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JOINT POWERS AGREEMENT <br />BETWEEN THE <br />CITY OF GEM LAKE <br />AND <br />WHITE BEAR TOWNSHIP <br />THIS AGREEMENT, made and entered into this day of , 2023, set forth <br />between WHITE BEAR TOWNSHIP, a statutory Township under the Laws of the State of Minnesota <br />(TOWNSHIP), and the CITY OF GEM LAKE, a statutory City under the laws of the State of Minnesota (CITY). <br />RECITALS: <br />WHEREAS, the TOWNSHIP is the owner of certain real property, hereinafter referred to as the <br />"Premises," located White Bear Township, County of Ramsey, State of Minnesota, more particularly described on <br />"Exhibit A" attached hereto and by reference made a part hereof; and <br />WHEREAS, the CITY wishes to construct a new municipal government center for its operations on the <br />Premises; and <br />WHEREAS, both parties are political subdivisions organized under Minnesota Statutes, with authority to <br />enter into joint ventures and joint powers agreements; and <br />WHEREAS, pursuant to all of the terms and conditions herein, the parties wish to enter into a Joint Powers <br />Agreement (JPA) for the planning, construction, and operation of the facility. <br />PURPOSE: <br />Minnesota Statutes, Section 471.59, provides that two or more governmental units, by agreement entered <br />into through action of their governing bodies, may jointly or cooperatively exercise any power common to the <br />contracting parties or any similar powers, including those which are the same except for the territorial limits within <br />which they are exercised. <br />AGREEMENT: <br />Now therefore, in consideration of the foregoing recitals and mutual undertakings, set forth herein, the <br />TOWNSHIP and the CITY agree as follows: <br />I. DUTIES AND RESPONSIBILITIES <br />a. The TOWNSHIP shall provide a site for the construction of the Municipal Building. <br />b. The TOWNSHIP shall execute a quit claim deed for the Premises naming the TOWNSHIP and <br />CITY as fee owners in joint tenancy. <br />c. The TOWNSHIP and CITY shall utilize the Municipal Building for meeting rooms, polling <br />places, or administrative offices. <br />II. DESIGN AND IMPROVEMENT <br />At the time of the design of said Municipal Building, the TOWNSHIP and the CITY shall consult <br />regarding such designs and, before said designs are implemented shall be submitted to both the CITY and <br />the TOWNSHIP for approval, which approval shall not be unreasonably withheld. All capital <br />improvement costs will be shared by the Township and Gem Lake 50150. <br />III. CONSTRUCTION <br />The CITY and TOWNSHIP shall be responsible for the construction of the Municipal Building. The <br />selection of the general contractor shall be performed in accordance with Minnesota Statute Section <br />471.345, the Uniform Municipal Contracting Law. The CITY and TOWNSHIP shall agree to appoint a <br />construction manager or, alternatively, an architect. <br />