7D, Motion to Approve Lift Station Agreement with Prys Homes

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AGR.EE.MENT 1.0. PARTIES. THIS AGREEM.EN'I' is nlade and entered into to be effective the ~ day of , 2009 by and between the City of Arden H.ills, a Minnesota statutory city (the "City") and Presbyterian Homes of Arden Hills, Inc., a Millnesota no.n-profit corporation ("Presbyterian Homes"). 2.0 RECITALS. A. The City OWllS and operates a sanitary sewer system consisting of sanitary sewer mains~ lift stations and appurtenances. B. Lift Station No.7 is a part of the City's sanitary sewer system. c. The City's sanitary sewer regulations prohibit property owners froIn dischargin.g cloth, rags and similar m.aterials ("Objectionable Materials") into the City's sanitary sewer systen1~ or in the alternative, permit the City, at the sole cost of the property owner, to install and mail1tain traps, grin.ders, and/or interceptors within the private sanitary sewer system of th.e offending property owner. D. Presbyterian Homes owns and operates a facility whose occupants discharge Objection.able Materials into the City's sanitary sewer system. E. The Objectionable Materials and other sewage flow from the Presbyterian Homes facility to Lift Station No. 7 where the Objectionable Materials and sewage are pumped to a higher elevation an.d eventually flow by gravity to the Metropolitan sanitary sewer interceptor. F. The Objectionable Materials have clogged the .pumps in Lift Station No.7; have required th.e City to incur abnormal Inaintenance expenses; and have reduced the useful life of th.e pumps. All of the above factors have resulted in the recent replace.ment of two 10-horse power chopper pUlnps with two 10 horse power submersible pumps which., according to the City Engineer, need to be utilized in conjunction with an inline grinder in order to adequ.ately handle the Objectionable Materials. G. The City has determined t.hat the installation of an inline grinder located either within Lift Station No.7 or within a portion of the private sanitary sewer system on the property of Presbyterian .Homes, is necessary to resolve th.e problems created by t]le discharge of Objectionable Materials froIn the Presbyterian Homes facilities. IJ. Presbyterial1 Hom.es intends to constnlct an improvenlent project ("Improvem.ent Project"), at a future date, and has indicated that it would prefer not to install an inlille grinder on its own property until such Improvement Project is COllstructed. The City has agreed to the installation of an inline grinder withill Lift Station No. 7 pursuant to the term.s of this agreement.