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share of the federally eligible costs, previously provided by the City. <br />Reimbursement for City State Aid funds used in lieu of federal funds, will be <br />deposited in the City's State Aid Account. Reimbursement for other City <br />funds used in lieu of federal funds will be forwarded to the City. <br />III. AUTHORIZED REPRESENTATIVES. Each authorized representative will have <br />responsibility to administer this agreement and to ensure that all payments due to the <br />other parry are paid pursuant to the terms of this agreement. <br />A. The City authorized representative is Terry Maurer, City of Elk River, 13065 <br />Orono Parkway, Elk River, MN 55330, or his successor. <br />B. Mn/DOT's authorized representative is Lynnette Roshell, Minnesota <br />Department of Transportation, State Aid for Local Transportation, 395 John <br />Ireland Boulevard, Mail Stop 500, St Paul, MN 55155, phone 651-366-3822, <br />or her successor. <br />IV. TORT LIABILITY. Each party is responsible for its own acts and omissions and the <br />results thereof to the extent authorized by law and will not be responsible for the acts and <br />omissions of any others and the results thereof. The Minnesota Tort Claims Act, <br />Minnesota Statutes Section 3.736, governs Mn/DOT liability. <br />V. ASSIGNMENT. Neither party will assign or transfer any rights or obligations under this <br />agreement without prior written approval of the other party. <br />VI. AMENDMENTS. Any amendments/supplements to this Agreement must be in writing <br />and be executed by the same parties who executed the original agreement, or their <br />successors in office. <br />VII. TERM OF AGREEMENT. This agreement will be effective upon execution by the City <br />and by appropriate State officials, pursuant to Minnesota Statutes Section 16C.05, and <br />will remain in effect for five (5) years from the effective date or until all obligations set <br />forth in this agreement have been satisfactorily fulfilled, whichever occurs first. <br />VIII. TERMINATION. This agreement may be terminated by the City or Mn/DOT at any <br />time, with or without cause, upon ninety (90) days written notice to the other parry. Such <br />termination will not remove any unfulfilled financial obligations of the City as set forth <br />in this Agreement. In the event of such a termination the City will be entitled to <br />reimbursement for Mn/DOT-approved federally eligible expenses incurred for work <br />satisfactorily performed on the Project to the date of termination subject to the terms of <br />this agreement. <br />(Mn/DOT AgreementNo. 93359) <br />C:\Documents and Settings\tmaurer\Local Settings\Temporary Internet Files\OLK78\204-104-007BaseACAgreementDifferentFiscalYear09.doc <br />2/6/04Page 3 <br />