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. . . RESOLUTION NO. 5034 P AGE THREE OF FOUR 7. Upon completion of the project the County shall own and maintain the storm sewer catch basins and leads which directly serve the paved portion of Old Highway 8 and the City shall own and maintain the storm sewer trunk lines and storm sewer laterals servicing property outside the paved portion of Old Highway 8. The County shall own and maintain the storm sewer pond and wetland located on County open space. 8. After the final plans are submitted to the City, any utilities or facilities modified or added to those provisions made in the plans and specifications may be incorporated in the construction contract by supplemental agreement and shall be paid for as specified in the supplemental agreement. Design engineering and construction engineering fees shall be negotiated. 9. The City shall reimburse the County for actual engineering costs incurred on its share of project design and administration as a preliminary engineering fee. The City share shall be identified in partial cost estimates prepared by the County up to the time of contract award. The total preliminary engineering cost borne by the City shall not exceed 10% of its share of construction costs as determined at the time of contract award. 10. The City shall reimburse the County for construction engineering costs for its share of construction costs as identified for each partial paymel)t estimate up to and including final payment. The total construction engineering fee borne by the City shall not exceed 12% of its share of the construction costs as determined by final contract amounts. 11. Throughout the project design and construction, the County shall prepare partial cost and payment estimates for the preliminary engineering fees, construction costs, and construction engineering fees and, at appropriate intervals, notify the City of the costs for the City's items of work. The City shall pay its share of engineering fees and construction costs within twenty-one calendar days of receipt of County invoice. . 12. All payments by the City shall be to the Treasurer of Ramsey County, Minnesota. 13. All monies paid by the City and not expended on the project will be returned within a reasonable time not to exceed two (2) years from deposit. 14. The City and the County agree to indemnify each other and hold each other harmless from any and all claims, causes of action, lawsuits, judgements, charges, demands, costs and expenses including, but not limited to, interest involved therein and attorneys' fees and costs and expenses connected therewith, arising out of or resulting from the failure of either party to satisfy the provisions of this agreement. 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.