10. Special Use Permit Between North Star Rail and the City to Allow a Passenger Train to Depart from Chanhasseni
4
1 MEMORANDUM
1
CITY OF
CHANHASSEN
690 COULTER DRIVE • P.O.. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 =1900 • FAX (612) 937 -5739
TO: Don Ashworth, City Manager
FROM: Sharmin Al -Jaff, Planner II
DATE: October 19, 1994
SUBJ: North Star Rail, Inc. Passenger Train Ride
North Star Rail, Inc. is planning a passenger train
is proposed to stop between Market Boulevard a
train trip is proposed to take place on October 2
board between 8:30 and 8:45 a.m. rr d diseni k
Passengers are expected to park their cars at tht e
lot which contains 175 spaces. The applicant is
will not use the lot on weekends. x - `
The City Code does not address passengbr trains, consequfntly, staff requested the City Attorney
to draft a special use agreement betW n the city and Nof Star Rail to allow the train ride to
take place. This agreement covers numerous aspects such a'North Star Rail provide commercial
comprehensive general liabilitysurance and name the C# as an additional insured on the
policy. Sections of the agreement address the operation of th ain and provide terms that would
prevent noise and enure traffic safety.
RECOMMENDATJOI
Staff is recommending apprial flfthis agreement with terms proposed
drafted by the City Attorney.
ATTACHMENTS
1. Map showing stop location and park and ride lot.
2. Letter from North Star Rail, Inc.
3. Special Use Agreement.
Action by City Adm1nWftW-
Endorsed
Modified
Rejecte
Date Suhrnitted to Commissb"
do pate Submitted to Cownd
/a - a La(
through the City of Chanhassen. The train
eat Plains Boulevard (Attachment 1). The
30, 1994. The train rides are expected to
nween 4:00 and 4:15 p.m. on both days.
ti Southwest Metro Transit Park and Ride
eating a maximum of 120 cars. SMTC
agreement
� i�'�V Sim
1 11111
1 5A Pl�.�*
suill Irmam •" i 11111 ll
• R , •_ -
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10 %20 %94 11:58 FAX 612 854 9051 A &C
002
NSR
North Star RWI Inc./Project #261 _ .
1550 East 79th Street - Stiite $60
_
Bloomington, Minn 55425 -
- October 20, 1994
'
VIA FACS7=19 -
Ms.: Sh arm? n Al-7a ff
city of Chanhassen
,
690Coulter Drive
P. Box 147
Chanhassen, MN 55317
Dear Ms. Al -Jaff:
This is to respond to the requirement in the special Use
Agreement which we anticipate si and being approved by
your City Council shortly. Section 3.2• re wir es that we
provide notice conc ati.upcomimg event
'
The nature of our event. is an: excursion train ride_ on
October 29 and 30, 1994 from- .approXimately" 8:30 -a.m. to 4:00
'
p.m each day_ The train rider are ex�� ected to board between•
8:30 and'8:45 a.m. and disembark between 4:00 and 4:15 p.m.
each day. We expect to have approximately : 300 riders each'day
and' we anticipate between 100 and Y20 cars to " be coming into
'
the area. It is my' understanding that Section 1 of the
.
Agreement allows use of the Parr and 'Ririe area for parki -ug
these vehicles. It is my tmderstanding ' that the . Park and Ride
'
.
area can accommodate these -- vehicles.
At this time I am notifying. our commercial gene
'
liability carrier of the need fo a certificate • of insur ance
naming the City of Chanhassen as an additional insured. North
Star Rail also has a 'workers' compensation policy with
Empioyer's Insurance of Wausau through, the assigned risk plan.
'
1 will provide proof that the policy is in full effect..
I believe that this complies with the re of the
'
Agri ement__. ,
sincerely',
'
- .
Richard Cesario
Counsel to North star Rail
RC: -
CRMPBELL, KNUTSON, SCOTT & FUCHS, P.A
r ....
I i
Property ").
2. NSR has proposed to park cars for an excursion train at the Subject
THIS SPECIAL USE AGREEMENT, dated 9 1994,
between the CITY OF CHANHASSEN, a Minnesota municipal corporation (the "City "),
' and NORTH STAR RAIL, INC., a Minnesota corporation ( "NSR ").
RECITALS
1. The City is the owner of real property situated in the County of Carver and
' State of Minnesota, as more particularly described in the attached Exhibit "A" ("Subject
1
Property.
