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HomeMy WebLinkAbout6.i. Brockway Park - Authorize Encroachment - Agreement with Koch Pipeline Company LP.AGENDA ITEM: Brockway Park Authorize Encroachment Agreement with Koch Pipeline Company LP. AGENDA SECTION: Consent PREPARED BY: Dan Schultz, Parks Recreation Director AGENDA NO. p. ATTACHMENTS: Encroachment Agreement APPROVED BY: DD. RECOMMENDED ACTION: Motion to Approve an Encroachment Agreement with Koch Pipeline for Improvements at Brockway Park and Authorize the Necessary Signatures. 4 ROSEMOUNT City Council Meeting: October 6, 2009 ISSUE City staff requests Council authorization to execute an agreement with Koch Pipeline for work associated with the construction of Brockway Park BACKGROUND CITY COUNCIL EXECUTIVE SUMMARY Please find attached for Council consideration an agreement with Koch Pipeline for construction of Brockway Park, including park trails and a ball field, over the existing petroleum pipeline within a private easement located within the Harmony Addition. A copy of the agreement has been reviewed by the City Attorney. SUMMARY Staff recommends Council authorization of the attached agreement with Koch Pipeline. KOCH PIPES f E COMPANY LP P.O. Box 2913, Wichita, Kansas 67201 -2913 ENCROACHMENT PERMIT "PERMIT By: KOCH PIPELINE COMPANY, L.P. (KPL) (hereinafter referred to as "PERMITTOR Permit :Number: PL 130325 PERMITTEE: City of Rosemount Date: 09 -18 -09 Name: Tom Schuster Address: 13885 S. Robert Trail Rosemount, MN 55068 Attention: Phone: 651- 322 -6005 Fax: 651- 322 -6080 LEGAL DESCRIPTION OF PROPERTY LOCATION: SE Quarter of Sec 20 T 115 N R 19W. Dakota County, MN. Bronze Parkway Brockway Avenue. DESCRIPTION OF PERMITTED FACILITY: (hereinafter referred to as the "Permitted Facilities Crossing above pipelines with a minimum clearance of 24" or crossing shall be under pipelines if 24" clearance cannot be maintained at Tract What: Minor Grading work and Bike Path construction in Where: Bronze Parkway Brockway Avenue easement. Two 8' wide bituminous trails. Diagram: One Call Ticket 90322215 This Permit is granted subject to the Conditions and Special Provisions provided hereafter. CONDITIONS 1 The Permit herein granted is subject to the existing easement ownership rights of Permittor. 2 Permittee will construct, maintain, relocate, and remove the Permitted Facilities at no expense to Permittor. 3 Permittee covenants and agrees to notify or cause its representative to notify the appropriate state One -Call notification center as required by law, but in no event less than 48 hours prior to the commencement of excavation or other construction work in or near Permittor's easement area "Easement Area In addition, Permittee must notify Permittor at least 48 hours before work commences on or near the Easement Area. No work shall take place without Permittor's staff being given the opportunity to be present at the specified worksite. Further, if Permittor determines that any proposed work may potentially cause an unsafe condition or damage to the Permittor facilities, Permittor shall have the authority to immediately prevent such work from being done by giving notice to Permittee. 4 Permittee shall supply such plans, surveys, and drawings as Permittor deems necessary. 5 This Permit shall be revocable by Permittor in the event of Permittee's noncompliance with any requirements, conditions, or specifications of this Permit, upon notice to Permittee and/or the owner of record. Should Permittor revoke this Permit, Permittee shall relocate and/or remove the Permitted Facilities at no expense or risk to Permittor. 6 To the fullest extent permitted by law, Permittee agrees to release, defend, protect, indemnify, and hold harmless Permittor, its parent company, partners, subsidiaries and any other related or affiliated entity, and their respective officers, agents, directors, employees, and shareholders (collectively the "Indemnified Parties against any and all claims, liabilities, damages, demands, lawsuits, causes of action, strict liability claims, penalties, fines, administrative law actions and orders, expenses (including, but not limited to, attorney's fees and other costs of defense) and costs of every kind and character (collectively "Claims/Liabilities"), arising from or in any way connected to the Encroachment Permit installation, maintenance, repair, removal and /or presence of the Permitted Facilities regardless of whether such harm is to Permittee, the Indemnified Parties or any other person or entity. The duty to release, defend, protect, indemnify and hold the Indemnified Parties harmless shall include, but not be limited to, Claims/Liabilities that result from the comparative, concurrent or contributing neolioence of any person or entity including, but not limited to, the Indemnified Parties, except Permittee shall not be liable under this section for Claims/Liabilities resulting from the sole neolioence of the Indemnified Parties. Permittee's duties under this section shall survive the termination, revocation, or expiration of this Permit. Nothing herein shall be deemed a waiver by Permitee of the limitations of liability set forth in Minnesota Statutes, Chapter 466. 