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Home My WebLink About5(K) Limited Used Permit - Report Phone 952.447.9800 / Fax 952.447.4245 / www.cityofpriorlake.com 4646 Dakota Street SE Prior Lake, MN 55372 CITY COUNCIL AGENDA REPORT MEETING DATE: MAY 6, 2019 AGENDA #: 5K PREPARED BY: ANDY BROTZLER, INTERIM PUBLIC WORKS DIRECTOR PRESENTED BY: ANDY BROTZER AGENDA ITEM: CONSIDER APPROVAL OF A RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE A LIMITED USE PERMIT WITH THE STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION FOR THE CONSTRUCTION OF A NON-MOTORIZED RECREATIONAL TRAIL SEGMENT IN THE PERIMETER OF TH13 AND CSAH21. GOAL AREA AND OBJECTIVE: Transportation & Mobility 1. Integrate trails to link neighborhoods with city and regional assets. DISCUSSION: Introduction The City Council is being asked to authorize a Limited Use Permit (LUP) with the State of Minnesota Department of Transportation for the construction of a non- motorized recreational trail along TH13 and CSAH21. This permit is necessary to construct and maintain the trail within State right-of-way. History As part of the TH13 and CSAH21 construction, the City of Prior Lake is requesting a Limited Use Permit to construct and maintain a non-motorized trail. Current Circumstances The project alomg TH13 and CSAH21 is set to begin and it is an appropriate time to request the LUP. Conclusion Staff recommends approval of the Limited Use Permit. ISSUES: The Limited Use Permit is a standard document which is required by MnDOT anytime City owed infrastructure is constructed within their right-of-way. The LUP will be subject to renewal by MnDOT every 10 years. This is standard protocol for MnDOT that provides them with the flexibility to expand roadways in the future if necessary. It is not anticipated that TH13 will be expanded in the foreseeable future and do not anticipate any issues with future renewal of the permit. FINANCIAL IMPACT: The trail will be owned and maintained by the City, similar to the trail that was constructed in 2018 as part of the TH13 from Five Hawks to Anna Trail. ALTERNATIVES: 1. Motion and second as part of consent agenda to adopt the Resolution Authorizing a Limited Use Permit with the State of Minnesota Department of Transportation for the construction of a non-motorized recreational trail along TH13 and CSAH21. 2. Motion and second to remove this item from the consent agenda for further discussion. RECOMMENDED MOTION: Alternative #1 RESOLUTION NO 19- CITY OF PRIOR LAKE LIMITED USE PERMIT WITH THE STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION FOR A NON-MOTORIZED RECREATIONAL TRAIL IN THE RIGHT- OF-WAY OF TRUNK HIGHWAY 13 AT CSAH21 WHEREAS, the City of Prior Lake is a political subdivision, organized and existing under the laws of the State of Minnesota; and, WHEREAS, the City Council of the City of Prior Lake has approved a plan to construct a non-motorized recreational trail in the right-of way of Trunk Highway 13 to promote the orderly and safe crossing of the highway; and, WHEREAS, the State of Minnesota, Department of Transportation requires a Limited Use Permit for the construction and utilization of said pedestrian trail. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Prior Lake hereby enters into a Limited Use Permit with the State of Minnesota, Department of Transportation for the following purposes: To construct, operate and maintain a non-motorized recreational trail within the right- of- way of Trunk Highway 13 of the State of Minnesota along CSAH 21 The City of Prior Lake shall construct, operate and maintain said trail in accordance with the Limited Use Permit granted by the Minnesota Department of Transportation. