05-472coun�u Fue # OS �7 �.
Green Sheet # 205905
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA �3
Presented
Referred To
Committee Date
1 WHEREAS, the City of Saint Paul has plans to construct Phalen Boulevazd Phase III between Arcade Sfreet and
2 Johnson Parkway; and
3 WHEREAS, this construction will occur over property owned by the Ramsey County Regional Railroad Authority
4 (RCRRA); and
5 WHEREAS, the City has an easement agreement with RCRRA for this construction; and
6 WHEREAS,theworkbytheCityrequiresinteractionwithcontaminatedsoils,forwhichthereisanimplementation
7 plan approved by the Minnesota Pollution Control Agency (MPCA); and
8 WHEREAS, the City and RCRRA will receive a No Association Determination Letter, a No Further Action L,etter,
9 and a Non-Tank Closure Letter from the MPCA ; and
10 WAEREAS, RCRRA is requiring indemnification from the City far contaminated soils placed within the Phalen
11 Boulevard right of way; Now therefore be it,
12 RESOLVED, that we hereby authorize the proper City officials to sign this First Amendment to the Easement
13 agreement with the Ramsey County Regional Railroad Authority.
Requested by Depaztment of:
Public Works
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, � ���� • .. � ��
Form Approved by City Attomey �
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for
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Approved
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Adopted by Council: Date
Adoption Certified by Council Secret` ry
Public Wosks. . _ . . 5/5/2005
Lisa Fall� 266-6117
MUST BE ON CIXINCIL AGEf�AA BY (OAlt7
1��
TOTAL # OF SIGNATURE PAGES
OS- �l �a-
No. 2059U5
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cm couNCi�
A4SIGN � CfIYATTORNEY �! _ ❑ CRYG.ERK
NUMBEft FOR
� ❑ FlNANCIALSEfMCESDIR ❑ FINANCIALSFRV/ACC
ORDER
❑ MAVOR(ORASSISfANn ❑�ILRESEARCH
❑ ❑
3 (CLIP ALL LOCATIONS FOR SIGNATURE)
ACTION REQUE5IE0 �
,pprove and sign Council Resolation aad attached Agreemeat with the Ramsey County Regional Railroad Authority (RCRRA) for
ndemnificatiott of Ramsey County for contazninated soils moved from RCRRA property aud remediated by placing them under the Phalen
3oulevard Phase III right of way.
;ECAMMENDATIONS:ApproVe (A) n Re�ec[ (R)
� PUWNINGCAMMISSION
i CIBCOMMITTEE ,
' CNILSERVICECOMMI$$ION
A STAFF
v ..,
,�. � INITIATIN
DEPAR7MEM
WHERE,
PERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING QUESTIONS:
1. Has this persoNfiim everwaked uritler a cantrad fw ih's depa�menl'�
VES NO
2 Fias Mis persoNfirm ever been a cily empbyee?
VES NO
3 Does this persoNfirm possess a slull not irortnalty possessetl by arry wrteM cily employee�
VES NO
4. Is Nis pecsoNfmn a targeletl ventlM
VES NO
ExpWin all yes answers on separa[e sheat antl aitaeh to graen sheat�
As part of the Phalen Boulevazd Phase III consMiction project, the City must remediate any contami�iated soils dishubed as part of the
conshvcrion; according to the Minnesota Pollurion Confrol Agency's reqnirements. To most efficiently deal with these contamivated soils,
the City will bury them witUin the Phalen Boulevazd easexnent the City has in RCRRA's corridor. To do tlus, RCRRA is requiring the City
to indemuity them for the contaminated soils.
- ADVAMAGESIFAPPROVE4
;' Construction will be able to proceed.
a;�
A similaz environmental remediation treatment was completed on Phases I and II of the Phalen Boulevacd project. On Phase III, using this
method will result in a project savings of approximately $1,100,000.
DISADVANTAGES IFAPPROVED.' � �� � � �
Possible future costs to the City due to the containinated soils within the Pttalen Boulevazd Phase III right of
;° � OISADVANTAGES IF NOTAPPROVEd /� /�
� . _ _' `-�, �_' �� E � 9 1�
Construction may not proceed, and remediation costs would be significantly lugher.
�,..
i� ; '
��' � TOTAL AMOUNT OF TRANSACIiON $ N/A _ COSTIREVENUE BUDGETED (CIRCLE ONE) � No
?�� ' FUNDINGSOURCE N/A ACTIVITYNUMBER R� WEIV�D
- FINANGALINFORMATION(EXPFLAIN) �� ��,�,�.a(.r� 61��i�ij MAY 1 2 2Q05
'' NAY �. 6 �
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MAYOR'S OFFICE
O.S ��
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First Amendment to Easement
This amendment is to that permanent Easement Agreement (the Easement) between the
Ramsey County regional Railroad Authority (RCRRA), a political subdivision of the State of
Minnesota, and the City of St. Paul, Minnesota (the City), a home rule charter city and municipal
corporarion under the laws of the State of Minnesota, dated the day of
2003, and filed of record in the office of the Ramsey County Recorder on
, as Document Number
WTI'NESSETH:
WHEREAS, on or about , 2003, the RCRRA granted to the City
the herein referred permanent Easement for highway purposes over the property described
therein, and
WHEREAS, construction of the public highway contemplated by the Easement has
revealed the presence of contaminated soils within the Easement area, and
WHEREAS, the City and Minnesota Pollution Control Agency (MPCA) have discussed
possible methods of handling the contaminated soils, and
WHEREAS, the City will realize cost savings if it is able to manage the contaminated
soils within the Easement and not have to dispose of them outside of the Easement area, and
WHEREAS, the RCRRA is willing to coaperate with the City and agree to management
of the contaminated soils within the Easement site, provided the City agrees to defend and
indemnify the RCRRA from any claims arising from management or the presence of
contaminated soils within the Easement.
