03-09-1998 Council Packet - Laserfiche WebLink

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m 4. 5. 6. Cost sharing. The City will bear the costs cf the portion of the trail constructed by the City. The Park District will bear the costs of the portion of the trail constructed by the Park District. This includes engineering and construction costs. The City and the Park District will share the trail design costs in the same ratio as the portions of the trail they each construct. Termination. Notwithstanding the perpetual and irrevocable nature of the license created herein, should Licensor, its successors or assigns, terminate, cancel or fail to recognize the License and Licensee's rights created herein, or should Licensee be unable to exercise its rights created because of the widening, relocation or other alteration of Old Crystal Bay Road, Licensor shall immediately upon demand reimburse the Park District's construction and daign costs for the trail from the boundary of Baker Park Reserve to the point where the Parle District commenced construction. Trail Uses and Purposes. a. The Trail shall be open to the general public, and shall be used exclusively for pedestrian uses including but not limited to walking, jogging, and in-line skating, and bicycle uses. Motorized and equestrian uses shall be prohibited, except those motorized vehicles used by the City or Park District for maintenance or enforcement activities. b. If the City has a concern about a specific type of use allowed on the trail, the City will notify the Hennepin Parks Superintendent who will develop and implement a solution. If the problems related to the specific use remain, they will be addressed by a committee made up of the Orono City Administrator, the Hennepin Parks Superintendent, one (1 ) Orono Council Member or Orono Park Commission Member and one (1) Hennepin Parks Commissioner selected by the Park District. If this committee can not agree on a solution the issue will be submitted to an arbitration process. The arbitrator's decision will be binding on both parties. Maintenance of Trail. The Licensee shall maintain the Trail in such manner and to such extent as Licensee shall, in its sole discretion, deem necessary. However, at minimum, the trail must be maintained to the same standard at w'hich the Park District maintains other typical trails. The Licensee may, at its sole election, conduct nomial maintenance activities on the Trail including without limitation snow removal, trash removal, policing, or repairing the Trail, provided that the conduct of such activities by the Licensee with respect to the Trail shall not impose any obligation upon the Licensee for similar or other types of maintenance with respect to the Trail at any time. The Licensee may also erect and maintain, in such manner and to such extent as Licensee shall, in its sole discretion, deem necessary-, all signage relating to the Licensee's use of, and interest in, the Trail.