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<br />Right-of-Way once the one year warranty has expired. The City shall <br />provide CMK with a temporary construction easement in the City right- <br />of-way for the duration of construction that shall be subject to City <br />Attorney approval. <br /> <br />C. Snow and Ice Removal. Once the Pathway is completed, snow and ice <br />removal shall be handled by the Traverse Property Manager. The snow <br />and ice shall not be deposited onto Gateway Boulevard under any <br />circumstances. <br /> <br />D. Environmental/Utilities. In the event CMK discovers Public Utilities <br />("Utilities"), or Hazardous Substances as defined by applicable law, <br />petroleum compounds, or diesel range organics within that portion of <br />the right-of-way of Gateway Boulevard which is to be used for the <br />construction of the Pathway described in paragraph 7. B above <br />("Contamination"). CMK shall immediately cease construction of the <br />Pathway upon discovery of the Utilities or Contamination and shall <br />promptly notify the City. In the event Utilities are encountered, the <br />City will be responsible for relocation or modification as they deem <br />necessary. In the event Contamination is discovered, the City shall be <br />solely responsible for both notifying the Minnesota Pollution Control <br />Agency ("MPCA") of the Contamination and for developing a remedial <br />action plan to address the Contamination in compliance with all <br />applicable laws. Notwithstanding the foregoing, CMK shall have no <br />obligation to spend more than the estimated cost of the Pathway <br />Improvements or $126,600, whichever is more. If the City, with the <br />MPCA's approval, elects to cease construction of the Pathway, the City <br />shall notify CMK in writing and CMK shall have no further responsibility <br />to complete construction or installation of the Pathway, other than to <br />properly abandon and to stabilize the construction site. In the case of <br />termination of the Pathway construction project, CMK shall work with <br />the city to identify other park and recreation improvements. In no case <br />shall the amount of work exceed the estimated cost of the Pathway <br />Improvements or $126,600, whichever is more. <br />