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AMENDMENT TO JOINT AND COOPERATIVE AGREEMENT FOR THE <br />ESTABLISHMENT OF THE LOWER RUM RIVER WATERSHED MANAGEMENT <br />ORGANIZATION TO PLAN, CONTROL AND PROVIDE FOR THE DEVELOPMENT OF <br />THE LOWER RUM RIVER WATERSHED <br />THIS AMENDMENT is made and entered into as of the date of execution by all of the <br />cities of Andover, Anoka, Coon Rapids and Ramsey, Minnesota (hereinafter collectively referred <br />to as the "Parties"). <br />WITNESSETH: <br />WHEREAS, the Parties have entered into a Joint Powers Agreement, effective September <br />5, 1995, entitled the JOINT AND COOPERATIVE AGREEMENT FOR THE <br />ESTABLISHMENT OF THE LOWER RUM RIVER WATERSHED MANAGEMENT <br />ORGANIZATION TO PLAN, CONTROL AND PROVIDE FOR THE DEVELOPMENT OF <br />THE LOWER RUM RIVER WATERSHED (the "Joint Powers Agreetnent"); and <br />WHEREAS, the Joint Powers Agreement established the Lower Rum River Watershed <br />Management Commission (the "Commission"), a watershed management organization pursuant <br />to and in accordance with the Metropolitan Surface Water Management Act, Minn. Stat. § <br />10311201, et.secu, and Minn. Stat. § 471.59; and <br />WHEREAS, the Joint Powers Agreement expired by its terms on January 1, 2005; and <br />WHEREAS, the Commission has continued to act and exercise its powers and duties as a <br />watershed management organization, notwithstanding the expiration of the Joint Powers <br />Agreement; and <br />WHEREAS, the Parties have indicated an intent that the Commission continue to act as a <br />watershed management organization for the Lower Rum River Watershed and to continue to do <br />so in the future; and <br />WHEREAS, the Parties have ratified the acts of the Commission from January 1, 2005 to <br />the effective date of this Amendment. <br />NOW, THEREFORE, on the basis of the premises and mutual covenants and agreements <br />hereinafter set forth, the Parties agree as follows: <br />1. The Commission shall continue in existence effective January 1, 2005 until the <br />terminalion of the Commission in accordance with the terms of the Joint Powers Agreement, <br />2. All acts of the Commission from January 1, 2005 to the effective date of the <br />Amendment to the Joint Powers Agreement are approved, confirmed and ratified in all respects <br />by the Parties, acting through their City Councils. <br />1 <br />Page A-18 <br />