin; or
c) Claims arising from, or alleged to be arising in any way from, the acts or omissions
of the City, its invitees, employees, agents, contractors, invitees and other persons.
Neither party shall be liable to the other for punitive, indirect, exemplary, consequential, or incidental
damages arising in connection with this Agreement, and each party hereby waives its right to claim any
such damages.
This Section 13 shall survive expiration or termination of this Agreement.
14. Covenant Not to Sue. City, for itself and its representatives, successors, and assigns, does
hereby covenant and agree not to sue or bring any action (whether legal or not) against Xcel for injuries
employees, agents,
independent contractors, subcontractors, invitees, suppliers, representatives, customers or members
and associated activities and presence in and about the Licensed Property except due to Xcel's gross
negligence or willful misconduct.
15. City agrees that use of the Licensed Property by the City
hereunder, or its employees, agents, contractors, subcontractors, invitees, suppliers and other persons
and members of the public, shall be at the sole risk and expense of City.
16. Services.
requested by the City to or on the Licensed Property shall be at the sole expense of the City and must
be approved by Xcel in advance.
17. Distance and Height Requirements. The City shall construct and use the Site so as to maintain
the maximum distance between the Permitted Use and the Xcel's electric and natural gas facilities, or
other facilities located on the Licensed Property, allowable by the height, width and terrain of the
Licensed Property. If the Permitted Use crosses over or under the Xcel's electric, or natural gas facilities
the crossing shall be as directed by the Xcel. Notwithstanding the foregoing, minimum vertical and
horizontal separations, as directed by the Xcel, shall be maintained on all crossings and parallel
encroachments.
18. Removal and Relocation. The City shall remove at its own expense, the Permitted Use from the
Licensed Property, or any part thereof, or relocate the same to a different location on the Licensed
Property as requested by the Xcel, if the Permitted Use should interfere in the Xcel's sole and absolute
discretion, with the operation and maintenance of the Xcel's facilities as now or hereafter constructed.
In the event that the City's use of the Licensed Property should, in the reasonable judgment of the Xcel,
constitute a hazard to the Xcel's facilities or the general public, the Xcel may require immediate removal,
relocation, or modification of the Permitted Use to eliminate such interference or hazard, and may
52
suspend the City's right to use the Licensed Property under this Agreement until such removal,
relocation, or modification is completed.
19. Disclaimer of Warranty. Xcel makes no representation as to the suitability of the Licensed
Property for the Permitted Use and no such representation, or any other representations, are made by
Xcel or shall be implied by operation of law or otherwise. Additionally, Xcel shall have no
responsibility or liability, of any kind, type, nature or description on account of the failure, cessation
or termination of electric service to the Licensed Property; on account of inadequate or improper
functioning of the equipment of City; on account of any interference, regardless of source, with the
exception of interference caused by any of Xcel's equipment that is not operating within its own
specific license parameters, with signals transmitted from the equipment of City, of any kind, type,
nature or description, including by way of illustration but not limitation, loss or damage due to fire,
water, windstorm, hail, lightning, earthquake, riot, vandalism, theft, acts of contractors, acts of agents
or employees or others utilizing the Licensed Property, or for any other cause. Further, the Xcel shall
have no liability or responsibility of any kind, nature or description for maintenance, repair, restoration
or renovation of the equipment of the City.
20. Assignment. City shall not assign, sell, delegate, subcontract or otherwise transfer or
encumber in any manner whatsoever, all or any portion of the rights, duties or obligations under this
Agreement. Any such transfer or encumbrance shall be null and void and shall permit Xcel to
terminate this Agreement immediately without written notice.
21. Xcel reserves the right, at any time and from time to time, to make
such use of the Licensed Property as it may desire, at its sole discretion and for any purpose, including,
but not limited to, the construction, operation or maintenance of its electric power generation,
transmission or distribution and appurtenant facilities located or to be located on the Licensed
Property. City will ensure that Xcel has unimpeded access to any and all facilities located on the
Licensed Property. In the exercise by Xcel of all of the foregoing rights, Xcel will use its best efforts
not to materially interfere with the Permitted Use. However, Xcel shall not in any event be liable for
inconvenience, annoyance, disturbance or other damage to City, or the Permitted Use, by reason of
the exercise of the foregoing rights or any other rights of Xcel to enter into or use the Licensed
Property, and the obligations of City under this License shall not be affected in any manner.
22. Encumbrances. City shall keep the Licensed Property free and clear of any and all liens and
encumbrances arising
Licensed Property by anyone in connection with the Permitted Use.
23. Entire Agreement. This Agreement and Exhibit attached hereto and by this reference
incorporated herein, constitute the full and complete understanding of the parties regarding the subject
matter hereof. This Agreement shall supersede and replace all prior or contemporaneous oral or written
agreements, correspondence or understandings. Any modification or amendment of this Agreement
must be made in writing and executed by both parties hereto.
24. Amendment. This Agreement may be amended only by a written amendment signed by both
parties.
25. Licensed Interest Only. This License does not convey an interest in real property.
53
26. Non-Transferable Right.
improvements and shall not run with the property.
27. Miscellaneous.
a) This Agreement shall be construed in accordance with and governed by the laws of
the state of Minnesota.
b) All communications and notices to a party in connection with this Agreement shall be
in writing. Said notice shall become effective (i) upon personal delivery thereof,
including by overnight mail or next business day or courier service, (ii) in the case of
notice by United States mail, certified or registered, postage prepaid, return receipt
requested, upon receipt thereof. All notices shall be addressed as follows, or to such
other address as any party may designate by written notice to the other party.
For notice to City:
City of Shakopee
485 Gorman St.
Shakopee, MN 55379
Attn: City Administrator
For notice to Xcel:
Xcel Energy
Attn: Siting & Land Rights
414 Nicollet Mall
Minneapolis, MN 55401
28. Counterparts. This Agreement may be executed in any number of counterparts, each of which
shall be an original, but all of which together shall constitute one instrument.
29. Binding Effect. All the terms, conditions and covenants of this Agreement shall be binding
and shall inure to the benefit of the successors and assigns of the parties hereto.
\[signatures continued on the next page\]
54
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the dates
indicated below:
Agreed to and accepted by Xcel this _____ day of _____________, 2025.
NORTHERN STATES POWER COMPANY,
a Minnesota corporation
By:_____________________________________
Peter D. Gitzen, Manager
Siting & Land Rights
Xcel Energy Services Inc.
an Authorized Agent for Northern States Power Company,
a Minnesota corporation
Agreed to and accepted by the City this _____ day of _____________, 2025.
CITY OF SHAKOPEE
a municipal corporation
By: _______________________________
Matt Lehman
Its: Mayor
By: _______________________________
William H. Reynolds
Its: City Administrator
55
Exhibit A
56
Exhibit B
57
ATTACHED TO AND MADE A PART OF THE AMENDED AND RESTATED LICENSE AGREEMENT
DATED _______________, 2025, BETWEEN
XCEL ENERGY and CITY OF SHAKOPEE
C
SCOPE OF PROJECT.
This project consists of adding trail segment to existing license agreement for Quarry Lake Bike Park. Xcel Energy
the following conditions are adhered to:
1.
(925-psig) shall also be noted on the plans.
2. Approval of the construction plans by Xcel Energy is required prior to releasing plans to bidders or before
the start of construction
3. There is a protective coating on the steel Pipeline to prevent corrosion. If the coating (or pipe) is damaged
in any way (scratched, gauged, etc.), Xcel Energy shall be contacted to make repairs. A note shall be added
to the plans regarding the need for coating repair by Xcel Energy.
4. 4-
5. Fill that results in excess of eight (8) feet of cover over the Pipeline or limits the ability to access the Pipeline
to maintain the Pipeline, the Requestor agrees the cost of relocating these facilities will be the sole cost of
the owner.
6. No trees are permitted within 15 feet of the center of the Pipeline as measured at right angles.
7. No light poles are permitted within 15 feet of the center of the Pipeline as measured at right angles.
8. No manholes or catch basins are permitted within 25 feet of the center of the Pipeline as measured at right
angles.
9. No buildings, structures or other obstructions within 25 feet will be permitted on the existing easement.
10. The Requestor agrees that any proposed plans will not retain water for extended periods of time within the
existing easement.
11. The Requestor agrees to not excavate in or around the existing easement without first obtaining permission
from Xcel Energy.
12. The Requestor agrees that should Xcel Energy have to relocate any facilities as a result of the any proposed
construction, the cost of relocating these facilities will be the sole cost of the Requestor.
13. Heavy Construction equipment (excavators, bulldozers, and the like) is not permitted over the top of the
Pipeline in areas where less than three (3) feet of cover is present.
14. A minimum of one (1) foot clearance must be maintained between the Pipeline and other utilities, the
presence of which are not permitted without Xcel Energy approval. Buried electric, telephone, and cable
lines shall be installed in conduit within the easement.
58
15. The maximum unsupported length of the 16 inch steel Pipeline at any time shall be forty-five (45) feet.
16. The Requestor is responsible for adequately compacting any disturbed soil adjacent to the Pipeline.
17. Xcel Energy must be able to enter upon the property to survey, locate, and perform maintenance on the
Pipeline at any time.
18. Xcel Energy must be allowed to erect signs for the purpose of warning that the Pipeline is present.
19. The Requestor is responsible for coordinating with Xcel Energy, the replacement of any Pipeline markers
disturbed during any future construction.
20. The Requestor is responsible for coordinating with Xcel Energy, the adjustment of any test leads and valve
boxes disturbed during any future construction.
21.
Xcel Energy inspection, maintenance or repairs of the pipeline will be the sole cost and the sole
responsibility of the Owner.
22. All the requirements of Gopher State One Call must be followed in accordance with state law.
23. Xcel Energy reserves the right to inspect the condition of the Pipeline during construction.
24. Prior to the start of construction and following project completion, the requestor or contractor must notify
Xcel Energy. Please contact David Malek at (612) 810-1415, or by email at David.j.malek@xcelenergy.com
It is the express condition of this consent that all other terms and conditions of that certain easement shall remain
in full force and effect.
NOTICE REGARDING LIMITATION OF LIABILITY: Requester understands and agrees that pursuant
to the foregoing consent provisions, Xcel Energy is not liable for any damages Requestor or any other party may
cause to the improvements authorized herein.
cc: David Malek, Xcel Energy
Seth Wight, Xcel Energy
59
5:
*
”
Qspqfsuz
2/Uif!Qjqfmjof!tibmmcf!tipxo!po!bmmsfmfwbou!qmbo!boeqspgjmf!tiffut/!!UifQjqfmjof!tj{f!)27boe!qsfttvsf):36.qtjh*!tibmm!bmtpcf!opufe!po!uifqmbot/
Mjdfotfe
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FYIJCJU
cel Energy Mountain Bike Park
Quarry Lake Park +
Mountain Bike Trail Design
Mountain Bike Trail Design
Mountain Bike Trail Design
65
ATTACHED TO AND MADE A PART OF THE AMENDED AND RESTATED LICENSE AGREEMENT
DATED _______________, 2025, BETWEEN
XCEL ENERGY and CITY OF SHAKOPEE
C
SCOPE OF PROJECT.
This project consists of adding trail segment to existing license agreement for Quarry Lake Bike Park. Xcel Energy
has reviewed the submitted plans and has determined t
the following conditions are adhered to:
1. The Pipeline shall be shown on all relevant plan and profile sheets. The Pipeline size (16
(925-psig) shall also be noted on the plans.
