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JOINT POWERS AGREEMENT <br />BETWEEN THE CITY OF ELK RIVER <br />AND THE CITY OF RAMSEY <br />REGARDING JARVIS STREET RECONSTRUCTION <br />THIS AGREEMENT is made and entered into on the latest date set forth below by and <br />between the City of Elk River and the City of Ramsey, both being municipal corporations <br />of the State of Minnesota. <br />RECITALS <br />1. Elk River and Ramsey ("the Parties") jointly share ownership and maintenance <br />responsibilities for a section of Jarvis Street south of 165th Avenue NW and north <br />of Trunk Highway 10 (see Exhibit A) and wish to share equally in all costs <br />required to reconstruct this shared section of Jarvis Street and the improvements <br />required at the BNSF rail crossing to qualify it as a quiet crossing ("the Project"). <br />2. Subject to the terms set forth below, the Parties agree to share equally in the <br />financial responsibilities for the construction of the Project. <br />The Parties recognize and acknowledge that equal benefit will be received upon <br />completion of the Project. <br />4. Minnesota Statutes section 471.59 authorizes political subdivisions of the state to <br />enter into joint powers agreements for the joint exercise of powers common to <br />each. <br />AGREEMENT <br />In consideration of the mutual undertakings expressed herein, the Parties agree as <br />follows: <br />1. Purpose. The purpose of this Agreement is to set forth the terms of the agreement <br />between the Parties concerning the construction and financing of the Project. <br />This Agreement does not create a joint powers board. <br />2. Project Responsibility. <br />a. Elk River shall design the Project, contract with contractors, administer <br />the construction, and conduct inspections of the construction process. <br />Ramsey shall have the right to inspect, review and comment upon <br />construction of the Project. Elk River shall have final authority with <br />respect to all construction administration decisions. <br />