D-5. Bandimere Park Expansion Project: Approve Encroachment Agreement with Magellan Pipeline for Work within the Pipeline Easement iD
MEMORANDUM
CITY OF TO: Todd Gerhardt, City Manager
CHANHASSFN FROM: Todd Hoffman, Park and Recreation Director Xt
7700 Market Boulevard DATE: July 25, 2016
PO Box 147
Chanhassen,MN 55317 Q`
SUBJ: Bandimere Park Expansion Project PK&T— 114: Approve
Encroachment Agreement with Magellan Pipeline for Work in
Administration Pipeline Easement
Phone:952.227.1100
Fax:952.227.1110
Building Inspections PROPOSED MOTION
Phone:952.227.1180
Fax:952.227.1190 The City Council approves an encroachment agreement with Magellan Pipeline
for work in the pipeline easement for the Bandimere Park Expansion Project.
Engineering
Phone:952.227.1160
Fax:952.227.1170 City Council approval requires a simple majority vote of those present.
Finance
Phone:952.227.1140 BACKGOUND
Fax:952.227.1110
The City Council approved a purchase agreement acquiring two properties
Park&Recreation totaling 4.5 acres to expand Bandimere Community Park in May of 2012. The
Phone:952.227.1120
Fax:952.227.1110 east lot has a Magellan Pipeline traveling through it.
Recreation Center DISCUSSION
2310 Coulter Boulevard
Phone:952.227.1400 The Magellan Pipeline crosses north/south through the 9151 Great Plains
Fax:952.227.1404 Boulevard property. The plans for the Bandimere Park expansion calls for
Planning& constructing a pedestrian trail over the top of the Magellan Pipeline and installing
Natural Resources an electrical line underneath the pipeline. In order for this work to take place, an
Phone:952.227.1130 encroachment agreement between the City and Magellan Pipeline needs to be
Fax:952.227.1110 approved. This agreement outlines the requirements for the contractor to work in
the pipeline easement. It also specifies the necessary insurance coverage of the
Public Works contractor. The work within the easement will be coordinated with the Magellan
7901 Park Place
Phone:952.2271300 Pipeline construction inspector.
Fax:952.227.1310
The City Attorney has reviewed the agreement.
Senior Center
Phone:952.2271125 ATTACHMENT
Fax:952.227.1110
1. Agency Review Request Land Development Proposal
Website 2. Park Mapand Layout
www.ci.chanhassen.mn.us y
3. Encroachment Agreement
Chanhassen is a Community for Life-Providing for Today and Planning for Tomorrow
i1 COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division—7700 Market Boulevard 10
CITY OF CHANHASSEN
i Mailing Address—P.O. Box 147, Chanhassen, MN 55317
Phone:(952)227-1130/Fax:(952)227-1110
AGENCY REVIEW REQUEST
LAND DEVELOPMENT PROPOSAL
pt', ,,, ,,,Vi,,.9F1( rE!S[ )I] n( ,J1IH:it),1f tl l,?:..'.:!A i.Sl 4,r,st, .'t'R,:il,',F
Agency Review Request Date: Agency Review Response Deadline: Date Application Filed:
May 26,2016 I June 9,2016 May 20,2016
Contact: Contact Phone: Contact Email:
Robert Generous,AICP 952-227-1131 bgenerous@ci.chanhassen.mn.us
Senior Planner
Planning Commission Date: I City Council Date: 60-Day Review Period Deadline:
June 21,2016 at 7:00 p.m. July 11.2016 at 7:00 p.m. July 19,2016
Application:
Request an Interim Use Permit for grading at Bandimere Park on property zoned Agricultural Estate District(A-2)located at
9405 Great Plains Boulevard
Planning Case:2016-16 I Web Page: www.ci.chanhassen.mn.us/2016-16
In order for staff to provide a complete analysis of issues for Planning Commission and City Council-review, we would
appreciate your comments and recommendations concerning the impact of this proposal on traffic circulation,existing and
I proposed future utility services, storm water drainage, and the need for acquiring public lands or easements for park sites,
street extensions or improvements, and utilities.Where specific needs or problems exist,we would like to have a written
report to this effect from the agency concerned so that we can make a recommendation to the Planning Commission and
City Council. Your cooperation and assistance is greatly appreciated.
