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I
<br />Trail Description
<br />
<br />The Navarre Connector is 0.17-miles long and is located from Dakota Rail Regional Trail
<br />to the Navarre Municipal Parking Lot. The portion of multi-use trail to be constructed under this
<br />Agreement is the 0.09-mile segment from the Dakota Rail Regional Trail to Livingston Avenue.
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<br />II
<br />Limited Use Permit
<br />
<br />This Agreement serves as an Irrevocable Limited Use Permit hereinafter referred to as
<br />‘Permit’ to the City for operation of the Navarre Connector. The Permit shall be permanent,
<br />shall be binding upon the County and its successors and assigns and shall be for the benefit of the
<br />City and its successors and assigns. The Permit shall be non-exclusive; provided, however, this
<br />Permit shall be prior to and superior to any other permitted use of the permitted area, hereinafter
<br />granted. Any future permit shall be subject to and subordinate to, and shall not interfere with,
<br />the Permit without the consent, in writing, of the City. The County, for itself, its successors and
<br />assigns, hereby covenants that it will not construct nor grant others the right to construct any
<br />structures or improvements within the Permit area which are inconsistent with the rights and
<br />interests herein granted to the City.
<br />
<br /> The Permit granted herein includes the right of the City and the Park District, their
<br />contractors, agents, and employees to locate, install, construct, reconstruct, operate, maintain,
<br />inspect, alter and repair within the described Permit area any of the following facilities and
<br />amenities: public sidewalk or trail, trail signage, informational kiosks, benches, bike racks,
<br />fences, trail bridges/tunnels and any other trail related structure.
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<br />The City and the Park District shall at all times have the right to keep the Permit area
<br />clear of all buildings, structures, fences, trees, shrubbery, undergrowth, roots and other
<br />obstructions that may interfere with or endanger usage of the Navarre Connector.
<br />
<br />This Permit is for public trailway purposes only. The Navarre Connector shall be open to
<br />the general public and can be used exclusively for outdoor recreation and non-motorized
<br />commuting including but not limited to walking, jogging, skating, biking, and uses allowed
<br />under State and Federal law including, but not limited to, other personal driven mobility devices
<br />(OPDMD’s) and electric personal assistive devices. In addition, motor vehicles used for
<br />maintenance, law enforcement or other public uses will be permitted within the Permit area.
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<br /> The County warrants that it will defend and indemnify the City against any loss, expense
<br />or interruption to the contiguity of the Navarre Connector, and, further, shall, at its own expense,
<br />take all necessary action, including, but not limited to, the use of eminent domain to obtain
<br />property rights where County lost property rights for purposes of establishing a continuous and
<br />contiguous trail corridor. These obligations of the County may be specifically enforced by City,
<br />and further, all costs of such enforcement, including reasonable attorney’s fees, shall be paid by
<br />the County.
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