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515 Little Canada Road, Little Canada, MN 55117 -1600 <br />(612) 484 -2177 / FAX: (612) 484 -4538 <br />August 18, 1992 <br />Mr. Darrin Bergman <br />Technical Services Manager <br />St. Jude Medical <br />1 Lillehei Plaza <br />Little Canada, MN 55117 <br />RE: Status of Emergency Overflow Drainage System <br />Dear Darrin: <br />MAYOR <br />Raymond G. Hanson <br />COUNCIL <br />Beverly Scaize <br />Bill Blesener <br />Rick Collova <br />Jim LaVaile <br />ADMINISTRATOR <br />Joel R. Hanson <br />Please find enclosed a copy of the railroad crossing permit <br />from the Soo Line Railroad. This permit will govern the <br />placement of the pipe for the overflow outlet system. <br />I have two concerns with the agreement. The first concern <br />is in the second paragraph where it talks about the $1,200 <br />due in advance as rental for the permission to place the <br />pipe on the property. You will remember that this was to <br />be a one time charge payable in advance verses annual <br />on -going rental amounts. Mike Lynch, our City Engineer, <br />contacted Mr. David Drake at the Soo Line Railroad and <br />verified that this is a one time fee. The language in the <br />agreement does not clearly indicate this. We will address <br />this fact with our transmittal letter to the Soo Line <br />Railroad clarifying that it is in fact a one time fee. <br />This will be more expedient than asking them to re -draft <br />the agreement. <br />The other concern relates to the eleventh paragraph where <br />the Railroad has the right to terminate this agreement upon <br />30 days written notice. Mike Lynch also discussed this <br />with Mr. Drake and was informed that this language is in <br />every crossing permit they issue. In situations such as <br />this, a cancellation has not occurred that Mr. Drake was <br />aware of. He did say that cancellations had occurred where <br />permits had been issued in areas of railroad yards where <br />major activity can take place. I do not think it is likely <br />that we would be able to get this language modified. <br />Therefore, I recommend we execute this agreement as <br />presented. <br />Page 62 <br />