04-22-2024 CC Agenda Packet - Laserfiche WebLink

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April 9, 2024 1 CITY OF ORONO AND THREE RIVERS PARK DISTRICT DAKOTA RAIL - LUCE LINE CONNECTOR REGIONAL TRAIL COOPERATIVE AGREEMENT This agreement (the “Agreement”) is made and entered into this ___ day of ________________ 2024, by and between the Three Rivers Park District, a body corporate and politic and a political subdivision of the State of Minnesota (“Park District”), and the City of Orono, a Minnesota municipal corporation (“City”). WHEREAS, Park District is a political subdivision of the State of Minnesota authorized by statute to acquire, establish, operate, and maintain park facilities and regional trail systems; and WHEREAS, City and Park District support the expansion of the regional trail system within the City, and specifically, the Dakota Rail - Luce Line Connector Regional Trail (“Regional Trail”) corridor; and WHEREAS, Park District in partnership with the City prepared a master plan for the development of the Regional Trail based on the route conceptually approved by the City on October 11, 2021; and WHEREAS, the City has approved a resolution of support for the master plan on June 13, 2022; and WHEREAS, Park District and City desire to cooperate to acquire property rights, design, construct, operate and maintain the Regional Trail within the City, each employing their own powers. NOW THEREFORE, in consideration of the mutual covenants herein, and other good and valuable consideration, the sufficiency of which is hereby acknowledged, City and Park District agree as follows: A. Regional Trail Route and Status. The approved conceptual Regional Trail route is shown on Exhibit A. Both parties agree minor changes in the final Regional Trail route are allowable in order to best capitalize on opportunities to secure land, develop the trail, create a high-quality regional trail corridor, be fiscally responsible, or similar. City Administrator or designee and Park District Superintendent or designee shall have authority to approve minor changes to the Regional Trail corridor route. Substantial changes in the route must be approved by both parties and may require a public engagement process. B. Property Rights. City shall convey to Park District permanent property rights for purposes of establishing a continuous and contiguous Regional Trail corridor along Ferndale Road. Regional Trail corridor shall be a minimum width of 20 feet unless otherwise agreed upon. City may fulfill this responsibility through public trailway easements, fee title, or permanent irrevocable permit or any combination thereof (individually and collectively referred to hereafter as ‘Easement’) provided that a permanent irrevocable permit and license shall only be used in situations where City does not have an interest in real property but does have the legal authority to construct, maintain, and operate sidewalks, trails, and other such public ways 132