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Page | 1 <br />209534v3 <br /> JOINT POWERS AGREEMENT <br />BETWEEN THE CITY OF ARDEN HILLS AND <br />THE MINNESOTA DEPARTMENT OF MILITARY AFFAIRS <br />FOR IMPROVEMENTS, OPERATIONS AND MAINTENANCE <br />OF SANITARY SEWER LIFT STATIONS AND RELATED FACILITIES <br /> <br /> <br /> THIS AGREEMENT (“Agreement”) is entered into between the CITY OF ARDEN <br />HILLS, a Minnesota municipal corporation (“City”) and the MINNESOTA DEPARTMENT OF <br />MILITARY AFFAIRS, a State Agency (“STATE”), hereafter collectively referred to as the <br />"Parties". <br /> <br /> WHEREAS, the STATE is constructing a new building commonly referred to as the <br />Arden Hills Readiness Center located at 4800 Hamline Avenue, Arden Hills, Minnesota <br />(“Readiness Center”); and <br /> WHEREAS, the Readiness Center will generate increased wastewater discharge flow <br />from the STATE property to a STATE sanitary sewer lift station located in the northwest <br />quadrant of Paul Kirkwood Drive and Hamline Avenue in Arden Hills, (“STATE Lift Station”); <br />and <br /> WHEREAS, the STATE Lift Station discharges downstream into the public sanitary <br />sewer system owned and operated by the City; and <br /> WHEREAS, the City owns and operates sanitary sewer lift station Number 14 located in <br />the southwest quadrant of Paul Kirkwood Drive and Hamline Avenue, (“Lift Station 14”); and <br /> WHEREAS, engineering and hydraulic analysis conducted by a STATE consultant has <br />determined that the combined flow rate from both the STATE Lift Station and Lift Station 14 <br />exceeds the conveyance capacity of the downstream public sanitary sewer system when both lift <br />stations function simultaneously; and <br /> WHEREAS, the City and STATE have concluded that improvements are necessary to <br />provide communications and controls between the STATE Lift Station and Lift Station 14 to <br />coordinate pumping times and prevent both lift stations from operating simultaneously; and <br />WHEREAS, the Parties intend this Agreement to establish the respective and joint <br />responsibilities of the Parties in constructing, operating, repairing and maintaining the STATE <br />Lift Station and Lift Station Number 14. <br /> NOW, THEREFORE, the Parties agree as follows: <br /> 1. CONSTRUCTION, OPERATION, MAINTENANCE AND REPAIR COSTS. <br /> <br />(a) STATE has hired the City’s system integration consultant InControl Inc. to <br />develop plans and specifications to provide for a communication and control connection between <br />Lift Station 14 and the STATE Lift Station (“Improvements”) and submit said plans and <br />specifications to the City for review and approval. City approval shall not be unreasonably <br />withheld.