HomeMy WebLinkAboutResolution No. 079-23 - Resolution - Limited Use Permit for TH 52 with MNDoT for 75th St NW Park and Ride with Addendum
RESOLUTION
Adopting a Resolution Authorizing a Limited Use Permit Agreement with the State
of Minnesota, Department of Transportation for Trunk Highway No. 52 Related to
the 75th St NW Park and Ride – Project No. J2573.
WHEREAS, on December 7, 2020, the Common Council of the City of Rochester approved
the construction of the 75th St NW Park and Ride – Project No. J2573 as part of the six-
year Capital Improvement Program (CIP): and
WHEREAS, a Limited Use Permit agreement will provide for maintenance and use by the
City of Rochester upon, along, and adjacent to Trunk Highway No. 52 in support of the
development and construction of the 75th St NW Park and Ride; and
WHEREAS, the limits of maintenance and use are defined in said Limited Use Permit
included as an Addendum to this Resolution.
NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of Rochester
that the Council hereby authorizes the Limited Use Permit Agreement with the State of
Minnesota, Department of Transportation.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS __________ DAY OF _______________, 2023.
___________________________________
PRESIDENT OF SAID COMMON COUNCIL
ATTEST: __________________________
CITY CLERK
APPROVED THIS _____ DAY OF ______________________, 2023.
___________________________________
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
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Addendum
STATE OF MINNESOTA
DEPARTMENT OF
TRANSPORTATION
LIMITED USE PERMIT
C.S. 5508 (T.H. 52)
County of Olmsted
LUP # 5508-0058
Permittee: City of Rochester
Expiration Date: 02/01/2033
Coop./Const. Agmt #NA
In accordance with Minnesota Statutes Section 161.434, the State of Minnesota,
through its Commissioner of Transportation, (“MnDOT”), hereby grants a Limited Use
Permit (the “LUP”) to City of Rochester, (“Permittee”), to use the area within the right of
way of Trunk Highway No. 52 as shown in red on Exhibit "A", (the “Area”) attached
hereto and incorporated herein by reference. This Limited Use Permit is executed by
the Permittee pursuant to resolution, a certified copy of which is attached hereto as
Exhibit B.
Park and Ride Facility
The Permittee's use of the Area is limited to only the constructing, maintaining and
operating a Park and Ride Lot with necessary regulatory and informational signing
relating to the safe and proper utilization of the Park and Ride ("Facility").
In addition, the following special provisions shall apply:
SPECIAL PROVISIONS
1. TERM. This LUP terminates at 11:59PM on 02/01/2033 (“Expiration Date”)
subject to the right of cancellation by MnDOT, with or without cause, by giving
the Permittee ninety (90) days written notice of such cancellation. This LUP will
not be renewed except as provided below.
Provided this LUP has not expired or terminated, MnDOT may renew this LUP for
a period of up to ten (10) years, provided Permittee delivers to MnDOT, not later
than ninety (90) days prior to the Expiration Date, a written request to extend the
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term. Any extension of the LUP term will be under the same terms and conditions
in this LUP, provided:
(a) At the time of renewal, MnDOT will review the Facility and Area to ensure
the Facility and Area are compatible with the safe and efficient operation
of the highway and the Facility
and Area are in good condition and repair. If, in MnDOT’s sole
determination, modifications and repairs to the Facility and Area are needed,
Permittee will perform such work as outlined in writing in an amendment of
this LUP; and
(b) Permittee will provide to MnDOT a certified copy of the resolution from
the applicable governmental body authorizing the Permittee’s use of
the Facility and Area for the additional term.
If Permittee’s written request to extend the term is not timely given, the LUP will
expire on the Expiration Date.
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 of the claims released in this
paragraph.
2. REMOVAL. Upon the Expiration Date or earlier termination, at the Permittee’s
sole cost and expense Permittee will:
(a) Remove the Facility and restore the Area to a condition satisfactory to the
MnDOT District Engineer; and
(b) Surrender possession of the Area to MnDOT.
If, without MnDOT’s written consent, Permittee continues to occupy the Area after
the Expiration Date or earlier termination, Permittee will remain subject to all
conditions, provisions, and obligations of this LUP, and further, Permittee will pay
all costs and expenses, including attorney’s fees, in any action brought by MnDOT
to remove the Facility and the Permittee from the Area.
3. CONSTRUCTION. The construction, maintenance, and supervision of the Facility
shall be at no cost or expense to MnDOT.
Before construction of any kind, the plans for such construction shall be approved
in writing by the MnDOT's District Engineer. Approval in writing from MnDOT
District Engineer shall be required for any changes from the approved plan.
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The Permittee will construct the Facility at the location shown in the attached
Exhibit "A", and in accordance with MnDOT-approved plans and specifications.
Further, Permittee will construct the Facility using construction procedures
compatible with the safe and efficient operation of the highway.
Upon completion of the construction of the Facility, the Permittee shall restore all
disturbed slopes and ditches in such manner that drainage, erosion control and
aesthetics are perpetuated.
The Permittee shall preserve and protect all utilities located on the lands covered
by this LUP at no expense to MnDOT and it shall be the responsibility of the
Permittee to call the Gopher State One Call System at 1-800-252-1166 at least
48 hours prior to performing any excavation.
