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RESOLUTION NO. 28-89
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF DANVILLE
APPROVING THE COOPERATIVE FUNDING AGREEMENT WITH
EAST BAY REGIONAL PARK DISTRICT (EBRPD) FOR
THE IRON HORSE TRAIL PROJECT
WHEREAS, the City Engineer has recommended that the Town Council
approve the attached Agreement "B" for cooperative funding between the
Town of Danville and EBRPD for the Iron Horse Trail project; and
WHEREAS, the City Engineer has also requested that the Town Manager be
authorized to execute said Agreement on behalf of the Town of Danville.
NOW, THEREFORE, the Town Council of the Town of Danville does hereby
resolve that said recommendation of the City Engineer is hereby
approved.
PASSED, APPROVED AND ADOPTED this 20th day of March, 1989, by the
following vote:
AYES:
GREENBERG, JAGGER, LANE, RITCHEY, SCHLENDORF
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
MAYOR
ATTEST:
APPROV~ED AS TO FO .......
AGREEMENT B
COOPERATIVE FUNDING AGREEMENT FOR DEVELOPMENT OF
THE IRON HORSE TRAIL IN DANVILLE
This Agreement made and entered the 2 / day of
by and between the East Bay Regional Park District, hereinafter
referred to as "EBRPD" and the Town of Danville, hereinafter
referred to as "Town."
WITNESSETH
WHEREAS, the State Transportation Development Act (hereinafter
"TDA") provides grant funds which are administered by the
Metropolitan Transportation Commission (hereinafter referred to as
"MTC") to local jurisdictions for development of recreational
facilities; and
WHEREAS, Town and Contra Costa County jointly applied for and
received a grant in 1988 for $139,000 under TDA to develop a portion
of The Iron Horse Trail between Prospect Avenue in Danville and Las
Trampas Road in Alamo; and
WHEREAS, the Iron Horse Trail is a regional trail system being
developed by EBRPD; and
WHEREAS, EBRPD has a license with Contra Costa County to
operate and maintain the completed Trail at EBRPD's expense; and
WHEREAS, EBRPD is prepared to be Project Manager for the Iron
Horse Trail; and
WHEREAS, the project which is the subject of this Agreement
(hereinafter referred to as "Project") is the portion of the Iron
Horse Trail from Prospect Avenue in Danville to Las Trampas Road in
Alamo; and
WHEREAS, MTC has set up this joint project with the Town as the
lead agency; and
WHEREAS, Contra Costa County is in agreement with the Town, as
lead agency, entering an agreement under which EBRPD would manage
the design and construction of the project; and
WHEREAS, Town and EBRPD do mutually desire to cooperate in
completing the Project and to specify herein the terms and
conditions under which said Project will be designed, constructed,
financed and maintained;
NOW, THEREFORE~ it is mutually agreed as follows:
Section I
EBRPD AGREES:
(1) To construct or cause to be constructed said Project.
(2) To construct the Project in accordance with the guidelines
and regulations prescribed by the MTC.
(3) To retain, or cause to be retained for audit all records
and accounts relating to the Project for a period required by the
MTC.
(4) To provide plans and specifications and project management
for the Project.
(5) To operate and maintain the Project when said Project is
complete. Such operation and maintenance will continue as long as
EBRPD has adequate land tenure to do so.
(6) To submit Payment Requests to Town on a reimbursement
basis or as Advance Requests, should such procedure be allowed by
the MTC.
(7) To limit the expenditure of the funds of this Agreement to
within the limits of the project (Prospect Avenue to Las Trampas
Road) and to expend the funds before June 30, 1991.
SECTION II
TOWN AGREES:
(1) To allow EBRPD to be responsible for the expenditure of
the total grant of $139,000.00.
(2) To execute and submit Payment Requests received from EBRPD
for the project. Town will hold EBRPD's invoices until receipt of
funds from MTC. Town will then transmit the amount approved by the
MTC to EBRPD.
SECTION III
IT IS MUTUALLY AGREED AS FOLLOWS:
(1) This Agreement may be cancelled by mutual consent of the
two parties.
(2) Neither Town nor any officer or employee of either shall
be responsible for any damage or liability occurring by reason of
anything done or omitted to be done by EBRPD under or in connection
with any work, authority or jurisdiction delegated to EBRPD under
under this Agreement. It is also agreed that EBRPD shall fully
indemnify and hold Town harmless from any liability imposed for
injury (as defined by Government Code 810.8) occurring by reason of
anything done or omitted to be done by EBRPD under or in connection
with any work, authority, or jurisdiction delegated to EBRPD under
this Agreement.
(3) Entire Agreement. This Agreement contains the entire
agreement between the parties with regard to matters described in
this Agreement and supersedes all prior agreements, whether written
or oral, between the parties with respect to such subject matter.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed by their respective officers, duly
authorized, the provisions of which Agreement are effective as of
the day, month, and year first hereinabove written.
TOWN OF DANVILLE
By
By
EAST BAY REGIONAL PARK DISTRICT
General Manager
By
APPROVED AS TO FORM
Danville Town Attorney
APPROVED AS TO FORM
District Counsel
IHTL1 803-02 Iron Horse