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a � CITY OF ARDEN HILLS DRAFT PRESBYTERIAN HOMES OF ARDEN HILLS, INC. MEMORANDUM OF UNDERSTANDING LIFT STATION #7 1.0 PARTIES. This Memorandum of Understanding is entered into by and between THE CITY OF ARDEN HILLS, a Minnesota statutory city (the "City") and PRESBYTERIAN HOMES OF ARDEN HILLS, INC., a Minnesota non-profit corporation ("Presbyterian Homes"). 2.0 RECITALS. A. City Sanitary Lift Station #7 ("Lift Station #7) receives sewage from the southwest portion of the City. Lift Station #7 was equipped with two (2) submersible five (5) horse power standard sewage pumps ("5 HP Pumps"). B. The southwest portion of the City is predominately a single family residential neighborhood, but also includes an assisted living facility owned and operated by Presbyterian Homes (the "Assisted Living Facility"). C. The Assisted Living Facility residents and/or staff discharge soiled clothing and diapers into the sanitary sewer system which flows from the Assisted Living Facility to Lift Station #7. D. The discharge of the sewage from the Assisted Living Facility clogs the pumps in Lift Station #7 which requires constant and excessive maintenance by the City's public work staff in order to ensure that Lift Station #7 continues to function properly. 3.0 UNDERSTANDING. In recognition of the unusual and costly maintenance necessitated by the discharge from the Assisted Living Facility, Presbyterian Homes paid for the purchase of two (2) submersible chopper pumps (the "Chopper Pumps") to be installed by the City at Lift Station #7 and for the purchase of a spare part kit for such pumps, subject to the following conditions: A. The Chopper Pumps and spare part kit will be owned by the City. B. Upon installation of the Chopper Pumps, the City will maintain the Chopper Pumps as part of its routine maintenance program.