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Res 2019-20 Lower Rice Creek Stab. Proj.RESOLUTION NO. 2019 - 20 RESOLUTION APPROVING AN ACCESS AGREEMENT WITH THE RICE CREEK WATERSHED DISTRICT FOR THE "LOWER RICE CREEK STABILIZATION PROJECT WHEREAS the City owns property between MN Highways 47 and 65 in the City of Fridley that is crossed by Rice Creek (the "Property"), and that consists of four parcels with property identification numbers 11-30-24-43-0001, 11-30-24-44-0001, 12-30-24-33-0001 and 13-30-24-22-0075; and WHEREAS the County operates a natural and recreational area on the Property known as Locke Park and maintains, by agreement, bituminous recreational trails within the Property and the riparian corridor; and WHEREAS the Rice Creek streambank within the Property is unstable and eroding in several locations; and WHEREAS the District has prepared a plan to stabilize eroding streambanks and improve water quality and habitat (the "Project"); and WHEREAS the City and County concur in the public benefit and improvement to the Property, and support the Project; and WHEREAS the District has received a Clean Water Fund (CWF) grant from the State of Minnesota that will provide substantial funding for the Project; and WHEREAS the CWF grant agreement requires that the District maintain the Project for 25 years; and NOW THEREFORE, the City and District enter into this Access Agreement ("Agreement") as upon recommendation of the Public Works Director / City Engineer. PASSSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 13TH DAY OF MAY, 2019. SCOTT J. LUND — MAYOR ATTEST: DEBRA A. SKOGEN - CITY CLERK Access Agreement City of Fridley, County of Anoka, and the Rice Creek Watershed District Lower Rice Creek Stabilization Project THIS ACCESS AGREEMENT ("Agreement") is made by and among the City of Fridley ("City"), County of Anoka ("County"), and the Rice Creek Watershed District ("District"), political subdivisions of the State of Minnesota; WHEREAS the City owns property between MN Highways 47 and 65 in the City of Fridley that is crossed by Rice Creek (the "Property"), and that consists of four parcels with property identification numbers 11-30-24-43-0001, 11-30-24-44-0001, 12-30-24-33-0001 and 13-30-24- 22-0075; and WHEREAS the County operates a natural and recreational area on the Property known as Locke Park and maintains, by agreement, bituminous recreational trails within the Property and the riparian corridor; and WHEREAS the Rice Creek streambank within the Property is unstable and eroding in several locations; and WHEREAS the District has prepared a plan to stabilize eroding streambanks and improve water quality and habitat (the "Project"); and WHEREAS the City and County concur in the public benefit and improvement to the Property, and support the Project; and WHEREAS the District has received a Clean Water Fund (CWF) grant from the State of Minnesota that will provide substantial funding for the Project; and WHEREAS the CWF grant agreement requires that the District maintain the Project for 25 years; and NOW THEREFORE, the City, County, and District enter into this Access Agreement ("Agreement") as follows, intending to be legally bound hereby: 1. RIGHT OF ENTRY AND NOTICE TO PROCEED. a. The District, its employees and contractors are granted access to the Property depicted in the Exhibit A, attached to this Agreement and incorporated herein, subject to subsequent agreement of the parties as to the Construction Limits. Upon completion of plans and specifications by the District's engineers, the parties agree to define specific construction limits within Exhibit A, for the design and construction of the Project, including but not limited to land and vegetation disturbance, excavation, recontouring of the channel and adjacent land, structural and bioengineered features, seeding and planting, staging, stockpiling, installations to protect work -in -progress and public safety, and all other operations convenient or necessary for design and construction, or to conform to the CWF grant agreement. The District will provide plans/specifications to the County and City for review. Once an agreement is reached by the parties as to the specific Construction Limits for the Project and access routes, the County will issue a Notice to Proceed to enable the District to commence construction. The Construction Limits will be reasonably convenient for, and not impose unnecessary cost on, Project construction. Before construction, the District, County, and City will further confer on site to identify trees that may be removed. b. TERM / TERMINATION OF RIGHT OF ENTRY: The right of entry and occupation described in the above paragraph will commence immediately upon execution of this Agreement for design purposes, and on June 1, 2020, or the date of the County's Notice to Proceed (whichever is later) for construction purposes. The right of entry for construction purposes ceases on December 31, 2021, or when the District confirms in writing that the Project has been completed, whichever is earlier. Notwithstanding this termination of the right of entry, the parties agree that the District will have a continuing right of entry as necessary for ongoing maintenance of the Project, described herein. 2. PERMITS/APPROVALS. The County and City each will timely give the District any information in its possession regarding subsurface structures, utilities, other physical features, and any other information relevant to project development and design. Each party will cooperate with the District in securing permits and approvals in its status as landowner, and will timely process any permit or approval that the District requires for the Project. Pursuant to Minnesota Statutes §103D.335, subdivision 24, each party will not charge a fee for any such permit or approval. 