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HomeMy WebLinkAbout2009 08-18 PRAAGENDA Brooklyn Center Parks and Recreation Commission Tuesday, August 18, 2009 Meeting 7:00 p.m. Community Room #221, Brooklyn Center Community Center ______________________________________________________________________________ 1. Call to Order 7:00 p.m. 2. Roll Call 3. Approval of Minutes June 16, 2009 4. City Council Liaison Report New Business 5. * Trailway Cooperative Agreement- Three Rivers Park District Old Business 6. 7. Set Next Meeting Date and Agenda 8. Adjournment AGENDA Brooklyn Center Parks and Recreation Commission i Tuesday, August 18, 2009 Meeting 7:00 p.m. Community Room#221, Brooklyn Center Community Center m 1. Call to Order 7:00 p.m. 2. Roll Call 3. Approval of Minutes—June 16, 2009 4. City Council Liaison Report S. New Business * Trailway Cooperative Agreement- Three Rivers Park District 6 Old Business 7. Set Next Meetin g an Date d Agenda g & Adjournment MEMORANDUM Date: August 11, 2009 To: Parks and Recreation Commission Members From: Jim Glasoe, Director of Community Activities, Recreation and Services Subject: August Park and Recreation Commission Meeting As you may know, the Park and Recreation Commission does not typically meet during the summer months, unless a special need arises. As evidenced by this letter and the attached agenda, the need has arisen. For some time, staff has been working with Three Rivers Park District personnel on a cooperative trail agreement. We took the feedback offered by the Commission at the January 2009 meeting, along with input from the City Council and have negotiated additional revisions to the agreement. The final draft of the agreement is attached. In order for the proposed trail improvements to be included in the Three Rivers 2010 Capital Improvements Plan, we will need to have an agreement in place within the next month. As a result, the next regular meeting will be scheduled for Tuesday, August 18 at 7:00 p.m. in Community Room#221 of the Community Center. Public Works Director Steve Lillehaug, along with staff from Three Rivers Park District, will be in attendance to present the plan and answer any questions. Please feel free to contact me if you have any questions. I can be reached at (763) 569-3407. cc: Curt Boganey, City Manager Steve Lillehaug, Public Works Director MINUTES OF THE PROCEEDINGS OF THE PARK AND RECREATION COMMISSION FOR THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION JUNE 16, 2009 COMMUNITY ROOM #221, COMMUNITY CENTER CALL TO ORDER Chairperson Sorenson called the meeting to order at 6:24 p.m. ROLL CALL Chair Sorenson, Commissioners Ebert, Lee, Russell and Shinnick were present. Commissioners Peterson and Starling were excused. Also present was City Council Liaison Mark Yelich and Community Activities, Recreation and Services Director Jim Glasoe. APPROVAL OF AGENDA By consensus, the agenda was approved as presented. APPROVAL OF MINUTES—May 19, 2009 There was a motion by Commissioner Russell, seconded by Commissioner Lee to approve the minutes of the May 19, 2009 Park&Recreation Commission as presented. The motion passed unanimously. COUNCIL LIAISON REPORT Councilmember Yelich reported that the City had been informed that it would be receiving Federal stimulus funding for the planned Bass Lake Road reconstruction and streetscape enhancements. Councilmember Yelich noted that the Bass Lake Road project is planned for 2010. Commissioners asked about the status of the proposed San Antonio Grill restaurant on the corner of Interstate 694 and Shingle Creek Parkway. Councilmember Yelich responded that, to date, no liquor license had been approved for the property. SHINGLE CREEK BEAUTIFICATION PROJECT Commissioner Lee reported that she attended a recent informational meeting regarding potential improvements to Shingle Creek from the Village Creek Development, south to Interstate 694. Commissioner Lee handed out surveys regarding some potential project elements and asked that Commissioners identify any priorities. ADOPT-A-PARK CLEAN-UP Chair Sorenson noted that the Commission would need to clean Marlin and Lakeside Parks sometime over the summer as part of their Adopt-A-Park commitment. Chair Sorenson noted that he would contact the Commissioners via e-mail to establish a day and time. STRATEGIC PLANNING SESSION CARS Director Glasoe reminded the Commission that one of the activities o f the CARS Department's Communities Empowering Youth grant was a strategic planning process for the department. CARS Director Glasoe asked the Commissioners to review their personal calendars for a Saturday morning in September to schedule a planning session. SET NEXT MEETING DATE By consensus, the next meeting of the Parks and Recreation Commission was set for September 15, 2009, at 7:00 p.m. in Community Room#221 of the Brooklyn Center Community Center. MEETING ADJOURNED Commissioner Russell