HomeMy WebLinkAbout4.B. Approval of Lease Agreement with the Minnesota Department of Transportation for Park Usage Resolution No. 7461 General Business
4. B.
SHAKOPEE
TO: Mayor and City Council
Mark McNeill,City Administrator
FROM: Jamie Polley,Parks,Recreation&Natural Resources Director
DATE: 06/24/2014
SUBJECT: Approval of Lease Agreement with the Minnesota Department of Transportation for Park Usage-
Resolution No. 7461 (D)
Action Sought
The City Council is asked to approve Resolution No. 7461, a Resolution Approving a Lease Agreement with the
Minnesota Department of Transportation(MnDOT)for Park Usage.
Background
The City acquired Parcel 75 from MnDOT as part of a three entity agreement with the construction of County Road
21. At that time MnDOT retained 5 acres along 169 for potential future right of way needs. The City renamed
Parcel 75 Southbridge Community Park and began the planning of the park in 2012. On November 20,2012 the
Council suggested that staff contact MnDOT for the ability to use a portion of the 5 acres owned by
MnDOT adjacent to Southbridge Community Park along highway 169. The City Council approved the plans and
specifications for the Southbridge Community Park on December 3,2013. The plans and specifications included
the installation of a trail and a portion of the dog park fencing within the 5 acres owned by MnDOT. Since 2012
staff has been working with MnDOT staff to develop a lease agreement for the use of the 5 acres adjacent to
Southbridge Community Park.
Discussion
MnDOT is requesting a formal resolution passed by the City Council approving the lease agreement for the use of
the 5 acres as an extension to Southbridge Community Park. Once a resolution is passed the lease agreement can be
executed. A copy of the lease is attached and it has been reviewed by both the City Attorney as well as MnDOT's
attorneys. The lease agreement includes a lease payment to MnDOT of$500.00 per year for 5 years. MnDOT felt
after 5 years a new lease agreement could be executed or future use of the 5 acres could be assessed.
Relationship to Vision
D.Maintain,improve and create strong partnerships with other public and private sector entities.
Requested Action
The City Council,if concur,adopt Resolution No. 7461,A Resolution Approving a Lease Agreement with the
Minnesota Department of Transportation for Park Usage.
Attachments: Lease Agreement
Resolution No. 7461
Minnesota Department of Transportation
CO — Metro Division
1500 County Road B2
Roseville, MN 55113
651-234-7577
C.S. 7005 (169=5) 901 PARCEL 75 LEASE NO. 70005
PET EXERCISE AREA LEASE
THIS LEASE is made between the State of Minnesota, Department of Transportation
("Landlord"), and the City of Shakopee ("Tenant").
Mail lease to: Jamie Polley
Director of Parks, Recreation & Natural Resources
1255 Fuller Street
City of Shakopee, MN 55379
IT IS AGREED:
1. In consideration of payment of the rent hereinafter specified to be paid by Tenant, and the
covenants and agreements herein contained, Landlord hereby leases to Tenant that certain
property ("Premises") in the County of Hennepin, State of Minnesota, described as follows:
Type of Premises: Land — Commercial vacant land
Location of Premises: See Exhibit A attached hereto and incorporated herein
by this reference.
This Lease includes improvements, if any, and subject to the condition set forth in Section 23 of
this Lease, is in effect for the term of five (5) years commencing on June 16, 2014
("Commencement Date") and continuing through June 15, 2019 with the right of termination in
both Landlord and Tenant as hereinafter set forth.
In the event Tenant is delayed in providing Landlord a fully executed Encroachment Agreement
on or before the Commencement Date then the Tenant will take possession of the Premises on
the date ten (10) days following Tenant's delivery to Landlord of the fully executed and in a form
approval by Landlord Encroachment Agreement, which such adjusted commencement date will
be established by Landlord's notice to Tenant("Adjusted Commencement Date"), and this Lease
will expire five (5) years thereafter, unless otherwise terminated as set forth in this Lease.
