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AGREEMENT REGARDING WATERSHED MAINTENANCE AGREEMENT <br /> <br /> <br /> THIS AGREEMENT REGARDING WATERSHED MAINTENANCE <br />AGREEMENT (this “Agreement”) is made and entered into as of the ______ day of <br />_____________, 2021, by and between AHSL PARTNERS LLC, a Minnesota limited liability <br />company (“AHSL”) and the CITY OF ARDEN HILLS, a Minnesota municipal corporation (the <br />“City”). <br /> <br />RECITALS <br /> <br />A. AHSL is the fee owner of certain real property located in Ramsey County, <br />Minnesota, legally described on Exhibit A attached hereto (the "AHSL Property"); and <br /> <br /> B. The City is the fee owner of certain real property located in Ramsey County, <br />Minnesota, legally described in Exhibit B attached hereto (the “City Property”) (the AHSL <br />Property and City Property are collectively referred to as the “Properties”); and <br /> <br />C. AHSL plans to construct and maintain a biofiltration system on the City Property <br />(“Basin”) pursuant to that certain Amended and Restated Stormwater and Recreational Facilities <br />Operation, Maintenance and Easement Agreement dated ______________, 2021 and recorded on <br />___________, 2021 in the Office of the County Recorder in and for Ramsey County, Minnesota, <br />as Document No. _______________ (the “OEM”). <br /> <br />D. The Rice Creek Watershed District, a watershed district with purposes and powers <br />set forth at Minnesota Statutes Chapters 103B and 103D and a drainage authority pursuant to <br />chapter 103E of the laws of the State of Minnesota, (“RCWD”) has required that the City and <br />RCWD enter into that certain Maintenance Agreement – Stormwater Management Facilities – <br />Between the Rice Creek Watershed District and City of Arden Hills, dated _______________, <br />2021 (the “Watershed Maintenance Agreement”). <br /> <br />E. The parties desire to have AHSL perform all of the City’s maintenance and payment <br />obligations set forth in the Watershed Maintenance Agreement in accordance with the terms of <br />this Agreement. <br /> <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 /> <br />1. Performance of Maintenance Obligations. AHSL hereby agrees to perform all of the <br />inspection and maintenance obligations set forth in Sections 2, 3, and 4 of the Watershed <br />Maintenance Agreement in accordance with the terms of the Watershed Maintenance Agreement. <br />Owner shall construct the Stormwater Facilities in accordance with the plans. <br /> <br />2. Performance of Payment Obligations. Provided the City promptly delivers to AHSL a copy <br />of any notice delivered by RCWD to the City pursuant to Section 5 of the Watershed Maintenance