04-22-2024 CC Agenda Packet - Laserfiche WebLink

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April 9, 2024 2 within the permit area. Non-fee title property rights (i.e. easements and permits) conveyance documents shall adhere to typical public trailway easement and permanent irrevocable permit (in the general form attached hereto as Exhibit B) unless otherwise agreed upon by both parties. Park District may at its sole discretion acquire permanent and temporary property rights for purposes of creating a continuous and contiguous Regional Trail corridor from willing sellers. In such cases where Park District acquires permanent property rights, City shall approve via resolution Park District’s acquisition of property rights so long as the acquisition is consistent with the approved route as shown on Exhibit A, or is otherwise acceptable to City. In the event City’s property rights along Ferndale Road which allow for the Regional Trail are lost by vacation, condemnation, revocation of license or permit, or otherwise, City will acquire such additional rights, titles and interests as are needed to provide a continuous and contiguous Regional Trail corridor at City expense. If the City’s loss of such right occurs after construction of the Regional Trail, the City shall reconstruct the Regional Trail, if necessary, at City expense, subject to credit for any compensation Park District may receive for loss of its Regional Trail. In locations where the City meets its Easement responsibilities via an irrevocable permit and license, the City represents that it currently has or will obtain the legal right and authority to construct, maintain, and operate Regional Trail within the permit area. The parties recognize that certain Trail segments and road/railroad crossings may require agreements with third parties such as the Minnesota Department of Transportation (“MnDOT”). The parties to this Agreement shall cooperate to secure necessary permissions to use such crossings and bridges. In the event that necessary permissions cannot be secured, this Agreement may be terminated by either party provided that monies due to either party is first paid. C. Design and Construction. Design and construction of the Regional Trail and associated structures and road crossings shall be in accordance with the Regional Trail Standard Details (Exhibit C) and standards and guidelines adopted by the Park District. The Park District will have final discretion over regional trail and safe crossing design and the interpretation and execution of engineering best practices. i. Design and Construction by Park District. The Park District will coordinate and fund design of Regional Trail and related structures. Park District may, in its sole discretion, contract with consultants to provide professional design services including, but not limited to design development, bidding documents, construction plans and specifications, contract document preparation, construction administration, and project close out. Park District shall submit all Regional Trail plans to City for review and approval, provided however, that approval shall not be unreasonably withheld. Park District shall be responsible for bidding and construction of the Regional Trail and related structures in accordance with approved construction plans and specifications. Construction shall commence following (1) conveyance to Park District of Easements in accordance with Paragraph B – Property Rights of this Agreement, (2) Park District and City approval of plans and specifications for 133