made a motion, seconded by Commissioner Lee to adjourn the meeting at 6:50 p.m. The motion passed unanimously. MEMORANDUM- COUNCIL 'CORK SESSION I'T'EM TO: Tim Glasoe, CARS Director PROM: Steve Lillehaug, Director of Public Works BATE: August 12, 20011 SUBJECT: Regional Trail Agreement Overview—City of Brooklyn Center and Three Rivers Park District Currer i y, the City is pursuing negotiations with Three Rivers Park Distris-t to assume th° respons Iity for the operation and maintenance for two of Brooklyn C; .nter's existing pedest-an and bike trails—the existing Shin& Creek trail located along Shingle Creek from the northern to the sorlhern City limits and the existing Twin Lak, trail located from Twin Lake Pa-k to Xerxes Avenue (see attached map). The park district is also interested in jointly pursuing the extension of a reL oval trail cast from the Brookdale mall area to connect to the Mississippi River regional trail. For this to occur, City and park distri,lw staff has prepared a draft Trailway Cooperative Agreement. The following provides; a general overview of the elements contained in the draft agreement: Property Rights—An easement for trail purposes would be provided to the pa.'< dis:-,t by the CitA", The easements would ;,rovi•'e a cop., aous and contiguous corridor 'or the aegiona trail. F inure acquisition of easements would :e required for the Twir_Lakes Trail Extension to the Ntississippi River cc ' idor. F i aneing and Cost Participation—Once the trails have been conveyed,the park district will be responsible fe-trail operations, maintenance, reconstruction and capital expenses. Th(- park district will also pat ner with the design -..rid construction of the future Twin Lake Trail EXte'Ision including participation in the orelimit.ary planning for the trail extension. Future Trails—The park district will reimburse the City for the design and construction of the regional trail as part of the Bass Lake Road Streetscape and Regional Trail project. Any recessary design of existing trails will be the responsibility of the park district, unless the redesign is dvarranted or impacted by a City project. Trail Uses—Permitted lrses on the future regional trails will generally be consistent with what is allowed currently or, City trails. Winter use wid still be allowed, so long as the City continues to plow the trails (which is planned to continue). Maintenance of Trails—The p<­!,-_ district district �v�11 be responsible for the mainter.°.nce and upkeep of the trails. The City will i respo.nsibie to plow the trails in the winter as it currently does. Duration of Agreement—The agreement shall be forever, as long as both the City and park district continue`o mutually agree to the conditions of the agreement. City of Brooklyn CenteN/Regional Trails Agreemef-,? i 7 Center 4. AP14,7artitl.r')t i August 12, 200 i RE: Twin Lakes and Shingle Creek Regional Trails— Informational Meeting Clear Area Resident: , I Wu are cordially invited to an informational meeting to discuss an agreement between the City aild Three Rivers P rk District pertaining to regional t, As within the City: W ecin scl y Nugust 19, 2009, 5;30 p— in the -'ouncil Cb uuhers at th,� BROOKLYN CENTER CITY E%-T.L 6=.: 1 Slsiaibl- reek 1'arkw a_' Currently,the City : pursuing negotiate ns with T'-Tee Rivers Park bistrict to assume the responsibiii�,i for the operation and maintenance for two of Brooke;/n Center's existing pedestrian and bike trails — -'ie existing Shingle Creek trail located along Shingle Cr ek from the northern to the southern City limits and i the existing Twin Lake trail located from Twi, Lake Park to Xerxes Avenue ,see attached map): The park �istrlct is also interested in loint€v purr ng the extension of a regional trail Mast from the Rrockd-le r :al" ar to connect to the Missis�iopi River regional trail. At this meeting, , e will pr sent general in'crmatlt:n pertaining to these efr-,-ts between the park c istr ct and City,and the benefits and impacts thi_ transfer will have on the residents and property mAiners within the City.City staff will be available to spend time with individual residents and property owners to revieVv I any issues and -address questions, If you have any questions or comments, p .,ase cor.tactthe City Engineering Division at 763-:E - 40. \,A e look forward to seeing;you on AUgust 19'h at the Brooklyn Center City Hall Council Chambers. Sincerely, Steve Lillehaug, P.E. Director of Public Works/City Engineer cc: {Mayor Willson and City Cot,,icil Membe-s Curt Boganey, 'City Manager 6301. Shingle Creek-Parkway Recreation..and Corta.inur,iti ('Cn.ter Phone A'- `l'Z'1 ��..,afi�>r 13r,E)t t Vrt. Center, ATJV,55430-2199 (7fi>) 69-3400 City Hall & 21)I)Nuuinb r(763) 569-3•'>' O FAX(7&) 69-3434 I'AV(76 ) 569-3494 ti72{.'I{.',tit,1't7��}PE)C?�:lb"tLCE'.72tE.'7'()7�L,T' —__.._. _..._.._.. ............ _...._..