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EXAMPLE AGREEMENT (REGARDING STORM WATER MANAGEMENT PRACTICES WATER QUALITY TREATMENT POND) I. THIS AGREEMENT made this ______ day of _____, 200__ by and among the City of Arden Hills, Minnesota (hereinafter referred to as the “City”) and, ______________________, a __________ corporation (hereinafter referred to as “_____________________________”) with reference to the following facts and circumstances: A. (*) is the fee owner of certain real property situated in the City of __________________, legally described as follows: (Legal) , (*) CAPS ( ) (hereinafter referred to as the “Subject Property”). B. As a condition of its approval of the development for the Subject Property, the City of Arden Hills has required that the parties hereto enter into an agreement, which makes provision for the maintenance of the Storm Water Management Practice located within the boundaries of the Subject Property as the same is described and depicted in those certain construction plans drawn by ________________________, approved by the City and constructed by ________________________. The Storm Water Management Practice is located in the platted drainage and utility easement in ____________________________. C. The parties hereto desire to set forth their agreement with respect to the maintenance of the Storm Water Management Practice and the costs of such maintenance. II. NOW THEREFORE, in consideration of the foregoing facts and circumstances, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto hereby agree as follows: A. For the purposes of this Agreement, maintenance of the Storm Water Management Practice shall mean the annual inspection and certification by a qualified individual that the pond is functioning in accordance with the approved plans and, if necessary, the periodic dredging of the silt buildup in the Storm Water Management Practice as necessary to maintain function, as established for the Storm Water Management Practice in the construction plans and to maintain the proper operation of the treatment function of the Storm Water Management Practice. B. (*) shall be solely responsible for the maintenance of the Storm Water Management Practice, and shall bear all costs of such maintenance, until such time as ________________________ (hereinafter referred to as the “Association”) is activated pursuant to Article _________________, Section ________________, of the Declaration of Covenants for _________________________, whereupon the Association shall bear the sole responsibility for such maintenance and shall bear all costs of such maintenance. If (*) , or after its Dr a f t 11 / 2 0 / 2 0 1 7