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MEMORANDUM OF UNDERSTANDING BETWEEN <br />THE MINNESOTA DEPARTMENT OF TRANSPORTATION, <br />AND THE CITY OF ELK RIVER <br /> <br /> THIS MEMORANDUM OF UNDERSTANDING ("MOU") is made and entered into on <br />the 1st day of May, 2001, by and between THE MINNESOTA DEPARTMENT OF <br />TRANSPORTATION, a department of the State of Minnesota ("Mn/DOT"); and THE CITY OF <br />ELK RIVER, a Minnesota municipal corporation (the "City"); <br /> <br />WHEREAS, Mn/DOT and the City wish to proceed with the planning and construction of the Elk <br /> River Park and Ride / Multimodal facility; and <br /> <br />WHEREAS, construction of Phase I of the Park and Ride facility is planned for the summer of <br /> 2001, with a completion date of October 2001; and <br /> <br />WHEREAS, <br /> <br />bus service will operate out of this facility for approximately 2 years using grant <br />money from the FTA, at the end of which, service will be re-evaluated for continued <br />service; and <br /> <br />WHEREAS, <br /> <br />Mn/DOT and the City wish to have a mutual understanding of the landscaping, right <br />of way use and construction activities that will occur at this location within the city <br />limits through this MOU; <br /> <br />NOW THEREFORE, Mn/DOT and the City agree to the following: <br /> <br />This MOU is not a binding agreement and that any binding obligations of the <br />parties to this MOU will be made pursuant to written, approved, and properly <br />executed agreement(s). <br /> <br />Mn/DOT will develop a landscaping plan for Phase I of the Park and Ride <br />facility under its normal cost participation policy, which is normally 2-3% of <br />the construction costs for this type of project. City staff will review the plan <br />for consistency with City ordinances prior to installation. Mn/DOT <br />proposes to do this work under a separate project that will be completed by <br />October 1, 2002. <br /> <br />3. Phase II of the park and ride facility will be one of the following: <br /> <br />a. an expansion of the facility to accommodate a commuter rail station, <br />b. an expansion of the bus service to accommodate more ridership, <br />c. maintenance of the bus service to accommodate the same or less ridership, <br /> or <br />d. a discontinuation of the lot for commuter services. Landscaping <br /> opportunities consistent with City ordinance will be incorporated into any <br /> future modifications of this facility. <br /> <br />Proposed access off the road serving the park and ride will be granted to the <br />development to the north. The developer will need to work with Mn/DOT <br />to coordinate access locations. <br /> <br /> <br />