A _ and Location of Snowmobile Trail

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1 December 7, 2015 DATE REQUEST FOR COUNCIL ACTION 3L AGENDA ITEM ORIGINATING DEPT AGENDA ITEM CITY ADMINISTRATOR APPROVAL Kelly Matzke Right of Way Technician PREVIOUS ACTIONS: Approvalof Snowmobile Trail Agreement A _ and Location of Snowmobile Trail ~ Resolution No On November 17, 2014 the Council adopted Resolution No approving the location of the snowmobile trail and approving the snowmobile trail agreement for the snowmobile season. RECOMMENDED COUNCIL ACTION: Motion to adopt Resolution No approving the location of the snowmobile trail for as shown on the accompanying map, approving the snowmobile trail agreement for the snowmobile season and authorizing the Mayor and City Clerk to execute said agreement. COMMENTS: Northwest Trails has submitted a request for approval of their snowmobile trail for the snowmobile season as shown on the map accompanying the snowmobile trail agreement. The requested trail location is identical to last year's. The trail, as requested, lies on both sides of County Road 81 from the north City limits to west of Fernbrook Lane, then north through two private properties and into Dayton. Permits are on file from the two private property owners, Wayne Meloche and Allen Dehn, upon which the trail passes. A Certificate of Insurance has been submitted and was approved by the City Attorney. It is recommended that the Council adopt the attached Resolution approving the trail location, approving the Agreement and authorizing the Mayor and City Clerk to execute said Agreement.

2 RESOLUTION NO RESOLUTION APPROVING THE LOCATION OF THE SNOWMOBILE TRAIL FOR AS SHOWN ON THE ACCOMPANYING MAP, APPROVING THE SNOWMOBILE TRAIL AGREEMENT FOR THE SNOWMOBILE SEASON, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT WHEREAS, pursuant to Ordinance No , Northwest Trails Association has obtained permission to operate a snowmobile trail from all owners, occupants or tenants of privately-owned property upon which the Northwest Trails snowmobile trail is to be located; and WHEREAS, all conditions of Ordinance No relating to the placement of a snowmobile trail in proximity to residences and/or property lines have been adhered to; and WHEREAS, Hennepin County has approved the use of the CSAH 81 right-of-way west of Fembrook Lane for a snowmobile trail; and WHEREAS,. a Snowmobile Trail Agreement has been drafted which identifies the responsibilities of Northwest Trails Association regarding the use of CSAH 81 right-of-way. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maple Grove, Minnesota: 1. The snowmobile trail location, as shown on the map attached to and made a part of this Resolution, is hereby approved. 2. The Snowmobile Trail Agreement for the snowmobile season is hereby approved. 3. The Mayor and City Clerk are hereby authorized to execute said Snowmobile Trail Agreement. Adopted by the City Council on this 7th day of December, The motion for the adoption of the foregoing resolution was made by Councilmember seconded by Councilmember, and upon vote being duly taken thereon, the following voted in favor thereof: and the following voted against the same: and the following were absent: whereupon said resolution was declared duly passed and adopted.

3 STATE OF MINNESOTA) COUNTY OF HENNEPIN) CITY OF MAPLE GROVE) SS. I, the undersigned, being the duly qualified and acting Clerk of the City of Maple Grove, Hennepin County, Minnesota, a Minnesota municipal corporation, hereby certify that the above and foregoing Resolution No is a true and correct copy of the Resolution as adopted by the City Council on the 7th day of December, 2015.

4 AGREEMENT SNOWMOBILE TRAIL AGREEMENT THIS AGREEMENT is entered into this day of, 2015, by and between the CITY OF MAPLE GROVE, a Minnesota political subdivision (hereinafter referred to as "the City") and NORTHWEST TRAILS DEVELOPMENT ASSOCIATION, a Minnesota non-profit corporation (hereinafter referred to as "the Association"); WITNESSETH: WHEREAS, the Association has asked permission of the City to install and use a snowmobile trail within the right-of-way of County State Aid Highway No. 81 from West of Fembrook Lane to the north City limits; and WHEREAS, the City has been granted permission by Agreement from Hennepin County for constructing, maintaining and supervising such a trail, a copy of said Agreement is attached hereto as Exhibit A and incorporated by reference as if fully set forth herein; and WHEREAS, said Agreement with Hennepin County was amended on March 12, 1996, said Amendment to Snowmobile Agreement is attached hereto as Exhibit C and incorporated by reference as if fully set forth herein; and WHEREAS, the City is willing to grant the Association's request referred to herein subject to the following terms and conditions. NOW, THEREFORE, in consideration of the foregoing and the mutual covenants of the parties as set forth below, the City and Association agree as follows: 1. The City hereby grants the Association permission to, at the Association's sole expense, construct, maintain, and supervise a snowmobile trail within the right-of-way of said County State Aid Highway No. 81 as shown in red on the attached Exhibit B. -1-

