265653 W�H17E - CITY CLERK COl1I1C11 2�65s5�
PINK - FINANCE GITY OF SAINT PALIL
CANARV - DEPARTMENT
BLUET - MAYOR File NO.
� l Resolution
Presented By
Referred To Committee: Date
Out of Committee By Date
RESOLVED� That the Council of the City of Saint Paul hereby approves that
certain Agreement wherein it is indicated that the same was ma.de and entered
into the 15th day of April� 1975� by and between the Board of Water Commissioners
of the City of Saint Paul and the Metropolitan Waste Control Commission� and the
execution of which was heretofore authorized by the Board of Water Commissioners
of the City of Saint Paul on the 29th day of May� 1975� and directs the proper
City officers� on behalf of the City of Saint Paul� to execute such agreement.
COUNCILMEN Requested by Department of:
Yeas Nays
Christensen Board of Water Corrmlissioners
�[� In Favor
� J
Rcedler Against BY
Sylvester
ZX�X
Vice President� Tedesco �N � 9 ��J Form Approv i y A rney -
Adopted by Coun ' Date
Certified ss d Counc' ecretary� Y
B
Approve Mayor: ate Approved by Mayor for Submission to Council
By By
�Iql�tt ,�N Z 81975
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CITY OF ST. PAUL No._ � �
OFFICE OF THE BOARD OF 1NATER COMMISSIONERS
RESOLUTION—GENERAL FORM
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PRESENTED BY �'�� � �
COMMISSIONER - DATE
RESOLVEf�
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Water Commissioners
Adopted by the Board of Water Commissioners
Yeas Nays
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A G R E E M E N T
THIS AGRE�IENT� Made and entered into thfs day of �
1975, by and between the BOARD OF WATER COMh1ISSI0NERS of the City of Saint Paul�
Minnesota, party of the first part� hereinafter called the Board� and the METROPOLITAP:
WASTE CONTROL COMMISSION� a public agency with mailing address at 350 Metro Square
Building, St. Paul, Minnesota� 55101, paxty of the second part, hereinafter called
the AGENCY�
WITNESSETH:
WHEREAS, The Board heretofore has acquired and now is possessed of tit�e to
or easements in rights-of-way and other properties, hereinafter called Premises,
pursuant to the provisions of Chapter 110, Special Laws 1885� wherein it is provided
_ at Section 33, as follows: �
"In all cases where rights-of-way and easements have been or
may be hereafter acquired, either by purchase of title or by
condemnation, for the laying of any conduits, supply mains, or
other appliances or works for supplying water as contemplated
in this act, such rights-of-way and easements shall be p�ramount,
and neither said City of St. Paul nor said County of Ramsey nor
other county or municipal body or corporation, or other corpora-
tion or person shall thereon, use or occupy the same for any
purpose other than said purpose for which said right-of-way or
easement was or may be acquired as aforesaid except with the
consent of said Board, and upon such terms and in such manner
as may be agreed upon with said Board of Water Co�nissioners
- and said Boazd of Water Commissioners is hereby authorized to
make and enter into any agreement in that behalf which it may
deem necessary and expedient��. -
and�
WHEREAS� The Board has installed and now maintains and carries out other �
necessary operations in respect of essential and indispensable features of its
public waterworks system, hereinafter called waterworks� fnclusive of but not
necessarily limited to water conduits and pipes together with valves� vents�
hydrants� roads, drainage ways and works and other features appurtenant or ancillary .
thereto� all of which are located within said Premises; and�
WHEREAS, The Board hitherto has permitted others to install other works and
utilities within said Premises, the same being inclusive of but not necessarily
limited to electric power lines, telephone lines, public roads and private driveways ,
and to maintain and carry out necessary other operations in respect of said other
works and utilities thus located within said Premises; and,
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WHEREAS, The Agency desires permission to enter upon said Premises and to
therewitl�in install, maintain and carry out other necessary operations in respect of
the Agency's public sewer system and related works, hereinafter called st+wer system;
and�
WHEREAS� The Board is willing to grant said permission to the Agency consistent
with the requirement and safety of said waterworks or other improvements of the Board
� or the City of Saint Paul now or in future located or to be located or relocated
within said Premises.
