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HomeMy Public PortalAbout1983-009" Member��i/�� GCsa.rr-, /C!e4 introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. Y -5-Y- RESOLUTION AUTHORIZING EXECUTION OF LIMITED USE PERMIT FOR OPERATION OF SNOWMOBILE CORRIDOR ON HIGHWAY 55 WHEREAS, Northwest Trail Association has developed plans for the establishment and maintenance of a snowmobile corridor within the right-of-way of T.H. 55 from Arrowhead Drive to 0.5 Miles East of C.S.A.H. 116 in the City of Medina; and WHEREAS, the Minnesota Department of Transportation has tendered to the City of Medina a "Limited Use Permit" for the construction, maintenance and use of a snowmobile trail within the right-of-way of T.H. 55 as outlined in Exhibit A of the Minnesota Department of Transportation Limited Use Permit, attached hereto; and WHEREAS, Northwest proposes to be responsible for the construction, maintenance and operation of said snowmobile trail, acknowledges that the City of Medina will not undertake any responsibility for such construction, operation and main- tenance and that Northwest will hold the City harmless from any responsibility imposed by the terms of said "Limited Use Permit"; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Medina, that in consideration of the execution by the City of the said "Limited Use Permit" with the Department of Transportation, Northwest Trails Association will execute an Addendum Agreement to said "Limited Use Permit" agreeing to all conditions contained therein. Dated: at7l 614S7.--77 Th. as Anse on, Mayor ATTEST: ��7 e-7'-", 0 / -1-t-i-e / Donna Roehl, Clerk The motion for the adoption of the foregoing resolution was duly seconded by member41/ %r, 4/ .SC /er"e r and upon vote being taken thereon, the following voted in favor thereof; c ,// nn JC ��3! i''Z Yi�� /DL r" , /ve; .��!/.r;.e rr , ,f>" ��rc2'Gr��.y,ry and the following voted against same; /3o/lc Whereupon said resolution was declared duly passed and adopted. e y o 6y (g) Northwest will obtain any permits required by federal, state or local laws and regulations or from any public agencies. (h) Northwest does hereby assume all of the obligations of and agree to all of the terms and conditions contained in the Limited Use Permit. (i) Northwest will execute and deliver to the City a bond, naming the City as obligee, in the sum of $ conditioned upon suitable performance by Northwest of the conditions of this Addendum and of those contained in the Limited Use Permit. This Agreement is binding upon the parties hereto, their representatives, successors and assigns. IN TESTIMONY WHEREOF, the parties hereto have set their hands the day and year first above written. BY X :r33s----Y1-aJ /� J City Clerk Northwest Trails Association By e /ZD C�a ADDENDUM TO LIMITED USE PERMIT THIS AGREEMENT, made and entered into this /5 day of , 198 57 by and between the City of Medina, a Minnesota daunicipal corporation, ("City") and Northwest Trails Association, ("Northwest"). In consideration of the execution by the City of the Minnesota Department of Transportation Limited Use Permit for the purpose of constructing, maintaining and supervising a snowmobile trail within the right-of-way of T.H. 55 from Arrowhead Road to 0.5 Miles East of C.S.A.H. 116 in the City of Medina, Northwest agrees: (a) Northwest will, at its own cost and expense con- struct, maintain and operate the said corridor, and will obtain the permission of property owners for said snowmobile corridor. (b) In the establishment, maintenance and operation of said corridor, Northwest will be an independent contractor. The City will not control the work of Northwest and the City will not be responsible for worker's compensation, unemployment compensation or other employee benefits. (c) Northwest will assume all responsibility and liability for its employees and agents, shall provide and maintain adequate insurance to hold the City harmless from any and all claims for injury to persons or property arising out of the construction, maintenance and operation of the corridor and will file evidence in the form of acceptable Certificate of Insurance to the City establishing that such insurance is in force and that the City is named as an additional insured party. (d) Northwest will preserve and protect all utilities in the lands over and across which the said corridor is established. (e) Northwest will provide all necessary regulatory signing relating to the safe and proper utilization of the corridor, such signing to be in accordance with the provisions set out in Paragraph 7 of the Limited Use Permit. It will remove such of the signs as the Minnesota Department of Transportation may require and designate at the end of each season. (f) Northwest will perform all of the conditions imposed upon the City by Paragraphs 9, 10, 11, 12, 16, 17 and 18 of the Limited Use Permit.