-.... ....._........._ ........._. __. .. Three Rivers Park Disti ct 1 City of Brooklyn Center Preliminary regional Trail Mari � n U� t t agend *�--Proposed 1 rail { Pioposed Future Trail Construction (Location to be detem;tneo) I I i 1 � tt c tti us g�renny Densrun i CITY OF BROOKLYN CENTER AND THREE RIVERS PARK DISTRICT TRAILWAY COOPERATIVE AGREEMENT WHEREAS, the Three Rivers Park District ("Park District") is a political subdivision of the State of Minnesota authorized by statute to acquire, establish, operate and maintain a regional trail system; and WHEREAS, Park District promulgates master plans for the development of park facilities including the regional trail systems; and WHEREAS, the Park District's master plans are submitted to the Metropolitan Council and the Metropolitan Parks and Open Space Commission for approval; and WHEREAS, the City of Brooklyn Center ("City") has requested that Park District assume responsibility for the operation and maintenance of an existing city trail corridor along Shingle Creek that will be designated as the Shingle Creek Regional Trail located within the City; and WHEREAS, the City has requested that Park District assume responsibility for the operation and maintenance of an existing city trail corridor from Twin Lake Park to Xerxes Avenue North that will be designated as the Twin Lakes Regional Trail located within the City; and WHEREAS, the City has requested that Park District assume responsibility for the construction, operation and maintenance of an extension of the Twin Lakes Regional Trail Extension from Xerxes Avenue North east to the Mississippi along a route to be determined jointly by the City and the Park District; and WHEREAS, the Park District and City desire to cooperate to design, construct, reconstruct, operate and maintain a regional trail network located in the City employing their own powers and the powers granted by Minn. Stat. §471.59. NOW THEREFORE, in consideration of the mutual covenants herein, and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the City and Park District agree as follows: I i 1 1. Property Rights. A. Shingle Creek Trail Easement City shall convey to Park District a permanent non-exclusive Easement for trail purposes in the form of the Public Trailway Easement attached hereto as Exhibit A (hereinafter "Shingle Creek Trail Easement"). Said Shingle Creek Trail Easement shall provide a continuous and contiguous corridor for the existing trail to be designated as the Shingle Creek Regional Trail The route of the trail shall be as illustrated in Exhibit A, Segments SC-1 through SC-8. The parties recognize that certain bridges and grade crossings may require agreements with third parties such as the Minnesota Department of Transportation. The parties shall cooperate to secure necessary permissions to use such crossings and bridges. In the event City cannot convey a Shingle Creek Trail Easement which provides a continuous and contiguous corridor for the existing trail, City shall acquire such rights to additional lands as may be necessary. Park District shall not be obligated to proceed with any obligation under this Agreement until City has conveyed to Park District Easements sufficient to create a continuous and contiguous regional trail corridor. If City cannot acquire and convey a Shingle Creek Trail Easement to Park District which provide a continuous and contiguous trail corridor within eighteen (18) months following execution of this Agreement, the Agreement shall be terminated and neither the City nor Park District shall have any obligation hereunder, except that Park District shall return unrecorded Easements to City and take such other measures as may be necessary to cancel the Easements. Certain of the Easements lie within platted rights-of-way and easement areas where the City does not have an interest in real property but does have the legal authority to construct, maintain and operate sidewalks, trails, and other such public ways. In such cases, the Easements do not convey an interest in real property but, pursuant to this agreement, shall serve as an irrevocable permit and license to the Park District to construct, operate and maintain a trail within the Easement areas. In the event the City's right to so maintain a trail within these segments of the Easement area is lost by vacation, condemnation, revocation of license or permit, or otherwise, the City will acquire such additional rights, titles and interests as are needed to assure a continuous and contiguous trail corridor through the Easement areas. If the loss of such right to maintain a trail within right-of-way areas occurs, after construction of the trail, the City shall acquire such additional right, title or interest and reconstruct the trail, if necessary, at City expense. The City represents that it currently has the legal right and authority to construct and maintain the trail within such platted rights-of-way. B. Twin Lakes Trail Easement City shall convey to Park District a permanent non-exclusive Easement for trail purposes in the form of the Public Trailway Easement attached hereto as Exhibit B (hereinafter "Twin Lakes Trail Easement"). Said Twin Lakes Trail Easement shall provide a continuous and contiguous corridor for the existing trail to be designated as the Twin Lakes Regional Trail. The route of the trail shall be as illustrated in Exhibit B, Segments TL-1 through TL- 5. 