NOW� THEREFORE� IT IS MUTUALLY AGREED By and between the parties hereto� as
follows:
That, in consideration of the mutual promises and agreements of the parties hereto,
the Board hereby grants to the Agency� permission to enter upon the necessary portions
of said Premises and to use the same jointly with the Board and the Board's grantees,
invitees and permittees, for the purposes aforesaid� subject to the following terms
and conditions� to-wit: -
1) Wherever the word Agency appears herein, it shall mean and include the said
Metropolitan Waste Control Commission, its� agents and employees; and wherever �
the word Board appears herein it shall mean and include said Board of Water
Coc�nissioners and the agents and employees of said Board; and ,wherever the words
City of Saint Paul or word or words of similar import appear herein the same
shall be deemed to mean and include the City of Saint Paul and its agents and
employees.
2) With relation to the installation� construction and maintenance of or operations
in respect of said sewer system or portion thereof located within or adjacent
to said Premises, anything not herein explicitly provided to be furnished, done
or paid for by the Board shall be furnished� done and paid for by the Agency.
3) The Board reserves unto itself its rights to install any additional works the
Board might deem desirable or necessary also the right to alter, extend,
relocate or remove its works or portions thereof now or in future located
within said Premises or adjacent thereto and to maintain and carry out all its
operations in respect of its works now or in future located or relocated there-
within; also, the right to permit the continued existence, maintenance and
necessary operations in respect of any duly authorized works of others heretofore
installed within said Premises and from time to time in future to authorize
others to otherwise use said Premises and to therewithin install� maintain and
operate other facilities or works in kind, manner and extent not inconsistent
with uses of said Premises hereby pe nnitted to the Agency; also, the right at
ariy time or times to relinquish or dispose of title or any appurtenances of title
to all or any portion or part of said Premises.
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4) In respect of said sewer system and features ancillary thereto and the
installation� maintenance and other operations in respect thereof� the Agency
shall comply with all valid and applicable laws� ordinances� codes and
regulations and shall take out� maintain and pay for all necessary licenses
and permits.
5) The Agency shall and does hereby agree to pay when due and before they become
delinquent, any and all valid taxes and assessrnents, if any there ever be
levied against said Premises or portion thereof or against any other lands
or properties of the Board or the City of Saint Paul by any reason in respect
of any said sewer system or related works of the Agency now or in future
located or to be located within said Premises.
6) It shall be the responsibility of the Agency to determine for themselves and
to their own satisfaction and need with respect to any and all portions of said
Premises wherein they desire and propose to locate any said sewer system or
related works, the character of the soils and sub-surface� also, the drainage
and drainage works as well as the position, size� construction and other
necessary information in respect of works of the Board or others, if any there
be located within said Premises. Any explorations necessary to be made within
said Premises for purposes related to determining and developing the above
information shall be made only on and according to the written permission of
the Board�s engineer.
7) The Board shall not be under any obligation or responsibility to act as
engineer-consultant to the Agency in any manner related to said sewer system
or portion thereof located within said Premises or adjacent thereto or to any
operations in respect of said sewer system, wherever located� or to act as ,
inspector and report to said Agency or to any others either as to any defect
or failure� hazard or inadequacy or otherwise relative to said sewer system
' or portion thereof or as to the construction� maintenance br other operations
in respect of the same; any actual or implied approval by the Board or its
representative in respect of any proposed or actual construction, maintenance
or other operations in respect of said sewer system or portion thereof shall
not serve either to alter�or extinguish or to otherwise affect the responsibi-
lity, obligation or liability of the Agency in this.
8) It is understood and hereby agreed by and between the parties hereto that any
plans or data supplied by the Board or its engineer in respect of but not
necessarily limited to works of the Board or of others located within or
adjacent to said Premises are approximations only and that the Board explicitly
does not pretend or guarantee any said plans or data to be either complete or
correct.
9) The Agency shall and hereby does accept and assume all responsibility for and
all risk of damage to and loss or destruction of its said sewer system or
portion thereof located within, upon, under, across or adjacent to said Premises,
except for negligence of the Board.
10) The use of explosives of any kind or for any purpose whatsoever within said
Premises� ammunition in hand-held impact-driver type tools included� is
expressly prohibited and not permitted to the Agency or their contractors.
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11) In any excavation made by the Agency or its contractor, the open cut method
may be used, generally, when the excavation and resulting disturbance of the
ground is at no place nearer than 20 feet to any works of the Board or feature
or portion thereof, wherever and whenever in the opinion of the Board�s enginer,
this appears practical, all things considered; but, wherever any said excavat-
ions are made or authorized to be made or resulting disturbance of the ground
occurs at nearer than 20 feet to any feature or portion of any works of the
Board, then and in such case the ground shall be supported and held in place by
means of adequate, properly braced and driven sheeting.
