ASSISTANCE AGREEMENT BETWEEN MONTEREY PENINSULA REGIONAL PARK DISTRICT AND BIG SUR LAND TRUST San Jose Creek Trail Project THIS AGREEMENT is made and entered into, by and between the Monterey Peninsula Regional Park District, hereinafter called MPRPD, and Big Sur Land Trust, hereinafter called BSLT. A. RECITALS The goal of the San Jose Creek Trail Project is to provide a pedestrian recreation trail, approximately 1.5 miles in length that links California State Parks’ Point Lobos Ranch property and MPRPD’s Palo Corona Regional Park property (through the former Whisler-Wilson Ranch). The San Jose Creek Trail Project will be the first interconnected trail to realize the vision of the Lobos-Corona Parklands Project. The Lobos- Corona Parklands Project was established by an MOU in 2014 between MPRPD, California State Parks and Recreation (State Parks), BSLT and the Point Lobos Foundation (PLF). The purpose of the Lobos-Corona Parklands Project partnership is to collaborate on integrated planning for well-managed open space uses across jurisdictional and property boundaries. In 2014, BSLT, State Parks, and MPRPD signed an MOU specifically regarding the construction and maintenance of the San Jose Creek Trail. BSLT secured a $552,721 California River Parkways grant to fund the project and assumed project management responsibility. State Parks has provided extensive in-house engineering and site planning and has also performed construction management and construction activities using State Parks and ACE trail crews to complete the project’s three pedestrian bridges (work reimbursed by the River Parkways grant). PLF, although not a signatory to the trail MOU, funded the design and fabrication of four trail interpretive panels (one of which will be on the MPRPD property). Project proponents gave a presentation on the project to the MPRPD Board of Directors in May 2019, and in June 2019, the MPRPD Board approved the annual budget which designated up to $50,000.00 (fifty thousand dollars) to assist with completion of the trail project. While most of the project activities have been funded by the River Parkways grant, fencing required to protect archaeological resources ($101,734 for labor and materials) and implementation of a revegetation/restoration plan ($68,829 over three years; first year approximately $27,000) were not funded. The MPRPD funding will go towards these tasks. To cover the remaining costs, BSLT is seeking funding from the River Parkways Program (the grant manager has indicated they may be able to provide limited additional funding to ensure the trail project is completed); BSLT has also submitted a proposal to the Community Foundation’s donor advised funds. All parties are committed to completing the project in 2019. B. ROLES AND RESPONSIBILITIES Under this Assistance Agreement, MPRPD shall: 1. Provide a grant in the amount of up to $50,000.00 (fifty thousand dollars) to BSLT for the purpose of completing the San Jose Creek Trail Project. The funding is to be used to help pay for materials and labor associated with the construction of fencing on the access road leading to the trailhead to protect sensitive archeological resources, and/or to implement a revegetation and monitoring plan for restoring riparian habitat associated with trail bridge construction, and/or to address other site or facility-related projects. 2. Collaborate with BSLT and California State Parks in identifying and establishing the location, design and development of parking areas, access roads, and trailheads to and from MPRPD and California State Park properties (i.e., Palo Corona Regional Park and the Whisler-Wilson property, and California State Parks’ Point Lobos Ranch and Staff residence area, respectively). 3. Collaborate on the formal opening of the San Jose Creek Trail to the public. Under this Assistance Agreement, BSLT shall: 1. Expend BSLT funds to pay for project expenses outlined in #1 above. 2. Communicate with MPRPD about the progress of the project. 3. Provide MPRPD with documentation of paid invoices for actual expenses incurred for the designated portion of the San Jose Creek Trail Project for which grant funds are authorized pursuant to this Agreement. 4. Collaborate with MPRPD and California State Parks in identifying and establishing the location, design and development of parking areas, access roads, and trailheads to and from MPRPD and California State Park properties (i.e., Palo Corona Regional Park and the Whisler-Wilson property, and California State Parks’ Point Lobos Ranch and Staff residence area, respectively). 5. Collaborate on the formal opening of the San Jose Creek Trail to the public. C. TERM The term of this Agreement shall commence upon signature of this Agreement by both parties and continue through December 31, 2019. D. PAYMENT PROCEDURE: Upon MPRPD’s receipt of documentation of paid invoices for actual expenses incurred, MPRPD will reimburse BSLT for authorized expenses up to the total cumulative amount of $50,000.00 (fifty thousand dollars). MPRPD shall make such payments to BSLT within 30 (thirty) days of receipt of the required documentation. E. AMENDMENT This agreement may be changed only by written mutual consent of the parties, including extending its term. Verbal agreements shall not be binding on either party; any and all necessary changes must be incorporated by written amendment only. MPRPD REPRESENTATIVE Name: Rafael Payan, General Manager, Monterey Peninsula Regional Park District Address: 4860 Carmel Valley Road, Carmel, CA 93923 Telephone: 831-372-3196 Email: [email protected] BSLT REPRESENTATIVE Name: Jeannette Tuitele-Lewis, President/CEO, Big Sur Land Trust Address: 509 Hartnell Street, Monterey, CA 93940 Telephone: 831-625-5523, ext. 101 Email: [email protected] The parties have executed this Agreement as of the date last below written. Monterey Peninsula Regional Park District 4860 Carmel Valley Road Carmel, CA 93923 By Rafael Payan, General Manager Date Big Sur Land Trust 509 Hartnell Street Monterey, CA 93940 By Jeannette Tuitele-Lewis, President/CEO Date .