01-28-2019 Council Packet - Laserfiche WebLink

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Anoka County Contract No. C0000512A AMENDMENT NO. 1 TO JOINT POWERS AGREEMENT BETWEEN ANOKA COUNTY AND THE CITY OF LINO LAKES THIS AMENDMENT is made and entered into this day of , 2019 ("Effective Date"), by and between the County of Anoka, a political subdivision of the State of Minnesota, 2100 Third Avenue, Anoka, Minnesota, 55303 ("County"), and the City of Lino Lakes, a municipal corporation under the laws of the State of Minnesota, 600 Town Center Parkway, Lino Lakes, Minnesota, 55014 ("City"). WITNESSETH: WHEREAS, the County owns and operates the Rice Creek Chain of Lakes Regional Park Reserve part of which is located within the geographical boundaries of the City; and WHEREAS, the City has requested to install a playground over County property as indicated in Exhibit A, which is attached hereto and incorporated herein ("City Playground"); and WHEREAS, the parties previously negotiated a Joint Powers Agreement, Contract No. 2006-0056, dated on or about July 25, 2006 (herein "JPA") which addresses each party's responsibilities and obligations with regard to the existing trail and new trail segments constructed over County park property; and WHEREAS, paragraph IX of the JPA provides that any modification of the provisions of the agreement must be reduced to writing and duly signed by the parties herein; NOW, THEREFORE, in consideration of the mutual covenants hereinafter stated and those contained in the original JPA, the parties agree to amend the JPA as follows: 1. Section II. entitled "NEW TRAIL SEGMENTS" is amended as follows: The title is amended to read: NEW TRAIL SEGMENTS / PLAYGROUND: The following provision is added to Section II: The County grants the City a License to install, use, and maintain playground equipment on county property, in the location described in Exhibit A attached to this Amendment. This License includes the right of reasonable access to the county property to perform work as needed. The City shall be responsible for all costs associated with the construction, installation, maintenance, replacement, repair and/or removal of the playground equipment, including the restoration of county property to the condition that existed prior to said construction and installation upon removal of the equipment. 2. Section III. entitled "CONSTRUCTION AND MAINTENANCE OF TRAIL SEGMENTS" is amended as follows: