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-2- WHEREAS, the Minnesota Pollution Control Agency (MPCA) is authorized • pursuant to the Minnesota Environmental Response Liability Act (MERLA) , Minn. Stat. § 115B (State Superfund Act) to expend funds from the Environmental Response, Compensation and Compliance Fund (Fund) for Response Actions; and WHEREAS, the MPCA has authorized certain expenditures from the Fund to accomplish the work described in this Agreement; and WHEREAS, the MPCA is authorized pursuant to Minn. Stat. § 116.03, subd. 3 (1986) to enter into cooperative agreements on behalf of the State for the purposes of administering CERCLA funds; and WHEREAS, the EPA and the MPCA have executed a Cooperative Agreement for the purpose of Remedial Investigation through Remedial Action (RA) activities related to ground water contamination in the New Brighton, Arden Hills and St. Anthony areas; and WHEREAS, the City of St. Anthony (City) is a Local Unit of government in which a project for a GAC facility and pipeline is planned, the City is authorized to enter into this agreement with the MPCA, and the City has represented that it is capable of carrying out certain portions of the project; WHEREAS, to fulfill the requirements -of CERCLA as amended, the City will provide a portion of the monies for -the 10% nonfederal share to match the EPA 90% share of funding as described herein; WHEREAS, the MCPA commits to accept transfer of title of the treatment facility and pipeline from EPA; WHEREAS, the MPCA agrees to transfer use and actual possession of the treatment facility and pipeline to the City; and, WHEREAS, the City agrees to accept the use and actual possession of the treatment facility and pipeline; NOW THEREFORE, it is agreed by and between the MPCA on behalf of the State of Minnesota (State) and the City of St. Anthony (City) : 1 .0 PURPOSE 1 .1 This contract is an agreement between the MPCA, on behalf of the State, and the City to provide for the payment of the nonfederal 10% match for federal funding, to provide for work related to construction of the project, to provide for operation and maintenance, and to pass several assurances between the State and the City regarding this Remedial Action (RA) . 1 .2 The Project consists of the provision of a permanent potable water supply for the City due to contamination in the City wells according to the EPA's Record of Decision and Remedial Design. This RA will consist of: 1. Rehabilitation of City well 3.