City Departments: Federal Agencies: Adjacent Cities:
1 0 Attorney ❑ Army Corps of Engineers 0 Chaska
® Building Official 0 US Fish&Wildlife 0 Eden Prairie
® Engineer
® Fire Marshal
❑ Jackson Township
Watershed Districts: ❑ Minnetonka
® Forester 0Shorewood
® Park Director ❑ Carver County WMO 0 Victoria
® Water Resources ❑ Lower MN River
❑ Law Enforcement 0 Minnehaha Creek Adjacent Counties:
® Riley-Purgatory-Bluff Creek
Carver County Agencies: 0 Hennepin
Utilities: 0 Scott
❑ Community Development ® Cable TV—Mediacom
® Engineer ® Electric—Minnesota Valley School Districts:
❑ Environmental Services 0 Electric—Xcel Energy 0 Eastern Carver County 112
❑ Historical Society
❑ Parks ® Magellan Pipeline ❑ Minnetonka 276
❑ Soil&Water Conservation District ❑ Natural Gas—CenterPoint Energy
® Phone—CenturyLink Other Agencies:
State Agencies: 0 Hennepin County Regional Railroad
® Board of Water&Soil Resources Authority
❑ MN Landscape Arboretum
❑ Health
❑ Historical Society ❑ SouthWest Transit
❑ Natural Resources-Forestry ❑ TC&W Railroad
❑ Natural Resources-Hydrology
❑ Pollution Control
❑ Transportation
i
COMMUNITY DEVELOPMENT DEPARTMENT
anningdDivision—P.O. 147, Chanhassen,
CITY OF CHANHASSEN
Mailing Address— .O. Box 147, Chanhassen, MN 55317
Phone:(952)227-1300 I Fax: (952)227-1110
APPLICATION FOR DEVELOPMENT REVIEW
Submittal Date: 5/in I1c, PC Date: 0/21 )110 CC Date: (2Id.7//(11 60-Day Review Date: 7I! /P
Section 1 Application Type (check all that apply)
(Refer to the appropriate Application Checklist for required submittal information that must accompany this application)
❑ Comprehensive Plan Amendment $600 0 Subdivision(SUB)
❑ Minor MUSA line for failing on-site sewers $100 0 Create 3 lots or less $300
❑ Create over 3 lots $600+$15 per lot
❑ Conditional Use Permit(CUP) ( lots)
❑ Single-Family Residence $325 0 Metes&Bounds(2 lots) $300
❑ All Others $425 IDConsolidate Lots $150
0 Interim Use Permit(IUP)
❑ Lot Line Adjustment $150
❑ In conjunction with Single-Family Residence..$325 0 Final Plat $700
(Includes$450 escrow for attorney costs)*
❑ All Others
❑ Rezoning(REZ)
$425
'Additional escrow may be required for other applications
through the development contract.
❑ Planned Unit Development(PUD) $750 0 Vacation of Easements/Right-of-way(VAC) $300
❑ Minor Amendment to existing PUD $100 (Additional recording fees may apply)
❑ All Others $500
❑ Variance(VAR) $200
❑ Sign Plan Review $150
❑ Wetland Alteration Permit(WAP)
❑ Site Plan Review(SPR) 0 Single-Family Residence $150
❑ Administrative $100 0 All Others $275
❑ Commercial/Industrial Districts* $500 ❑ Zoning Appeal $100
i Plus$10 per 1,000 square feet of building area:
1 ( thousand square feet)
'Include number of existing employees: ❑ Zoning Ordinance Amendment(ZOA) $500
'Include number of rigw.employees:
❑ Residential Districts $500 NOTE: When multiple applications are processed concurrently,
Plus$5 per dwelling unit( units) the appropriate fee shall be charged for each application.
