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MANdTENANCE AGREEMENT <br />Stormwater Management FaciilBes <br />Between the Rice Creek Watershed district and <br />[NAME OF PERMITTEE) <br />This Maintenance Agreement CAgreemenr) is made by and between the Rios Creek <br />Watershed District, a watershed district with purposes and powers set forth at Minnesota <br />Statutes Chapters 1038 and 103D and a drainage authority pursuant to chapter 103E of <br />the laws of the State of Minnesota, (RCWD), and [NAME AND DESCRIPTION OF <br />PUBLIC ENTITY WITH WHICH AGREEMENT IS TO BE MADE] ("Permittee'). <br />Recitals and Statement of Purpose <br />WHEREAS pursuant to Minnesota Statutes § 103D.345, the RCWD has adopted <br />and implements Rule C, Stornwater Management Plans; <br />WHEREAS Rule C Imposes certain requirements, which the Permittee will meet <br />in this case by constructing and maintaining stormwater management facilities as <br />identified on the site plan incorporated into this Agreement as Exhibit A; <br />WHEREAS In accordance with Rule C and as a condition of Permit <br />the Permittee's obligation to maintain these stormwater facilities must be memorialized <br />by a recorded maintenance declaration or, alternatively, a maintenance agreement <br />establishing the Permitbee's perpetual maintenance obligation; <br />WHEREAS the Permittee and the RCWD execute this Agreement to fu#gl tine <br />condition of Permit . and concur that it is binding and rests on mutual val ueNe <br />consideration; <br />THEREFORE: <br />i. The Permittee, at its cost, will inspect and maintain the st wnwaier management <br />facilities delineated and labeled on Exhibit A as follows: [LIST FACILITIES AS LABELED <br />ON THE EXHIBIT). The Permittee will: <br />a. Obtain certified as -built contours for all ponds and inspect the ponds, and <br />associated outlet structures, culverts and outfall structures one year and two <br />years after the completion of as -bum, including measuring sediment <br />accumulation by a method accurate to within one vertical foot. Thereafter, the <br />Permittee will perform inspections in the fifth year after pond completion and <br />every five years thereafter. If inspections show that sediment may aocumuhft to <br />50 percent of wet storage volume, or 25 percent of dry detention volume, within <br />Ins than five years, the Permittee will Inspect more frequently. Pond function <br />will be considered Inadequate if sediment accumulation has decreased the wet <br />storage volume by 50 percent or dry detention volume by 25 percent, and the <br />Permittee will restore the basin to its original design elevations and dimensions <br />and restore vegetation in disturbed areas within one year of the inspection date. <br />b. Inspect stormwater infiltration and fi tration basins, including rain gardens, <br />annually, to preserve We storage capacity at or above the design volume. <br />/�j <br />23 <br />