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01-921��1C1�i�L RESOLUTION Presented By Referred to CITY council File # Ol— �'et� Green Sheet # �\3 a�1-�J� PAUL, MINNESOTA as Committee: Date 1 WHEREAS, the City of Saint Paul is constructing new soccer fields at the McDonough 2 Recreation Center, and 3 WI�REAS, the McDonough Recreation Center site abuts State of Minnesota Trunk 4 Highway 35E right-of-way at Wheelock Parkway and L'Orient Street, and 5 WHEREAS, the McDonou�t Recreation Center soccer field project includes construcrion 6 of a pedestrian pathway along L'Orient Street to replace an existing pathway, and 7 WHEREAS, construction of said pathway will take place in part on State of Minnesota 8 right-of-way, thereby necessitating a State of Minnesota Limited Use Permit in order to 9 construct, operate and maintain said pathway within State of Minnesota right-of-way l0 NOW THEREFORE BE IT RESOLVED, by Council of the City o£ Saint Paul that the 11 Mayor and the proper City officials are hereby authorized and directed to enter into an agreement 12 with the State of Minnesota Department of Transportation prescribing the terms and condirions 13 of said Limited Use Permit substantially as set forth in the "State of Minnesota Department of 14 Transportation Limited Use PermiY' attached hereto and incorporated herein by reference. Requested by: Division of Parks and Recreation By: V� � G�"�-- Adopted by Council: Date ��O O� Adoption Certified by Council Secretary BY � .. - � . � �l.+i'ti-�'�� Approved by Mayor: Date:�� By: Form Approved by City Attorney By: c� Approved by ayor for Submission to CouncilC�� / `•�%�� By: DEPARTMENT/OFFICE/COUNCIL DATEINITIATEO GREEN SHEET NO. 113237 Parks and Recreation Aug 9, 2001 p �� CANTACTPERSONANDPHONE INRIAUDATE INRVWDATE John Wirka 266-6411 � 1 DEPARTMENTDIRECfOR 4 cmcouNa� IG FRFO ? C�TYATfORNEY / 5 CITYCLFRK MUSTBEONCAUNCILAGENDABY(DA'f� ��' FINANCaISFRVICESOIR FINANCIALSERV/ACCTG August22 31'MYOR(ORASSISTANn� 6 PARKSANDRECREATION — -��.�� TOT%COFSIGNATl1REPAGES � (CLIPALLLOCATIONSFORSIGNATUR� ACTION REQUESTED: Approval of City Council Resolution McDonough Recreation Center City - MnDOT Limited Use Permit RECOMMENDATIONS: Approve (A) or Rej¢d (R) PERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING QUEST10N5: _PLANNMGCOMMISSION _CNILSERVICECOMMISSION �, Hasthisperso�rtneverwaketlunderaconUac[forihisdepartment? CIBCOMMITTEE _ YES P10 ! STAFF 2. Has Nis persoNfirtn ever been a city employee? DISTRICTCOUNCIL YES NO — � 3. Does ihis persoNfirm possess a skill not nomrelly possessetl by any curtent city employee'+ SUPPORTS W HICH COUNpL O&IECTIVEI yES NO �piain all yes answero on separzte sh¢et and attaeh to gr¢en sh¢et INITWTING PROBLEM, ISSUE, OPPORTUNITY(Who, What, When, Where, �"/hy): The City is developing two soccer fields at McDonough Recreation Center, which necessitates relocating a pedestrian pathway along L'Orient Street, which is located on MnDOT's 135E right-of-way. MnDOT requires a Limited Use Permit for this work. ADVANTAGESIFAPPROVED: Pedestrian pathway can be reiocated to avoid conflicts with soccer fields. DISAOVANTAGES IF APPROVED: Nane DISAOVANTAGES IF NOTAPPROVED: . Pathway cannot be refocated. TOTAL AMOUM" OF TRANSACTION � NA COST/REYENUE BUDGEfEO (CIRCLE ONE) YES NO fUNDINGSOURCE NA ACTMTYNUMBER FINANCU+L INFORMATION: (EXPLAIN) R�search G�nte�° �� `� �� . ,._ammat�,:___ R E1� 1�� C� PY �►�a� o��e �� --- STATE OF MINNESOTA DEPARTMENT OF TRANSPOR7ATION LIMITED USE PERMIT for Non-motorized Recreation Trail C.S. 6280 (35 E=390}904 City of St.Paul Biketrail T.H. 35E @ Wheelock Parkway In accordance with Minnesota Statutes Section 161.434 and 23 C.F.R. 652 also published as the Federal-Aid Policy Guide, Part 652, and a Limited Use Permit is hereby granted to the City of St.Paul, Permittee. This permit is for the purpose of constructing, maintaining and operating a nonmotorized recreationaf traif, (hereinafter called trail), within the right of way of Trunk Highway No.35E as shown in red on Exhibit "A", which is attached hereto and incorporated herein by reference. This permit is executed by the Permittee pursuant to the attached resolution. In addition, the following special provisions shall apply: SPECIAL PROVISIONS The construction, maintenance, and supervision of the trail sha�l be at no expense to the Minnesota Department of Transportation. 