2006-09-07err..,, .. ,. l 1
PLEASE TURN OFF ALL CELL PHONES & PAGERS IN COUNCIL CHAMBERS.
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AGENDA
SOUND HOUS'ING' & REDEVELOPMENT AUTHORITY. THURSDAY,; SEPT'7, 2006 -`6:10`PM ',
`SPECIAL MEETING OR UPON THE CONCLUSION OF
.. .. -
M4UND CITY COIJNCIL.CHAMBERS~ - >` THE.SEPT 7, 2006; 6:OO:PM CITY
COUNCIL MEETING
Page
1. Call meeting to order
2. Consideration and any necessary action on Mound Transit
District Project bids
3. Action on Resolution Approving Construction Permit No. 33-06 1-8
Between the Mound HRA and Hennepin County Regional
Railroad Authority (HCRRA) for site and construction activities
Associated with the Parking Deck and Other Related Improvements
In the Transit District
4. Adjourn
LJ
U
1
MOUND HOUSING AND REDEVELOPMENT AUTHORITY
• RESOLUTION 06-
RESOLUTION APPROVING CONSTRUCTION PERMIT NO. 33-06 BETWEEN THE
MOUND HOUSING AND REDEVELOPMENT AUTHORITY (HRA) AND HENNEPIN
COUNTY REGIONAL RAILROAD AUTHORITY (HCRRA) FOR SITE AND
CONSTRUCTION ACTIVITIES ASSOCIATED WITH THE PARKING DECK AND
OTHER RELATED IMPROVEMENTS IN THE TRANSIT DISTRICT
WHEREAS, as part of the Transit District parking deck project, a property exchange by
and between the City of Mound and the Hennepin County Regional Railroad Authority
(HCRRA) has been proposed; and
WHEREAS, the Exchange Agreement and Easement Agreement which outline the
property exchange between the City of Mound and the Hennepin County were
approved by the City Council on August 22, 2006; and
WHEREAS, the HCRRA has approved Construction Permit No. 33-06 for the Mound
HRA so as to allow site and construction related activities to commence prior to the
completion of the property transfer; and
WHEREAS, a copy of Construction Permit No. 03-06 is included as Exhibit A.
• NOW THEREFORE BE IT RESOLVED of the Housing and Redevelopment Authority
of the City of Mound, Minnesota as follows:
Construction Permit No. 33-06 between the City of Mound and the
Hennepin County Regional Railroad Authority be approved, in substantially
the form of Exhibit A, and shall be made subject to any and/or all additional
comments from the City Attorney.
2. The City Manager and Executive Director are authorized and directed to
execute the agreement on behalf of the City and to take all steps reasonably
necessary to carry out its objectives.
Adopted by the Mound HRA this 7t" day of September, 2006.
Chair Pat Meisel
Attest: City Clerk Bonnie Ritter
.7
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E
HENNEPIN COUNTY REGIONAL RAILROAD AUTHORITY
417 North Fifth Street, Suite 320, Minneapolis, MN 55401-1362 (612) 348-9260
FAX: (612) 348-9710
August 28, 2006
Re: Permit No. 33-06 for Construction Work at CSAH 15 in Mound
Sarah Smith
City of Mound
5341 Maywood Road
Mound, MN 55346
Dear Ms. Smith:
I have attached two copies of the above permits agreements. Please review the
agreements and, if you agree to the terms, have both copies signed by the proper
authority and return one copy to this office.
If you have any questions, please contact me at 612-348-9265. Thanks.
incerely,
`~. ~^--~
~,
i :`
John Tripp
Sr. Planning Analyst
Enclosures (2)
cc: Marcia Wilda, Leasing and Land Management
BOARD OF COMMISSIONEI
Peter McLaughlin Linda Koblick Mark Stenglein Gail Dorfman Mike Opat Randy Johnson Penny Steele
Chair Vice Chair Secretary Treasurer
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HENNEPIN COUNTY REGIONAL RAILROAD AUTHORITY
417 North Fifth Street, Suite 320, Minneapolis, MN 55401-1362 (612) 348-9260
FAX: (612) 348-9710
PERMIT
File No. 73-37520D
Permit No. 33-06
Name of Applicant City of Mound / Mound Housing and Redevelopment Authority, 5341
Maywood Road, Mound, Minnesota 55346, Permittee to: right of entry for removal of trees and
vegetation, construction of drainage pond and roadway, parking, storage of equipment and
materials, location of restored well house, environmental investigation and other work related to
construction Mound True Value /Transit District development, more or less as shown on
Exhibit J (Permitted Work1. The Permitted Work shall be at Permittee's sole cost, over, on or under
Hennepin County Regional Railroad Authority (HCRRA) property, described as (Permitted Property):
That part of the following described property:
All that portion of the Hennepin County Regional Railroad Authority (FKA Burlington
Northern Railroad Company and Dakota Rail, Inc.) station ground property at Mound..