I�Notification Sign(City to install and remove) $200
1
EY Property Owners'List within 500'(City to generate after pre-application meeting) $3 per address
0/Escrow
addresses)
!/ Escrow for Recording Documents(check all that app y) $50 per document
❑ Conditional Use Permit IV Interim Use Permit 0 Site Plan Agreement
❑ Vacation 0 Variance 0 Wetland Alteration Permit
❑ Metes&Bounds Subdivision(3 docs.) 0 Easements( easements)
TOTAL FEE: O
Section 7 Required Information
Description of Proposal: Chanhassen Bandimere Park Improvements 2016
I
Property Address or Location: 9405 Great Plains Blvd
2502413l0�i section 24 T116N-R23W
Parcel#: Legal Description:
Total Acreage: 1.90 Wetlands Present? ®Yes 0 No
Present Zoning: Agricultural Estate District(A2) Requested Zoning: Not Applicable
Present Land Use Designation: Parks/Open Space Requested Land Use Designation: Not Applicable
Existing Use of Property: City Park
0 Check box is separate narrative is attached.
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ENCROACHMENT AGREEMENT(SHORT FORM) I 07—FORM-7035 I 0 MAGELLAN
Asset Integrity I 01/01/07 I Revision:3 I Page 1 of 7 I SAM PAR h NERS.
BANDIMERE COMMUNITY PARK EXPANSION PROJECT
CHANHASSEN,CARVER COUNTY,MN
MPL#16-560(revised 8/2112016)
This Encroachment Agreement("Agreement")Is SUBJECT TO the Terms of Agreement below and the
Encroachment Requirements on the reverse side.
Pipeline Company Name:MAGELLAN PIPELINE COMPANY,L.P.or MAGELLAN TERMINALS HOLDINGS,LP.or MAGELLAN PIPELINES HOLDINGS,L.P. ( Date
(Referred to hereafter as"Company")
Pipeline Identmlcation/Sectlon Number ( Time
Legal Description(Section,Township,Range,Lot,Block,Abstract,Address) County
State I Alignment Sheet Number I Mile Post(Engineering Station Number) Tract Number
Type of Encroachment: Li Unpaved Residential Driveway ❑Temporary Equipment Crossing ❑Gas Line 0 Water Une 0 Telephone Cable ❑Sprinkler Systems
❑Fence ❑Fiber Optic Cable ❑Drain Tile 0 Talevison Cable 0 Electric One 0 Other Pipeline 0 Other
Other Encroachment Request—(Long Fonn Encroachment Agreement Required): 0 Roadway ❑Parking Lot 0 Access Road
❑Other
PREVIOUS PIPELINE LOCATE ACTIVITIES
Locate Tlcket Number/Date Parson Who Called I Person Dispatched
0 Flagged/Staked Line 0 Probed Line for Depth 7 Marked C.P.Cables ❑Yatnessed Excavation
1.1 Painted Line i;Gave Locator Depth J Exposed Line D Other
Remarks or instructions Given:
Follow-up Action: ❑Yes a No If yes,explain:_
ENCROACHING PARTY/CONTACT INFORMATION
Person met at Location: E Landowner L.Contractor 0 Encroaching Party 0 Other
Name Tide Company
Address City Stale Zip Phone( )
ENCROACHING PARTY(landowner):
Name Title Company
Address City Sate Zip Phone(
STRUCTURE AND/OR ENCROACHMENT CROSSING DATA
ENCROACHMENT DATAPIPELINE DATA
SKETCH OF ENCROACHMENT/PIPELINE
ESN=Engineering Station Number Ground
Obtained from Alignment Sheet �***/
Reference Point: y w
Draw North Arrow
(Nearest CA road,fence,etc.) Foreign Structur
2.Reference Pant ESN: "
3.Distance and Direction from Reference
Point to Foreign Crossing: Fr
(As measured along P/L)
Rpdin
I I NOSouth D East l West 11
M D
4.Calculated ESN of Crossing:
PIPELINE Foreign Structure
(Add/subtract distance to/from Reference
Point ESN)
Size of Foreign Facility:
( Encased:-YeS Size "I No I Complete Pipeline Maintenance Report(0T-FORM-75al)
Casing Type. and attach b
Short form Encroachment Agreement
Steel :,Plastic It Other when pipe has been exposed.
