2.5 ERMUSR 05-09-2017 Elk River .�
Municipal Utilities UTILITIES COMMISSION MEETING
TO: FROM:
ERMU Commission Tom Sagstetter—Conservation and Key Accounts Manager
MEETING DATE: AGENDA ITEM NUMBER:
May 9, 2017 2.5
SUBJECT:
License Agreement—Housing and Redevelopment Authority (HRA) of the City of Elk River
ACTION REQUESTED:
Approve License Agreement by and between the HRA of the City of Elk River and ERMU
BACKGROUND:
ERMU will be installing a Level 2 electric vehicle (EV) charging station in the HRA parking lot
in downtown Elk River. The EV charging station is part of a partnership between the City and
ERMU to promote the clean efficient use of energy for transportation in and around Elk River.
DISCUSSION:
The License Agreement provides for the installation of a ChargePoint Level 2 charger and
electric service conductors at two parking spaces located along the sidewalk on Main Street. The
two parking spaces will be identified for electric vehicle parking only. The HRA approved this
License Agreement on May 1, 2017.
ATTACHMENTS:
• License Agreement between Elk River HRA and ERMU
Page 1 of 1
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LICENSE AGREEMENT
THIS LICENSE AGREEMENT ("Agreement") is made this ` day of
rnQ , 2017, by and between the Housing and Redevelopment Authority of the
City of Ilk 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 wan-ant 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.
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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. Assignability. 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.
2
36
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
BOP'
y:
Its: S I cf �
B ,� 4 /
Its: CCU, ML ► t rY G •r
LICENSEE:
ELK RIVER MUNICIPAL UTILITIES
By:
Its: President
By:
Its: General Manager
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EXHIBIT A
Depiction of the License Area
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