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123087.2 <br />TO: Mayor and City Council <br />FROM: Mirk Bernhardson, City Administrato 1 <br />DATE: December 30, 1987 <br />SUBJECT: County Road 15 Aoreements <br />Attachment: A. Proposed Resolution Adopt <br />B. Original Agreement Language PW74-08-67 <br />ISSUE _ _ _- <br />1. Consideration of agreement between the City of Orono <br />and Hennepin County and possihle adopti i. <br />INTRODUCTION - At the Counci 1's December 14, 1987 meeting, the <br />Council, at staff'-- recommendation, deferred action on the <br />agreement with Hennepin County regarding County Road 15 pending <br />negotiations •)f cettain issues in the contract. The County has <br />considered t'iose and we have com^ to agreement as to terms that <br />are acceptaLle to ooth sides. <br />In addition NSP has (:-)ne preliminary work to give us gross cost <br />estimates as to what impact cost implications wou16 be for <br />,:ontinuation of decorative street lighting that Mound is putting <br />it and is being considered by Spring ;,ark through the- Orono <br />section of the project. Following are the issues presented by <br />the City to *he County regarding the agreement: <br />A. Damages. Concern was expressed by our Attorney <br />regarding the definitation as it is used 4n two <br />different cont �xts within the agreement. Orono has have <br />requested to redefine the term damages. <br />B. Pavment ;ch_edu_le. ^_'he original payment schedule <br />called for�93% o the money to be paid by the City to <br />the County within 60 days following award of the <br />contract. It is estimated that This would then take <br />place about the fist of March. Since the County will <br />not be expending the funds at that time, Orono proposed <br />an alternate schedule that would have a 10% downpayment <br />within 60 days, 80% spread out over five month iy <br />payments starting 1 May with a 10% rota:nage at the end <br />of the project. <br />C. City Acceptance of Sidewalks. -he City, which will <br />be taking over the sidewalks when the project is <br />completed, felt that we should not he required to take <br />them over until such time is we have acceptance thro4gh <br />o�.• ^ity Engineer as to the quality of the sidewalk. <br />D. Specia'. Assessments. The City desired that the two <br />pieces of (.'aunty property that front on County 15 have <br />nil <br />