Note:Label all pipelines shown
Coatino Type: I
TERMS OF AGREEMENT
1 The terms,encroachment requirements and conditions of this Agreement('Agreement)shall 6 Encroaching Party agrees that Company may remove,at the Encroaching Partys
constitute covenants running with the land and shall be binding on Encroaching Party and expense,any Encroechmenl(s)or potions thereof,If In Companye Judgment,it is
Company and their heirs,successors and assigns.It is acknowledged that Company is a reasonably necessary to do so in order to operate,construct,alter,maintain,protect,
grantee of certain easement rights(herein'Easement')for pipelines and other facilities repair of replace Company's Facdilies located within the Easement Tract,or in order to
(coiledively'Facilities') Encroaching Party agrees to promptly execute and return to construct or install new Facilities Should Company remove any Encroachment,or
Company a Company-prepared Memorandum of Encroachment Agreement for purposes of portion thereof,Company shell not be sable to the Encroaching Party for any damages
recordation of this Agreement This Agreement shall not limit Company'rights under the resulting by reason of such removal or partial removal and shall not to be liable to replace
Easement except as specifically set forth herein. or repair any such Encroachment(s). Encroaching Party further agrees that if in the
2. Subject to the leans of this Agreement,Company grants permission to Ute Encroaching Party future,it Is determined,or event arises requiring repair of Company's Facilities due to
to construct the Encroachment(s)listed above within Cortpanys Easement Tract.Absent a me presence of the Encroachments,the Encroaching Party will be responsible for said
different defined description in Company's Easement,the Easement Tract,for purposes of repair costs.
this Agreement,is agreed to be all land located within 50 feet of Company's FacM,es. 7 To phi extent allowed by law,the Encroaching Party agrees to indemnify,save and hold
Encroaching Party agrees that it will constlud,properly maintain(end remove or relocate from hamdess Company,its shareholders and their directors and employees,and Company's
the Easement Tract.if requested by Company)the Encroachment(s)at no expense to contractors and subcontractors against any and all claims for damages,Injury or death
Company. arising out of Encroaching Partys use of the Easement Tract or related to any
3 The Encroaching Petty must notify Company et least 48 hours before work commences on or Encroachment(s).
near Company's Easement Tract. No work shall take place within 50 feel of Company 8 The pemession herein granted by the Company in this Agreement is limited to
Facddies without Company's staff being given the opportunity to be present at the site Company's interest and authority in the subject land and the Encroaching Party
4 The Encroaching Party shall supply to Company such plans,surveys and be req drawings relating to eges Encroaching Party's duly to determine any other permission which may
be requirred for the hick may
e)frau other parties of interest,including any
the proposed Encroachment(s)as as Company deems necessary.Any allowed Encroachment(s) governmental entity which may have an interest The permission granted herein by
shall be constructed and maintained to comply with all laws and industry standards. Company for any Encroachment(s)is granted only to the extent of Company's rights
5. Encroaching Party,Its agents and contractors shall make all one call notifications as under the Easement
regained by law.
9 Subject to Exhibits"A","B".and"C"attached hereto and incorporated herein
COMPANY: I acknowledge that I have reviewed the Terms of Agreement and Requirements of this
MAGELLAN PIPELINE COMPANY,L.P. Agreement with a Company representative and agree to be bound by the same.
By Its General Partner,Magellan Pipeline GP,LLC
MAGELLAN TERMINALS HOLDINGS,LP, x.
By Its General Partner,Magellan NGL,LLC Encroaching Party—Signature Date:
MAGELLAN PIPELINES HOLDINGS,L.P.
By Its General Partner,Magellan NGL,LLC Printed Name Title(Owner,etc.)
