HomeMy WebLinkAboutTrail Blazers Inc-4/19/2010Memorandum of Understanding
Riverview OHV Park Expansion Project
THIS MEMORANDUM OF UNDERSTANDING ("MOU") has been agreed upon on this E day
of L, 2010, by and between The City of Waterloo, Iowa, hereinafter referred to as the CITY and Trail
Blazer , Inc., hereafter referred to as the TRAILBLAZERS.
A. PURPOSE. Whereas the CITY and TRAILBLAZERS are current parties to the RIVERVIEW
RECREATION AREA TRAIL BLAZERS OFF—ROAD CLUB USER / MAINTENANCE AGREEMENT (the
"User Agreement"), the purpose of this MOU is to delineate responsibilities of the CITY and TRAILBLAZERS
for the planned RIVERVIEW RECREATION AREA OHV PARK EXPANSION PROJECT.
B. PROJECT DESCRIPTION. The proposed expansion project consists of improvements to the
Riverview Recreation Area Off Highway Vehicle (OHV) Park located adjacent to the Cedar River near
Hawthorne Avenue. Improvements to the existing recreation area include the addition of 3 -foot high perimeter
fencing around the new addition to the park just west of Hawthorne Avenue. The fencing will separate users of
the OHV Park from the new Riverview Recreation (bicycle) Trail. The project also includes expansion of the
existing OHV Park parking lot to the west.
C. ESTIMATED PROJECT COSTS. 1) Design and construction related engineering costs are estimated
to be $20,000.00. 2) Contracted Construction costs are estimated to be $72,713.50. 3) Contingency of 10% =
$7,300.00. TOTAL PROJECT ESTIMATED COST = $100,013.50
D. FUNDING RESPONSIBILITIES. It is agreed by both parties that project expenses shall be covered
as follows: 1) CITY shall pay for design and construction related engineering costs up to a maximum amount
of $5,500.00. 2) TRAILBLAZERS shall pay all remaining project expenses, not to exceed a total amount of
$121,000.00. It is understood by both parties that TRAILBLAZERS have necessary funds currently available
through the following grant sources, sufficient to cover all funds payable by TRAILBLAZERS in connection
with the project: IDNR Registration Funds, State Recreation Trails Funds, Yamaha Grant, and Hotel/Motel
Funds. Within thirty (30) days of any request for payment, TRAILBLAZERS shall remit payment to the
CITY. If TRAILBLAZERS fails to remit payment, then CITY may, at its sole option, suspend the project
work. Any payment not timely made by TRAILBLAZERS shall bear interest at the rate of twelve percent
(12%) per annum, compounded monthly, until paid in full.
E. BID LETTING AND PROJECT OVERSIGHT. It is agreed by both parties that the CITY shall let
bids for this project in accordance with established CITY bid policies. CITY shall provide necessary project
construction oversight through a contracted engineer. TRAILBLAZERS agrees to indemnify, defend, and hold
the CITY harmless from and against any and all of IRAILBLAZERS's claims, demands, causes of action,
damages, and liabilities whatsoever, including but not limited to attorneys' fees and expenses, arising from or in
connection with the project described in this MOU.
F. MAINTENANCE AND OPERATION RESPONSIBILITIES. It is agreed by both parties that once
completed, the expanded facilities shall be maintained and operated as outlined in the User Agreement.
G. COOPERATION. The parties agree to work together with diligence and in good faith to achieve the
purposes of this MOU.
H. GENERAL TERMS. This MOU shall inure to the benefit of and is binding upon the parties and
their respective personal representatives, successors, and assigns. This MOU shall not be modified without
the mutual written consent of the parties. This MOU represents the entire agreement between the parties
pertaining to the subject matter hereof. Time is of this essence of this MOU.
IN WITNESS WHEREOF, the parties have executed this Memorandum of Understanding by their duly
authorized representatives as of the date first set forth above.
CITY OF WATERLOO, IOWA
By:
TRAIL BLAZERS INC.
By:
truest G. Clark, Mayor Shawn Hoaglan, Pre dent
Attest:��
Suzy _ ` h.` es, City Clerk
STA I'E OF IOWA
--6-g— COUNTY )
ss.
Acknowledged before me on ,4`l iii , , 2010, by Shawn Hoaglan as President of
Trail Blazers Inc.
STATE OF IOWA
BLACK HAWK COUNTY )
ss.
JEANE DIEHL
COMMISSION NO. 733174
COJlAMI I EX IBES
otary Public in and for the State
On this 1 day of L , 2010, before me, the undersigned,
a Notary Public in and for the State of Iowa, p rsonally appeared Ernest G. Clark and Suzy Schares, to
me personally known, and who, being by me duly sworn, did say that they are the Mayor and City
Clerk, respectively, of the City of Waterloo, Iowa; that the seal affixed to the foregoing instrument is
the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the
corporation by authority of its City Council and that Ernest G. Clark and Suzy Schares acknowledged
the execution of the instrument to be their voluntary act deed and the voluntary act and deed of the
corporation, by it voluntary executed.
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