RESOLUTION NO. 27-07
A RESOLUTION
REQUESTING AUTHORIZATION TO USE PORTIONS
OF THE
REGIONAL TRAIL FOR WINTER USE ACTIVITIES
WHEREAS, the Regional Trail provides
many opportunities for recreational use during the winter months including
hiking, cross-country skiing, snowshoeing and walking;
WHEREAS, the Deephaven City Council
would like to be able to provide these recreational opportunities to its
citizens;
AND WHEREAS, the Deephaven City Council
hereby requests authorization from the Three Rivers Park District Board of
Commissioners to use that portion of the Regional Trail Corridor that is
located within the City of
NOW,
THEREFORE, IT IS UNDERSTOOD AND AGREED THAT APPROVAL FROM THE THREE RIVERS PARK
DISTRICT BOARD OF COMMISSIONERS IS CONTINGENT UPON THE FOLLOWING CONDITIONS:
1. The City agrees to defend, indemnify, and hold harmless the Park
District, its officials, officers, agents, volunteers, and employees from any
liability, claims, causes of action, judgements, damages, losses, costs or
expenses, including reasonable attorney’s fees, resulting directly or
indirectly from any act or omission of the City, its respective contractors,
anyone directly or indirectly employed by them, and/or anyone for whose acts
and/or omissions they may be liable for related to the winter use of the
Regional Trail Corridor. If City
maintains general liability insurance at the time this permit is issued, the
City shall provide the Park District with a Certificate of Insurance, naming
the Three Rivers Park District as an additional named insured.
2. The City agrees to maintain the trail, including, but not limited to,
any plowing, sweeping, sanding, packing, trash pick-up, and sign placement between
November 15, 2007 and March 31, 2008.
The City further agrees to immediately address all safety issues on or
adjacent to the trails.
3. The City will provide signage at locations approved by the Park
District, notifying the public of authorized winter activities within its city
limits; activities may include, but are not limited to hiking, snowmobiling,
cross-country skiing, snowshoeing, or pet walking. Winter use signs must be installed by the
City at designated locations prior to November 15, 2007 and removed by the City
no later than April 15, 2008. These
signs are totally the responsibility of the municipality.
4. Snowmobiling is not allowed on asphalt trails. Permitted use for snowmobiles will be limited
to direct crossing and/or in areas where the snowmobile trail is kept from
running on paved trails and bridges. If
snowmobiling is permitted, steps must be taken to keep snowmobiles from
damaging paved trails, bridges and other property.
5. The City agrees to enforce rules and regulations established by the
municipality as part of its request for a Winter Use Permit.
6. The City agrees to repair all trail surface damage that occurs as a
result of winter trail activities and/or maintenance, including, but not
limited to, bituminous/concrete repair, bridge deck repair, grading or adding
aggregate pursuant to guidelines established by the Park District.
7. The City agrees that winter trail use will be available to all persons,
regardless of residence.
Adopted by the Council of
the City of Deephaven this 20th day of August, 2007.
_
_
Paul A. Skrede, Mayor
Attest:_
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Dana H. Young, City Administrator