2. Before construction of any kind, the plans for such construction shafl be approved in writing by the Minnesota Department of Transportation, through the Division Engineer. 3. No permanent structure(s) or advertising device(s) in any man�er, form or size shail be constructed, placed or permitted to be constructed or placed upon the State of Minnesota right of way. 4. No commercial activity or activities shall be aliowed to operate upon said State of Minnesota right of way. 5. Any and all maintenance of the frail shall be provided by the Permittee; this includes, but is not limited to, the plowing and removal of snow, and the instaliation and removal of regulatory signs. 6. This permit is non-exclusive and is granted subject to the rights of others, inciuding, but not limited to public utilities which may occupy said right of way. Page 1 of 4 �o►-�z� 7. The Permittee shall preserve and protect all utilities located on the lands covered by this permit at no expense to fhe Minnesota Department of Transportation and it shal! be the responsbility of the Permittee to call the Gopher State One Galf System at 1-800-252-1166 at least 48 hours prior to performing any excavation. 8. Any crossings of the trail over the trunk highway shall be perpendicular to the centerline of the highway and shall provide and ensure reasonable and adequate stopping sight distance. 9. The Permittee shall construct the trail at the location shown in the attached Exhibit "A" subject to verification by the Minnesota Department of Transportation Division Engineer that the construction geometric and procedures result in a trail that is compatible with the safe and efficient operation of the highway facility. 10. Approvai from Minnesota Department of Transportation Division Engineer shall be required for any changes from the approved plan. 11. Upon completion of the construction of the trail, the Permittee shalf restore all disturbed slopes and ditches in such manner that drainage, erosion control and aesthetics are perpetuated. 12. This permit does not release the Permittee from any liability or obiigation imposed by federal iaw, Minnesota Statutes, local ordinances, or other agency regulations reiating thereto and any necessary permits relating thereto shall be applied for and obtained by the Permittee. 13. Any use permitted by this permit shali remain subordinate to the right of the Minnesota Department of Transportation to use the property for highway and transportation purposes. This permit does not grant any interest whatsoever in land, nor does it establish a permanent park, recreation area or wildlife or waterfowl refuge facility that would become subject to Section 4(fl of the Federal-Aid Highway Acf of 1968, nor does this permit estabiish a Bikeway or Pedestrian way which wouid require rep{acement pursuant to Minnesota Statutes Section 160.264. 14. This permit shali be subject to cancellation and terminafion by the Minnesota Department of Transportation, with or without cause, by giving the Permittee 60 days written notice of such intent. Upon said notice of cancellation the trail shall be removed within 60 days, at no cost to the Minnesota Department of Transportation, by the Permittee and at the sole expense of the Permittee. Upon cancelfation of said permit, or any portion thereof, the Permittee will be required to return and restore the Page 2 of 4 a�- gal area to a condition satisfacfory to the Minnesota Department of Transportation Division Engineer. 15. The Permittee, for itself, its successors, and assigns, agrees to abide by the provisions of Title VI Appendix C of the Civil Rights Act of 1964, which provides in part that no person in the United States, shali on the grounds of race, color, or national origin, be exciuded from, or denied use of any trail. 16. The Permittee shall hold harmless and indemnify the State of Minnesota, its Commissioner of 7ransportation and�employees and its successors and assigns, from liability claims for damages because of bodily injury, death, property damage, sickness, disease, or ioss and expense arising from the operations of the trail or from the use of the portion of highway right of way over which this permit is granted. 17 No assignment of this permit is ailowed. 18. The Permittee shail hold harmless and indemnify the State of Minnesota, its Commissioner of Transportation and employees and its successors and assigns from cfaims arising or resulting from the temporary or permanent termination of trail user rights on any portion of highway right of way over which this permit is granted. 79. The State of Minnesota, through its Commissioner of Transportation, shall retain the right to limit and/or restrict the parking of vehicles and assemblage of trail users on the highway right of way over which this permit is granted, so as to maintain the safety of both the motoring public and trail users. 20. The Permittee will hold harmless and indemnify the State of Minnesota, its Commissioner of Transportation and employees from claims resulting from temporary or permanent changes in drainage patterns resulting in flood damage. 21. The Permittee shali not dispose of any materials regufated by any governmental or regulatory agency onto the ground, or into any body of water, or into any container on the StateDs right of way. in the event of spillage of regufated materials, the Permittee shal( provide for cleanup of the spil(ed material and of materiais co�taminated by the spillage in accordance with all applicable federal, state and local laws and regulations, at the sole expense of the Permittee. Page 3 of 4 6 � -'[s1 22. 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 shail be filed or maintained by it or by any subcontractor, materia4rnen or other person or persons acfing for, through or under it or any of them against the work andlor 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 suppfement thereto; agrees to indemnify and hold harmiess the State of Minnesota from all such liens and claims. MINNESOTA DEPARTMENT CITY OF St.Paul OF TRANSPORTATION RECOMMENDED FOR APPROVAL Its: : Division Engineer And Its: APPROVED BY: COMMISSIONER OF TRANSPORTATION By: Director, Office of Land Management Date The Commissioner of Transportat+an by the execution of this permit certifies that this permit is necessary in the pubfic interest and that the use intended is for public purposes. Date Page 4 of 4 o1-RZ� ��1C1�i�L RESOLUTION Presented By Referred to CITY council File # Ol— �'et� Green Sheet # �\3 a�1-�J� PAUL, MINNESOTA as Committee: Date 1 WHEREAS, the City of Saint Paul is constructing new soccer fields at the McDonough 2 Recreation Center, and 3 WI�REAS, the McDonough Recreation Center site abuts State of Minnesota Trunk 4 Highway 35E right-of-way at Wheelock Parkway and L'Orient Street, and 5 WHEREAS, the McDonou�t Recreation Center soccer field project includes construcrion 6 of a pedestrian pathway along L'Orient Street to replace an existing pathway, and 7 WHEREAS, construction of said pathway will take place in part on State of Minnesota 8 right-of-way, thereby necessitating a State of Minnesota Limited Use Permit in order to 9 construct, operate and maintain said pathway within State of Minnesota right-of-way l0 NOW THEREFORE BE IT RESOLVED, by Council of the City o£ Saint Paul that the 11 Mayor and the proper City officials are hereby authorized and directed to enter into an agreement 12 with the State of Minnesota Department of Transportation prescribing the terms and condirions 13 of said Limited Use Permit substantially as set forth in the "State of Minnesota Department of 14 Transportation Limited Use PermiY' attached hereto and incorporated herein by reference. Requested by: Division of Parks and Recreation By: V� � G�"�-- Adopted by Council: Date ��O O� Adoption Certified by Council Secretary BY � .. - � . � �l.