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2 <br />203267v1 <br />stormwater facilities, as well as the construction and maintenance of a trail with a minimum of six <br />recreational stations, and a fire lane (collectively “Facilities”), as generally depicted on Exhibit C <br />attached hereto; provided, however said final Plans, as approved or to be approved by the City <br />shall govern; and <br />E. The City and the Owner agree that the health, safety, and welfare of the residents <br />of the City of Arden Hills, Minnesota, require that the on-site stormwater management facilities <br />included within the Facilities (the “Stormwater Facilities”) be constructed and maintained on the <br />City PropertyProperties, as well as the construction and maintenance of the remainder of the <br />Facilities; and <br />F. The City requires that the Stormwater Facilities as shown on the Plans be <br />constructed and adequately maintained by the Owner as a condition of final approval of the Plans. <br />G. The City requires that the Non-Stormwater Facilities as shown on the Plans be <br />constructed by the Owner at the Owner’s cost and maintained by the City at the City’s cost, subject <br />to the terms set forth herein, as a condition of final approval of the Plans. <br />NOW, THEREFORE, in consideration of mutual covenants of the parties set forth herein <br />and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the <br />parties agree as follows: <br />1. Construction of Stormwater Improvements. Owner shall construct the <br />Stormwater Facilities in accordance with the plans and specifications identified in the Plans. <br />2. Maintenance of Stormwater Improvements. <br />A. The Owner shall adequately maintain the Stormwater Facilities in accordance with <br />the Stormwater Maintenance Plan and the City engineering standards for stormwater treatment <br />facilities attached hereto as Exhibit E. This includes all pipes, channels, and other conveyances <br />built to convey stormwater to the facility, as well as all structures, improvements, and vegetation <br />provided to control the quantity and quality of the stormwater. Adequate maintenance is herein <br />defined as good working condition so that these facilities are performing their designed functions. <br />B. The Owner will perform the work necessary to keep these Stormwater Facilities in <br />good working order as appropriate. In the event a maintenance schedule for the Stormwater <br />Facilities (including sediment removal) is outlined on the approved plans, the schedule will be <br />followed and comply with all federal, state, and local regulations relating to the disposal of <br />material. <br />3. Inspection and Reporting. The Owner shall cause the Stormwater Facilities to be <br />inspected and submit an inspection report annually to the City and shall be responsible for the <br />payment of any associated costs. The purpose of the inspection is to assure safe and proper <br />functioning of the facilities. The inspection shall cover the entire Stormwater fFacilities, <br />including, without limitation,berms, outlet structure, pond areas, access roads, buffers, etc. <br />Deficiencies shall be noted in the inspection report. A storage treatment basin will be considered