RES 1992-2891 - Addendum II with Douglas County for development of Pacific St connector portion of Keystone Trail re'e ead
pHA, /
e°"_ , je,� November 10, 1992 �
qte rAlrots41 Honorable President �`' 8tt' ��
�Aw 1 'ry and Members of the City Council,
9TFDF033 tt .{ i, ,� f a t-
City of Omaha The purpose of the attached Resolution is to approve Addendum II
P.J.Morgan,Mayor to an Agreement between the City of Omaha and Douglas County,
Parks,Recreation& Nebraska, for the development, construction and maintenance of
Public Property Department the Pacific Street Connector section of the Keystone Trail. On
Omaha/Douglas Civic Center April 13, 1989, the City and Douglas County entered into a five
1819 Farnam Street,Suite 701 year Agreement for the development, construction and maintenance
Omaha,Nebraska 68183-070
(402))444-5900 of the Keystone Trail.Til. In 1990 Phase I was completed.
Telefax(402)444-5125 Thereafter, on July 20, 1991 the City and County entered into an
Jerry D.Parks Addendum to this Agreement which allowed for the development,
Director construction and maintenance of Phase II and III of this trail
facility.
Pursuant to the attached Addendum II, the County is currently
the owner of or will acquire the property upon which Pacific
Street Connector section of the Keystone Trail will be
developed. This section consists of an extension of the
existing trail from the intersection of the Little Papio Creek
and Pacific Street east to 67th Street. The City in conjunction
with the Papio Natural Resources District, will provide funds
for construction in an amount not to exceed $70,000.00. These
funds will come from funds originally encumbered but not
expended for Phase II and III. Those terms of the original
Agreement not inconsistent with this Addendum II will remain in
full force and effect.
Your favorable consideration is requested.
Respectfully submitted, Referred /� o t - City Council
for Con_,lde :tio. :
Jerry D. Parks, Director
Parks, Recreation and Public . or's 0 / Tit e
Property Department
Approved as to Funding: This action has been reviewed
and found to be in conformance
with the Master Plan.
1.;64.J 01142-1td
William Miskell, Director Gary L. Director
Finance Department Planning Department
5805v
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ADDENDUM II
•
This Addendum II, to the Agreement dated April 13, 1989, entered into by
the City of Omaha and Douglas County, Nebraska for the development of a
recreational facility in the nature .of a linear trail know as the "Keystone
Trail", is hereby made and entered into thist'-day of,e '4, 199 by and
between the City of Omaha (hereinafter referred to as "City" and Douglas •
County, Nebraska (hereinafter referred to as "County").
WHEREAS, the City of Omaha, and Douglas County, are independent political
subdivisions organized and existing under the laws of the State of ,Nebraska,
within Douglas County; and,
WHEREAS, the City and the County previously entered into an Agreement
dated April 13, 1989, regarding the development and maintenance of the
Keystone Trail; and,
WHEREAS, on July 30, 1991 the City and County previously entered into an
Addendum to that Agreement to jointly construct, develop and maintain Phases
II and III of the Keystone Trail; and,
WHEREAS, the City and County wish to further develop the Keystone Trail
by adding the Pacific Street Connector section which would extend Phase II and
III east to 67th Street; and,
WHEREAS, said Agreement allowed for future phases of the Keystone Trail
to be developed and maintained; and,
WHEREAS, it is necessary for the parties to add Addendum II to said
Agreement to set forth their respective rights, duties and obligations
• regarding the construction, development and maintenance of the Pacific Street
Connector portion of the Keystone Trail; and,
WHEREAS, such Addendum II falls within the intent and purposes of the
Inter.local Cooperation Act, 13-801 to 13-807 R.R.S. Nebr. 1943.
NOW THEREFORE, in consideration of these mutual covenants, the parties do
hereby agree and contract as follows:
TRAIL CREATION
•
1. The Pacific Street Connector section of the Keystone Trail is depicted in
Exhibit "1
2. The County is or will be the owner of the real property as depicted on
the attached Exhibit "2" and agrees to utilize such land for linear trail
corridor purposes for the joint development of the "Keystone Trail".
3. The County agrees to acquire any interest in real property depicted in
Exhibit "2" 'and necessary for development and construction of the. Pacific
Street Connector section of the "Keystone Trail" which it does not own or is
not owned by the City at the time of execution of this Addendum II including,
but not limited to, reacquisition of easements granted on such real property.
County agrees to perform the services required to acquire such interests
. including, but not limited to, negotiation, condemnation and institution of
any necessary legal proceedings. .
•
4. Unless otherwise mutually agreed upon in writing upon the termination of
the original Agreement dated April 13, 1989 or this Addendum II, all real
property as described in Exhibit "1" and "2" shall remain the property of the
party originally owning or acquiring such real property for Keystone Trail
purposes so as to allow for the continued existence of the Keystone Trail.