12) A complete set of plans and specifications or directions for any said sewer
system or portion thereof proposed to be located within or adjacent to said
Premises, each bearing the certificate and seal of a Professional Engineer duly
registered in the State of Minnesota, shall be submitted to the Board or its
engineer well in advance of the time proposed for cot�nencing construction thereof.
The Board shall have an adequate period in which to examine and review the plans
and specifications submitted by the Agency and to reply to the Agency with respect
to its view as to adequacy or inadequacy of the plans and specifications. Neither
the Agency nor their contractor shall commence any of the work of construction,
extension, major repair or any alteration or removal of said sewer system or
any portion thereof except or until complete plans and specifications or direct-
ions therefor bearing approval, in writing, by the Board�s engineer have been
returned to the Agency for their engineer representative; and, in reasonable
time following completion of the installation of any unit of said sewer system
within said Premises, the Agency shall furnish and deliver one set of "as built"
plans thereof to the Board.
13) The Agency shall maintain and keep all portions of said Premises it occupies or
uses in good condition free from litter or other objectionable matter resultirng
from the Agency�s operations; and, if and on termination of this permission shall
restore said Premises or portions thereof which they have vacated to their former
state or as near so as practicable.
14) The Board shall have the option and authority of also assigning an inspector or
inspectors to the site at ,any time or times and for such periods of time as the
Board or its engineer deems it necessary or expedient for the safety and protect-
ion of employees or works of the Board or of other persons or property whomsoever
or whatsoever because of any condition arising out of said sewer system or from
acts or operations of the Agency or their contractor in the construction, maint-
enance or other operations in respect of said sewer systems or portion thereof
located within said Premises; and the Agency agree to promptly reimburse the
Board on its written demand therein for all reasonable cost and expense thereby
incurred by the Board.
15) The Agency shall defend and fully indemriify, save and hold harmless the Board
and the City of Saint Paul and their agents and employees while in the perform-
ance of their duties� against all liability� claims� demands and actions or
cause of action, of whatsoever character and shall promptly pay and satisfy any
and all valid claims and all �udgments, costs and expense, �ost of defense
included� arising out of loss of or damage to property or injury to or death of
person whatsoever or whomsoever by reason of or alleged to have been caused by,
resulting from or growing out of, directly or indirectly, said sewer system or
portion thereof located within or adjacent to said Premises or because of the
design� construction, maintenance, alteration� repair� removal or other operat- �
iqns in respect of said sewer system or portion thereof located within or
adjacent to said Premises� except where said loss or damage� injury or death is
caused by negligence of the Board.
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16) Prior to and all during the time or times of any construction� maintenance, or
ott�er operations in respect of said sewer system or portion thereof located
within said Premises or of any major modification� repair or removal of samc or
portion thereof� the Agency and its� contractor or contractors therefor shall
take out and keep in force, at all times and without lapse, comprehensive protect-
ive public liability insurance for and in behalf of said Agency and for the Board
and the City of Saint Paul wherein the Board and the City of Saint Paul are named
coinsureds under a contractual liability endorsement� which policy would protect
the Board, the City of Saint Paul and the Agency and their contractors and
subcontractors therein from claims for damages and bodily injuries, including
accidental death, as well as from claims for property damage of any kind whatso-
ever or wheresoever located which at any time might arise by any reason whatso-
ever because said sewer system or the installation� maintenance� repair, removal�
use or other operations in respect of said sewer system or portion thereof at any
time located within said Premises, whether such operations be by the Agency or
by any contractor or subcontractor engaged by said Agency or by anyone directly
or indirectly employed by either of them.
The minimum amounts of such public liability insurance shall be as follows:
Bodily injury� including death� in an amount of not less than
$250�000.00 and all damages arising out of bodily injuries to
or death of one person, and, subject to the same limit for each
person in a total amount of not less than $500�000.00 on account
of any one accident.
Property damage insurance in an amount of not less than $150,000.00
for all damages to or destruction of property in any one accident
and subject to that limit per accident; and� further subje�t to
a total of not less than $200,000.00 for all damages to or destruc- �
tion of property during the policy period.
