2009/04/01 Council Agenda Packet

I JJ 3.2.2 Water Quality Site One and Outfall: STATE is responsible for the operation and maintenance of a. Earth berm structures that support the Trails; b. Pond wetland &berm plantings; c. Quarry spall plunge pool at the base of the Drainage/Pedestrian Bridge waterfall; d. Right of way fence and signing located around the WQ1; e. Wetland mitigation located within the WQ1; and f. Drainage features located within WQ1 and the Outfall easement. g. Outfall structure 3.3 Third Party Damage STATE Responsibility: The STATE shall be responsible for all costs associated with third party damage repair and for collecting such costs from the third party for damages to the drainage structures,berm structures,bridge structures and plant life. 4. CITY MAINTENANCE, OPERATION AND SAFETY RESPONSIBILITY OF DRAINAGE/PEDESTRIAN BRIDGE AND TRAILS 4.1 The PARTIES agree to share in the operation and maintenance of certain state-owned facilities, located on either easements or state-owned land, as shown on Exhibits A-1 and A-2 and as as further provided herein. The CITY agrees, at its sole cost and expense,to maintain certain WQ1 features, Drainage/Pedestrian Bridge and Trails, as follows: 4.1.1 Water Quality Site One: a. Abate all camping and other non-approved uses of the WQ1 and Outfall sites, including cleaning all such areas that result from non-approved uses; and b. Pond and berm vegetation maintenance as needed to provide pedestrian access to trails. 4.1.2 Pedestrian Bridges and Trails: a. Remove graffiti from bridges and trails in areas that do not require mechanical lifting equipment, extension ladders or coordination with BNSF; b. Clean Trails, pedestrian foot bridges, the portions of the Drainage/Pedestrian Bridge under the reach of pedestrians, including but not limited to the placement and maintenance of waste receptacles, litter and refuse removal, sweeping, and handrail maintenance; r r: v 3