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INTERLOCAL COOPERATION ACT AGREEMENT BetweenTHE COUNTY OF DAKOTA, NEBRASKA And PAPIO-MISSOURI RIVER NATURAL RESOURCES DISTRICT For PIGEON/JONES SITE 15 PROJECT ROADS_________________________
THIS AGREEMENT (hereinafter referred to as “this AGREEMENT”) is entered into by and between the COUNTY OF DAKOTA, NEBRASKA (hereinafter referred to as “the COUNTY”) and the PAPIO-MISSOURI RIVER NATURAL RESOURCES DISTRICT (hereinafter referred to as “the DISTRICT,” the DISTRICT and the COUNTY hereinafter being referred to as “the PARTIES”), and is made pursuant to the authority provided in the Nebraska Interlocal Cooperation Act (§§13-801, R.R.S., 1997, et seq.). RECITALS: WHEREAS, the Pigeon/Jones Site 15 Project (hereinafter referred to as "the PROJECT") has been proposed by the DISTRICT; and, WHEREAS, the PROJECT includes construction of a multi-use flood control and sediment retention dam and reservoir, trails and other public recreation features, outdoor education facilities and wildlife habitat, all on a site in the COUNTY immediately southeast of the Village of Hubbard, Nebraska, in the COUNTY; and, WHEREAS, the PROJECT also includes construction of Site 15 internal circulation roads (hereinafter referred to collectively as "the Site 15 Internal Roads”), including vehicular parking areas; and, WHEREAS, the PROJECT also includes demolition and removal of certain existing COUNTY roads and a bridge, all affected by the PROJECT (hereinafter referred to collectively as "the PROJECT-AFFECTED COUNTY ROADS"), and construction of new COUNTY roads, including without limitation relocating portions of 200th Street, Lutton Avenue and South Bluff Road, and including construction of a new South Bluff Road bridge and a new South Bluff Road Tie-Back Levee (all such sub-projects hereinafter being referred to collectively as "the NEW COUNTY ROADS"); and, WHEREAS, the expected timetable for the design and construction of the NEW COUNTY ROADS is as follows, to-wit:
WHEREAS, the PARTIES desire to agree upon covenants and provisions governing the actions of the parties with respect to the demolition and removal of the PROJECT-AFFECTED COUNTY ROADS and the construction, operation and maintenance of the NEW COUNTY ROADS, all as a part of the PROJECT. WHEREAS, the DISTRICT has applied for grants from the Nebraska Resources Development Fund to finance a portion of the costs of the PROJECT, including the demolition and removal of the PROJECT-AFFECTED COUNTY ROADS and construction of the NEW COUNTY ROADS, and construction of the Site 15 Internal Roads, and the PARTIES desire to make provisions for the payment of the portion of such costs that are not funded by such grants. NOW, THEREFORE, for and in consideration of the foregoing recitals and the mutual covenants hereinafter expressed, the parties agree as follows: 1) THE PROJECT. The PARTIES do hereby agree to establish and participate in the portions of the PROJECT involving relocation of the PROJECT-AFFECTED COUNTY ROADS and involving construction, operation and maintenance of the SITE 15 INTERNAL ROADS and the NEW COUNTY ROADS, all as proposed by the DISTRICT. 2) GENERAL BENEFIT. The PARTIES do hereby determine and agree that the PROJECT will be predominantly of general benefit to the PARTIES, with only an incidental special benefit. 3) PURPOSE OF THIS AGREEMENT. This AGREEMENT provides for cooperative undertakings by and between the COUNTY and the DISTRICT, without any separate entity being created, and the duties and responsibilities of such parties shall be as defined by this AGREEMENT. 4) ROAD CONSTRUCTIONS. The relocation of the PROJECT-AFFECTED COUNTY ROADS and the construction of the SITE 15 INTERNAL ROADS and the NEW COUNTY ROADS includes the following sub-projects, to-wit: a) SITE 15 INTERNAL ROADS. The SITE 15 INTERNAL ROADS will be constructed within the boundaries of the land to be acquired by the District for the PROJECT in approximately the configuration depicted in the diagram entitled “PRELIMINARY SITE 15 MASTER PLAN” attached hereto as Exhibit “A” and incorporated herein by reference. b) NEW 200th Street. The portion of present 200th Street between its intersection with Lutton Avenue on the east and the centerline of “M” Avenue on the west (except for the west ¼ mile), in the present configuration as depicted in the diagram entitled “PRELIMINARY JONES CREEK SITE 15 COUNTY ROAD REALIGNMENT OPTIONS,” attached hereto as Exhibit “B” and incorporated herein by reference, will be abandoned and removed and a new 200th Street roadway (hereinafter referred to as “NEW 200th Street”), approximately one mile in length, will be constructed along the course between such points, approximately one-half mile south of such road’s present location, at the location determined most feasible by the DISTRICT and its engineering consultants and approved by the COUNTY. c) NEW Lutton Avenue. The portion of the roadway of present Lutton Avenue between197th