08-24-1999 Minutes - Laserfiche WebLink

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. , r r199g03Sa NOW, THEREFORE, the parties mutually covenant and agree as follows: 1. As tracts and parcels of land are determined to be ready for sale by the United States Army, the County will request that the Department of Army convey to the District easements upon the lands where said drainage ditches are located. The District agrees to accept and hold such easements in the name of the District for the benefit of the public. 2. The District shall annually inspect said ditches and, following such inspections, shall report to the County on the condition of said ditches and make recommendations for their maintenance and repair on or prior to April 1 of each year. 3. The parties shall equally share all costs and expenses of repairs and maintenance of said ditches. Provided, however, that neither party shall be entitled to claim reimbursement from the other for administrative costs and expenses associated with this agreement. 4. The parties shall adopt an annual plan for maintenance of the ditches prior to June 1 of each year. Unless otherwise agreed by the parties, the District shall contract for necessary repairs and maintenance of said ditches and shall be reimbursed by the County for one-half the expense of all such work. Such reimbursement shall be made by County to District within 90 days following written notice to County from District. 5. If any maintenance or repair work is done utilizing County's forces and equipment the District shall reimburse the County for one half the actual cost and expense of such work. 6. This Agreement may be modified or terminated by mutual agreement of the parties hereto. 7. This Agreement shall become effective immediately upon lawful approval and execution by the parties and shall remain in full force and effect until such time as it is amended or terminated pursuant to the provisions herein. 8. There shall be no separate legal entity created through this interlocal cooperation agreement. Said agreement shall be jointly administered by the District and the County. 9. Any personal property acquired or made available by any party for the purposes of this agreement shall remain the property of the party acquiring or making such property available and shall be disposed of such party as provided by law, regulation, or ordinance governing the same. Any real property acquired by any party for the purposes of this agreement shall remain the property of the party acquiring such property and shall be disposed of by such party, with the concurrence of the other party, as provided by law, regulation, or ordinance governing the same. 10. This agreement shall be financed by funds available to the parties including, but not limited, to funds generated through general property tax levies. 11. Pursuant to the Interlocal Cooperation Act, any party to this agreement may appropriate funds 2