+i'ti-�'�� Approved by Mayor: Date:�� By: Form Approved by City Attorney By: c� Approved by ayor for Submission to CouncilC�� / `•�%�� By: DEPARTMENT/OFFICE/COUNCIL DATEINITIATEO GREEN SHEET NO. 113237 Parks and Recreation Aug 9, 2001 p �� CANTACTPERSONANDPHONE INRIAUDATE INRVWDATE John Wirka 266-6411 � 1 DEPARTMENTDIRECfOR 4 cmcouNa� IG FRFO ? C�TYATfORNEY / 5 CITYCLFRK MUSTBEONCAUNCILAGENDABY(DA'f� ��' FINANCaISFRVICESOIR FINANCIALSERV/ACCTG August22 31'MYOR(ORASSISTANn� 6 PARKSANDRECREATION — -��.�� TOT%COFSIGNATl1REPAGES � (CLIPALLLOCATIONSFORSIGNATUR� ACTION REQUESTED: Approval of City Council Resolution McDonough Recreation Center City - MnDOT Limited Use Permit RECOMMENDATIONS: Approve (A) or Rej¢d (R) PERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING QUEST10N5: _PLANNMGCOMMISSION _CNILSERVICECOMMISSION �, Hasthisperso�rtneverwaketlunderaconUac[forihisdepartment? CIBCOMMITTEE _ YES P10 ! STAFF 2. Has Nis persoNfirtn ever been a city employee? DISTRICTCOUNCIL YES NO — � 3. Does ihis persoNfirm possess a skill not nomrelly possessetl by any curtent city employee'+ SUPPORTS W HICH COUNpL O&IECTIVEI yES NO �piain all yes answero on separzte sh¢et and attaeh to gr¢en sh¢et INITWTING PROBLEM, ISSUE, OPPORTUNITY(Who, What, When, Where, �"/hy): The City is developing two soccer fields at McDonough Recreation Center, which necessitates relocating a pedestrian pathway along L'Orient Street, which is located on MnDOT's 135E right-of-way. MnDOT requires a Limited Use Permit for this work. ADVANTAGESIFAPPROVED: Pedestrian pathway can be reiocated to avoid conflicts with soccer fields. DISAOVANTAGES IF APPROVED: Nane DISAOVANTAGES IF NOTAPPROVED: . Pathway cannot be refocated. TOTAL AMOUM" OF TRANSACTION � NA COST/REYENUE BUDGEfEO (CIRCLE ONE) YES NO fUNDINGSOURCE NA ACTMTYNUMBER FINANCU+L INFORMATION: (EXPLAIN) R�search G�nte�° �� `� �� . ,._ammat�,:___ R E1� 1�� C� PY �►�a� o��e �� --- STATE OF MINNESOTA DEPARTMENT OF TRANSPOR7ATION LIMITED USE PERMIT for Non-motorized Recreation Trail C.S. 6280 (35 E=390}904 City of St.Paul Biketrail T.H. 35E @ Wheelock Parkway In accordance with Minnesota Statutes Section 161.434 and 23 C.F.R. 652 also published as the Federal-Aid Policy Guide, Part 652, and a Limited Use Permit is hereby granted to the City of St.Paul, Permittee. This permit is for the purpose of constructing, maintaining and operating a nonmotorized recreationaf traif, (hereinafter called trail), within the right of way of Trunk Highway No.35E as shown in red on Exhibit "A", which is attached hereto and incorporated herein by reference. This permit is executed by the Permittee pursuant to the attached resolution. In addition, the following special provisions shall apply: SPECIAL PROVISIONS The construction, maintenance, and supervision of the trail sha�l be at no expense to the Minnesota Department of Transportation. 2. Before construction of any kind, the plans for such construction shafl be approved in writing by the Minnesota Department of Transportation, through the Division Engineer. 3. No permanent structure(s) or advertising device(s) in any man�er, form or size shail be constructed, placed or permitted to be constructed or placed upon the State of Minnesota right of way. 4. No commercial activity or activities shall be aliowed to operate upon said State of Minnesota right of way. 5. Any and all maintenance of the frail shall be provided by the Permittee; this includes, but is not limited to, the plowing and removal of snow, and the instaliation and removal of regulatory signs. 6. This permit is non-exclusive and is granted subject to the rights of others, inciuding, but not limited to public utilities which may occupy said right of way. Page 1 of 4 �o►-�z� 7. The Permittee shall preserve and protect all utilities located on the lands covered by this permit at no expense to fhe Minnesota Department of Transportation and it shal! be the responsbility of the Permittee to call the Gopher State One Galf System at 1-800-252-1166 at least 48 hours prior to performing any excavation. 