HomeMy WebLinkAbout7B, Construction and Maintenance of Trails�
EN HILLS
Request for Council Aciion
Prepared By:
Michelle 41son, Parks and Recreation Manager ',
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Cour�ci! Meeting Date: July 28, 20�8
Motion to Appro�e an Agreement with Ramsey Coun#y for Construction and
Maintenance of Trails in Tony Schmidt Regional Park and Perry Park.
Budgeted Arr�ount_
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Actual Amount:
f�lA
Fundir�g Source:
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Reeommer�dation:
A Motion to A�prove an Agreernent with Ramsey Cour�ty for Construetion and Maintenance of Trails in
Tany Schmidt Regional Park ar�d Perry Park_
Supparting Documents:
1. Memorandum dated July 28'�' from Michelle Olson, Parks and Recreation Manager.
2. Agreement for Canstruetion and MaFnfenance of Trails in Tony Schmidt Regionai Park
and Perry Park, including Exhibit A.
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MEMORANDUM
DA'I'E: July 28, 200$
T4:
FROM:
SUBJECT:
Honorable Mayor and City Council
Ron Moorse, City Administrator
Michelle Olson, Parks and Recreation Manager ��
Const�xction and Maintenance Agreem�nt with Ramsey County
BACKGR4UND
The City of Arden Hills was informed in June, 200$ that our application for the Local
Coannection Grani Prograrn thraugh the Minnesota Department af Natural Resources was
successful. The grant wil� fund construction of a irail from Perry Park connecting ta the Elmer
L. Andersen Memorial Trail, a short segmeni of such trail must be constructed on Ramsey
County property, as illustrated on Exhibit A(attached). Ramsey County Parks and Recreation
has also received a Federal Recreational Trail Program Grant to fund continued construction of
the Elmer L. Andersen Memorial Trail through Tony Schmidt Regional Park, a short segment of
such trail must be canst�ucted within Perry Park, awned by the City, as illustrated on Exhibit A.
Both of these grant programs require a memorandum of concurrence frozn all administrators af
public lands crossed/utilized by the propased trails. Staff worked wzth Ramsey County Parks
atid Recreation to create an agreement for these sections of trail that addresses the construc�ion
and ongoing rnaintenance (attached for your review). The agreezanent has been reviewed by City
staff and the City Attorney. Ramsey County did discuss the concept of this agreement at the
rune 17, 200$ Parks, Trails, and Recreation Committee (PTRC) Meeting. The PTRC rnade a
motion to recommend the City enter into an agreernent with Rarttsey County in order to proceed
with the canstruction of the trail segments through Perry Park and Tony Schrnidt Regional Park.
RECOMMENDATION
Siaff Recommends a Motion to Approve an Agreement with Ramsey County for Construction
and Maintenance of Trails in Tony Schrnidt Regional Park and Perry Park.
AGR�LNIENT
BETWEEN
THF CITY O�' ARDEN HILLS ANll RAMSEY C4UNTY
FOR CONSTRUCTZON ANll MAINTENANCE OF TRAZLS
IN TONY SCHMIDT REGIONAL �ARK AND PERRY PARK
This Ag�-eement is made �eiween Ramsey County, Minnesata, a political s�bdivision of the State
of Minnesota, on hehaif of the Parks and Recreatior� Departrnent, 20 I 5 North Var� DyEce Street,
Ma�lewood, MN 55109 ("County") and tE�e City o�ArcEen Hil[s, a inun�cipal co�-poration oFthe State of
Minnesota, 1245 West Highway 96, Arc�en Hills, MN 55112-5��3 ("City"}.
