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<br />Mn/DOT Agreement No, 88611 <br /> <br />WHEREAS, the City has awarded a Construction Contract to perform construction within the City limits of <br />a detention pond located partially within Trunk Highway 51 right-of-way, in accordance with City prepared <br />plans, specifications, and provisions (Construction Contract), for which the construction project has been <br />designated State Aid Project No.187-105-03 and No, 187-112-01; and <br /> <br />. <br /> <br />WHEREAS, State and City are empowered to enter into agreements pursuant to Minnesota Statutes <br />Section 471,59; and <br /> <br />WHEREAS, pursuant to Minnesota Statutes, Section161.38, the parties desire to enter into an agreement <br />relating to the maintenance and operation of a detention pond located east of the Trunk Highway 51 <br />(Snelling Avenue) between Grey Fox Road and Red Fox Road within the limits of the City of Arden Hills <br />upon the terms and conditions set forth in the Agreement; and <br /> <br />NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS <br /> <br />I. GENERAL PROVISIONS <br /> <br />A Upon completion of pond construction pursuant (Construction Contract), the City will provide for all <br />maintenance and operation of the pond and all facilities a part thereof as shown in Exhibit A, which is <br />attached and incorporated into this agreement, without cost or expense to the State. <br /> <br />B. Pond maintenance will include but is not limited to inspection, cleaning, repair, and replacement of <br />drainage structures and pipes, maintenance of the turf and erosion control measures around the pond <br />perimeter, and pond sediment removal as needed to perpetuate pond capacity and function as <br />designed. <br /> <br />C. The City will hold the State harmless from any liability claims due to maintenance and operation of the <br />pond or failure to maintain the pond, including any damages or liability claims resulting from the . <br />design of the pond itself. <br /> <br />D. If in the future the State needs to modify the pond for trunk highway use, the State and City will enter <br />into a new maintenance agreement. <br /> <br />E, If in the future the City needs to modify the pond for City use, the State and City will enter into a new <br />maintenance agreement prior to any modifications being made, <br /> <br />F, The State retains its authority to administer, issue, and regulate access permits, sign advertising <br />permits, drainage permits, and permits to install new utilities on trunk highway right-of-way. <br /> <br />II. CONSIDERATION AND TERMS OF PAYMENT <br /> <br />The City agrees to maintain and operate the pond in consideration of the State permitting City'S <br />construction of a portion of the pond on trunk highway right-of-way, <br /> <br />III. TERM OF AGREEMENT <br /> <br />This Agreement will be in effect until superseded by another agreement between State and City or <br />until such time that the pond is removed, <br /> <br />. <br /> <br />2 <br />