04-22-2024 CC Agenda Packet - Laserfiche WebLink

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April 9, 2024 5 H. Winter Use. As of the date of this Agreement, Park District policy is to leave the Regional Trail open to the public in winter, but perform no winter maintenance. Park District reserves the right to operate and maintain the Regional Trail for winter use in its sole discretion. The City may request a Park District Winter Use Permit to operate and maintain the Regional Trail during winter months. Such permit will require City, among other things, to assume responsibility for trail maintenance, operation and liabilities associated with winter use. I. Signage. The Park District shall be responsible to furnish, install, and maintain the trail information sign/kiosk program at Park District expense. Signage will indicate that the Regional Trail is owned/operated by the Park District. City may provide additional signage within the Regional Trail corridor, provided however, that Park District shall approve additional signage, and that City shall be responsible for providing and maintain respective signage. The party responsible for trail design, construction and/or reconstruction shall provide all trail regulatory signs as prescribed by the Minnesota Manual on Uniform Traffic Control Devices (Mn MUTCD), as a part of the design and construction of the Trail. Park District shall be responsible for the maintenance of regulatory signs post-construction at Park District expense. City shall be responsible for providing and maintaining roadway crossing treatments such as pedestrian striping, road signs and/or other treatments as prescribed by Mn MUTCD, or as appropriate when the Regional Trail cross a City, County or State roadway where a City obligation exists. J. Utilities. City shall enforce its franchise agreements with utility companies and require utility companies to relocate utilities at their own expense. City shall at all times retain the right to maintain, repair or replace any existing utilities and related facilities in, on, or under said Regional Trail provided that if any such activities by the City shall or may damage or limit the use of the Regional Trail, the City will give the Park District ninety (90) days prior written notice of the same (except in cases of emergency). The City will upon completion of such activities so affecting the Regional Trail or any portion thereof, restore the Regional Trail to its preexisting condition or better. City and Park District recognize that prior notice is needed to develop temporary trail detour routes and temporary signage. City and Park District will cooperatively determine and implement a temporary detour route when feasible. K. Law Enforcement. The City will patrol and police the Regional Trail in such manner and by such persons as the City shall deem necessary, and may enforce all rules and ordinances of the City except as provided herein. Notwithstanding anything herein to the contrary, the Park District shall have the right to enforce its rules, regulations and ordinances with respect to the Regional Trail. City shall not promulgate any ordinance, rule or regulation which contravenes any ordinance, rule or regulation of Park District with respect to the Regional Trail or which contravenes this Agreement. 136