2 In the event City cannot convey a Twin Lakes Trail Easement which provides a continuous and contiguous corridor for the existing trail, City shall acquire such rights to additional lands as may be necessary. Park District shall not be obligated to proceed with any obligation under this Agreement until City has conveyed to Park District Easements sufficient to create a continuous and contiguous regional trail corridor. If City cannot acquire and convey a Twin Lakes Trail Easement to Park District which provide a continuous and contiguous trail corridor within eighteen (18) months following execution of this Agreement, the Agreement shall be terminated and neither the City nor Park District shall have any obligation hereunder, except that Park District shall return unrecorded Easements to City and take such other measures as may be necessary to cancel the Easements. Certain of the Easements lie within platted rights-of-way and easement areas where the City does not have an interest in real property but does have the legal authority to construct, maintain and operate sidewalks, trails, and other such public ways. In such cases, the Easements do not convey an interest in real property but, pursuant to this agreement, shall serve as an irrevocable permit and license to the Park District to construct, operate and maintain a trail within the Easement areas. In the event the City's right to so maintain a trail within these segments of the Easement area is lost by vacation, condemnation, revocation of license or permit, or otherwise, the City will acquire such additional rights, titles and interests as are needed to assure a continuous and contiguous trail corridor through the Easement areas. If the loss of such right to maintain a trail within right-of-way areas occurs, after construction of the trail, the City shall acquire such additional right, title or interest and reconstruct the trail, if necessary, at City expense. The City represents that it currently has the legal right and authority to construct and maintain the trail within such platted rights-of-way. C. Twin Lakes Trail Extension Easement An easement or other permanent property rights satisfactory to Park District for the extension of the Twin Lakes Regional Trail will be required upon agreement by City and Park District upon establishment of the Twin Lakes Regional Trail extension (hereinafter "Trail Extension Easement"). Said Trail Extension Easement shall provide a continuous and contiguous corridor for the Twin Lakes Regional Trail extension from Xerxes Avenue North east to existing trail along the Mississippi River and shall be conveyed to Park District upon amendment of this Agreement. Park District shall commence a planning study contemporaneously with City planning and redevelopment efforts in the same area for the Twin Lakes Regional Trail extension to determine the desired location of the Trail Extension Easement. The route of the trail shall be as illustrated in Exhibit C, Segments TLE-1 and TLE- 2. The parties recognize that certain bridges and grade crossings will require agreements with third parties such as the Minnesota Department of Transportation. The parties shall cooperate to secure necessary permissions to use such crossings and bridges. In the event City cannot convey a Trail Extension Easement, which provides a continuous and contiguous corridor for a trail as determined during the aforementioned planning study of the Twin Lakes Trail Extension, City shall acquire such rights to additional lands as may be necessary to complete the trail corridor. Park District shall not be obligated to proceed with any further obligation under this 3 Agreement relating to the Twin Lakes Regional Trail extension until City has conveyed to Park District the Trail Extension Easement sufficient to create a continuous and contiguous trail corridor. Said Trail Extension Easement shall not be recorded by Park District until completion of the regional trail extension construction. If this Agreement is terminated, and the regional trail extension is not constructed, Park District shall return the unrecorded Trail Extension Easement to City and take such other measures as may be necessary to cancel the Trail Extension Easement. Certain of the Easements lie within platted rights-of-way, easement areas and trail corridor areas yet to be determined where the City does not have an interest in real property but does have the legal authority to