08-10-11 Council Agenda - Laserfiche WebLink

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3. Upon completion of the Repairs listed in Exhibit 13, Sections A, 13 and C, by Met Council and Little Canada, in accordance with the terms of this Agreements, Met Council will certify, pursuant to Minnesota Statutes § 473.5111, subd. 6(b)(2) that the LI 0 System is in Good Operating Condition. If pursuant to Section II of this Agreement, the design and construction provisions of this Agreement terminate, Met Council may itself perform the rehabilitation of the L.I0 System in accordance with the Construction Documents approved by Met Council for the L System Project under this Agreement. 4. Little Canada agrees that upon completion of the Repairs listed in Exhibit 13, Sections A, B and C, that the L10 System will be in Good Operating Condition. Further, Little Canada waives any right provided by Minnesota Statutes § 473.5111 or any other applicable statute to contest or request a hearing on Met Council's certification that the LI0 System is in Good Operating Condition. 5. Immediately upon certification by Met Council that the L10 System is in Good Operating Condition as provided in this Section IX, Met Council shall transfer to Little Canada, at no cost to Little Canada, and Little Canada shall accept the transfer of Met Council's interest in the L10 System and Met Council's interest in any associated property. 6. Subsequent to transfer of the L -10 System to Little Canada, Little Canada shall have full and sole liability and responsibility for operation and maintenance of the L -10 System and the costs thereof. 7. Met Council shall transfer and Little Canada shall accept by such transfer the LI0 System in "as is" condition by means of a 13111 of Sale for Met Council's interest in the pipes and associated facilities constituting the L10 System and a Quit Claim Deed for Met Council's property rights associated with the L10 System. X. Warranty 1. Provided that Little Canada has performed routine maintenance on the Little Canada Interceptor, Met Council agrees, pursuant to Minnesota Statutes § 473.5111 that it will reimburse Little Canada for Met Council's share as provided in this Agreement, for the actual, reasonable and verifiable cost of uninsured and non- warranted emergency repairs for the Little Canada Interceptor for a period of ten (10) years starting on the date Met Council has certified the Little Canada Interceptor to be in Good Operating Condition pursuant to Minnesota Statutes § 473.511 land this Agreement and ending ten (10) years from such date. The ten year warranty period for VH -422 starts on January 13, 2010. The ten year warranty period for the L10 System begins on the date that Met Council certifies that the L10 System is in Good Operating Condition as provided in Section IX of this Agreement. Met Council will transfer to Little Canada any warranties or guarantees 10 12