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BACKGROUND The County owns the former Southern Pacific Railroad corridor between Interstate 580 and Valley Ave (see Attachment 2, Exhibit A). The District is under a license agreement with the County to operate the IHT in this section of the former railroad corridor. The property subject to the District's agreement with the County is generally a 20-foot wide swath along the railroad corridor. The County and District entered into their agreement on December 15, 1998, for a term o25 years with an option to extend for another 10 years; on June 6, 2012, the County and District did extend the agreement to December 14, 2033. The License Agreement between the District and the County allows for the District to sublicense any portion of the trail to another entity. In 2006, as a condition of a new residential subdivision development adjacent to the former rail corridor, the City required the developer, Ponderosa Homes, to install new trail paving, landscaping, garbage cans, drinking fountains, bike signs and other trail related improvements along an approximately one-mile segment of the Iron Horse Trail between Santa Rita Road and Valley Avenue (see Attachment 2, Exhibit B). Since 2007, the City and District have an informal agreement that the City is responsible for ongoing maintenance of this specific segment of the IHT . The Parks Division currently oversees the maintenance of this area. The maintenance is typically routine in nature and consists of weed abatement, landscape maintenance, irrigation inspections, repair and programming, emptying garbage cans, litter collection and overseeing the repair and replacement of other improvements provided by Ponderosa Homes (see Attachment 2, Exhibit C). Except for the irrigation system, most of the maintenance is performed by the City's median maintenance contractor, Terra Landscape. DISCUSSION The proposed Sublicense Agreement will serve to formalize the arrangement between the City and the District to clarify the maintenance responsibilities of each party. Under the Sublicense Agreement, the City will continue to be responsible for maintaining the Ponderosa Homes trail improvements, including the asphalt trail, as well as for litter pick up and emptying garbage cans. Routine maintenance of this portion of the IHT is currently managed by the Parks Division and has been included in the Parks Division budget since the trail improvements were completed. Substantial maintenance activities above the current service level, or the repair or replacement of existing trail improvements, including the asphalt paving, will be anticipated, and funding will be requested accordingly. The District will be responsible for maintaining the trail entry fencing, bollards, gates and District signage as part of the operation of the Iron Horse Regional Trail. The District will continue to provide police, ranger or other sworn peace officer patrol in the sublicensed area to keep peace and prevent unauthorized uses at the same level that it provides to other District park areas within its jurisdiction. Removal of graffiti and repair of any vandalism or theft shall be the responsibility of the party who maintains the affected infrastructure. Page 2 of 3