Said insurance shall include the provision it cannot be altered or cancelled
except on thirty days written notice to the Board; it shall meet with the
approval of the Corporation Counsel of the City of Saint Paul as to form and
the insurers or sureties thereof or thereon shall meet with the approval of
the Coctunissioner of Finance of the City of Saint Paul. Adequate acceptable
written proof of said insurance shall be delivered to the Board well in advance
of the time contemplated for commencing any operations pursuant to this agree-
ment and no said operations shall be commenced� carried on� continued for
permitted except after the Board has given said Agency its written approval of
said insurance and said insurance thus approved is in force and effect.
17) Should the Agency determine to discontinue the use of said sewer and fail to
remove their said sewer system therefrom or otherwise remain in occupancy or
possession of said Premises if and after tennination of this permission� such
possession or occupancy� however long continued� shall not be construed to be
a renewal of this permission and may be terminated at any time upon 30 days
notice� in writing� to the Agency.
18) The decision given by the Board�s engineer in any case as elsewhere herein
provided shall be final and not subject to review or reversal by others than
the Board.
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19) The Bo�rd hereby grants to the Agency permission to enter upon the Board�s
approximate 275 feet right-of-way located in the Southeast one-quarter (SE'y)
of Section Thirty One (31) Range Twenty 'Itao (22) North� Ramsey County� and
therewithin to install, maintain and carry out all the necessary operations in
respect to a 36-inch Reinforced Concrete Pipe.
Of the approximate 275 feet of right-of-way� 100 lineal feet will be by the
Jacking Method, 20 additional feet will be a sheeted Jacking Pit located on the
East side of the 90-inch Conduits.
Said sewer system shall be located and built along a line lying approximately
15 feet South and parallel to the Southerly line of Country Drive across the
Boardts right-of-way in the City of Little Canada� conformable to the plans and
specifications as prepared by Milner W. Carly & Associates entitled "Project 71-32�
Little Canada-Shoreview Interceptor Sewer"� print of sheet 8 of said plans attached
hereto and by this reference is incorporated herein� the same as set forth herein�
verbatim.
20) The Agency may make application to the Board at any time or from time to time in
future for permission to install and carry out other necessary operations in
respect of other of their said sewer system proposed to be located within prop-
erties of the Board� individual service pipes included. The Board may grant any
additional said permission in whole or in part and subject to whatever reasonable
terms and conditions it might deem desirable, or it may refuse the additional '
said permission with or without explanation to the Agency. The grant of any
additional such permissions, if any there be� shall be by addenda hereto duly �
approved by and executed in behalf of the respective parties.
' 21) Except in case of an emergency requiring immediate action to safeguard persons
or property� the Agency shall have no right� after it has installed said sewer
system or portion thereof within said Premises� to therewithin make or locate
any additional installation or works for any purpose whatsoever except with and
according to written permission of the Board or its engineer.
In case of emergency as defined in the sentence next preceding, the Agency shall
immediately notify the Board�s engineer and take all necessary reasonable safety
measures to protect the public and the employees of the Board as well as said
Premises and said waterworks therewithin located and shall cooperate fully with
the Board�s engineer, to that end.
22) Nothing herein shall preclude either of the parties hereto from exercising such
right of eminent domain as either may have pursuant to applicable law.
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This Agreement is made and executed pursuant to and undei tt�e authority
nt a t-t�solution adopted by the Board of Water Cocrunissioners of the City of Saint Paui
the day of � 1975, and of a resolution of the City Council
of the Ci[y of Saint Paul� C. F. No. � approved on the day of
� 1975� and of a resolution adopted by the Metropolitan Waste
Control Commission on the day of , .1975, certified copies
of said resolutions being annexed hereto and by this reference incorporated in and
made part hereof the same as if set forth herein verbatim.
IN WITNESS WHEREOF� The parties hereto have executed these presents in
triplicate the day and year first above written.
BOARD OF WATER CO1�iISSIONERS OF
WITNESSES: THE CITY OF SAINT PAUL� MINNESOTA
By �
Leonard W. Levine� President
�
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Secretary
APPROVED: METROPOLITAN WASTE CONTROL COMMISSION
_= �m � By
E mer A. Huset� General Man ger Joseph D. Strauss� Chairman
By
Richard J. Dougherty� Chief Administrator
Approved as to Form: COUNTERSIGNED:
Assistant City Attorney Roger A. Mattson� Director of Finance
and Management Services
Lawrence D. Cohen� Mayor
Approved as to Form and Execution
this day of � 1975
Assistant City Attorney
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