12-09-1996 Council Packet - Laserfiche WebLink

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Agreement No. PW 52-08-96 CSAH 15; C.P. 9222 The City agrees to grant right of way to the County over those lands owned by the City that are a part of the required right of way for said Project. Said right of way shall be granted at no cost to the County. The County or its agents will acquire all additional right of way, permits and/or easements required for the construction of said Project. The final cost of all additional right of way, permits and/or easements required for the construction of said Project plus all costs incurred by the County in acquiring said right of way, permits and/or easements shall be apportioned fifty (50) percent to the County and fifty (50) percent to the City. The right of way costs incurred as described herein shall include all acquisition costs including, but not limited to, any and all damages occurring to any person or persons, including private utilities, in relocating or removing or adjusting main conduits or other structures located in or upon the land taken and within the present right of way; or damage in procuring such right of way, whether such damage is caused by the County or the City in the performance of such contract with respect to the improvement of CSAH No. 15 as shown on the plans for said Project. Damages, as used in this section, pertains to acquisition costs allowed by Minnesota Statute Chapter 117 and does not abrogate the meaning of the language set forth in Section XIV of this Agreement. The County will periodically, as parcels are acquired, prepare and submit to the City itemized invoices showing right of way and acquisition costs incurred by the County. The City’s share of said costs shall become due and payable within forty five (45) days after receipt of said invoice. The estimated right of way expenses described herein are indicated in said Exhibit "A" attached hereto. The construction of 1.84 acres of wetland mitigation will be required to replace the 1.224 acres of Department of Natural Resources (DNR) wetlands impacted during the construction of this Project. The City shall provide fifty (50) percent of the right of way costs associated with said wetland mitigation. - 3 -