X I acknowledge that I have reviewed the Terms of Agreement and Encroachment
Company Representative Requirements of this Agreement with a Company representative and agree to abide by
epr all provisions in performance of my work.
%-
Printed Name and Title Signature of Person(Met at Location)Who Is Responsible for Performing Encroachment
Work Authorized by Encroaching Party.
Printed Name Name of company doing encroachment
ENCROACHMENT AGREEMENT(SHORT FORM) I 07—FORM-7035 V nig MAGELLAN-
Asset Integrity I 01/01/07 I Revision:3 I Page 2 of 7
Magellan Company Contact: In the Event of an Emergency:
Phone:( ) Phone: )
Oistnbution: Onlginal-Asset Integrity Records Coordinator at-One Williams Center,MD 27.7,Tula.,OK 74172(Maintain for INe of asset)
Copy-Coordinator of Maintenance I Line Locator
Copy-Enao.ching Party i company
ENCROACHMENT REQUIREMENTS-Encroaching Party responsible unless otherwise specified
1. SAFETY EVALUATION BY COMPANY ENGINEER 0. FOREIGN BURIED LINE CROSSINGS
Prior to any Encroachments being constructed, by the A. GENERAL REQUIREMENTS—
Encroaching Party,a Company representative shall have (APPLIES TO ALL.TYPES OF CROSSINGS)
the opportunity to make an inspection of its underground 1. An Authorized Company Representative must be
pipeline,and Company shall have the option to perform an on-site during all excavation work performed on the
'engineering impact study'and pipeline integrity review to Easement Tract.
evaluate safety concerns and proper safeguards for 2. Angle of Crossing — crossings of the Company
construction of the encroachment(s) and to insure the Easement Tract by any pipeline must be at no smaller
additional longitudinal stress due to external loads is angle to any Company pipeline than 45 degrees.
acceptable.Notification will be given to Encroaching Party 3. Separation — All buried lines (except as specified
of approval to begin subject to any defined requirements. below)crossing any Company pipeline shall maintain a
2. PIPELINE COVER minimum vertical separation of 24 Inches, with the
Any change in the surface grade or elevation on or over same elevation depth carried across the entire
the pipeline and within Company's Easement Tract must Easement Tract.Any variance from the standards set
be approved in advance by the Company in a separate out in this Agreement requires written permission.
written agreement. 4. Warning Tape -As a protective measure for buried
3. TEMPORARY EQUIPMENT CROSSINGS,UNPAVED lines crossing Company's Easement Tract,vinyl direct
PRIVATE DRIVEWAYS buried warning tape (or mesh where required),
McMaster-Carr No.8288T12 or equal,shall be placed
A. Driveways and equipment crossings shall be installed at least 15 inches above the crossing line for the entire
with a minimum compacted cover over the carrier pipe, width of the Company pipeline Easement Tract.
as measured from the top of the driveway or crossing 5. Surface Markers,where reasonably feasible,shall be
surface to the top of the pipe.of 4.0 feet,and a minimum installed by the Encroaching Party on each side of
company's pipeline for each buried utility crossing of
of 3.0 feet in any adjoining drainage ditches,except that
company's pipeline and shall exhibit the type of utility
(1)if the pipeline to be crossed is used to transport a and the depth of the buried utility line crossing
highly volatile liquid, then the minimum cover in Company's pipeline.
drainage ditches must also be 4.0 feet,and(2)no heavy B. ELECTRICAL AND COMMUNICATION LINES
equipment or any loads with a gross weight in excess of (cable TV, telephone,etc.)
