3.10.C. SR 05-02-2011 - Laserfiche WebLink

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CR 77 TURNBACK AGREEMENT BETWEEN SHERBURNE COUNTY AND CITY OF ELK RIVER WHEREAS; County Road (CR) 77 between CSAH 1 and CSAH 33 (hereafter "CR 77") is located in the City of Elk River (hereafter "City") and is presently under the jurisdiction of Sherburne County as a County Road. WHEREAS; CR 77 has been determined to serve as a local road and is in the Sherburne County Long-Range Transportation Plan as a turnback. WHEREAS; the legal description of CR 77 is provided on attached EXHIBIT A and depicted on attached EXHIBIT B. WHEREAS; CR 77 fits the City's transportation needs. THEREFORE, the parties agree to the following: 1. Sherburne County agrees to replace the existing pavement of CR 77 from CSAH 1 to CSAH 33 by milling the full depth of 3.5" of bituminous and paving 3.5" of pavement a minimum width of 32'and adding a right turn lane at Highland Road 2. Upon revocation of CR 77 as a county road by the County Board pursuant to Minn. Stat. § 163.11, subds. 5 and Sa, the City shall accept CR 77, as legally described on Exhibit A and depicted on Exhibit B, as a City Street and will maintain it as Proctor Road as currently signed. This includes the CR 77 road surface, shoulders, ditches and all drainage structures from CSAH 1 to CSAH 33. On or before the turnback date, Sherburne County shall pay the City 2 years of maintenance dollars in lieu of the county maintaining CR 77 for 2 years as required in Minnesota Statutes 163.11, subd.5b, in the amount of $15,200 3. Each Party shall be liable for its own acts and the acts of its representatives to the extent provided by law and hereby agrees to indemnify, hold harmless, and defend each other, its officers, employees and volunteers against any and all liability, loss, costs, damages, expenses, claims or actions, including attorney's fees which the other, its officers, employees and volunteers may hereinafter sustain, incur or be required to pay, arising out of or by reason of any act or omission of the Party, its agents, servants, employees or volunteers, in the execution, performance, or failure to adequately perform its obligation pursuant to this Agreement. This paragraph does not diminish, with respect to any third party, any defense, immunity or liability limit that the County or the City may enjoy under law.