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HomeMy WebLinkAbout1999-08-30-Resolutions 99-96_RRVT - 28E Agr - VariousRESOLUTION NO.99-96 Joint Public Agreement Raccoon River Valley Trail (Waukee east to Clive Greenbelt Trail) Dallas County Conservation Board,Iowa The City of Waukee The City of Urbandale The City of Clive THIS AGREEMENT is made and entered into,by and between the Dallas County Conservation Board,hereinafter referred to as the Board,and the City of Waukee,the City of Urbandale,and the City of Clive,hereinafter referred to as the Cities. 1.This Agreement is entered into pursuant to the provisions of Chapter 28E, Code oflowa (1999)as amended. 2.This Agreement shall become effective upon acceptance by all parties and shall remain in effect until terminated by one of the parties according to section 16 of this agreement. 3.The purposes of this Agreement are to establish provision for equally distributing the cost share portion of this project among the four entities and to provide a cooperative framework for the maintenance of the Raccoon River Valley Trail from the Waukee staging areas east to the Clive Greenbelt Trail. 4.The Board and the Cities are cooperatively developing an approximate 5.5 mil extension of the Raccoon River Valley Trail from the existing staging areas in Waukee to a connection with the existing Clive Greenbelt Trail.A Statewide Transportation Enhancement Funds grant has been secured that will fund 70% of the cost of the project.The remaining 30%of the project costs will be divided equally by the Board and the Cities,not to exceed $40,000 each. 5.The cost share portion from each entity shall be submitted to the Board upon completion of the project.It is anticipated that this may occur in late fall of 1999 or spring of2000. 6.This 28E Agreement will remain in effect indefinitely unless modified or terminated pursuant to other provisions of this agreement. 7."Routine Maintenance"means litter and trash pick up,trimming of trees and brush,weed eradication,mowing,replacement of trail signage,shoulder and edge repair,minor asphalt repair (crack filling,minor patching),and other minor maintenance. 8."Major Maintenance"means trail resurfacing,major asphalt repair,drainage improvement,storm sewers,sanitary sewers or subsurface utilities,major bridge and culvert repair,major asphalt patching and major edge and shoulder 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. repairs,major removal/cutting of trees,and repair projects costing over $1000.00. Major maintenance projects need to be discussed and agreed upon by all parties,and costs may be shared by all parties. Each City within their City limits will perform routine maintenance. All routine maintenance shall be performed in accordance with each City's normal routine maintenance practices and procedures for trails within its boundaries. Each party in their respective area is responsible for the establishment, erection and maintenance of any and all devices,signs,and markings of a regulatory or informative nature,on or near trails and maintenance of pavement markings. Each party retains full responsibility for approval of new driveways or entrances which lie within the boundaries of that party. No separate,legal or administrative entity is created by this Agreement.No real or personal property will be purchased in the performance of this Agreement. A designated representative from the Board and from each City shall administer this agreement. Any party may terminate this Agreement by sending written notice of termination,specifying the reasons for termination,at least sixty days prior to the effective date oftennination.Notice shall be sent to the governing body of the other parties at their principal place of doing business by registered mail. If any terms or conditions of this Agreement are held to be invalid or illegal, those remaining terms or conditions shall not be construed to be affected. Terms of this Agreement may only be changed or modified by written consent by all parties. ] EXECUTION OF AGREEMENT The parties shall approve the Agreement by resolution of their respective Board or Council,which shall authorize the execution of the Agreement. It will then be filed in the office ofthe Iowa Secretary of State and Recorders of Dallas and Polk Counties,in accordance with Chapter 28E of the Code of Iowa (1999). The Agreement shall become effective when recorded and shall remain in effect unless terminated as provided herein. The termination of this Agreement shall not relieve any party to this Agreement of any obligations or liability arising during the terms of the contract.This is the entire Agreement between the parties and it may be amended only upon the agreement of all parties and only in writing.The laws of the State ofIowa apply to this Agreement. IN WITNESS THEREOF,the Board and the Cities have caused this Agreement to be executed.I Executed by Dallas County Conservation Board,Iowa __day of ,1999. Director Executed by the City of Waukee,Iowa __dayof .,1999 Executed by the City of Urbandale,Iowa __day of ,1999 Executed by the City of Clive,Iowa ___day of ,1999 PASSED AND APPROVED this 30th day of August AYES NAYS Nicholas C.Gruber Marvin Berger Robyn S.Heath Bill Peard Larry Lyon x X X X X