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LUP - Approved 10-5-18fr- }l8-o)- ml DEPARTMENT OF T RAN S PO RTAT I ON October 5, 20 18 George Bender, P. E. Assistant City Engineer City of Chanhassen 7700 Market Blvd Chanhassen, MN 55317 RE: C.S. 2701 (T.H. 5) c.s. 1oo2 (T H 5) LUP # 1002-0032 Dear Mr. Bender: Enclosed is a final executed original of the Limited Use Permit (LUP) for a Non-Motorized Recreational Trail. The final executed copy is for your permanent record. Prior to the performance of work an application for Miscellaneous Work on Trunk Highway Right of Way will be obtained through the Mn/DOT District Permit Office. lf you have any questions feel free to call me at 651-234-7585. Since Metro District Right of Way ''1500 W. County Road 82 Roseville, MN 551 13 rely, Dan E. Phelps Engineering Specialist Enclosures File Office Tel: 651 -234-7 5OO Fax: 651-234-7708 E -mail: Dan. Phelps@state.mn. us CITY OF CHAN! EECrr 'u -: 9cT | 2 20t8 ENGF{EEEtrr-G DEpT 1OCI STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION AMENDMENT OF LIMITED USE PERMIT #1 c.s.2701 cr.H. 5) c.s. 1002 (T.H. 5) Counties of Carver, Hennepin LUP # 't002-0032 Permittee: City of Chanhassen Term inates : 1 2124 12025 'Area" means the area within the Right of Way as otherwise defined the LUP. "Additional Area' means the area outlined in yellow on the attached Exhibit A amendment 1 (9 of 10) and (10 of 10). "Facility" is hereby amended to include the nonmotorized trail to be constructed on the Additional Area (9 of 10) and the existing nonmotorized trail previously constructed on the Area (10 of 10). 'Term' for the Additional Area means that period of time commencing on March 23, 2018 and terminating on the same date that the LUP terminates, December 24,2025. All other words and phrases, unless otherwise defined herein, have the meanings attributed to them in the LUP. ENGIN The State of Minnesota, Department of Transportation ("MnDOT") and the City of Chanhassen ('Permittee"), entered into Limited Use Permit No.1002-0032 ("LUP") involving the construction, maintenance and operation of a Facility as further described in the LUP. The parties desire to expand the existing trail with additional pages to the Exhibit A and update the existing provisions of the LUP, and the parties deem certain amendments terms and conditions mutually beneficial for effective continuation of said LUP. NOW THEREFORE MnDOT and Permittee agree as follows: (a) (b) (c) (d) (e) MnDOT hereby permits the Additional Area to Permittee, and Permittee accepts the permit of the Additional Area to have and to hold during the Term, on the same terms and conditions as are contained in the LUP, except as herein otherwise provided, and excepting the following: 1 . Effeclive on March 23,2018, MnDOT agrees to permit Permittee to construct, maintain and operate the Additional Area for an expansion of the nonmotorized trail in accordance with SPECIAL PROVISIONS ltem 3. CONSTRUCTION of the LUP. LuP-Amendment LUP Form Page'l of 3 LU'1013 6/'t4l2018 2018 1. ln this Amendment of Limited Use Permit: o(J20 2. Effective on March 23,2018 ExhibitA amendment 1(9of 10) and (10 of 10) are added to the Exhibit A set forth in the LUP. 3. Effective on March 23,2018, the Special Provision ltem 'l . TERM will have the following paragraph added: Permittee hereby voluntarily releases and waives any and all claims and causes of action for damages, costs, expenses, losses, fees and compensation arising from or related to any cancellation or termination of this LUP by MnDOT. Permittee agrees that it will not make or assert any claims for damages, costs, expenses, losses, fees and compensation based upon the existence, cancellation or termination of the LUP. Permittee agrees not to sue or institute any legal action against MnDOT based upon any ofthe claims released in this paragraph. 4. Effective on March 23, 2018, the SPECIAL PROVISIONS ltem 6. will have the following paragraph added: Permittee at its sole cost and expense, agrees to comply with, and provide and maintain the Area, Facilities in compliance with all applicable laws, rules, ordinances and regulations issued by any federal, state or local political subdivision having jurisdiction and authority in connection with said Area including the Americans with Disabilities Act ("ADA"). lf the Area and Facilities are not in compliance with the ADA or other applicable laws MnDOT may enter the Area and perform such obligation without liability to Permittee for any loss or damage to Permittee thereby incurred, and Permittee shall reimburse MnDOT for the cost thereof, plus 10% of such cost for overhead and supervision within 30 days of receipt of MnDOT's invoice. 5. Effective on March 23,2018, THE SPECIAL PROVISIONS ltem 7. CIVIL RIGHTS paragraph will be replaced with: CIVIL RIGHTS. The Permittee for itself, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree that in the event improvements are constructed, maintained, or otherwise operated on the Property described in this Limited Use Permit for a purpose for which a MnDOT activity, facility, or program is extended or for another purpose involving the provision of similar services or benefits, the Permittee will maintain and operate such improvements and services in compliance with all requirements imposed by the Acts and Regulations relative to nondiscrimination in federally-assisted programs of the United States Department of Transportation, Federal Highway Administration, (as may be amended) such that no person on the grounds of race, color, national origin, sex, age, disability, income-level, or limited English proficiency will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said improvements. 