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MnDOT Contract No.: 1060495 <br />-10- <br />Payable DCP and State Encumbering and Paying TH Portion <br />The County will be responsible for ownership and routine maintenance of the Cozzie South Wet Pond <br />and Sunfarm Infiltration Basin. Routine maintenance includes, but is not limited to, removing litter, <br />clearing ice, mowing and vegetation management, minor erosion repairs, fencing repairs, sediment and <br />debris removal from structural pollution control or pre-treatment devices, and utility relocates. The <br />City and the County will share in the cost of future non-routine maintenance at the rate shown herein. <br />Contributing areas for the City of Grant will be assigned to the County for the purpose of calculating <br />contributing areas. The City's non-routine maintenance cost share at the time the pond was designed is <br />39.5% for Cozzie South Wet Pond and Sunfarm Infiltration Basin. The County's non-routine <br />maintenance cost share, which includes City of Grant contributing areas, at the time the pond was <br />designed is 60.5% for Cozzie South Wet Pond and Sunfarm Infiltration Basin. Non-routine maintenance <br />includes, but is not limited to, removal of sediment, repair of major erosion problems, major structure <br />and entrance pipe repair, and any other non-routine maintenance activities necessary to preserve the <br />facilities and to prevent conditions such as flooding, erosion, sedimentation, or accelerated <br />deterioration of the facilities. The State, the City, and the County may recalculate the contributing <br />drainage area flows at the time the non-routine maintenance occurs. Contributing areas for the City of <br />Grant will be assigned to the County for the purpose of calculating contributing areas. <br /> <br />The State's contributing water volume entering into the ponds at the time the ponds were designed is <br />56% for Cozzie South Wet Pond and Sunfarm Infiltration Basin. The City's contributing water volume <br />entering into the ponds at the time the ponds were designed is 13% for Cozzie South Wet Pond and <br />Sunfarm Infiltration Basin. The County's contributing water volume entering into the ponds at the time <br />the ponds were designed is 31% for Cozzie South Wet Pond and Sunfarm Infiltration Basin. <br /> <br />The City and the County will share in all responsibilities, obligations, and liabilities arising out of or by <br />reason of the drainage collecting into and being discharged from the pond. The City and the County will <br />share such responsibilities, obligations, and liabilities at a rate based on the non-routine maintenance <br />cost share as referenced in the previous paragraph; however, contributing water volume ratios may <br />change based on development and alteration of land use in the vicinity. <br />8. Keats Avenue Access Modification <br />8.1. Monitoring of Safety and Operation. The State and City agree to maintain right-turn-only access from <br />eastbound TH 36 onto southbound Keats Avenue, with performance-measure monitoring to justify the <br />necessity of any future closure. The State, City, and County (as appropriate) agree to collaboratively <br />monitor eastbound TH 36 at Keats Avenue for: <br />i. occurrences where turn-lane or exit-lane volumes exceed capacity, <br />ii. crash statistics at TH 36 and Keats Avenue, <br />iii. incidents of wrong-way driving from Keats Avenue onto TH 36, and <br />iv. queueing on TH 36. <br />Records related to Keats Avenue access modifications will be reviewed by the parties to assess severity <br />and evaluate potential solutions. Each incident will be evaluated to determine whether it reflects a <br />recurring safety concern or an isolated, unusual event. The State’s determination regarding the safety and <br />operation of the Keats Avenue access modification will be final, binding, and conclusive. <br />8.2. Costs. The State, in its sole discretion, reserves the right to close the eastbound TH 36 right turn lane to <br />Keats Avenue. The future cost to remove the TH 36 right turn lane to Keats Avenue will be the <br />responsibility of the City. Standalone lighting costs at Keats Avenue will be the responsibility of the City. <br />Corridor lighting on TH 36 will be the responsibility of the State.