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Contract No. 0010031 <br />FIRST AMENDMENT TO <br />JOINT POWERS AGREEMENT FOR <br />CONSTRUCTION OF A TRANSIT HUB <br />The parties agree that the agreement they entered into August 29, 2000, relating to construction of the <br />Interim Rice Street and Little Canada Transit Hub, is amended in the following particulars: <br />L Article VII, TERM, is amended to read: <br />VII. TERM <br />This agreement shall be in force and effect as of the date of execution by both parties. The City will <br />complete the Project no later than September 7, 200L The term of this agreement and of all easements, <br />access rights, rights of entry, and permits granted pursuant to this agreement shall remain in effect as <br />provided in paragraph 5.02, unless otherwise agreed by the parties. At such time that the Transit Hub is <br />no longer in regional transit use, the Council agrees to notify the City, remove the passenger waiting <br />shelters, and perform such work as to leave the site in a condition reasonably satisfactory to the City. <br />This work shall be performed within sixty (60) days of Council notice to the City that the Council has <br />ceased regional transit use of the Transit Hub. <br />Notwithstanding the foregoing, if at any time after August 15, 2003, the City approves a development <br />of the area on the north side of Little Canada, which development would include the street right of way <br />along First Bank Drive between Middle Street and Market Place Drive where the Interim Rice Street and <br />Little Canada Transit Hub (herein "facility ") is located, then the Council and City agree to relocate the <br />facility on other street right of way within the area. The exact location shall be mutually agreeable to <br />both parties. The City shall give six (6) months written notice to the Council prior to the relocation of <br />the facility. The Council would pay the costs of the relocation of the shelters. The City would pay the <br />costs of the relocation of streetlights, planters, and any related road improvements. <br />2. The parties agree that this amendment is effective as of December 30, 2000, <br />Except as amended hereby, the provisions of the above - referenced agreement shall remain in force and effect <br />without change. <br />IN WITNESS WHEREOF, the parties have caused this amendment to be executed by their duly- authorized <br />representatives. <br />CITY OF LITTLE CANADA <br />ATTEST: By <br />Mayor <br />City Administrator Date <br />Approved as to form: <br />Office of General Counsel <br />METROPOLITAN COUNCIL <br />By <br />Regional Administrator <br />Page 75 <br />