2. Approval of the construction plans by Xcel Energy is required prior to releasing plans to bidders or before
the start of construction
3. There is a protective coating on the steel Pipeline to prevent corrosion. If the coating (or pipe) is damaged
in any way (scratched, gauged, etc.), Xcel Energy shall be contacted to make repairs. A note shall be added
to the plans regarding the need for coating repair by Xcel Energy.
4. 4-8 of cover over the Pipeline must be maintained at all times.
5. Fill that results in excess of eight (8) feet of cover over the Pipeline or limits the ability to access the Pipeline
to maintain the Pipeline, the Requestor agrees the cost of relocating these facilities will be the sole cost of
the owner.
6. No trees are permitted within 15 feet of the center of the Pipeline as measured at right angles.
7. No light poles are permitted within 15 feet of the center of the Pipeline as measured at right angles.
8. No manholes or catch basins are permitted within 25 feet of the center of the Pipeline as measured at right
angles.
9. No buildings, structures or other obstructions within 25 feet will be permitted on the existing easement.
10. The Requestor agrees that any proposed plans will not retain water for extended periods of time within the
existing easement.
11. The Requestor agrees to not excavate in or around the existing easement without first obtaining permission
from Xcel Energy.
12. The Requestor agrees that should Xcel Energy have to relocate any facilities as a result of the any proposed
construction, the cost of relocating these facilities will be the sole cost of the Requestor.
13. Heavy Construction equipment (excavators, bulldozers, and the like) is not permitted over the top of the
Pipeline in areas where less than three (3) feet of cover is present.
14. A minimum of one (1) foot clearance must be maintained between the Pipeline and other utilities, the
presence of which are not permitted without Xcel Energy approval. Buried electric, telephone, and cable
lines shall be installed in conduit within the easement.
15. The maximum unsupported length of the 16 inch steel Pipeline at any time shall be forty-five (45) feet.
16. The Requestor is responsible for adequately compacting any disturbed soil adjacent to the Pipeline.
66
17. Xcel Energy must be able to enter upon the property to survey, locate, and perform maintenance on the
Pipeline at any time.
18. Xcel Energy must be allowed to erect signs for the purpose of warning that the Pipeline is present.
19. The Requestor is responsible for coordinating with Xcel Energy, the replacement of any Pipeline markers
disturbed during any future construction.
20. The Requestor is responsible for coordinating with Xcel Energy, the adjustment of any test leads and valve
boxes disturbed during any future construction.
21. The Requestor
Xcel Energy inspection, maintenance or repairs of the pipeline will be the sole cost and the sole
responsibility of the Owner.
22. All the requirements of Gopher State One Call must be followed in accordance with state law.
23. Xcel Energy reserves the right to inspect the condition of the Pipeline during construction.
24. Prior to the start of construction and following project completion, the requestor or contractor must notify
Xcel Energy. Please contact David Malek at (612) 810-1415, or by email at David.j.malek@xcelenergy.com
It is the express condition of this consent that all other terms and conditions of that certain easement shall remain
in full force and effect.
NOTICE REGARDING LIMITATION OF LIABILITY: Requester understands and agrees that pursuant
to the foregoing consent provisions, Xcel Energy is not liable for any damages Requestor or any other party may
cause to the improvements authorized herein.
cc: David Malek, Xcel Energy
Seth Wight, Xcel Energy
67
68
69
Market: Northern Plains (MN)
Cell Site Number: MNL03333
Cell Site Name: Tapah Park
Search Ring Name: Tapah Park
Fixed Asset Number: 15376668
GROUND LEASE
THIS GROUND is made as of the latter of the signature dates
, by and between the City of Shakopee, a Minnesota municipal
corporation ( New Cingular Wireless PCS, LLC, a Delaware limited liability
company .
WHEREAS, Tenant has requested that Landlord lease ground space for
construction and installation of a wireless support structure and placement of wireless
equipment thereon, and;
WHEREAS, Landlord agrees to lease the requested space as provided for herein.
For good and valuable consideration, the parties agree as follows:
1. The Premises. The Landlord owns property located at 1400 Adams Street S,
Landlord hereby leases a portion of the Property depicted in Exhibit B attached hereto,
, along with any access or utility
easements as depicted in Exhibit B.
2. Leased Premises.
(a) Prior to the Commencement Date (as defined below), Landlord
authorizes Tenant to enter the Property for the sole purpose of inspecting, examining,
conducting soil borings, drainage testing, material sampling, radio frequency testing and
other geological or engineering tests or studies of the Property in order to determine if the
physical condition of the Property, the environmental history of the Property, and the
, all
sole expense. Tenant shall provide at least 48 hours advance written notice
to the Landlord prior to each and every exercise of the Right of Entry on the Property. In
addition, Tenant may apply for and obtain licenses, permits, approvals, or other relief
the Premises and include, without limitation, applications for zoning variances, zoning
ordinances, amendments, special use permits, and construction permits (collectively, the
prior to the Commencement Date. The Right of Entry does not
confer any estate, title, or exclusive possessory rights in the Property to Tenant. Tenant
waives any and all claims that it might otherwise have against the Landlord, its officers,
employees, and agents, relating to its entry onto the Property or relating to the work
Tenant, or its agents or contractors, perform on the Property. Tenant agrees to indemnify,
defend, and hold the Landlord, including its officers, employees, and agents, harmless
from and against any and all actions, damages, expenses, liability, or liens in connection
with its exercise of the Right of Entry. Nothing in this Agreement shall be construed as a
waiver by the Landlord of any exemptions or limits on liability available to it under
Minnesota Statutes, Chapter 466 or other law. Tenant agrees that it will take all
reasonable and necessary precautions to avoid any damage to the Property. Tenant will
6:
promptly correct any damage to the Property resulting from its exercise of the Right of
Entry and restore the Property to a condition substantially similar to its prior condition at
his sole expense.
(b) Commencing on the Commencement Date, Landlord leases to
Tenant and Tenant leases from Landlord the Leased Premises subject to any and all
easements or rights of occupancy preceding this Lease. The Tenant may use the Leased
Premises for the transmission and reception of communications signals and shall
complete the installation, construction, maintenance, operation, repair, replacement and
upgrade of a 70 tall communications tower and associated equipment shelter, equipment,
within the Leased Premises,
all as described in preliminary plans attached Exhibit C, which will be supplemented to
include as-built drawings of the Communications Facility once completed along with an
inventory of all equipment, personal property, and appurtenances installed on the Leased
Premises. Tenant may modify, supplement, replace, upgrade, expand the
Communications Facility (including, for example, increasing the number of antennas or
adding microwave dishes) or relocate the Communication Facility within the Leased
Premises at any time during the Term.
3. Rent.
(c) Initial Amount. As consideration for this Lease, Tenant shall pay, in
advance, $1,300.00 per month in rent beginning on the date of Tenant
commences installation of the Communications Facility, or any portion thereof
, which date shall be acknowledged in writing by Teant at least
forty-eight (48) hours prior to commencing such installation. In any partial month
occurring after the Commencement Date, the Rent will be prorated. The initial Rent
payments will be forwarded by Tenant to Landlord within forty-five (45) days after the
Commencement Date. On the anniversary of the Commencement Date and every year
, then-current Rent shall be increased by three
percent (3%) or CPI (defined below), whichever is greater; provided that, notwithstanding
anything herein to the contrary, in no event will the increase in Rent be greater than five
percent (5%) on any one Adjustment Date.
published by the Bureau of Labor Statistics of the United States Department of Labor for
Urban Wage Earners and Clerical Workers (CPI-W), U.S. City Average, All Items (1982-
84=100), not seasonally adjusted. In the event the Consumer Price Index is converted to
a different standard reference base or otherwise revised, the determination of the new
Rent will be made with the use of such conversion factor, formula or table for converting
the Consumer Price Index as may be published by the Bureau of Labor Statistics, or if
the Bureau should fail to publish same, then with the use of such conversion factor,
formula or table for converting the Consumer Price Index as may be published by Prentice
Hall, Inc., Commerce Clearinghouse or any other nationally recognized publisher of
similar statistical information. If the Consumer Price Index ceases to be published and
there is no successor thereto, such other index as Landlord and Tenant may agree upon
will be substituted for the Consumer Price Index. . The provisions of this subsection shall
survive the termination or expiration of this Lease.
2
71
(d) Other Charges. All charges payable under this Lease such as
utilities and taxes shall be billed by Landlord within one (1) year from the end of the
calendar year in which the charges were incurred; any charges beyond such period shall
not be billed by Landlord, and shall not be payable by Tenant. The foregoing shall not
apply to monthly Rent which is due and payable without a requirement that it be billed by
Landlord. The provisions of this subsection shall survive the termination or expiration of
this Lease.
(e) Additional Users.
(i) In the event Tenant subleases, licenses, or otherwise permits an
unaffiliated third party to use space within the
Leased Premises after full execution of this Lease Future Subtenant any such
Future Subtenant, other than New Cingular Wireless PCS, LLC or its Affiliates,
shall be required to lease ground space for its ground based equipment directly
from Landlord.
(ii) Tenant shall have sole discretion as to whether, and on what terms,
to sublease, license or otherwise allow occupancy of
tower and there shall be no express or implied obligation for Tenant to do so.
4. Governmental Approval Contingency.
(a) Tenant Applicationemises is expressly
made contingent upon Tenant obtaining and maintaining all governmental approvals that
may be required by any federal, state, or local law.
police powers, Landlord shall cooperate with Tenant in its efforts to obtain and retain such
approvals, execute such documents as may be necessary to obtain and thereafter
maintain the approvals and shall take no action which would adversely affect the status
roposed use thereof. Prior to
initiating construction of its communications tower, Tenant, at its expense, shall provide
Landlord with evidence signed by a registered structural engineer stating the proposed
facility is able to safely accommodate installation of the intended equipment.
(b) Non-approval. In the event that any application or approval necessary
under Subparagraph 3(a) above is finally rejected or any certificate, permit, license, or
approval issued to Tenant is canceled, expires, lapses, or is otherwise withdrawn or
terminated by governmental authority so that Tenant is unable to use the Leased
Premises for its intended purposes, Tenant shall have the right to terminate this Lease in
accordance with Paragraph 10.
5. Term and Renewals. The initial term of this Lease is five (5) years
commencing on the Commencement Date. Subject to the terms and conditions of this
Lease, Tenant may extend the term of this Lease for four (4) additional five (5) year
renewal periods ("Renewal Term(s)") commencing on the day following the expiration
date of the Initial Term or of any subsequent Renewal Term. Tenant shall have elected
to extend the term for each Renewal Term unless Tenant sends written notice to Landlord
3
72
tention not to extend at least 120 days prior to expiration of any term. Any
notice under this paragraph shall be provided in accordance with Paragraph 19 of this
Lease.
6. .
(a) User Priority. Tenant agrees that the following priorities of use, in
descending order, shall apply in the event of communication interference or other conflict
while this Lease is in effect occurring on the Property
subordinate accordingly:
1. Landlord;
2. Public safety agencies, including law enforcement, fire, and ambulance
services, that are not part of the Landlord;
3. Other governmental agencies where use is not related to public safety;
4. Government-regulated entities offering a communication service to the
general public for a fee, in a manner similar to a public utility, such as long
distance, cellular telephone, or data transmission, not including radio or
television broadcasters, whose lease precedes the Lease.
