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<br />. <br />. <br />-~ <br /> <br />i WHEREAS, the project includes, in addition to other things, grading, paving, concrete curb and <br />~ gutters, storm sewer, sidewalk, bituminous trail, turf establishment, landseaping, utility adjustments, and <br />..... retaining walls; and <br /> <br />WHEREAS, the grading provisions require aequisition of certain right of way and temporary <br />construction and slope easements prior to eonstruction; and <br /> <br />WHEREAS, the Minnesota Department of Transportation has determined the storm sewer is <br />eligible for State Aid funds, <br /> <br />NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED AS FOLLOWS: <br /> <br />1, The County shall prepare the necessary plans, specifications and proposals, Cost of projeet revisions <br />after eompletion of plans and specifications will be paid for by the party requesting the revisions or <br />as defined by supplemental agreement, Revisions must be consistent with State and Federal Aid <br />requirements and are subject to County approval, <br /> <br />2, The Minnesota Department of Transportation shall take bids and award a eontract for the <br />eonstruction ofthis subject project, In the event bids for the City's portion of work exceed the <br />engineer's estimate by 10% or more, the County will contact the City for concurrence with the <br />increased cost prior to award. Upon award, the County shall perform the construetion inspection; <br />the City shall assist the County in the inspection of City utilities and landseape features, <br /> <br />fII' 3, <br /> <br />The County shall administer the aequisition of all rights of way and easements required for the <br />construetion of the project, The County shall provide all compensation to property owners for <br />acquired rights of way and easements. <br /> <br />4. All County road rights of way and temporary easements'will be in the name of the County, and <br />parking and other regulations will be eontrolled by the County, Any rights of way whieh eannot be <br />negotiated will be aequired through eminent domain proceedings by the County. <br /> <br />5, The County and City shall participate in the costs of construetion in aeeordanee with the Estimated <br />Cost Participation Summary, attached as Exhibit A and ineorporated herein, except as modified <br />below, <br /> <br />6, The County and City shall participate in the eosts of storm sewer eonstruction to the extent identified <br />by the Mn/DOT Hydraulics Engineer's Memorandum on storm sewer cost participation percentages, <br /> <br />7, Upon eompletion of the project the County shall own and maintain all storm sewer catch basins, <br />leads and outfalls whieh are loeated within County road rights of way and direetly serve the paved <br />portion of Cleveland A venue or intersecting County roadways, The City shall own and maintain <br />surface drains and leads servicing areas draining private property or munieipal streets. <br /> <br />8. <br /> <br />- <br /> <br />Upon eompletion of the project, the City shall own and maintain the conerete walk beyond the <br />bridge limits along the east- side of Cleveland Avenue, The County shall own and maintain the <br />concrete walk within the bridge limits, All other sidewalk and path areas constructed as part of this <br />project shall be owned and maintained by the munieipality within which it is loeated, <br /> <br />99011,2 <br />