RES 17-056 AUTHORIZING THE COOPERATIVE AGREEMENT BY AND BETWEEN THE CITY OF ST. ANTHONY AND THE MISSISSIPPI WATERSHED MANAGEMENT ORGANIZATION FOR THE ST. ANTHONY STORMWATER TREATMENT AND RESEARCH FACILITY

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