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Mayor and the City Manager are authorized to execute the Limited Use Permit and any amendments to the Permit. CERTIFICATION I certify that the above Resolution is an accurate copy of the Resolution adopted by the City Council of the City of Prior Lake at an authorized meeting held on the 6th day of May, 2019, as shown by the minutes of the meeting in my possession. (Signature) (Type or Print Name) (Title) Subscribed and sworn to before me this ______ day of _________, 20__ Notary Public ___________________ My Commission Expires _________ NOTARY STAMP shermanpe9:24:14 AM3/11/2019pdf-B and W.pltcfgbmi.tblH:\SCCO\T42113838\CAD\MS\plans\Construction Plan & Profile\cd7001127_cp008.dgn SHEET OF DATEBYREV. 12224 NICOLLET AVENUE BURNSVILLE, MINNESOTA 55337 Phone: (952) 890-0509 Email: Burnsville@bolton-menk.com www.bolton-menk.com DESIGNED DRAWN CHECKED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA. BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPARED DATELIC. NO. R FEETSCALE 250 50 S.P. 7001-127, S.P. 070-621-032 S.P. 201-101-006, S.P. 201-130-002VPI +35.00EL. 945.53+1.79% 200.00' V.C. K = 229 SSD = 1337'943.11944.00944.81945.51945.49944.82944.27944.14943.92943.51943.21942.96942.97943.43943.55943.94944.44944.85945.73VPI +60.00EL. 937.01-2 .54%+1.79% 600.00' V.C. K = 139 942.63941.78941.10940.61940.30940.17940.22940.44940.85941.44942.22942.63 PROPOSED945.49 EXISTING(60 MPH) (66 MPH) { PLEASANT ST SE VPT +60.00 EL. 942.39VPC +35.00 EL. 943.74ELEV. 940.16' STA: 1258+11.54 LOW POINT 950 945 930 935 940 12601259125812571256 1261 1262 950 945 930 935 940 14 1256 1256 C.S.A.H. 21 - T.H. 13 CONSTRUCTION PLAN & PROFILE 129 381DEREK J. ARENS 52673 01-21-2019 BAU SJP DJA 1260 1260 10MATCHLINE STA. 1255+50MATCHLINE STA. 1262+50{ T.H. 13 NB { T.H. 13 SB T.H. 13 NORTHBOUND PROFILE ST SEPLEASANT14' TURN LANE 14' THRU LANE13' THRU LANE 12' THRU LANE 10' SHLD 10' SHLD 6' BLVD 1:10 13' TURN LANE EXISTING GROUNDLINE FINISHED GRADE TRAFFIC 65'R18'R 2'R 2' LT +34 32'R 6' LT +34 2' RT +31 26' LT +55 96' LT +67 97' LT +83 95' LT +85 88' LT +85 64' LT +81 10' TRAIL 1:7.5 1:7.5 10' TRAIL 1 1 12' RT +35 S512 S524 S524 S524B618S524B424 L T.H. 13 TR SEA S512 18'FINISHED GRADE 33'B61267' LT +00 1 26' LT +05 20' LT +99 20' LT +82 23' LT +80 935.75' TOP OF GEOFOAM 935.75' TOP OF GEOFOAM EXTENTS GEOFOAM EXTENTS GEOFOAM 67' LT +04 63' LT +5949'R 48'R22' LT +33 6'R R2' 2' MIN.SLOPEMAX 1:2B424 B424 13 ' THRU LANE 10 ' SHLD S524 INSET A 23' RT +95 24' RT +71 26' RT +11 16' RT +49 16' RT +30 63' LT +89 68' LT +05 68' LT +30 32' RT +30 33' RT +6730' RT +1930' RT +56 41' RT +70 42' RT +87 40' RT +26 39' RT +66 38' RT +13 55' LT +52 54' LT +85 52' LT +8751' LT +4652' LT +2252' LT +9753' LT +72 S512 1' RT +88 13' LT +33 1' LT +13 WIDTH 10' WIDTH 7' WIDTH 5.8' 1 1 DETAILS. INTERSECTION AND PEDESTRIAN RAMP 1. SEE INTERSECTION DETAIL SHEETS FOR GENERAL NOTES: GUTTER OUT CURB LOCATIONS. PLAN FOR SUPERELEVATION DESIGN AND SEE TURF ESTABLISHMENT & SUPERELEVATION.2. SECTIONS. 3. FOR PAVEMENT DESIGNS SEE TYPICAL TRAFFIC FLOW 2 STANDARD PLATE 7113 CONCRETE MEDIAN NOSE 1 TEMPORARY EASEMENT EXISTING RIGHT-OF-WAY PROPOSED RIGHT-OF-WAY CONSTRUCTION LIMITS PROPOSED RETAINING WALL LEGEND TRAFFIC BARRIER TYPE 31 BITUMINOUS TRAIL 4" CONCRETE WALK CONCRETE MEDIAN/ TANGENT TERMINAL END TREATMENT- PROPOSED LIGHT POLE AREA UTILITY STRUCTURE DESIGNATED PRIVATE AND CABINETS LIGHTING SYSTEM HANDHOLES PAVEMENT PAVEMENT/8" CONCRETE 8" CONCRETE DRIVEWAY U DRIVEWAY AGGREGATE SHOULDER/ shermanpe9:24:17 AM3/11/2019pdf-B and W.pltcfgbmi.tblH:\SCCO\T42113838\CAD\MS\plans\Construction Plan & Profile\cd7001127_cp009.dgn SHEET OF DATEBYREV. 