5.4. ERMUSR 02-20-2007 - Laserfiche WebLink

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BROOKINGS-TWIN CITIES DEVELOPMENT PROJECT AGREEMENT THIS AGREEMENT is executed by and between the Central Minnesota Municipal Power Agency ("CMMPA" or "Agency"), which has heretofore been duly created and incorporated as a municipal corporation and a political subdivision of the State of Minnesota under provisions of the Minnesota Statutes, Chapter 453, Sections 453.51 to 453.62 (the "Act"), and the undersigned city of the State of Minnesota, the State of Iowa or other state of the United States of America or other party as permitted by the Act, which has executed this Agreement (the "Participant"). WHEREAS, CMMPA has duly executed and filed with the Secretary of State of the State of Minnesota an Agency Agreement originally executed on the lsc day of July, 1987, as restated on January 15, 1997 and August 11, 2004, as the same may be restated from time to time; and WHEREAS, CMMPA shall have all of the powers enumerated in the Act, including those in Section 453.54 of the Act, and in the exercise thereof shall be deemed to be performing an essential governmental function and exercising a part of the sovereign powers of the State of Minnesota; and WHEREAS, the Participant is a city defined in Subdivision (3) of Section 453.52 of the Act or is otherwise organized and authorized to be a Participant; and WHEREAS, CMMPA proposes to participate in the development of the Brookings-Twin Cities transmission project described in Attachment 1 hereto (the "Transmission Project"); and WHEREAS, the Participant has determined that, to meet the needs of its current and future customers, it is desirable to enter into this Agreement to pursue Development Work for the Transmission Project (the "Development Project"); and WHEREAS, the Midwest Municipal Transmission Group ("MMTG") with the other CapX 2020 participants entered into a "Transmission Project Memorandum of Understanding" dated [ ,] 2006, as amended, (the "Development Project MOU") pursuant to which the parties to that agreement have previously undertaken certain matters, actions and activities. The Transmission Project is one of several proposed transmission projects initially planned and coordinated through the CapX 2020 initiative process (the "CapX 2020 Projects"). The Transmission Project is being undertaken to assist in the maintenance of and enhance system reliability for electric customers in the upper Midwest region. The CapX 2020 Development Agreement will replace and supersede the Development Project MOU, as amended; and C:1Documents and Settings\Bryan\Local Settings\Temporary Internet Files\OLK53\Cap X Brookings 2-12-07 cJ clean.doc