construct, maintain and operate sidewalks, trails, and other such public ways. In such cases, the Easements do not convey an interest in real property but, pursuant to this agreement, shall serve as an irrevocable permit and license to the Park District to construct, operate and maintain a trail within the Easement areas. In the event the City's right to so maintain a trail within these segments of the Easement area is lost by vacation, condemnation, revocation of license or permit, or otherwise, the City will acquire such additional rights, titles and interests as are needed to assure a continuous and contiguous trail corridor through the Easement areas. If the loss of such right to maintain a trail within right-of-way areas occurs, after construction of the trail, the City shall acquire such additional right, title or interest and reconstruct the trail, if necessary, at City expense. The City represents that it currently has the legal right and authority to construct and maintain the trail within such platted rights-of-way. 2. Financing. Following conveyance of the Shingle Creek Trail Easement and Twin Lakes Trail Easement in accordance with paragraphs 1(A) and 1(B) of this Agreement, Park District shall be responsible for trail operations, maintenance, reconstruction and capital expenses as deemed necessary by Park District. Furthermore, in accordance with paragraph 1(C), the Park District shall commence planning contemporaneously with City planning and redevelopment efforts in the same area for the Twin Lakes Regional Trail extension at Park District expense. No design or construction work shall 9 p 9 commence by Park District unless and until the Twin Lakes Regional Trail extension project is funded in Park District's Capital Improvement Program approved by the Park District's Board of Commissioners or through other funding sources. City may elect to finance design or construction of Twin Lakes Regional Trail Extension. 3. Cost Participation. Upon execution of this Agreement and performance of City obligations contained in paragraph 1, and subject to paragraph 2, Park District agrees to be responsible for all future operations, maintenance, reconstruction, and capital expenses of existing trails described in the Shingle Creek Trail Easement and the Twin Lakes Trail Easement. Upon amendment to this agreement with the Trail Extension Easement, Park District agrees to be responsible for all design, construction and future operations, maintenance and reconstruction of the Twin Lakes Regional Trail extension as described in the Trail Extension Easement. In recognition of the significant costs associated assumed by the Park District for future operations, maintenance, reconstruction, and capital expenses, and in recognition of the significant contribution by the City in transferring existing trails, 4 easements or irrevocable permits to the Park District, City agrees to convey all easements or irrevocable permits at a cost of one ($1) dollar to Park District. 4. Design of Trail. Future redesign of existing trails Future redesign, if needed, of the existing trails to be named the Shingle Creek Regional Trail and the Twin Lakes Regional Trail (but not the Twin Lakes Extension Easement), and their related trail structures, shall be the responsibility of Park District, except as otherwise provided in this paragraph. Park District may, in its sole discretion, contract with consultants to provide trail redesign services, including, but not limited to design development, contract document preparation, bidding documents, construction, administration, and project closeout. Park District shall submit all redesign construction plans to City for review, comment and approval.City approval shall not be unreasonably withheld. Trail designs consistent with then current Park District standards for regional trail design shall be presumed to be reasonable. The cost of design services provided by Park District or consultants selected by Park District shall be the responsibility of Park District. • Design of the Twin Lakes Regional Trail Extension Phase I (Xerxes Avenue to Highway 100) Design of the Twin Lakes Regional Trail Extension Phase I shall be the responsibility of City in accordance with standards adopted by Park District. City may, in its sole discretion, contract with consultants to provide trail design services, including, but not limited to design development, contract documentation preparation, bidding documents, construction administration and project closeout. City shall submit final construction plans to Park District for approval, which shall not be unreasonably withheld. The cost of design services provided by City or consultants selected by City shall be the responsibility of City, provided however that reasonable design costs contemplated by this paragraph shall be reimbursed by Park District to the extent such costs are expended for trail design