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MnDOT Contract No: 07080 STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION And CITY OF NEW BRIGHTON And CITY OF ARDEN HILLS COOPERATIVE CONSTRUCTION AGREEMENT State Project Number (S.P.): Trunk Highway Number (T.H.): State Project Number (S.P.): State Aid Project (S.A.P.): State Aid Project (S.A.P.): Federal Project Number: 6284-171 35W=063 6284-62890 147-121-005 187-108-001 NHPP I35W(003) City of New Brighton Total Obligation $69,000.00 City of Arden Hills Total Obligation $69,000.00 This Agreement is between the State of Minnesota, acting through its Commissioner of Transportation ("State") and the City of New Brighton acting through its City Council ("New Brighton") and the City of Arden Hills acting through its City Council ("Arden Hills"). Recitals 1. The State will perform grading and bituminous surfacing, ADA improvement, signing, Bridge No. 62890 construction and other associated construction upon, along and adjacent to Trunk Highway No. 35W located on County Road F from 740 feet west of northbound 35W to 636 feet east of northbound 35W in the Cities of New Brighton and Arden Hills according to State -prepared plans, specifications and special provisions designated by the State as State Project No. 6284-171 (T.H. 35W=063)("Project"); and 2. New Brighton and Arden Hills (the "Parties") have requested that the State widen Bridge No. 62890 to accommodate a trail and have requested that the State include aesthetic elements on the bridge. 3. The Cities of New Brighton and Arden Hills are willing to participate in the costs of said construction as lump sum amounts; and 4. Minnesota Statutes § 161.20, subdivision 2 authorizes the Commissioner of Transportation to make arrangements with and cooperate with any governmental authority for the purposes of constructing, maintaining and improving the trunk highway system. Agreement 1. Term of Agreement; Survival of Terms; Plans; Incorporation of Exhibits I.I. Effective date. This Agreement will be effective on the date the State obtains all signatures required by Minnesota Statutes § 16C.05, subdivision 2. 1.2. Expiration date. This Agreement will expire when all obligations have been satisfactorily fulfilled. 1.3. Survival of terms. All clauses which impose obligations continuing in their nature and which must survive in order to give effect to their meaning will survive the expiration or termination of this Agreement, including, without limitation, the following clauses: 3. Maintenance by the City of New Brighton 5. Maintenance by the City of Arden Hills; 9. Liability; Worker Compensation Claims; 11. State Audits; 12. Government Data Practices; 13. Governing Law; Jurisdiction; Venue; and 15. Force Majeure. -1- Receivable Lump Sum (Municipal Agreements)