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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 />to service the property. The Developer shall hire the Contractor, with the approval of the Cities <br />of Lino Lakes and Hugo, to install the improvements. <br />B. The Developer shall prepare all necessary documents to bid out the <br />project. The Developer shall hire contractors to install the water system to the property. The <br />contractors shall be of the choosing of the Developer. Neither Hugo nor Lino Lakes shall be <br />responsible for any actions of the Developer or the Developer's contractors regarding the <br />installation or construction of the water system. All work to be done in constructing and <br />installing the water system within Lino Lakes shall be done subject to the approval of the Lino <br />2 <br />