12224 NICOLLET AVENUE BURNSVILLE, MINNESOTA 55337 Phone: (952) 890-0509 Email: Burnsville@bolton-menk.com www.bolton-menk.com DESIGNED DRAWN CHECKED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA. BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPARED DATELIC. NO. R FEETSCALE 250 50 S.P. 7001-127, S.P. 070-621-032 S.P. 201-101-006, S.P. 201-130-002 +0.92%VPI +10.00EL. 948.06+0.92% +2.25%VPC +22.50 EL. 947.26946.10946.59947.05947.54948.20949.05950.09951.21952.33946.38947.44947.18947.93948.69949.75950.96952.17953.25ROUNDABOUT 175.00' V.C. K = 132 945.51 PROPOSED945.73 EXISTING{ C.S.A.H. 21 EB { C.S.A.H. 21 WB +2.25%VPT +35.00 EL. 946.45VPT +97.50 EL. 950.03VPC +06.00 EL. 952.471263 1264 1265 1266 1267 950 945 935 940 955 950 945 935 940 955 1263 1263 1267 1267 C.S.A.H. 21 - T.H. 13 CONSTRUCTION PLAN & PROFILE 130 381DEREK J. ARENS 52673 01-21-2019 BAU SJP DJA 1265 126515100100MATCHLINE STA. 1262+50MATCHLINE STA. 1267+25T.H. 13 NORTHBOUND PROFILE TRAFFIC { T.H. 13 NB { T.H. 13 SB { C.S.A.H. 21 WB { C.S.A.H. 21 EB EXISTING GROUNDLINE FINISHED GRADE 24 '2 4' 20' 1 6'16'20' 1 6' 1 6' 18' THRU LANE 14' THRU LANE 14' TURN LANE 14' THRU LANE 180' 46'R 58'R 6' BLVD 80'R 400' R95'R90'R 98'R90'R 90'R 30' RT +78 50' RT +31 30' RT +55 38' RT +24 19' RT +85 17' RT +84 26' LT +71 26' LT +62 30' LT +68 27' LT +91 32' RT +26 18' LT +48 16' LT +92 26' LT +44 1 :5 1:5 10' TRAIL 10' TRAIL 10' TRAIL 10' TRAIL 1:7.5 4' S524 S524 S524 S524S524 S512S524S524 S524 S512 B424 R424 16'16'16'15' L T.H. 13 TR SEA B424 SP B412 SP INSET A INSET A S512 30' LT +84 CURB LINES REPRESENT THE FUTURE DESIGN. DESIGNED FOR FUTURE EXPANSION. DASHED THE T.H. 13/C.S.A.H. 21 ROUNDABOUT IS7. GUTTER OUT CURB LOCATIONS. PLAN FOR SUPERELEVATION DESIGN AND SEE TURF ESTABLISHMENT & SUPERELEVATION.6. LOCATIONS. SPECIAL AND 4" CONCRETE WALK SPAECIAL 1 SEE STREETSCAPE PLANS FOR 4" CONCRETE WALK5. SECTIONS. FOR PAVEMENT DESIGNS SEE TYPICAL4. VARIABLE CROSS SLOPES. SEE GRADING SHEETS FOR ROUNDABOUT3. SPLITTER ISLAND INFORMATION. SEE MISCELLANEOUS DETAILS FOR ROUNDABOUT2. DETAILS. INTERSECTION AND PEDESTRIAN RAMP SEE INTERSECTION DETAIL SHEETS FOR1. GENERAL NOTES: LINE FUTURE CURB LINE FUTURE CURB TRAFFIC FLOW 2 STANDARD PLATE 7113 CONCRETE MEDIAN NOSE 1 TEMPORARY EASEMENT EXISTING RIGHT-OF-WAY PROPOSED RIGHT-OF-WAY CONSTRUCTION LIMITS PROPOSED RETAINING WALL LEGEND TRAFFIC BARRIER TYPE 31 BITUMINOUS TRAIL 4" CONCRETE WALK CONCRETE MEDIAN/ TANGENT TERMINAL END TREATMENT- PROPOSED LIGHT POLE AREA UTILITY STRUCTURE DESIGNATED PRIVATE AND CABINETS LIGHTING SYSTEM HANDHOLES PAVEMENT PAVEMENT/8" CONCRETE 8" CONCRETE DRIVEWAY U DRIVEWAY AGGREGATE SHOULDER/ shermanpe9:24:20 AM3/11/2019pdf-B and W.pltcfgbmi.tblH:\SCCO\T42113838\CAD\MS\plans\Construction Plan & Profile\cd7001127_cp010.dgn SHEET OF DATEBYREV. 12224 NICOLLET AVENUE BURNSVILLE, MINNESOTA 55337 Phone: (952) 890-0509 Email: Burnsville@bolton-menk.com www.bolton-menk.com DESIGNED DRAWN CHECKED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA. BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPARED DATELIC. NO. R FEETSCALE 250 50 S.P. 7001-127, S.P. 070-621-032 S.P. 201-101-006, S.P. 201-130-002954.15954.70954.61955.00955.16955.28955.43955.27955.03954.54954.65954.14953.59952.84951.99953.36 PROPOSED954.04 EXISTING{ DAKOTA ST SEVPI +96.00EL. 954.49+2.25% +0.50% 180.00' V.C. K = 103 SSD = 709'955.33VPT +86.00 EL. 