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JOINT POWERS AGREEMENT <br />BETWEEN <br />THE CITY OF LINO LAKES AND THE CITY OF CENTERVILLE <br />REGARDING 21ST AVENUE <br /> <br /> This Agreement is entered into by and between the City of Lino Lakes and the <br />City of Centerville, both Minnesota municipal corporations, pursuant to Minnesota <br />Statute section 471.59. <br /> <br />Recitals <br /> <br />1. The corporate boundary between Lino Lakes and Centerville runs north-south <br />through the 21st Avenue right-of-way. The cities have been parties to various joint <br />powers agreements concerning the construction and maintenance of 21st Avenue <br />since 1998. The Avenue currently extends from approximately 1,400 feet north of <br />Main Street to approximately 1,400 feet south of Main Street, terminating at the <br />intersection with Commerce Drive. <br />2. The Clearwater Creek Business Park is being platted and constructed along the <br />eastern edge of the 21st Avenue right-of-way in Lino Lakes. <br />3. As part of the Business Park project, the developer, United Properties, will extend <br />21st Avenue southward from Commerce Drive to a temporary cul-de-sac, and <br />construct related storm water and utility improvements as provided in the <br />approved plans (the “Project”). <br />4. The purpose of this Agreement is to set forth the rights and obligations of the <br />cities with respect to the length of 21st Avenue south of Main Street as 21st Avenue <br />will exist upon completion of the Project. <br />Agreement <br /> In consideration of the mutual obligations set forth below, the parties agree to the <br />following: <br />1. Prior Agreements. This Agreement supersedes and replaces all prior agreements <br />between the parties concerning 21st Avenue south of Main Street to the extent this <br />Agreement conflicts with those agreements. This Agreement does not modify or <br />affect the 2013 Joint Powers Agreement, as amended in 2016, concerning 21st <br />Avenue north of Main Street. <br />2. Street Design and Construction. The Project is being constructed by United <br />Properties at its sole expense as part of the Clearwater Creek Business Park <br />development. The plans and specifications for the Project are subject to review <br />and approval by Lino Lakes as part of that development. Construction observation