07-26-2000 Council Agenda - Laserfiche WebLink

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o7 /10io0 WED 15:11 FAX 6514825292_ RAMSEY CO PUBLIC WORKS -.-.. LITTLE CANADA tfC 002 payment. The total construction engineering cost borne by the County shall not exceed 12% of' its share of the construction costs as determined by final contract amounts. 9. Throughout the project design and construction, the City shall prepare partial cost and payment estimates for the preliminary engineering fees, construction costs, and construction engineering fees and, at appropriate intervals, notify the County of the costs for the County's item of work. The County shall pay its share of engineering fees and construction costs within twenty-one calendar days of receipt of City invoice. v. rill lrayutouw Ly .6. C......1y J.11 L l Ida Oily siLiello Cnnndn 11. All monies paid by the County and not expended on the project will be returned within a reasonable time not to exceed two (2) years from deposit. 12. The City and the County agree to indemnify each other and hold each other harmless from any and all claims, causes of action, lawsuits, judgments, charges, demands, costs and expenses including, but not limited to, interest involved therein and attorney's fees and costs and expenses connected therewith, arising out of actions of the other party. Nothing in these provisions shall operate or be construed as a waiver of either party's statutory or common law immunities or limitations on liability. 13. Upon completion of the project the County shall re- convey its interest in Lots 20 and 21, Block 5, Round Lake, Ramsey County, Minnesota located on the project in accordance with State law, 14. Upon completion of the Project, the County will revoke the County Highway designation of the road pursuant to Minnesota Statute Section § 163.11. 15. The City shall prepare a right of way plan and secure Office of State Aid approval. Subject to the provisions of item 16, the City shall acquire the rights to a 66 feet wide right of way necessary for the proposed improvements. The County will reimburse the City for all costs incurred relative to this acquisition, not to exceed $100,000.00. 16. The County will indemnify the City for all costs to establish the prescriptive rights to the roadway right of way per Minnesota Statutes, section 160.05. The County may, at its option, establish such rights with its County Attorney staff, or outside counsel, or may tender to the City the obligation to do so. In the event of such tender, the County shall reimburse the City for all costs it incurs, including reasonable attorney's fees, to establish such rights to the above set forth limit. The County shall not be liable for costs incurred to establish rights other than those identified in this paragraph. The County's liability shall expire six years from the date the road opens for travel after completion of the roadway construction. Thereafter, the County shall have no liability for establishment of any roadway rights. Page 52