954.94955.01955.261:20 (60 MPH) ELEV. 953.37' STA: 1270+07.83 HIGH POINT 1274 127012691268 1271 1272 1273 950 945 955 960 950 945 955 960 1273 1273 C.S.A.H. 21 - T.H. 13 CONSTRUCTION PLAN & PROFILE 131 381DEREK J. ARENS 52673 01-21-2019 BAU SJP DJA 965 965 1274 U 1270 1270 1 2 7 5 { T.H. 13 NBMATCHLINE 1273+50{ T.H. 13 SB S512 END S.P. 7001-127 T.H. 13 NB STA. 1275+33.52 (BY OTHERS) PROJECT IN THIS AREA. T.H.13, S.P. 7001-116 INSET A 17' LT +33 17' LT +28 5' LT +28 S512 S512 10 ' SHLD 14' THRU LANE 14' THRU LANE 8' SHLDMATCHLINE STA. 1267+25{ T.H. 13 NB { T.H. 13 SB 14' THRU LANE 14' THRU LANE 14' TURN LANE T.H. 13 NORTHBOUND PROFILE TRAFFIC FINISHED GRADE EXISTING GROUNDLINE EXISTING GROUNDLINE 30'R 28'R1064'R27' RT +31 27' RT +74 27' RT +67 87' LT +80 55' LT +79 19' LT +20 STA. 1269+63.25 T.H. 13 NB END PROFILE 10' TRAIL S524 S524 S512 S512 S512DAKOTA ST SEDAKOTA ST SE1 10' TRAIL 55' RT +96 97' RT +99 74' LT +25 43'R SEE INSET AMATCHLINE 1273+50FINISHED GRADE FOR MORE INFORMATION MISCELLANEOUS DETAILS DEPRESSION. SEE PROVIDE 10' MEDIAN 6' BLVD 14' TURN LANE 12' THRU LANE 14' GORE AREA 14' THRU LANE 8'-10' SHLD INSET A INSET H STA. 1275+33.52 OVERLAY SECTION UNTIL CONTINUE MILL & 38' LT +69 40' LT +57 26' LT +49 27' RT +63 2' RT +63 2' LT +58 57' RT +35 30'R 1 107' RT +35U ENERGY REGULATORY STATION UTILITY AREA FOR CENTERPOINT WIDTH 19.6' GUTTER OUT CURB LOCATIONS. PLAN FOR SUPERELEVATION DESIGN AND SEE TURF ESTABLISHMENT & SUPERELEVATION.3. SECTIONS. FOR PAVEMENT DESIGNS SEE TYPICAL2. DETAILS. INTERSECTION AND PEDESTRIAN RAMP SEE INTERSECTION DETAIL SHEETS FOR1. GENERAL NOTES: TRAFFIC FLOW 2 STANDARD PLATE 7113 CONCRETE MEDIAN NOSE 1 TEMPORARY EASEMENT EXISTING RIGHT-OF-WAY PROPOSED RIGHT-OF-WAY CONSTRUCTION LIMITS PROPOSED RETAINING WALL LEGEND TRAFFIC BARRIER TYPE 31 BITUMINOUS TRAIL 4" CONCRETE WALK CONCRETE MEDIAN/ TANGENT TERMINAL END TREATMENT- PROPOSED LIGHT POLE AREA UTILITY STRUCTURE DESIGNATED PRIVATE AND CABINETS LIGHTING SYSTEM HANDHOLES PAVEMENT PAVEMENT/8" CONCRETE 8" CONCRETE DRIVEWAY U DRIVEWAY AGGREGATE SHOULDER/ LUP – Standardized LUP Form Page 1 of 6 LU1001 5/1/2019 STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION LIMITED USE PERMIT C.S. 7001 (T.H. 13) County of Scott LUP # 7001-0024 Permittee: City of Prior Lake Terminates: 01/05/2028 In accordance with Minnesota Statutes Section 161.434, the State of Minnesota, through its Commissioner of Transportation, (“MnDOT”), hereby grants a Limited Use Permit (the “LUP”) to City of Prior Lake, (“Permittee”), to use the area within the right of way of Trunk Highway No. 13 as shown in red on Exhibit "A", (the “Area”) attached hereto and incorporated herein by reference. This Limited Use Permit is executed by the Permittee pursuant to resolution, a certified copy of which is attached hereto as Exhibit B. Non-Motorized Recreational Trail The Permittee's use of the Area is limited to only the constructing, maintaining and operating a nonmotorized recreational trail ("Facility") and the use thereof may be further limited by 23 C.F.R. 652 also published as the Federal-Aid Policy Guide. In addition, the following special provisions shall apply: SPECIAL PROVISIONS 1. TERM. This LUP terminates at 11:59PM on 01/05/2028 (“Expiration Date”) subject to the right of cancellation by MnDOT, with or without cause, by giving the Permittee ninety (90) days written notice of such cancellation. This LUP will not be renewed except as provided below. Provided this LUP has not expired or terminated, MnDOT may renew this LUP for a period of up to ten (10) years, provided Permittee delivers to