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• Mn /DOT Agreement No 90502 -P WHEREAS, pursuant to Minnesota Statutes Section 471.59, subdivision 1, two governmental units may enter into an agreement to cooperatively exercise any power common to the contracting parties, and one of the participating governmental units may exercise one of its powers on behalf of the other governmental unit. IT IS, THEREFORE, MUTUALLY AGREED AS FOLLOWS: ARTICLE I — TERM OF AGREEMENT This agreement will be effective upon execution and approval by the appropriate City and State officials pursuant to Minnesota law and shall remain in effect until the completion of the City let Construction Project, but no later than December 31, 2011. The City let construction project is scheduled to begin in May 2007 and be completed by December 31, 2010. ARTICLE II — STATE'S ROLE; CITY ASSUMES ENVIRONMENTAL LIABILITY fOIn performing its obligations under this contract, the State is acting only as a contractor to the City, on a fee - for - service basis, performing services requested by and prescribed by the City. The City acknowledges that the State is acting as its "Contractor" as defined in Minnesota Statutes §115B.03 (subd. 10), and as such is entitled to all applicable protections from liability for environmental conditions afforded by the Minnesota Environmental Response and Liability Act (Minnesota Statutes chapter 115B). Nothing in this Agreement, or in the course of performing the work hereunder, will be construed to cause the State to be an owner, operator, transporter, or other "Responsible Person" (or the employee or agent of any "Responsible Person "), with respect to any applicable state or federal law regarding liability for pollution. The City acknowledges that the State is not acting as its employee, agent, servant, partner, joint venturer, or co- principal with respect to the construction of the project, or the ownership or operation of any contaminated properties. If a court or other governmental agency or body lawfully determines that the State, by reason of performing its duties under this contract, is a "Responsible Person" under an applicable environmental liability law, then the City will indemnify the State against, and hold the State harmless from, any costs, expenses, fines, assessments, or damages imposed as a result of such determination. The City will also indemnify the State for reasonable attorney's fees incurred by the State in defending such actions, except for grossly negligent or intentional acts of the State which .cause the release or threatened release of a hazardous substance or substances. 2 of 6