08-10-11 Council Agenda - Laserfiche WebLink

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VII. General Conditions Nothing in this Agreement shall be construed to modify or limit any statutory authority or legal obligations or responsibilities of Met Council. Specifically, and without limitation, nothing in this Agreement shall be deemed to modify or limit Met Council's review authority over Little Canada's plans under Minnesota Statutes §§ 103D.401, 103D.405, or 473.165, or other applicable law. VIII. Transfer of VH -422 I. On the effective date of this Agreement, Met Council shall transfer to Little Canada at no cost to Little Canada, and Little Canada shall accept the transfer of VI-I -422 and Met Council's interest in any associated property rights. Met Council shall transfer and Little Canada shall accept by such transfer VH -422 in "as 1s" condition by means of a Bill of Sale for Met Council's interest in the pipe and associated facilities constituting VH -422 and a Quit Claim Deed for Met Council's interest in the property rights associated with VI-1 -422. 2. Little Canada acknowledges that any rights transferred by Met Council to Little Canada for VH -422 are subject to existing easements and rights - of-way for highways, roads, railroads, pipelines, canals, laterals, ditches or electric or telephone lines previously granted by Met Council or by any other party or parties. 3. Subsequent to transfer of the VH -422 Interceptor to Little Canada, Little Canada shall have full and sole liability and responsibility for operation and maintenance of the VH -422 and the costs thereof. IX. Transfer of LIO System I. Met Council has, at its own expense, performed the Repairs to the L10 System specifically listed in Exhibit B, Section A attached hereto and made a part hereof. The work was inspected by Little Canada's project manager Little Canada has found the repairs to be acceptable: Commencing on February 24, 2011, Little Canada assumed full responsibility for operation and maintenance of Lift Station L -10 and payment of the costs thereof. Met Council will reimburse Little Canada for actual, reasonable, and verifiable operations and maintenance costs not to exceed $1,120 per month until the L- 10 System is transferred to Little Canada 2. Little Canada will, at the Met Council's expense, perform the Repairs to the L -10 System specifically listed in Exhibit B, Sections B & C attached hereto and made a part hereof, all as provided in Section 11 of this Agreement. Little Canada will complete such repairs no later than December 31, 2012. 9 11