5 2. The Association agrees to be bound by, perform in the City's stead, hold the City harmless for any alleged breach of the terms and conditions thereof in the Hennepin County Agreement attached hereto as Exhibit A. 3. The Association shall secure and maintain insurance from a company authorized to write casualty insurance in the State of Minnesota and will cause the City to be named as an additional insured thereon. Said insurance shall provide coverage for claims involving bodily injury, death, or property damage which may arise directly or indirectly as a result of the matters set forth in this Agreement. An insurance certificate shall have been furnished to the City at or prior to the signing of this Agreement. The certificate and policy shall contain a clause providing that it shall not be canceled by the insurance company without thirty (30) days written notice to the City of its intention to cancel. The certificate and policy shall also delete any language which states that failure to mail 30 days notice before the expiration of any policy shall impose no obligation or liability upon the insurer, its agents or representatives. In addition, the certificate shall indicate that the coverage shall be in the following limits: (a) public liability, personal injury, and property damage; (1) (2) each occurrence $2,000,000 aggregate, including products and completed operations $2,000,000 (b) automobile and truck public liability, personal injury and property damage including owned and non-owned vehicle; (1) (2) (3) injury or death of one person injury to more than one person in a single accident property damage $2,000,000 $2,000,000 $2,000,000-2-

6 4. The Association shall assume all liability for and hold harmless, indemnify and defend the City and its employees and officers from liabilities and claims of damage because of bodily injury, death, property damage, sickness, disease or loss and expense arising from the Association's actions concerning this Agreement. 5. This Agreement and the Association's right to construct, maintain, supervise and use the trail facilities referred to herein shall expire April 1, 2016, or upon twenty (20) days written notice for such reason as the canceling party deems appropriate. 6. Notices required pursuant to this Agreement or given with regard thereto shall be in writing, addressed by certified mail as follows: ASSOCIA non CITY OF MAPLE GROVE c/o City Clerk P.O. Box 1180 Maple Grove, Minnesota NORTHWEST TRAILS DEVELOPMENT ASSOCIATION P.O. Box 444 Osseo, Minnesota Notice shall be complete upon mailing. 7. This Agreement may be amended only by written instruments signed by all parties. 8. This Agreement shall bind the heirs, executors, administrators, successors, and assigns to the parties hereto. WHEREFORE, the parties, having read the foregoing instrument and understanding its terms, sign below as their free, voluntary and knowing act. CITY OF MAPLE GROVE Dated: By: Mark Steffenson, Mayor Dated: And: _ Jim Knutson, Acting City Administrator -3-

7 NORTHWEST TRAILS DEVELOPMENT ASSOCIATION Dated: By: Its STATE OF MINNESOTA) CITY OF MAPLE GROVE) SS. COUNTY OF HENNEPIN ) This instrument was acknowledged before me on by Mark Steffenson and Jim Knutson as Mayor and Acting City Administrator respectively of the CITY OF MAPLE GROVE. Notary Public STATE OF MINNESOTA) COUNTY OF HENNEPIN ) ) SS. This instrument was acknowledged before me on by as of the NORTHWEST TRAILS DEVELOPMENT ASSOCIATION. Notary Public This instrument was drafted by: City of Maple Grove Arbor Lakes Parkway P.O. Box 1180 Maple Grove, MN