7 Permittee agrees that Permittor may remove, at Permittee's expense, any Permitted Facilities or portion thereof, if in Permittor's judgment it is reasonably necessary to do so in order to construct, alter, maintain, repair, or replace Permittor's Facilities located within the Easement Area, or in order to construct or install new facilities. 8 Permittee agrees that it has the affirmative obligation to ensure that any corrosion control device or system utilized in connection with, or any condition, natural or artificial, created as a result of, the Permitted Facilities will be compatible with any device or system utilized by Permittor to control corrosion on its facilities. In the event of such failure, Permittor will have the right to compel the discontinuance of the use of Permittee's device or system, make such modifications to said device or system or correct any condition created as a result of the Permitted Facilities at Permittee's cost, risk and expense so as to ensure the compatibility of the Permitted Facilities with Permittor's corrosion control system. 9 All Permitted Facilities shall be constructed and maintained to comply with all laws and industry standards. In addition, Permittee shall perform any requirements set forth in the Special Provisions section below. To the extent that any of the requirements set forth in the Special Provisions section conflict with or are more stringent than the requirements set forth in this Permit, the requirements set forth in Special Provisions shall have priority. 10 The permission herein granted by Permittor is limited to its interest and authority in the subject land and Permittee acknowledges the possible obligation to obtain the required permission from other parties of interest or the local, state or federal government. Permittor permits the Permitted Facilities only to the extent it may do so by law. 11 Permittee accepts full liability for any damage to Permittor's facilities from the placement, operation and/or maintenance of the Permitted Facilities. 12 Permittee covenants and agrees that it shall provide actual notice of the terms and conditions of this Permit and of Permittor's easement rights to all transferees of all or any part of Permittee's interest in the applicable property. 13 Permittee agrees that the violation of any of the terms and conditions of this Permit would be irreparable and immediately harmful to Permittor and that Permittor shall be entitled to enforce the terms and conditions of this Permit through. injunctive proceedings, specific performance or other equitable relief in addition to such other remedies as may be available at law or contractually. 14 Except to the extent prior written approval is granted by Permittor, at no time will Permittee remove or permit the removal of the existing earth cover from over the Permittor facilities such that Permittor would be in violation of any existing law, regulation or order. 15 All covenants, warranties and agreements herein contained shall be deemed to be running with the land and shall extend to and be binding on the respective heirs, legal representatives, successors and assigns of the parties hereto. Special Provisions: 1. Cover over the pipeline shall be maintained at current depth and no heavy equipment on pipeline when less than five feet (5') of cover exists. 2. Hand digging shall be utilized within two feet (2') of the pipeline. 3. Hand compaction is necessary up to ten feet (10') either side of the pipeline. 4. Pipelines shall be totally exposed if any part of the encroachment is installed by boring. 5. Permitted Facilities shall have a minimum clearance of 24" from the pipeline. Permittor's Main Contact: Koch Pipeline Company LP Permittor's Local Contact Name: Bonnie Bowers Name: Tyson Mingo Address: P.O. Box 64596, St. Paul, MN 55164 Address: P.O. Box 67, Cottage Grove, MN 55016 Telephone 651 -438 -1563 Telephone 651-459-2424 Fax 651 -480 -3827 Fax 651- 459 -2540 Cell: 612- 868 -3495 Cell: 952- 451 -6046 In the event of an EMERGENCY: (Insert correct emergency number) The undersigned acknowledges a review of the Conditions, Requirements, and Special Provisions with a KPL representative and agrees to the same. SIGNED this day of 2009 PERMITEE: By Printed Name: Title: PERMITTOR: KOCH PIPELINE COMPANY, L.P By Printed Name: Mike Kostelecky Title Operations Supervisor PERMITTOR: By Printed Name: Bonnie Bowers Title: Right of Way Agent In the event that the Operations Area recommends recording the encroachment, the page hereafter shall serve for recording purposes. [ACKNOWLEDGMENT INSERTED FOR THE PURPOSE OF RECORDING] STATE OF COUNTY OF This instrument was acknowledged before me on this day of 2 by ,the of On behalf of said My Commission Expires: STATE OF COUNTY OF On behalf of said My Commission Expires: NOTARY PUBLIC This instrument was acknowledged before me on this day of 2 by ,the of NOTARY PUBLIC