Resolution 2012-16 Authorizing City Administrator and Mayor to Enter into Contract with MnDOT for Reimbursement of Landscape Materials to be Utilized Along Hwy 5

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State Project Number (SP): Trunk Highway Number (TH) Mn/DOT Contract No: 01029 STATEAAAA And CITY OF LAKE O COOPERATIVE E LANDSCIAd ING AGREEMENT 8214-969G Original Amount Encumbered 5 [$18,200.00] This Agreement is between the State of Minnesota, acting through its Commissioner of Transportation ("State") and City of Lake Elmo acting through its City Council ("City"), Recitals 1, The City will perform landscaping along Trunk Highway No. 5 from 400' west of Laveme Ave. N. to 500' east of Lisbon Ave. N within the City Iimits according to plans, specifications and special provisions designated as the "Lake Elmo Landscaping Plan" and as State Project No. 8214-969G (T.K 5); and 2. The City requests the State participate in the acquisition costs of the landscape materials and the State is willing to participate in the acquisition costs of said landscaping materials according to the State's "Community Roadside Landscaping Partnership Program"; and I Minnesota Statutes § 161.20, subdivision 2 authorizes the Commissioner of Transportation to make arrangements with and cooperate with any governmental authority for the purposes of constructing, maintammg' and improving the trunk highway system. Agreement 1. Term of Agreement; Survival of Terms; Plans; Incorporation of Exhibits 1.1. Effective date. This Agreement will. be effective the date the State obtains all signatures required by Minnesota Statutes § 16C.05, subdivision 2. 1.2. Expiration date. This Agreement will expire when all obligations have been satisfactorily fulfilled according to the Community Roadside Landscaping Partnership Program Project Application; on file in the State's Office of Environmental Stewardship and incorporated into this Agreement by reference. 1.3. Survival of terms. All clauses which impose obligations continuing in their nature and which must survive in order to give effect to their meaning will survive the expiration or termination of this Agreement; including, without limitation, the following clauses: 2.2. Right -of -Way; Easements and Permits; 2.3. Maintenance; 6. Liability and Worker Compensation Claims. S. State Audits; 9. Government Data Practices; 10. Governing La"r, Jurisdiction; Venue; and 12. Force Majeure, 1.4. Plans, ,Specifications, Special Provisions. Plans; specifications and special provisions designated as the "Lake Elmo Landscaping Plan" and as State Project No. 8214-969G (T.H. 5) are on file in the office of the City and the State's office of Environmental Stewardship and are incorporated into this Agreement by reference. ("Landscape Plans") 1.5. Exhibits. Exhibit A is attached and incorporated into this Agreement. 2. Agreement between the Parties 2.1. Acquisition and lnctallation of Landscape Materials A. Acquisition and Installation. The City will acquire landscape materials and perforin landscaping according to the Landscape Plans. -1-