�"-�7�
NOW, TT�REFORE, in consideration of the mutual covenants and agreements herein,
and other good and valuable considerarion the receipt and sufficiency of which the parties
mutualiy aclmowledge, it is agreed to amend the Easement by adding paragraph 16, as follows:
16. EnvironmentalIndemnification.
a. As used in this section, the following terms have the meaning stated herein:
1. "Claims" means any and all liabilities, suits, claims, counterclaims, causes of action,
demands, penalties, debts, obligations, promises, costs, fines, damages, fees, and expenses of any
kind, including without limitation, attorneys' fees, consultant fees, costs, costs of remedial
actions, cleanup costs and expenses which may be related to any claims.
2. "Environmental Law" means the Comprehensive Environmental Response,
Compensarion and Liability Act (CERCLA) 42 U.S.C. §9601 et seq., the Resource Conservarion
and Recovery Act, 42 U.S.C. §6901 et seq., the Federal Water Poliution Control Act, 33 U.S.C.
§1251 et seq., the Clean Water Act, 33 U.S. C. §1321 et seg., the Clean Air Act, 42 U.S.C.
§7402 et seq., the Toxic Substances Control Act, IS U.S.C. §2601 et seq., the Minnesota
Environmental Response and Liability Act (MERLA) Minn. Stat. Chapter 115B, ail as they may
be amended or superseded from time to time, and any other federal, state, local or other
governmental statute, rule, law or ordinance dealing with the protection of human health safety,
natural resources or the environment now existing or hereafter enacted or promulgated.
3. "Hazazdous Substance" means any pollutant, contaminant, hazardous substance or
waste, solid waste, petroleum product, disrillate, or fraction, radioactive material, chemical
I�own to cause cancer or reproductive toxicity, polychlorinated biphenyl or any other chemical
substance or material listed or identified in or regulated by any Environmental Law.
assso
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4. "EasemenP' means the land defined as the highway easement in Paragraph 5 of
the Agreement between the City and RCRRA dated August 18, 2003. The final Easement will be
defined by an as-built legal description provided by the City.
b. Subject to the limitations set forth in section (d) below, the City covenants and agrees not
to sue the RCRRA, its successors or assigns, or any of its officers, agents, employees, or elected
officials or anyone acring on its behalf and agrees to defend, indemnify, and hold the RCRRA
harmless from any and all claims, existing or contingent, known or unlmown, whether arising at
common law, in equity, or environmental law, arising from or related to the presence, release, or
threatened release of any Hazardous Substance in, on, or under the Easement, whether such
Hazardous Substance is located in, on, or under the Easement, or has been brought on to the
Easement by the City. The indemnification provided by this paragraph 16 shall survive the
ternunation of this agreement or any other agreement between the City and RCRRA heretofore
or hereinafter entered into relaung to the City's use, occupation, or control of the Easement.
c. Nothing in this agreement shall be deemed or construed as a waiver by the City and
RCRRA of any of their statutory or common law immunities, defenses, or limitations of liability
which may be asserted in defense of any claim.
d. The City shall not be obligated under section (b) above to indemnify, defend and hold
hannless RCRRA to the extent such Claims are: (1) covered by warker's compensation
insurance, employer's risk insurance or any other insurance policy; (2) caused by the negligent
acts oz omission or the willful misconduct of the RCRRA; (3) relate to consequenUal damages.
sssso 3
b���a
Except as herein modified, all other terms and conditions of the Easement shall remain in fuii
force and effect:
IN WITNESS WHEREOF, the parties hereto have signed this Amendment to the
Easement on this d `'� day of �'�-�_ , 2005.
'7•\i
I: : I
STATE OF MII�iNESOTA
MII
COUNTY OF RAMSEY
)
) ss
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The foregoing was acknowledged before me this,z2.S� day of ����t� , 2005,
by Rafael Ortega, the Chair of the Ramsey County Regional Railroad Authority, a political
subdivision under the laws of Minnesota, on behalf of the Regional Railroad Authority.
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Notazy Public
APPROVED AS TO FORM
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Assistant City Fikg�eer/t�'o�an�
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� �Rrn a cw►wcER
ND7NIY PIb1.IC • YYMESOTA
` • MY CONMISS�1 EXP�'iES
�s .IAi�qlARY 37.2010
/
: ��I��'���
- .
Its: Director. Office of Financial Services
Its: City Clerk
By: � �'
ssaso 4
d 5-�f7d
STATE OF MINNESOTA )
) ss
COUNTY OF RAMSEY )
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The foregoing was acknowledged before me this � day of //!�� , 2005, by
�✓ir�is J.�iahe,r�/ t�9at1' Srn��tand Shar; 1'�1oo�'P ,the
}'�� oY � D� re�-� � n � o�€C: c� �� F;,�,�,�: s at"i�' C'. ,�✓ C/�-r (� of
_�i �-� Sy`- 4'Eew,� � 2 f'�t.�-vV i c� �rx� ��' �C_� Otn llIldC2'
the laws of 1�1 �� h.esa-I� , on behalf of the P�. ��:Pc�.��
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RW7'ARY PtS3LIC-hRNNF.SOTA
Ot3r}' 1C '`�.. �'CC'.�liEh:SSlON
EXFl�ESJAN.3t,2010
This instrument was drafted bv:
Ramsey County Attorney's O�ce
560 RCGC-West
50 West Kellogg Boulevard
St. Paul, MN 55102
ssaso