80,000 lbs.will be permitted to cross or operate over a 1. Code-Such lines shall be installed in accordance with
pipeline without additional written authorization from guidelines of the National Electric Safety Code(public
Company, utility power and light companies) or the National
after a Company engineer has been allowed
Electric Code(private power and light companies).
to analyze and calculate additional depth requirements 2. Crossing Requirements. Electrical, fiber optic, local
needed to protect the pipeline.The Encroaching Party service communication, long distance carrier
shall maintain the depth of cover across the full width of telephone, and utility cables should cross Magellan
the Easement Tract.Depth of cover shall be measured pipeline(s)with a minimum of 24-Inches of vertical
from top-of-pipe to top of road surface (or drainage separation. All such lines must be covered with a
ditch). Concrete Slab for the full width of the Easement Tract,
if requested by Magellan.If such lines have an exposed
B. Driveways and equipment crossings shall not run concentric neutral, a test point from the ground wire
lengthwise (parallel to pipeline) within the Easement shall be installed by the power company.
Tract and crossings of any pipeline must be at no 3. Crossing Requirements For Lines Going Over a
smaller angle to the pipeline than 45 degrees. Magellan Pipeline. In the event the electrical, fiber
C. Warning tape(or mesh where required),McMaster-Carr optic, local service communication, long distance
No. 8288T12 or equal, shall be placed by the carrier telephone, and utility cable crosses over a
Encroaching Party along the route of and at least 12 Magellan pipeline,such line shall be encased in red
inches above each Company pipeline for all portions of concrete across the full width of Magellan's
the pipeline that will be under any driveway or Easement Tract, unless a variance is granted by
equipment crossing, and such tape shall extend Magellan.
outward from the edges of the driveway or crossing a C. SEWER LINES,WATER LINES,DRAIN TILE and
minimum of 10 feet on each side. SPRINKLER SYSTEMS
4. EXCAVATION 1. Water and Sewer line crossings are limited to fully
A. Encroaching Party's plans for excavation and shoring enclosed, non-perforated lines (no perforated or
on the Easement Tract must be approved by Company open end septic lines allowed).
prior to Encroaching Party commencing any work and 2. Lawn Sprinkler system (or similar) lines and
must be in compliance with the Common Ground associated equipment and low-voltage power wire
Alliance Best Practices which can be found of the web installed over Company pipelines or on the
site: www.commonaroundalliance.com (see "Program Easement Tract shall be permitted only on the
Information'/ "Common Ground Best Practices"). condition that Encroaching Party assumes all risk
Excavation closer than 2.0 feet to any pipeline shall be for any damage and repair to such system.
done by hand until the pipeline is exposed and shall be
done only in the presence of a Company authorized 3. Septic systems are not permitted on the easement
representative. tract.
B. Any excavation of soil on the Easement Tract,shall not 4. Warning tape is not required for Sprinkler Systems
be performed without the Company's prior approval and or drain tile.
observation. D. METALLIC PIPE CROSSINGS
C. When using a backhoe or excavating equipment, Metallic pipe crossings may be permitted only after
Encroaching Party shall comply with the following: approval by Company's engineer. Prior to approval,
1. side cutting teeth must be removed from buckets Company may require the Encroaching Party to
participate with Company in a joint cathodic protection
2. bucket teeth shall be curled under each time it is interference survey.Company may then determine any
brought back into the ditch to reduce the chance of modifications needed to protect Company's Facilities
teeth contact to the pipe. and the Encroaching Party shall cooperate with
5. FENCES Company in the implementation of the modifications.
No fence shall be allowed to be constructed parallel closer 7. UTILITY POLES AND GUY ANCHORS
than ten (10) feet to any Company pipeline within the Utility poles and guy anchors may be placed no closer than
boundaries of Company's Easement Tract. No fence post twenty(20)feet to any Company pipeline.
shall be allowed to be within five(5)feet of any Company
pipeline or facility.
I ENCROACHMENT AGREEMENT(SHORT FORM) I 07—FORM-7035 I PIA MAGELLAN"
I Asset Integrity I 01/01/07 I Revision:3 I Page 3 of 7 I
Exhibit A
Addendum to Short Form Encroachment Agreement
BANDIMERE COMMUNITY PARK EXPANSION PROJECT
CHANHASSEN,CARVER COUNTY, MN
MPL#16-560(revised 6/21/2016)
1. An authorized City of Chanhassen,MN(Encroaching Party) representative signs
the attached Short Form Encroachment Agreement for the encroachments and presents
to Magellan Pipeline Company L.P.(Company)local Magellan representative, Howard
White @ 612-759-9452(or assigned Magellan representative)and to Cynthia Pierce at
cvnthia.oiercena.magellanlo.com prior to an construction activity.