2. RENT. Tenant shall pay to Landlord as rent for the Premises the sum of Two Thousand Five
Hundred Dollars and no/100 ($2,500.00) in five (5) equal annual installments of Five Hundred
Dollars and no/100 ($500.00) in advance due and payment on the Commencement Date and on
the first day of October during the term of this Lease. Rent payments are to be mailed or
delivered to Landlord's finance office as follows:
Department of Transportation Make checks payable to:
Office of Financial Management
Accounting Department Commissioner of Transportation
395 John Ireland Boulevard - Mailstop 215
St. Paul, Minnesota 55155
3. USE OF PREMISES. Tenant will use the Premises only as a pet exercise area operated
by the Tenant for use by licensed (unleashed) pets accompanied by an owner, agent or
caretaker who is responsible for the pet for a short duration (3 hours or less per day). Under
no circumstances will alcohol, beer or wine be allowed on the Premises. Tenant will not be
permitted to sell any items on the Premises. The pet exercise area will be operated under
the name Southbridge Community Park and no other name whatsoever except with
Landlord's written consent. The hours of operation will be 6:00AM — 10:00P.M.every day of
the week.
It shall be the sole responsibility of Tenant to comply with all laws, regulations, or ordinances
imposed by any jurisdiction governing the use of the Premises. Failure to comply will not relieve
Tenant of the obligation to pay rent. Tenant's use of the Premises must not interfere with the
public's use of any adjacent highway.
Signs or displays will be restricted to those indicating proprietorship and type of activities
conducted on the Premises, and will be subject to regulation by Landlord and the Federal
Highway Administration as to number, size, location, and design.
4. MAINTENANCE AND REPAIRS.
4.01 Tenant shall keep the Premises in good condition at Tenant's own expense, and shall not
call on Landlord to make any improvements or repairs.
4.02 Excepting a perimeter fence, gate, and trail to be installed by Tenant at its sole cost and
expense as set forth in this Paragraph 4.02, Tenant will not make any improvements or
incorporate any dedications/memorials on the Premises. Prior to the construction and
installation of the perimeter fence and gate, Tenant will provide to Landlord plans and
specifications for the perimeter fence and gate for Landlord's approval. Upon expiration or
earlier termination of the term Tenant at its sole cost and expense will remove the perimeter
fence and gate and return the Premises to its condition prior to the Commencement Date of this
Lease.
4.03 Trash. Tenant will have trash receptacles located on the Premises and such pickup service
to be not less than one pickup per week during the Term of this Lease.
5. RULES AND REGULATIONS.
5.01 Purpose. The Rules and Regulations in Exhibit B attached hereto and by this reference
incorporated herein have been adopted by Landlord for the safety, benefit and convenience of
all invitees in the Premises.
5.02 Observance. Tenant will at all times comply with, and will cause its employees, agents,
licensees and invitees to comply with, the Rules and Regulations from time to time in effect.
5.03 Modification. Landlord may from time to time, for the purposes set out in Section 5.01,
amend, delete from, or add to the Rules and Regulations, provided that any such modification
(a) Will not be repugnant to any other provision of this Lease,
(b) Will be reasonable, and
(c) Will be effective only upon delivery of a copy thereof to Tenant at the notice address set
forth in this Lease.
6. CHARGES AND EXPENSES. Tenant shall pay when due all utility charges and any other
charges or expenses connected with Tenant's use of the Premises.
7. NOTICES. All notices herein provided to be given, or which may be given, by either party to
the other, shall be deemed to have been fully given when served personally on Landlord or
Tenant, or when made in writing and deposited in the United States Mail and addressed as
follows: To Tenant at the mailing address above stated and to Landlord, Department of
Transportation, Metro District— 1500 County Road B2, Roseville, MN 55113. The address to
which notices are mailed may be changed by written notice given by either party to the other.
8. CANCELLATION. This Lease shall be subject to cancellation by either party at any time
during the term hereof by giving the other party notice in writing at least ninety(90) days prior to
the date when the cancellation will become effective. Furthermore, this Lease shall be subject to
cancellation by Landlord if the Premises become needed for highway purposes (as determined
solely by Landlord) by giving Tenant notice in writing at least thirty (30) days prior to the date
when the cancellation will become effective. In the event of cancellation any unearned rent paid
by Tenant will be returned.