8 ,'",,,...., (~., ".. 'b I..' -'.' EXHIBIT A Agree.ent'No. PW County state Aid Highway No. 81 City of Maple Grove county of Hennepin SNOWMOBILE.AGREEMENT AGREEMENT. Made and entered into by and between the County of Hennepin, _ r"z \\, ~ this {. Z ~ day of \ 't-n{'t~. 19 1fI_. () C. a body politic and c\jporate u~~the laws Qf the state of Minnesota, hereinafter referred to as the IICountyK and the City of Maple Grove, a body po1itic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "City". WITNESSETH: WHEREAS. The City desires to use County right of way along County State Aid Highway No, 81 for a snowmobile trail; and WHEREAS, The County has indicated its willingness to approve such use subject to the following agreed to conditions; and WHEREAS, It is contemplated that said approval be carried out by the parties hereto under the provisions of M.S. SEC and SEC, HOW THEREfORE. IT IS HEREBY AGREED: 1 The City is permitted to construct, maintain and supervise a snowmobile trail within the right of way of county state Aid Highway No. B1 from the north City limits to the east City limits. Permission ;s granted solely for the purpose of construction and maintenance of a snowmobile trail and shall not include the construction of any permanent buildings. -1-

9 . ',.. Agreement No. PW The definition and operation of snowmobiles shal1 be in accordance with Minnesota statutes Sections and 84.S7. II The construction. ma1ntenance and supervision of the snowmobile trail and ancillary facilities will be at no expense to the County. III IV Permission for the trail is non-exclusive and is granted subject to the rights of others, including, but not limited to public utilities which may occupy the right of way. V The City will preserve and protect all utilities located on the lands covered by this agreement at no expense to the County. VI No advertising devices 1n any form or size shall be constructed or permitted to be constructed or placed upon the lands covered by th1s permit. VII The City shall provide a,1 necessary regulatory signing and enforcement relating to the safe and proper utilization of the snowmobile trail. Signing to be in accordance with the Minnesota Manual of Uniform Traff1c Control Devices and NR 54 of the Minnesota Snowmobile Sarety Laws, Rules and Regulations. -2-

10 Agreement No. PW VIII Some hazard or trail markers may have to be removed each year at the end of the season and replaced at the beg1nning of the next season. These will be identified by County personnel, but the removal and replacement will be done by the City at no cost to the County. Trails shall make County highway crossings perpendicular to County highway centerline and where there is adequate crossing sight distance. IX X The City shall construct the snowmobile trail along both sides of the highway subject to verification by the County Department of Public Works that the construction geometries and procedures result in trails that are compatible with the safe and.ffieient operation of the highway facility. plan. Xl Approval from the County will be required for any changes from the approved XII The CitYt upon completion of the construction of the snowmobile trail, shall restore all disturbed slopes and ditches in such manner that drainage, erosion control and esthetics are perpetuated. XIII Permission does not release the City from any liability or obligation imposed by -3-

11 . Agreement No. PW federal law, Minnesota statutes, local ordinances, or other agencies relating thereto and any necessary permits relating thereto shall be obtained by the City. XIV Any use permitted by this agreement shall remain subordinate to the right of the County to use the property for highway and transportation purposes. This permit does not grant any interest whatsoever in land, nor does it establish a permanent park, recreation area or wildlife or waterfowl refuge facility that would become subject to Section 4(f) of the Federal Aid Highway Act of XV This agreement shall be subject to cancellation and termination (for any cause or reason) or in the event that any portion of the lands subject to this permit are required for transportation purposes, by giving the City written notice at 1east 90 days pr10r to the date when such termination shall become effective. XVI Upon cancellation of said agreement, or any portion of the trail thereof, the City will be required to return and restore the area in a condition satisfactory to the County Department of Public Works. XVII The City shall assume liability for and hold harmless and indemnify the county, its Department of Public Works, its County Engineer and its employees from liabilities and claims of damage because of bodily injury, death, property damage, sickness. disease or loss and expense arising from the City's operation on the lands over which this perm1t is granted. -4-

12 . Agreement No. PW XVIII The City shall provide all labor and supervision, or contract administration and inspection required for the trail improvements. However, the County Engineer or his staff shall have the right, as the work progresses, to enter upon the jobs1te to make any inspections deemed necessary, but will have no responsibility for the supervision of the work. XIX The costs for all work performed by the City and its agents as provided herein shall be borne 100 percent by the City. XX It is further agreed that any and all employees of the City and all other persons engaged by the City in the performance of any work or services required or provided herein to be performed by the City shall not be considered employees of the County, and that any end all claims that mayor might arise under the Worker's Compensation Act or the Unemployment Compensation Act of the state of Minnesota on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said employees while so engaged on any of the work or serv1ces provided to be rendered herein shall in no way be the obligation or responsibility of the County. Also, any and all employees of the County and all other persons engaged by the county in the performance of any work or services required or provided for herein to be performed by the County shall not be considered employees of the City,,and that any and all claims that mayor might arise under the Worker's Compensation Act or the Unemployment compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of -5-

