City Council Agenda and Packet 1974 07 16

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2. following completion of the project, the First Party shall inspect the project and audit all expenditures made by Second Party thereafter, and after approval of the First Party, the Second Party will be reiebursed by the First Party for sot of the eligible costs incurred by the Second Party, provided they do not emceed the land amount. 3. The Second Party accepts responsibility for operation and maintenance of the project (including Law enforcement) for public outdoor recreational use for a minima of twenty-dive (25) years, if the trail corridor is leased, or in per- petuity if the trail corridor is avgetired in fee. Any lands acquired with state trills tends foe a trail corridor will not be oaevsrted to amp other Furs without prior approval of the First *arty. All improvements resulting from the project shall be maintained in a safe and attractive manner so as to appear inviting to the public, and to prevent user casualties. a. That since the Division of Perks and Outdoor Pecreation is the Stag Agency responsible to the State of Colorado for Second Party's eaylisssae with this Agreement, Second Party Shall comply with the taxies of said agreement. Failure by Second Party to so comply shall be deemed justifiable cause to cancel funding of the project, and Second Party shall relieve or indemnify the First Party for all damages incurred by First Party as a result of said failure. S. This addendum shall be attached to and by reference made a part of the cooperative agreement entered into between the parties hereto on the 21st day of NOY , 19 74. - 6.. All terms of this Agreement shall be binding on and inure to the benefit of the personal representatives, successors, or assigns of the parties. 7. This agreement shall not be deemed valid until approved by the Controller of the State of Colorado or such assistant as he i ry designate. 8. Financial obligations of the State of Colorado payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available, and the Second Party is advised that General Revenue Sharing funds may be so appropriated by the First Party. 9. no unit of local government may use, directly or indirectly, any parr of the funds it receives as a result of the State and Local Fiscal Assistance Act of 1972, Public Law 92-512, (General Revenue Sharing) as a contribution for the purpose of obtaining Federal funds under any law of the United States which re4+ai' such government to maks a contribution in order to receive Federal funds. 10. The Second Party Agrees to comply with the provisions of the Dtvi., -- Bacon Act in instances where :,e16 or more of the costs of t co.et,.d..L• :or of a project is to be paid from General seven's* Sharing funds.