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Home My WebLink AboutContract 22863000 Xenium Lane N Plymouth, MN 55441-1299 (763) 559-9000; Fax (763) 557-5248 Department of Planning and Development LETTER OF TRANSMITTAL Date: May 10, 2010 To: Kevin Hansen, P.E., Public Works Director/City Engineer City of Columbia Heights 637 38th Avenue N.E., Columbia Heights, MN 55421-3806 From: Michael Horn, ASLA, Senior Manager of Landscape Architecture Subject Trail Connections Agreement We are sendingyou: COPIES DESCRIPTION 1 Trail Connections Agreement between the City of Columbia Heights and Three Rivers Park District -May S, 2010 PURPOSE: As you requested For your approval For your reference For your review X For your files For your signature REMARKS: Kevin: Please find enclosed a fully executed Trail Connections Agreement as listed above. By: Michael Horn, Senior Manager of Landscape Architecture ,~~- y~ , ~ C: \\plymouth\users\pel\WP\Transmittals - 2010\05-10-10--Transmittal-Kevin Hansen-City of Columbia Heights-Trail Connections Agreement-MH.doc Trail Connections Agreement between the City of Columbia Heights and Three Rivers Park ®istrict This agreement is made as of the day of ,_, by and between the City of Columbia Heights, a Minnesota municipal corporation, herein after called the "City," and Three Rivers Park District, hereinafter called the "Park District,"apolitical subdivision of the State of Minnesota, Hennepin County, MN authorized by statute to acquire, establish, operate and maintain park and trail systems. Whereas, the City desires to connect the City's paved trail system to the Park District's Silverwood Park Trail in one (Z) unique location (Exhibit A); and Whereas, the City is financially responsible for the planning, design, and construction of the one (1) trail connection, hereinafter called the "trail connection"; and Whereas, the City, will administer the planning, design, and construction of the trail connections; and Whereas, upon final inspection and acceptance of the trail connection, the Park District will maintain full ownership and maintenance rights of the trail connection on Park District property. Whereas, upon final inspection and acceptance of the trail connection, the City will maintain full ownership and maintenance rights of the trail connection on City property. Now, therefore, the Park District acid the City, in consideration of the prerriises and agreements herein contained, agree as follows: Train Planning, tDes~c~n, and ~~an5tru+ctiion 1} The City will administer the planning, design, and construction of the trail connections. 2) Design of the trail connections and related trail structures shall be in accordance with typical standards and guidelines of the Park District. 3) The Park District may elect to review all plans and specifications for the trail connections prior to bidding. s~ eb~r~~~ruc~lc~n ~drnlnm~~ra~ii~n and olb~~rva~ii~~ 1} The City shall be responsible for construction observation and administration of the trail connections project. a. The City shall provide notice to the Park District of the commencement of construction. b. The Park District reserves the right to consult with the City regarding construction issues and any modifications to the work in progress. 2) The City shall schedule a field observation meeting and/or final inspection walkthrough with the Park District prior to the completion of the trail connections project. Upon correction of any concerns identified in the field observation meeting and/or final inspection walkthrough, the City shall notify the Park District in writing, indicating completion of the trail connections project. C. 3urisdiction 1) The City acknowledges that the trails will be built on land owned by the Park District and the City. The Park District hereby grants permission to the City to enter Park District lands to conduct observation. The Park District hereby grants permission to the City, and any contractors hereunder, to conduct work associated with the trail connection project. 2) Upon completion of the trail connections and acceptance by the Park District, the Park District shall own the portion of the trail connection on Park District property and the City shall have no claim to the traiE connections or the lands owned by the Park District. 3) Upon completion of the trail connections and acceptance by the City, the City shall awn the portion of each trail connection on City property and the Park District shall have no claim to the trail connections or the lands owned by the City. City shelf acquire any necessary rights to construct trail connections outside Park District property. D. Financing 1) The City is responsible for all costs related to the trail connection project including, but not limited to, planning, design, permits, construction, consultant/administration contract services, testing, and other miscellaneous fees. F. Train Uses and Purposes The trail connections shall be open to the general public, and shall be used in accordance with current Park District trail policies. F. Winter Use As of the date of this agreement, Park District policy is to close the trail connections to the public in winter and to perform no maintenance on the trail connections during such closures. The Park District reserves the right to open the trail connections far winter use at its sole discretion. G. Maintenance of Trail 1) The Park District will be responsible for renovation, replacement, repair, maintenance, and upkeep of the trail connections within Park District property. The Park District shall be solely responsible for establishing maintenance standards for the trail connections within the property of the Park District. z 2) Trail connections outside the boundaries of the Park District shalt be the responsibility of the City. H. Signage 1) The Park District shall be responsible for providing signage for the trail connections on Park District property. Signage will indicate what portions of the trail connections are owned and operated by the Park District. 2) The City shall be responsible for providing signage for the trail connections on City property. Signage will indicate what portions of the trail connections are owned and operated by City. I. Law Enforcement 1) Notwithstanding anything herein to the contrary, the Park District shall have the right to enforce its rules, regulations and ordinances with respect to any trails on Park District property. City shall not promulgate any ordinance, rule or regulation which contravenes any ordinance, rule or regulation of the Park District with respect to the trails or which contravenes this Agreement. J. Inde nification 1) Prior to transfer of City's interest in the trails to the Park District, the City and the Park District each shad 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, contractor or representatives in connection with the use, occupancy, development, operation, maintenance and repair of the trail, including any attorney fees and expenses incurred in defending any such claim. Nothing herein shah change or otherwise affect the liability limits established under I`wlinn. Stat. § 455, as amended. The liability limitations established in Minn. Stat. ~ 465 shall apply to undertakings pursuant to this Agreement, and no individual or entity may seek to increase recovery beyond the statutory amounts set forth in Minn. Stat. ~ 465 by attempting to aggregate the statutory amounts applicable to the Park District or the City. ucce~sor an s~i n~ 1) The Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns, provided, however, that neither the City nor the Park District shall have the right to assign it rights, obligations and interests in or under this Agreement to any other party without the prior writteno Con~eiit cif the other part j+ ooereto. L. Amendment, Modification or Waiver 1) No amendment, modification or waiver of any condition, provision or term of this Agreement shall be valid or of any effect unless made in writing and signed by the party or parties to be bound, or its duly authorized representative. Any waiver by either party shall be effective only with respect to the subject matter thereof and the particular occurrence described therein, and shall not affect the rights of either party with respect to any similar or dissimilar occurrences in the future. 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