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<br />24 WHEREAS, the parties desire that the CITY shall be responsible for procuring <br /> <br />25 the design and engineering construction plans, the construction, and thereafter for <br /> <br />26 operation and maintenance of the TRAIL; and <br /> <br />27 WHEREAS, the parties desire that the COUNTY shall provide the CITY funding <br /> <br /> <br />28 for all costs of said design and engineering construction plans and construction of the <br /> <br /> <br />29 TRAIL up to a maximum total of $1 ,000,000.00; and <br /> <br />30 NOW, THEREFORE, the COUNTY and the CITY, for and in consideration of the <br /> <br />31 mutual covenants, obligations, and responsibilities cited herein, do hereby covenant; <br /> <br />32 and agree as follows: <br /> <br />33 SECTION 1. RECITALS. The foregoing recitals are true and correct and form a <br /> <br />34 material part of this Agreement upon which the parties have relied. <br /> <br />35 SECTION 2. FUNDING. The COUNTY agrees to provide funding to the CITY for <br /> <br /> <br />36 up to $250,000 for design and engineering construction plans and $750,000 for <br /> <br /> <br />37 construction of the TRAIL. Any remainder of the design funding can be applied to the <br /> <br /> <br />38 construction funding. The amount of funding may be increased at COUNTY'S sole <br /> <br /> <br />39 discretion. <br /> <br />40 SECTION 3. DESIGN. (a) The CITY shall be responsible for managing and <br />41 directing the preparation of the design and engineering construction plans for the <br />42 TRAIL, including the preparation and submittal of the application for all required permits <br />43 and approvals therefore. The CITY can utilize one of their continuing services contract <br />44 consultants for the preparation of the design and engineering construction plans. The <br />5/15/2006 2 <br />