9. INDEMNIFICATION AND RELEASE. Tenant shall defend, indemnify, save harmless, and
release Landlord and Landlord's employees from and against all claims, demands, and causes
of action for injury to or death of persons and animals or loss of or damage to property(including
Tenant and Tenant's property) occurring on the Premises and connected with Tenant's use and
occupancy of the Premises, regardless of whether such injury, death, loss, or damage is caused
in part by:
(i) the negligence of Landlord or
(ii) is deemed to be the responsibility of Landlord,
because of its failure to supervise, inspect, or control the operations of Tenant or otherwise
discover or prevent actions or operations of Tenant giving rise to liability to any person. Injury to
or death of persons, property or animals specifically includes by way of example and without
limitation, dog bites and other injuries or death resulting from dog attacks.
If any negligence or responsibility of Landlord is unrelated to Tenant's occupancy or use of the
Premises, Tenant will not be obligated to indemnify and hold harmless as set forth above.
10. INSURANCE. Prior to execution of this Lease by Landlord, the Tenant shall provide
Landlord with a properly executed certificate(s) of insurance which shall clearly evidence the
insurance required below.
10.1 Tenant shall maintain during the full term of this Lease commercial general liability
insurance or equivalent form including Premises-Operations Liability, and Contractual
Liability with a limit of not less than $2,000,000 each occurrence. If such insurance
contains a general aggregate limit, it will be equal to or greater than $2,000,000 and
apply separately to this Lease.
10.2 The insurance shall name the State of Minnesota as an Additional Insured with
respect to performance of the Lease.
10.3 This insurance shall be primary with respect to any insurance or self-insurance
programs covering Landlord, its officers and employees.
10.4 Tenant shall maintain during the full term of this Lease workers' compensation
insurance with statutory limits and employers' liability insurance with limits not less than
$100,000 bodily injury by disease per employee, $500,000 bodily injury by disease
aggregate and $100,000 bodily injury by accident.
If Tenant receives a cancellation notice from an insurance carrier affording coverage herein
Tenant agrees to notify the Landlord within five (5) business days with a copy of the
cancellation notice, unless Tenant's policy(ies) contain a provision that coverage afforded
under the policy(ies) will not be cancelled without at least thirty (30) days advance written
notice to the Landlord.
An Umbrella or Excess Liability insurance policy may be used to supplement the policy limit to
satisfy the full policy limits required by the Lease.
11. FIRE INSURANCE. Tenant shall not be required to keep the Premises insured for fire
and extended coverage loss. Tenant shall make no claim against Landlord arising out of any
loss to the Premises
12. RIGHT TO ENTER. Tenant shall allow Landlord and Landlord's contractors and authorized
licensees to enter upon the Premises for any of the following purposes: to survey the land, to
take soil borings, to perform utility relocation or repair work, or to perform any other work which
is preparatory to a highway construction project; also to make emergency repairs required for
highway safety. If there is a bridge above or adjacent to any part of the Premises, Tenant shall
allow Landlord to enter upon the Premises to inspect, maintain, and repair the bridge and its
structural supports. If any of these operations substantially restrict the Tenant's use of the
Premises, rent will be reduced proportional to the restricted use of the Premises during the
period of the restricted use. The reduction (or abatement) of rent will be Tenant's only claim
against Landlord based on such restriction (or abatement)of use. Tenant shall allow Landlord to
inspect the Premises and to show the Premises by appointment to prospective buyers or renters.
Before entering the Premises for any of the purposes under this paragraph, Landlord will make
a reasonable effort to notify Tenant, provided, however, that in case of an emergency affecting
highway safety (the existence of which will be determined solely by Landlord), if Tenant is not
present to permit entry onto the Premises, Landlord or its representatives may enter without
notice to Tenant, and for such entry Landlord or its representatives will not be liable to Tenant.
