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HomeMy WebLinkAboutRESOLUTIONS - 06131989 - RA 89-9 1. 63 THE REDEVELOPMENT AGENCY OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on June 13 . 1989 by the following vote: AYES: Commissioners Powers, Fanden, Schroder, McPeak and Torlakson NOES: None ABSENT: None ABSTAIN:None RESOLUTION NO. RA 89-9 SUBJECT: Approval of a Cooperative Funding Agreement ) between the Contra Costa County Redevelopment ) Agency ( "Agency" ) and the East Bay Regional Park ) District ( "EBRPD" ) , the City of Pleasant Hill ) ( "PH" ) , the Pleasant Hill Recreation and Parks ) District ( "PHRPD" ) , the Mount Diablo Unified ) School District ( "MDUSD" ) , and the City of Concord) ( "Concord" ) for the construction and maintenance ) of an Interim Segment of the Iron Horse Trail. ) ' A WHEREAS, the Iron Horse Trail is proposed to be a regional trail system in Contra Costa County; and WHEREAS, immediate construction of an interim trail segment between Monument Boulevard and Fair Oaks Elementary School ( "Project" ) will alleviate a pedestrian problem by providing an off-road access to and from the school for both Pleasant Hill and Concord students; and WHEREAS, the right-of-way upon which the Project is to be built is owned by the Agency; and WHEREAS, it is proposed that EBRPD, PH, PHRPD, MSUSD, Concord and the Agency cooperatively fund the development of the Project for each other' s convenience and benefit by each contributing one-sixth of the cost of the Project, each such contribution not to exceed $25, 000; and WHEREAS, the governing bodies of EBRPD, PH, PHRPD, MDUSD and Concord have each approved a Resolution calling for participation in the project; and WHEREAS, PH is prepared to serve as Lead Agency and Project Manager with respect to the Project; THEREFORE, the Contra Costa County Redevelopment Agency agrees to enter into a Cooperative Funding Agreement with EBRPD, PH, PHRPD, MDUSD and Concord for construction and maintenance of an Interim Segment of the Iron Horse Trail; and its Executive Director or his designee is hereby authorized to execute the Agreement, a copy of which is attached hereto as Attachment One. 1 hereby certify that this is a true and correct copy of cc• County Administrator an action taken and entered on the minutes of the Community Development Redevelopment Agency on the date shown. Auditor-Controller ATTESTED: June 13 , 1989 County Counsel PHILLBATCHELOR,Agency Secretary Public Works - Road Engineering Attachment ' GR11/jb/cofndagr.res By deputy RESOLUTION NO. RA 89-9 Attachment One COOPERATIVE FUNDING AGREEMENT FOR DEVELOPMENT OF A PORTION OF THE IRON HORSE TRAIL This agreement is made on , 1989 , by and between the following parties : the East Bay Regional Park District , the City of Pleasant Hill , the Pleasant Hill Recreation .and Parks District, Mt. Diablo Unified School District, the City of Concord and the Contra Costa County Redevelopment Agency. WHEREAS, the Iron Horse Trail is proposed to be a regional trail system in Contra Costa County; and WHEREAS, immediate construction of the trail segment between Monument Boulevard and Fair Oaks Elementary School ( "Project" ) will alleviate a pedestrian problem by providing a safe off road access to and from school for both Pleasant Hill and Concord students; and WHEREAS, the parties desire to cooperatively fund the development of the Project for each other ' s convenience and benefit by each contributing one-sixth of the cost of the Project; and WHEREAS, the City of Pleasant Hill is prepared to serve as Lead Agency and Project Manager with respect to the Project; and WHEREAS, the parties desire to complete the Project prior to the beginning of the elementary school year in 1989; NOW, THEREFORE, in consideration of the following covenants , the parties agree as follows: 1 . Respective duties of the parties (a) The East Bay Regional Park District ( "EBRPD" ) agrees to: ( 1 ) provide the railroad bridge at Monument Boulevard for trail access across the drainage channel immediately adjacent to said boulevard in time to allow integration of the Project with the bridge prior to August 31 , 1989; ( 2) operate and maintain the trail segment designated as the "Project" herein when construction is concluded, such operation and maintenance to continue as long as EBRPD has an interest in said property such that it has the right to do so; (3) EBRPD maintenance and operational responsibility will include the railroad bridge and recreational trail ( 12 . 5 feet on either side of the centerline of the paved trail ; between Monument Boulevard and Fair Oaks School (Lisa Lane ) . (4) provide design review and support for project planning and construction; and ( 5) contribute one-sixth of the cost of the Project, said contribution not to exceed $25 , 000 . 00 . (b) The City of Pleasant Hill agrees to: ( 1 ) serve as the Lead Agency and Project_Manager for the Project, such to include Project planning, design, engineering and construction; and (2) contribute one-sixth of the cost of the Project, said contribution not to exceed $25,000 . 00 . (c) The City of Concord, the Pleasant Hill Recreation and Parks District, the Mt. Diablo School District, and the Contra Costa Redevelopment Agency, each agrees to contribute a one-sixth share of the cost of the Project, each such contribution not to exceed $25,000. 00. 2 . Time for performance. All of the obligations hereunder shall be performed in time to allow completion of the Project on or before August 31 , 1989 . 3 . Method of payment. The payment of each of the one-sixth portions of the cost of the Project shall be made in a mutually agreeable fashion under the direction of the City of Pleasant Hill . 4 . Amendments. Amendments to this agreement shall be made in writing and signed by each party.. 5 . Termination. This agreement may be cancelled upon the mutual agreement of all parties . 6 . Attorney ' s fees . Should any party institute legal proceedings to enforce any obligation under this agreement the prevailing party shall be awarded its reasonable court costs and attorney ' s fees . 7 . Entire agreement. This agreement constitutes the entire agreement between the parties with regard to matters discussed herein and supercedes all prior agreements , whether written or oral , between the parties with respect to such subject matter . IN WITNESS WHEREOF, the parties hereto have cause this agreement to be executed on the date first written above . CITY OF PLEASANT HILL EAST BAY REGIONAL PARR DISTRICT By: By: MT. DIABLO UNIFIED SCHOOL PLEASANT HILL RECREATION AND DISTRICT PARKS DISTRICT By: By: CITY OF CONCORD CONTRA COSTA COUNTY REDEVELOPMENT AGENCY By: By: Approved as to Form: Dave Lars-6h, Pleasant Hill City Attorney