2g. Permit Agreement with Hennepin County Regional Rail Authority.�1 rs
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MEMORANDUM
CITY of a9
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
TO: Don Ashworth, City Manager
FROM: Todd Hoffman, Park and Recreation Director
DATE: July 19, 1994
SUBJ: Approve. Permit Agreement with Hennepin County Regional Rail Authority
To allow for the construction and maintenance of the
Regional Authority ( HCRRA) southwest light rail tr an
southwesterly to Highway 212, the attached Perrnit A
agreement is identical to the one between Hennepin'
operate and maintain the majority of this trail systern.,
maintain a 1 mile extension to the 11.5 miles' of trail
Upon approval, this agreement will be presented to th
Authority on Tuesday, July 26 for approval and signa
which completed the trail work for Hennepin Parks,
execution of this agreement. As you:are aware, the
through special authorization from.the city councils o
these trail improvements.
Recommendation
aggregate trail on the Hennepin County
sit route from Bluff Creek Drive
greement must be executed. The
'arks and HCRRA. Hennepin Parks will
This agreement will allow the city to
already established by Hennepin Parks.
e ,Hennepin County Regional Rail
tunes. Veit Construction, the contractor
stands ready to begin construction upon
Cities of Chanhassen and Chaska,
f both .cities, will share the costs of
It is recommended that the .Permit Agreement been the HCRRA and the City of
Chanhassen allowing the City of Chanhassen to utilize of center 16 feet;`geneially conforming
to the track bed of all that part of-the HCRRA right -of -way formerly the Chicago and
Northwestern Transportation Company's righ
Chanhassen southwesterly to mile post 32 in.
County for trail purposes be approved and si;
PC: Del Miller, Hennepin Parks
Dave Pokorney, City of Chaska
Larry O'Dell, HCRRA
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:from Bluff:Creek Drive in the City of
westerly of U.S. Highway 212 in Carver
Agreement No.
Parcel
I PERMIT AGREEMENT
I THIS AGREEMENT, entered into by and between the HENNEPIN COUNTY
' REGIONAL RAIL AUTHORITY, a Minnesota political subdivision ( "Permittor ") and
the CITY OF CHANHASSEN, a Minnesota municipal corporation ( "Permittee ").
IN CONSIDERATION OF THE COVENANTS BY AND BETWEEN THE
PARTIES, IT IS HEREBY AGREED:
1. PREMISES. Permittor hereby agrees to grant certain rights and benefits
to Permittee hereinafter described with regard to that certain real property located in
Hennepin and Carver Counties Minnesota described as follows:
P ,
The center 16 feet generally conforming to the track bed of
all that part of the HCRRA right -of -way, formerly the
Chicago and NorthWestern Transportation Company's right -
of -way from Bluff Creek Drive in the City of Chanhassen
southwesterly to Mile Post 32 in Chaska westerly of U.S.
I Highway 212 in Carver County.
The said real estate shall be hereinafter described as the "Premises."
' 2. USES. The Premises shall be for the use of Permittee i n
is agents, officers,
' employees, subpermittees, and invitees for trail purposes only, including but not limited
to pedestrian use, cross country skiing, and the riding of horses, bicycles, and other
vehicles, and for all uses and requirements necessary to the enjoyment of the Premises
' for said uses. Permittee shall be ranted temporary use of adjacent lands controlled g p ary � ds co tro ed by
' Permittor as reasonably required for construction and maintenance of the Premises.
RECEIVED
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06/17/94
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3. TERM. The term of this permit shall be for an indefinite period,
commencing on the date of Hennepin County Regional Rail Authority ( "HCRRA ")
until termination in accordance with paragraph '
approval P g P h 4.
4. TERMINATION. Either party may at any time terminate this permit by
giving thirty (30) days' written notice of its intention to do so. Such notice may be served '
upon the Hennepin County Regional Rail Authority by delivering a copy thereof to the
Executive Director of the rinci al office in the Hennepin Count Government Center, '
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Minneapolis, Minnesota 55487 or by depositing the same in the United States Post Office
directed to the Executive Director of the principal office. Such notice may be served on '
the City of Chanhassen by delivering a copy thereof to its City Manager at the
Chanhassen City Hall, 690 Coulter Drive, Box 147, Chanhassen, Minnesota 55317.