MnDOT, not later than ninety (90) days prior to the Expiration Date, a written request to extend the term. Any extension of the LUP term will be under the same terms and conditions in this LUP, provided: (a) At the time of renewal, MnDOT will review the Facility and Area to ensure the Facility and Area are compatible with the safe and efficient operation of the highway and the Facility and Area are in good condition and repair. If, in MnDOT’s sole determination, LUP – Standardized LUP Form Page 2 of 6 LU1001 5/1/2019 modifications and repairs to the Facility and Area are needed, Permittee will perform such work as outlined in writing in an amendment of this LUP; and (b) Permittee will provide to MnDOT a certified copy of the resolution from the applicable governmental body authorizing the Permittee’s use of the Facility and Area for the additional term. If Permittee’s written request to extend the term is not timely given, the LUP will expire on the Expiration Date. Permittee hereby voluntarily releases and waives an y and all claims and causes of action for damages, costs, expenses, losses, fees and compensation arising from or related to any cancellation or termination of this LUP by MnDOT. Permittee agrees that it will not make or assert any claims for damages, costs, expenses, losses, fees and compensation based upon the existence, cancellation or termination of the LUP. Permittee agrees not to sue or institute any legal action against MnDOT based upon any of the claims released in this paragraph. 2. REMOVAL. Upon the Expiration Date or earlier termination, at the Permittee’s sole cost and expense Permittee will: (a) Remove the Facility and restore the Area to a condition satisfactory to the MnDOT District Engineer; and (b) Surrender possession of the Area to MnDOT. If, without MnDOT’s written consent, Permittee continues to occupy the Area after the Expiration Date or earlier termination, Permittee will remain subject to all conditions, provisions, and obligations of this LUP, and further, Permittee will pay all costs and expenses, including attorney’s fees, in any action brought by MnDOT to remove the Facility and the Permittee from the Area. 3. CONSTRUCTION. The construction, maintenance, and supervision of the Facility shall be at no cost or expense to MnDOT. Before construction of any kind, the plans for such construction shall be approved in writing by the MnDOT's District Engineer. Approval in writing from MnDOT District Engineer shall be required for any changes from the approved plan. The Permittee will construct the Facility at the location shown in the attached Exhibit "A", and in accordance with MnDOT-approved plans and specifications. Further, Permittee will construct the Facility using construction procedures compatible with the safe and efficient operation of the highway. Upon completion of the construction of the Facility, the Permittee shall restore all disturbed slopes and ditches in such manner that drainage, erosion control and aesthetics are perpetuated. LUP – Standardized LUP Form Page 3 of 6 LU1001 5/1/2019 The Permittee shall preserve and protect all utilities located on the lands covered by this LUP at no expense to MnDOT and it shall be the responsibility of the Permittee to call the Gopher State One Call System at 1-800-252-1166 at least 48 hours prior to performing any excavation. Any crossings of the Facility over the trunk highway shall be perpendicular to the centerline of the highway and shall provide and ensure reasonable and adequate stopping sight distance. 