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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 7.861 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 />10. Any City improvements to those provisions presently made in <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 88 fee identified in paragraph 12 of this agreement. <br />12. The City shall pay 88 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 />