only and not for other improvements. • Design of the Twin Lakes Regional Trail Extension Phase II (Highway 100 to Mississippi River) Design of the Twin Lakes Regional Trail Extension Phase II shall be the responsibility of Park District and City in accordance with standards adopted by City. Park District and City may contract with consultants to provide trail design services, including, but not limited to design development, contract documentation preparation, bidding documents, construction administration and project closeout. The cost of design services provided by consultants shall be the responsibility of City, provided however that reasonable design costs contemplated by this paragraph shall be reimbursed by Park District to the extent such costs are expended for trail design only and not for other improvements. S. Construction of Trail. The District and City will confer and agree upon trail construction responsibility prior to beginning a regional trail project A. Reconstruction of existing trails The Shingle Creek Regional Trail the existing segment of the Twin Lakes Regional Trail and future trails will be maintained in accordance with Park District's Pavement Management Program. That program will schedule appropriate reconstruction for individual segments of existing trails. Trail reconstruction projects are funded through Park District's Capital Improvement Program as 5 approved by the Park District's Board of Commissioners. All costs of reconstruction shall be the responsibility of Park District. Park District will not reimburse City for indirect costs incurred by City including, but not limited to, staff costs, costs of consultants and advisors, legal fees, filing fees, permit fees, or any other similar expense. B. Construction of Twin Lakes Regional Trail Extension Phase I Park District and City will confer and agree upon trail construction responsibility. Park District shall be responsible for construction expenditures to the extent such costs are expended for trail construction only and not for other improvements. C. Construction of Twin Lakes Regional Trail Extension Phase II Park District and City will confer and agree upon trail construction responsibility. Park District shall be responsible for construction expenditures to the extent such costs are expended for trail construction only and not for other improvements. 6. Permits and Assessments. City shall grant all City approvals, City permits, and other official City permissions necessary to operate, maintain, reconstruct and construct regional trails. 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 the Easement.. 7. Trail Uses and Purposes. All regional trails within City boundaries shall be open to the general public, and be used exclusively for outdoor recreation and commuter activities including, but not limited to, walking, jogging, skating, biking, and uses mandated by state law including, but not limited to, electric personal assistive devices. In addition, motorized vehicles used by the City or Park District for maintenance, law enforcement or other public uses will be permitted. 8. Winter Use. As of the date of this Agreement, Park District policy is to close the trail(s) to the public in winter and to perform no maintenance on the trail. Park District reserves the right to open trail for winter use in its sole discretion. If Park District closes the trail(s) for winter use, City will be provided with a Park District Winter Use Permit to operate the trail during the winter period. Such permit will require City, among other things, to assume responsibility for trail maintenance and operation and to assume responsibility for liabilities associated with winter use. 9. Maintenance of Trail. Park District will be responsible for renovation, replacement, repair, maintenance, and upkeep of the trail(s) except as provided in paragraph 8. Park District shall be solely responsible for establishing maintenance standards for the trail, which will be consistent district wide. 10. Signage. Park District shall be responsible for providing signage for the trail(s). Signage will indicate that the trail is a regional trail of Park District. City may provide additional signage, provided however, that Park District shall approve such additional signage, and that City shall be responsible for providing and maintaining such additional signage. When the regional trail crosses a city roadway, City shall be responsible for 6 providing and maintaining roadway crossing treatments such as pedestrian striping, road signs and/or other treatments as prescribed by the Minnesota Manual on Uniform Traffic Control Devices (MN MUTCD), or as appropriate. 