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S.P. 6241-51 (T.H. 280) <br />Mn/DOT Agreement Number 92042 <br />Ramsey County <br />1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />to <br />1] <br />12 <br />13 <br />14 <br />is <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />29 <br />30 <br />31 <br />32 <br />33 <br />34 <br />35 <br />36 <br />37 <br />38 <br />39 <br />V. Payment <br />A) Payment <br />1) Exhibit B, which is attached to this Agreement, is a detailed, itemized estimate <br />of the cost of the City's relocation work. Actual expense includes all costs <br />attributable to design engineering and construction relocation work. <br />Reimbursement will be based on the actual costs for work that conforms to <br />Exhibit A. Betterment, increase in value, and salvage value derived from the <br />relocated Facilities will not be included in this reimbursement. <br />2) The State will pay the City for the actual cost the City incurs performing its <br />obligations pursuant to this Agreement, in an amount not to exceed <br />$407,533.50, upon receiving: <br />a) All necessary conveyance documents executed by authorized officials of <br />the City; <br />b) Satisfactory proof that the Facilities have been relocated to the Project <br />Engineer's and Utilities Engineer's satisfaction; and <br />c) One original, signed invoice that is supported by an itemized statement <br />of costs. An authorized representative of the City must sign the invoice <br />and submit the final bill to the Utilities Engineer no later than 90 days <br />after completing the relocation. <br />3) The State's payment constitutes payment in full for all work the City performs <br />and for any and all damages, claims, or causes of action of any kind accruing to <br />the City because of the State's order to relocate the Facilities. This payment <br />also constitutes payment in full for the Quitclaim Deed. Notwithstanding <br />anything in this Agreement to the contrary, the City reserves the right to pursue <br />any lawful remedy it may have for tortious acts that may arise out of the <br />relocation of the Facilities. <br />4) If acceptable to the Utilities Engineer, the State may process periodic progress <br />billings of incurred cost without prior audit. <br />Page 6 of 11 <br />