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PUBLIC FISHING PIER COOPERATNE AGREEMENT This agreement, between the State of Minnesota, acting by and through the Commissioner of the Department of Natural Resources, hereinafter referred to as the "State", and the City of Hastings, hereinafter referred to as the "City". WITNESSETH: WHEREAS, the Commissioner of Natural Resources has the authority, duty, and responsibility under Minnesota Statutes Section 97 A.141 to provide public water access sites on lakes and rivers, where access is inadequate; and WHEREAS, the State and the City are authorized under Minnesota Statutes Section 471.59, to enter into agreements to jointly or cooperatively exercise common power; and WHEREAS, the State and the City have determined that a fishing pier site on Lake Isabelle, hereinafter referred to as the "Fishing Pier" is of high priority under the state public water access program; and WHEREAS, the City owns land described as; Sec. 27 , T.115N, R.17W, as shown in Exhibit A and on the attached map; and WHEREAS, plaus for the Fishing Pier have been developed and approved by the State and are attached hereto as Exhibit B and shall be referred to as the "Plan"; and WHEREAS, the State and the City desire to cooperate in the installation and maintenance of the Fishing Pier on Lake Isabelle; and WHEREAS, a resolution or copy of the City councillboard meeting minutes authorizing the City to enter into this agreement is attached hereto as Exhibit C; and NOW, THEREFORE, in consideration of the mutual benefit to be derived by the public bodies hereto and for the benefit of the general public, the parties agree as follows: I. INSTALLATION Installation of the Fishing Pier structure itself shall be the responsibility of the State, however, the City shall provide personnel and equipment when feasible to assist with the installation. The City will coustruct and pay for a concrete footing and approach at the shoreline connecting the Fishing Pier gangway to the shore. The City will also construct and pay for a hard surfaced, accessible sidewalk/pathway, which meets ADA requirements of less than a 5% gradient, 1 % cross slope and 1 % tolerance connecting the Fishing Pier to an accessible parking space. The City agrees to complete their portion of the project Installation within one year of the effective date of this Agreement. II OPERATION OF THE FISHING PIER The City shall operate the Fishing Pier in the following manner: a. The City shall comply with all local, state and federal laws, regulations, rules and ordinances which may apply to the management, operation, and maintenance of said premises. b. The Fishing Pier may only be used for fishing, observation and other compatible uses. c. The Fishing Pier and related facilities shall be free and remain open every day during open water season for at least sixteen (16) hours per day between the hours of6;00 a.m. and midnight or in conjunction with the City's established hours for a facility of this type. The City may close the Fishing Pier for emergencies, or for other reasous, without prior written consent of the State. The City shall notify the State within 48 hours of the closing of the Fishing Pier for emergency reasons or if the facility will remain closed longer than 24 hours. d. Free and adequate parking in the vicinity will be provided for the Fishing Pier including at least one (1) designated accessible space for persons with disabilities.