13. ADJACENT HIGHWAY FACILITY. Tenant shall not permit the storage of any substance or
material on the Premises which may create a fire hazard to the adjacent highway facility
(including any overhead bridge and its structural supports). If Landlord determines that Tenant is
using the Premises in such a way as to create a danger to the adjacent highway facility or the
traveling public thereon, and if, upon receiving notice, Tenant does not immediately remedy the
danger to the satisfaction of Landlord, then Landlord may immediately cancel this Lease and
take possession of the Premises. Any requirement for giving notice of cancellation set out
elsewhere in this Lease will not apply to cancellation under this section. Unearned rent paid by
Tenant will be returned.
If a part of the Premises is situated under or adjacent to a highway bridge, Tenant acknowledges
that Landlord's plowing and sweeping of the bridge may cause snow, ice, sand, or road
sweepings to be pushed off the sides of the bridge or otherwise expelled off the bridge, falling
onto the Premises. Tenant agrees that this risk is specifically included in the Tenant's
indemnification and release of Landlord appearing elsewhere in this Lease.
14. ASSIGNMENT AND SUBLETTING. Tenant shall not assign this Lease or sublet the
Premises.
15. CIVIL RIGHTS ACT. Tenant shall not discriminate on the ground of race, color, sex, or
national origin against any person in access to and use of the facilities and services operated or
otherwise maintained on the Premises; and Tenant shall operate and maintain such facilities and
services in compliance with Title VI of the Civil Rights Act of 1964, and Title 49, Code of Federal
Regulations, Part 21.
16. DEFAULT BY TENANT-LANDLORD'S REMEDIES. The following occurrences are"events
of default":
(a) Tenant defaults in the due and punctual payment of rent, and such default continues
for five (5) days after notice from Landlord; however, Tenant will not be entitled to more
than one notice for default in payment of rent during any twelve month period, and if,
within twelve months after any such notice, any rent is not paid when due, an event of
default shall have occurred without further notice.
(b) Tenant breaches any of the other agreements, terms, covenants, or conditions which
this Lease requires Tenant to perform, and such breach continues for a period of thirty
(30) days after notice by Landlord to Tenant.
At any time after the occurrence of either of the above events of default, Landlord may terminate
this Lease upon giving written notice to Tenant and may then re-enter and take possession of
the Premises in such manner as allowed or provided by law. Tenant shall pay Landlord all costs
and expenses, including attorney's fees, in any successful action brought by Landlord to recover
unpaid rent, or to recover damages for breach of any of the other covenants, agreements, terms,
or conditions which this Lease requires Tenant to perform, or to recover possession of the
Premises.
17. HOLDING OVER. If Tenant remains in possession of the Premises after the end of this
Lease with the consent of Landlord, express or implied, Tenant shall occupy the Premises as a
Tenant from month to month, subject to all conditions, provisions, and obligations of this Lease
in effect on the last day of the term.
18. MOVING OUT. At the expiration or sooner termination of this Lease, Tenant shall leave the
Premises in as good condition as when delivered to Tenant (except for ordinary wear and any
loss covered by insurance payment to Landlord).
19. SALE OR TRANSFER OF PREMISES. If Landlord sells or transfers the Premises,
Landlord's liability for the performance of its covenants under this Lease shall end on the date of
the sale or transfer, and Tenant shall look solely to the purchaser or transferee for the
performance of those covenants.
20. RELOCATION ASSISTANCE: Persons, businesses, farms, non-profit organizations, and
other entities (hereinafter collectively referred to as Tenant) displaced by cancellation or
termination of this Lease, or by moving out prior to cancellation or termination of this Lease, are
not classified as "displaced persons" and are not eligible for relocation assistance under the
Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and its
amendments. By signing this Lease, TENANT affirms that they are not a displaced person.
21. HAZARDOUS SUBSTANCES OR POLLUTANTS OR CONTAMINANTS. Tenant shall not
cause or permit any hazardous substance or pollutant or contaminant to be used, generated,
stored or disposed of on or in the Premises by Tenant, Tenant's agents, employees, contractors
or invitees. If the Tenant causes or allows the Premises to become contaminated in any manner
by hazardous substances or pollutants or contaminants, during the term of this Lease, Tenant
shall indemnify and hold harmless the Landlord in accordance with Section 8 of this Lease. This
indemnification is intended to, and shall, survive the termination of this Lease. Without limitation
of the foregoing, if Tenant causes or permits the presence of any hazardous substance or
pollutant or contaminant on the Premises, and that presence results in contamination, Tenant
shall promptly, at its sole expense, take any and all necessary actions approved by the Landlord
to return the Premises to a condition that is in accordance with all applicable Federal, State and
Local regulations. Landlord and Tenant agree the temporary existence and storage of dog feces
on the Premises is not a violation of this Lease.
22. EMERGENCY MANAGEMENT. General Provisions:
22.01 On or before the Commencement Date of this Lease, Tenant will develop and
maintain a current Emergency Action Plan (EAP). The EAP must remain current and
must comply with Federal and State EAP guidelines/requirements. The basic
requirements may be located at the below-listed government web address:
http://www.fema.qov/business/quide/index.shtm
(a) The EAP will address emergency management considerations and hazard
specific information.
(b) The EAP will document a coordinated response with all jurisdictional
authorities (fire, rescue, law enforcement, transportation, etc) that have area
and key resource specific response responsibilities in the event of a natural or
terrorist disaster that would necessitate a coordinated multi-agency response.
(c) The coordination and maintenance of the EAP will be conducted with the
county government emergency preparedness office to ensure adherence to
the latest Federal Homeland Security Emergency Management guidance.
23. CONDITION. Landlord and Tenant acknowledge an existing utility easement over the
Premises. Fifteen (15) days prior to the Commencement Date Tenant agrees to execute and
deliver to Landlord a fully executed Encroachment Agreement to be approved by Landlord and
attached as Exhibit C. In the event during the term the Encroachment Agreement is cancelled or
terminated this Lease is terminated effective on the date of the Encroachment Agreement
termination.
24. DATA PRACTICES. Landlord and Tenant acknowledge they are subject to the Minnesota
Government Data Practices Act (Minnesota Statutes, Chapter 13, "the Act"), and the data and
information provided pursuant to this Lease will be maintained and administered in accordance
with the Act. Landlord and Tenant will immediately report to the other any requests from third
parties for information relating to this Lease. Landlord and Tenant agree to promptly respond to
inquiries from the other concerned data requests.
25. ENTIRE AGREEMENT. This Lease contains the entire agreement between Landlord and
Tenant with respect to its subject matter and may be amended only by subsequent written
agreement between them. Except for those which are set forth in this Lease, no
representations, warranties, or agreements have been made by Landlord or Tenant to one
another with respect to this Lease.
TENANT
City of Shakopee
Signature
Print Name
Title Date
Signature
Print Name
Title Date
LANDLORD, STATE OF MINNESOTA
DEPARTMENT OF TRANSPORTATION
COMMISSIONER OF TRANSPORTATION
By
Tom O'Keefe, P.E.
Metro Program Delivery Engineer
Date
Approved as to form and execution
OFFICE OF CONTRACT MANAGEMENT
By
Title
Date
Commercial Lease Page 9 of 14 LS1003 6/12/2014
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Commercial Lease LS1003 6/12/2014
EXHIBIT B
RULES AND REGULATIONS
1. Security. Landlord may from time to time adopt appropriate systems and procedures for the
security or safety of the adjacent highway, any persons occupying, using or entering the same,
and Tenant will comply with Landlord's requirements relative thereto.
2. Personal Use of Premises. The Premises will not be used or permitted to be used for
residential, lodging or sleeping purposes or for the storage of personal effects or property not
required for purposes set forth in Paragraph 3 of the Lease.
3. Repair, Maintenance, Alterations and Improvements. Tenant will carry out Tenant's repair,
maintenance, alterations and improvements on the Premises without disruption to the adjacent
highway.
