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ORDERLY SERVICE TERRITORY TRANSFER AGREEMENT <br /> Between <br /> WRIGHT-HENNEPIN COOPERATIVE ELECTRIC ASSOCIATION <br /> And <br /> ELK RIVER MUNICIPAL UTILITIES <br /> This agreement entered into this day of June, 2017, (the "Agreement") <br /> between Wright-Hennepin Cooperative Electric Association, a Minnesota rural <br /> electric cooperative association pursuant to Minnesota Statutes Chapter 308A <br /> (the "Cooperative"), and Elk River Municipal Utilities, a Minnesota municipal <br /> utility pursuant to Minnesota Statutes Section 412.321 (the "Municipal") (each <br /> a "Party," and collectively, the "Parties"). <br /> RECITALS <br /> A. Under Minnesota law, Minnesota Statutes, Sections 216B.37 — <br /> 216B.47, each Party has the exclusive right to provide electric service within its <br /> assigned electric service area. <br /> B. Minnesota Statutes, Sections 216B.37 - 216B.47, also authorize <br /> and permit electric utilities to define and revise their electric service territories <br /> by their written consent and agreement. <br /> C. The Parties wish to modify their assigned service areas as follows: <br /> (1) permanently transferring 7 lots in the Mississippi Cove development that is <br /> currently in the Municipal's assigned service area to the Cooperative ("Area 1" <br /> or "Cooperative Transfer Area"), and (2) permanently transferring 11 lots in <br /> the Wild Flower Villas development that is currently in the Cooperative's <br /> assigned service area to the Municipal ("Area 2" or "Municipal Transfer Area"). <br /> An overview of these two areas is provided in the map attached hereto as <br /> Exhibit A. (the foregoing exchange of service territory rights is referred to <br /> herein as the "Exchange") <br /> D. The Cooperative currently provides electric service to the 7 lots in <br /> the Cooperative Transfer Area. The Parties have authorized the Municipal to <br /> provide electric service to the Municipal Transfer Area, and the Municipal is <br /> currently providing temporary service to one building. <br /> E. The Parties wish to set forth the terms and conditions of their <br /> agreement for the Exchange, and to cause a joint petition pursuant to Minn. <br /> Stat. § 216B.39, subd. 3 to be filed with the Commission to change the electric <br /> 1 <br /> 38 <br />