11. Utilities. City shall at all times retain the right to maintain, repair or replace any utilities and related facilities in, on, or under said trail(s) and install such utilities and related facilities provided, that if any such activities by the City shall or may damage or limit the use of the trail, the City will give the Park District ten (10) days prior written notice of the same (except in cases of emergency), and in any event the City will upon completion of such activities so affecting the trail or any portion thereof, restore the trail as near as possible to its condition existing before such maintenance, repair, replacement or other activities of the City. 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. City will not require Park District to pay for utility relocation or burying of utility lines for construction or reconstruction of regional trails. 12. Law Enforcement. The City will patrol and police the 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 trail. City shall not promulgate any ordinance, rule or regulation which contravenes any ordinance, rule or regulation of Park District with respect to the trail or which contravenes this Agreement. 13. Indemnification. The City and the Park District each shall 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 shall change or otherwise affect the liability limits established under Minn. Stat. § 466, as amended. The liability limitations established in Minn. Stat. § 466 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. § 466 by attempting to aggregate the statutory amounts applicable to the Park District or the City. 14. Successor and Assigns. 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 of assign it rights, obligations and interests in or under this Agreement to any other party without the prior written consent of the other party hereto. 15. Amendment, Modification or Waiver. 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 7 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. 16. Saving Provision. If any provision of the Agreement shall be found invalid or unenforceable with respect to any entity or in any jurisdiction, remaining provision of the Agreement shall not be affected thereby, and such provisions found to be unlawful or unenforceable shall not be affected as to their enforcement or lawfulness as to any other entity or in any other jurisdiction, and to such extent the terms and provisions of this Agreement are intended to be severable. 17. Termination. This agreement may be terminated by Park District or City by mutual agreement or as otherwise provided in this agreement. This agreement shall be terminable by either party upon material breach by the other party. 18. Notices. Any notice given under this Agreement shall be deemed given on the first business day following the date the same is deposited in the United States Mail (registered or certified) postage prepaid, addressed as follows: If to the Park District: Superintendent Three Rivers Park District 3000 Xenium Lane North Plymouth, MN 55441 If to the City: City Manager City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 IN WITNESS WHEREOF, City and Park District have entered into this Agreement as of the date and year first above written. CITY OF BROOKLYN CENTER By: Its Mayor By: Its City Manager THREE RIVERS PARK DISTRICT By: Its Chair - Board of Commissioners By: Its Superintendent 8 EXHIBIT A Shingle Creek Regional Trail Easement Segment SC-1: Brooklyn Park border to 69th Ave N Commencing at the North municipal boundary of the City of Brooklyn Center in the northeastern corner of West Palmer Park, the bituminous trail lies west of Palmer Lake, east of Palmer Lake Dr. W. and east of the existing park play fields. South of the play fields the trail is located east of, and proceeds parallel to, Palmer Lake Dr W and then proceeds north of, and parallel to, 69th Ave. N.. The trail crosses Shingle Creek on an existing City-owned bridge. The bridge will be conveyed to Park District upon approval of this Agreement. es 69th Approximately 150 feet to the east of the bridge, the trail proceeds south and cress Ave N at grade. +\ 1 y r 9 EXHIBIT A Shingle Creek Regional Trail Easement Segment SC-2: 69th Ave N to Freeway Boulevard Commencing at said point last described above, the trail proceeds south along the eastern side of Shingle Creek. The trail passes under Shingle Creek Parkway, and then under Freeway Boulevard. s yy¢¢ p�pp yyt r• ,p. m s A T 10 EXHIBIT A Shingle Creek Regional Trail Easement Segment SC-3: Freeway Boulevard and the Interstate 94 Bridge Commencing at the Freeway Boulevard underpass, t he trail proceeds south along the east side of Shingle Creek through land owned by the Minnesota Department of Transportation (MNDOT). The trail then crosses the Interstate 94 Pedestrian Bridge, and proceeds to the southern terminus of said bridge. The Bridge is owned by MNDOT. Agreement for use of the MNDOT land and bridge for trail purposes is covered under a separate agreement with MNDOT. F ' ya D u ,3 •nom- � r':: �c : 11 EXHIBIT A Shingle Creek Regional Trail Easement Segment SC-4: Central Park: Interstate 94 Bridge to Shingle Creek Parkway Commencing at the southern terminus of the Interstate 94 Pedestrian Bridge, the trail proceeds to the south through Central Park, staying east of the existing play fields. The trail crosses an existing City-owned bridge located approximately 200 feet north-northwest of the library. The bridge will be conveyed to Park District upon approval of this Agreement. The trail then parallels the eastern side of Shingle Creek and proceeds south to the point where the trail turns due east to reach contact with the western side of Shingle Creek Parkway. 