Any crossings of the Facility over the trunk highway shall be perpendicular to the
centerline of the highway and shall provide and ensure reasonable and adequate
stopping sight distance.
4. MAINTENANCE. Any and all maintenance of the Facility shall be provided by
the Permittee at its sole cost and expense, including, but not limited to, plowing
and removal of snow and installation and removal of regulatory signs. No signs
shall be placed on any MnDOT or other governmental agency sign post within
the Area. MnDOT will not mark obstacles for users on trunk highway right of
way.
5. USE. Other than as identified and approved by MnDOT, no permanent
structures or no advertising devices in any manner, form or size shall be
allowed on the Area. No commercial activities shall be allowed to operate upon
the Area.
Any use permitted by this LUP shall remain subordinate to the right of MnDOT to
use the property for highway and transportation purposes. This LUP does not
grant any interest whatsoever in land, nor does it establish a permanent park,
recreation area or wildlife or waterfowl refuge. No rights to relocation benefits are
established by this LUP.
This LUP is non-exclusive and is granted subject to the rights of others, including,
but not limited to public utilities which may occupy the Area.
6. APPLICABLE LAWS. This LUP does not release the Permittee from any liability
or obligation imposed by federal law, Minnesota Statutes, local ordinances, or
other agency regulations relating thereto and any necessary permits relating
thereto shall be applied for and obtained by the Permittee.
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
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subdivision having jurisdiction and authority in connection with said Area including
the Americans with Disabilities Act (“ADA”). If 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.
7. 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.
8. SAFETY. MnDOT shall retain the right to limit and/or restrict any activity,
including the parking of vehicles and assemblage of Facility users, on the highway
right of way over which this LUP is granted, so as to maintain the safety of both
the motoring public and Facility users.
9. ASSIGNMENT. No assignment of this LUP is allowed.
10. IN WRITING. Except for those which are set forth in this LUP, no
representations, warranties, or agreements have been made by MnDOT or
Permittee to one another with respect to this LUP.
11. ENVIRONMENTAL. The Permittee shall not dispose of any materials regulated
by any governmental or regulatory agency onto the ground, or into any body of
water, or into any container on the State’s right of way. In the event of spillage
of regulated materials, the Permittee shall notify in writing MnDOT’s District
Engineer and shall provide for cleanup of the spilled material and of materials
contaminated by the spillage in accordance with all applicable federal, state and
local laws and regulations, at the sole expense of the Permittee.
12. MECHANIC’S LIENS. The Permittee (for itself, its contractors, subcontractors,
its materialmen, and all other persons acting for, through or under it or any of
them), covenants that no laborers', mechanics', or materialmens' liens or other
liens or claims of any kind whatsoever shall be filed or maintained by it or by any
subcontractor, materialmen or other person or persons acting for, through or
under it or any of them against the work and/or against said lands, for or on
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account of any work done or materials furnished by it or any of them under any
agreement or any amendment or supplement thereto.
13. NOTICES. All notices which may be given, by either party to the other, will be
deemed to have been fully given when served personally on MnDOT or
Permittee or when made in writing addressed as follows: to Permittee at:
Mayor
Rochester City Hall
201 4th Street SE
Rochester, MN 55904-3708
and to MnDOT at:
State of Minnesota
Department of Transportation
District 6 Right of Way
2900 48th Street NW
Rochester, MN 55901-5848
The address to which notices are mailed may be changed by written notice given
by either party to the other.
14. INDEMNITY. Permittee shall indemnify, defend to the extent authorized by the
Minnesota Attorney General’s Office, hold harmless and release the State of
Minnesota, its Commissioner of Transportation and employees and any
successors and assigns of the foregoing, from and against:
(a) all claims, demands, and causes of action for injury to or death of persons
or loss of or damages to property (including Permittee's property) occurring on
the Facility or connected with Permittee's use and occupancy of the Area, except
when such injury, death, loss or damage is caused solely by the negligence of
State of Minnesota, but including those instances where the State of Minnesota
is deemed to be negligent because of its failure to supervise, inspect or control
the operations of Permittee or otherwise discover or prevent actions or operations
of Permittee giving rise to liability to any person;
(b) claims arising or resulting from the temporary or permanent termination
of Facility user rights on any portion of highway right of way over which this
LUP is granted;
(c) claims resulting from temporary or permanent changes in drainage
patterns resulting in flood damages;
(d) any laborers', mechanics', or material persons' liens or other liens or
claims of any kind whatsoever filed or maintained for or on account of any work
done or materials furnished; and
(e) any damages, testing costs and clean-up costs arising from
spillage of regulated materials attributable to the construction,
maintenance or operation of the Facility.
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CITY OF ROCHESTER
MINNESOTA DEPARTMENT
By
OF TRANSPORTATION
RECOMMENDED FOR APPROVAL
Its: Mayor
By:
Attest:
District Engineer
Date:
Its: City Clerk
APPROVED BY:
COMMISSIONER OF TRANSPORTATION
By: Director, Office of Land Management
Date
The Commissioner of Transportation by the
execution of this permit certifies that this permit is
necessary in the public interest and that the use
intended is for public purposes.
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