I-5 - 28E Agreement Attachment - Final 2021

of Ireland Avenue including the intersection of the Ireland Avenue trail and the Clear Creek Trail located within the roadway right-of-way for Ireland Avenue. The City also agrees to provide maintenance of the Clear Creek Trail easement corridor located within the East ½ of the NE 1/4 of the NW ¼, Section 33, Township 80 consistent with the extension of the city limits upon completion of the annexation of the East ½ of NE ¼ of the NW ¼, Section 33, Township 80 in Johnson County. Maintenance shall include maintaining the paved trail and trail right-of way for pedestrian and cycling use. Maintenance for purposes of this agreement includes, but is not limited to, maintaining the paved trail surface and trail easement corridor in safe condition for use by trail users through appropriate mowing, routine monitoring and cleaning of pavement to provide a safe traveling surface, removal of any obstructions, and closing the trail to public use when unsafe conditions exist, such as flooding and prior to clean-up activities after flood events. The agreement to provide maintenance for the portion of the Clear Creek Trail within the city limits is not intended to create an obligation for the City to conduct snow and ice removal. However, this agreement would not prevent the City from performing snow and ice removal provided JCCB is notified of the City’s intention to perform these services on any portion of the Clear Creek Trail located outside of the road-right of way for Ireland Avenue and within the City limits. 8. EFFECTIVE DATE: This Agreement shall be effective when approved and signed by the JCCB and City and filed with the Secretary of State as provided in Chapter 28E.8 of the Code of Iowa (2019). 9. DURATION: This Agreement shall continue in force for ten years from the date of approval by both entities, and will automatically renew for up to three additional renewal periods of five years unless either entity provides notice to the other of its intent to terminate the agreement one hundred-twenty (120) days prior to the expiration of the original ten year term or the expiration of a subsequent renewal period. 10. INTERPRETATION AND ENFORCEMENT: Interpretation and enforcement of the Agreement shall be in accordance with Chapter 28E of the Code of Iowa (2019) and statutes respecting the rights and responsibilities of the political subdivisions. 11. DISPUTE RESOLUTION: Matters in dispute or subject to interpretation shall be first submitted to the parties for resolution prior to either party pursuing administrative or judicial remedies. In the event such matters must be submitted to the parties, they shall be submitted specifically to the City Administrator of the City of Tiffin, as representative for the City, and to the Executive Director of the JCCB, as representative for the County, who will both make a good faith effort to resolve the dispute. 12. Nothing herein is intended to alter the City and/or the County’s ultimate responsibility for their own right-of-way, including liability for third party claims. Nor is this agreement intended to create any third-party benefits. JOHNSON COUNTY CONSERVATION BOARD Page 3 of 4