07-24-2013 Council Agenda - Laserfiche WebLink

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AMENDMENT NO. 1 TO LITTLE CANADA INTERCEPTOR COOPERATION AND RECONVEYANCE AGREEMENT BETWEEN LITTLE CANADA AND THE METROPOLITAN COUNCIL Background Recitals 1. Metropolitan Council (hereinafter the "Council ") and the City of Little Canada (hereinafter the "City ") entered into an agreement effective as of August 10, 2011, entitled the Little Canada Interceptor Cooperation and Reconveyance Agreement between the Council and the City (hereinafter the "Agreement "). 2. Section XI.2.of the Agreement provided that any alterations, variations, modifications or waivers of provisions of the Agreement shall only be valid when they have been reduced to writing as an amendment to the Agreement by the parties to the Agreement. 3. The Council and the City now want to amend the Agreement to extend the date that repairs are complete pursuant to Section IX.2.of the Agreement. NOW, THEREFORE, the Council and the City agree to amend the Agreement as follows: 1. Replace Section IL8. of the Agreement with the following paragraph: Met Council shall reimburse Little Canada for design and construction of LI0 Gravity Pipe System Project as provided in this Agreement in the approximate amount of $906,000 costs as described in paragraph 10, below, and as more specifically shown on Exhibit C attached hereto and made a part hereof. 2. Replace Section IX.2. of the Agreement with the following paragraph: Little Canada will, at the Met Council's expense, perform the Repairs to the L -10 System specifically listed in Exhibit 8, Sections B & C attached hereto and made a part hereof, as provided in Section II of this Agreement. Little Canada will complete such repairs no later than November 30, 2013. 3. Replace Exhibit C with the attached Exhibit C. 4. In all other respects, the Agreement remains the same. IN TESTIMONY WHEREOF', the parties hereto have caused this Agreement to be executed by their respective duly authorized officers as of the date and year first above written. -I - 2