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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 - 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 • • • L__ 66th Street ELMWOOD PARK 1 1 1 � -_� NEW TRAIL 67th Street ___ NORTH I I i I I I II I AKSARBEN STABLE AREA i I 68th Street 11 1 I I I � l I Im N I 1 I 0 a is I I I III 69th Street I I Trait 1 1 Keystone p�p10 CREEK I ' j I //l I Caniglia's Venice Inn • ELMWOOD EXTENSION TO KEYSTONE TRAIL Exhibit 1 A• • L 66th Street ji: G ELMWOOD PARK II 1 1 f: 67th Street NORTH t 1 i.:1,.;:;:.*:!..:::::::"..::::::1 I 1 iiii 1 i i ' Douglas County Property 1:::::::::::* 1 II 11:11 t • 1: 1 1 t;:: :: AKSARBEN I ill STABLE AREA I I 111111 I I 68th Street 1 1 ' :: 1 Ii :::::::,::::::;::!. 1 1 ::::::::"...::: I i 1 I • ' * •• i u I::::::: AI •: n 1 -- t::: : 69th Street 1 i + t � Trait stone t 12•;::::' ;%:':;: i;;:;:;:::;:;:;;;:;:;:::>:>: : : Key I :522>>i'''. j 1 I Caniglla's Venice In 1 1 / „c.:17.,,,c. /`. 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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",a a.� 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. .