Except as provided herein, this agreement may not be terminated or revoked by either
party hereto.
5. TEMPORARY NATURE OF USE. Permittee acknowledges that the
Premises was acquired b Permittor specifically and solely for the purpose of constructing
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a light rail transit system or other permitted transportation uses and its associated facilities I
and that it is Permittor's intention to allow Permittee to use the Premises only until it is
needed for that purpose. Nothing in this permit shall be deemed to evidence any change
by Permittor of its intended use of the Premises for light rail transit purposes or other '
permitted transportation uses. Rather, Permittor has agreed to the terms of this permit to I
provide a temporary use for the Premises during the time required for further planning
and development of the light rail transit system or other permitted transportation uses.
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•' 6. RIGHTS UPON TERMINATION. On the expiration of thirty (30) days
after such service of said notice, this permit and all rights hereunder shall thereupon
terminate and be at an end, saving and excepting such rights as may have accrued to
' either party hereunder prior to such termination. Permittee shall without further notice
or demand, deliver possession of the Premises to the Permittor at the expiration of said
thirty (30) days and shall before the expiration of said thirty (30) days, remove all
buildings and property placed upon the Premises which it may desire to have the right to
' remove. If Permittee fails to remove buildings and property, its right shall, at the option
of the Permittor, cease and Permittee's interest thereto shall be forfeited and at the same
time shall belong to Permittor, or in such case, if the Permittor shall elect, it may, at any
time after the expiration of said period of thirty (30) days, tear down and /or remove any
' or all such buildings and property at the expense of Permittee without any liability for
damages thereof in any respect whatsoever and Permittee shall thereupon promptly
reimburse Permittor for all expenses incurred by it in doing so.
7. RENT. Upon any such termination of this permit, rent shall be paid by the
' Permittee to the date of termination fixed by said notice at the rate of $1.00 per year.
8. OTHER USERS. The HCRRA shall assume responsibility for securing
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such permissions as may be required from the Minnesota Department of Transportation
' in connection with this permit. In addition, Permittor shall use its best efforts to terminate
' or amend any permits or leases, or other written permission to the Premises which may
previously have been extended to others by Permittor and which conflict with this permit.
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9. SUBPERMITS. Permittee shall have the right to grant permits to
subpermittees on the same terms and conditions and for the same uses as are contained
in this permit. The Permittor shall have the right to review and approve said subpermits,
but such approval shall not be unreasonably withheld. Said subpermits may provide for
the survival of such subpermits by consent of Permittor in the event of any failure to
perform on the part of Permittee.
10. SIGNAGE. Permittee shall maintain signage, including kiosks, on the
Premises identifying the Premises as a temporary trail corridor of the City of Chanhassen.
Any such signage must receive the prior approval of Permittor and also identify the
HCRRA as the owner of the corridor and that the corridor is reserved for light rail transit
or other future transportation uses.
11. NUISANCE. Permittee shall not permit the existence of any nuisance on
said Premises. Permittee at all times shall keep said Premises clean and shall comply with
all laws, ordinances, and regulations respecting Permittee's business and use and
occupation of said Premises. Permittee, at its sole cost, shall make any and all
improvements, alterations, repairs and additions, and install all appliances required on
said Premises by or under any such regulations, ordinances, or laws. No bills, posters,
or advertising matter of any kind shall be posted on said Premises provided, however,
that Permittee may post on appropriate structures, informational materials relating to the
trail.
12. UTILITIES, TITLE. Permittee accepts said Premises subject to the right
of any person, firm, or corporation, including the Permittor inn and to any existing
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whether or not of record, and should it at any time become necessary because of
telephone, telegraph and /or other wires, poles, and facilities of any kind whatsoever,
Permittee's use of the Premises to relocate any of said poles, wires, or facilities by reason
of this permit, Permittee shall bear and pay the cost of so doing.