8. Any crossings of the trail over the trunk highway shall be perpendicular to the centerline of the highway and shall provide and ensure reasonable and adequate stopping sight distance. 9. The Permittee shall construct the trail at the location shown in the attached Exhibit "A" subject to verification by the Minnesota Department of Transportation Division Engineer that the construction geometric and procedures result in a trail that is compatible with the safe and efficient operation of the highway facility. 10. Approvai from Minnesota Department of Transportation Division Engineer shall be required for any changes from the approved plan. 11. Upon completion of the construction of the trail, the Permittee shalf restore all disturbed slopes and ditches in such manner that drainage, erosion control and aesthetics are perpetuated. 12. This permit does not release the Permittee from any liability or obiigation imposed by federal iaw, Minnesota Statutes, local ordinances, or other agency regulations reiating thereto and any necessary permits relating thereto shall be applied for and obtained by the Permittee. 13. Any use permitted by this permit shali remain subordinate to the right of the Minnesota Department of Transportation to use the property for highway and transportation purposes. This permit does not grant any interest whatsoever in land, nor does it establish a permanent park, recreation area or wildlife or waterfowl refuge facility that would become subject to Section 4(fl of the Federal-Aid Highway Acf of 1968, nor does this permit estabiish a Bikeway or Pedestrian way which wouid require rep{acement pursuant to Minnesota Statutes Section 160.264. 14. This permit shali be subject to cancellation and terminafion by the Minnesota Department of Transportation, with or without cause, by giving the Permittee 60 days written notice of such intent. Upon said notice of cancellation the trail shall be removed within 60 days, at no cost to the Minnesota Department of Transportation, by the Permittee and at the sole expense of the Permittee. Upon cancelfation of said permit, or any portion thereof, the Permittee will be required to return and restore the Page 2 of 4 a�- gal area to a condition satisfacfory to the Minnesota Department of Transportation Division Engineer. 15. The Permittee, for itself, its successors, and assigns, agrees to abide by the provisions of Title VI Appendix C of the Civil Rights Act of 1964, which provides in part that no person in the United States, shali on the grounds of race, color, or national origin, be exciuded from, or denied use of any trail. 16. The Permittee shall hold harmless and indemnify the State of Minnesota, its Commissioner of 7ransportation and�employees and its successors and assigns, from liability claims for damages because of bodily injury, death, property damage, sickness, disease, or ioss and expense arising from the operations of the trail or from the use of the portion of highway right of way over which this permit is granted. 17 No assignment of this permit is ailowed. 18. The Permittee shail hold harmless and indemnify the State of Minnesota, its Commissioner of Transportation and employees and its successors and assigns from cfaims arising or resulting from the temporary or permanent termination of trail user rights on any portion of highway right of way over which this permit is granted. 79. The State of Minnesota, through its Commissioner of Transportation, shall retain the right to limit and/or restrict the parking of vehicles and assemblage of trail users on the highway right of way over which this permit is granted, so as to maintain the safety of both the motoring public and trail users. 20. The Permittee will hold harmless and indemnify the State of Minnesota, its Commissioner of Transportation and employees from claims resulting from temporary or permanent changes in drainage patterns resulting in flood damage. 