(b) Purposes. Tenant shall have the exclusive use of the Leased Premises
only for the purpose of installing, maintaining, removing, replacing, modifying, altering and
operating the Communications Facility in accordance with industry standard practices and
applicable FCC rules and regulations. portion
property shall be non-exclusive. Landlord reserves the right to allow use of the Property
other than the Leased Premises by other parties and to make additions, deletions, or
modifications to facilities or improvements on such Property. Tenant shall comply with all
applicable ordinances, statutes and regulations of local, state and federal government
agencies.
(c) Construction. Tenant may erect and operate its Communications Facility in
accordance with Exhibit C. Prior to activation of the Communications Facility, Tenant
shall notify Landlord that installation/construction is substantially complete and provide
as-built construction drawings to be incorporated into Exhibit C.
(d) Operation. Tenant shall have the right, at its sole cost and expense, to
operate and maintain the Communications Facility on the Leased Premises in accordance
with good engineering practices, with all applicable FCC rules and regulations. Any
damage done s Facility to the Leased Premises or
other Landlord property
notification of damage. The Communications Facility shall remain the exclusive property
of the Tenant, unless otherwise provided in this Lease. Landlord waives any and all lien
rights it may have, statutory or otherwise, concerning the Communications Facility or any
portion thereof.
(e) Tenant Maintenance. Tenant shall, at its own expense, maintain the
Communications Facility and any property on the Leased Premises in a safe condition
4
73
and in good repair and in a manner that does not conflict with use of the Property by
Landlord. Any modifications to the Leased Premises sha.
(f) Landlord Maintenance. Landlord may engage in maintenance, repair,
restoration or other activity on its Property or facilities surrounding the Leased Premises.
Landlord shall
have the right to access the Leased Premises upon f prior notice to Tenant,
provided Landlord shall not modify, impair or interfere with the Communication Facility. In
the event of emergency, where Landlord cannot reasonably comply with the foregoing
notice requirement, Landlord shall have the right to access the Leased Premises as is
reasonably necessary, and Landlord shall, within twenty-four (24) hours following actual
notice of emergency access, inform Tenant of (i) the date and time of emergency access
and (ii) the nature of the event requiring emergency access. Any reasonable added
expense to Landlord in its maintenance or repair of the Property caused by the
Communications Facility shall be paid by Tenant within sixty (60) days of receipt of
additional cost, which notice shall include reasonable
documentation evidencing the cost and how the cost is attributable to the
Communications Facility.
(g) Modifications. Prior to any modification of the Communications Facility
which materially alters the exterior appearance of the Communications Facility, Tenant
unreasonably withheld, conditioned or delayed (and in no event delayed beyond thirty
(3
within thirty (30) days of their receipt; or (ii) failure to provide a written response within ten
(10) days of receipt of Plans revised by Tenant after comment from Landlord in
accordance with this Section, the Plans will be deemed approved. After approval or
deemed approval, the Plans will be considered incorporated in this Lease as Exhibit C.
If Landlord disapproves the Plans then the Tenant will provide Landlord with revised
disapproves of the revised Plans, Tenant may either i) make further revisions to the Plans
and submit them to Landlord for review or ii) terminate this Lease without further liability
by providing written notice to Landlord. Unless otherwise required by applicable law
including the Minnesota Data Practices Act, Minnesota Statutes, Chapter 13, Landlord
will not knowingly permit or suffer any person to copy or utilize the Plans for any purpose
other than as provided in this Lease and will return the Plans to Tenant promptly upon
request. Tenant maintains the right to perform routine maintenance, repairs,
replacements and upgrades without Landlord approval when no material changes to the
(h) No Interference. Tenant shall, at its own expense, maintain any equipment
on or attached to the Leased Premises in a safe condition, in good repair and in a manner
in accordance with industry standards so as not to conflict with the use of the surrounding
Property by Landlord. Tenant shall not unreasonably interfere with the operations of any
tenant using the Property with rights in the Property that predate the Lease and shall not
5
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interfere with the working use of the property surrounding the Leased Premises by
Landlord.
(i) Access. Tenant, at all times during this Lease, shall have reasonable
access to the Leased Premises in order to install, operate, and maintain its
Communications Facility via any easement shown on Exhibit B for ingress, egress and
construction purposes seven (7) days per week, twenty-four (24) hours per day, for all
types of motor vehicles.
(j) Utilities. Tenant may install, or provide for the installation of, repair, replace
and maintain buried utilities including wires, fiber, cables, conduits and pipes in the
locations depicted in Exhibit B provided that in the event any public
utility is unable or unwilling to use the Utility Easement in the location shown in Exhibit B,
Tenant may request, and Landlord shall not unreasonably refuse to grant, an alternate
easement either to Tenant or directly to the public utility at no cost and in a location
acceptable to Tenant and the public utility. Landlord shall cooperate with Tenant in its
efforts to maintain connection of the Communications Facility to existing service at
(k) Payment of Taxes and Utilities. Tenant shall separately meter charges for
the consumption of electricity and other utilities associated with its use of the Leased
Premises and shall promptly pay all costs associated therewith. Landlord shall timely pay
real property taxes and assessments against the Property, if any. Tenant shall be solely
responsible for any property taxes levied against the Communications Facility attributable
s Lease. Landlord shall provide Tenant with documentation
Communications Facility or
use within ninety (90) days after receipt of notice of such tax assessment, but no later than
forty-five (45) days prior to the due date for payment of such taxes. Tenant shall have the right
to file an appeal, and Landlord shall reasonably cooperate in any such appeal as
7. Additional Improvements. Tenant acknowledges that Landlord may construct,
or permit to be constructed, additional improvements, buildings, equipment or facilities on
the Property, subject to the terms of this Lease.
8. Defense and Indemnification.
(a) General. The obligations of this Paragraph 7 shall survive the expiration or
other termination of this Lease. Tenant agrees to defend, indemnify and hold harmless
Landlord and its elected officials, officers, employees, agents, and representatives from
and against any and all claims, costs, losses, expenses, demands, actions, or causes of
which may be asserted against or incurred by Landlord or for which Landlord may be
liable in the performance of this Lease, except to the extent arising from the negligence,
willful misconduct, or other fault of Landlord. Tenant shall defend all claims arising out of
the installation, operation, use, maintenance, repair, removal, or presence o
Communications Facility, equipment and related facilities on the Leased Premises.
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75
Landlord agrees to defend, indemnify and hold Tenant harmless from any and all costs
arising from the
negligence, willful misconduct, or other fault of Landlord, except to the extent arising from
the shared negligence, willful misconduct or other fault of Tenant, its employees, agents,
or contractors, and further provided that nothing herein shall be deemed a waiver by
Landlord of the limitations on liability set forth in Minnesota Statutes, Chapter 466.
(b) Hazardous Materials. Tenant will be solely responsible for and will defend,
indemnify, and hold Landlord, its agents, and employees harmless from and against any
in connection with the cleanup or restoration of the Leased Premises associated with the
azardous Materials. For pur
shall be interpreted broadly and shall include, without limitation, asbestos, petroleum, fuel,
batteries, PCBs, or any hazardous substance, waste, or materials as defined in any
federal, state or local environmental or safety law or regulations including, but not limited
to, CERCLA, and the Clean Water Act.
Landlord represents that it has no knowledge of Hazardous Materials on the Leased
Premises. Landlord will be solely responsible for and will defend, indemnify, and hold
Tenant, its agents, and employees harmless from and against any and all direct claims,
connection with the removal, cleanup, or restoration of the Leased Premises with respect
to Hazardous Materials from any and all sources other than those Hazardous Materials
introduced to the Leased Premises by Tenant and their agents, including independent
contractors. Nothing herein shall be deemed a waiver by Landlord of the limitations on
liability set forth in Minnesota Statutes, Chapter 466.
(c) . Tenant represents and warrants that its use of the
Leased Premises will not generate and Tenant will not store or dispose of on the Leased
Premises in violation of law, nor transport to or over the Leased Premises, any Hazardous
Materials in violation of law. Tenant shall notify Landlord if Tenant becomes aware of the
existence of Hazardous Materials on the Leased Premises in violation of law.
9. Insurance.
(a) . The Tenant shall
Compensation insurance in compliance with all applicable statutes.
(b) General Liability. The Tenant shall maintain an occurrence form of
commercial general liability coverage. Such coverage shall include, bodily injury, property
damage, and personal and advertising injury, for the hazards of Premises/Operation,
contractual liability, independent contractors, and products/completed operations.
The Tenant shall maintain aforementioned commercial general liability coverage
with limits of liability of $2,000,000.00 each occurrence; $2,000,000.00 personal and
advertising injury; $5,000,000 general aggregate, and $2,000,000.00 products and
completed operations aggregate. These limits may be satisfied by the commercial
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76
general liability coverage or in combination with an umbrella or excess liability policy,
provided coverage afforded by the umbrella or excess policy are at least as broad as the
underlying commercial general liability coverages.
(c) Automobile Liability. The Tenant shall carry Automobile Liability coverage.
Coverage shall afford total liability limits for Bodily Injury Liability and Property Damage
Liability in the amount of $ 2,000,000.00 per accident. The liability limits may be afforded
under the Commercial Policy, or in combination with an Umbrella or Excess Liability
Policy provided coverages afforded by the Umbrella Excess Policy are at least as broad
as the underlying Commercial Auto Liability Coverage.
Coverage shall be provided for Bodily Injury and Property Damage for the
ownership, use, maintenance or operation of owned, non-owned and hired automobiles.
The Commercial Automobile Policy shall include statutory personal injury
protection, uninsured motorists and underinsured motorists coverages.
(d) Tenant Property Insurance. The Tenant shall keep in force for the duration
of this Lease a policy covering damages to its property at the Leased Premises in
amounts sufficient to replace the damaged property and comply with any applicable legal
requirements. Tenant self-insures this risk.
(e) Additional Insured Certificate of Insurance. The Tenant shall provide,
prior to tenancy, evidence of the required insurance in the form of a Certificate of
Insurance issued by a company (rated B+12 or better), eligible to do business in the state
of Minnesota, which includes all coverages required in this Paragraph 8. Tenant will
include the Landlord as an Additional Insured on the General Liability and Commercial
Automobile Liability Policies by endorsement as respects to this Lease. Tenant shall also
provide thirty (30) days prior written notice of cancellation to the Landlord of any required
coverage that is not replaced.
10. Damage or Destruction. Each Party shall be obligated to provide notice to the
other of any casualty or other harm affecting the Property or Leased Premises within
twenty-four (24) hours of notice or knowledge of any casualty or other harm. If the Leased
Premises is destroyed or damaged, without contributory fault of the Tenant or its agents,
Communications Facility,
Tenant may elect to terminate this Lease, upon written notice to Landlord. In the event
Tenant elects to terminate this Lease, Tenant shall be entitled to reimbursement of pre-
paid rent covering the period subsequent to the date of damage to or destruction of the
Leased Premises. Landlord agrees to permit Tenant to place temporary transmission and
reception facilities on the Property, but only until such time as Tenant is able to activate
a replacement transmission facility at another location; notwithstanding the termination of
this Agreement, such temporary facilities will be governed by all of the terms and
conditions of this Agreement, including payment of Rent. If Tenant undertakes to rebuild
or restore the Communications Facility, Landlord agrees to permit Tenant to place
temporary transmission and reception facilities on the Land
agrees that the Rent shall be abated until the Communications Facility is rebuilt or
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restored, unless Tenant places temporary transmission and reception facilities on the
11. Lease Termination.
(a) Events of Termination. Except as otherwise provided herein, this Lease
may be terminated by either party upon sixty (60) days written notice to the other party as
follows:
(i) by either party upon a default of any covenant or term hereof by the
other party, which default is not cured within sixty (60) days of receipt of written
notice of default to the other party (without, however, limiting any other rights of
the parties pursuant to any other provisions hereof), provided that the parties shall
have such extended periods as may be required beyond the sixty (60) day cure
period to cure any non-monetary default if the nature of the cure is such that it
reasonably requires more than sixty (60) days to cure, and cure is commenced
within the sixty (60) day period and thereafter continuously and diligently pursues
the cure to completion;
(ii) by Tenant for cause if it is unable to obtain or maintain any
Government Approvals necessary for the operation of the Communications
Facility; or
(iii) by Landlord, after the expiration of second Renewal Term, if its
Council decides, for any reason to redevelop the Property including the Leased
Premises. If Landlord decides to discontinue use to redevelop the Leased
e to Tenant.