Street and approximately ¼ mile south of 200th Street, will be demolished and removed and a new Lutton Avenue roadway (hereinafter referred to as “NEW Lutton Avenue”) will be constructed, all approximately as depicted in the before and after (“Alignment E”) configurations depicted in the diagram entitled “PRELIMINARY JONES CREEK SITE 15 COUNTY ROAD REALIGNMENT OPTIONS,” attached hereto as Exhibit “B” and incorporated herein by reference. d) NEW South Bluff Road AND BRIDGE. The portion of the roadway of present South Bluff Road extending southerly a distance of approximately 1,600 feet from the centerline of its intersection with Highway 35, including the existing bridge now located in such portion, will be demolished and removed and a new South Bluff Road and bridge (hereinafter referred to collectively as “NEW South Bluff Road AND BRIDGE”) will be constructed, all approximately as depicted in one of the before and after configurations depicted in the diagrams entitled “POTENTIAL SOUTH BLUFF ROAD & LEVEE ENTRANCE ALIGNMENT” (or entitled “PIGEON CREEK LEVEE ENTRANCE TIE-BACK CONCEPT 2”) attached hereto as Exhibits “C” and “D” and incorporated herein by reference. e) SOUTH BLUFF ROAD TIE-BACK LEVEE. A new tie-back levee (hereinafter referred to as “the SOUTH BLUFF ROAD TIE-BACK LEVEE”) will be constructed at a point proximate to and southerly of the intersection of Highway 35 and NEW South Bluff Road, approximately as depicted in the diagram entitled“POTENTIAL SOUTH BLUFF ROAD & LEVEE ENTRANCE ALIGNMENT” (or entitled “PIGEON CREEK LEVEE ENTRANCE TIE-BACK CONCEPT 2”) attached hereto as Exhibits “C” and “D”. 5) PROJECT DESIGN. a) The SITE 15 INTERNAL ROADS, NEW 200th Street, NEW Lutton Avenue, and the SOUTH BLUFF ROAD TIE-BACK LEVEE will be designed by the DISTRICT. Such design, including the specifications for the demolition of the improvements being replaced, shall be in accordance and conformance with all applicable Nebraska Department of Roads design standards, and shall be subject to the COUNTY’S written approval, such approval to not be delayed or withheld unreasonably. The DISTRICT shall begin designing such portions of the PROJECT on or about July 1, 2006 and complete such design work on or before July 1, 2007, or as soon thereafter as the DISTRICT determines feasible within the limits of available funds. The cost of such designs shall be paid by the DISTRICT. b) The NEW South Bluff Road AND BRIDGE will be designed by the COUNTY. Such design, including the specifications for the demolition of the improvements being replaced, shall be in accordance and conformance with all applicable Nebraska Department of Roads design standards, and shall be subject to the DISTRICT’S written approval, such approval to not be delayed or withheld unreasonably. The COUNTY shall complete such design work on or before July 1, 2007, or as soon thereafter as the COUNTY determines feasible within the limits of available funds. The cost of such designs shall be paid by the COUNTY. 6) LAND ACQUISITION: a) Lands, easements and rights-of-way and any utility relocations necessary for the SITE 15 INTERNAL ROADS, NEW 200th Street, NEW Lutton Avenue, will be acquired on a timely basis by the DISTRICT, and the cost of such acquisitions and relocations shall be paid by the DISTRICT. b) Lands, easements and rights-of-way and any utility relocations necessary for the NEW South Bluff Road AND BRIDGE and the SOUTH BLUFF ROAD TIE-BACK LEVEE will be acquired on a timely basis by the COUNTY, and the cost of such acquisitions and relocations for the NEW South Bluff Road AND BRIDGE shall be paid by the COUNTY and the cost of such acquisitions and relocations for the SOUTH BLUFF ROAD TIE-BACK LEVEE shall be reimbursed to the COUNTY by the DISTRICT. c) The COUNTY shall donate to the DISTRICT all lands, easements and rights-of-way over any COUNTY-owned land and rights-of-way that the DISTRICT determines is necessary for the construction, operation and maintenance of the PROJECT, including improvements referred to in this Agreement. d) The DISTRICT shall obtain from the U. S. Army Corps of Engineers, 404 permits required for the operation, maintenance, repair, replacement, management and/or regulation of the PROJECT, including the NEW SOUTH BLUFF ROAD AND BRIDGE and/or the NEW SOUTH BLUFF ROAD LEVEE. e) Upon completion of construction of the PROJECT, the COUNTY shall convey to the DISTRICT the lands, easements and rights-of-way acquired by the COUNTY for the NEW SOUTH BLUFF ROAD LEVEE and the DISTRICT shall convey to the COUNTY the lands, easements and rights-of-way acquired by the DISTRICT for NEW 200th Street and NEW LUTTON AVENUE. 