DEVELOPMENT AND FUNDING 4
5. For the Purposes of the mutual development and construction of the
Keystone Trail - Pacific Street Connector, the City will provide funds in an
amount not to exceed the sum of $70,000.00.
6. The total accumulated sum for the Pacific Street Connector shall be used
for the following purposes: design, survey, bidding, construction,
improvements, signage, and any other costs or expenses as are necessary to
complete construction of the Pacific Street Connector except land acquisition
and costs incident thereto.
•
INCORPORATION
7. All other terms of the Agreement dated April 13, 1989 and the Addendum
dated July 30, 1991, not inconsistent with this Addendum II, shall remain in
full force and effect.
ATTEST: THE CITY OF OMAHA, NEBRASKA
By � . . . 6L^'"'`
�7 ITY CLERK MAYO
APPROVED AS TO FORM:
•
''I �{ • 62(Al-
"SISTANT CITY ATTORNEY
•
ATTEST: COUNTY OF DOUGLAS,
A Body of Politic and Corporate
•
CO TY C • C . IRMAN
•
5807v
the Keystone Trail; and,
WHEREAS, such Addendum II falls within the intent and purposes of the
Inter.local Cooperation Act, 13-801 to 13-807 R.R.S. Nebr. 1943.
NOW THEREFORE, in consideration of these mutual covenants, the parties do
hereby agree and contract as follows:
TRAIL CREATION
•
1. The Pacific Street Connector section of the Keystone Trail is depicted in
Exhibit "1
2. The County is or will be the owner of the real property as depicted on
the attached Exhibit "2" and agrees to utilize such land for linear trail
corridor purposes for the joint development of the "Keystone Trail".
3. The County agrees to acquire any interest in real property depicted in
Exhibit "2" 'and necessary for development and construction of the. Pacific
Street Connector section of the "Keystone Trail" which it does not own or is
not owned by the City at the time of execution of this Addendum II including,
but not limited to, reacquisition of easements granted on such real property.
County agrees to perform the services required to acquire such interests
. including, but not limited to, negotiation, condemnation and institution of
any necessary legal proceedings. .
• 1
•
•
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66th Street
ELMWOOD PARK
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67th Street
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ELMWOOD EXTENSION TO KEYSTONE TRAIL Exhibit 1
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ELMWOOD PARK II
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ELMWOOD EXTENSION TO KEYSTONE TRAIL Exhibit 2 0
, shall remain in
full force and effect.
ATTEST: THE CITY OF OMAHA, NEBRASKA
By � . . . 6L^'"'`
�7 ITY CLERK MAYO
APPROVED AS TO FORM:
•
''I �{ • 62(Al-
"SISTANT CITY ATTORNEY
•
ATTEST: COUNTY OF DOUGLAS,
A Body of Politic and Corporate
•
CO TY C • C . IRMAN
•
5807v
the Keystone Trail; and,
WHEREAS, such Addendum II falls within the intent and purposes of the
Inter.local Cooperation Act, 13-801 to 13-807 R.R.S. Nebr. 1943.
NOW THEREFORE, in consideration of these mutual covenants, the parties do
hereby agree and contract as follows:
TRAIL CREATION
•
1. The Pacific Street Connector section of the Keystone Trail is depicted in
Exhibit "1
2. The County is or will be the owner of the real property as depicted on
the attached Exhibit "2" and agrees to utilize such land for linear trail
corridor purposes for the joint development of the "Keystone Trail".
3. The County agrees to acquire any interest in real property depicted in
Exhibit "2" 'and necessary for development and construction of the. Pacific
Street Connector section of the "Keystone Trail" which it does not own or is
not owned by the City at the time of execution of this Addendum II including,
but not limited to, reacquisition of easements granted on such real property.
County agrees to perform the services required to acquire such interests
. including, but not limited to, negotiation, condemnation and institution of
any necessary legal proceedings. .
25A
` • • • CITY OF OMAHA
• 'LEGISLATIVE CHAMBER
Omaha, Nebr November 10 I'9 92
RRESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, the City of Omaha, and Douglas County are independent
political subdivisions organized and existing under the laws of the State of
Nebraska within Douglas County; and,
WHEREAS, the City and the County entered into an Agreement dated
April 13, 1989, for the development of a recreational trail facility to be
known as the Keystone Trail; and,
WHEREAS, Phase I of the Keystone Trail has been fully developed;
and,
WHEREAS, on July 20, 1991 the City and County entered into an
Addendum to that Agreement to further develop the trail facility by adding
Phases II and III which extended such trail from Cass Street to Mercy Road;
and,
WHEREAS, the City and County wish to again expand the Keystone
Trail facility by adding the Pacific Street Connector which would extend the
trail from its intersection of Pacific Street and the Little Papio Creek east
to 67th Street; and,
WHEREAS, pursuant to the April 13, 1989 Agreement subsequent phases
of trail development are to be accomplished through addenda to the original
Agreement; and,
WHEREAS, the City and County desire to enter into Addendum II to
such Agreement to set forth their respective rights, duties and obligations
regarding the development, construction and maintenance of the Pacific Street
Connector portion of the Keystone Trail as attached hereto; and,
WHEREAS, such an Agreement and its Addendum II fall within the
intent and purposes of the Interlocal Cooperation 'Act, 13-801 to 13-807,
R.R.S. Neb. 1943; and,
WHEREAS, the Pacific Street Connector to the Keystone Trail will be
funded by an amount not to exceed $70,000.00 which will come from the
available funds still remaining in Fund 383 and Fund 302 originally
appropriated for Keystone Trail Phase II and III; and,
WHEREAS, approval of Addendum II to the Agreement is in the best
interest of the citizens of the City of Omaha; and,
WHEREAS, the Mayor has recommended approval of Addendum II.