(b) Notice of Termination. The parties shall give notice of termination in writing
as provided in Paragraph 19 below. Such notice shall be effective upon receipt as
evidenced by the return receipt. All rentals paid for this Lease prior to said termination
date shall be retained by Landlord.
(c) . If Tenant terminates this Lease
other than of right as provided in this Lease, Tenant shall pay to Landlord as liquidated
damages for early termination, Rent at the current rate on the date on which
Tenant terminates the Lease.
(d) Remedies for Landlord Default. If Landlord remains in default beyond any
applicable cure period, Tenant will have any and all rights available to it under law and
equity.
(e) Site Restoration. In the event this Lease is terminated or not renewed,
Tenant shall have one hundred twenty (120) days from the termination or expiration date
to remove its Communications Facility and related equipment from the Leased Premises
to a depth of three (3) feet, excluding underground utilities, conduits and footings, and
repair the site and restore the Leased Premises fully, normal wear and tear excepted (the
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In the event Tenant fails to timely complete the Restoration, Landlord may
seek any rights it has at law or in equity.
12. Limitation of Damages. In no event shall either party be liable to the other for
consequential, indirect, speculative or punitive damages in connection with or arising from
this Lease. Further, if Landlord terminates this Lease other than as of right as provided
in this Lease, or Landlord causes interruption of the business of Tenant or for any other
ant shall be limited
to the actual and direct damages and shall specifically exclude any recovery of damages
for the value of the business of Tenant as a going concern, future expectation of profits,
loss of business or profit or related damages to Tenant. Except for the indemnity
obligations set forth in this Agreement, and otherwise notwithstanding anything to the
contrary in this Agreement, Tenant and Landlord each waives any claims that each may
have against the other with respect to consequential, incidental or special damages,
however caused, based on any theory of liability.
13. Interference.
(a) -Interference. Subject to the provisions of this Lease,
Landlord shall not use, nor shall Landlord permit its employees, representatives, invitees,
contractors, agents or other tenants with rights in the Property to use, the Property in a
way that interferes with Tenant.
(b) -Interference. Tenant
of the Property and agrees to cease all such actions which unreasonably and materially
written notice of the interference f
the immediate right to terminate this Lease In addition, iCommunications
Facility causes material radio frequency interference with higher priority users as set forth
in Section 6(a) above, provided such user(s) are operating within their respective
frequencies and in accordance with all applicable laws and regulations, Tenant shall take
all measures necessary to correct and eliminate the interference.
(c) Interference Study New Occupants. Upon written notice by Landlord that
it has a bona fide request from any other party to lease a portion of the Property, Tenant
shall provide Landlord, within sixty (60) days, the radio frequencies currently in operation
or to be operated in the future of each transmitter and receiver installed and operational
on the Leased Premises at the time of such request. Landlord may then have an
necessary interference studies to determine if the
harmful radio interference to Tenant. Landlord shall require the new applicant to pay for
such interference studies.
(d) Interference - New Occupants. Landlord agrees that it will not authorize
any future user of the Property
10
79
Communications Facility. If interference with Tenant occurs and is not eliminated within
48 hours, Tenant shall have the right to terminate this Lease or seek injunctive relief
against th
14. Assignment and Subleasing. This Lease shall run with the Property and shall
be binding on and inure to the benefit of the parties, their respective successors, personal
representatives and assigns. Tenant will not assign or transfer this Lease without the
prior written consent of Landlord, which consent shall not be unreasonably withheld,
conditioned or delayed, consent to (a) an
Affiliate (defined below), (b) to any reputable entity in the business of owning and
operating telecommunications towers on a national basis with a tangible net worth of
tower assets of at least Twenty Million Dollars ($20,000,000), or (c) to any entity that
acquires all or substant
Federal Communications Commission in which the Property is located. A permitted
assignment of this Lease by Tenant shall be effective upon written
notice from Tenant. Tenant may sublease with
prior written notice to Landlord, in accordance with the provisions of paragraph 3(c) of this
Lease. For purposes of this Lease that
directly or indirectly through one or more intermediaries, controls or is controlled by, or is
under common control with Tenant
directly or indirectly, to direct or cause the direction of the management and policies of a
person or business entity, corporation or otherwise, through ownership or voting
securities, by contract or otherwise.
15. \[Intentionally Omitted\].
16. Right of First Refusal. In the event the Landlord receives an offer during the term
of this Lease from any person or entity that owns towers or other wireless
is
Lease) to purchase fee title, an easement, a lease, a license, or any other interest in the
is Lease, or an option for any of the
foregoing, Landlord shall provide written notice to Tenant of said offer, and Tenant shall
have a right of first refusal to acquire such interest on the same terms and conditions in
the offer.
and/or other consideration being offered, the other terms and conditions of the offer, the
due diligence period, and the proposed closing date. If Tenant does not exercise its right
of first refusal within thirty (30) days, Landlord may convey the property as described in
e and this
right of first refusal shall survive any such conveyance.
17. Condemnation. In the event Landlord receives written or other notice of a
proposed taking by eminent domain of any part of the parcel of land upon which the
Leased Premises is situated, Landlord will notify Tenant of the proposed taking within five
(5) days of receiving said notice and Tenant will have the option to: (i) declare this Lease
null and void and thereafter neither party will have any liability or obligation hereunder; or
(ii) remain in possession of that portion of the Leased Premises that will not be taken, in
which event there shall be an equitable adjustment in rent on account of the portion of
11
7:
the Leased Premises so taken. With either option, Tenant shall have the right to contest
the taking and directly pursue an award.
18. . In the event that either party to this Lease
shall bring a claim to enforce any rights hereunder, the prevailing party in any final or non-
appealable decision on the merits, as deemed by a court of competent jurisdiction,
including appellate courts, shall be entitled
fees incurred as a result of such claim, not to exceed $7,500.00.
19. Notices. All notices hereunder must be in writing and shall be deemed validly
given if sent by (i) certified or registered mail, postage prepaid, return receipt requested,
(ii) established national courier service which maintains delivery records, or (iii) hand
delivery. Notices are effective upon receipt, or upon attempted delivery if delivery is
refused or if delivery is impossible because of failure to provide reasonable means for
accomplishing delivery. The notices shall be addressed as follows (or any other address
that the party to be notified may have designated to the sender by like notice):
If to Landlord, to: City of Shakopee
Attn: City Administrator
129 Holmes St. S.
Shakopee, MN 55379
If to Tenant, to: New Cingular Wireless PCS, LLC
Attn: Tower Asset Group Lease Administration
Re: Cell Site #: MNL03333; Cell Site Name: Tapah Park (MN)
Fixed Asset #: 15376668
1025 Lenox Park Blvd NE
Atlanta, GA 30319
And to: New Cingular Wireless PCS, LLC
Attn: Legal Dept Network Operations
Re: Cell Site #: MNL03333; Cell Site Name: Tapah Park (MN)
Fixed Asset #: 15376668
208 S. Akard Street
Dallas, TX 75202-4206
20. Authority. Each of the individuals executing this Lease on behalf of the Tenant
or the Landlord represents to the other party that such individual is authorized to do so
by requisite action of the party to this Lease.
21. Binding Effect. This Lease shall run with the Property. This Lease shall extend
to and bind the heirs, personal representatives, successors and assigns of the parties
hereto.
22. Complete Lease; Amendments. This Lease constitutes the entire agreement
and understanding of the parties and supersedes all offers, negotiations, and other
agreement of any kind. There are no representations or understandings of any kind not
12
81
set forth herein. Any modification of or amendment to this Lease must be in writing and
executed by both parties.
23. Governing Law. This Lease shall be construed in accordance with the laws of
the State of Minnesota.
24. Severability. If any term of this Lease is found to be void or invalid, such invalidity
shall not affect the remaining terms of this Lease, which shall continue in full force and
effect.
25. Quiet Possession. Tenant is entitled to quiet possession of the Leased Premises
throughout the term of this Lease and any Renewal Term so long as Tenant is not in
default hereunder beyond any applicable cure period.
26. Memorandum of Lease. If requested by Tenant, Landlord will promptly execute
and deliver to Tenant a recordable Memorandum of this Lease.
27. Administrative Fee. Tenant shall pay a one-time, non-refundable administrative
fee of Five Thousand and 00/100 Dollars ($5,000.00) to Landlord to reimburse its expenses
Leased Premises
within sixty (60) days after the full execution of this Lease.
28. W-9. Landlord agrees to provide Tenant with a completed IRS Form W-9, or its
equivalent, upon execution of this Agreement and at such other times as may be
reasonably requested by Tenant. In the event the Property is transferred, the new
Landlord shall have a duty at the time of such transfer to provide Tenant with a completed
IRS Form W-9, or its equivalent, and other related paper work to effect a transfer in Rent
to the new Landlord.
29. Compliance with Law. Tenant agrees to comply with all federal, state and local
laws, orders, rules and
roperty.
30. Warranties. Landlord represents, warrants and agrees that: (i) Landlord solely
owns the Property; (ii) the Property is not and will not be encumbered by any liens,
restrictions, mortgages, covenants, conditions, easements, leases, or any other
agreements of record o
Use and enjoyment of the Leased Premises under this Agreement; (iii) Landlord grants
to Tenant sole, actual, quiet and peaceful use, enjoyment and possession of the Leased
Premises in accordance with the terms of this Agreement without hindrance or ejection
performance of this Agreement will not violate any mortgage, lease or other agreement
binding on Landlord; and (v) if the Property is or becomes encumbered by a deed to
secure a debt, mortgage or other security interest, then Landlord will provide promptly to
13
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Tenant a mutually agreeable subordination, non-disturbance and attornment agreement
executed by Landlord and the holder of such security interest.
31. Counterparts. This Lease may be signed in counterpart by the parties hereto,
each of which shall be deemed an original, but all of which when taken together, shall
constitute a single instrument.
\[SIGNATURES APPEAR ON NEXT PAGES\]
14
83
IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their
respective seals the day and year first above written.