4. Animals. Excepting dogs, Tenant will not bring any animals onto the Premises.
5. Food and Beverages. Tenant will not permit on the Premises the use of equipment for
dispensing food or beverages or the preparation, solicitation of orders for, sale, serving or
distribution of food or beverages. Tenant may permit the dispensing of animal treats and
water to pets by the pet's owner, agent, or caretaker while on the Premises.
6. Refuse. Tenant will place all refuse in proper receptacles provided by Tenant at its expense
in the Premises and will keep the Premises free of all refuse.
7. Dangerous or Immoral Activities. Tenant will not make any use of the Premises which
involves the danger of injury to any person, except as described in the Lease, or will the same
be used for any immoral purpose.
8. Employees, Agents and Invitees. In these Rules and Regulations, Tenant includes the
employees, agents, invitees and licensees of Tenant and others permitted by Tenant to use or
occupy the Premises.
Commercial Lease Page 11 of 14 LS1003 6/12/2014
(iXce,..7
l Energy
NORTHERN STATES POWER
414 NICOLLET MALI..MPI
MINNEAPOLIS,KN 55401
June 2,2014
Jamie Polley Emailed
Director of Parks,Recreation&Natural Resources jpolle) a Shalo peeMN,gov
City of Shakopee,MN canrhet i tN shentLcs∎in
1255 Fuller St.,Shakopee,MN 55379 lirmItiort tr.km'.in.c m
ENCROACHMENT AGREEMENT
Project:Southbridge Community Park Development
Lines:0900/5539 and 0976/0989
NW I/4 SE1/4,Sec. 11, 115,R22,Scott County
File:2014.0255
Dear Ms. Polley;
Please be advised that this Encroachment Agreement is not effective until signed and
returned to Xcel Energy within 30 days of the date of this letter, after that period it is
NULL and VOID.
SCOPE OF PROJECT:
Xccl Energy has reviewed the Southbridge Community Park encroachment request. This project
consists of the development of a pedestrian trail system, EMS Trail and a knee for a small breed dog
park. All proposed developments are shown on the WSB& Associates, Inc. drawings, labeled L4.1 and
L4.2,dated March 17,2014. Portions of said improvements will be constructed within the casement area
of the abovementioned lines.The encroachment meets Xcel Energy standards and is acceptable,provided
the following guidelines are adhered to:
(I) Excavation close to structure location.
A minimum distance of 10 feet of supported earth must be maintained from any part of the line
structure. Support of the ground beyond the 10 feet may be provided by a slope no greater than
three feet horizontal to one foot vertical. Support may also be provided by the use of cribbing,
sheet piling,retaining wall or tunneling. The specific plan for providing the required support and
the excavation plan for the proposed project must be submitted to Xcel Energy for review and
approval prior to construction stall.
(2) Grade change around structure location.
Commercial Lease Page 12 of 14 LS1003 6/12/2014
Page 2 of 3
6/2/2014
Fill around or above steel structure foundations is not permitted. The grade around the structures
must provide for surface water runoff— no surface water ponding around structures will be
permitted. Any cost related to the adjustment of Xcel Energy's facilities will be at the
requcstor's expense.
(3) Fill and grade change around guy wires and anchors.
Fill above the steel anchor rod onto the guy wires is not permitted. The specific plan for any
grade change or excavation in the vicinity of down guys and anchors must be submitted to Xcel
Energy for review and approval prior to construction start.
(4) Grade change within easement.
The ground elevation within the easement shall not be increased above the existing or proposed
grade. The plan set indicates areas of the project requiring grade alterations in order to help
reduce the steep slopes to the existing grade. These areas include portions of the dog park and
asphalt trail on the west side of the project, between structures 429 and 430 of Line 0900/5539,
north of Southbridge Parkway. Also,on the east side of project,additional fill is needed to match
that of the existing cul-de-sac grade to the proposed EMS trail,approximately 150'south of Line
0989/0976,Structure 86. All proposed contour changes are acceptable as shown.
Stockpiling of soil and/or material within the casement will not be permitted.
(5) Clearances to equipment and workers.