• Minnesota and adiacent Branch Line right-of-way, as described in Exhibit A of Document
No. 7707059, and situated in the Southwest Quarter of the Southwest Quarter of Section
13, Township 117 North, Range 24 West, Hennepin County, Minnesota, bounded on the
west. by the plat of Mound Visions Addition; bounded on the north by a line drawn parallel
with and 150.00 feet north of said Main Track Centerline; bounded on the east by the
southwesterly right of way line of HCSAH No. 15, as described in Document no. 8446156;
and bounded on the south by a line drawn parallel with and 25 feet north of the following
described line:
Commencing at the southwest corner of the Southwest Quarter of
Section 13, Township 117 North Range 24 West. Hennepin County,
Minnesota: thence north, along the west line of said Southwest Quarter,
a distance of 799.63 feet to the point of beginning of the line to be
described: thence deflecting right 84 degrees 42 minutes 51 seconds a
distance of 810.00 feet and said line there terminating. as marked on
Exhibit K in pink.
Exhibit A and B are attached and incorporated by reference in this Permit.
GENERAL REQUIREMENTS
1. No work shall be started until Permit is approved and issued.
2. Permittee shall protect the work site, as necessary, with proper signs and barricades.
• BOARD OF COMMISSIONERS
Peter McLaughlin Linda Koblick Mark Stenglein Gail Dorfman Mike Opat Randy Johnson Penny Steele
Chair Vice Chair Secretary Treasurer
-3-
3. Permittee must notify HCRRA when work is scheduled to start, and after the work is complete
and ready for inspection.
4. Permittee shall not make changes in the use of this Permit without the permission of HCRRA.
5. If the improvement granted by this permit needs to be modified due to implementation of Light
Rail Transit or other transportation improvement, as determined by HCRRA, MnDOT or their
successors or assigns, then such modifications shall be at the expense of the Permittee.
6. Permittee is responsible to abide by all local, state or federal ordinances or regulations in the
exercise of the rights herein given.
7. Permittee shall restore all disturbed areas to original or better condition..
8. Permittee must protect all existing utilities, waterways and drainage.
9. Permittee shall not use, employ, store, dispose of, or otherwise use any hazardous substance or
pollutants or contaminants on HCRRA property.
10. The term of this Permit shall commence upon its execution and will be terminated effective at
which ever of the following two dates occurs first: a) 2400 hours on December 1, 2006, b) the
date and time certain land exchange and easement agreements, substantially as contained in
Exhibit L (Exchange Agreement 73-37520), Exhibit M (Easement Agreement 73-37521), and
Exhibit N (Quit Claim Deed conveying ownership of Permitted Property to City of Mound), are
approved and executed. Exhibits L, M, and N are attached and incorporated by reference in this
Permit.
11. The cost of this Permit shall be One and 001100 Dollars ($1.00).
SPECIAL PROVISIONS
1. Permittee and HCRRA acknowledge that the Permitted Work is being done by the
Permittee in anticipation of the Permittee and HCRRA entering into a more formal land
exchange and easement agreement wherein a portion of HCRRA's rail and other transit
corridor will be exchanged for City of Mound land/property creating a newly configured rail
and other transit corridor (Land Exchange), and wherein HCRRA will grant a temporary
easement to the City of Mound over a certain portion of the land HCRRA acquires for
farmers market purposes (Easement); said newly configured HCRRA corridor will maintain
HCRRA's rail and transit connections and uses; this Permit will terminate upon completion
of the Land Exchange, or at such earlier time as provided for in this Permit.
2. Permittee accepts said Permitted Property subject to the rights of any person, firm or
corporation, including HCRRA in and to any existing telephone, telegraph and/or other
wires, poles, underground cables, and facilities of any kind whatsoever, whether or not of
record, and should it, at any time, become necessary because of Permittee's use of the
Permitted Property to relocate any of said poles, wires or facilities by reason of this
permit, Permittee shall bear and pay the cost of so doing.