3. PROJECT REQUIREMENTS. The Project will conform to the following requirements: a. All permanent land disturbance will be within the existing 100 -year floodplain of Rice Creek, as the floodplain is delineated on Attachment A. The Project will not expand the 100 -year floodplain of Rice Creek either in the Project area or generally. b. The permanent alterations constituting the Project will not encroach on bituminous trail or structural components of walking bridges. c. The District will repair and restore all lands and improvements within the Property, including bituminous trails and structures, to their materially preexisting condition before the Project, except for those structures or land that will be permanently altered by the Project, per the plans/specifications, or where the owning party waives that requirement in writing. d. The District will require its contractor to meet all local requirements for traffic control and public safety, to provide for public safety, to keep the Project site clean and clear of trash and debris, and to avoid interference with trail use to the extent feasible. No trails or portions of trail will be closed during the Project without prior consent of the County and detour routes and signage in place to inform the public. e. The District will require that its contractor name the City and County as additional insureds under its commercial general liability policy during construction, with primary coverage on a noncontributory basis and a coverage limit of at least $1.5 million per claim and aggregate. Each party will be named as a holder and will receive a certificate of insurance before contractor entry for construction. If any dewatering of the work site is required, waters will be diverted and returned to the Rice Creek channel downstream. 4. SIGNAGE. The District, City and County may collaborate to erect and maintain public informational and educational signage in conformance with reasonable size and location conditions of the City and County. Signage will recognize the collaboration of the parties. The District will be responsible, at its cost, for signage necessary to meet CWF grant agreement terms, but the parties otherwise may agree to share signage costs and responsibilities. S. COSTS. The District is responsible for all costs of the Project, unless otherwise stated herein. Neither the City nor the County will be responsible for any part of the cost of Project design, construction, maintenance, or required permits, except for each entity's own costs that may be necessary to meet its responsibilities under this Agreement. 6. INDEMNIFICATION. The District will defend, indemnify, and hold harmless the County and the City, including their officials and employees, from any and all claims, losses, actions, costs, damages and liabilities to the degree they are the result of any action or omission of the District in the design, construction, or maintenance of the Project that is the basis for the District's liability in law or equity. This indemnification provision shall not be construed to waive any immunity to a tort claim that any party may otherwise have by virtue of its status as a government entity. This Agreement shall affect only the allocation of liability between the parties to this Agreement and creates no right in and waives no immunity, defense, or liability limit with respect to any third party. 7. MAINTENANCE. For a period of 25 years from the date of project completion, the District may enter and occupy the Property, including with light vehicles, to inspect and maintain the Project. On District request, the City and County will provide reasonably convenient access and limits for Project maintenance. The District will provide at least one week's written notice to the City and County before accessing the property using motorized equipment for Project inspection or maintenance. The District will be responsible for any impact or disturbance of land, trails, or structures as a result of Project maintenance, and will repair all impacts or disturbed areas materially to their materially preexisting condition, except where the owner waives that requirement in writing. During the 25 -year period of maintenance, neither the City nor the County will disturb, or authorize disturbance of, the channel bed or banks within the Project limits without written District concurrence. 8. NOTICES. All communications and notices under this Agreement will be made to the following representatives of the parties, or to such other representative as a party may advise the others in writing: For the District: Administrator, Rice Creek Watershed District 4325 Pheasant Ridge Drive NE, #611 Blaine, MN 55449 763-398-3070 For the County: Jeff Perry, Director of Anoka County Parks 550 Bunker Lake Blvd NW Andover, MN 55304 763-324-3409 For the City: 7071 University Avenue NE Fridley, MN 55432 763-238-8063 all 9. AMENDMENT Any alterations, variations, modifications or amendments to the provisions of this Agreement shall be valid only when they have been reduced to writing and duly signed by the parties. 10. ENTIRE AGREEMENT It is understood and agreed that the entire agreement of the parties is contained herein and that this Agreement supersedes all oral agreements and all negotiations between the parties relating to the subject matter thereof, as well as any previous agreement presently in effect between the parties to the subject matter thereof. [Signature Page Follows] IN WITNESS WHEREOF, the parties of this Agreement have hereunto set their hands on the dates written below: RICE CREEK WATERSHED DISTRICT By: Phil Belfiori, Administrator COUNTY OF ANOKA By: Rhonda Sivarajah, Chair Anoka County Board of Commissioners By: Jerry Soma County Administrator APPROVED AS TO FORM By: Christine V. Carney Assistant County Attorney CITY OF FRIDLEY By: Scott Lund Mayor By: Wally WysopaI City Manager 11 Dated: Dated: Dated: Dated: Dated: Dated: N This map depicts the area of the 2019/2020 Lower Rice Creek Stabilization Project Feet in Fridley, MN. The project area is shown with parcel lines and PIN numbers. 0 500 1,000 2,000 4/17/2019 The project area parcels are owned by the City of Fridley.