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03.A - Joint Powers Agreement
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06-16-2015 Special Council Meeting
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03.A - Joint Powers Agreement
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MnDOT Contract No: <br /> 3.1.2 Submit one copy of the State's Application for Utility Accommodation on Trunk Highway Right <br /> of Way, Form 2525 (Permit), including two copies of"proposed" sketches, for that portion of the <br /> System remaining within trunk highway right-of-way to the State before beginning the <br /> reconstruction or relocation work; and <br /> 3.1.3 Stake the location and elevation of the System within the trunk highway right-of-way. The City <br /> must not begin construction until the State approves the location and elevation; and <br /> 3.1.4 Complete all reconstruction or relocation work according to the State-approved plans and all <br /> applicable statutes,rules,and regulations. <br /> 3.2 Limited Right to Occupy Prior to August 1,2016. Effective immediately,the State grants to the City <br /> (and its contractors and consultants)the right to occupy the trunk highway right-of-way as necessary for <br /> the continued use and operation of the City's System up to and including August 1, 2016. This right is <br /> limited to the purpose of operating, maintaining,and making necessary adjustments for the reconstruction <br /> or relocation of the System to accommodate the Project. The State may revoke this right of occupancy for <br /> breaching the terms of this or any other agreement(relevant to this project)with the State, failing to <br /> provide adequate safety measures, or failing to observe applicable environmental laws or terms of <br /> applicable permits. The State will have no liability to the City(or its contractors or consultants)for <br /> revoking this right of occupancy. <br /> 3.2 Subordinate Right. Any use permitted by this Agreement will be subordinate to the right of the State to <br /> use the property for transportation purposes. This Agreement does not grant any interest to the City <br /> whatsoever in the trunk highway right-of-way.Notwithstanding the foregoing,the State will not permit <br /> its contractors on the Project access thru or across the trunk highway right-of-way that encompasses the <br /> City's System up to and including August 1,2016 without consulting with the City first. <br /> 3.3 Reconstruction or Relocation Mitigation Payment. The State will participate in the costs of the <br /> reconstruction and relocation of the System as follows: <br /> 3.3.1 Compensation.The State will pay the City on a lump sum basis of$506,000.00. <br /> 3.3.2 Total Obligation.The total obligation of the State under this Agreement will be$506,000.00. <br /> 3.4 Conditions of Payment. The State will pay the City the lump sum amount in Article 3.3 after the <br /> following conditions have been met: <br /> 3.4.1 Encumbrance of the funds by the State; and <br /> 3.4.2 Execution of this Agreement and transmittal to the City; and <br /> 3.4.3 The State's receipt of a written request from the City for the funds. <br /> 3.5 Waiver and Release. Upon receipt of State's lump sum payment under this Agreement,the City waives <br /> and releases State from any and all damages, claims, or causes of action of any kind accruing to the <br /> City due to the reconstruction or relocation of the System. <br /> 4 Agreement Personnel <br /> 4.1 State's Authorized Representative will be: <br /> Name/Title: James Hallgren, Project Manager <br /> Address: 7694 Industrial Park Road, Baxter, MN 56425 <br /> -4- <br /> Joint Powers Agreement for Non Professional/Technical Services(CM 06/19/2012) <br />
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