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biofiltration BMPs including, but not limited to,vegetated swales, rain gardens and filtration <br /> features,will be inspected annually to ensure structural integrity, proper function and <br /> treatment 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 required, then the inspection frequency will be reduced <br /> to once every two (2) years. <br /> c. Proprietary devices will be inspected per manufacturer/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 and replace BMPs when inspection indicates this is necessary to <br /> restore design performance. Maintenance necessity will be as recommended in Minnesota <br /> Stormwater Manual guidance. CITY will complete work within six (6) months of inspection, except <br /> that periodic sediment removal from basins will be completed within eighteen (18) 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 briefly describe <br /> dates, locations and descriptions of inspection and maintenance activities. <br /> 4. RCWD permits for specific projects may contain additional inspection and maintenance <br /> conditions as the RCWD may find warranted under the circumstances of a specific permit. <br /> 5. If CITY conveys into private ownership a fee interest in any property that has become <br /> subject to this Agreement, it shall require as a condition of sale, and enforce: (a) that the purchaser <br /> record a declaration on the property incorporating the stormwater 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 that 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 fully executed and will <br /> renew automatically for five-year terms unless terminated. Either party may terminate the <br /> 2 <br /> 21 <br />