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HomeMy WebLinkAboutContract 2312 -444 ( 9, THIRD AMENDMENT TO JOINT POWERS AGREEMENT TRAFFIC MARIUNGS, STREET SWEEPING CRACK SEALING, SCREENING AND SEAL COATING This Third Amendment to Joint Powers Agreement ("Third Amendment") is by and between the cities of Anoka, Andover, Brooklyn Center, Columbia Heights, Coon Rapids, East Bethel, Fridley, and Ham Lake (hereinafter individually the "City" and collectively the "Cities"). WHEREAS, the Cities shall collectively be known as the North Metro Regional Street Maintenance Consortium. WHEREAS, on February 1, 2005 the cities of Coon Rapids, Andover, Brooklyn Center, Columbia Heights and Fridley entered into a Joint Powers Agreement pursuant to Minn. Stat. 071.59 for the purpose of combining together for bidding purposes for street maintenance services (hereinafter the "Joint Powers Agreement"); and WHEREAS, the City of Ham Lake joined the Joint Powers Agreement in February, 2006 by an agreement entitled First Amendment to Joint Powers Agreement (hereinafter the "First Amendment"); and WHEREAS, the Cities in the First Amendment, paragraph 3, authorized the City of Coon Rapids to allow a new member City to join the Joint Powers Agreement when, in its sole discretion, the City of Coon Rapids determines that it is in the best interest of the Cities to allow the new member City to join; and WHEREAS, the City of East Bethel joined the joint Powers Agreement in February, 2008 by agreement entitled Second Amendment to Joint Powers Agreement (hereinafter the "Second Amendment"); and WHEREAS, the City of Anoka wishes to join the Joint Powers Agreement and the City of Coon Rapids has determined that it is in the best interest of the Cities to allow Anoka to join. NOW, THEREFORE, by virtue ofthe powers granted by Iaw and in consideration ofthe mutual covenants and agreements of ofthe parties hereto, it is agreed as foliows: 1. Definitions. All oupi1ulizcd1mum, not otherwise separately defined herein, shall have the meanings ascribed to them in the Joint Powers Agreement. 2. Addition nfAnoka. As of the date hereof, the City ofAnoka shall become a party to the Joint Powers Agreement and shall assurne all the responsibilities and Iiabilities of the parties thereunder. 3. Full Force and Effect. Except as expressfy amended herein, the terms and provision contained in the Joint Powers Agreement shall continue to govern the rights and obligations of the Cities, and the Joint Powers Agreement shall remain in ful! force and effect. IN WITNESS WI-IEREOF, the City of Coon Rapids and the City of Anoka have caused this Amendment to be executed by the duly authorized officers of their respective governing bodies as ofthe ? day of , 2010. The City ofCoon Rapids shall provide written notice of the additiori ofthe City of Anoka within 20 days ofthe execution ofthis Third Amendment. CITY OF CO N '.'IDS CITY OF ANOKA `.` -r By , � ` By: Tim '! owe, Mayor Phil '`' ---- /1 ^ By: ' . A By: Ma Fu ton, City Manager Tim ' ruikshank, City Manager Approved as to form: 441 Coon Rapids City Attorney