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HomeMy WebLinkAboutRES 82-024 RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE THE AGREEMENT BETWEEN SUNSET MEMORIAL PARK ASSSOCIATION , IN. AND THE CITY OF ST. ANTHONY Meeting Sheet IIIIIIVIIIVIIIVIIIVIIIVIIIIIIIIIII 102596 Box: 23 Folder: RES 1982 Document: RES 82-024 RESOLUTION AUTHORIZING THE MAYOR AND CIN MANAGER TO EXECUTE THE AGREEMENT BETWEEN SUNSET MEMORIAL PARK ASSSOCIATION , IN. AND THE CITY Of ST. ANTHONY i RESOLUTION 82-024 • A RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE THE AGREEMENT BETWEEN SUNSET MEMORIAL PARK ASSOCIATION, INC. AND THE -CITY OF ST. ANTHONY WHEREAS , the City of St. Anthony has..approved .the reconstruction/ replacement of. the St. Anthony. Boulevard .Bridge. over the Burlington Northern railroad tracks in St. . Anthony; and WHEREAS, Sunset Memorial Park is the owner of the land on each side of' the right-of-way of St. Anthony Boulevard in the vicinity of the Bridge; and WHEREAS, Sunset Memorial Park has requested the right to construct, use and maintain a private roadway under the Bridge. NOW, THEREFORE, BE IT RESOLVED, that the Mayor and City Manager are authorized to execute the Agreement between Sunset Memorial Park Association, Inc. and the City- of St. Anthony on behalf of the City of St. Anthony. Adopted this' day. of rn u 1982 . Mayor ATTEST: s City Clerk `, Reviewed. .for administration: City Manager • • AGREEMENT THIS AGREEMENT, made and entered into as of 1982, by and between the CITY OF ST. ANTHONY, a municipal corporation under the laws of the State of Minnesota ( "St. Anthony" ) and SUNSET MEMORIAL PARK ASSOCIATION, INC. , a Minnesota corporation ( "Sunset" ) , WITNESSETH THAT, WHEREAS: A. St . Anthony is in the process of reconstructing the previously existing bridge on St . Anthony Boulevard over the railroad right-of-way -of the Burlington Northern Railroad ( the "Bridge" ) . B. Sunset is the owner of the land on each side of the right-of=way of St_ Anthony Boulevard in the vicinity of the Bridge, which land is used for cemetery purposes . C. Sunset has requested the right to construct a private roadway under the Bridge adjacent to the Railroad- right-of-way and crossing the right-of-way of St . Anthony Boulevard . D. The parties hereto wish to set forth in writing their agreements and understandings relating to the construction and maintenance of the private roadway. NOW, THEREFORE, in consideration of the foregoing premises and in consideration of the mutual covenants and • agreements herein contained, Sunset and St . Anthony hereby agree as follows : 1 . St . Anthony hereby grants to Sunset the right to construct , use and maintain a private roadway ( "Roadway" ) under the Bridge in accordance with the terms of this agreement. The right herein granted shall be deemed a license or permit and shall 'not be 'deemed to be a perpetual easement. The right to use and maintain the Roadway shall continue for so long as the Bridge remains as constructed and so long as the Roadway does not interfer with use of the public right-of-way. St. Anthony shall have the right to require Sunset to remove or relocate the Roadway in the event of any alteration or • removal of the Bridge, or any change in the use of the public right-of-way in which the Bridge is located , or any default by Sunset under this agreement which is not cured within 30 days after written notice thereof from St . Anthony to Sunset . 2. Sunset shall ,' at its own expense , furnish all labor , materials and equipment . necessary for construction of the Roadway and for the other improvements which are the responsibility of Sunset under this agreement. The , work to be performed by Sunset ( "Work" ) shal l include any retaining walls , guardrails, fences , or other structures , devices , or improvements necessary for the proper -2- • construction and safe use of the Roadway and such guardrails, fences, or other structures , devices or improvements necessary for closing the existing entryways located adjacent to the traffic island at the intersection of St . Anthony Boulevard and Minnesota State Trunk Highway No. 88. No Work shall be commenced by Sunset prior to approval by St . Anthony of the plans and specifications for the Work and approval by St. Anthony of the contractor- selected to perform the Work. The Work shall thereafter be performed in accordance with the engineering plans and specifications approved by St . Anthony, and shall be subject to the inspection and approval of Short-Elliott-Hendrickson ( the "Engineers" ) . • 3. No portion of the Work shall be commenced except at the direction of St . Anthony. Al-1 of . the Work shall be completed in accordance with a schedule approved- by St . Anthony and without any interference with or disruption of the construction of the Bridge. The construction of the Roadway shall be coordinated with the construction of the Bridge under the direction of St . Anthony and through coordination-. and supervision by the Engineers . 