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2 TW185\1\1015695.v4 <br />E. The Owner has provided plans for construction of certain infrastructure to manage the <br />stormwater (the “Plans”); and <br /> <br />F. The Plans, which are expressly made a part hereof, as approved or to be approved by <br />the City, provide for conveyance, piping, detention and infiltration stormwater facilities (collectively <br />“Stormwater Facilities”) and as generally depicted on Exhibit A attached hereto; and <br /> <br />G. The City, the Owner, and the County agree that the health, safety, and welfare of the <br />residents of the City of Arden Hills, Minnesota, require that on-site stormwater management facilities <br />be constructed and maintained; and <br /> <br />H. The City requires that the Stormwater Facilities as shown on the Plans be constructed <br />and adequately maintained and repaired by the Owner as a condition of final approval of the Plans. <br /> <br />NOW, THEREFORE, in consideration of mutual covenants of the parties set forth herein and <br />other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties <br />agree as follows: <br />1. Construction of Stormwater Facilities. Owner shall construct, inspect and maintain <br />the Stormwater Facilities in accordance with the approved plans and specifications identified in the Plan. <br />Inspection shall be performed by a City approved or appointed engineering consultant, including weekly <br />inspection reports. <br /> <br />2. Maintenance of Stormwater Facilities. <br /> <br />A. The Owner shall adequately maintain the Stormwater Facilities in accordance with the <br />Stormwater Maintenance Plan for stormwater treatment facilities attached hereto as Exhibit B and City <br />engineering standards. This includes all pipes, channels, and other conveyances built to convey <br />stormwater for the facility, as well as all structures, improvements, and vegetation provided to control <br />the quantity and quality of the stormwater. Adequate maintenance is herein defined as good working <br />condition so that these facilities are performing their design functions for the life of the system. <br /> <br />B. The Owner will perform the work necessary to keep these Stormwater Facilities in <br />good working order as appropriate. Inspection, reporting and maintenance of the Stormwater Facilities <br />shall conform to the BMP Maintenance Requirements, included in the attached Exhibit B. The schedule <br />will be followed and comply with all federal, state, and local regulations relating to the disposal of <br />material. <br /> <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 for review and approval (such approval <br />not to be unreasonably withheld) and shall be responsible for the payment of any associated costs for <br />the life of the Facility. The purpose of the inspection is to assure safe and proper functioning of the <br />Stormwater Facilities. The inspection shall cover the entire facilities, berms, outlet structure, sump <br />treatment structure, pond areas, access routes, buffers, pipes, manholes and flared ends within the County <br />Property. Deficiencies shall be noted in the inspection report and compiled within a punch list. The <br />Stormwater Facilities will not be considered acceptable until all punch list items have been addressed <br />and approved by the City. If the required annual inspection report is not submitted to the City by