HomeMy WebLinkAbout2024-079CITY OF LAKE ELMO
WASHINGTON COUNTY
STATE OF MINNESOTA
WHEREAS, the City intends to construct improvements along Hudson Boulevard, from
Inwood Avenue to 1,400 feet east of Jade Trail, including the construction of a new bituminous
trail along the north boulevard, herein referred to as the "Project"; and
WHEREAS, a portion of the new trail adjacent to the intersection of Inwood Avenue
(CSAH 13) will be constructed within the right-of-way of Trunk Highway No. 94; and
WHEREAS, the State of Minnesota, Department of Transportation requires that the City
enter into a limited use permit for the trail; and
IT IS RESOLVED that the City of Lake Elmo enter into Limited Use Permit No. 8282-
0091 with the State of Minnesota, Department of Transportation for the following purposes:
To provide for maintenance and use by the City of Lake Elmo upon, along and adjacent to
Trunk Highway No. 94 and the limits of which are defined in said Limited Use Permit.
OF LAKE ELMO AS FOLLOWS; that the Mayor and the Utty Ulerk are authorized to execu
the Limited Use Permit and its amendments, and that the City of Lake Elmo enter into Limit
Use Permit No. 8282-0091 with the State of Minnesota, Department of Transportation for t
following purposes: I
Constructing, maintaining, and operating a nonmotorized trail within the right-of-way of
Trunk Highway No. 94.
Passed and duly adopted this day of June 2024, by the City Council of the City of Lake
Elmo, Minnesota.
Charles Cadenhead, May
I jfiehn�so , &Cy Clerk
DOCSOPENTA515\1\957948M -6/11/24
IGNINKINEWIN
I certify that the above Resolution is an accurate copy of the Resolution adopted by the City
Council (jf�the City of Lake Elmo, Minnesota at an authorized meeting held on the — I < $ 41 day
of — j(AA-?- --, 2024, as shown by the minutes of the meeting in my possession.
(91i at re)
Julie Johnson
Subscribed and sworn to before me this
V6 day of 2024
DOCSOPE1`+ TA515\11957948.v 1-6/11/24
C.S. 8282 (T.H. 94)
County of Washington
LUP # 8282-0091
Permittee: City of Lake Elmo
Expiration Date: 06/03/2034
Coop./Const. Agmt # N/A
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 Lake Elmo, ("Permittee"), to use the area within the right of way of Trunk Highway No. 94 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.
The Permittee's use of the Area is limited to only the constructing, maintaining and operating a
nonmotorized trail ("Facility") and the use thereof may be further limited by 23 C.F.R. 652 also
published as the Federal -Aid Policy Guide.
Final execution of this LUP is subject to review and concurrence by the Federal Highway
Administration (FHWA). Should such concurrence by FHWA be denied or rescinded, this LUP shall
be subject to cancellation as set forth in Section 1, TERM.
In addition, the following special provisions shall apply:
TERM. This LUP terminates at 11:59PM on 06/03/2034 ("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 term. Any extension of the LUP term will be
under the same terms and conditions in this LUP, provided:
LUP — Standardized LUP Form Page 1 of 6 LU1001 6/3/2024
(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.
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.
LUP — Standardized LUP Form Page 2 of 6 LU1001 6/3/2024
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 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 MnDOTs invoice.
LUP — Standardized LUP Form Page 3 of 6 LU1001 6/3/2024
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 account
of any work done or materials furnished by it or any of them under any agreement or any
amendment or supplement thereto.
LUP —Standardized LUP Form Page 4 of 6 LU1001 61312024
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
City of Lake Elmo
3880 Laverne Avenue N
Lake Elmo, MN 55042
and to MnDOT at:
State of Minnesota
Department of Transportation
Metro District Right of Way
1500 W. County Road B2
Roseville, MN 55113
The address to which notices are mailed may be changed by written notice given by either
party to the other.
14. INDEMNIFICATION AND RELEASE. 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, employees, the FHWA, and any successors
and assigns of the foregoing, from and against all claims, demands, and causes of action for
injury to or death of persons or loss of or damage to property (including Permittee's property)
occurring on the Area and Facility or arising out of or associated with Permittee's use and
occupancy of the Area and Facility, regardless of whether such injury, death, loss, or damage
(i) is caused in part by the negligence (but not the gross negligence or willful misconduct) of
MnDOT or (ii) is deemed to be the responsibility of MnDOT 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. Nothing in this LUP shall obligate
Permittee to indemnify or save MnDOT harmless from (a) any gross negligence or willful
misconduct of MnDOT or its employees, contractors, agents, or anyone for whom MnDOT is
legally responsible, or (b) any claims, demands or causes of action not arising out of or
associated with Permittee's occupancy or use of the Area and Facility.
Permittee hereby releases the State of Minnesota, its Commissioner of Transportation,
employees, the FHWA, and any successors and assigns of the foregoing, from and against all
claims, demands, suits, losses, costs, expenses, and causes of action for loss of or damages to
the Area and Facility or to Permittee's property on or about the Area and Facility, except when
such loss or damage is caused solely by the negligence of MnDOT or its employees,
contractors, agents, or anyone for whom MnDOT is legally responsible.
MnDOT's liability is subject to the Minnesota Tort Claims Act, Minn. Stat. §3.736 and other
applicable law.
LUP — Standardized LUP Form Page 5 of 6 LU1001 6/3/2024
MINNESOTA DEPARTMENT
[161211111
RECOMMENDED FOR APPROVAL
H1
District Engineer
Date
A w LOWWA 03 = H &N M U 1 a WX 10 W I
mmm=
WIM
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,
CITY OF LAKE ELMO
LUP — Standardized LUP Form Page 6 of 6 LU1001 6/12/2024
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