03-11-2019 Council Packet - Laserfiche WebLink

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The County warrants it 1) has legal rights to construct, maintain, and operate sidewalks, trails and other such public ways within the Permit area, 2) has the right, title and capacity to convey the Permit to City, and 3) that the undersigned is authorized to execute this Permit. The County shall provide the City written documentation of any and all previously and/or currently present hazardous materials, pollutants, or other contaminants within the Permit area. The City shall not be responsible for any costs, expenses, damages, obligations, including penalties and reasonable attorney’s fees, or losses resulting from any claims, actions, suits or proceedings based upon the release or threat of release of any hazardous substances, pollutants, or contaminants which may have existed on, or which relate to, the Permit area prior to the date of this instrument. III Funding The estimated total costs of the project to construct the Navarre Connector is Three Hundred Thousand Dollars and No Cents. ($300,000.00), and each party agrees to pay one-third (1/3) of the costs in the amount of One Hundred Thousand Dollars and No Cents ($100,000.00). It is further understood by each party that at 60 percent (%) design stage, all Parties agree to meet to review design, right-of-way impacts and cost, and to confirm the project is feasible for moving forward. If it is determined the project is not feasible, the project and this Agreement are terminated, except that each party is still responsible to pay one-third (1/3) of the costs of incurred project costs. Any party may terminate the project at the 60 percent (%) design stage or the final design stage by providing the other parties a written notice of termination. It is further understood by each party that in an instant in which the total cost of the project exceeds each party’s cost participation of $100,000.00, the Parties will re-negotiate the terms of the agreement to either enter into an amendment to the agreement to contribute additional funds to the project, or to terminate this agreement. It is understood by the Park District, the County, and the City that the funds the County and the City have set aside for the project will be available for payment to the Park District for three years from the date of the execution of this Agreement. IV Design and Construction In accordance with Sections III Funding, the Park District or its agents will prepare the necessary plans and specifications for the Navarre Connector and enter into a contract for construction, administer the contract, perform the required engineering and inspection in accordance with the plans and specifications, and assume one-third (1/3) financial responsibility for all associated work.