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REIMBURSEMENT AGREEMENT <br /> THIS REIMBURSEMENT AGREEMENT (this "Agreement") is effective this <br /> day of June, 2021, by and between the City of New Brighton, a Minnesota municipal <br /> corporation (the "City") and Qwest Corporation d/b/a CenturyLink QC, a Colorado <br /> corporation ("Lumen"). <br /> RECITALS: <br /> A. The City was undertaking a pipe-bursting sewer improvement project that <br /> is located within the alley that is located west of Old Highway 8, between 5th and 10th <br /> Streets NW(the "City Project"). <br /> B. Upon investigation of the alley, the City found a large duct that contains <br /> fiber that is owned by Lumen(the "Lumen Facilities"). <br /> C. Instead of requiring Lumen to move the Lumen Facilities so that the City <br /> can construct the City Project, Lumen has agreed to pay for the City to structurally line <br /> the City's sewer main and services that exist below the Lumen Facilities (the "Work") <br /> D. The Work will allow the City Project to be constructed without excavation <br /> and it will allow the Lumen Facilities to remain in their current location. <br /> NOW THEREFORE, the parties agree as follows: <br /> 1. Reimbursement. Lumen agrees that it will reimburse the City for its costs <br /> incurred with respect to the Work, specifically as follows: <br /> a. All fees Bolton & Menk, the City's consultant, charges the City for <br /> performing all engineering, testing, and surveying for the Work. An <br /> estimate of the consultant fees is attached to this Agreement as Exhibit <br /> A. Lumen shall not be responsible for any costs that exceed 120% of <br /> the estimated total in Exhibit A. <br /> b. The actual costs the City pays to its contractor or contractors to <br /> structurally line the City's sewer main and services that exist below <br /> the Lumen Facilities. This portion of the Work is unknown at this <br /> time as it will need to be publicly bid. It is estimated to cost $392,649. <br /> In the event that all of the bids the City receives for this portion of the <br /> Work exceed 120% of the estimated cost in the preceding sentence, the <br /> City shall notify Lumen, and Lumen may terminate this agreement <br /> within 10 days of the receipt of that notice without any liability to pay <br /> the costs described in this subsection 1.b. <br /> NE136-24-718438.v3 <br />