13 ,. Agreement No. PW any act or omission on the part of said employees while so engaged on any of the,work or services provided to be rendered herein shall in no way be the obligation or responsibility of th~ City. XXI The provisions of M. S and of any applicable local ordinance relating to civil rights and discrimination and the affirmative action policy statement of the County shall be considered a part of this agreement as though fully set forth herein. In accordance with the County Affirmative Action Policy and the County Commissioners' policies against d1scriminat1on, no person shall be excluded from full employment rights or participation in or the benefits of any program, service or activity on the grounds of race, color, creed, religion, age, sex, disability, material status, affect10nal/sexual preference, pub11c assistance status, ex-offender status, or national origin; and no person who is protected by applicable federal or State laws against discrimination shall be otherwise subjected to discrimination. -6-

14 Agreement No. PW IN TESTIMONY WHEREOF. The parties hereto have eaused this agreement to be executed by their respective duly authorized officers as of the day and year f1rst above written. (Seal) CITY Of MAPLE GROVE,/I /\) y-:, By: y} tvi11.l', (.J-",X./.A.<t."'l...(.. R~a-y-o~r~(~;~' ~--... ~ Date: //-?-/- fff:i' ~i ~------~ Date: --'0'-'1_ _,-_.;;c_../_.:.._::;.f,_.j ij""-- ATTEST: COUNTY or HENNEPIN Date: "'-1_-...,,9(:..=...,..;..._-_7>_ >_9_, Upon proper execution, this agree.ent _111:\ legally V~lId 87 bl"z~., By. "!""c <IQ)' L.., Assis antountiatorney~/ "-, Date: U Ie' 3, I' ~.. ( Date: /.) - /1-' eft I RECOMMENDED for APPROVAL.J").: d,,,", Date:...;/..;,:.?'_- -4;({'~., J_~)-- _

15 I......,otn'-" \----'", "I.,. -~~'!...5.! Ii.,1 5) 1,...H_~H_[ 1.!_~~ -.~ _j " 5 a.. ~:.:, /" '/ p'"./,i',1 EXHIBIT B a~of Maple Grove SNOWMOBILE TRAIL ROUTE

16 EXHIBITC. Amendment No.1 to Agreement No. PW County State Aid Highway No. 81 City of Maple Grove County of Hennepin AMENDMENT TO SNOWMOBILE AGREEMENT THIS AGREEMENT, MiQ! and entered into thi s 12- day of ~, 19~, by and between the County of Hennepin, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "County", and the City of Maple -Grove, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "Ci ty". WITNESSETH: WHEREAS, There exists in full force and effect, Agreement No. PW dated January 17, 1989 between the County and the City which permits the City to construct, maintain and supervise a snowmobile trail w1th1n the right of way of County State Aid Highway No 81 from the north City limits to the east City 1 imtts; and WHEREAS, The City has requested that the snowmobile trail be removed from the south side of CSAH 30 to the east City limits; and.whereas. The parties hereto, therefore, desire to amend said Agreement No. PW as hereinafter set forth: NOW THEREFORE, IT IS HEREBY AGREED: The first sentence of Article I foll owi n9: I is hereby deleted and replaced with the The City is permitted to constructi maintain and supervise a snowmobile trail within the right of way of County State Aid Highway No. 81 from the north City limits to the north side of County State Aid Highway No. 30. II Except as provided herein, all terms and conditions in said Agreement No. PW shall remain in full force and effect

17 ", ' Amendment No. 1 to Agreement No. PW CSAH 81 IN TESTIMONY WHEREOF, The parties hereto have caused this Agreement to be executed by their respective duly authorized officers as of the day and year first above written. (Seal) Date: 2-'~ ql, _ Date: istan~ Cou~ y Attorney.,.j I / / ~rl;b >~j.' 72.. / RECOMMENDED FOR APPROVAL By: fra~tit1'01 ~ Engineer Date: 2,t?f!U.. VI - 2 -