CC PACKET 08252015 - Laserfiche WebLink

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WHEREAS, the District, by Resolution 2014-20, accepted the amended joint petition and directed further proceedings for Project 2013-01 consistent with the amended petition; WHEREAS, the City and District have worked cooperatively to develop goals and objectives for the Improvement, a concept construction design for the Improvement, a cost allocation between the City and the District for construction of the Improvement, and a plan for maintenance of the Improvement, once constructed; WHEREAS, at a minimum, to meet the requirements of the Grant, the Improvement must provide an annual total phosphorus load reduction of at least 28.5 pounds (hereinafter “Performance Standard”); WHEREAS, the City and the District agree that the City’s preferred Improvement alternative (designed and constructed consistent with Alternative 5 in the Mirror Pond Conceptual Design Memorandum, prepared by Houston Engineering, Inc. and dated May 6, 2015) will meet the Performance Standard required by the Grant; WHEREAS, Minnesota Statutes Chapter 471.59 provides that two or more governmental units, by agreement entered into through action of their governing bodies, may enter into an agreement providing for the division of costs of improvement projects; and, WHEREAS, prior to expending funds under the Grant, the Grant Agreement requires that the City provide the District assurances regarding construction of the Improvement using grant funds, design and Performance Standards for the Improvement, and a 25-year access agreement on City property for the purpose of inspecting or correcting damage to the Improvement and maintenance of the Improvement. NOW, THEREFORE, based on the foregoing recitals which are incorporated fully into this Agreement, the City, duly authorized by its governing body and upon resolution of the City Council, and the District, duly authorized by its governing body and upon resolution of the Board of Managers, agree as follows: SECTION A: General Provisions 1. Construction and financing of the Improvement shall be performed in accordance with the terms of this Agreement; the requirements of state statutes; and each party’s respective rules, codes, policies, or regulations. 2. The City, through its own personnel, consultants and/or contractors, will undertake the design, permitting, construction, inspection and maintenance of the Improvement. District staff will be made available to support these activities and develop and implement a water quality monitoring plan. 3. The City shall be responsible for all post-construction maintenance of the Improvement, consistent with its MS4 program requirements, and the costs thereof, for a period of 25- years after completion of the Improvement, as is required by the Grant. Should the City fail to complete required maintenance, the District, after notice to the City and an 1616