08-10-11 Council Agenda - Laserfiche WebLink

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that Met Council has received from its contractors and subcontractors for such Repairs to the LI O System. For the purposes of this Agreement, emergency repairs are only such repairs needed to fix any imminent and bona fide threat to the structural integrity of the Little Canada Interceptor within the ten year period stated above in this Section X. Specifically, repairs due to outside sources, including, but not limited to, acts of God, terrorism, use of facilities for other than wastewater purposes, misuse of facilities and vandalism are not considered to be due to structural condition of the pipe and are the responsibility of Little Canada. 2. Met Council's obligation to reimburse the Little Canada for its share in the cost of emergency repairs for the Little Canada Interceptor is subject to the following conditions: a. Little Canada has provided written notice as soon as practicable to Met Council that an imminent and bona fide threat to the structural integrity of the Little Canada Interceptor has occurred, the date on which the threat first occurred, and the nature and cause of imminent and bona fide threat; and b. If there is disagreement that the condition reported by Little Canada constitutes an imminent and bona fide threat to the Little Canada Interceptor an independent third party will be contracted to make the determination. If resolution of the issue results in compromise the costs of the third party shall be split; and if the determination results in a winner, the loser pays for the third party in full. c. The determining date for eligibility of the emergency repair costs to be shared by Met Council under the terms of this Agreement is the date on which the incident causing the bona fide and imminent threat was noticed to Met Council as provided in subparagraph 2(a) above in this Section X; and d. Little Canada has submitted to Met Council written plans for the emergency repair to the Little Canada Interceptor and Met Council has reviewed such plans and determined that the plans are reasonable and necessary for the emergency repair; and e. Little Canada provides to Met Council maintenance records that demonstrate the routine maintenance of the facilities to be repaired; and f. Any portion of the facilities for which Little Canada has done a material rehabilitation or repairs previously covered under this Section X of this Agreement are not eligible for repair under this Section X of this Agreement. 11 13