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ORA <br />-12-24 <br />subsection shali not preclude the Commission from proceeding under Minn. Stat. <br />10313_251 or from otherwise Eoeeeding under this Agreement for prects that <br />will not be specially assessed under Minn. Stat, chap. 429. <br />1-f-the-L-RRW-MG-propeses-te-ut-i-lize-A-Heak-a County's bo <br />n 103B.2.51, or' <br />u capital i-'-npmwenient-te-An <br />be carried out in accordunec the provisions-set-feft-1-1 in mid Section-10313.251. <br />L.) Contract Administration. All improvement contracts will be duly supervised by <br />the Member awardingLie contract, provided however., that the Commission shall <br />be authorized to observe and review the work in progress and the Members agree <br />to cooerate with the Commission staff in accomplishing the purposes of this <br />Commission. Representatives of. the Commission shall also have the right to <br />enter upon the place or places where any improvement work is inprogivss for the <br />purpose of making reasonable tests and iwections. Commission staff shall <br />ort. advise, and recommend to the Board on the progress of said work. <br />5.5 Land Acouisition, <br />11 <br />lings shall <br />R V Members. The Commission does not have the Dower to actuire real property, <br />but shall have the authority to establish land acuisition nolickes as part of the <br />Watershed Manappent Plan. The Members a that any and all permanent <br />easements or interests in land which are necessary for any graiect will 1pe <br />negotiated or condemned in accordancc.. with all =heal* laws by the Member_ <br />wherein said lands are located, and each Member agrees to acvlire the necessary <br />easements or interests in such land upon order of the Cormission to accomplish <br />the 'purposes of this Agreement. All reasonable costs of said acquisition shall be <br />considered as a cost oldie respective improvement. If a Member determines it is <br />in the best interests of that Member to acquire additional lands in conjunction <br />with the taking of lands. for the Commission -ordered improvementor for some <br />other ourpose_the costs of said acouisition will not be included in the <br />imnrovement costs of the ordered project _ The Board in determining the <br />allocation of the improvement costs may take into consideration the land use for <br />which said additional lands are being acQuired and may credit the acquiring, <br />IVIemberfor said land acquisition to the extent that it benefits the other Members <br />of this Agreement. Any credits may be applied to the cost allocation of the <br />improvement Proiect under construction or the Board, if feasible and necessar <br />rna.v defer said credits to a future project. <br />(b) Alternative Acquisition. If any Member refuses to riclotiate or condemn lands as <br />ordered by the Board, any other Member may negotiate or condemn outside ofits <br />corporate limits in accordance withand to the extent authorized byapplicable <br />laws, All Members agree that they will not condemn or negotiate for land_ <br />acquisition to pond or drain storm and surface water within the corporate <br />boundaries of another Member except upon order of the Board. The Commission <br />shall have authority to establish land acquisition policies as a part of the overall <br />20 <br />42,8694141-M-145-1-L.W I 0.5- 1 <br />