WH�REAS, The Ramsey Co�nty Parks and Recreation Department has received a grant from
the Minnesota Depart�nent of Naturaf Resources to fund contin�Eed construction of the E[mer �,. Anderson
tra�� through Tor�y Schmidt �ebional Park, a short sebtnent of st�cl� trail to be constructed within Peny
Park owned by the Ciry, as iliustrated on E�llibit A attacl�ed; and
WHEREAS, The City has received a�rant fro1� the Minnesota De}�artmenE of Nat�fral Resources
to f�znd constr�ction of a trail from Perry Fark cor�nectir�g to the E[mer L. AE�derson Memorial Trail, a
sitort section of such frail which mtist be constcucted an CounCy pzoperty, as i[��strated on Exhibit A; and
WHEREAS, T'he Ramsey County Parks and Rec�•eation Departn�er�t ttas �vorked cooperatively
with the City to deEermine t[�e desigr� a�zd alig€�ment of these traiis a�d the cor�necting trails ��vill enhance
reczeaEianal opportu��ities for aEl park �sers; and
WHER�AS, Tk�e County- and City wit� be res�onsib�e for all costs associated with t3�e
const�ction o�their respecti�e trails; and
WHEREAS, The Ciiy and Co�_�nty wisi� to rr�e��aor:ali7e tf,� County's a��d Ca±y's a�.�thority and
ob[igations for construction, use, onbaing maintenance, rep(acemer�t and reconstruction of these trails.
NOW, THEREFOItE, pwsuant to Ehe statutc�ry authority grar�ted ta eac� par�y ancf �n
cansideratioi� of the mutual covenar►ts ai�d promiscs made herein, the parties aaree as foilows:
SECT�0�1 1
TERMS
I} ThE County gra�ts the City access ta property witi�icl Tony Sclimidt Regional Par�C as designated
as sofid red line on f�e at�ached �xhibit A for the purp�ses o�constructing and maintaining an
8-foot wide bituminous trail, ir�efudin; signage, restoration and [andscaping. Upon completian of
canstcuction of this segrnent of traif to t�e satisf�ictioE� of the CoeEnty, the ir�prove�nents shall
become the property oithe County.
2� The City shall be responsible for �reparin� plans and s�ecitications and administeri�g tt�e project_
Plans a�d speci�cations sl�al[ be svbjeci to a}�proval by ti�e Rams�y County �'arks a�d Recreatian
Department prior to the sta�t of any constructio«.
3) The City s�a1i construct tl�e trail per the a��proved ��ans and inspect tiie trail duri�g construction
to deterniine con�pliance witl� the ap�roved �[ans a��d s�eci�catio�ts.
4} The Ciiy shail be responsible for all on-going rnainte��ance, replacemer�t and reco�struction of t4�e
trai 1.
5) The Ctty sha�l be respo�sib[e for all cosCs assqciated with constructian, onboing �nainte�ance,
reptacement and recor�struction of the trai[.
6) The City grants the Caui�ty access to property within Perry Park for the pu�oses af constructing
and maintair�i�g a 10-foot wicfe bituminous trail, as desi�natec! as so[id yeflow line on the
attached �xh�bit A, incltidizig signage, restoration and landscaping. Upon cornp(etion of
construction of t�is segt�zent of irail to the satisfaction of the City, the irnprovetner�ts shail become
the pro�erty of the City_
7) The County shall be respo��sible for preparir�g plans ar�d specifications and ad�ninisteri�g ihe
pro�ect. F[a�is and specifcations sha[E be subject to approva� by the City prior to star�inb
construction_
$) Ti�e County shali co�struct the trai] per tEle approved plans ancl inspect the trarl during
cor�struction la dete�mine cort�pliance with the approved plans and speci�cations.
9) Ti�e County shall be respo�sible for all on-goin� �naintenance, replacement a��d reconstruction of
the trail except as foflows:
S�otiv rerr�ova[ for t�at section of the Eline� C,. Anderson MemoriaE Trail used by th� Cify
for access to the City's sewer Eift station ex-ithin Perry Park, including the segm�nt Qftrait
withit� Perry Park, s(�all be ti�e responsibility ot�the Ciiy.
10) The Couniy si�all be res�onsEb[e for al[ costs associated with co�structian, ongoing rnaintenance
{except snow removal as indica€ecf in �'aragraph 9, �.l�ove), replacement a�d reco�struction of tl�e
trail_
SECTION 2
DURATION AND A�Y�ENDIVIFNT
I} This Ag�-eemen! �nay be terminated only by �vrittei� a.greeineclt of bath �iarties_
2) 'I'his Abreement may be amended in �vritir�g u�o�i �.gi�eement of both parties_
SEC`C"[O� =�
AGREEMENT SUSJ�ECT TO DATA PRACT�CES ACT
This Agree�ner�t shatl be subject to the Minitesota Da€a �'racfiices Act, Nlinnesota Statutes Chapter 13, ar�d
comparahle provisions af I'ederal �.aw. .
