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• <br />NOW THEREFORE, IT IS HEREBY AGREED by and among the parties hereto <br />as follows: <br />1. The Developer shall arrange to conduct a site inspection of the property and <br />shall prepare all necessary plans and specifications for the construction of a second water <br />interconnect along the south side of CSAH 8 between the common line between the City <br />of Lino Lakes and the City of Hugo westerly to a point approximately 650 feet west of <br />Elmcrest Avenue North as directed by the City of Hugo. <br />2. The Developer shall prepare all necessary documents to bid out the project <br />and shall hire contractors to install the water system. The Contractor shall be the <br />choosing of the Developer, neither Hugo nor Lino Lakes shall be responsible for any <br />actions of the Developer or the Developer's Contractors regarding the installation or the <br />construction of the water system. All work to be done constructing and installing the <br />water system within Lino Lakes shall be done subject to the approval of the perspective <br />City Engineer of the City in which the improvements are installed. <br />3. In order to allow for connection of commercial uses to the water system <br />constructed pursuant to the Joint Powers Agreement dated and this Joint <br />Powers Agreement, Article V, Section E 3 is deleted in its entirety and replaced with the <br />following, "Hugo authorizes connection of any non - residential land uses north of CSAH <br />8." <br />4. The Developer shall hold harmless and defend Hugo and Lino Lakes from any <br />and all claims made by anyone for any defects or damages of any kind caused by the <br />installation and/or construction of the water system. <br />