2. The Bituminous Trail that is 26 feet wide and 9 inches thick on the east side of the
easement for a length of approximately 17 feet before reducing down to 12 feet wide and
9 inches and crossing the remainder of the Magellan Easement and Facilities.The
surface of the trail must provide a minimum vertical clearance of 4 feet from the top of
the Magellan Facilities
3. The Underground Service Lateral must be in non-conductive conduit and provide a
minimum vertical clearance of 2 feet from the surface of the conduit to the surface of
Magellan Facilities.
4. State One Call is conducted for actual location. Magellan representative is present for
any construction activity across the Magellan pipeline facility.
5. The Magellan"Warning"label is added to final construction plan sheet &the Magellan
pipeline is prominently displayed.
6. This Exhibit"A"Addendum to the Short Form Encroachment Agreement is incorporated
and adhered to by the City of Chanhassen and its contractors.
7. Encroachments are installed as outlined on attached Exhibit"B". Any modifications
must first be approved by Magellan.
8. The Magellan insurance requirements are adhered to, including Magellan being named
as an additional insured.
9. Heavy equipment crossing the pipeline is limited to areas that have been approved in
writing by Magellan. No equipment will be permitted to cross without written approval
from Magellan.A Magellan representative is required to be on site during the crossing to
confirm depth and location. In the event that the contractor requests equipment or
vehicles to cross the pipelines,stress calculations must be performed.
I ENCROACHMENT AGREEMENT(SHORT FORM) I 07-FORM-7035 I MAGELLAN-
I Asset Integrity I 01/01/07 I Revision:3 I Page 4 of 7 I ''' " ''""""' "' i
Exhibit B
Addendum to Short Form Encroachment Agreement
BANDIMERE COMMUNITY PARK EXPANSION PROJECT
CHANHASSEN, CARVER COUNTY,MN
MPL#16-560(revised 6/21/2016)
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I ENCROACHMENT AGREEMENT(SHORT FORM) I 07—FORM--7035 1 /�MAGELLAN
I Asset Integrity I 01/01/07 I Revision:3 I Pale 5 of 7 I ��
Exhibit B
Addendum to Short Form Encroachment Agreement
BANDIMERE COMMUNITY PARK EXPANSION PROJECT
CHANHASSEN, CARVER COUNTY, MN
MPL#16-560(revised 6/21/2016)
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ENCROACHMENT AGREEMENT(SHORT FORM) I 07—FORM-7035 I ►14 MAGEL LAN-
I Asset Integrity I 01/01/07 I Revision:3 I Page 6 of 7 I "
Exhibit C
Addendum to Short Form Encroachment Agreement
BANDIMERE COMMUNITY PARK EXPANSION PROJECT
CHANHASSEN,CARVER COUNTY,MN
MPS#16-560(revised 6/21/2016)
1. Insurance. Owner shall procure or cause its contractors and subcontractors to procure
and maintain in force throughout the entire term of this Agreement insurance coverage
described below with insurance companies acceptable to Magellan for work performed
related to the construction of the Approved Encroachments. All costs and deductible
amounts will be the responsibility and obligation of the Owner or its contractors and
subcontractors. Prior to commencing any activities related to the construction of the
Approved Encroachments,the Owner must deliver to Magellan certificate(s)of insurance,
naming Magellan Midstream Partners,L.P.and its Affiliates as an additional insured.
The limits set forth below are minimum limits and will not be construed to limit the Owner's
liability:
(a)Workers'Compensation insurance complying with the laws of the State or States having
jurisdiction over each employee and Employer's Liability insurance with limits of$1,000,000
per accident for bodily injury or disease.
