2026.06.15 CC Packet - Laserfiche WebLink

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2 SECTION 2. TERM. This Agreement shall become effective upon execution by both Parties and shall remain in effect until terminated by mutual written agreement of the Parties, or as otherwise expressly provided herein. The provisions of this Agreement relating to payment obligations, maintenance responsibilities, and cost reconciliation shall survive completion of the Overlay Project and any termination of this Agreement to the extent applicable. SECTION 3. DESIGN AND CONSTRUCTION. A. Design. Lino Lakes shall be responsible for the design and construction of both the portion of the Overlay Project located within Hugo and the portion of the Overlay Project located within Lino Lakes. Therefore, the parties agree that: 1) Lino Lakes shall design the Overlay Project, administer the construction, and conduct inspections of the construction process. Hugo shall have the right to inspect, review, and comment upon construction of the Overlay Project. Hugo shall have the right to review and approve the final plans and specifications prior to Lino Lakes submitting the advertisement for bids, with such approval not being unreasonably withheld, delayed, or conditioned. 2) For purposes of performing its obligations under this Agreement, Hugo hereby grants to Lino Lakes the right to use the streets, public ways, and easements of Hugo for purposes of constructing the Extension Project and Overlay Project, including any excavations necessary to perform work incidental to the performance of this agreement. 3) Lino Lakes and Hugo agree to notify property owners in their own communities of the construction Overlay Project scope and schedule. 4) The project is planned to be constructed within existing public right of way. Stormwater management will be coordinated between Lino Lakes and Hugo during the design. Lino Lakes will obtain the Rice Creek Watershed District permit, if necessary. B. Cost Sharing. Hugo shall be responsible for fifty percent (50%) of the engineering costs and fifty percent (50%) of the construction costs of the Overlay Project. Estimated project costs and each Party’s respective share shall be set forth in Exhibit C, which may be updated to reflect actual bid prices and project phasing. Lino Lakes shall invoice Hugo for one hundred percent (100%) of Hugo’s share of design engineering costs upon completion of design engineering services. Hugo shall pay such invoice within thirty (30) days of receipt. With respect to construction engineering and construction costs, Hugo shall pay ninety percent (90%) of its estimated share, as updated based on awarded bid