4. MAINTENANCE. Any and all maintenance of the Facility shall be provided by the Permittee at its sole cost and expense, including, but not limited to, plowing and removal of snow and installation and removal of regulatory signs. No signs shall be placed on any MnDOT or other governmental agency sign post within the Area. MnDOT will not mark obstacles for users on trunk highway right of way. 5. USE. Other than as identified and approved by MnDOT, no permanent structures or no advertising devices in any manner, form or size shall be allowed on the Area. No commercial activities shall be allowed to operate upon the Area. Any use permitted by this LUP shall remain subordinate to the right of MnDOT to use the property for highway and transportation purposes. This LUP 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 (f) of the Federal-Aid Highway Act of 1968, nor does this permit establish a Bikeway or Pedestrian way which would require replacement pursuant to Minnesota Statutes Section 160.264. No rights to relocation benefits are established by this LUP. This LUP is non-exclusive and is granted subject to the rights of others, including, but not limited to public utilities which may occupy the Area. 6. APPLICABLE LAWS. This LUP does not release the Permittee from any liability or obligation imposed by federal law, Minnesota Statutes, local ordinances, or other agency regulations relating thereto and any necessary permits relating thereto shall be applied for and obtained by the Permittee. Permittee at its sole cost and expense, agrees to comply with, and provide and maintain the Area, Facilities in compliance with all applicable laws, rules, ordinances and regulations issued by any federal, state or local political subdivision having jurisdiction and authority in connection with said Area including the Americans with Disabilities Act (“ADA”). If the Area and Facilities are not in compliance with the ADA or other applicable laws MnDOT may enter the Area and perform such obligation without liability to Permittee for any loss or damage to Permittee thereby incurred, and Permittee shall reimburse MnDOT for the cost thereof, plus 10% of such cost for overhead and supervision within 30 days of receipt of MnDOT’s invoice. LUP – Standardized LUP Form Page 4 of 6 LU1001 5/1/2019 7. CIVIL RIGHTS. The Permittee for itself, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree that in the event improvements are constructed, maintained, or otherwise operated on the Property described in this Limited Use Permit for a purpose for which a MnDOT activity, facility, or program is extended or for another purpose involving the provision of similar services or benefits, the Permittee will maintain and operate such improvements and services in compliance with all requirements imposed by the Acts and Regulations relative to nondiscrimination in federally-assisted programs of the United States Department of Transportation, Federal Highway Administration, (as may be amended) such that no person on the grounds of race, color, national origin, sex, age, disability, income- level, or limited English proficiency will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said improvements. 8. SAFETY. MnDOT shall retain the right to limit and/or restrict any activity, including the parking of vehicles and assemblage of Facility users, on the highway right of way over which this LUP is granted, so as to maintain the safety of both the motoring public and Facility users. 9. ASSIGNMENT. No assignment of this LUP is allowed. 