11-14-2005 Council Packet - Laserfiche WebLink

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Mn/DOT Agreement No. 85230 ' WHEREAS, State is about to perform construction of Kenobi Pond as part of the new Trunk Highway 12 Wlfft alignment construction within and acQoining the corporate City limits, in accordance with State prepared ' plans, specifications, and special provisions, for which the project has been designated State Project No. 2713-75; and WHEREAS, State and City are empowered to enter into agreements pursuant to Minnesota Statutes Section 471.59; arKl WHEREAS, puisuant to Minnesota Statutes, Section161.38, the parties desire to enter into an agreement relating to the maintenance of Kenobi Pond within and adjoining the corporate City limits upon the terms and conditions set forth in this Agreement; and NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS I. DUTIES OF CITY A. Upon State's completion of the new Trunk Highway 12 alignment construction to be performed under the construction contract, the City wilt provide for all maintenance and proper operation of Kenobi Pond, that is bordered on its south side by the trunk highway right-of-way line, as shown in Exhibit A, which is attached and irKorporated into this agreement at no cost or expense to the State. B. Maintain and operate pond and associated drainage structures to perpetuate function as designed. Maintenance wil include but is not limited to inspection, cleaning, repair, and replacement of drainage structures, mainlenance of erosion control measures, and pond sediment removal. C. Perform all necessary maintenance of vegetation and larKlscaping within State's permanent drainage ea jement (P.D.E.) area around Kenobi Pond. Maintenance will include but is not limited to necessary and regular mowing, tree, shrub, and flower maintenance, noxious weed control, and litter or debris collection and disposal. O. Ad.minister, issue, regulate, and inspect permits to maintain existing utilities located within the P D.E. area. E. The City will furnish all labor, equipment, materials, supplies, tools, and other items necessary for the maintenance activities provided by the City under this Agreement. F. The City will hold State harmless from any liability claims due to City's maintenance, or failure to maintain Kenobi pond and the area around the pond described in Section I, Paragraph A. II. DUTIES OF STATE State will retain its authority to administer, issue, and regulate access permits, sign advertising permits drainage permits, and permits to install new utilities within the P.D.E area. III. CONSIDERATION City agrees to perform the duties herein in consideration of State's construction of Kenobi Pond for city drainage system use. IV TERM OF AGREEMENT This Agreement will be in effect until suoefseded oy another agreement between State anc Ct;y am