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• 3. Permittee accepts said Permitted Property subject to any want or failure at any time of
HCRRA's title to said Permitted Property or any part thereof and Permittee shall assume
any damages sustained by Permittee in connection therewith. Permittee also accepts
such Permitted Property subject to rights of any party, including HCRRA, in and to any
roadways, easements, leases and permits. Permittee agrees to provide to HCRRA or other
tenants of HCRRA access over and through the Permitted Property on these roadways and
easements should such access be deemed necessary by HCRRA. Permittee accepts said
Permitted Property subject to the right of HCRRA, its employees, agents, permittees,
lessees, and contractors when reasonably necessary to walk upon said Permitted
Properly to repair adjacent property and the right of HCRRA, its employees, agents,
permittees, lessees, and contractors to temporarily place equipment upon the property
when reasonably necessary for the purpose of maintaining, repairing, inspecting or
constructing upon HCRRA's property.
4. Permittee shall defend, indemnify and hold harmless HCRRA, its Commissioners, officers,
agents, and employees from any liability, claims, demands, personal injury, costs,
judgments, or expenses, including reasonable attorney's fees, resulting directly or
indirectly from an act or omission of Permittee, its agents, employees, customers,
invitees, subpermittees, permittees, lessees or other occupiers of the Permitted Property.
HCRRA shall not be liable to Permittee or those claiming by, through, or under Permittee
for any injury, death or property damage occurring in, on or about the Permitted Property
based upon the construction, operation or maintenance of the Permitted Property by
Permittee or any subpermittee, nor for the loss or damage by reason of the present or
future condition of repair of the Permitted Property, or for the loss or damage arising from
• the acts or omissions of Permittee, its agents, employees, customers, invitees,
subpermittees, permittees, lessees, or other occupiers of the Permitted Property.
5. In order to protect itself, as well as HCRRA under the indemnification provisions
hereinabove set forth, Permittee or Permittee's contractors, subcontractors or agents shall
purchase and maintain in force at all times during the term of this Permit the following
minimum insurance coverages applicable to the Permitted Property, affiliated activities,
and/or this Permit or other insurance acceptable to HCRRA:
Amounts
1. Commercial General Liability with the following
coverages and limits.
General Aggregate $1,000,000
Products-Completed Operations Aggregate 1,000,000
Personal and Advertising Injury Aggregate 1,000,000
Each Occurrence -Combined Bodily
Injury and Property Damage $1,000,000
2. Automobile Liability -Combined $1,000,000
single limit each occurrence coverage for bodily injury
and property damage covering owned, nonowned, and hired auto-
mobiles.
3. Workers' Compensation and Employer's Liability:
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a. Workers' Compensation. Statutory
If the contractor is based outside of the state of Minnesota,
coverage must apply to Minnesota laws.
b. Employer's Liability. Bodily injury by:
Accident -Each Accident
Disease -Policy Limit
Disease -Each Employee
$100,000
500,000
100,000
An umbrella or excess policy over primary liability coverages is an acceptable method to
provide the required insurance limits.
The above establishes minimum insurance requirements. It is the sole responsibility of
the Permittee to determine the need for and to procure additional coverage which may be
needed in connection with this Permitted Event. All insurance policies shall be open to
inspection by HCRRA. Copies of all required policies shall be submitted to HCRRA two
weeks prior to Permittee's entry upon the Permitted Property.
This Permit shall be valid when the Permittee has obtained required insurance and filed an
acceptable certificate of insurance, or certificate of self-insurance acceptable to HCRRA,
with HCRRA. The certificate shall name Hennepin County Regional Railroad Authority,
and the City of Mound as certificate holders and as an additional insured with respect to
operations covered under the Permit for all liability coverages except Workers'
Compensation and Employer's Liability.
6. Permittee shall not create or permit any condition of the Permitted Property that could
present a threat to human health or to the environment. Permittee shall bear the expense
of all practices or work, preventative, investigative or remedial, which may be required
because of any conditions of the Permitted Property introduced by Permittee,
subpermittees or invitees during Permittee's period of use, including conditions
introduced by Permittee, subpermittees, or invitees which affect other lands. Permittee
expressly agrees that the obligations it hereby assumes shall survive cancellation of this
Permit. Permittee agrees that statutory limitation periods on actions to enforce these
obligations shall not be deemed to commence until HCRRA discovers any such health or
environmental impairment, and Permittee hereby knowingly and voluntarily waives the
benefits of any shorter limitation period.