S�CTION 5
INDEMNIFICAIQN AN17 TNSURANCE
I) The County and City agree to iradeznnify, defer�d and ho(d the other party har�nless fro�n a�l
claims, demands, cos�s or judg�nents ca�tsed by ar arising o�t of the negligeace of the party or its
agenfs or ea�-�ployees by vu-tue afthe conslruction, operations and �naintenance ofthe traiks
provided for in #his agreement. Nothir�g herein sha�i co�stitute a waiver by either party of t€�e
li�nitations ar Iia.bility available per Minnesota Stati�tes Chapter 466 or ot�ser appl�cable law_
7
2) The Caunty and City sha�l require that their canti-actor{s) narr�e the Connty and City, respectively,
as "Ariditios�al Insurers" on ail i�tsurance policies required by the Caunty or fif�e Citiy for services
and activities associated with tE�e trails described herein. 1�n acceptabt� Insurance Ceetifcate shall
be delivered ta tf�e respective pa�ties prior to the con��nencement of any saic� trai� project.
SECTION C
MEDIATYON O� DES�'UTES
Any and all disputes betwee� the paz-kies under and concerning t�iis Abreement, including its %rEnation
and the entering into this mecfiatio� clause, sha[i be subject to r�ediation. `fhe disp�te shail be s�bmit#ed
to a mediator selecteci and agreed upon by the �arties within thi�ty {3a} days. Izi �he evez�t that the partias
cannot agree to a inediator, a mediatar shal� be chosen by the Ci�ief Judge of the Rarnsey County District
Court. The costs of inediation sha[1 be equally divic�ec� between the parties_
SECTION '7
COMPLETENESS O� TIIE AGREEMENT
This dQcu�nenE co�ta�ns al[ the terms and cqnditioi�s of ri�is Agreernent, and any aiterations or variat.s.ons
af ihe terrns of this Agreement shall be invalid u�less rtiade �n writinb and sib ed by t�e partEes. There
are no other ur�derstandings, r�presentations or aareements, written or oral, not incorporated �erein. If
any part of th�s Agreement fs declared �luil and vQid by law, the remainina paragraphs of said Agreetttent
sha[1 be valid.
SECTION S
NOTTCES
Wf�enever it slia(E be required or perr�litted b�v ttus A�eement t}�at notice or dema�3d be gi�en or served by
either party ta or on tlac other parly, such not�ce or demar�d s�ai] be delivered personally or maiEed by
United States mai[ ta the addresses 13ereinafier set forth by certifed maiL Such notice or demand shall be
deemed tirnely given wl�en deEiversd persona(ly c�r whe� de�ositecf in the Enail in accarcEance with ihe
above. The addresses of the }�arlies 3�eretc� fc��- such ���ail ps�rposes are as folEows, until written natice of
such address has bee« gi�en:
If ta the C�ty: City Adn�inisEratoa-
Ci�y of Arden I Iills
12�5 W. Hibh�vay 9C
Arden Hills, MN. 551 [2-5743
if to the County: Direclor
Ramsey County Parks and R�crea.tion Dept.
20I5 North Van Dyke St
�viaplewood, MN �5109
PE�one: (651 } 748-25Q0
F�x: (6� i} 748-2�Q$
Wherefore, the par�ies have exec�zted this Agreement on the iast date written below.
RAMSEY COUNTY C�TY OF ARDEN HILLS
.iar� Parker, Chair Mayo��
Ramsey County Board of Comii�issioners
Date: _ 2048 Date: . 2Q08
Ba�r�ie Jac�Celen, Chief Clerk City Adminis�ratar
Rams�y County Boarci of Com�nissioi�ers
Date: _ ?008 Date: . 2008
Approva! Recomuiended:
Gregory A. Mack, Dir�ctor
Parks and Recreation De�artmer�t
Appro��ed As to l�orm and [nsura�ce:
�1ss�stant County Attorney
Budbetinb and Accounting
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