LANDLORD:
City of Shakopee
By: _____________________________
Name: _______________________
Its: Mayor
By: _____________________________
Name: _______________________
Its: City \[Administrator/Clerk\]
TENANT:
New Cingular Wireless PCS, LLC
a Delaware limited liability company
By: AT&T Mobility Corporation
Its: Manager
By: _________________________
Name: Andrew Sackreiter
Its: Area Director-Construction & Engineering
THIS DOCUMENT DRAFTED BY:
Kennedy & Graven, Chartered (RJV)
Fifth Street Towers
th
150 South 5 Street, Suite 700
Minneapolis, MN 55402-1299
\[ACKNOWLEDGMENTS APPEAR ON NEXT PAGE\]
15
84
TENANT ACKNOWLEDGMENT
STATE OF MINNESOTA )
) ss:
COUNTY OF RAMSEY )
On the _____ day of ___________________, 20___, before me personally appeared
Andrew Sackreiter, and acknowledged under oath that he/she is the Area Director-Construction
& Engineering of AT&T Mobility Corporation, the Manager of New Cingular Wireless PCS, LLC,
the Tenant named in the attached instrument, and as such was authorized to execute this
instrument on behalf of the Tenant.
Notary Public:
My Commission Expires:
LANDLORD ACKNOWLEDGMENT
STATE OF )
) ss:
COUNTY OF )
On the _____ day of ____________, 20__ before me, personally appeared
__________________________, who acknowledged under oath, that he/she is the person/officer
named in the within instrument, and that he/she executed the same in his/her stated capacity as
the voluntary act and deed of the Landlord for the purposes therein contained.
Notary Public:
My Commission Expires:
Site Name: Shakopee
A-1
BUN: 822551
85
Exhibit A
The property is legally described as follows:
The Southeast ¼ of the Southeast ¼ of Section 11, Township 115, Range 23, Scott
County, Minnesota, except the South 10.0 feet thereof Containing 40.59 acres more or
less including County Road, and except highway.
ALSO LESS AND EXCEPT the land as set forth in Deed 330120A.
Site Name: Shakopee
A-2
BUN: 822551
86
EXHIBIT B
SKETCH AND DESCRIPTION OF LEASED PREMISES
Page 1 of 2
That part of the Southeast Quarter of the Southeast Quarter of Section 11, Township 115 North,
Range 23 West of the Fifth Principal Meridian, Scott County, Minnesota, described as follows:
Commencing at the southeast corner of said Southeast Quarter of the Southeast
Quarter; thence South 88 degrees 23 minutes 29 seconds West along the South line of
said Southeast Quarter of the Southeast Quarter, a distance of 431.62 feet; thence
North 0 degrees 00 minutes 00 seconds East, a distance of 446.84 feet to the Point of
Beginning of the lease area to be described; thence continue North 0 degrees 00
minutes 00 seconds East, a distance of 20.00 feet; thence North 90 degrees 00 minutes
00 seconds West, a distance of 10.00 feet; thence South 0 degrees 00 minutes 00
seconds West, a distance of 20.00 feet; thence South 90 degrees 00 minutes 00
seconds East, a distance of 10.00 feet to the Point of Beginning.
PROPOSED UTILITY EASEMENT DESCRIPTION:
A 10.00 foot wide easement for utility purposes over, under and across the Southeast Quarter of
the Southeast Quarter of Section 11, Township 115 North, Range 23 West of the Fifth Principal
Meridian, Scott County, Minnesota, the centerline of said easement is described as follows:
Commencing at the southeast corner of said Southeast Quarter of the Southeast
Quarter; thence South 88 degrees 23 minutes 29 seconds West along the South line of
said Southeast Quarter of the Southeast Quarter, a distance of 431.62 feet; thence
North 0 degrees 00 minutes 00 seconds East, a distance of 460.45 feet to the Point of
Beginning of the centerline to be described; thence South 90 degrees 00 minutes 00
seconds East, a distance of 27.74 feet; thence North 0 degrees 00 minutes 00 seconds
East, a distance of 151.88 feet; thence South 89 degrees 35 minutes 34 seconds East, a
distance of 377.49 feet to the West right of way line Adams Street and said centerline
there terminating.
The sidelines of said easement shall be shortened or lengthened to terminate at said West right
of way line of Adams Street.
Site Name: Shakopee
B-1
BUN: 822551
87
EXHIBIT B
SKETCH AND DESCRIPTION OF LEASED PREMISES
Page 2 of 2
Site Name: Shakopee
B-2
BUN: 822551
88
EXHIBIT C
AS-BUILTS AND INVENTORY OF
PERMITTED COMMUNICATIONS FACILITY
See Attached
Site Name: Shakopee
C-1
BUN: 822551
89
91
92
ENGINEERING
DRAWING INDEX
REFERENCE MATERIALS
11"x17" PLOT WILL BE HALF SCALE UNLESS OTHERWISE NOTED
90
5
4
5
3
1
NSB
0
N
180
5
2
5
2
1
3
270
AREA MAP
AT&T
DRIVING DIRECTIONS
TAPAH PARK
FA#: 15376668
PROJECT:
MOBILITY
PTN#: 3511A15VV3
SHAKOPEE, MN 55379
PACE#: MRUMW053867
AT&T SITE ID: MNL03333
VICINITY MAPLOCAL MAP
90
5
45
3
1
0
N
180
5
2
5
2
1
3
270
SITE PHOTO
PROJECT INFORMATION
93
90
5
4
5
3
1
0
N
180
5
2
5
2
1
3
270
94
90
5
4
5
3
1
0
N
180
5
2
5
2
1
3
270
95
590
4
5
3
1
0
N
180
5
2
5
2
1
3
270
96
97
98
99
9:
0
4
1
0
2
1
2
0
3
3
STFTFT
AYACEEANENNA
BKRO
M
FEET
and follow
the FCC
you are feet from the antennas.
(b)FROM THESE ANTENNAS
ON THE OUTSIDE OF THIS BUILDINGBEHIND THIS PANELON THIS STRUCTUREContact AT&T Mobility at their instructions prior to performing any maintenanceor repairs closer than This is AT&T Mobility
site# _____________
INFORMATION
may exceed
STAY BACK A MINIMUM OF
ACTIVE ANTENNAS ARE MOUNTED
CFR
all posted signs and site guidelines
Ref:
CAUTION
Beyond This Pointentering a controlled area where RFemissionsOccupational Exposure Limits.Obeyfor working in a RF environment.
feet
the FCC
you are
antes de realizar cualquier
prior to performing any
(b)
mayexceed
CFR
feet away from any antenna and obey all posted signs.
NOTICE
Ref:
WARNING!
MAINTAIN AN ADEQUATE
Beyond This Pointemissions for working in a RF environment.
entering a controlled area where RFGeneral Population Exposure Limits.Follow all posted signs and site guidelines INFORMATION
SUPPORTS AND GUY WIRES
INFORMACION
AT&T Mobility operates telecommunications antennas at this location.Remain at least Contact the owner(s) of the antenna(s) before working closer than from the antenna.Contact AT&T
Mobility at maintenance or repairs near AT&T Mobility antennas.This is Site#____________Contact the management office if this door/hatch/gate is found unlocked.En esta propiedad se
ubican antenas de telecomunicationes operadas por AT&TMobility. Favor mantener una distancia de no menos de 3 pies y obedecer todoslos avisos.Comuniquese con el propictario o los propicatarios
de las antenas antes detrabajar o caminar a una distancia de menos de 3 pies de la antena.Comuniquese con AT&T Mobility mantenimiento o reparaciones cerca de la antenas de AT&T Mobility.Esta
es la estacion base numero ________________________________Favor comunicarse con la oficina de la administracion del edificio si esta puerta ocompuerta se encuentra sin candado.
SERIOUS "RF" BURN HAZARD!
CLEARANCE BETWEEN TOWER
DANGER DO NOT TOUCH TOWER!FAILURE TO OBEY ALL POSTED SIGNS AND SITEGUIDELINES FOR WORKING IN A RADIOFREQUENCY ENVIRONMENT COULD RESULT INSERIOUS INJURY. CONTACT CURRENT MAYEXCEED LIMITS
PRESCRIBED IN ANSI/EEEC95.1-1992 FOR CONTROLLED ENVIRONMENTS.
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CERTIFICATE OF COMPLETION
CONTRACT NO(S): CIF-22-003, DATE: June 10, 2025
PROJECT DESCRIPTION: 2024 Downtown Lighting Improvements
CONTRACTOR: Pember Companies Inc.
th
N4449 469 Street
Menomonie, WI 54751
ORIGINAL CONTRACT AMOUNT . . . . . . . . . . . . . . . . . . . . . . . $ 901,284.70
QUANTITY CHANGE AMOUNT . . . . . . . . . . . . . . . . . . . . . . . . . $ -0-
CHANGE ORDER NO. ________ THRU NO. ______ AMOUNT $ -0-
FINAL CONTRACT AMOUNT . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 812,478.07
LESS PREVIOUS PAYMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 801,021.93
FINAL PAYMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 11,456.14
I, hereby certify that the above described work was inspected under my direct supervision and
that, to the best of my belief and knowledge, I find that the same has been fully completed in all
respects according to the contract, together with any modifications approved by City Council.
I, therefore, recommend above specified final payment be made to the above named
Contractor.
_________________________________________________
Micah Heckman
226
RESOLUTION R2025-066
A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA ACCEPTING WORK
ON THE 2024 DOWNTOWN ADA, LIGHTING & TREE REHAB IMPROVEMENTS PROJECT, CIF-22-003,
_____________________________________________________________________________________
WHEREAS, pursuant to a written contract signed with the City of Shakopee on July 2, 2024,
Pember Companies, Inc., has satisfactorily completed the 2024 Downtown ADA, Lighting & Tree Rehab
Improvements project in accordance with such contract.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,
MINNESOTA AS FOLLOWS: The work completed under said contract is hereby accepted and approved.
BE IT FURTHER RESOLVED AS FOLLOWS: The City Clerk and Mayor are hereby directed to issue
a proper order for the final payment on such contract in the amount of $11,456.14, taking the
th
Adopted in regular session of the City Council of the City of Shakopee, Minnesota, held this 17
day of June 2025.
____________________________________
Mayor of the City of Shakopee
ATTEST:
______________________________
City Clerk
Prepared by:
City of Shakopee
485 Gorman Street
Shakopee, MN 55379
227
228
Proposal
Minnesota Sodding Company
Client Name:Kraus Anderson Construction Company
Project Name:Jackson Commons Park Seeding
Jobsite Address:1364 130th Street West Shakopee, Minnesota Billing Address:3343 Broadway St NE Minneapolis, MN
5537955413
Estimate ID:
EST5284412 Drawing #:
2025 June
Jun 06, 2025
Date:
Seed - 5.0 Acres MNDOT 35-241 with Hydro-mulch (Bike Skills Area & Touch Up area)$46,268.74
Seed .20 Acres of Turf Seed$5,127.80
Seed .26 Acres of Now Mow Fescue mix$5,337.95
Grade and add dirt to No Mow Fescue area$4,941.44
Subtotal$61,675.93
Taxes$0.00
Estimate Total$61,675.93
**Grades ready to receive seed assumed to be new construction +- 1/10', free of weeds, debris, and temporary erosion control devices
***All dirt work done by others besides Final Grade
***All soil testing and amendments done by others
***See above for material and quantities
***All seed will be covered with Hydro-mulch or 2-sided straw blanket
***Price includes 1 Mobilization add $1,500.00 for each additional mobilization
***Price does not include any watering of seeded areas
14 Old Deerfield Rdp. 612-363-9539mnsodco.com
Welch, MN 55089f. 651-438-3867email: sschwarz@mnsodco.com
Page 1 of 2
Jackson Commons Park Seeding \[EST5284412\]
229
***Price does not include any maintenance seed
***Price does not included any temporary fencing around seeded area's
***Price does not include lane closure permits & traffic control
***Price does not include performance or payment bonds
***Price does not include prevailing wage
***Certified as a DBE through the MNUCP, TGB and CERT
***Prices good for 30 days**
Estimate authorized by:Estimate approved by:
Company RepresentativeCustomer Representative
Signature Date:Signature Date:
14 Old Deerfield Rdp. 612-363-9539mnsodco.com
Welch, MN 55089f. 651-438-3867email: sschwarz@mnsodco.com
Page 2 of 2
Jackson Commons Park Seeding \[EST5284412\]
22:
231
232
www.srfconsulting.com
233
234
235
236
5/27/2025Page 1 of 4
SRF Consulting Group, Inc.Work Tasks and Person-Hour Estimates
Client: City of Shakopee
Project:Jackson Township AUAR Update
Subconsultants:
None19234.PP
TASK NO.TASK DESCRIPTIONPROF. VIII-VIIPROF. VIPROF. VPROF. IVPROF. IIIPROF. IIPROF. ITECH.SUPPORTTOTALSEST. FEE
1.0Project Management
Assumptions:
The AUAR update process will not require a complete revision of the AUAR
document. Instead, the update process requires that the AUAR document, along
with the mitigation plan, be updated to the extent necessary to reflect the
changes that have occurred in the area included in the review since the previous
update.