21. The Permittee shali not dispose of any materials regufated by any governmental or regulatory agency onto the ground, or into any body of water, or into any container on the StateDs right of way. in the event of spillage of regufated materials, the Permittee shal( provide for cleanup of the spil(ed material and of materiais co�taminated by the spillage in accordance with all applicable federal, state and local laws and regulations, at the sole expense of the Permittee. Page 3 of 4 6 � -'[s1 22. 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 shail be filed or maintained by it or by any subcontractor, materia4rnen or other person or persons acfing for, through or under it or any of them against the work andlor 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 suppfement thereto; agrees to indemnify and hold harmiess the State of Minnesota from all such liens and claims. MINNESOTA DEPARTMENT CITY OF St.Paul OF TRANSPORTATION RECOMMENDED FOR APPROVAL Its: : Division Engineer And Its: APPROVED BY: COMMISSIONER OF TRANSPORTATION By: Director, Office of Land Management Date The Commissioner of Transportat+an by the execution of this permit certifies that this permit is necessary in the pubfic interest and that the use intended is for public purposes. Date Page 4 of 4 o1-RZ� ��1C1�i�L RESOLUTION Presented By Referred to CITY council File # Ol— �'et� Green Sheet # �\3 a�1-�J� PAUL, MINNESOTA as Committee: Date 1 WHEREAS, the City of Saint Paul is constructing new soccer fields at the McDonough 2 Recreation Center, and 3 WI�REAS, the McDonough Recreation Center site abuts State of Minnesota Trunk 4 Highway 35E right-of-way at Wheelock Parkway and L'Orient Street, and 5 WHEREAS, the McDonou�t Recreation Center soccer field project includes construcrion 6 of a pedestrian pathway along L'Orient Street to replace an existing pathway, and 7 WHEREAS, construction of said pathway will take place in part on State of Minnesota 8 right-of-way, thereby necessitating a State of Minnesota Limited Use Permit in order to 9 construct, operate and maintain said pathway within State of Minnesota right-of-way l0 NOW THEREFORE BE IT RESOLVED, by Council of the City o£ Saint Paul that the 11 Mayor and the proper City officials are hereby authorized and directed to enter into an agreement 12 with the State of Minnesota Department of Transportation prescribing the terms and condirions 13 of said Limited Use Permit substantially as set forth in the "State of Minnesota Department of 14 Transportation Limited Use PermiY' attached hereto and incorporated herein by reference. Requested by: Division of Parks and Recreation By: V� � G�"�-- Adopted by Council: Date ��O O� Adoption Certified by Council Secretary BY � .. - � . � �l.+i'ti-�'�� Approved by Mayor: Date:�� By: Form Approved by City Attorney By: c� Approved by ayor for Submission to CouncilC�� / `•�%�� By: DEPARTMENT/OFFICE/COUNCIL DATEINITIATEO GREEN SHEET NO. 113237 Parks and Recreation Aug 9, 2001 p �� CANTACTPERSONANDPHONE INRIAUDATE INRVWDATE John Wirka 266-6411 � 1 DEPARTMENTDIRECfOR 4 cmcouNa� IG FRFO ? C�TYATfORNEY / 5 CITYCLFRK MUSTBEONCAUNCILAGENDABY(DA'f� ��' FINANCaISFRVICESOIR FINANCIALSERV/ACCTG August22 31'MYOR(ORASSISTANn� 6 PARKSANDRECREATION — -��.�� TOT%COFSIGNATl1REPAGES � (CLIPALLLOCATIONSFORSIGNATUR� ACTION REQUESTED: Approval of City Council Resolution McDonough Recreation Center City - MnDOT Limited Use Permit RECOMMENDATIONS: Approve (A) or Rej¢d (R) PERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING QUEST10N5: _PLANNMGCOMMISSION _CNILSERVICECOMMISSION �, Hasthisperso�rtneverwaketlunderaconUac[forihisdepartment? CIBCOMMITTEE _ YES P10 ! STAFF 2. Has Nis persoNfirtn ever been a city employee? DISTRICTCOUNCIL YES NO — � 3. Does ihis persoNfirm possess a skill not nomrelly possessetl by any curtent city employee'+ SUPPORTS W HICH COUNpL O&IECTIVEI yES NO �piain all yes answero on separzte sh¢et and attaeh to gr¢en sh¢et INITWTING