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S.P. 6241-51 (T.H. 280) <br />Mn/DOT Agreement Number 92042 <br />Ramsey County <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 />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 <br />to 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 />B) Limitation on Payment <br />1) The total amount the State is required to pay the City is limited to the amount <br />shown in Article V.A.2. <br />2) If the City deems it necessary to perform additional work not covered by this <br />Agreement, or anticipates costs exceeding the amount shown in Article V.A.2., <br />Page 6 of 11 <br />