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<br />Mn/DOT Agreement No. 88036 <br /> <br />STATE OF MINNESOTA AGENCY AGREEMENT <br />BETWEEN <br />DEPARTMENT OF TRANSPORTATION <br />AND <br />CITY OF ELK RIVER <br /> <br />FOR FEDERAL PARTICIPATION IN RIGHT OF WAY <br />FOR <br />S.P. 204-133-02 and 71-613-08; M.P. HPP MN51(001) <br /> <br />This agreement is entered into by and between City of Elk River ("City") and the State of <br />Minnesota acting through its Commissioner of Transportation ("Mn/DOT"), <br /> <br />Pursuant to Minnesota Statutes Section 161.36, the City desires Mn/DOT to act as the <br />City's agent to accept and disburse federal funds for the construction, improvement, or <br />enhancement of transportation financed in whole or in part by federal funds, hereinafter referred <br />to as the "Project"; and <br /> <br />The City has a federal aid project to purchase right of way for the Tyler Street(MSAS <br />133)from 171 st Avenue NW(MSAS 132) to CSAH 12, hereinafter referred to as the "Right-of- <br />way Acquisition"; and <br /> <br />The Right-of-way Acquisition is eligible for the expenditure of federal aid funds, and is <br />identified in Mn/DOT records as State Project 204-133-02 and 71-613-08, and in Federal <br />Highway Administration ("FHW A") records as Minnesota Project HPP MN51(001); and <br /> <br />Agreement no. 79058 was written to provide the federal funds for Right-of-way <br />Acquisition, however the agreement expired prior to a bill being submitted. In the meantime, the <br />funds for right-of-way were transferred back and forth to the construction funds. Construction <br />costs were less than anticipated thus there is a desire on the part of the city to use the remaining <br />federal funds to cover eligible right-of -way acquisition costs for the project; and <br /> <br />Mn/DOT reqUIres that the terms and conditions of this agency be set forth In an <br />agreement. <br /> <br />THE PARTIES AGREE AS FOLLOWS: <br /> <br />1. DUTIES OF THE CITY. <br /> <br />A. DESIGNATION. The City designates Mn/DOT to act as its agent to accept and <br />disburse federal funds made available for the Project. <br /> <br />Agreement no. 88036 <br /> <br />-1- <br />