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2 <br /> <br />3. If the Permittee conveys into private ownership a fee interest in all or any portion of <br />the public property that is subject to this Agreement, it must require as a condition of <br />sale, and enforce: (a) that the purchaser record a declaration on the property <br />incorporating the stormwater management facility maintenance requirements of this <br />Agreement; and (b) that recordation occur either before any encumbrance is recorded <br />on the property or, if after, only as accompanied by a subordination and consent <br />executed by the encumbrance holder ensuring that the declaration will run with the <br />land in perpetuity. If the Permittee conveys into public ownership a fee interest in all <br />or any portion of the property that is subject to this Agreement, it must require as a <br />condition of the purchase and sale agreement that the purchaser accept an assignment <br />of all obligations vested under this Agreement. <br /> <br />4. This Agreement is in force for five years from the date on which it is fully executed <br />and will renew automatically for five-year terms unless terminated by the parties. This <br />Agreement may be amended only in a writing signed by the parties. <br /> <br />5. The recitals are incorporated as a part of this Agreement. <br /> <br />IN WITNESS WHEREOF, the parties hereto have executed this Agreement. <br /> <br />RICE CREEK WATERSHED DISTRICT <br /> <br />By _______________________________ Date: <br /> RCWD Administrator, Phil Belfiori <br /> <br />C ity of Arden Hills <br /> <br />By: _______________________________ Date: <br /> Its ________________________ <br /> <br />APPROVED AS TO FORM and EXECUTION <br /> <br />By: ________________________________ Date: <br /> Its Attorney <br /> <br /> <br />Exhibit A <br />CONSTRUCTION PLANS