(b)Commercial General Liability insurance on an occurrence form with a combined single
limit of$5,000,000 each occurrence;and for project specific,an annual aggregate of
$5,000,000. Coverage must include premises/operations, products/completed operations,
and sudden and accidental pollution. Magellan Midstream Partners,L.P.and its
Affiliates(hereinafter defined),and its and their respective directors,officers,partners,
members,shareholders,employees, agents,and contractors shall be included as additional
insureds. The term"Affiliate(s)"as used herein means,with respect to Magellan Midstream
Partners,L.P.,any individual,corporation, partnership,limited partnership, limited liability
company, limited liability partnership,firm,association,joint stock company,trust,
unincorporated organization,governmental body,or other entity(collectively,a"Person")
that directly, or indirectly,through one or more intermediaries,controls,or is controlled by,or
is under common control with Magellan Midstream Partners, L.P. The term"control"
(including the terms"controlled by'and"under common control with"),as used in the
previous sentence means the possession, directly or indirectly,of the power to direct or
cause the direction of the management and policies of Magellan Midstream Partners, L.P.or
such Person,as applicable,whether through ownership of voting stock,ownership interest
or securities,by contract,agreement or otherwise.
(c)The Sudden and Accidental Pollution can be a separate,stand alone policy,but must still
meet the$5,000,000 minimum limit requirement. If the coverage is written on a claims-
made policy form,the coverage must be maintained for two(2)years following completion of
the work activities related to the Approved Encroachments.
(d)In each of the above policies,the Owner or its contractors and subcontractors agrees to
waive and will require its insurers to waive any rights of subrogation or recovery either may
have against Magellan and its affiliated companies.
(e)Regardless of the insurance requirements above,the insolvency,bankruptcy,or failure of
any such insurance company providing insurance for the Owner or its contractors and
subcontractors,or the failure of any such insurance company to pay claims that occur,such
requirements, insolvency, bankruptcy or failure will not be held to waive any of the
provisions hereof.
(f)In the event of a loss or claim arising out of or in connection with the construction of the
Approved Encroachments,the Owner agrees,upon request of Magellan,to submit a
certified copy of its insurance policies for inspection by Magellan.
ENCROACHMENT AGREEMENT(SHORT FORM) I 07—FORM-7035 I 1�1MAGELLAN'
I Asset integrity I 01/01/07 I Revision:3 I Page 7 of 7 I "6"'""""""'""' `"
(g)The Owner shall require all of its contractors and subcontractors for work related to the
construction of the Approved Encroachments to provide adequate insurance coverage,all
to be endorsed with the Waiver of Subrogation wording referenced in Section(d)above;any
deficiency in the coverage, policy limits,or endorsements of said contractors and
subcontractors,shall be the sole responsibility of the Owner.
2. Damage or Loss. Owner covenants that:
(a) If at any time, any encroachments belonging to or permitted by Owner which are not
authorized by this or another written agreement("Other Encroachments")are found to be
on Magellan's Easement Tract, Magellan may at any time request Owner to remove such
Other Encroachments, and if Owner refuses or fails to do so within a reasonable time,
Magellan's may remove them from Magellan's Easement Tract to a location off of
Magellan's Easement Tract at Owner's expense, unless they are allowed to remain by a
written agreement between Magellan and Owner. Should such removal activities by
Magellan result in damage to or destruction of the Other Encroachments, then repair,
replacement or restoration of such Other Encroachments shall be at the sole cost and
responsibility of Owner,and such Other Encroachments may not be repaired, replaced or
rebuilt on Magellan's Easement Tract without a written agreement between Magellan and
Owner.
(b) If during the exercise of the rights granted by the Easement or by this Agreement,the
Approved Encroachments and Other Encroachments, if any, are damaged,destroyed or
suffer loss of value, Owner agrees to release Magellan, its affiliates, and its and their
respective directors, officers, members, partners, shareholders, employees, agents and
contractors from and against any and all liabilities, and damages or losses which may arise
as a result of the damage to or loss of use of the Approved Encroachments and Other
Encroachments, if any,caused by Magellan,its employees,agents and contractors.