4. All of the Work shall be completed by Sunset at its sole expense and without expense. to St . Anthony . All costs of engineering , labor , and materials -3- • attributable to the Work shall be paid directly by Sunset, or to the extent paid by St . Anthony shall be reimbursed by Sunset. Sunset shall reimburse the City for all administrative , engineering and legal - costs incurred by the -City with respect to the Work and in connection with the preparation, administration and performance of this agreement . 5. Sunset shall maintain the . Roadway and shall keep it free of snow and ice and in a safe and usable condition. Sunset shall also be responsible for all costs in connection with the maintenance of any retaining walls , safety devices , guardrails, fences or other parts of the Work . To the extent that Sunset fails to properly • maintain the Roadway and such appurtenances in accordance with the terms of this agreement, St . Anthony may give 'Sunset written notice of its failure to do so, and upon failure of Sunset to correct the defective condition within 30 days after such notice , St . Anthony may either terminate this agreement or correct the defective condition and bill Sunset for the cost thereof. In the event Sunset fails to reimburse St . Anthony for such expenses , the same may be assessed against the land owned by Sunset. Sunset shall also be responsible for any costs of repairing or maintaining the Bridge or its supporting structure for damage resulting from use of the Roadway. -4- The Roadway shall be maintained in a manner, such that .no snow, gravel or debris is' deposited by Sunset on the adjacent railroad right-of-way, and such that there is no adverse effect by .reason. of drainage onto the adjacent railroad right-of-way. 6. St . Anthony, the St . Anthony City Council , and the agents and employees of St . Anthony, shall not be liable or responsible in any manner to Sunset, Sunset' s contractors of subcontractors , or to any other person, firm or corporation, for any debt, claim, demand , damages , or actions of any kind or character arising out- of the execution of this . agreement, the performance of the Work , or the use or maintenance of the Roadway: Sunset will • hold St . Anthony, the St. Anthony City Council , and the agents , officers and employees of. St . Anthony harmless from, and will indemnify them. against , any and all claims, damages, demands or actions arising out of the execution of this agreement, the performance of the Work, or the use or maintenance of the Roadway; including without limitation all claims , damages , demands or actions brought by Burlington Northern, Inc. , its successors or assigns , in connection with the operation and use of the railroad right-of-way adjacent to the roadway and/or the rights of Burlington Northern , Inc . , its successors or assigns, _ under the Construction and Maintenance Agreement with • -5- • St . Anthony dated May 1 , 1981, a copy of which has been provided to Sunset . 7. The use of the Roadway shall be limited to use for cemetery purposes, .and Sunset agrees that the Roadway shall not be used as a public street or for commercial or industrial purposes other than private cemetery purposes . . Sunset shall not grant any easements , over the Roadway to any other person, firm or corporation. The Roadway may be used only in a manner which will not jeopardize or effect the use of the Bridge and in a manner which will not be detrimental to the use of the adjacent railroad right-of-way. 8. Sunset agrees that upon completion of the • Roadway it shall execute an appropriate document or documents- in recordable form in connection with the closing of the existing. access .points at the intersection of St . Anthony Boulevard and Minnesota State Trunk Highway No. 88 to restrict such right of access so long as this agreement is in effect . 9. This agreement shall be binding upon and inure to the benefit of the parties and their respective successors and assigns; provided , however , that Sunset shall not assign any rights under this agreement without the prior written consent of St . Anthony. -6- • IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed as of the day and year first above written. CITY ST. ANT ONY B R bert Su land, Mayor And rn,ws, David M. Childs, Manager SUNSET MEMORIAL PARK ASSOCIATION, INC. BY - - I t • And Its -7-