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MnDOT Contract No: 1001092 STATE OF MINNESOTA JOINT POWERS AGREEMENT BETWEEN THE MINNESOTA DEPARTMENT OF TRANSPORTATION AND THE CITY OF PEQUOT LAKES Federal Project Number: NHPP 0371(313) State Project Number(SP): 1810-92 Trunk Highway Number(TH): 371 Project Identification: Wastewater Spray Irrigation Mitigation This Agreement is between the State of Minnesota,acting through its Commissioner of Transportation("State") and the City of Pequot Lakes acting through its City Council ("City"). Recitals 1. Minnesota Statutes §161.20 authorizes State to make agreements with and cooperate with any governmental authority for the purposes of constructing,maintaining and improving the trunk highway system. 2. Minnesota Statutes § 471.59 authorizes State and City to enter into this Agreement. 3. State is performing road construction, Highway 371 Expansion Project under SP 1810-92,("Project"),which includes an easterly bypass of the City of Pequot Lakes. 4. The proposed alignment of the Project bisects the City's wastewater spray irrigation system("System"). The acceleration of the Project has negated the City's ability to pay for the relocation, reconstruction,or other mitigation measures to maintain the function and capacity of the System. 5. The City has requested that the State participate in the cost of mitigation measures to the System due to the acceleration of the Project, and the State is willing to participate in the costs of the mitigation measures. State's participation includes conveyance of State-owned excess real property and a cash payment for relocation or reconstruction. 6. Both parties are entering this agreement to set forth the terms of the State's participation in the cost of the mitigation measures for the System. Agreement 1 Term of Agreement; Survival of Terms; Incorporation of Exhibits 1.1 Effective Date: This Agreement will be effective on the date State obtains all required signatures under Minnesota Statutes Section §16C.05, subdivision 2. 1.2 Expiration Date: This Agreement will expire when all obligations have been satisfactorily fulfilled. 1.3 Survival of Terms: All clauses which impose obligations continuing in their nature and which must survive in order to give effect to their meaning will survive the expiration or termination of this Agreement, including,without limitation,the following clauses: 6. Indemnification; 7. State Audits; 8. Government Data Practices;and 9. Venue. 1.4 Exhibits: Exhibits A and B are attached and incorporated into this Agreement. -1- Joint Powers Agreement for Non Profess ional/Technical Services(CM 06/19/2012)