HCRRA shall have the right, but not the duty, to enter upon the Permitted Property from time
to time as set forth below to inspect the Permitted Property for environmental contamination
and in the course thereof to conduct soil and groundwater testing and to perform
environmental investigation, remediation or mitigation. HCRRA may enter the Permitted
Property during regular business hours of Permittee without prior notice, and may enter the
Permitted Property during periods other than regular business hours either with prior written
consent of Permittee or without if HCRRA reasonably believes that an emergency exists on
the Permitted Property. HCRRA shall conduct any such inspections or testing so as to
minimize interference with Permittee's operations. HCRRA's entry on to the Permitted
Property pursuant to this paragraph shall not relieve Permittee of its obligations under this
Permit.
_6_ 4
• Permittee may make any inspections, tests, audits or reviews of the physical condition of the
Permitted Property necessary for completion of the Mound True Value /Transit District
project, all at Permittee's sole cost and expense. Such inspections and tests may include,
without limitation, soil tests, soil borings, surveys, environmental audits, and other tests of
the Permitted Property ("Environmental Inspections"). If Permittee elects to abandon the
Land Exchange due to its Environmental Inspections, Permittee shall restore the Permitted
Properly to its prior condition, and such condition as is required to comply with all applicable
environmental regulations and laws. Permittee shall provide HCRRA with copies of all
reports and test results. Permittee agrees to indemnify, defend, and hold HCRRA harmless
from any and all actual out-of- pocket expenses incurred by HCRRA related to containing or
disposing of any contaminated materials released by such Inspections.
In exchange for the rights and privileges granted in this Permit, Permittee hereby agrees to
bear the expense of all practices or work, preventative, investigative or remedial
necessary to comply with all federal, state, local and other governmental statutes, rules
and regulations related to the Permitted Work, including without limitation, for slope
excavation and restoration purposes, regarding any hazardous waste, pollutant,
contaminant or petroleum-related material on the Permitted Property regardless of
whether or not the same was present on the Permitted Property before or after the
commencement of this Permit. Further, Permittee agrees to defend, indemnify and hold
harmless HCRRA, its Commissioners, officers, agents and employees from any liability,
claims, demands, personal injury, costs, judgments, or expenses, including reasonable
attorney's fees arising from exercise of the rights granted by this Permit and resulting
from the presence of any hazardous waste, pollutant, contaminant or petroleum-related
• material on the Permitted Property regardless of whether or not the same was present on
the Permitted Property before or after the commencement of this Permit. Permittee
expressly agrees that the obligations it hereby assumes shall survive cancellation and the
termination of this Permit.
7. Permittee accepts the Permitted Property in an "AS IS" condition with no express or
implied representations or warranties by HCRRA as to the physical condition or fitness or
suitability for any particular purpose, express or implied.
8. Permittee shall provide HCRRA upon request copies of all studies, reports and findings
resulting from environmental, geotechnical, survey and all other work conducted on the
Permitted Property related to the Van White Project.
This Permit is revocable at any time and at the sole discretion of HCRRA and without any compensation
to Permittee.
THIS PORTION OF PAGE INTENTIONALLY LEFT BLANK
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(I, We), the undersigned, herewith accept on behalf of Permittee the terms and conditions of the
regulations as laid down by HCRRA and agree to fully comply therewith to the satisfaction of HCRRA.
c
HCRRA
Acting Die or, Housing, Community Works
and Tran '
Permittee
Permittee
City of Mound
Mound Housing and Redevelopment Authority
Date ~'"v?~,~'
Date
Date
The signatory on behalf of Permittee certifies that the person who executed this Permit is authorized to do so on
behalf of the Permittee as required by applicable articles, bylaws, resolutions or ordinances.'`
"'Permittee shall submit applicable documentation (articles, bylaws, resolutions, or ordinances) that confirm the
signatory's delegation of authority. This documentation shall be submitted at the time Permittee returns the Permit
to the Authority, and prior to Permittee's entry upon the Permitted Premises.
THIS PORTION OF PAGE INTENTIONALLY LEFT BLANK
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