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IV.10. Approve Limited Use Permit Three Rivers Park District Trail Extension; Stanley (CR2017-100) July 31, 2017 Council Report 2017-100 APPROVE LIMITED USE PERMIT THREE RIVERS PARK DISTRICT TRAIL EXTENSION Proposed Action Staff recommends the following motion: “Approve Permanent Irrevocable Limited Use Permit with the Three Rivers Park District for extension of the Nine Mile Creek Regional Trail System.” Overview As a part of the 2017 Street and Utility Improvements a trail extension is being constructed from the Nine Mile Creek trailhead to 11th Avenue. This trail extension will run along the west side of 9th Avenue from Westbrooke Way to 7th Street, and then along the south side of 7th Street to 11th Avenue. This extension fills a gap that the Three Rivers Park District (District) has been planning to fill since the construction of the Nine Mile Creek Regional Trailway began in 2012. The construction of this trail is being funded by the District. Since this trail extension is being constructed within City right-of-way but will be owned and maintained by the District, the District desired to have a mechanism to preserve and allow for the continual use and existence of the trail. A limited use permit, which is similar to an easement, has been developed to serve this function. Attached is the Limited Use Permit. The document has been reviewed and approved by both the City and Three Rivers Park District engineering and legal staff. Supporting Documents • Permanent Irrevocable Limited Use Permit _______________________________________ Nate Stanley, P.E. City Engineer Financial Impact: Budgeted Y/N Source: Related Documents (CIP, ERP, etc.): Notes: __________________________________________________________________ 1 496277v3 DTA HP145-4 PERMANENT IRREVOCABLE LIMITED USE PERMIT This Permanent Irrevocable Limited Use Permit is made this ___ day of _________________, 2017, by and between the City of Hopkins, a Minnesota municipal corporation (the “City”), and the Three Rivers Park District, a political subdivision of the State of Minnesota, Hennepin County, Minnesota (the “Permittee”). The City and the Permittee shall be referred to collectively herein as the “Parties.” RECITALS WHEREAS, the Parties entered into the 2012 Nine Mile Creek Regional Trail Trailway Cooperative Agreement (the “Agreement”) as related to the Nine Mile Creek Regional Trail (the “Trail”), a portion of which runs through the City; and WHEREAS, pursuant to the Agreement, the City agreed to convey to the Permittee a Permanent Irrevocable Limited Use Permit, as further described herein, and the Permittee agrees to accept the Permanent Irrevocable Limited Use Permit pursuant to the terms and conditions contained herein. TERMS OF PERMANENT IRREVOCABLE PERMIT 1.) Grant of Permit. The City grants and conveys to the Permittee a Permanent Irrevocable Limited Use Permit (“LUP”) over those portions of its right-of-ways described and depicted on the attached Exhibit A (collectively, the “Use Area”). The Use Area shall be limited in width to a 14-foot wide strip of land that is centered on the centerline of the Trail. Any alteration to the current horizontal or vertical location of the Trail which affects the location of the Use Area must be approved by the City. 2.) Scope of Permit. The LUP granted herein includes the right of the Permittee, its contractors, agents, and employees to locate, install, construct, reconstruct, operate, maintain, inspect, alter and repair within the Use Area any of the following facilities and amenities: public sidewalk or trail, trail signage, informational kiosks, benches, bike racks, trail bridges/tunnels, and any other trail-related structure (collectively, the “Facilities”). Except to the extent provided in the Agreement, the Permittee is responsible for all costs of constructing and maintaining the Trail and the Facilities. Before construction of any kind, the plans for such construction shall be approved in writing by the City’s Engineer. Approval in writing from the City Engineer shall be required for any changes from the approved plan. Upon completion of the construction of the Facilities, the Permittee shall restore all disturbed slopes and ditches in such manner that drainage, erosion control and aesthetics are perpetuated. The Permittee shall preserve and protect all utilities located on the lands covered by this LUP to the extent they are damaged by the Permittee, its contractors, agents, and employees, at no expense to the City. Signs shall only be placed by the Permittee on City-owned sign posts within the Use Area upon approval of the city engineer. The City will not mark obstacles for users of the Trail within the Use Area. 2 496277v3 DTA HP145-4 3.) Trail Use and Purposes. This LUP is for public trailway purposes only. The Trail shall be open to the general public, and be used exclusively for outdoor recreation and commuting including, but not limited to, walking, jogging, skating, biking, and uses allowed under State and Federal law including, but not limited to, other personal driven mobility devices (OPDMD’s) and electric personal assistive devices. In addition, motor vehicles used for maintenance, law enforcement or other public uses shall be permitted within the Use Area. 4.) Indemnification. The Parties shall each indemnify, defend and hold harmless the other from any loss, liability, cost, damage and claim arising from any act or omission on the part of its officers, employees, agents, contractors or representatives in connection with the use, occupancy, development, operation, maintenance and repair of the Trail, including any attorneys’ fees and expenses incurred in defending any such claim. Nothing herein shall change or otherwise affect the liability limits or immunities established under Minnesota Statutes Chapter 466, as amended. 5.) Safety. The City shall retain the right to limit and/or restrict any activity, including the parking of vehicles and assemblage of Trail users, on the right-of-way over which this LUP is granted, so as to maintain the safety of the general public, including Trail users. 6.) Legal Compliance. This LUP does not release the Permittee from any liability or obligation imposed by any federal, state, or local law, rule, regulation, or ordinance or from having to obtain any other permits that may be required by law. 7.) Warranty of Title. The City warrants it has the right to convey the LUP as described herein. 8.) Environmental Matters. The City shall provide the Permittee written documentation of any and all previously and/or currently present hazardous materials, pollutants, or other containments within the Use Area. The Permittee shall not be responsible for any costs, expenses, damages, obligations, including penalties and reasonable attorney’s fees, or losses resulting from any claims, actions, suits or proceedings based upon the release or threat of release of any hazardous substances, pollutants, or contaminants which may have existed on, or which relate to, the Use Area prior to the date of this document. 9.) Binding Effect. The terms and conditions of this LUP shall run with the land and be binding on the City, its successors and assigns. 3 496277v3 DTA HP145-4 Issued by the City of Hopkins, pursuant to the terms and conditions set for above, this ___ day of ___________________, 2017. __________________________ Its Mayor __________________________ Its City Manager Accepted by the Three Rivers Park District, pursuant to the terms and conditions set for above, this ___ day of ___________________, 2017. By ___________________________ Its ___________________________ A-1 496277v3 DTA HP145-4 EXHIBIT A THE USE AREA 14-foot wide strip centered on the trail located on the west side of 9th Avenue South between Westbrook Way and 7th Street South and the south side of 7th Street South between 9th Avenue South and 11th Avenue South.