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1 <br />MAINTENANCE AGREEMENT <br />Stormwater Management Facilities <br /> <br />Rice Creek Watershed District and Arden Hills <br /> <br /> <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 of the laws of the State of <br />Minnesota (RCWD), and the City of Arden Hills (“City”), a statutory city and <br />political subdivision of the State of Minnesota. <br /> <br />Recitals and Statement of Purpose <br /> <br />WHEREAS pursuant to Minnesota Statutes § 103D.345, the RCWD has adopted <br />and implements Rule C, Stormwater Management Plans, and in accordance <br />therewith has approved Permit 17-033 in the name of permittee [Health <br />Partners Medical Group]; <br /> <br />WHEREAS Rule C imposes an obligation for perpetual maintenance of <br />stormwater management facilities, which obligation must be memorialized by a <br />recorded maintenance declaration or, for facilities on public property, by a <br />maintenance agreement with the property owner; <br /> <br />WHEREAS in this case the permittee will meet this obligation through the <br />commitment of the City to maintain the stormwater management facilities <br />located on permittee’s property, which commitment is made to allow for <br />issuance of Permit 17-033 for the mutual benefit of the City and the permittee; <br /> <br />WHEREAS to ensure the City’s ability to maintain the stormwater management <br />facilities in accordance with this Agreement, permittee separately is conveying <br />to the City the right, in perpetuity, to enter, re-enter and occupy permittee’s <br />property for that purpose; <br /> <br />WHEREAS the City and the RCWD execute this Agreement to fulfill the condition <br />of Permit 17-033, and concur that it is legally binding and rests on mutual <br />valuable consideration. <br />