PROBLEM, ISSUE, OPPORTUNITY(Who, What, When, Where, �"/hy): The City is developing two soccer fields at McDonough Recreation Center, which necessitates relocating a pedestrian pathway along L'Orient Street, which is located on MnDOT's 135E right-of-way. MnDOT requires a Limited Use Permit for this work. ADVANTAGESIFAPPROVED: Pedestrian pathway can be reiocated to avoid conflicts with soccer fields. DISAOVANTAGES IF APPROVED: Nane DISAOVANTAGES IF NOTAPPROVED: . Pathway cannot be refocated. TOTAL AMOUM" OF TRANSACTION � NA COST/REYENUE BUDGEfEO (CIRCLE ONE) YES NO fUNDINGSOURCE NA ACTMTYNUMBER FINANCU+L INFORMATION: (EXPLAIN) R�search G�nte�° �� `� �� . ,._ammat�,:___ R E1� 1�� C� PY �►�a� o��e �� --- STATE OF MINNESOTA DEPARTMENT OF TRANSPOR7ATION LIMITED USE PERMIT for Non-motorized Recreation Trail C.S. 6280 (35 E=390}904 City of St.Paul Biketrail T.H. 35E @ Wheelock Parkway In accordance with Minnesota Statutes Section 161.434 and 23 C.F.R. 652 also published as the Federal-Aid Policy Guide, Part 652, and a Limited Use Permit is hereby granted to the City of St.Paul, Permittee. This permit is for the purpose of constructing, maintaining and operating a nonmotorized recreationaf traif, (hereinafter called trail), within the right of way of Trunk Highway No.35E as shown in red on Exhibit "A", which is attached hereto and incorporated herein by reference. This permit is executed by the Permittee pursuant to the attached resolution. In addition, the following special provisions shall apply: SPECIAL PROVISIONS The construction, maintenance, and supervision of the trail sha�l be at no expense to the Minnesota Department of Transportation. 2. Before construction of any kind, the plans for such construction shafl be approved in writing by the Minnesota Department of Transportation, through the Division Engineer. 3. No permanent structure(s) or advertising device(s) in any man�er, form or size shail be constructed, placed or permitted to be constructed or placed upon the State of Minnesota right of way. 4. No commercial activity or activities shall be aliowed to operate upon said State of Minnesota right of way. 5. Any and all maintenance of the frail shall be provided by the Permittee; this includes, but is not limited to, the plowing and removal of snow, and the instaliation and removal of regulatory signs. 6. This permit is non-exclusive and is granted subject to the rights of others, inciuding, but not limited to public utilities which may occupy said right of way. Page 1 of 4 �o►-�z� 7. The Permittee shall preserve and protect all utilities located on the lands covered by this permit at no expense to fhe Minnesota Department of Transportation and it shal! be the responsbility of the Permittee to call the Gopher State One Galf System at 1-800-252-1166 at least 48 hours prior to performing any excavation. 8. Any crossings of the trail over the trunk highway shall be perpendicular to the centerline of the highway and shall provide and ensure reasonable and adequate stopping sight distance. 9. The Permittee shall construct the trail at the location shown in the attached Exhibit "A" subject to verification by the Minnesota Department of Transportation Division Engineer that the construction geometric and procedures result in a trail that is compatible with the safe and efficient operation of the highway facility. 10. Approvai from Minnesota Department of Transportation Division Engineer shall be required for any changes from the approved plan. 11. Upon completion of the construction of the trail, the Permittee shalf restore all disturbed slopes and ditches in such manner that drainage, erosion control and aesthetics are perpetuated. 12. This permit does not release the Permittee from any liability or obiigation imposed by federal iaw, Minnesota Statutes, local ordinances, or other agency regulations reiating thereto and any necessary permits relating thereto shall be applied for and obtained by the Permittee. 