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IV.4. Authorize the Execution of First Amendment to Temporary Easement Agreement SWLRT Green Line Extension; StanleyJune 2, 2020 Council Report 2020-041 AUTHORIZE THE EXECUTION OF FIRST AMENDMENT TO TEMPORARY EASEMENT AGREEMENT SWLRT GREEN LINE EXTENSION Proposed Action. Staff recommends that the Council approve the following motion: Adopt Resolution 2020-031 Authorizing the Execution of First Amendment to Temporary Easement Agreement. Overview: In January of 2019, the City entered into a temporary construction easement agreement with the Met Council to enable the Met Council to construct the SWLRT Green Line Extension project. The easement agreement involves landfill property owned by the city and, therefore, the MPCA had to first consent to the agreement before the city could enter into it. The Met Council recently determined that the easement area described in the original agreement must be enlarged to properly construct the project, they are asking for an additional 9.4-feet of room along the west side of the property to construct a haul road adequate for crane access. Staff has reviewed this request and have no problem granting the additional area. To accommodate such modification, a First Amendment to Temporary Easement Agreement has been prepared, reviewed by the city attorney’s office, and is presented for approval tonight. The resolution in the packet conditions the approval on the MPCA first signing a separate consent document regarding the modification, which will direct city staff to only execute the agreement after it receives proof that the MPCA has signed the separate consent. Supporting Information: • First Amendment to Temporary Easement Agreement • Resolution 2020-031 ________________________________________ Nate Stanley, PE City Engineer PARCELS P4002, P4003, P4004 FIRST AMENDMENT TO TEMPORARY EASEMENT AGREEMENT THIS FIRST AMENDMENT TO TEMPORARY EASEMENT AGREEMENT (this “First Amendment”) is made and entered into this ___ day of _______________, 2020, by and between the CITY OF HOPKINS, a Minnesota municipal corporation (“Grantor”), and the METROPOLITAN COUNCIL, a public corporation and political subdivision under the laws of the State of Minnesota (“Grantee”). This Agreement sometimes refers to Grantor and Grantee individually as a “Party” and collectively as the “Parties.” WITNESSETH: WHEREAS, the Grantor and Grantee entered into a Temporary Construction Easement Agreement, on or about January 11, 2019 to enable the Grantee to construct the Green Line Extension, also referred to as the Southwest Light Rail Project (Original Agreement). WHEREAS, subsequent to the Parties’ execution of the Original Agreement, the Parties have determined that the depiction of the Temporary Construction Easement Area, as defined in the Original Agreement, must be modified to completely construct a 25’-0” wide access road for crane access and bridge construction of the Project. The additional Temporary Construction Easement Area will require the removal and replacement of an existing fence on the Property, as defined in the Original Agreement. WHEREAS, pursuant to that certain Easement, Declaration of Restrictions and Covenants, and Landfill Cleanup Agreement, recorded with Hennepin County as Document Nos. 6566524, 6566525, and 6566526, respectively, the Minnesota Pollution Control Agency (“MPCA”) has consented to this First Amendment, as indicated in that certain First Amendment to Consent and authorization of the Commissioner of the Minnesota Pollution Control Agency Pursuant to Landfill Cleanup Agreement, which has been executed by both the MPCA and Grantee and is attached hereto as Exhibit A. WHEREAS, the Parties desire to execute this First Amendment to Temporary Construction Easement Agreement to modify the existing depiction of the Temporary Construction Easement Area set forth in Exhibit C to the Original Agreement with the substitution of a new exhibit. WHEREAS, the Parties desire that all other terms of the Original Agreement continue unchanged and remain in full force and effect. NOW THEREFORE, in consideration for the mutual promises made herein, the Parties agree as follows: 1. Amendment of Temporary Construction Easement Agreement. Exhibit C of the Original Agreement shall be replaced with Exhibit C.1 attached hereto and made a part hereof. Exhibit C of the Original Agreement shall be of no further force and effect. 