7) PROJECT CONSTRUCTION. a) The SITE 15 INTERNAL ROADS, NEW 200th Street, NEW Lutton Avenue, and the SOUTH BLUFF ROAD TIE-BACK LEVEE will be constructed by the DISTRICT during the time of the DISTRICT’S construction of the PROJECT, except for the NEW SOUTH BLUFF ROAD AND BRIDGE, and such improvements shall be constructed substantially in accordance with designs approved by the COUNTY. The COUNTY shall share the cost of such construction as hereinafter provided. The DISTRICT shall begin construction of the PROJECT prior to July 1, 2007, and shall complete such construction on or before July 1, 2010, or as soon thereafter as the DISTRICT determines feasible within the limits of available funds. b) The NEW South Bluff Road AND BRIDGE will be constructed by the COUNTY at COUNTY expense substantially in accordance with designs approved by the DISTRICT. The COUNTY shall begin construction of such improvements by July 1, 2007, and complete such construction byJuly 1, 2008, or as soon thereafter as the COUNTY determines feasible within the limits of available funds. 8) OPERATION AND MAINTENANCE. a) After final construction of each respective sub-project is substantially completed, the county, at the COUNTY’S own cost and expense, shall permanently operate, maintain, repair, replace, manage and regulate NEW 200th Street, NEW LUTTON AVENUE and the NEW SOUTH BLUFF ROAD AND BRIDGE (and permanently operate, maintain, repair and replace the SITE 15 INTERNAL ROADS), including without limitation the sub-roadbed, culverts, roadside ditches, guard rails, traffic and parking control signs, devices, and markings, and all other devices and improvements for the regulation and facility of public vehicular use of the premises, and including removal of snow and ice, all in a good and workmanlike manner, as the county in its discretion determines necessary and in accordance with any applicable and generally-accepted engineering practices. b) The DISTRICT, at the DISTRICT own cost and expense, shall operate and maintain the SOUTH BLUFF ROAD TIE-BACK LEVEE and the other non-roadway PROJECT improvements, including PROJECT recreational facilities, dam, reservoir and appurtenances, wildlife habitat areas and other public facilities shown on the diagrams attached hereto as Exhibit "A”, all at such times and in such manner as the DISTRICT determines necessary. 9) PROJECT rules and regulations. The DISTRICT'S Board of Directors from time to time may adopt rules and regulations governing the times of the public use of the SITE 15 INTERNAL ROADS and regulating the public use of the non-roadway portions of the PROJECT. 10) ROAD VACATION/ABANDONMENT. If and when requested by the DISTRICT, the COUNTY shall vacate and abandon and grant to the DISTRICT title to the portions of the former right-of-way of 200th Street, Lutton Avenue and South Bluff Road as the DISTRICT determines necessary for PROJECT construction, operation or maintenance. 11) Cost-sharing: The COUNTY shall reimburse the DISTRICT in an amount equal to fifty percent (50%) of the sum of (1) the DISTRICT'S expenditures, not otherwise funded by grant received, for design and for demolition and construction work performed by or for the DISTRICT for NEW 200th Street, and NEW Lutton Avenue; and (2) the DISTRICT'S expenditures for land rights for NEW 200th Street and NEW Lutton Avenue (exclusive of attorneys fees); provided, however, the grand total of all such reimbursements shall be limited to and shall not exceed THREE HUNDRED FIFTY THOUSAND DOLLARS ($350,000); and the DISTRICT shall be responsible to pay the remainder of such costs without COUNTY reimbursement. To provide for the COUNTY'S reimbursement of such costs the parties shall follow the following procedure: a) From time to time after actual monetary expenditures have been made by the DISTRICT for land rights (exclusive of attorneys fees), and for design and construction work performed by or for the DISTRICT on NEW 200th Street and NEW Lutton Avenue, the DISTRICT shall transmit to the COUNTY written notifications of the amounts of such expenditures and shall describe in each such written notification the identities of the persons furnishing such work and to whom such amounts were paid; and, b) Within 45 days after receipt by the COUNTY of such a written notification, the COUNTY shall reimburse the DISTRICT in the amount of Fifty Percent (50%) of the DISTRICT expenditures described in such written notification, subject to the grand total limitation; and, c) For COUNTY budgeting purposes, the DISTRICT shall make a reasonable effort to keep the COUNTY informed as to the amounts and dates of anticipated major expenditures for which reimbursement from the COUNTY will be due under this Agreement; and, d) Notwithstanding the foregoing, no reimbursements from the COUNTY to the DISTRICT shall become due and payable prior to July 1, 2007. 12) PROJECT RISK OF LOSS. The COUNTY shall have and bear the sole risk of post-construction loss of or damage to NEW 200th Street, NEW Lutton Avenue, NEW South Bluff Road AND BRIDGE; and, the DISTRICT shall have and bear the sole risk of post-construction loss of or damage to the SOUTH BLUFF ROAD TIE-BACK LEVEE, regardless whether such loss or damage results from flood or other casualty whatsoever. 