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3 . All County Road J rights of way and temporary easements • <br /> acquired by the City in the County will be in the name of the County, <br /> and parking and other regulations will be controlled by the County. <br /> Any rights of way which cannot be negotiated will be acquired through <br /> eminent domain proceedings and thereafter assigned by the City to the <br /> County. <br /> 4 . The storm sewer system in the County as shown in the plans <br /> and specifications is eligible for 39 .28% reimbursement by the County <br /> State Aid Highway funds based on the Minnesota Department of <br /> Transportation Hydraulics Memorandum and this portion shall be paid <br /> by the County. <br /> 5 . The storm sewer system as shown in the plans and <br /> specifications is eligible for 7 .86% reimbursement by Municipal State <br /> Highway funds based on the Minnesota Department of Transportation <br /> Hydraulics Memorandum and this portion shall be paid to the County by <br /> the City. <br /> 6 . Upon completion of the project the County shall own and <br /> maintain the storm sewer catch basins and leads and the City shall <br /> own and maintain the storm sewer trunk lines, ponds, ditches and <br /> laterals within the City servicing property outside the road right of <br /> way. <br /> 7 . Any existing City utility modifications and or adjustments <br /> which are necessitated by the roadway construction, as shown in the . <br /> plans and specifications, shall be paid for by the County if eligible <br /> for reimbursement through its County State Aid Highway funds. <br /> 8 . The City shall pay to the County 100% of the cost of City <br /> utility extensions or improvements. <br /> 9 . The City shall pay 75% of the cost of concrete curb and <br /> gutters constructed in the County within the City except for medians <br /> or replacement of existing concrete curb and gutters . <br /> 1 . Any i. y impro - 1 - _ . . _ . . <br /> the plans and specifications may be incorporated in the construction <br /> contract by supplemental agreement approved by the City and shall be <br /> paid for as specified in the supplemental agreement. <br /> 11 . The City shall pay 10% of its share of the construction <br /> cost as determined by the contract as awarded, to the County as a <br /> preliminary engineering fee. This fee shall be due upon award of the <br /> construction contract. This fee is in addition to and not in lieu of <br /> the 8% fee identified in paragraph 12 of this agreement. <br /> 12 . The City shall pay 8% of its share of the construction <br /> cost, as determined by the final contract amounts , to the County as a <br /> construction engineering fee . This fee shall be due upon <br /> notification to the City of the final amounts of the contract. • <br /> 90022-3 <br />