I-5 - 28E Agreement Attachment - Final 2021

limits of Tiffin following annexation of the East 1/2 of the NE1/4 of the NW1/4 of Section 33, Township 80 N., R. 7W. in Johnson County. IT IS NOW AGREED that the City and JCCB enter into an agreement pursuant to Chapter 28E of the Code of Iowa (2019) providing for cooperative action regarding the construction of the public trail on the west side of Ireland Avenue, and future maintenance of the portion of the Clear Creek trail that will be located within the City limits and that said cooperative actions include the following: 1. PURPOSE AND SCOPE: The purpose of this Agreement is, among other things, to define the financial contribution of Johnson County in regard to the connecting trail along Ireland Avenue and to describe the future maintenance commitment from the City in regard to the portion of the Clear Creek Trail and the connecting trail within City limits. 2. CONSIDERATION: The mutual consideration herein is a financial contribution to the construction of the connecting trail along Ireland Avenue by the County in exchange for the City’s commitment to provide future maintenance of the portions of the trails located within the City limits. The JCCB Executive Director shall administer the County’s duties and responsibilities herein. The City Administrator of Tiffin shall administer the City’s duties and responsibilities herein. 3. RESPONSIBILITY FOR CONSTRUCTION WORK: The City shall be responsible for obtaining any necessary right-of-way, temporary construction easements and all permits required for the construction of the connecting trail within the right- of- way for Ireland Avenue. The City shall have sole and exclusive responsibility for the construction work, which has been let through the City. This responsibility generally shall include, but not necessarily be limited to, design, preparation of plans, specifications, bidding, construction administration, construction inspection, construction layout, project management, utility relocation, and acceptance of improvements. 4. TIMING OF WORK: The City shall use all good faith efforts to complete construction of the Ireland Avenue trail prior to December 31, 2021. 5. FINANCING: The City will be responsible for facilitating the administration and payment of all services related to the development and construction of the public trail on the west side of Ireland Avenue and the County agrees to pay the City $27,468.00 for payment of expenses related to the construction of the trail which reflects an agreed upon proportional share of the portion of the connecting trail that was located in the County. The County will not be responsible for any costs related to construction of the connecting trail on the west side of Ireland Avenue other than the contribution stated above. 6. TIMING OF PAYMENTS BY THE COUNTY: JCCB will make payment of the County’s contribution for the construction of the connecting trail described above within sixty (60) days of the commencement of construction of the trail. 7. MANAGEMENT AND MAINTENANCE OF TRAILS: The City shall be responsible for all future management and maintenance of the newly constructed trail located in the right-of-way Page 2 of 4