Permittee also accepts said Premises subject to any want or failure at any
time of Permittor's title to said Premises of any part thereof and Permittee shall assume
any damages sustained by Permittee in connection therewith. Permittee also accepts such
Premises subject to rights of any party, including Permittor, in and to any existing
roadways and easements. Permittee agrees to provide to Permittor or other tenants of
Permittor access over and through the Premises on these roadways and easements should
such access be deemed necessary by Permittor. Permittee accepts said Premises subject
to the right of Permittor, its employees, agents, and contractors to walk upon said
Premises to repair adjacent property and the right of Permittor, its employees, agents, and
contractors to temporarily place equipment upon the property at Permittor's own
responsibility and risk for the purpose of maintaining, repairing, or inspecting or
constructing upon Permittor's adjacent property.
13. INDEMNIFICATION. Permittee shall defend, indemnify, and hold
harmless Permittor, its commissioners, officers, agents, and employees from any liability,
claims, demands, personal injury, costs, judgments, or expenses, including reasonable
attorney's fees, resulting from directly or indirectly from an act or omission of Permittee,
its agents, employees, customers, invitees, subpermittees, or other occupiers of the
Premises.
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Permittor shall not be liable to Permittee or those claiming by, through, or
under Permittee for any injury, death, or property damage occurring in, on, or about the
h construction, operation, or maintenance of the Premises b ,
Premises based upon the co stru pe y
Permittee or any subpermittee, nor for the loss or damage by reason of the present or '
future condition of repair of the Premises, or for the loss or damage arising from the acts ,
or omissions of Permittee, its agents, employees, customers, invitees, subpermittees, or
other occupiers of the Premises.
14. INSURANCE. Permittee further agrees that if in any case the release and ,
indemnity provided in this section shall not be valid, Permittor shall have the full benefit
of any insurance effected by the Permittee upon the property injured, destroyed, or
damaged and /or against the hazard involved; and Permittee agrees that an and all such '
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insurance shall be so written that the insurer shall have no claim or recourse of any kind '
whatsoever against Permittor in connection therewith.
15. WASTE. Permittee, in consideration of the permitting of the said
Premises, as herein rovided, hereby covenants and agrees to pa the rent therefor '
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promptly, as above provided, and fully to abide by and perform all and singular the I
conditions, covenants, and agreements herein contained and to be observed and performed ,
by said Permittee and to yield up said Premises unto the Permittor at the expiration or
termination of this permit agreement in as good conditions as when entered upon.
16. QUIET ENJOYMENT. Permittor has the right and authority to enter into '
this agreement and if Permittee pays the rent required hereby and otherwise performs the
terms hereof to be performed by Permittee, Permittee shall, during the term hereof, be
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provisions hereof. Notwithstanding the foregoing, Permittee acknowledges that the rights
entitled to quiet enjoyment and possession of the Premises subject to the termination
provided to it by virtue of the permit are subject to the provisions of paragraph 12.
17. WAIVER. No receipt of money by Permittor from Permittee after any
default by Permittee or after the expiration of this permit or after the service of any
notice or after the commencement of any suit or after final judgment for possession of
said Premises, shall waive such default or reinstate, continue, or extend the term of this
permit or affect any such notice or suit, as the case may be. No waiver of any default of
Permittee shall be implied from omission by Permittor to take any action on account of
such default, and no express waiver shall affect any default other than the default
specified in the express waiver and that only for the time and to the extent therein stated.