Assumes 1 hour of prep and 1 hour of meeting summary development for each
staff meeting with the City.
Client Deliverables:
1.1Project kick off meeting soon after contract approval. Assessing data needs and --55-----10$1,765.00
extent of updates for each section.
1.2Virtual conference call meetings with City Staff after kick off: 6 meetings --1218-----30$5,250.00
currently included in this task.
1.3Prepare draft City of Shakopee resolution adopting update to the AUAR --5---2--7$1,152.00
1.4Prepare materials for (and be available if desired) at presentation of AUAR --4------4$736.00
Update and Mitigation Plan to City Council for public hearing and formal adoption
1.5General Project Management--124-----16$2,884.00
SUBTOTAL - TASK 10038270020067$11,787.00
2.0Traffic Analysis Updates
Assumptions:
New traffic counts will be collected; however, due to the project's timeline, these
are assumed to be included outside the scope of this proposal.
The City will provide all assumptions related to future development, land use,
and access.
Based on the Highview Park Traffic Study, this scope assumes the proposed
future development will exceed the maximum build scenario. As a result,
updated traffic forecasts will be developed, and future conditions will be re-
evaluated to determine whether existing mitigation measures remain valid or if
additional improvements are necessary. Note if the overall AUAR development
does not exceed the previous maximum build scenario, this additional analysis
may not be required.
It is assumed that a new forecasting approach and methodology will be
implemented, independent of the Scott County Regional Travel Demand Model.
This updated approach will help accurately reflect current base volumes,
changes in travel patterns due to remote work and the COVID-19 pandemic,
actual development to date, and planned future developments. This simplified
forecasting process will help evaluate whether previously identified mitigation
measures remain appropriate or if additional improvements are warranted.
Client Deliverables:
Draft and Final Shakopee AUAR Transportation Section Update Memorandum
2.1Process weekday peak hour pedestrian and bicycle counts using the video data ------2--2$232.00
previously collected at the study intersections shown in Exhibit 1.
2.2Review the Shakopee AUAR Transportation Analysis and the Highview Park --4--22--8$1,228.00
Residential Development Traffic Study to identify key assumptions associated
with land use, trip generation, access, and infrastructure
improvements/mitigation. This task will include a review of the previously
identified AUAR mitigation to determine if the mitigation has been implemented.
2.3Coordinate with project stakeholders to identify any changes to the key --4------4$736.00
assumptions associated with land use, transportation, and mitigation.
Compare current and planned land use within the AUAR study area to
2.4--4--48--16$2,184.00
understand how recent AUAR development differs from previous land use
assumptions.
2.5--4--816--28$3,632.00
Develop trip generation estimates for the constructed and planned land use with
the AUAR area using the Institute of Transportation Engineers (ITE) Trip
Generation Manual, 11th Edition and compare to previous assumptions. This
task will be summarized in tabular format, but also mapped to indicate specific
changes in trip generation/density within the AUAR study area to help illustrate
understanding of any changes in area travel patterns.
2.6Develop updated 2040 traffic forecasts based on the updated existing turning --6--1632--54$6,896.00
movement counts, land use and trip generation assumptions. Note the traffic
forecasting approach and methodology is expected to be different than the
previous AUAR. The forecasts are expected to be developed based on a
combination of ITE trip generation rates, the existing turning movement counts,
and a general background growth rate. No modifications or analysis using the
Scott Travel Demand Model is assumed as part of this scope.
2.7Conduct detailed intersection capacity analysis/modeling during weekday peak --6--1224--42$5,448.00
periods under both existing conditions and the updated future build conditions.
The existing conditions analysis will identify if any previous recommended
mitigation needs to be accelerated, and the future build conditions analysis will
help determine if any mitigation that has not been implemented remains valid or
if any changes should be considered.
2.8Prepare a draft Shakopee AUAR Transportation Section Update memorandum --8--812--28$3,904.00
documenting the study findings and recommendations. Make revisions as
appropriate based on Client review and prepare a final memorandum.
2.9Prepare text to sufficiently address the transportation section of the AUAR and --6--6---12$1,884.00
address any comments received regarding the associated text.
2.10Provide day-to-day project management, administration and quality control, as --12------12$2,208.00
well as general coordination with project staff.
SRF Deliverables:
Draft and Final Shakopee AUAR Transportation Section Update Memorandum
SUBTOTAL - TASK 2005400569600206$28,352.00
ScopeOfWork_Jackson Township AUAR Update
SRF CONSULTING GROUP, INC.
MINNEAPOLIS. MN
237
5/27/2025Page 2 of 4
SRF Consulting Group, Inc.Work Tasks and Person-Hour Estimates
Client: City of Shakopee
Project:Jackson Township AUAR Update
Subconsultants:
None19234.PP
TASK NO.TASK DESCRIPTIONPROF. VIII-VIIPROF. VIPROF. VPROF. IVPROF. IIIPROF. IIPROF. ITECH.SUPPORTTOTALSEST. FEE
3.0Environmental Review Updates
Assumptions:
Dust and odors questions need not be updated (not required for AUAR). It is
assumed no noise study or updates are needed.
Assumes desktop reviews only and no field surveys scoped for environmental
resources for the subject areas in Task 3.
Assumes a new submittal will be required through the Minnesota Conversation
Explorer to receive a new Natural Heritage Info System (NHIS) from the DNR for
the study area. Assumes that the client will be responsible for the DNR NHIS fee
(included under expenses below).
Client Deliverables:
Any and all relevant/completed plans to be incorporated
Any relevant, recent, and complete data required for AUAR analyses, narrative,
and figure updates
3.1Climate Adaptation and Resilience (New Section). Develop new climate --128----11$1,658.00
adaptation and resilience section, incorporating relevant information from the
City's GreenStep City program and other resources. This will include an
assessment of climate considerations, risks and vulnerabilities, and adaptations
in accordance with the latest guidance from the new EAW template.
3.2Greenhouse Gas (GHG) and Carbon Footprint (New Section). Provide estimated --2-8----10$1,504.00
quantification of GHG emissions (construction emissions and operational
emissions) associated with the proposed scenarios in accordance with latest
guidance.
3.5Permits and Approvals Required Review and Updates. Review and update based --12-----3$522.00
on up to date agency correspondence and rules/regulations.
3.7Fish, Wildlife, and Ecologically Sensitive Resources Review and Updates. Consult --16--4--11$1,662.00
the Minnesota DNR's Natural Heritage Database to obtain updated information
about the potential for threatened and endangered species in the study area and
areas of biodiversity significance or regionally significant ecological areas
(RSEA). Discuss how the identified fish, wildlife, plant communities, rare
features, and ecosystems may be affected.
3.8Cultural/Historic Resources Review and Updates. Contact the State Historic --112--4--17$2,676.00
Preservation Office (SHPO) to obtain updated information about the cultural and
archeological resources in the study area. Identify whether development would
potentially impact any identified resources.
3.9Geology, Soils, and Topography/Landforms Review and Updates--11--2--4$585.00
3.10Contamination/Hazardous Materials/Wastes Review and Updates. Solid Waste --12--2--5$754.00
Generation - provide updated stats regarding recycling. Review potential
contamination areas using the most recent data available in the Minnesota
Pollution Control Agency (MPCA) and Minnesota Department of Agriculture (MDA)
new listings as well as updated figure.
3.11Air/Noise Review and Updates. Vehicle Related Air Emissions Review and --4------4$736.00
Updates. Update vehicle-related air emissions section to what is now expected
for EAWs (qualitative discussion). No update expected for stationary source
emissions.
3.12Visual Quality Review and Updates. Provide information regarding any new --14-----5$860.00
potential visual impacts that might occur due to development projects and any
measures to avoid, minimize, or mitigate visual effects.
3.13Impact on Infrastructure and Public Services Review and Updates. This task does --14-----5$860.00
not include traffic/roadway related infrastructure, which will be completed under
Task 2.
3.14Summary of Issues Review and Updates--12-----3$522.00
3.15Mitigation Plan Review and Updates. Review and update based on any changes --24-----6$1,044.00
to regulations, existing conditions, and special studies/updates to other City
plans. Update to reflect any mitigations that have been implemented.
3.16Update document formatting to be easier to navigate to referenced figures and --12--8--11$1,450.00
correspondence in appendices, throughout the body of the document.
SRF Deliverables:
Draft AUAR Update (including Mitigation Plan and any necessary updates to
appendices)
SUBTOTAL - TASK 3001841160200095$14,833.00
4.0Water Resources Review Updates
Assumptions:
SRF will update stormwater information as requested by the City. It is understood
that the City will contract with another consultant to provide mapping and
information for adding sanitary sewer projects completed since last update.
This task does not include detailed hydrologic and hydraulic or water quality
modeling. If deemed necessary for the project, SRF can provide a fee estimate to
conduct modeling.
Client Deliverables:
4.12-6--32---40$5,742.00
facilities - provide updated information regarding projects constructed and
planned since last update. SRF will assist the city in developing maps that show
existing and proposed stormwater management features within the study area.
4.2Water Use - Review and identify plans for new wells (including searching the ---2--5--7$918.00
wellhead plan (WHP) protection information in accordance with City's Wellhead
Protection Plan. Create updated figure of possible wells.
4.3Water-Related Land Use Management Districts Review and Updates--22--3--7$1,054.00
4.4Water Surface Use Review and Updates--24--2--8$1,276.00
4.5Erosion and Sedimentation Review and Updates--22--3--7$1,054.00
4.6--22--3--7$1,054.00
SRF Deliverables:
SUBTOTAL - TASK 4201412032160076$11,098.00
ScopeOfWork_Jackson Township AUAR Update
SRF CONSULTING GROUP, INC.
MINNEAPOLIS. MN
238
5/27/2025Page 3 of 4
SRF Consulting Group, Inc.Work Tasks and Person-Hour Estimates
Client: City of Shakopee
Project:Jackson Township AUAR Update
Subconsultants:
None19234.PP
TASK NO.TASK DESCRIPTIONPROF. VIII-VIIPROF. VIPROF. VPROF. IVPROF. IIIPROF. IIPROF. ITECH.SUPPORTTOTALSEST. FEE
5.0Land Use Analysis Updates
Assumptions:
Client Deliverables:
5.1Project Location and Description Review and Updates. Additional maps to be --24--5--11$1,624.00
developed for the project location section. Update Proposed Land Uses Table.
