Agenda - Council - 06/09/2015 - Laserfiche WebLink

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b. For purposes of performing its obligations under this Agreement, Ramsey hereby grants to Elk River the right to use the streets, public ways, and easements of Ramsey for the purposes of constructing the Project, including any excavations necessary to perform work incidental to the performance of this Agreement. Ramsey agrees to cooperate to the fullest extent in the protection of any excavations or barricades that may be necessary for the work being performed by the contractor on the Project. c. Elk River agrees to assist Ramsey in the notification and coordination with all businesses and residents located along Jarvis Street. Elk River will provide access to the project Facebook page and contact numbers for key members of the construction team on the Project. d. Each of the Parties will acquire the necessary right of way and easements, if any, to permit construction of the Project. Division of Cost. The Parties agree to share equally in the final costs of the Project. Elk River agrees to pay all partial and final construction costs for the Project. Ramsey agrees to repay its share of the Project costs to Elk River in equal annual installments over a period of three years with the first installment due May 15, 2016, and subsequent installments due May 15, 2017 and May 15, 2018. No interest rate shall be applied to Ramsey's share of the Project costs. 4. Approval. Before this Agreement shall become binding and effective it shall be approved by corresponding resolutions of the City Councils of Elk River and Ramsey. The resolutions shall be attached as Exhibits B and C. Liabili . Both cities mutually agree to indemnify and hold harmless each other from any claims, losses, costs, expenses, or damages, including reasonable attorney's fees, resulting from the acts or omissions of the respective officers, agents or employees of the indemnifying party, to the extent such acts or omissions relate to activities conducted by the indemnifying party under this Agreement. 6. Miscellaneous. It is understood and agreed that the entire agreement of the Parties is contained herein and that this Agreement supersedes all oral agreements and all negotiations between the parties relating to the subject matter of this Agreement. Any alterations, variations or modifications of the provisions of this Agreement shall be valid only when they have been reduced to writing and duly signed by the parties. 7. Street Maintenance. Maintenance shall be shared under separate agreement. 8. Termination. Neither Party shall be allowed to terminate this Agreement without prior written approval from the other Party. The terminating Party agrees to pay