7.6 HRSR 05-01-2017E lls
River`
Request for Action
To
Item Number
Housing and Redevelopment Authority
7.6
Agenda Section
Meeting Date
Prepared by
General Business
May 1, 2017
Tom Sagstetter, Conservation and Key Accounts
Manager
Item Description
Reviewed by
Installation of a Electric Vehicle Charging Station
Amanda Othoudt, EDD
Reviewed by
Cal Portner, City Administrator
Action Requested
Approve, by motion, a license agreement with ERMU to provide for the installation of a 240 -volt Level 2
electric vehicle car charger with access to two parking spaces designated Electric Vehicle Parking Only.
Background /Discussion
Elk River has been Energy City since 1997 and was formally incorporated into Minnesota Statute in 2006
as an Energy City. The city, through the Energy City Commission, participates in a variety of
sustainability initiatives including but are not limited to; Green Step Cities, Climate Smart Municipals, and
Clean Energy Resource Teams (CERTS). These organizations focus on sustainable practices that work to
decrease the impacts of humans on the environment.
Elk River is a state leader and has achieved the highest step rating available from Green Step Cities. As
part of the Energy City 10 -year Plan the Commission adopted the inclusion of public electric vehicle
infrastructure and is evaluating the purchase of electric vehicle(s) for the city fleet based on a fleet
assessment currently being conducted.
ERMU in partnership with the city was awarded a $40,000 grant from American Public Power
Association to research the adoption of electric vehicles into the city fleet, install two electric vehicle
charging stations, implement time of use rates for the residential EV charging program, and educate the
community on the environmental and financial benefits of the EV technology. In general, all electric
vehicles produce approximately 55% less CO2 and the equivalent cost per gallon is about $1.
The charging station is proposed to be installed in the HRA lot between Elk River Meats and Avalon
Solon. This optimal location provides high visibility to persons using the parking lot and walking on Main
Street. This location would also allow for the least disturbances and most cost effective installation.
Financial Impact
None
Attachments
Map of Electric Vehicle Charging Station
Parking Lot Charger Location
License Agreement ERMU and HRA of Elk River
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LICENSE AGREEMENT
THIS LICENSE AGREEMENT ( "Agreement ") is made this day of
, 2017, by and between the Housing and Redevelopment Authority of the
City of Elk River ( "Licensor ") and Elk River Municipal Utilities ( "Licensee ").
RECITALS
Licensee has requested Licensor to grant a license to Licensee to use that portion of the
Licensor's parking lot designated as the "License Area" on Exhibit A attached hereto for the
limited purpose of installing an electric vehicle charging station. Licensor has agreed to grant
such a license.
NOW, THEREFORE, in consideration of the Recitals and the agreements contained
herein, Licensor and Licensee agree as follows:
1. License. Licensor hereby grants to Licensee, subject to the terms and conditions
of this Agreement, an exclusive license (the "License ") to use the License Area for the purpose
of installing a 240 -volt level two electric charging station.
2. No Interest in License Area. Licensee acknowledges and agrees that this
Agreement does not grant Licensee any estate or other interest in the License Area or any part
thereof, except the License expressly described herein.
3. Limitation of Liability. Licensor does not warrant that the License Area is
suitable for the purposes for which it is permitted to be used under this Agreement. Licensor
shall not be responsible or liable to Licensee for any loss or damage to Licensee or its property,
or anyone claiming by or through Licensee, and Licensee assumes all risk of loss or damage to
Licensee's property located in the License Area.
4. Maintenance. Licensee acknowledges that the License Area is in good order,
condition and repair, and agrees that its use of the License Area will comply with all applicable
laws, rules and regulations and that Licensee shall maintain the License Area in a similar
condition that the License Area is in on the date hereof, and not commit any nuisance or waste
on the License Area.
5. Compliance with Laws. Licensee shall not commit or permit any act to be
performed on the License Area or omission to occur which will be in violation of any statute,
regulation or ordinance of any governmental body or which will be in violation of any insurance
policy carried on the License Area by Licensor.
6. Assi ng ability. This Agreement, and the License herein granted, may not be
assigned or transferred to any third party by Licensee without the prior written approval of
Licensor.
7. Term and Termination. This License shall be for an initial term of ten (10) years,
and may only be terminated during the initial term by Licensee or by written agreement of the
Licensor and Licensee. Following the initial term, this License shall remain in effect until
terminated by either party. Licensor may terminate this agreement after the initial term upon
ninety (90) days written notice to Licensee. Licensee may terminate this Agreement at any time,
upon written notice to Licensor. Licensee shall remove all of Licensee's property from the
License Area and return the License Area to its existing condition by the effective date of a
termination.
8. Miscellaneous Provisions.
a. Notice Addresses. All notices shall be sent by registered or certified mail
addressed as follows:
Licensor: Housing and Redevelopment Authority of
the City of Elk River
13065 Orono Parkway
Elk River, MN 55330
Licensee: Elk River Municipal Utilities
13069 Orono Parkway
Elk River, MN 55330
Either party may, by such notice, designate a new or other address to which notice may
be mailed.
b. Governing Law. This Agreement shall be construed in accordance with
and governed by the laws of the State of Minnesota.
OA
IN WITNESS WHEREOF, the parties have executed and delivered this Agreement as
of the date first written above.
LICENSOR:
HOUSING AND REDEVELOPMENT AUTHORITY
OF THE CITY OF ELK RIVER
By:
Its
By:
Its
LICENSEE:
ELK RIVER MUNICIPAL UTILITIES
By:
Its: President
By:
Its: General Manager
S -1
EXHIBIT A
Depiction of the License Area
A -1