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<br />JOINT POWERS AGREEMENT <br />BETWEEN SHERBURNE COUNTY AND CITY OF ELK RIVER <br />FOR IMPROVEMENTS TO <br />MISSISSIPPI ROAD TRAIL FROM TROY STREET TO ORONO ROAD <br /> <br />THIS AGREEMENT is made and entered into this day of , 2025, (the <br />“Effective Date”) by and between the County of Sherburne, a political subdivision of the State of <br />Minnesota, 13880 Business Center Drive NW, Elk River, Minnesota 55330, (the "County"), and the City <br />of Elk River, 13065 Orono Parkway, Elk River, MN 55330 (the "City"). <br />WHEREAS, the parties to this Agreement have long exhibited concern for the safety of the public <br />traveling on County Road 30; and, <br />WHEREAS, the City has proposed, and the County has consented to, certain improvements to <br />County Road 30 (Mississippi Road), identified as the Mississippi Trail Infill Improvements Project (the <br />“Project”); and <br />WHEREAS, the parties agree that the City shall cause construction of the Project; and <br />WHEREAS, the City has prepared plans and specifications for the Project (SP 204-090-005), <br />which plans are consistent with the plans the City consented to and which will be on file in the office of <br />the County Engineer; and <br />WHEREAS, Minn. Stat. § 471.59 authorizes the County and the City to enter into an agreement <br />for the joint exercise of powers and the sharing of resources. <br />NOW, THEREFORE, in consideration of the premises and covenants contained herein and <br />subject to the provisions of Minn. Stat. § 471.59, the parties agree as follows: <br />1. Purpose. The parties enter into this Agreement for the purpose of completing the Project. <br /> <br />2. Term. Notwithstanding the date of the signatures of the parties, the term of this Agreement shall <br />commence on the Effective Date and shall terminate on the date that the Project has been <br />completed, as determined by the City. <br /> <br />3. Duties of the County and City. <br />3.1 Solicitation and Award of Contract. The City has solicited bids for the construction of <br />the Project based on the plans and specifications and has awarded a contract to the lowest <br />responsible bidder, as determined by the City, in accordance with Minnesota law. <br /> <br />3.2 Plans and Specifications. The City shall prepare all plans, specifications, material <br />quantities and all other documents necessary for the construction of the Project. <br />3.3 Construction Items. The City will let a contract and will cause the construction the <br />Project, in accordance with the County and City approved State Aid construction plans. The <br />Project includes, at a minimum, the following improvements, as further shown on the attached <br />Exhibit A: <br /> <br />1) Construct trail between Troy Street and Rawlins Street <br />Page 118 of 379