05-05-26 City Council Meeting Packet

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MnDOT Contract No.: 1062311 -2- Turnback – may or may not involve trunk highway funds – frontage road 3.Notice of Release; Conveyance Documents 3.1. Notice of Release. MnDOT will deliver to the Political Subdivision a "Notice of Release" citing the effective date of release ("Effective Date"). Upon the Effective Date, the Roadway Segment is released from MnDOT's jurisdiction, and the Political Subdivision is the Road Authority with jurisdiction over the Roadway Segment and will assume all responsibility for the operation, maintenance, and reconstruction of the Roadway Segment and of all structures and facilities that are a part of the Roadway Segment. 3.2. Conveyance Documents. Subsequent to issuing the Notice of Release, MnDOT will prepare and execute necessary and appropriate documents conveying MnDOT's interest, if any, in the Roadway Segment to the Political Subdivision. 4.Delivery of Records Following delivery of the Notice of Release, and if requested by the Political Subdivision, MnDOT will provide the Political Subdivision with available records concerning the Roadway Segment. Such records must be in MnDOT's possession, and may include the following: (a)A list of active maintenance agreements, including signal and routine maintenance agreements with other governmental agencies that will be canceled, and a list of agreements with utility companies that will be canceled; (b)Records concerning utility permits, drainage permits, driveway, and other access permits, advertising and sign permits, and other limited-use permits; (c)Construction plans and records, as-built construction plans (if available); (d)Bridge inspection reports and ratings; (e)Aerial photos and other photo and video files, in either hard copy or digital form; (f)Right-of-way maps, easement sketches and descriptions (if applicable) and parcel files; (g)Inventory Data; (h)Pavement condition ratings; (i)Traffic signal files including timing sequence information and repair history; (j)Crash reports and statistics; (k)Most current traffic counts; (l)Alignment ties, horizontal and vertical control monuments, and related data; (m)Partially or fully completed plans for construction projects; (n)Road opening and right-of-way documentation. 5.Responsibility for Claims MnDOT will remain responsible, to the extent authorized by Minnesota Statutes §3.736 and other applicable law, for claims related to construction, maintenance, and operation of the Roadway Segment during the period when it was a state trunk highway to the extent the claims are a result of MnDOT's acts and omissions, even if such claims are filed after the Political Subdivision receives the Notice of Release. The Political Subdivision will be responsible for claims arising out of its own construction, maintenance, or operation of the Roadway Segment after it received the Notice of Release. 6.Release of Claims; Covenant not to Sue By accepting the roadway, the Political Subdivision releases MnDOT from any and all claims related to the condition of the Roadway Segment, regardless of whether such claims result from surface or sub-surface