Updates to No Build Scenario, Build Scenario, Future Considerations, and Project
Magnitude Data, if applicable.
5.2Land Use and Cover Types Review and Updates - Identify changes in cover types --14--8--13$1,788.00
and complete analysis for inclusion in Cover Types summary table, showing
areas that have been developed and approved development in a figure. Update
Current and Future Zoning Information and associated existing land use figure.
SRF Deliverables:
SUBTOTAL - TASK 5003800130024$3,412.00
6.0Project Communications and AUAR Update Publication/Distribution
Assumptions:
In accordance with MN rules for AUAR Updates, Reviewers have 10 days from
publication date in EQB Monitor to submit written comments to RGU. State
Agencies and the Met Council have 10 days from receipt of final AUAR
documents to file an objection. Assuming no objections, RGU adopts final AUAR
and mitigation plan. Notice is published in the EQB Monitor.
Assuming no objections, RGU adopts final AUAR and mitigation plan. Notice is
published in the EQB Monitor.
Up to two public meetings to present the AUAR Update to the City Council
Assumes no hard copy printing or mailing of the AUAR update, only electronic
Prepare updates based on existing City webpage:
https://www.shakopeemn.gov/business-development/planning-
development/planning-division
Client Deliverables:
6.1Prepare project webpage update for City of Shakopee, including summary of --23--5--10$1,455.00
updates, public comment process, and schedule
6.2City review of draft document and resolution of City comments--12--5--8$1,102.00
6.3Notification and distribution of Draft AUAR update and mitigation plan to required --22--3--7$1,054.00
reviewing agencies. Notice is published in the EQB Monitor.
6.4Distribution of draft document to EQB distribution list--12--1--4$638.00
6.5Public presentations: 1 virtual public information meeting (1 hour) to be held in --12--5--8$1,102.00
the evening at the beginning of the AUAR review period, with online registration
6.6Documenting, responding to, and addressing state agency and Met Council --25--5--12$1,793.00
comments
6.7Revision of document based on written agency comments. --26--5--13$1,962.00
6.8Follow next steps in AUAR Update Process Steps to complete the update --24--5--11$1,624.00
process: If objections received, assist with negotiations between the responsible
government unit (City of Shakopee) and objecting agency, OR if there are no
objections, RGU adopts final AUAR update and mitigation plan. Notice is
published in the EQB Monitor.
SRF Deliverables:
Project Webpage Update
Revised AUAR Update based on City comments
Two City Council Presentations
Two EQB Monitor Publications (one for draft and one for final)
One virtual public open house
Agency comment and response matrix
Final AUAR Update
SUBTOTAL - TASK 600132600340073$10,730.00
ScopeOfWork_Jackson Township AUAR Update
SRF CONSULTING GROUP, INC.
MINNEAPOLIS. MN
239
5/27/2025Page 4 of 4
SRF Consulting Group, Inc.Work Tasks and Person-Hour Estimates
Client: City of Shakopee
Project:Jackson Township AUAR Update
Subconsultants:
None19234.PP
TASK NO.TASK DESCRIPTIONPROF. VIII-VIIPROF. VIPROF. VPROF. IVPROF. IIIPROF. IIPROF. ITECH.SUPPORTTOTALSEST. FEE
TOTAL ESTIMATED PERSON-HOURS20140114168818100541
AVERAGE HOURLY BILLING RATE$239.00$223.00$184.00$169.00$142.00$130.00$116.00$159.00$138.00
ESTIMATED LABOR AND OVERHEAD$478.00$0.00$25,760.00$19,266.00$2,272.00$11,440.00$20,996.00$0.00$0.00$80,212.00
SRF ESTIMATED DIRECT NON-SALARY EXPENSES $690.00
SUBTOTAL: (SRF Labor and Expenses)$80,902.00
SUBCONSULTANTS:$0.00
TOTAL ESTIMATED FEE (SRF and Subconsultants combined)$80,902.00
SRF ESTIMATE OF DIRECT NON-SALARY EXPENSES:
MILEAGE:Personal Vehicles100Miles @$0.700$70.00
COMMUNICATIONS:Mail, Express, Etc.$0.00
DNR NHIS Review Fee$120.00
VIDEO PROCESSING:$500.00
SRF EXPENSES:$690.00
SUMMARY OF COSTS:PROF. VIII-VIIPROF. VIPROF. VPROF. IVPROF. IIIPROF. IIPROF. ITECH.SUPPORTTOTALS
1Project Management$ - $ - $ 6,992.00$ 4,563.00$ - $ - $ 232.00 $ - $
- $11,787.00
2Traffic Analysis Updates$ - $ - $ 9,936.00$ - $ - $ 7,280.00$ 11,136.00 $ - $
- $28,352.00
3Environmental Review Updates$ - $ - $ 3,312.00$ 6,929.00$ 2,272.00$ - $ 2,320.00$ - $
- $14,833.00
4Water Resources Review Updates$ 478.00 $ - $ 2,576.00$ 2,028.00$ - $ 4,160.00$ 1,856.00$ - $
- $11,098.00
5Land Use Analysis Updates$ - $ - $ 552.00 $ 1,352.00$ - $ - $ 1,508.00$ - $
- $3,412.00
6Project Communications and AUAR Update Publication/Distribution$ - $ - $ 2,392.00$ 4,394.00$ - $ - $
3,944.00$ - $ - $10,730.00
TOTALS$478.00$0.00$25,760.00$19,266.00$2,272.00$11,440.00$20,996.00$0.00$0.00$80,212.00
SUMMARY OF HOURS:PROF. VIII-VIIPROF. VIPROF. VPROF. IVPROF. IIIPROF. IIPROF. ITECH.SUPPORTTOTALS
1Project Management--3827--2--67
2Traffic Analysis Updates--54--5696--206
3Environmental Review Updates--184116-20--95
4Water Resources Review Updates2-1412-3216--76
5Land Use Analysis Updates--38--13--24
6Project Communications and AUAR Update Publication/Distribution--1326--34--73
TOTALS20140114168818100541
ScopeOfWork_Jackson Township AUAR Update
SRF CONSULTING GROUP, INC.
MINNEAPOLIS. MN
23:
241
242
243
244
245
246
RESOLUTION R2025-058
A RESOLUTION OF THE CITY OF SHAKOPEE APPROVING THE FINAL PLAT OF
BLUFF VIEW
__________________________________________________________________________
WHEREAS, Summergate Development, LLC, owner and applicant, have made application
for Final Plat of BLUFF VIEW; and
WHEREAS, the property is legally described as:
See attached legal description; and
WHEREAS, notices were duly sent and posted, and a public hearing was held before the
Planning Commission on January 9, 2025, at which time all persons present were given an opportunity to
be heard; and
WHEREAS, the Planning Commission has recommended to the City Council that the
Preliminary Plat Amendment be adopted as conditioned by Ordinance O2025-001 and Resolution R2025-
004; and
WHEREAS, the City Council reviewed and approved the Preliminary Plat Amendment
on March 4, 2025; and
WHEREAS, the City Council reviewed the Final Plat of BLUFF VIEW on June 17, 2025;
and
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of
Shakopee, Minnesota that the Final Plat of BLUFF VIEW is hereby approved subject to the
following conditions:
I) The following procedural actions must be addressed prior to the review and release of
the recording of a Final Plat:
A. Approval of title by the City Attorney.
B. Park dedication fees in the amount required by the City Code and adopted City fee schedule
shall be paid prior to the recording of the final plat.
C. Tree removal and new landscaping shall occur consistent with City Code Sections 151.112
(Landscape Requirements) and 151.113 (Tree Preservation Requirements).
D. Site development shall comply with the conditions noted in the City Engineering memo
dated June 12, 2025 (including compliance with red-lined comments).
E. Final Plat approval is contingent upon sanitary sewer, water, and the street being
extended to the property from the adjacent parcel to the east.
th
F. Provide funds for and/or construct 17 Avenue (CSAH 16) and associated improvements
located within this plat
Њ ƚŅ Ќ
247
G. The developer shall work with the City and Scott County on the final design of the
th
walk/trail connections at the Zumbro Avenue/17 Avenue intersection.
H. Construction and development of lots shall comply with the design standards of City
Code Section 151.034 (Urban Residential Zone), except as specifically approved by the
amended PUD.
I. Revise street names to be consistent with city staff recommendations.
J. Comply with SPU standard terms and conditions, which include the following:
1. Revise construction plan set to address redline comments.
2. Connect to the existing water and electric utilities to provide
comprehensive services to this property and adjacent properties.
3. The developer will be required to pay Trunk Water Charge to SPU for
net developable acreage.
4. SPU will pay the developer trunk oversizing where SPU requests pipes
larger than required to meet the lateral requirements per SPU Water
Policy Manual.
5. Complete construction plans need to be developed with plan & profiles
that meet all SPU requirements per the SPU Water Policy Manual.
6. Additional comments to be provided when complete plans are
submitted.
7. SPU is in need of a future well site and will contact the developer to
negotiate purchase of lot(s).
8. Additional raw watermain may be necessary depending on the
potential well siting.
K. Fire hydrants shall be placed in accordance with local requirements and the Minnesota
State Fire Code.
L. Submit standalone trail easements for trails not located on City property. See Section
10.1.G of the City Design Criteria (3 ft on each side).
th
M. Provide funds for and/or construct a trail along the property frontage on 17 Avenue (CSAH
16), and construct additional walks and trails consistent with City and County
requirements.
N. s: The Developer shall
submit a security for the entire roadway construction prior to recording the first phase
final plat. County Road 16 may be constructed in phases but must be constructed in its
entirety within the plat (extending to the west plat boundary) no later than December 31,
2026, excluding construction of the final wearing course of pavement. The final wearing
course must be constructed by June 30, 2027. The Developer is eligible for
standard collector roadway design. The City will provide reimbursement to the Developer
d by the
County. Prior to reimbursement, the City and County must enter into a Cooperative
Agreement establishing the reimbursement amounts and schedules. The Developer shall
submit to the City either cash or a certified letter of credit approved by the City Attorney,
made payable to the City upon which the City may draw for the estimated cost of the
second phase of the improvements. If the Developer does not post the security by that
date, the City will construct the second phase and specially assess Outlots B, C, and E.
Ћ ƚŅ Ќ
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Passed in regular session of the City Council of the City of Shakopee, Minnesota held on the 17th day
of June, 2025.
______________________________
Mayor of the City of Shakopee
Attested:
______________________________
Richard Parsons, City Clerk
Ќ ƚŅ Ќ
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Bluff View- Legal Description
The Northeast Quarter of the Southwest Quarter of Section 14, Township 115, Range 23, Scott
County, Minnesota, EXCEPT that part of Outlot B, WINDERMERE SOUTH 4TH ADDITION, according
to the recorded plat thereof, Scott County, Minnesota that lies within said Northeast Quarter of the
Southwest Quarter.