10. IN WRITING. Except for those which are set forth in this LUP, no representations, warranties, or agreements have been made by MnDOT or Permittee to one another with respect to this LUP. 11. ENVIRONMENTAL. The Permittee shall not dispose of any materials regulated by any governmental or regulatory agency onto the ground, or into any body of water, or into any container on the State’s right of way. In the event of spillage of regulated materials, the Permittee shall notify in writing MnDOT’s District Engineer and shall provide for cleanup of the spilled material and of materials contaminated by the spillage in accordance with all applicable federal, state and local laws and regulations, at the sole expense of the Permittee. 12. MECHANIC’S LIENS. 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 shall be filed or maintained by it or by any subcontractor, materialmen or other person or persons acting for, through or under it or any of them against the work and/or 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 supplement thereto. 13. NOTICES. All notices which may be given, by either party to the other, will be deemed to have been fully given when served personally on MnDOT or Permittee or when made in writing addressed as follows: to Permittee at: and to MnDOT at: City of Prior Lake State of Minnesota City Hall Department of Transportation 4646 Dakota St. SE Metro District Right of Way LUP – Standardized LUP Form Page 5 of 6 LU1001 5/1/2019 Prior Lake, MN 55372-1714 1500 W. 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. 14. INDEMNITY. Permittee shall defend, indemnify, hold harmless and release the State of Minnesota, its Commissioner of Transportation and employees and its successor s and assigns, from and against: (a) all claims, demands, and causes of action for injury to or death of persons or loss of or damage to property (including Permittee's property) occurring on the Facility or connected with Permittee's use and occupancy of the Area, regardless of whether such injury, death, loss or damage is caused in part by the negligence of State of Minnesota or is deemed to be the responsibility of State of Minnesota because of its failure to supervise, inspect or control the operations of Permittee or otherwise discover or prevent actions or operations of Permittee giving rise to liability to any person. (b) claims arising or resulting from the temporary or permanent termination of Facility user rights on any portion of highway right of way over which this LUP is granted; (c) claims resulting from temporary or permanent changes in drainage patterns resulting in flood damages; (d) any laborers', mechanics', or materialmens' liens or other liens or claims of any kind whatsoever filed or maintained for or on account of any work done or materials furnished ; and (e) any damages, testing costs and clean-up costs arising from spillage of regulated materials attributable to the construction, maintenance or operation of the Facility. LUP – Standardized LUP Form Page 6 of 6 LU1001 5/1/2019 MINNESOTA DEPARTMENT OF TRANSPORTATION RECOMMENDED FOR APPROVAL CITY OF PRIOR LAKE By_______________________________ Its____________________________ And______________________________ Its____________________________ By:_____________________________ District Engineer Date____________________________ APPROVED BY: COMMISSIONER OF TRANSPORTATION By:_______________________________ Director, Office of Land Management Date______________________________ The Commissioner of Transportation by the execution of this permit certifies that this permit is necessary in the public interest and that the use intended is for public purposes.