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NOW. THEREFORE, IT IS HEREBY MUTUALLY AGREED AS FOLLOWS : <br /> 1 . Prior to County concurrence to Mn/DOT to award a contract, <br /> the County shall first receive concurrence from the City for award of <br /> the contract. <br /> 2 . Upon award of a construction contract by Mn/DOT the County <br /> shall perform the construction inspection. <br /> 3 . The County shall acquire and pay for all rights of way and <br /> easements required for the construction of the road project within the <br /> grading limits of the plan. Any rights of way which cannot be <br /> negotiated will be acquired through eminent domain proceedings . <br /> 4 . All City owned rights of way and easements within the limits <br /> of the project for roads , utilities and stormwater are hereby granted <br /> to the County for project use during construction. <br /> 5 . The City shall acquire rights for tree plantings outside the <br /> right of ways and easements acquired by the County. <br /> 6 . The County will not perform construction without written <br /> permission of the property owner . <br /> 7 . All Silver Lake Road rights of way and temporary easements <br /> will be in the name of the County, and parking and other regulations <br /> will be controlled by the County. <br /> • 8 . Storm sewer construction cost attributable to the road right <br /> of way and facilities needed for the road drainage are estimated to be <br /> eligible for reimbursement from the Federal and County State Aid funds . <br /> The County shall pay for that portion of the storm sewer cost as <br /> determined by the Mn/DOT hydraulics memorandum. <br /> 9 . The City shall pay for the construction cost of the portion <br /> of the storm sewer system attributable to contributing area from the <br /> City outside the road right of way and not eligible for reimbursement <br /> from Federal or County State Aid Highway funds . <br /> 10 . Upon completion of the project, the County shall own and <br /> maintain the storm sewer catch basins and leads on its County roads and <br /> the City shall own and maintain the storm sewer trunk lines within the <br /> City. Laterals and drains servicing property within the City outside <br /> the road right of way shall also be owned and maintained by the City, <br /> except those on Salvation Army property. The reconstructed 66 inch <br /> storm sewer outlet to Silver Lake shall be owned and maintained by the <br /> City. <br /> 11 . Storm water ponds and wetlands constructed under this project <br /> on Salvation Army property will be maintained by the County under <br /> separate agreement with the Salvation Army. <br /> 12 . The City shall pay to the County 75% of the cost of concrete <br /> • curb and gutters constructed within the City except for replacement of <br /> 94015-3 <br />