| This Collaborative Action
Plan and Agreement is effective as of the date of full execution
by the parties.
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The City of San José (“City”)
and the Santa Clara Valley Water District (“District”)
have entered into a Memorandum of Understanding (“MOU”)
approved by the City Council of City and approved by the Board of
Directors of District on June 18, 2002. The MOU sets forth a basic
framework for the relationship, goals and objectives of the parties.
The City’s is a charter City, with its primary purpose to
provide a broad range of municipal services to the citizens of San
Jose.
The District’s primary purpose is to protect Santa Clara County
from flood and storm water; provide conservation and management
of waters for beneficial and useful purposes; and to enhance, protect
and restore streams, riparian corridors and natural resources that
encompasses the watershed that we live in.
The District has a commitment to the community under the voter approved
Clean Safe Creeks and Natural Flood Protection Program to provide
access to 70 miles of open space or trails along creeks. This 15-year
program provides funding for the District to partners with cities,
county and special districts.
The District and City each have as an interest to increase open
space, trails and other public recreational opportunities within
their jurisdictions. The District and City desire to jointly engage
in the process of planning, developing, marketing and maintaining
trails and other public recreational features related to those trails.
This Collaborative Action Plan and Agreement is intended to establish
a framework for cooperative efforts in the planning, design, construction
and operation of trails and related recreational features on property
located within the City. In addition, this Agreement will provide
for the development of trails projects in a manner that improves
the water quality and the riparian habitat of creeks and waterways
adjoining the trail, and thereby also improving the water quality
and riparian habitat in other portions of the creek or waterway,
and ultimately protecting the watershed that we live in.
The parties intend that the cooperative efforts and responsibilities
articulated in this Collaborative Action Plan and Agreement shall
form the basis for future agreements entered into by the parties
for Joint Trails Projects, as defined below. Toward that end, the
parties intend that the Collaborative Agreement and the form Joint
Trails Project Plan and Agreement (attached as Exhibit A) be used
for an extension, modification or renewal of existing documentation
for projects whenever possible.
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