18. BREACH. It is further agreed between the parties hereto, that if the said
Permittee shall breach or make default in any of the conditions, covenants, or agreements
of this permit, which breach or default shall continue for fifteen (15) days after
Permittee's receipt of written notice from Permittor, then it shall be lawful for the
Permittor, then or at any time thereafter, to declare this permit ended, and to reenter said
Premises and take possession thereof, with or without process of law, and to use any
reasonable or necessary lawful force for regaining possession; whereupon the rights and
obligations of the parties shall be the same as above specified in the case of termination
at the end of thirty (30) days' notice; and it is hereby further agreed and provided that
any waiver at any time of a breach of any condition, covenant, or agreement of this
permit shall extend only to the particular breach so waived and shall, in no manner,
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impair or affect the existence of such condition, covenant, or agreements, or the right of '
Permittor thereafter to avail itself of same and any subsequent breach thereof. In the
event Permittor has to take action for repossession of said property, Permittee, its assigns
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or heirs shall be liable for reasonable attorney's fees incurred by Permittor. ,
19. ASSIGNMENT. The benefits and obligations of this permit shall extend
to and shall bind the heirs, administrators, executors, lessees, successors, or assigns of
the parties hereto, but no interest in this permit shall be assigned, nor said Premises or
any part thereof shall be subpermitted, used, or occupied by any party other than the I
Permittee unless specifically stated herein. Permittor reserves the right to review and
revise the rental application to this permit upon any change in the status of this permit,
the Permittee, or person occupying in the Premises during the term of this permit or any '
renewal thereof. '
20. IMTROVEMENTS. Permittee shall be responsible for the construction of
all improvements necessary to the maintenance of a trail corridor on the Premises and the
maintenance of said trail corridor. Permittee shall also be responsible for the construction '
of all bridges and crossings deemed necessary for Permittee to maintain the trail corridor. '
Construction plans, if any, shall be submitted to the Permittor for review and comment.
Permittor reserves the right to reject any plans for construction proposed by Permittee on
the grounds, in Permittor's sole discretion, that said plans are incompatible with hits
future use of the Premises.
21. LAW ENFORCEMENT. Permittee shall have primary responsibility for
the romul ation of rules regulations, and ordinances relating to the Premise The '
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parties hereto recognize that municipal ordinances and law enforcement may also be
involved in regulating the Premises. Permittee agrees to use its best efforts to coordinate
regulation and law enforcement of the Premises with the several municipalities in which
the Premises lie.
any condition of the Premises that could present a threat to human health or to the
22. ENVIRONMENTAL CONCERNS. Permittee shall not create or permit
environment. Permittee shall bear the expense of all practices or work, preventative or
remedial, which may be required because of any conditions of the Premises introduced
by Permittee, subpermittees, or invitees during Permittee's period of use, including
conditions introduced by Permittee which affect other lands. Permittee expressly agrees
that the obligations it hereby assumes shall survive cancellation of this permit. Permittee
agrees that statutory limitation periods on actions to enforce these obligations shall not
be deemed to commence until Permittor discovers any such health or environmental
impairment, and Permittee hereby knowingly and voluntarily waives the benefits of any
shorter limitation period.
Permittor shall have the right, but not the duty, to enter upon the Premises
from time to time as set forth below to inspect the Premises for environmental
contamination and in the course thereof to conduct soil and groundwater testing.
Permittor may enter the premises during regular business hours of Permittee without prior
notice, and may enter the Premises during periods other than regular business hours
either with prior written consent of Permittee or without if Permittor reasonably believes
that an emergency exists on the Premises. Permittor shall conduct any such inspections
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or testing so as to minimize interference with Permittee's operations. Permittor's entry
onto the Premises pursuant to this paragraph shall not relieve the Permittee's obligation
to pay rent under this permit.
23. COMPLIANCE WITH LAWS, ORDINANCES, AND RULES.
Permittee agrees to comply with all laws, ordinances, and regulations of federal, state,
municipal, and local government agencies as they apply to use of the Premises.
24. CONDITION OF PREMISES INSPECTION. Permittee accepts the
Premises in an "AS IS CONDITION" with no express or implied representations or
warranties by Permittor as to the physical condition or fitness or suitability for any
particular purpose, express or implied. Permittee is responsible for and has had ample
opportunity to inspect the Premises, is familiar with the same, and has determined to its
satisfaction the fitness of the Premises for its intended use.
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IN WITNESS WHEREOF, the parties hereto have signed this permit agreement
as of , 1994.
Upon proper execution, this HENNEPIN COUNTY REGIONAL
agreement will be legally RAILROAD AUTHORITY
valid and binding.
IM
Chairman, Board of Commissioners
Assistant County Attorney
Date:
AND
Deputy Executive Director
CITY OF CHANHASSEN
Roger N. Knutson
Chanhassen City Attorney
Date:
I
Donald J. Chmiel, Mayor
AND
Don Ashworth, City Manager
Approved as to execution:
Assistant County Attorney
Date:
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