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47 <br />2. Fee. <br />The non-refundable fee for this license is $1.00. <br />48 <br />49 <br />3. Use and Maintenance. <br />50 <br />51 <br />3.1 Licensee agrees to use the University Property solely for the purposes stated in <br />52 <br />Section 1.1. <br />53 <br />54 <br />3.2 Design and Construction. <br />55 <br />56 <br />3.2.1 Licensee shall submit to University (Steve Sanders of University’s <br />57 <br />Parking & Transportation Services, 612-525-1333) for its prior approval final Project <br />58 <br />Final Project Plans <br />Plans (“”) and a detailed schedule for construction of the Project <br />59 <br />within 10 days following the signing of this Agreement. University shall provide its <br />60 <br />comments on the Final Project Plans and construction schedule to Licensee within 10 <br />61 <br />business days from the date of receipt. Licensee shall construct the Project in accordance <br />62 <br />with the University approved Final Project Plans and approved construction schedule. <br />63 <br />University’s approval of the Final Project Plans and the construction schedule will in no <br />64 <br />way be deemed to be (i) an acceptance or approval of any element therein which is in <br />65 <br />violation of any applicable law, or (ii) an assurance that License’s Work (as herein <br />66 <br />defined) done pursuant to the approved Final Project Plans and construction schedule will <br />67 <br />comply with all applicable laws or other requirements in this Agreement. Any deficiency <br />68 <br />of design or construction shall be the sole responsibility of Licensee. <br />69 <br />70 <br />3.2.2 If University’s irrigation system needs repair or relocation as result of the <br />71 <br />Project, University’s Landcare shall perform such irrigation work at Licensee’s sole <br />72 <br />expense to be promptly paid upon receipt of an invoice from University. Licensee shall <br />73 <br />contact Chad Schmidt at 612-624-5678 to coordinate University’s irrigation work into <br />74 <br />Licensee’s construction schedule. <br />75 <br />76 <br />3.2.3 The Final Project Plans will reflect the reclamation of the entire width of <br />77 <br />Gortner Avenue from Larpenteur Avenue to Folwell Avenue estimated to cost <br />78 <br />$194,104.00. Federal funding in the amount of $112,036.90 is available to reclaim the 6 <br />79 <br />foot wide shoulders (total 12 feet wide) on Gortner between Larpenteur and Folwell <br />80 <br />Avenues. University agrees to pay the remaining cost to reclaim and overlay the rest of <br />81 <br />the roadway along Gortner Avenue (19 feet wide) in an amount not to exceed <br />82 <br />$82,067.10. <br />83 <br />84 <br />3.2.4 The Final Project Plans will reflect University’s removal of two light poles <br />85 <br />on the east side of Gortner Avenue required for the relocation of the sidewalk and <br />86 <br />Licensee’s construction of the sidewalk extension requested by University at the <br />87 <br />intersection of Gortner and Folwell Avenues as shown on the Preliminary Project Plans. <br />88 <br />University’s cost to remove the two light poles (estimated to be $5,398.00) will be <br />89 <br />equally shared between University and Licensee upon completion of the Project, unless <br />90 <br />Licensee provides written evidence satisfactory to University that Licensee’s federal <br />91 <br />funding and contingency funds have been depleted by other Project cost overrides, in <br />92 <br />2 <br /> <br />