By
Councilmember
Adopted
City:Clerk *1011
Approved
°Mayor
Exhibit "2" 'and necessary for development and construction of the. Pacific
Street Connector section of the "Keystone Trail" which it does not own or is
not owned by the City at the time of execution of this Addendum II including,
but not limited to, reacquisition of easements granted on such real property.
County agrees to perform the services required to acquire such interests
. including, but not limited to, negotiation, condemnation and institution of
any necessary legal proceedings. .
C-25A
.• CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha, Nebr November 10, 19 92
PAGE2
•
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
OMAHA:
THAT, as recommended by the Mayor, the attached Addendum II entered
into pursuant to the provisions of the Nebraska Interlocal Cooperation Act,
with Douglas County, Nebraska, for the development of the Pacific Street
Connector, a recreational facility iri the nature of linear trail to be known
as a portion of the Keystone Trail is hereby approved. Funding in an amount
not to exceed $70,000.00 of which shall be paid from funds previously
appropriated for Phase II and III of the Keystone Trail from Fund 383, Agency
120, Organization 1294, Activity 3553, and Fund 302, Captial Improvement Fund,
Agency 195 is hereby approved.
APPROVED AS TO FORM:
ISTANT CITY ATTORNEY
5806v
By
4,1110Wri/ c/4/2401.4uelf
Councilmember
Adopted [£QV 10 199Z
•
City Clerk
Approved wIS .. / �3/2,
Mayor
1
, pursuant to the April 13, 1989 Agreement subsequent phases
of trail development are to be accomplished through addenda to the original
Agreement; and,
WHEREAS, the City and County desire to enter into Addendum II to
such Agreement to set forth their respective rights, duties and obligations
regarding the development, construction and maintenance of the Pacific Street
Connector portion of the Keystone Trail as attached hereto; and,
WHEREAS, such an Agreement and its Addendum II fall within the
intent and purposes of the Interlocal Cooperation 'Act, 13-801 to 13-807,
R.R.S. Neb. 1943; and,
WHEREAS, the Pacific Street Connector to the Keystone Trail will be
funded by an amount not to exceed $70,000.00 which will come from the
available funds still remaining in Fund 383 and Fund 302 originally
appropriated for Keystone Trail Phase II and III; and,
WHEREAS, approval of Addendum II to the Agreement is in the best
interest of the citizens of the City of Omaha; and,
WHEREAS, the Mayor has recommended approval of Addendum II.
By
Councilmember
Adopted
City:Clerk *1011
Approved
°Mayor
Exhibit "2" 'and necessary for development and construction of the. Pacific
Street Connector section of the "Keystone Trail" which it does not own or is
not owned by the City at the time of execution of this Addendum II including,
but not limited to, reacquisition of easements granted on such real property.
County agrees to perform the services required to acquire such interests
. including, but not limited to, negotiation, condemnation and institution of
any necessary legal proceedings. .
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Keystone Trail as attached hereto; and,
WHEREAS, such an Agreement and its Addendum II fall within the
intent and purposes of the Interlocal Cooperation 'Act, 13-801 to 13-807,
R.R.S. Neb. 1943; and,
WHEREAS, the Pacific Street Connector to the Keystone Trail will be
funded by an amount not to exceed $70,000.00 which will come from the
available funds still remaining in Fund 383 and Fund 302 originally
appropriated for Keystone Trail Phase II and III; and,
WHEREAS, approval of Addendum II to the Agreement is in the best
interest of the citizens of the City of Omaha; and,
WHEREAS, the Mayor has recommended approval of Addendum II.
By
Councilmember
Adopted
City:Clerk *1011
Approved
°Mayor
Exhibit "2" 'and necessary for development and construction of the. Pacific
Street Connector section of the "Keystone Trail" which it does not own or is
not owned by the City at the time of execution of this Addendum II including,
but not limited to, reacquisition of easements granted on such real property.
County agrees to perform the services required to acquire such interests
. including, but not limited to, negotiation, condemnation and institution of
any necessary legal proceedings. .