08-10-11 Council Agenda - Laserfiche WebLink

Home Browse Search

7. Further, on January 13, 2010, Met Council, in accordance with Minnesota Statutes § 473.5111, suhd. 3 declared Interceptor 1 -LC -420 and portions of Interceptor 1 -LC -421 (referred to in this Agreement as "L10 Gravity Pipe System ") and Lift Station L -10 (referred to in this Agreement as "Lift Station L10), collectively referred to in this Agreement as "L10 System" to be in good operating condition as that term is defined by Minnesota Statutes § 473.5111 subject to repairs specifically listed in Exhibit 13 attached hereto and made a part hereof. The L10 hnterceptor System, Lift Station L-10, and L10 Gravity Pipe System are more specifically defined in Section I (1) of this Agreement. 8. On January 13, 2010, Met Council further determined that with respect to the L -10 System: a. Met Council will perform and /or cause to be performed, at its expense, the repairs specifically listed in Exhibit 13, Sections A, 13 and C, attached hereto and made a part hereof; and b. Upon completion of the repairs listed in Exhibit 13, Sections A, B and C, pursuant to Minnesota Statutes § 473.5111(7)(b), Met Council will transfer to Little Canada, the L10 System in accordance with the terms and conditions of this Agreement. 9. Upon completion of the Lift Station L10 repairs specifically listed in Exhibit 13, Section A, Little Canada will accept operations and maintenance responsibilities of' the Lift Station. Met Council will reimburse Little Canada for these costs until the L10 System has been transferred to Little Canada in accordance with the terms of this Agreement. 10. Further, Met Council has determined that it is in its best interest for Little Canada to rehabilitate the L I 0 Gravity Pipe System prior to conveyance of the 1.,10 System to Little Canada. 11. Upon completion of the repairs listed in Exhibit 13, Sections A, B and C attached hereto, Met Council will certify the L I 0 System to be in good operating condition pursuant to Minnesota Statutes § 473.511, suhd. 6(h)(2). 12. Little Canada recognizes and agrees with the determinations made by Met Council as stated above in the Recitals. 13. The Parties have now reached agreement on the topics and issues related to the transfer of the Little Canada hnterceptor and hereby set forth their agreement pursuant to their power and authority under Minnesota Statutes § 473.501, et. seq., § 473.5111, § 473.59, and other applicable statutes. 2 4