13) INDEMNIFICATION. Except as otherwise specifically provided in this AGREEMENT: a) The COUNTY shall defend and indemnify the DISTRICT and hold the DISTRICT harmless: i) from and against any and all costs of operation, maintenance, repair, replacement, management and regulation of NEW 200th Street, NEW Lutton Avenue and the NEW South Bluff Road AND BRIDGE; and, from and against any and all costs of operation, maintenance, repair and replacement of the SITE 15 INTERNAL ROADS; and, ii) from and against any and all claims, demands, causes of action, costs and expenses, including without limitation court costs and attorneys fees, for personal injuries or property damages in whole or in part arising out of: (1) the operation, maintenance, repair, replacement, management and regulation of the portions of the PROJECT which the COUNTY has undertaken to operate, maintain, repair and replace, or, (2) the use by members of the public of the portions of the PROJECT which the COUNTY has undertaken to operate, maintain, repair and replace; or, (3) negligence or other actions or inactions of the COUNTY, its employees, officers, contractors and agents in the operation, maintenance, repair, replacement, management or regulation of the portions of the PROJECT which the COUNTY has undertaken to operate, maintain, repair and replace (except as may be caused solely by the negligence of the DISTRICT or its employees, officers, contractors or agents); and, b) The DISTRICT shall defend and indemnify the COUNTY and hold the COUNTY harmless: i) from and against any and all costs of operation, maintenance, repair, replacement, management and regulation of the portions of the PROJECT which the DISTRICT has undertaken to operate, maintain, repair and replace; and, ii) from and against any and all claims, demands, causes of action, costs and expenses, including without limitation court costs and attorneys fees, for personal injuries or property damages in whole or in part arising out of: (1) the operation, maintenance, repair, replacement, management and regulation of the portions of the PROJECT which the DISTRICT has undertaken to operate, maintain, repair and replace; or, (2) the use by members of the public of the portions of the PROJECT which the DISTRICT has undertaken to operate, maintain, repair and replace; or, (3) negligence or other actions or inactions of the DISTRICT, its employees, officers, contractors and agents in the operation, maintenance, repair, replacement, management or regulation of the portions of the PROJECT which the DISTRICT has undertaken to operate, maintain, repair and replace (except as may be caused solely by the negligence of the COUNTY or its employees, officers, contractors or agents). 14) ASSIGNMENT. The COUNTY may not assign any of its rights or duties expressed in this Agreement in whole or in part to any person without the prior written consent of the DISTRICT. 15) APPROVALS BY COUNTY and DISTRICT. Except as otherwise expressly stated in this AGREEMENT, (a) where this AGREEMENT speaks of approval and consent by the COUNTY such approval is understood to be manifested by the determination and action of the COUNTY BOARD or its designated representative, and (b) where this AGREEMENT speaks of approval and consent by the DISTRICT such approval is understood to be manifested by the determination and action of the General Manager of the DISTRICT or his designated representative. 16) EFFECTIVE DATE. This AGREEMENT shall be in force and effect from and after its execution by the parties hereto. 17) TERM. This AGREEMENT shall have permanent duration. 18) NON-DISCRIMINATION. The parties shall not, in the performance of this AGREEMENT, discriminate or permit discrimination in violation of federal or state laws or local ordinances because of race, disability, color, sex, age, political or religious opinions, affiliations or national origin. 19) APPLICABLE LAW. Each party to this AGREEMENT shall follow all applicable federal and state statutes and regulations in carrying out the faithful performance and terms of this AGREEMENT. Each party hereto shall, whenever applicable, require performance under the Fair Labor- Standards Act. 20) CAPTIONS. Captions used in this AGREEMENT are for convenience and not for use in the construction of this AGREEMENT. IN WITNESS WHEREOF, the parties have executed this Agreement on the dates hereinafter indicated pursuant to authorizing resolutions duly adopted at regular meetings of their governing bodies.
Executed by the COUNTY OF DAKOTA, NEBRASKA, as of this ________ day of ___________________, 2006. THE COUNTY OF DAKOTA, NEBRASKA
By _____________________________CHAIRPERSONBOARD OF COMMISSIONERSATTEST:
_____________________________________________ COUNTY CLERK
Executed by the PAPIO-MISSOURI RIVER NATURAL RESOURCES DISTRICT, as of this ________ day of ___________________, 2006. PAPIO-MISSOURI RIVER NATURAL RESOURCES DISTRICT
By _____________________________General Manager
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