A working clearance of 25 feet between the electrical conductors and any cranes or digging
equipment used at conductor elevation in or near the easement and a clearance of 16 feet to the
physical proximity of workers must be maintained at all times. In addition,any construction near
the transmission linc(s)shall comply with all OSHA Safety Clearances. If this clearance cannot
be maintained, the contractor or developer must arrange for a line outage by calling Xccl
Energy's System Control department (Steve Rollin 612/330-2875). Adequate advanced notice
must be provided in order to schedule a line outage, if an outage is available.
The preceding two paragraph(s) must be included in a prominent location on the plan sets and
specifications given to contractors.
(6) Landscaping within the easement.
Landscaping plans were not included as a pail of this review. Detailed plans for landscaping
(including light standards) must be submitted to Xccl Enera in advance of construction for
review and approval prior to con tniction start. Generally shorter varieties of trees and shrubs,
15 feet or less mature height,may be considered. If planting is permitted,the line's voltage and
the tree's mature height and the distance from the line must be considered. For maintenance
purposes there shall be no planting within 15 feet of structure sites.
(7) Building on casements.
"there shall be no permanent or to uporary buildings allowed within the casement area.
(8) Fuel and refueling on easements.
Page 3 of 3
6/2/2014
There shall be no fuel tanks stored or refueling of vehicles and equipment within the easement.
(9) Fences on casements.
If the easement area is fenced, gates must be installed to provide access to Xcel Energy for
maintenance purposes. Chain link or other types of fences using metal material and constructed
on or near an Xcel Energy easement should be properly grounded to prevent shocks.
(10) Other.
It is mutually agreed that,when required,Xcel Energy and its maintenance vehicles may utilize
the asphalt trail and EMS trail to access its line and transmission structures,if necessary.
It is the express condition of this consent that all other terms and conditions of those certain easement(s)
covering the property shall remain in full force and effect.
A copy of the signed Encroachment Agreement shall be kept on site, available for review by Xcel
Energy representatives,until all construction and site restoration has been completed.
To acknowledge receipt of and agreement with the terms of this consent,prior to the commencement of
any activities, please sign this letter and return it to me. Fax signatures are accepted to expedite this
process_ If this signed agreement is not received back within 30 days of the date of this agreement, it
will be presumed that you are not in agreement with its content and this agreement will be considered
null and void,the file will be closed,your request will need to be resubmitted and the City or County
Zoning Office will be notified of our action. Al y changes to this original agreement shall be null and
void unless initialed by both parties,
Thank you for your courtesy and cooperation.
Sincerely, ACCEPTED:
By A4452-1441)014
- Chad Peterson Name: /-1 11.4 ale/
Sr.Land Rights Agent Its C U, srERfc
Siting and Land Rights Dept.
612-330-7825 By ntt
612-318-4749(fax) Name: ,)stn 1 tC Put/e,f
shad.t.petersonrti?xcelenergv.cont Its: I k Li, 2 S cLI,ct uvi 4 llksl64
cc:Bruce Zemke
(Line 0976/0989-NH-35318-2)
(Line 0976/0989:Str.85A-86A)
(Line 0900/5539-NH-52724-98)
(Line 0900/5539:Str.429-431)
RESOLUTION NO. 7461
A Resolution Approving a Lease Agreement with the Minnesota Department of
Transportation for Park Usage
WHEREAS, the City of Shakopee, Minnesota is constructing Southbridge Community Park
at 7101 Southbridge Parkway; and
WHEREAS, the Minnesota Department of Transportation owns 5 acres of land adjacent to
Southbridge Community Park; and
WHEREAS, the City wishes to utilize the 5 acres as part of Southbridge Community Park
for the construction of a trail and the installation of fencing.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SHAKOPEE, MINNESOTA:
1. The City Council has approved the plans and specifications for the park including
the usage of the 5 acres for park purposes.
2. The appropriate City officials are hereby authorized to enter into a lease agreement
with the Minnesota Department of Transportation for the use of the 5 acres at the
cost of$500.00 per year for 5 years.
Adopted in regular session of the City Council of the City of Shakopee,
Minnesota, held this day of , 2014.
Mayor of the City of Shakopee
ATTEST:
City Clerk