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<br />3 <br /> <br />prices, no later than May 30 of the year in which construction is anticipated to <br />occur. The remaining ten percent (10%) of Hugo’s share shall be reconciled and <br />paid based on actual costs incurred upon final completion of the Overlay Project, <br />as provided herein. Final project costs shall be determined upon completion of the <br />Overlay Project, and any necessary adjustments to Hugo’s estimated share shall <br />be made through a credit or additional payment as part of the final cost <br />reconciliation. <br /> <br />C. Termination Prior to Award of Contract. Each city has the right to terminate this <br />Agreement prior to award of a construction contract within 15 days after the <br />opening of bids for the construction contract. The terminating party is responsible <br />for all design costs incurred up to the date of termination. <br /> <br />D. City Council Approval. Before this Agreement shall become binding and <br />effective, it shall be approved by appropriate resolutions of the City Councils of <br />Hugo and Lino Lakes, which resolutions shall be attached hereto as Exhibits D <br />and E, respectively. <br /> <br />E. Change Orders. Any change order that affects the scope or cost of the Overlay <br />Project within the project area subject to this Agreement shall require the prior <br />written approval of both Lino Lakes and Hugo. Approved change orders shall be <br />incorporated into the Project and the costs associated therewith shall be shared <br />equally by the Parties, with Hugo responsible for fifty percent (50%) and Lino <br />Lakes responsible for fifty percent (50%) of such costs. <br /> <br />SECTION 4. STREET MAINTENANCE AND IMPROVEMENTS <br /> <br />A. Routine Maintenance. After each City’s written acceptance of the Overlay <br />Project’s Roadway Improvements, Lino Lakes shall, at its sole cost and expense, <br />perform routine, day-to-day maintenance of the Roadway Improvements <br />(“Routine Maintenance”) as Hugo is currently providing this maintenance to the <br />north shared section between 170th Street and 180th Street, the section from <br />Heritage Parkway south to CSAH 8/CSAH 14, as well as the south shared section <br />of Elmcrest/24th Avenue between Fable Hill Parkway and 65th Street N. Routine <br />Maintenance includes, but is not limited to: snow plowing, street sweeping, minor <br />patching, signage, striping, crack filling, and other customary municipal roadway <br />maintenance activities. Routine Maintenance shall be performed in a manner <br />consistent with Lino Lakes customary municipal practices and standards for <br />similar roadway facilities. Nothing herein shall be construed to require <br />maintenance at a level exceeding Lino Lakes standard practices. Hugo shall <br />continue to be responsible for annual bridge inspections over Hardwood Creek <br />and Judicial Ditch 2. <br /> <br />B. Overlay and Capital Improvements. Lino Lakes and Hugo acknowledge that <br />certain work exceeds Routine Maintenance and constitutes capital maintenance or <br />improvement work, including without limitation mill and overlay, reclamation, or