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• <br />• <br />WHEREAS, Hugo does not currently possess the ability to service the property <br />with its existing municipal water system, however, the Hugo envisions that it will be expanding <br />its municipal water service in the future so that the Hugo may, in the future, possess the ability to <br />service the property with its own municipal water system; and, <br />WHEREAS, Lino Lakes does currently possess the ability to service the property <br />with its existing municipal water system; and, <br />WHEREAS, the parties hereto desire to enter into a Joint Powers Agreement to <br />allow Lino Lakes to service the property with its municipal water system until Hugo can extend <br />its own municipal water system to the property; and, <br />WHEREAS, Minnesota Statutes Section 471.59 authorizes two (2) or more <br />governmental units by agreement of their governing bodies jointly and cooperatively to exercise <br />any power common to the contracting parties or any similar powers, including those which are <br />the same except for the territorial limits within which they are exercised; and, <br />WHEREAS, cities are authorized to enter into development contracts as <br />contemplated in Minnesota Statutes Section 462.358, Subd. 2(a); and, <br />WHEREAS, the parties hereto desire to set forth the respective rights and <br />obligations of the parties to this Agreement. <br />NOW, THEREFORE, IT IS HEREBY AGREED by and among the parties as <br />follows: <br />ARTICLE I <br />Responsibilities of Developer <br />A. The Developer shall arrange to conduct a site inspection of the property <br />and prepare all of the necessary plans and specifications for the construction of the water system <br />