4 3 ve ' .. iMFORO 6OTW 12 EXHIBIT A Shingle Creek Regional Trail Easement Segment SC-5: Shingle Creek Parkway to County Road 10 Commencing at the point last described above, the trail proceeds south along the western side of Shingle Creek Parkway to the intersection of Shingle Creek Parkway and County Road 10. j k H i 13 EXHIBIT A Shingle Creek Regional Trail Easement Segment SC-6: County Road 10 to Highway 100 Pedestrian Bridge Commencing at the point last described above, the trail proceeds south/southeast to the northern terminus of the Highway 100 Pedestrian Bridge. The current trail alignment follows the north side of the Brookdale Center Road to the northern terminus of the Highway 100 Pedestrian Bridge. Redevelopment of this area may result in a modified trail alignment in the future. w: j spa ,; 14 EXHIBIT A Shingle Creek Regional Trail Easement Segment SC-7: Highway 100 Bridge Commencing at the northern terminus of the Highway 100 Pedestrian Bridge, the trail proceeds to the southern terminus of said bridge. The Bridge is owned by the Minnesota Department of Transportation (MNDOT). Agreement for use of the bridge for trail purposes is covered under a separate agreement with MNDOT. `s .,i �e g 1100 43, u.K � 0' 15 EXHIBIT A Shingle Creek Regional Trail Easement Segment SC-8: Highway 100 Pedestrian Bridge to Minneapolis Border Commencing at the southern terminus of the Highway 100 Pedestrian Bridge, the trail proceeds south along the western border of Lions Park and then east along the southern border of the park until the point at which the trail enters the City of Minneapolis. i � -240 s ;- ,05 SA'P�i'3kW'�PI a i s. 3 0 71' ohm,: 16 EXHIBIT B Twin Lakes Regional Trail Easement Segment TL-1: Lakeside City Park Commencing at the southern boundary of Twin Lake Park, the bituminous trail proceeds north/northeast to the parking lot of the park. VJ M AAKE A ' 3 + F T. R i\ k 17 EXHIBIT B Twin Lakes Regional Trail Easement Segment TL-2: Twin Lakes Ave. N. (signed only — on-road trail) From the Twin Lake Park parking lot north to the existing bituminous trail on the north side of Lake Breeze Ave. N., there will not be a physical trail, Trail users will be directed between the two points using street markings and signs along Twin Lakes Ave. N.. The on- street portion of the trail does not require an easement under this Agreement. H3 s - �T s I I a�2 M' w t�kK D1 AV's fit 18 EXHIBIT B Twin Lakes Regional Trail Easement Segment TL-3: Lake Breeze Ave. N. to France Ave. N. Commencing from the intersection of Twin Lakes Ave. N. and Lake Breeze Ave. N., the trail proceeds east on the northern side of Lake Breeze Ave using the existing bituminous trail. The trail proceeds north along the eastern side of Azelia Ave. N. and the southern side of 50th Ave. N. to the intersection with France Ave. N. T i �{9Tl9 AVM N ­AV 4 N , ti , l � a s 19 EXHIBIT B Twin Lakes Regional Trail Easement Segment TL-4: France Ave N to Brooklyn Blvd Commencing at the point last described above, the trail proceeds north on the west side of France Ave. N., to 53rd Ave. N.. The trail proceeds east on the south side of 53rd Ave. N. until the road turns to the north, at which point the trail continues to follow the road on the east side of the road until the intersection of 55th Ave. N.. h ' t 20 EXHIBIT B Twin Lakes Regional Trail Easement Segment TL-5: Brooklyn Blvd. to County Road 10 along Xerxes Ave. N. Commencing at the point last described above, the trail crosses Brooklyn Blvd. and Xerxes Ave. N. along the north side of 55th Ave N.. The trail proceeds north along the east side of Xerxes Ave. N. to the intersection of Xerxes and County Road 10. !: I x,. i r a e, A a 21 EXHIBIT C Twin Lakes Regional Trail Extension Easement Segment TLE-1: Xerxes Ave. N. to Shingle Creek Pkwy. along CR 10 The final alignment of the Twin Lakes Regional Trail from Xerxes east to the Mississippi River will be determined through joint planning efforts between City and Park District (See �aragraph 1C). h g I �f Yd�, e. 22 EXHIBIT C Twin Lakes Regional Trail Extension Easement Segment TLE-2: Shingle Creek Pkwy to Mississippi River The final alignment of the Twin Lakes Regional Trail from Xerxes east to the Mississippi River will be determined through joint planning efforts between City and Park District (See Paragraph 1C). a a I 4 v F ya 3 i 3 23