TOGETHER WITH
That part of the Northwest Quarter of Section 14, Township 115, Range 23, Scott County, Minnesota,
described as follows:
Commencing at the northeast corner of said Northwest Quarter; thence South 00 degrees 18
minutes 41 seconds East, assumed bearing along the east line of said Northwest Quarter, a
distance of 990.54 feet to the point of beginning; thence South 27 degrees 42 minutes 44
seconds West, a distance of 403.74 feet to the south line of the Northeast Quarter of said
Northwest Quarter; thence South 88 degrees 00 minutes 28 seconds West, along said south line
a distance of 844.00 feet; thence South 00 degrees 45 minutes 22 seconds West, a distance of
578.59 feet; thence South 67 degrees 26 minutes 45 seconds West, a distance of 657.15 feet;
thence South 60 degrees 11 minutes 35 seconds West, a distance of 255.97 feet; thence South
89 degrees 42 minutes 07 seconds West, a distance of 74.59 feet to the east line of the West
698.00 feet of said Northwest Quarter; thence South 00 degrees 17 minutes 58 seconds East,
along said east line a distance of 403.47 feet to the south line of said Northwest Quarter; thence
North 88 degrees 20 minutes 48 seconds East, along said south line a distance of 1950.37 feet
to the southeast corner of said Northwest Quarter; thence North 00 degrees 18 minutes 41
seconds West, along said east line of the Northwest Quarter, a distance of 1692.22 feet to the
point of beginning.
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BREEGGEMANN PROPERTY BLUFF VIEW PUD AMENDMENT
Summergate Development is proposing development of a single-family residential subdivision to consist of 247 single
th
family lots, to be located along future 17 Avenue at Zumbro Avenue. The subject site is approximately 85.35 acres in
size and is guided by the 2040 Shakopee Comprehensive Plan for Low Density Residential. The request involves an
amendment to the approved PUD for Bluff View, originally approved February 21, 2023, and allowing for 222 single
th
family lots. Further, in order to facilitate future 17 Avenue, the preliminary plat includes dedication of 5 acres of right-
of-way for the roadway. The revised subdivision plan includes 247 single-family residential lots, along with outlots for
open space and trail purposes and remnant outlots for inclusion in future subdivisions. As part of the PUD proposal,
open space along the Minnesota River Bluff is provided to accommodate trail connections and views from the adjacent
roadway.
Proposed lots include 42-foot, 52-foot, 62-foot and 65-foot lot widths, with minimum 25-foot front yard setback, 30-foot
rear, and 6-foot side yards. Gross density is 2.89 units per acre and net density at 4.1 units per net acre.
Summergate Development LLC is currently developing properties in Cottage Grove, Lakeville, Shakopee,
Farmington, and Victoria. We look forward to working with the City of Shakopee to bring this new residential
development to completion.
17305 Cedar Avenue Suite 200, Lakeville, MN 55044 952-898-3461 bryant@summer-gate.com www.summer-gate.com
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City of Shakopee
aĻƒƚƩğƓķǒƒ
TO: Mark Noble, Senior Planner
FROM: Darin Manning, Project Engineer
SUBJECT: Final Plat Bluff View
PROJECT: PLAT-000284-2025
DATE: June 12, 2025
The staff review indicates a request to review a Final Plat application for the Bluff View
Development. Bluff View is located south of TH 169, east of County Road 69 (Old Brick Yard Road)
and west of County Road 15 (Marystown Road).
This review should be considered preliminary, as more comments will follow with additional
submittals. However, the Engineering Department offers the following comments at this time to
the applicant and to the planning department:
ŷĻ ŅƚƌƌƚǞźƓŭ źƷĻƒƭ ƓĻĻķ Ʒƚ ĬĻ ğķķƩĻƭƭĻķΉĭƚƒƦƌĻƷĻķ ƦƩźƚƩ Ʒƚ ƩĻƌĻğƭĻ ƚŅ ƷŷĻ CźƓğƌ tƌğƷ ŅƚƩ
ƩĻĭƚƩķźƓŭʹ
1. Plan review and plat review redlined comments are attached to this memo and must be
addressed and approved by the City Engineer.
2. Refer to Shakopee Public Utilities comments for watermain.
3. Conduct a title search to confirm other interests on the property.
4. Easements will be shown on the Final Plat as approved by the City Engineer. They include,
but are not limited to the following:
Verify appropriate drainage and utility easements for public sanitary sewer, storm
sewer and watermain systems are provided. The minimum widths of drainage and
utility easements are set forth in Section 10.1.A-D of the City of Shakopee Design
Criteria.
Refer to the plan review redlined comments for specific locations where additional
easement is required.
5.
credit or cash security equal to 125 percent of the estimated total cost of the
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improvements, plus 100 percent of the estimated costs of city inspection and
administration.
6. Pay all applicable fees/charges listed below, as required by the most current City of
Shakopee Fee Schedule.
Street and Utility Fee Sign Installation Fee
Watermain Fee Bituminous Sealcoat Fee
Trunk Storm Water Charge Storm Water Management Plan Review Fees
Trunk Sanitary Sewer Charge
7. At a minimum, obtain conditional approval of the storm water
management plan.
8. Prior to discharging into a storm water basin, pretreatment must be provided.
9. Trees are not permitted within the Drainage and Utility Easement. All proposed
landscaping must be revised to remove trees from these areas to ensure access and
protect underground utilities.
10. Submit a retaining wall encroachment agreement for any private retaining wall that
extends onto City property. Approval is required prior to construction.
11. 17th Avenue shall be designed as a collector street in accordance with State Aid
standards and Scott County requirements.
12. Submit plans to Scott County for review and comply with all resulting conditions.
13. Outlots A and D shall be deeded to the City of Shakopee.
14. A sidewalk segment must be constructed along the north side of Aztec Avenue between
Henslow Place and Zumbro Avenue to ensure pedestrian connectivity.
15. Manholes are required at the terminus of all active stub-outs. The proposed service for
Lot 13, Block 8 does not include a manhole at the terminus and must be revised
accordingly.
16. The outlet for the temporary sediment basin shall not discharge down the bluff. The
outlet must be redirected to a stable, non-erodible area in accordance with erosion
control best practices.
17. The 18-inch trunk sanitary sewer must be extended to the southern end of Outlot B no
later than September 1, 2026. This extension shall include installation of the future 18-
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inch plug located at Station 1+00, as shown on the Construction Plans dated April 10,
2025.
18. The Developer shall construct 17th Avenue in two phases with a completion date for both
phases no later than December 31, 2026, excluding construction of the final wearing
course of pavement. The final wearing course must be constructed by June 30, 2027.
19. Approval of the final plat does not constitute approval of the submitted construction
plans.
20. Provide electronic files (AutoCAD and Portable Document Format PDF) of the Final Plat
to be recorded with datum on the Scott County coordinate system.
ŷĻ ŅƚƌƌƚǞźƓŭ źƷĻƒƭ ƓĻĻķ Ʒƚ ĬĻ ğķķƩĻƭƭĻķΉĭƚƒƦƌĻƷĻķ ƦƩźƚƩ Ʒƚ ğƦƦƩƚǝğƌ ƚŅ ğ ŭƩğķźƓŭ ƦĻƩƒźƷͲ ğ
ƭƷƩĻĻƷ ğƓķ ǒƷźƌźƷǤ ƦƌğƓ ğƓķΉƚƩ ğ ĬǒźƌķźƓŭ ƦĻƩƒźƷʹ
21. Submit temporary construction easement prior to grading on the Bauer II Family LLLP
property.
22. Submit temporary Drainage and Utility Easements covering all of Outlots B, C, and E.
These easements shall be structured to automatically terminate upon the future platting
of the respective Outlots.
23. Submit Drainage and Utility Easement along 125th Street South to accommodate the
construction and maintenance of the proposed storm sewer pipe.
24. Retaining walls four feet or higher require a building permit.
25. Retaining walls crossing multiple properties shall either:
future replacement, or
Submit a recorded Declaration of Retaining Wall Easement Agreement.
26. Sand shall not be mined from infiltration basins.
27. Obtain
28. Grade the entire site, as proposed on the approved plans, in one phase within one year
from the date of approval of the grading permit application. Grading is defined as bringing
the site to the proposed finished grade with materials deemed acceptable by the City of
Shakopee engineering department, providing topsoil per City requirements and applying
seed, mulch and/or sod per City requirements and providing an as-built record grading
plan per Section 2.5 of the City of Shakopee Design Criteria.
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29. Submit detailed pavement design calculations.
30. Submit a small utilities joint trench design and detail (Shakopee Detail 5009).
31. The contractor must submit a Construction Management Plan to the city prior to any
construction activities.
32. Record plans need to be provided per the City of Shakopee Design Criteria, Section 2.5
and Section 11.2 (A-L). The record plans need to be certified and submitted to the
engineering department. Provide a letter from the engineer of record certifying that all
improvements were constructed per approved plans and under the direct supervision of
the engineer of record.
Recommendation
The Engineering Department recommends approval of the Final Plat application for Bluff View,
contingent upon the applicant addressing all comments and requirements noted in this memo.
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RESOLUTION R2025-070
A RESOLUTION APPROVING A COMPREHENSIVE PLAN TEXT
AMENDMENT TO FIGURE 4.11 RESIDENTIAL DEVELOPMENT POTENTIAL
BY DECADE (ALL LAND USES) AND FIGURE 4.12 PLANNED LAND USE IN
THE 2040 COMPREHENSIVE PLAN
WHEREAS, City of Shakopee is requesting a Comprehensive Plan Amendment to
Figure 4.11 Residential Development Potential By Decade (All Land Uses) and Figure
4.12 Planned Land Use, in the 2040 Comprehensive Plan; and
WHEREAS, Staff is proposing to reguide approximately 5 acres of PID 279160102
and 279160110 from Mixed Use Commercial Center to Suburban Residential and
approximately 22 acres from Mixed Use Commercial Center to Mixed Residential (see
Exhibit A); and
WHEREAS, the Suburban Residential classification allows a residential density of
3 - 6 dwelling units per acre with primary uses of single family residential with secondary
uses of attached single family, parks, open space, institutional, day care and senior living
centers (see Exhibit B); and
WHEREAS, the Mixed Residential classification allows a residential density of 6
30 dwelling units per acre with primary uses of attached single family residential,
townhouses, and multi-family residential with secondary uses of retail, senior living centers,
parks and open space; and
WHEREAS, all required public notices regarding the public hearing for the
Comprehensive Plan Amendment were duly sent and posted, and all persons appearing at
the hearing have been given an opportunity to be heard thereon; and
WHEREAS, the Shakopee Planning Commission considered the request at its
meeting of June 5, 2025, and unanimously recommended approval to the City Council;
and
WHEREAS, the City Council of the City of Shakopee reviewed the request on June
17, 2025; and
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Shakopee hereby adopts the following findings of facts relative to the Comprehensive Plan
Amendment request:
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Mixed Residential classification allows a residential density of 6
30 dwelling units per acre with primary uses of attached single family residential,
townhouses, and multi-family residential with secondary uses of retail, senior living centers,
parks and open space.
BE IT RESOLVED, this resolution supersedes Resolution R2025-0142 approved
on December 17, 2024 modifying the density range of the Mixed-Use Commercial Center;
and
FURTHER, approval of the Comprehensive Plan Amendment is contingent upon,
and subject to, the required review and response by the Metropolitan Council.
After the adoption of the Resolution, the City Clerk shall file certified copies hereof with
the County Auditor and County Recorder of Scott County.
Adopted in Regular session of the City Council of the City of Shakopee, Minnesota,
held the ___________ day of ___________________, 2025.
_____________________________
Mayor of the City of Shakopee
ATTEST:
______________________________
Richard Parsons, City Clerk
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EXHIBIT A
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EXHIBIT B
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