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DRAFT <br />11-73-42-24 <br />103B.251 or from otherwise proceeding under this Agreement for projects that <br />will not be specially assessed under Minn. Stat., chap. 429. <br />(b) Contract Administration. All improvement contracts will be duly supervised by <br />the Member awarding the contract, provided, however, that the Commission shall <br />be authorized to observe and review the work in progress and the Members agree <br />to cooperate 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 in progress for the <br />purpose of making reasonable tests and inspections. Commission staff shall <br />report, advise, and recommend to the Board on the progress of said work. <br />5.5 Land Acquisition. <br />(a) By Members. The Commission does not have the power to acquire real property, <br />but shall have the authority to establish land acquisition policies as part of the <br />Watershed Management Plan. The Members agree that any and all permanent <br />easements or interests in land which are necessary for any project will be <br />negotiated or condemned in accordance with all applicable laws by the Member <br />wherein said lands are located, and each Member agrees to acquire the necessary <br />easements or interests in such land upon order of the Commission to accomplish <br />the purposes of this Agreement. All reasonable costs of said acquisition shall be <br />considered as a cost of the 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 improvement, or for some <br />other purpose, the costs of said acquisition will not be included in the <br />improvement costs of the ordered project. The Board in determining the allocation <br />of the improvement costs may take into consideration the land use for which said <br />additional lands are being acquired and may credit the acquiring Member for said <br />land acquisition to the extent that it benefits the other Members of this <br />Agreement. Any credits maybe applied to the cost allocation of the improvement <br />project under construction or the Board, if feasible and necessary, may defer said <br />credits to a future project. <br />(b) Alternative Acquisition. If any Member refuses to negotiate or condemn lands as <br />ordered by the Board, any other Member may negotiate or condemn outside of its <br />corporate limits in accordance with, and to the extent authorized by, applicable <br />laws. All Members agree that they will not condemn or negotiate for land <br />acquisition to pond or drain storm and surface waters 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 />Watershed Management Plan. The policies shall be designed to equalize costs of <br />land throughout the Watershed. <br />5.6 CIP Project Funding. <br />15 <br />LW1O5-1-951303.vl <br />