04-093 - Laserfiche WebLink

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NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED AS FOLLOWS: 1. The City shall prepare the necessary plans, specifications and proposals. The cost of project revisions after completion of plans and specifications will be paid for by the party requesting the revisions or as defined by supplemental agreement. Revisions must be consistent with State Aid requirements and are subject to County approval. 2. All County rights of way and easements will be in the name of the County. 3. The County shall seek a permit from the State for the construction of a portion of the pond basin on State highway right-of-way. Construction of the pond basin is subject to the granting of such permit and on the receipt of State Aid approval. 4. The City has dedicated a drainage and utility easement over the southernmost one hundred twenty (120) feet of the Beisswenger Site for public use. 5. The City agrees to convey fee title to the southernmost thirty (30) feet of the Beisswenger Site to the County for highway purposes. 6. The City shall construct the pond according to the specifications set forth on Exhibit A ~ Site Plan. Costs incurred by the City for pond construction shall be allocated between the City and County as set forth in Exhibit B - Construction Cost Allocation. The cost allocation shown on Exhibit B reflects (a) the City's and County's respective contributing watershed areas, weighted to reflect an appropriate runoff coefficient for the type of development and/or permitted land use, of County 53.6%, City 46.4%, taken together with (b) a reduction in the County's cost share of $7,955.00, and an increase in the City's share in the same amount, reflecting piping and manhole savings to the City as a result of construction of a joint pond. The costs shown on Exhibit B are projected; to the extent that actual costs vary, they shall be shared according to the percentages above, subject to the same $7,955.00 adjustment. Notwithstanding the construction cost allocation set forth herein, the pond will be owned, operated, and maintained by the City. 7. Upon completion of pond construction, the City will provide for all operation and maintenance of the pond basin and all facilities a part thereof. The County may perfonn maintenance if it detennines that the pond basin is not being adequately maintained. Pond maintenance includes but is not limited to inspection, cleaning, repair, and replacement of drainage structures and pipes, maintenance of the turl and erosion control measures around the pond perimeter, and pond sediment removal as needed to perpetuate pond capacity and function as designed. Costs incurred by the City for pond operation and maintenance shall be allocated between the City and County commensurate with their respective contributing watershed areas, weighted to reflect an appropriate runoff coefficient for the type of development and/or permitted land use, as follows: County 53.6%, City 46.4%. In the event the County performs maintenance upon determination of inadequate maintenance on the part of the City, the costs incurred shall be allocated at the same percentages identified herein. PW 2004~07 -2-