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• <br />biofiltration BMPs including, but not limited to, vegetated swales, rain gardens and filtration <br />features, will be inspected annually to ensure structural integrity, proper fiinction and <br />treatwent effectiveness. If, after the first two annual inspections, maintenance or sediment <br />removal is not required then the frequency will be reduced to once every two (2) years. <br />Should a subsequent inspection indicate the need for sediment removal or maintenance, the <br />inspection schedule will revert to annual inspections following the completion of the <br />maintenance work. If after the first two post -maintenance annual inspections, no additional <br />maintenance or sediment removal is requited, then the inspection firquency will be reduced <br />to once every two (2) years. <br />c. Proprietary devices will be inspected per va nu&ctuter/installer recommendations, and at <br />least annually. <br />d. All inspections will occur at a time that allows CITY to determine if the facility is <br />functioning as designed. <br />e. In addition, CITY will respond promptly to notice from the RCWD that a facility may <br />require inspection or maintenance. Within one month of notice, CITY will inspect and <br />advise the RCWD on the results of the inspection. <br />2. CITY will maintain, repair aid replace BMPs when inspection indicates this is nemsary to <br />restore design performance. Maintenance necessity will be as reconuneuded in Minnesota <br />Stormwater Manual guidance. CITY will complex work within six (6) months of inspection, except <br />that periodic sediment removal from basins will be completed within eighteen (IS) months of <br />inspection. Alternatively, an RCWD-approved maintenance schedule may be used as a work <br />timeline. <br />3. CITY will submit a copy of its MS4 permit annual report to the RCWD at the same time <br />that it is required to be submitted to the MPCA, with any supplement as needed to btiefly describe <br />dates, locations and descriptions of inspection and maintenance activities. <br />4. RCWD permits for specific projects may contain additional inspection and nmainxnance <br />conditions as the RCWD may find warranted under the circumstances of a specific pertnit. <br />S. If CM conveys into private ownership a fee interest in any property that has become <br />subject to this Agement, it shall require as a condition of salt, and enforce: (a) that the purchaser <br />record a declaration on the properly incorporating the stormmwater management facility maintenance <br />requirements of this .Agreement; and (b) that recordation occur either before any encumbrance is <br />recorded on the property or, if after, only as accompanied by a subordination and consent executed <br />by the encumbrance holder ensuring that the declaration will run with the land in perpetuity. If <br />CITY conveys into public ownership a fee interest in any property th%it has become subject to this <br />Agreement; it shall require as a condition of the purchase and sale agreement that before closing, the <br />purchaser execute an agreement with the RCWD assuming the obligations of this agreement and <br />releasing CITY from same. <br />6. 'This Agreement may be amended only in a writing signed by the parties. <br />7. This Agreement is in force for five years from the date on which it is fiilly executed and will <br />renew automatically for five-year terms unless terminated. Either party may terminate the <br />Pq <br />29 <br />