I-5 - 28E Agreement Attachment - Final 2021

28E Agreement between Johnson County Conservation Board, Johnson County, Iowa and the City of Tiffin, Iowa regarding construction of connecting trail along Ireland Avenue, and trail maintenance of the portion of Clear Creek Trail located in the East 1/2 of the NE ¼ of the NW ¼ of Section 33, Township 80 N., R. 7W., in Johnson County. WHEREAS, both the City of Tiffin (“the City”) and Johnson County (“the County”) are public agencies as is defined by Section 28E.2 of the Code of Iowa (2019); and WHEREAS, Iowa Code § 350.4 provides that the Johnson County Conservation Board (“JCCB”) has custody, control and management of property acquired by the County for public parks and parkways; and WHEREAS, JCCB currently controls and manages a public linear park designated as the Clear Creek Trail located in Johnson County, Iowa. JCCB has a perpetual easement for public access for the portion of the Clear Creek trail located in the NE 1/4 of the NW 1/4 of Section 33, Township 80 N., R. 7W. in Johnson County; and WHEREAS, JCCB determined that construction of a public trail from Tiffin along Ireland Avenue would be important for the beneficial use and management of the Clear Creek Trail in order to provide safe access to the Clear Creek Trail from the City of Tiffin; and WHEREAS, in 2017 JCCB approved entering into an agreement with the City to pay a portion of the costs related to the development and construction of a connecting trail from existing trail within the City of Tiffin to the eastern end of the Clear Creek trail located on the west side of Ireland Avenue; and WHEREAS, the City and JCCB agree that both entities would benefit from the cooperation of the County and the City in regard to construction of a connecting trail along Ireland Avenue, and regarding ongoing maintenance of the portion of the Clear Creek Trail located in the East ½ of the NE1/4 of the NW1/4 of Section 33, Township 80 North, Range 7 West, 5th P.M; and WHEREAS, the City has entered into a contract for the construction of a public trail on the west side of Ireland Avenue that will connect existing sidewalk and trail in the City to the eastern end of the Clear Creek Trail, and WHEREAS, the City and JCCB agree that the City would be able to more efficiently provide for maintenance of the portion of the Clear Creek Trail that will be located within the city Page 1 of 4