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COST PARTICIPATION AGREEMENT <br />BETWEEN SHERBURNE COUNTY AND CITY OF ELK RIVER <br />CSAH 33 FUTURE TRAIL DESIGN <br />THIS AGREEMENT is made and entered into this day of , 2022, (the <br />"Effective Date") by and between the County of Sherburne, a political subdivision of the State of <br />Minnesota, 13880 Business Center Drive NW, Elk River, Minnesota 55330, (the "County"), and <br />the City of Elk River, 13065 Orono Parkway, Elk River, MN 55330 (the "City"). <br />WHEREAS, the County is in the process of designing certain improvements to CSAH 33 <br />within the City; and <br />WHEREAS, the City desires to construct certain improvements to accommodate a future <br />trail along CSAH 33 within the County's CSAH 33 project area (the "Trail Project"); and <br />WHEREAS, the County and the City agree that it will be cost effective to modify the <br />County's current plans and specification for the CSAH 33 project to accommodate the future <br />Trail Project, and <br />WHEREAS, the City has agreed to be responsible for the additional costs relating to <br />amending the design for CSAH 33 to accommodate the future Trail Project; and <br />WHEREAS, Minn. Stat. § 471.59 authorizes the County and the City to enter into an <br />agreement for the joint exercise of powers and the sharing of resources. <br />NOW, THEREFORE, in consideration of the premises and covenants contained herein <br />and subject to the provisions of Minn. Stat. § 471.59, the parties agree as follows: <br />Purpose. The parties enter into this Agreement for the purpose of redesigning the <br />County's CSAH 33 project to accommodate the City's future Trail Project. <br />2. Term. Notwithstanding the date of the signatures of the parties, the term of this <br />Agreement shall commence on the Effective Date and shall terminate on the date that the <br />CSAH 33 project design incorporating the Trail Project has been completed. <br />3. Duties of the County and City. <br />3.1 Project Design Amendments. The County will amend its current design contract <br />with its contractor (SRF) to modify the Project design in order to accommodate the future <br />Trail Project. <br />3.2 Cost Participation. The total estimated cost to redesign the County's CSAH 33 <br />project to accommodate the future Trail Project (the "Trail Design Costs") is <br />$163,413.00. The Trail Design Costs include the additional design tasks shown on the <br />attached Exhibits B1 and B3. The future Trail Design Costs shall be shared by the Parties <br />as follows: <br />