2. Execution. This First Amendment may be executed and delivered in counterparts, each of which shall be deemed to be an original and all of which, taken together, shall be deemed to be one document. 3. Effect of Amendment. The Original Agreement remains in full force and effect and is not modified except as expressly provided herein. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date first set forth above. METROPOLITAN COUNCIL, a public corporation and political subdivision under the laws of the State of Minnesota, By: ________________________________ Title: Regional Administrator STATE OF MINNESOTA ) ) ss COUNTY OF RAMSEY ) I, the undersigned, a Notary Public in and for Ramsey County, Minnesota, do hereby certify that Meredith Vadis, the Regional Administrator of the Metropolitan Council, a public body appeared before me this day in person and acknowledged that she signed and delivered said instrument on behalf of said public body. Given under my hand and official seal this ____________ day of __________, 2020. _________________________ Notary Public CITY OF HOPKINS, a Minnesota municipal corporation, By: Jason Gadd Title: Mayor By: __________________________ Michael Mornson Title: City Manager STATE OF MINNESOTA ) ) ss COUNTY OF HENNIPIN ) I, the undersigned, a Notary Public in and for Hennepin County, Minnesota, do hereby certify that Jason Gadd and Michael Mornson, the Mayor and the City Manager of the City of Hopkins, a Minnesota municipal corporation, appeared before me this day in person and each acknowledged that she signed and delivered said instrument on behalf of said corporation. Given under my hand and official seal this ____________ day of __________, 2020. ___________________________ Notary Public This instrument drafted by: Office of the General Counsel Metropolitan Council 390 North Robert Street Saint Paul, MN 55101 EXHIBIT A FIRST AMENDMENT TO CONSENT AND AUTHORIZATION [to be attached once executed] EXHIBIT C.1 TEMPORARY CONSTRUCTION EASEMENT AREA DEPICTION 655084.v1 CITY OF HOPKINS, MINNESOTA RESOLUTION NO. 2020-031 RESOLUTION AUTHORIZING THE EXECUTION OF FIRSTAMENDMENT TO TEMPORARY EASEMENT AGREEMENT WHEREAS, on January 11, 2019, the City of Hopkins (the “City”) and the Metropolitan Council (the “Council”) entered into a Temporary Construction Easement Agreement (the “Agreement”) to enable the Council to construct the Green Line Extension, also referred to as the Southwest Light Rail Project (the “Project”); and WHEREAS, subsequent to the execution of the Agreement, the Council determined that the depiction of the Temporary Construction Easement Area, as defined in the Agreement, must be modified to properly construct the Project; and WHEREAS, to accommodate such modification, a First Amendment to Temporary Easement Agreement (the “First Amendment”) has been prepared, reviewed by the city attorney’s office, and presented to the City Council on the date of this Resolution; and WHEREAS, pursuant to that certain Easement, Declaration of Restrictions and Covenants, and Landfill Cleanup Agreement, recorded with Hennepin County as Document Nos. 6566524, 6566525, and 6566526, respectively, the Minnesota Pollution Control Agency (“MPCA”) previously consented to the Agreement and must also consent to the First Amendment before the City may execute. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Hopkins, Minnesota that the recitals above are fully incorporated into and made a part of this Resolution. NOW, THEREFORE, BE IT FURTHER RESOLVED, by the City Council of the City of Hopkins, Minnesota that the First Amendment is approved and the Mayor and City Manager are authorized to execute said document, provided, however, that such approval and execution are expressly conditioned on the MPCA first executing a written consent to the First Amendment in a form approved by the city attorney. NOW, THEREFORE, BE IT FINALLY RESOLVED, by the City Council of the City of Hopkins, Minnesota that the Mayor, City staff, City attorney and City consultants are hereby authorized and directed to take any and all additional steps and actions necessary or convenient in order to accomplish the intent of this Resolution. Approved this 2nd day of June, 2020, by the City Council of the City of Hopkins, Minnesota. CITY OF HOPKINS, MINNESOTA Jason Gadd, Mayor Attest: Amy Domeier, City Clerk