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FINAL <br />7/14/2017 <br /> <br />2 <br />ST. ANTHONY STORMWATER TREATMENT AND RESEARCH FACILITY <br />COOPERATIVE AGREEMENT <br /> <br /> This Cooperative Agreement (“Agreement”) is made and entered into this ___ day of <br />__________, 2017, by and between the City of St. Anthony Village (hereinafter referred to as the <br />"City ") a Minnesota municipal corporation, and the Mississippi Watershed Management <br />Organization (hereinafter referred to as the "MWMO"), a Minnesota joint powers watershed <br />management organization. The City and the MWMO may hereinafter be referred to individually <br />as a “party” or collectively as the “parties.” <br /> <br />RECITALS <br /> <br /> WHEREAS, the City and the MWMO have entered into an agreement to construct the St. <br />Anthony Stormwater Treatment and Research Facility, a regional stormwater treatment and <br />research facility as described in the attached Exhibit A (“Facility”); <br /> <br /> WHEREAS, the MWMO substantially paid for the development, design, and installation <br />of the Facility; <br /> <br /> WHEREAS, the Facility provides treatment of stormwater runoff from the City; <br /> <br /> WHEREAS, the Facility contains the following system components as identified in the <br />Operation, Monitoring, and Maintenance Plan (“O&M Plan”) developed for the Facility and <br />which is attached hereto as Exhibit B: <br /> <br />(a) Primary Treatment, which is the swirl chamber (“Primary Treatment Component”); <br />(b) Secondary Treatment A and Secondary Treatment B (collectively, the “Secondary <br />Treatment Component”); <br />(c) Additional Components, which are the lift station and associated instrumentation <br />(“Additional Components”); and <br />(d) Physical Structure, which includes the concrete structure, gates and other external <br />components of the Facility (“Physical Structure”). <br /> <br />WHEREAS, the MWMO has installed monitoring equipment at the Facility, which it <br />owns and operates. This equipment is being used to evaluate the effectiveness of the treatment <br />methods. The monitoring equipment will be removed by the MWMO when the research has been <br />concluded; <br /> <br /> WHEREAS, the entire Facility is located within the MWMO jurisdiction, but a portion of <br />the Facility is located outside the City’s corporate limits; <br /> <br /> WHEREAS, the Facility is located on Hennepin County right-of-way administered by the <br />City of Minneapolis; <br /> <br /> WHEREAS, the City owns the Facility and is responsible for its maintenance and <br />operation; <br />16