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MAINTENANCE AGREEMENT <br />Stormwater Management Facilities <br />Between the Rice Creek Watershed District and <br />the City of New Brighton, MN <br />This Maintenance Agreement ( "Agreement ") is made by and between the Rice <br />Creek Watershed District, a watershed district with purposes and powers set <br />forth at Minnesota Statutes Chapters 103B and 103D and a drainage authority <br />pursuant to chapter 103E of the laws of the State of Minnesota, (RCWD), and the <br />City of New Brighton, MN ( "Permittee "). <br />Recitals and Statement of Purpose <br />WHEREAS pursuant to Minnesota Statutes § 103D.345, the RCWD has <br />adopted and implements Rule C, Stormwater Management Plans; <br />WHEREAS Rule C imposes certain requirements, which the Permittee will <br />meet in this case by constructing and maintaining stormwater management <br />facilities as identified on the site plan incorporated into this Agreement as <br />Exhibit A; <br />WHEREAS in accordance with Rule C, the Permittee's obligation to <br />maintain these stormwater facilities must be memorialized by a recorded <br />maintenance declaration or, alternatively, a maintenance agreement establishing <br />the Permittee's perpetual maintenance obligation; <br />WHEREAS the Permittee and the RCWD execute this Agreement to fulfill <br />the condition of ongoing and previously permitted projects, and concur that it is <br />binding and rests on mutual valuable consideration; <br />THEREFORE: <br />1. The Permittee, at its cost, will inspect and maintain the stormwater <br />management facilities delineated and labeled on Exhibit A as follows: <br />• Filtration Basin <br />• Anoka Coop Pond <br />• Phase I Pond <br />