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JOINT POWERS AGREEMENT <br />For the <br />Trail and Boardwalk Extension <br />Cities agree to submit to the opinion of the League of Minnesota Cities Insurance Trust <br />(LMCIT) Loss Control staff or some other party of mutual acceptance as to what level of <br />maintenance is appropriate. Each City agrees to undertake any corrections noted by the <br />LMCIT (or other party) with appropriate expediency. <br />Each city shall be responsible for communication with their city's affected property owners, <br />residents and with Xcel Energy regarding any issues relevant to the trail construction or <br />operation. <br />Each city shall be responsible for signage related to their respective sections of the project. <br />Dispute Resolution <br />Negotiation <br />Any claim, dispute or other matter in question, arising out of or related to this Agreement <br />shall first be subject to negotiation between the parties as a condition precedent to <br />arbitration. <br />Arbitration <br />Any claim, dispute or other matter in question, arising out of or relating to this <br />Agreement, if not resolved by direct negotiation, shall be subject to arbitration. A request <br />for arbitration shall be made within a reasonable time after the claim, dispute or other <br />matter in question has arisen. No arbitration arising out of or relating to this Agreement <br />shall include, by consolidation or joinder or in any other manner, an additional person or <br />entity not a party to this Agreement, except by written consent containing a specific <br />reference to this Agreement and signed by the parties and any other person or entity <br />sought to be joined. The award rendered by the arbitrator shall be final, and judgments <br />may be entered upon it in accordance with applicable law in any court having jurisdiction <br />thereof. <br />Severability <br />Invalidation of any of the provisions contained in this Agreement, or of the application thereof, <br />to any person by judgment or court order shall in no way affect any of the other <br />provisions hereof or the application thereof to any other person, and the same shall <br />remain in full force and effect. <br />Amendments <br />This agreement may be amended by, and only by, a written agreement signed by both parties. <br />Page 5 of 7 <br />