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<br />MEMORANDUM OF AGREEMENT <br />BETWEEN <br />THE STATE OF ALASKA <br />AND <br />THE KODIAK ISLAND BOROUGH <br /> <br />t t-il~ 'M . <br />d 06 r - /1 <br /> <br />Project: Otmeloi Way Rehabilitation <br />Reconnaissance Engineering Study <br /> <br />Project Number: 59216 <br /> <br />The parties to this Agreement are the State of Alaska acting through its Department of <br />Transportation and Public Facilities (hereinafter DOT&PF) and the Kodiak Island Borough, a <br />Borough established under Alaska law (hereinafter the BOROUGH). <br /> <br />WHEREAS, the BOROUGH requests to be allowed to own and maintain Otmeloi Way and <br />to assume all responsibility for the planning, design and construction of the Otmeloi Way <br />Rehabilitation project (hereinafter the PROJECT); <br /> <br />WHEREAS, $3,300,000 was appropriated in SFY2006 Capital Budget by the Legislature to <br />DOT&PF for the project; <br /> <br />WHEREAS, the BOROUGH does not have funds available if the project exceeds the <br />appropriated budget; <br /> <br />WHEREAS, the BOROUGH has requested a direct transfer to them of $200,000 to conduct <br />the reconnaissance engineering study required to determine if the available funding is <br />adequate for the project (hereinafter the STUDY); <br /> <br />WHEREAS, the BOROUGH has exercised its authority under State law or local charter to <br />assume the power to plan, design, construct, and maintain, finance, hold title to, or <br />otherwise control highways, streets, roads, and transportation facilities within its boundaries; <br /> <br />WHEREAS, Alaska Statute 19.05.040 provides that DOT&PF may enter into agreements <br />with local agencies relating to highways; and <br /> <br />WHEREAS, the undersigned parties have been authorized to enter into this Agreement to <br />cooperatively complete the project under the terms and conditions identified below. <br /> <br />THEREFORE, the parties, in consideration of the mutual promises contained in the <br />Agreement, agree to the following: <br /> <br />1. COMPliANCE WiTH LAWS AND REGULATiONS <br /> <br />The BOROUGH agrees to comply, and shall require compliance by any contractors, with all <br />applicable local, State, and federal laws and regulations. <br /> <br />Project Number: AKSAS 59216 <br />Otmeloi Way Rehabilitation <br />Page 1 <br />