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Dakota County Contract C0032481.1 <br /> FIRST AMENDMENTTO JOINT POWERS AGREEMENT <br /> BETWEEN THE COUNTY OF DAKOTA <br /> AND <br /> THE CITY OF HASTINGS <br /> FOR COST SHARING OF REGIONAL.TRAIL IMPROVEMENTS RECONSTRUCTION PROJECT <br /> WHEREAS, effective February 18, 2020,the County of Dakota and the City of Hastings entered <br /> into a joint powers agreement (Agreement)for the cost sharing of regional trail improvements and <br /> reconstruction of a mile of Hamburg Avenue to improve drainage issues in the road ditches by replacing <br /> culverts, reducing sediment build-up and improve water infiltration; and <br /> WHEREAS the parties desire to amend certain terms of the Agreement as more fully set forth <br /> below; and <br /> WHEREAS,the Agreement provides that any amendments shall be valid only when expressed in <br /> writing and duly signed by the parties. <br /> NOW,THEREFORE, in consideration of the mutual covenants contained herein,the parties agree <br /> as follows: <br /> 1. To amend Section 5 Payment as follows: <br /> a. 5.1 Contribution Amount.The County shall reimburse the City a total amount not to <br /> exceed Two-hundred seventy-four thousand five-hundred Dollars and 00/100 <br /> ($274,500.00), including a 10 percent contingency, for actual construction costs incurred <br /> for the paving, crack repair work, reconstruction, and widening of 3,300 feet of the <br /> Mississippi Regional Trail to Hastings.The areas of construction, crack repair work, <br /> widening,and reconstruction are depicted and highlighted in magenta in Exhibit 1. In <br /> addition, crack repair work may occur within any area where the County will assume <br /> jurisdiction and operation as identified in Exhibit 1. <br /> 2. All other terms of the Agreement between the County of Dakota and the City of Hastings trail <br /> improvements and reconstruction shall remain in full force and effect unless otherwise <br /> amended or terminated in accordance with law or the terms of the Agreement. <br /> 3. In any case where this Amendment conflicts with the Agreement,the Amendment shall govern. <br /> IN WITNESS WHEREOF,the parties hereto have executed this Amendment on the dates) indicated <br /> below. <br /> COUNTY OF DAKOTA CITY OF HASTINGS ,� t <br /> S Y <br /> Steven C. Mielke, Director Mary Fa ender, Mayor <br /> Physical Development Division <br /> Date of Signature <br /> Date of Signature: <br /> APPROVED AS TO FORM: <br /> 1 <br /> Is/Helen R. Brosnahan 1012/20 Qy <br /> AA- <br /> Assistant Dakota County Attorney Date i laten, City Clerk <br /> Resolution No, 20-445 <br /> KS-18-403-001 Date of Signature: <br />