6. Except as specifically provided herein, the terms and conditions of the LUP are confirmed and continued in full force and effect. By this Amendment of Limited Use Permit #1 the additional Exhibit A pages 9 and 10, and the terms and conditions herein are incorporated into the LUP. LUP -Amendment LUP Form Page 2 of 3 LU10136t14t2018 MINNESOTA DEPARTMENT OF TRANSPORTATION RECOMMENDED FOR APPROVAL By: District Engineer Date b APPROVED BY: COMMISSIONER OF TRANSP By: PERMITTEE CITY OF CHANHASSEN Sig re [:H;\""^. r L.o..i#rh,,q.r--T., Title MayoL ,/ Date G -ao -[t' J N Signa Date b Di ocT t 2 2018 ENGII{EEEING DEP anagement i:*"nal (,.r[,ordt Title _City Manage Date (o -zo't$ r Signature Print Name Title Date of La o LUP - Amendment LUP Fom Page 3 of 3 1U1013 6/1412018 CITY OF CHANHASSEN CARVER AND HENI{EPIN COUNTIES, MIIYIIESOTA DATE:14,2015 RESOLUTIONNO:2015-79B MOTION BY: Tiornhom SECONDED BY: McDonald RESOLUTION APPROVING A LIMITED USE PERMIT WITH THE STATE OF MINI\ESOTA DEPARTMENT OF TRANSPORTATION FOR A PEDESTRHN TRAIL IN TIIE RIGHT. OF-WAY OF TH 5 FROM CSAH 17 TO THE CARVER/HEh{NEPIN COUNTY LINE WHEREAS' the City of Chanhassen is a political subdivision, organized and existing under the laws of the State of Minnesota; and WHEREAS, the Chanhassen City Council has approved a plan to construct a pedestrian trail in the right-of way of TH 5 to promote the orderly and safe crossing of the highway; and NOW, TIIEREFORE, BE IT RESOLVED by the City Council of the City of Chanhassen: To construct operate and maintain a pedestian tail within the right-of-way ofTH 5 from CSAH l7 to the Carver/Flennepin County Line of the State of Minnesota. The City of Chanhassen shall consfiuct, operate and maintain said tail in accordance with the Limited Use Permit granted by the Minnesota Departrnent of Transportation. NOW, TIDREFORE, BE IT FLIRTHER RESOLVED, that the Mayor and City Manager are authorized to execute the Limited Use Permit and any amendments to the Permit. Passed and adopted by the Chanhassen City Council this 146 day ofDecember,2015. dd Gerhardt, City Manager Denny La YES 1 Laufenburger Campion McDonald Ryan Tjomhom NO None ABSENT None r c EXHIBIT B WHEREAS, the State of Minnesota Deparunent of Transportation rcquiies a Limited Use Permit for the construction and utilization of said pedesfian tail. The City Council hereby enters into a Limited Use Pemrit with the State of Minnesota Deparfinent ofTransportation for the following purposes: CERTIFICATION STATE OF MINNESOTA ) )ss cotrNTY oF cARvER ) I, Kim T. Meuwissen, duly appointed and acting Deputy Clerk for the City of Chanhassen, Minnesota, do hereby certify that I have compared the foregoing copy of Resolution No.2018-34 "Approving an Amendment to the Limited Use Permit #1002- 0032 with the State of Minnesota Department of Transportation for a Panera Bread Pedestrian Trail Connection in the Right-of-Way of TH 5 Planning Case File No. 2018-02" adopted by the Chanhassen City Council on May 14, 2018 with the original copy now on file in my office and have found the same to be a true and correct copy thereof. Witness my hand and offrcial seal at Chanhassen, Minnesota, this 16th day of May,20l8. Kim M euwlssen,CI 0cr 1 20 r8 CTTY OF CHANHASSEN CARVER AIID EENNEPIN COI,]NTIES, MINIYESOTA Mav 14.l8 MOTION BY: McDonaH SECOITIDED BY:T hom RESOLUTION APPROVING AN AMENDMENT TOTIIE LIMITED USE PERMIT #IOO2-0032 WITH THE STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION FOR A PANERA BREAD PEDESTRIAN TRAIL CONNECTION IN THE RIGHT-OF.WAY OF TH 5 PLANMNG CASE FILE NO.2OT8.O2 WHEREAS, the City of Chanhassen is a political suMivision, organized and existing under the laws of the State of Minnesota; and WHEREAS, the Chanhassen City Council has approved a plan to consuuct a pedesEian trail in the right-of way of TH 5 to promote the orderly and safe crossing of the highway; and YYHER.EAS, Panera Bread would like to make a sidewalUtrail connection to said pedestrian trail in the right-of-way ofTH 5. NOW, TIIEREFORE, BE IT RESOLVED by the City Council of the City of Chanhassen: The City Council hereby approves Amendment #l to Limited Use Permit #1002-0032 with the State of Mimesota Departrnent of Transporation for fie following purposes: To make a sidewalUtrail connection to the pedestrian trail within the right-of-way ofTH 5 for Panera Bread, Planning Case File No. 201 &02. NOW, TIIEREFORE, BE IT FLTRTIIER RESOLYED that the Mayor and City Manager arc authorized to execurc Amendment # I to Limited Us€ Permit # I 002-0032 and any amendments to the Permit. Passed and adopted by the Chanhassen City Council this 146 day of May, 2018. ATTEST -hx-Gerlrardt, City Manager YES Denny Ma Denny Laufenburger Mcflonald Ijomhom Ry* NO DATE:RESOLUTIONNO: 201&34 WHEREAS, the Chanhassen City Council approved a resolution approving a Limited Use Permit (#1ffi2-0032) on December 14,2015 for the construction and utilization ofsaid pedestrian trail; and I ABSENT Campion