13. Any use permitted by this permit shali remain subordinate to the right of the Minnesota Department of Transportation to use the property for highway and transportation purposes. This permit does not grant any interest whatsoever in land, nor does it establish a permanent park, recreation area or wildlife or waterfowl refuge facility that would become subject to Section 4(fl of the Federal-Aid Highway Acf of 1968, nor does this permit estabiish a Bikeway or Pedestrian way which wouid require rep{acement pursuant to Minnesota Statutes Section 160.264. 14. This permit shali be subject to cancellation and terminafion by the Minnesota Department of Transportation, with or without cause, by giving the Permittee 60 days written notice of such intent. Upon said notice of cancellation the trail shall be removed within 60 days, at no cost to the Minnesota Department of Transportation, by the Permittee and at the sole expense of the Permittee. Upon cancelfation of said permit, or any portion thereof, the Permittee will be required to return and restore the Page 2 of 4 a�- gal area to a condition satisfacfory to the Minnesota Department of Transportation Division Engineer. 15. The Permittee, for itself, its successors, and assigns, agrees to abide by the provisions of Title VI Appendix C of the Civil Rights Act of 1964, which provides in part that no person in the United States, shali on the grounds of race, color, or national origin, be exciuded from, or denied use of any trail. 16. The Permittee shall hold harmless and indemnify the State of Minnesota, its Commissioner of 7ransportation and�employees and its successors and assigns, from liability claims for damages because of bodily injury, death, property damage, sickness, disease, or ioss and expense arising from the operations of the trail or from the use of the portion of highway right of way over which this permit is granted. 17 No assignment of this permit is ailowed. 18. The Permittee shail hold harmless and indemnify the State of Minnesota, its Commissioner of Transportation and employees and its successors and assigns from cfaims arising or resulting from the temporary or permanent termination of trail user rights on any portion of highway right of way over which this permit is granted. 79. The State of Minnesota, through its Commissioner of Transportation, shall retain the right to limit and/or restrict the parking of vehicles and assemblage of trail users on the highway right of way over which this permit is granted, so as to maintain the safety of both the motoring public and trail users. 20. The Permittee will hold harmless and indemnify the State of Minnesota, its Commissioner of Transportation and employees from claims resulting from temporary or permanent changes in drainage patterns resulting in flood damage. 21. The Permittee shali not dispose of any materials regufated by any governmental or regulatory agency onto the ground, or into any body of water, or into any container on the StateDs right of way. in the event of spillage of regufated materials, the Permittee shal( provide for cleanup of the spil(ed material and of materiais co�taminated by the spillage in accordance with all applicable federal, state and local laws and regulations, at the sole expense of the Permittee. Page 3 of 4 6 � -'[s1 22. 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 shail be filed or maintained by it or by any subcontractor, materia4rnen or other person or persons acfing for, through or under it or any of them against the work andlor 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 suppfement thereto; agrees to indemnify and hold harmiess the State of Minnesota from all such liens and claims. MINNESOTA DEPARTMENT CITY OF St.Paul OF TRANSPORTATION RECOMMENDED FOR APPROVAL Its: : Division Engineer And Its: APPROVED BY: COMMISSIONER OF TRANSPORTATION By: Director, Office of Land Management Date The Commissioner of Transportat+an by the execution of this permit certifies that this permit is necessary in the pubfic interest and that the use intended is for public purposes. Date Page 4 of 4 o1-RZ