HomeMy WebLinkAbout180-90RESOLUTION NO. 180-90
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
WHERFAS, the State Transportation Development Act (hereinafter referred to as "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, the Town of Danville has applied for and received a grant in 1990 for $75,000
under TDA to develop a portion of the Iron Horse Trail between San Ramon Creek (south of
Greenbrook Drive) and Fostoria Way in Danville (the "Project"); and
WHEREAS, the Iron Horse Trail is a regional trail system being developed by the East Bay
Regional Park District ("EBRPD"); and
WHEREAS, EBRPD has a license (the "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, Town and EBRPD do mutually desire to cooperate in completing the Project
and to specify the terms and conditions under which said Project will be designed, constructed,
financed and maintained; and
WHEREAS, the City Engineer has recommended that the Town Council approve the
attached Agreement "D" 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
BE IT RESOLVED, by the Town Council of the Town of Danville, that the Town Manager
be, and hereby is authorized to execute, on behalf of the Town, the Cooperative Funding
Agreement "D" with the East Bay Regional Park District in the form as lodged with the City Clerk,
together with such changes as may hereafter become necessary, provided such changes do not
materially increase the Town's obligations thereunder.
vote:
PASSED, APPROVED AND ADOPTED this 4th day of September, 1990, by the following
AYES: GREENBERG, LANE,
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
RITCHEY, SCHLENDORF, SHIMANSKY
ATTEST:
APPROVED AS TO FORM:
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AGREEMENT D
COOPERATIVE FUNDING AGREEMENT FOR DEVELOPMENT OF
THE IRON HORSE TRAIL IN DANVILLE
This Agreement, made and entered the ~/~ day of~~L~
1990, 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
referred to as"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 has applied for and received a grant in 1990 for
$75,000 under TDA to develop a portion of the Iron Horse Trail
between San Ramon Creek and FostoriaWay in Danville (the
"Project"); and
WHEREAS, the Iron Horse Trail is a regional trail system being
developed by EBRPD; and
WHEREAS, EBRPD has a license (the "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, 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 mutual agreed as follows:
SECTION I
EBRPD AGREES:
(1) To provide plans and specifications and project
management for the Project.
(2) To construct or cause to be constructed 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 operate and maintain the Project when said Project
is complete, in accordance with the License. Such operation and
maintenance will continue as long as EBRPD is obligated to do so
under the License.
(5) To submit Payment Requests to Town on a reimbursement
basis or as Advance Requests should such procedure be allowed by
the MTC.
(6) To limit the expenditure of the funds of this Agreement
to within the limits of the TDA grant (San Ramon Creek to Fostoria
Way).
(7) To complete the trail from San Ramon Creek to Fostoria
Way before October 31, 1991.
SECTION II
TOWN AGREES:
(1) To make available to EBRPD a maximum of $75,000 grant
funds for the Project prior to October 31, 1991.
(2) To execute and submit Payment Requests received from
EBRPD. Town will hold EBRPD's invoices until receipt of funds from
the MTC. The Town will then promptly transmit the amount approved
by the MTC to EBRPD.
SECTION III
IT IS MUTUALLY AGREED AS FOLLOWS:
(1) This Agreement may be modified by mutual written consent
by both parties.
(2) Neither Town nor any officer or employee thereof 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
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.
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(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 hereinabove written.
TOWN OF DANVILLE
EAST~ REGIONAIF~PARK DISTRICT
By
Mark Doane
Danville Town Attorney
APPROVED AS TO FORM
District Counsel
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