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.
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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.
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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
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