3. NSR understands that the City has entered a Park and Ride Agreement
with Southwest Metro Transit Commission ( "SMTC") on the Subject Property which
takes precedence over this Agreement.
Oct 20,94 15:10 No.003 P.O2
SPECIAL USE AGREEMENT
4. It is the desire of the parties to enter into an agreement regarding use of
the Subject Property during NSR's excursion train events.
NOW, THEREFORE, in consideration of the mutual covenants and conditions
hereinafter contained, it is agreed by and between the parties hereto as follows:
1. USE OF THE SUBJECT PROPERTY.
1.1 NSR agrees that primary use of the Subject Property shall be for a park
and ride site for SMTC.
1.2 NSR may use the Subject Property as provided in this Agreement;
provided, however, that NSR's use does not interfere with SMTC's use of the property,
18698 Chanhassen/
' North star Rail
CAMPBELL, KNUTSON, SCOTT & FUCHS, P.R Oct 17,94 17:08 No.012 P.04
1.3 NSR may allow its customers to park their vehicles in the public parking
lot on the Subject Property only between the hours of 7:00 p.m. Friday to 6:00 a.m. the
following Monday.
2. OPERATION OF TRAIN.
2.1 NSR's train shall consist of no more than twelve (12) cars plus engine and
tender, and shall not exceed 1200 feet in length.
2.2 The train shall not be stopped anywhere within the City so that traffic on
any public street is impeded.
2.3 The train shall not sound its whistle, horn or bell within the City except in
the event of an emergency when necessary to prevent personal injury or property
damage.
2.4 The train shall not use outside lights which cause light or glare to any
private or public property within the City.
2.5 The train shall not use a public address system which can be heard outside
the train.
2.6 No alcohol may be consumed on the Subject Property. NSR agrees to take
reasonable measures to enforce this prohibition.
2.7 NSR shall not allow the train to discharge grey water or effluent of any
nature within the City.
3. PERFORMANCE STANDARDS.
3.1 NSR most give written notice to the City of each event it conducts at the
Subject Property. The notice must be sent to the City at least fifteen (15) days prior to
the event.
18698 chanhassen/
.2_ North Star Rail
I , CAMPBELL, KNUTSON, SCOTT & FUCHS, P.R
Oct 17,94 17:08 No.012 P.05
' 4.1 NSR shall be responsible for clean up of the Subject Property after each
event, including the pick up and proper disposal of all trash, litter or other debris left on
the Subject Property.
S. INSURANCE.
5.1 NSR will provide commercial comprehensive general liability insurance and
name the City as an additional insured on the policy or policies. The insurance shall
afford minimum protection of not less than $1,000,000 for injury to or death of any one
person, $2,000,000 for injury to or death of two or more persons, and $1,000,000 for
property damage. NSR shall annually furnish the City with a Certificate of Insurance
indicating the applicable coverage and providing that such insurance will not be
cancelled or terminated without ten (10) days written notice to the City.
18698 Chanhassen/
-3- Worth star Rail
3.2
The notice must inform the City of the following information:
'
The
'
A.
nature of the event;
on their property.
B.
The date and time of the event;
C.
The times customers are expected to be boarding and disembarking the
train;
'
D.
The expected number of customers for each event; and
' 4.1 NSR shall be responsible for clean up of the Subject Property after each
event, including the pick up and proper disposal of all trash, litter or other debris left on
the Subject Property.
S. INSURANCE.
5.1 NSR will provide commercial comprehensive general liability insurance and
name the City as an additional insured on the policy or policies. The insurance shall
afford minimum protection of not less than $1,000,000 for injury to or death of any one
person, $2,000,000 for injury to or death of two or more persons, and $1,000,000 for
property damage. NSR shall annually furnish the City with a Certificate of Insurance
indicating the applicable coverage and providing that such insurance will not be
cancelled or terminated without ten (10) days written notice to the City.
18698 Chanhassen/
-3- Worth star Rail
E. The expected number of motor vehicles for each event, and a proof of
p arking that clean demonstrates that sufficient p arking P � Y P g is available at the
Subject Property, or that NSR has the written permission in the form of a
'
cross - access agreement of adjoining property owners to park motor vehicles
on their property.
4. MAINTENANCE OF SUBJECT PROPERTY.
' 4.1 NSR shall be responsible for clean up of the Subject Property after each
event, including the pick up and proper disposal of all trash, litter or other debris left on
the Subject Property.
S. INSURANCE.
5.1 NSR will provide commercial comprehensive general liability insurance and
name the City as an additional insured on the policy or policies. The insurance shall
afford minimum protection of not less than $1,000,000 for injury to or death of any one
person, $2,000,000 for injury to or death of two or more persons, and $1,000,000 for
property damage. NSR shall annually furnish the City with a Certificate of Insurance
indicating the applicable coverage and providing that such insurance will not be
cancelled or terminated without ten (10) days written notice to the City.
18698 Chanhassen/
-3- Worth star Rail
CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A Oct 17,94 17:09 No.012 P.06
�
5.2 NSR shall provide the City with proof of Workers Compensation insurance
covering all of NSR's employees and agents who access the Subject Property.
5.3 Except to the extent due to the sole negligence or willful misconduct of the '
City, its agents or employees, the City shall not be liable to NSR for any loss or damage
due topersonal in property damage for any reason whatsoever. NSR shall be
injury or P
liable to the City for any loss or damage due to personal injury or property damage ,
occasioned by, growing out of or arising or resulting in connection with NSR's acts or
'
omissions in the use of the Subject Property.
6. INDENINIFICATION Except to the extent due to the sole negligence or ,
willful misconduct of the City, its agents or employees, NSR agrees to indemnify and
an from '
hold harmless the City and its officers, agents, and employees Y liability and
expense (including reasonable attorneys' fees and other costs or expenses of litigation)
with respect to Workers' Compensation benefits or for damage on account of injury or
death to NSR's agents or employees, occasioned by or arising in connection with t he use
of the Subject Property, and to any and all claims for bodily injury or death or property '
loss or damage sustained as a result of NSR's use of the Subject Property. '
7. NOTIcEs. All notices hereunder shall be in writing and shall be deemed
g person g iven if erson delivered or mailed, certified mail, return receipt requested, to the '
following addresses:
If to City: City of Chanhassen
690 Coulter Drive
Box 147
Chanhassen, Minnesota 55317
18698
-4-
chanhassen/
North Star Raft
CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A Oct 17,94 17:10 No.012 P.07
i
with a copy to: Chanhassen City Attorney
' Campbell, Knutson, Scott & Fuchs, P.A.
317 Eagandale Office Center
1380 Corporate Center Curve
' Eagan, Minnesota 55121
If to NSR: North Star Rail, Inc.
1550 East 79th Street
Suite 800
' Bloonungton, Minnesota 55425
8. MISCELLANEOUS.
8.1 This Agreement shall not be altered, changed or amended except by an
' instrument in writing executed by both parties.
8.2 Except as otherwise set forth in this Agreement, this Agreement shall be
binding upon and shall inure to the benefit of the City, NSR and their respective
successors and assigns.
8.3 This Agreement constitutes the entire agreement and understanding of the
supersedes
parties and all offers, negotiations and other agreements. There are no
p P
representations or understandings of any kind not set forth herein.
9. TERM. This Agreement shall be for a term of one (1) year, commencing
on October 28, 1994 and terminating at 12:01 a.m. on October 28, 1995.
' 10. TERMINATION. NSR's right to use the Subject Property shall be terminated
immediately for a material default in the terms of this Agreement. The termination shall
•
become effective upon the City's giving NSR notice of the default as provided herein.
18b98
Chanhassen/
_5. North Star Rail
1
CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A Oct 17,94 17:10 No.012 P.08
IN WITNESS WHEREOF, the parties have hereunto set their hands the day and
year first above. written, '
CITY OF CHANHASSEN '
By:
Donald
(SEAL) J. Chmiel, Mayor ,
B
Don Ashworth, City Manager ,
NORTH STAR RAIL, INC. '
By:
Its: '
STATE OF MINNESOTA )
)ss.
COUNTY OF CARVER )
ins was acknowledged '
The foregoing � st ed before me this � day of g
, 1994, by Donald J. Chmiel and by Don Ashworth, respectively the
Mayor and City Manager of the City of Chanhassen, a Minnesota municipal corporation, '
on behalf of the corporation and pursuant to the authority granted by its City Council.
. 1
Notary Public
STATE OF MINNESOTA )
)ss. '
COUNTY OF . )
The foregoing instrument was acknowledged before me this - day of
1994, by of North Star
Rail, Inc., a Minnesota corporation on behalf of the corporation,
Notary Public
18698
®+
Chanhassen!
North Star Rail
CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A Oct 17,94 17:11 No.012 P.09
EXHIBIT " A "
Description of Subject Property
18698 Chanhassen/
North Star Rail