CC RES 95-065 RESOLUTION APPROVING A JOINT POWERS AGREEMENT BETWEEN THE CITY OF ST. ANTHONY AND THE CITY OF COLUMBIA HEIGHTS AND AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE SAID AGREEMENT

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• Joint Powers Agreement ` Columbia Heights/St. Anthony Page 4 X. It is further agreed that any and all employees of either party of this Agreement and all other persons engaged by that party in the performance of any work or services required or provided herein to be performed by that party shall not be considered employees of the other party, and that any and all claims that may or might arise under Workers' Compensation Act or the Unemployment Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said employees while so engaged on any of the work or services provided to be rendered herein shall in no way be the obligation or responsibility of the other party. XI. In the event that the parties to this Agreement are unable to obtain Municipal State Aid Funding • to cover all eligible costs associated with the construction of the project, this project may be abandoned and this Agreement may be nullified by 14 day's written notice by either party to the other. No expenditure shall be authorized nor shall the project begin until such time that Municipal State Aid funding is obtained or authorized. Notwithstanding any provisions of this Agreement in the event that sufficient Municipal State Aid Funding is not obtained, any expenses incurred or authorized by either party shall be the sole responsibility of the party authorizing the same. XII. Each party agrees to grant to the other party and its employees or agents the right to the use of any and all public easements for the purpose to enter, construct, and/or maintain the project. XIII. If one or more of the provisions contained in this Agreement shall, for any reason be held to be invalid, illegal or unenforceable, such invalidity or illegality shall not affect any other provisions of this Agreement; this Agreement shall be constructed as if such invalid, illegal or unenforceable provision had never been contained herein. XIV. • This Agreement constitutes the entire integrated Agreement between the parties hereto, and cancels and supersedes all prior negotiations, either written or oral, with respect to the subject matter hereof.