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Agreement <br />Old Crystal Bay Road <br />a. It is understood and agreed that upon completion of the Project, all of the project improvements <br />within the School property shall be the property of the School and all maintenance, restoration, repair <br />or other work or services required thereafter shall be performed by the School at no expense to the <br />City. Further any stormwater features such as catch basins that are located in the access ways or lead <br />pipes attaching School catch basins to the City's stormwater system but within the City right of way <br />shall be the maintenance responsibility of the School. It is understood that maintenance of cross <br />culverts under School access points but within City right of way will be the responsibility of the <br />School. <br />b. The city shall be responsible for the maintenance of all of the project improvements within the <br />City right of way less those outlined in Paragraph 5a above or as described in Orono City Code. <br />c. It is understood by the parties hereto that the term `upon completion of the Project' as used in <br />this agreement shall be defined as acceptance by the City Engineer of the construction work performed <br />by the City's construction contractor that is to be maintained by the City and School as specified <br />herein. All questions of maintenance responsibilities that may arise shall be jointly resolved by the <br />City's Director of Public Works and the School Facilities and Safety Director. <br />d. The City reserves the right not to issue any permits for a period of five (5) years after <br />completion of the Project for any service cuts in the roadway surfacing of the city road included in <br />said Project for any installation of underground utilities which would be considered as new work; <br />service cuts shall be allowed for the maintenance and repair of any existing underground utilities. <br />6. Loss. Each party shall be solely responsible for any loss, damage or injury to any <br />person or property arising out of the implementation of the Joint Powers Agreement and <br />improvements thereon by any person or persons within its jurisdiction or authority; and each party <br />shall hold the other harmless from and defend against any claim, demand or cause of action initiated <br />to recover the amount of any such loss, damage or claim for which it is responsible pursuant to this <br />Agreement. Both parties are required to maintain municipal liability coverage in an amount equal to <br />or greater than the maximum liability of municipalities as set forth in Minnesota Statues, Section <br />466,04, subd. 1, as amended. Each party shall endorse the other party as an additional insured on its <br />municipal liability coverage for claims that may arise under this Agreement. The provisions of the <br />Municipal Tort Claims Act, Minn. Stat. Ch. 466, Minn. Stat. § 471.59, subd. la, and other applicable <br />laws govern liability of the parties. In the event of any claims or actions filed against either party, <br />nothing in this Agreement shall be construed to allow a claimant to obtain separate judgments or <br />separate liability caps from the individual parties. <br />7. Designated Representatives. <br />a. In order to coordinate the services of the City with the activities of the School so as to <br />accomplish the purposes of this Agreement, the City Engineer shall manage this Agreement on behalf <br />of the City and serve as liaison between the City and the Schools. <br />-4- <br />197666v1 <br />