04-22-2024 CC Agenda Packet - Laserfiche WebLink

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April 9, 2024 4 fees, filing fees, permit fees, or any other expense, which do not represent direct approved design or construction costs except as provided herein. In the event the City uses its own forces to design and administer the construction of the Regional Trail and related structures, the City may seek reimbursement for direct and reasonable staff costs if first approved by the Park District. City shall provide all records necessary for audit of costs. Reimbursement shall not be due until 1) City has conveyed required Easement to Park District in accordance with Paragraph B – Property Rights of this Agreement, 2) Park District approves the construction plans and specifications, and 3) regional trail and related structures are constructed in accordance with the Park District approved construction plans and specification. Park District shall reimburse City within thirty (30) days following receipt of verified statement of direct design and construction expenses for all costs authorized by this Paragraph. D. Permits and Assessments. City shall not unreasonably withhold City approvals, City permits, and other official City permissions necessary for the Park District to operate, maintain, reconstruct and construct the Regional Trail. In consideration of the Park District’s performance under this Agreement including its maintenance obligations, City hereby agrees that the Park District shall not be subject to assessment by the City pertaining to improvements made on the lands included in, or adjacent to, the Regional Trail corridor. E. Inconsistent Rights. The City, for itself, its successors and assigns, hereby covenants that it will not construct nor grant others the right to construct any structures or improvements within the Easement areas, which are inconsistent with the rights and interests herein granted to Park District. F. Operation and Maintenance by Park District. The Park District and its agents and licensees shall have the sole and exclusive right and authority to operate and control the Regional Trail and to establish rules and regulations governing its use to the extent not in conflict with ordinances of the City. Park District will be responsible for the renovation, replacement, repair, maintenance, and upkeep of the Regional Trail except bridges, tunnels and other structures owned by others, and as provided in Section H(i). Park District shall be solely responsible for establishing maintenance standards for the Regional Trail, which will be consistent district wide. Park District reserves the right to remove any vegetation or object that obstructs the use or safety of the Regional Trail including adjacent safety zones in accordance with Exhibit C – Typical Trail Section. G. Trail Uses and Purposes. Regional Trail shall be open to the general public and be used exclusively for outdoor recreation and commuter activities, including but not limited to non-motorized uses such as walking, jogging, skating, and biking. The use of electric-assisted bicycles as defined in Minnesota State Law and Other Power Limited Mobility Devices as defined by the American with Disabilities Act and in accordance with Park District Policy are permitted. In addition, motor vehicles used by the City or Park District for maintenance, law enforcement or other public uses will be permitted on the Regional Trail. Routine maintenance and patrol with motor vehicles will be conducted from adjacent roadways where feasible. 135