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