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WHEREAS, the County and City agree thattimelycompletion of traffic analysis and interchange <br />concept development and analysis forthe two interchanges is critical to the overall redevelopment <br />schedule of the TCAAP site; and <br />WHEREAS, the County and City agree that there are benefitsto and efficiencies for the overall <br />TCAAP site redevelopment to have KHAperform project management,traffic analysis,and interchange <br />concept development and analysisservices as outlined in Amendment Number One and Two to the <br />City’s agreement with KHA for TCAAP Redevelopment Site Alternative Urbanwide Area Review <br />(AUAR), Master Plan, Regulations and Policies. <br />NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED ASFOLLOWS: <br />1.The County shall lead the oversight of the work completed by KHA as outlined in Amendment <br />NumberOneand Two. <br />2.The County shallpay to the City $88,900 to coverthe cost of the services included in <br />Amendment Oneand Two.Half of the cost of theservices ($44,450) is eligible for County State <br />Aid Highway fund reimbursementand the other half will be paid for out of County Capital <br />Improvement funds. <br />3.Any amendment to this Agreement shall only be valid after it has been reduced to writing and <br />signed by both parties. <br />4.The City and County shall indemnify, defend,and hold each other harmless against any and all <br />liability, losses, costs, damages, expenses, claims, or actions, including attorney’s fees, which the <br />indemnified party, its officials, agents, or employees may hereafter sustain, incur, or be required <br />to pay, arising out of or by reason of any act or omission of the indemnifying party, its officials, <br />agents or employees, in the execution, performance, or failure to adequately perform the <br />indemnifying party’s obligation pursuant to this Agreement. Nothing in this Agreement shall <br />constitute a waiver by the County or the City of any statutory or common law immunities, limits, <br />or exceptions on liability. <br />5.This Agreement shall remain in full forceand effect until terminated by mutual agreement of the <br />County and City. <br />6.Any notice required by this Agreement shall be by First Class Mail and addressed as follows: <br />City of Arden HillsRamsey County <br />1245 West Highway 961425 Paul Kirkwold Drive <br />Arden Hills, MN 55112Arden Hills, MN 55112 <br />2 <br />PW2013-57 <br />