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FAIRVIEW COMMUNITY CENTER AGREEMENT CO PY A n A g r e e m e n t d a t e d t h i s day of , 2000, by and between the Independent S chool District No. 623, Roseville, Minnesota, a public school district, hereinafter called "School" and the City of Roseville, Minnesota, hereinafter called "Roseville". WITNES SETH: Whereas, Roseville will reconstruct the Fairview Community Center driveway from County Road B to County Road B and easterly parking lot, hereinafter called the "City Proj ect"; and Whereas, Roseville, with input from the School, has completed plans and specifications for the Fairview Community Center's driveway and easterly parking lot, and Whereas, Roseville has prepared plans and specifications and will construct parking lo(; improvement that conform with the requirements of City of Roseville zoning code; and Whereas, Roseville will take bids for the project, prepare an abstract of bids and cost participation summary, award a contract and pay the contractor for the work performed to construct the City Project. NOW. THEREFORE, IT IS MUTUALLY AGREED BY AND BETWEEN THE SCHOOL AND ROSEVILLE AS FOLLOWS: 1. Upon award of a construction contract, Roseville shall perform or contract the performance of construction inspection and administration. 2. The construction and engineering cost of the City Project is estimated to be $188,154, all of which will be assessed to the School in 2001 over a period not to exceed 15 years at an interest rate of 7%. 3. The School shall reimburse Roseville for the actual preliminary engineering and design costs needed to prepare plans and specifications for the City Project. This amount is estimated not to exceed $10,000 and is included in the total cost listed above. 4. Upon final completion of the work, Roseville will prepare a final cost participation breakdown based on the completed construction contract. 5. The School shall be responsible for all future maintenance of all items constructed under the contract. 6. The School and Roseville agree to indemnify each other and hold each other harmless from any and all claims, causes of action, lawsuits, judgements, charges, demands, costs, and expenses, including, but not limited to, interest involved therein and attorneys' fees and costs and expenses connected therewith, arising out of or resulting from the failure of either party to satisfy the provisions of this Agreement-or for damages caused Lo fourth parties as a result of the manner in which the School or Roseville perform or fail to perform duties imposed on each party by the terms of this Agreement. Nothing herein shall constitute a waiver by either party of the limits or liability provided by Minnesola Statutes, Chapter 466 or other applicable law.