HomeMy WebLinkAboutBlack Hawk County MOU - Reecreational Trail Maintnenance 9.28.20 MEMORANDUM OF UNDERSTANDING—
RECREATIONAL TRAIL MAINTENANCE
This Memorandum of Understanding — Recreational Trail Maintenance (the "MOU") is
entered into as of September 28 , 2020, by and between the City of Waterloo, Iowa("City") and
Black Hawk County Conservation ("County Conservation"). City and County Conservation are each
referred to as a"Party"and collectively as the"Parties".
WHEREAS, City proposes to design and construct the Shaulis Road Trail Extension—Phase
II (the "Rec Trail") from Cedar Terrace Drive to the Cedar Valley Nature Trail which is mostly
within the corporate limits of Waterloo. The County Conservation Jurisdiction shall be from the
Waterloo City Limits (Station 132+72.4) easterly to the End of Project(Station 137+84.2) in order to
connect with the Cedar Valley Nature Trail (the "Nature Trail"); and
WHEREAS, the Parties desire to cooperate with respect to repair and maintenance of the Rec
Trail as set forth herein.
NOW, THEREFORE, in consideration of the mutual promises exchanged herein, and for
other consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties state as
follows:
1. City Responsibilities. City will construct the Rec Trail, will periodically inspect
same, and will make such repairs or replacements as may be necessary or advisable to keep the Rec
Trail in a condition where it may be safely used by the public. This Includes but is not limited to;
maintenance of the trail surface, trail shoulders, and private drive crossings. All drainage issues
would also be the responsibility of the City.
2. County Conservation Responsibilities. After the Rec Trail has been constructed,
County Conservation will maintain that portion of the Rec Trail that lies between the eastern city limits
and the Nature Trail. Maintenance activities will be performed as needed to keep the Rec Trail in a
reasonably attractive and usable condition, including edging, mowing, trimming of trees and bushes,
and removing debris. County Conservation will respond promptly to any request from the City for
maintenance, and will report to City any features that may need structural repair or replacement.
3. Term. This MOU will commence on the date hereof and will continue in effect from
one calendar year to another until one Party delivers written notice of termination to the other Party by
February 1 of the year in which termination is to take effect. Notice given as provided in this paragraph
will be effective upon delivery.
4. Notices. Any notice, report or other communication from one Party relating to this
MOU shall be delivered to the head of the engineering department for the City and the Executive
Director for County Conservation.
5. No Assignment. County Conservation may not assign its rights, privileges or interest
in this MOU without the prior written consent of City.
6. Relationship of Parties. Nothing in this MOU shall, or shall be deemed or
construed to, create or constitute any joint venture, partnership, agency, employment, or any other
relationship between the Parties nor to create any liability for one Party with respect to the liabilities
or obligations of the other Party or any other person.
7. Miscellaneous Provisions. This MOU is the entire understanding between the Parties
pertaining to the subject matter hereof and supersedes all prior oral or written understandings or
agreements relating to such subject matter. This MOU may not be modified except by the mutual
written agreement of both Parties. Time is of the essence.
IN WITNESS WHEREOF, the Parties have executed this Memorandum of Understanding
—Recreational Trail Maintenance by their duly authorized representatives as of the date first set
forth above.
BLACK HAWK COUNTY CONSERVATION CITY OF WATERLOO, IOWA
By: By: Quentin i-(xt v
Board Chair Mayor
Attest: Kelley �elchle
City Clerk
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