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LITTLE CANADA INTERCEPTOR CONSTRUCTION COOPERATION AND <br />RECONVEYANCE AGREEMENT <br />THIS RECONVEYANCE AGREEMENT ( "Agreement "), effective on <br />, is made and entered into by the CITY OF LITTLE <br />CANADA, a municipal corporation ( "Little Canada ") and the METROPOLITAN <br />COUNCIL, a public corporation and political subdivision of the State of Minnesota <br />( "Met Council "), collectively referred to as the "Parties "). <br />BACKGROUND RECITALS <br />1. Pursuant to Minnesota Statutes § 473.146 the Met Council has adopted a <br />comprehensive plan for the collection, treatment and disposal of sewage in the <br />Minneapolis -St. Paul metropolitan area. <br />2. To implement its comprehensive plan for the collection, treatment and disposal of <br />sewage, Met Council owns and operates the wastewater treatment and collection facilities <br />including the sanitary sewer interceptor systems for the Minneapolis -St. Paul, Minnesota <br />region hereinafter referred to in this Agreement as the "Metropolitan Disposal System ". <br />3. As part of the Metropolitan Disposal System, Met Council owns and operates <br />interceptor sewers and related ancillary facilities which for the purposes of this <br />Agreement is identified as the Lift Station L10, Interceptor 1 -LC -420, and portions of <br />Interceptors 1 -VH -422 and 1 -LC -421, (referred to in this Agreement collectively as <br />"Little Canada Interceptor "), the location of which is shown on Exhibit A attached hereto <br />and made a part of this Agreement. <br />4. On January 13, 2010, Met Council, in accordance with Minnesota Statutes <br />§ 473.5111, subd. 2, determined that the Little Canada Interceptor is no longer necessary <br />for Met Council's Comprehensive Plan for the collection, treatment and disposal of <br />sewage in the metropolitan area. <br />5. On January 13, 2010, in accordance with Minnesota Statutes § 473.5111, subd. 3, <br />Met Council further determined that the Little Canada Interceptor continues to be of <br />benefit to the Little Canada sanitary sewer system. <br />6. On January 13, 2010 Met Council, in accordance with Minnesota Statutes <br />§ 473.5111, subd. 3 declared the Interceptor 1 -VH -422 (referred to in this Agreement as <br />"VH- 422 ") to be in good operating condition as that term is defined by Minnesota <br />Statutes § 473.5111. Pursuant to Minnesota Statutes § 473.5111(7)(b), Met Council will <br />transfer to Little Canada, the VH -422 Interceptor in accordance with the terms and <br />conditions of this Agreement. VH -422 is more specifically defined in Section I (1) of <br />this Agreement. <br />1 <br />3 <br />