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<br />. <br /> <br />. <br /> <br />. <br /> <br />WHEREAS, the grading provisions require acquisition of celiain right of way and temporary <br />construction and slope easements prior to construction; and <br /> <br />WHEREAS, the Minnesota Department of Transportation has determined the storm sewer is <br />eligible for County State Aid Highway 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 ofproj ect revisions <br />after completion 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 Aid requirements <br />and are subject to County approval. <br /> <br />2. The County shall take bids and award a contract for construction ofthe subject project. <br /> <br />3. The County shall administer the acquisition of all rights of way and easements required for the <br />constmction ofthe project in accordance with State Aid requirements and all applicable Federal and <br />State Statutes. The County shall provide initial compensation to property owners for acquired rights <br />of way and easements. The City will reimburse the County for acquisition costs including <br />administrative costs accrued by County staff or hired consultant services. with respect to parcels <br />located within the City of Arden Hills. In the event the City requests work not included within the <br />original plans, the City will also be responsible for costs for any additional rights of way required. <br /> <br />4. All acquired road rights of way and temporary easements will be in the name of the County, and <br />parking and other regulations will be controlled by the County. Any right of way acquisition which <br />cannot be negotiated, will be acqllired through eminent domain proceedings by the County, or <br />eliminated through design revisions, as determined most appropriate by the County. Costs incurred <br />by the County due to eminent domain proceedings for parcels located within the City shall be paid by <br />the City. <br /> <br />5. The County and City shall participate, in principle, on the basis of constmction costs and shares <br />identified in accordance with the Estimated Cost Participation Summary, attached as Exhibit A and <br />incorporated herein, except as modified below. It is understood actual costs will be adjusted to <br />reflect final design elements as submitted to the City for approval at the time of final plan completion <br />and submission for municipal approval. <br /> <br />6. The County and City shall participate in the costs of storm sewer construction to the extent identified <br />by the MnlDOT Hydraulics Engineer's Memorandum on storm sewer cost participation percentages. <br /> <br />7. Upon completion ofthe project the County shall own and maintain all storm sewer catch basins, <br />leads and out falls which are located within County road rights of way and directly serve the paved <br />pOliion of Lexington Avenue or inlersecting County roadways. The main tmnk storm sewer in the <br />portion of Lexington A venlle within the City shall be o'Wned and maintained by the City. It is <br />acknow ledged thallhe County and City of Shoreview support the construction of stonn water <br />treatment facilities for the purpose of treating drainage from within the proj ect area The existing <br />pond on the south side of Victoria along the east side of Lexington Avenue will be expanded to treat <br />additional runoff from Lexington A venue. It is acknowledged that stann water ponds serve a <br />watershed function. Maintenance and operalions costs associated with the expansion of the pond as <br />PW2004-04-2 <br />