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Res. #22-016 - Approving Land Use Documents for the Fairview Second Addition Plat
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Res. #22-016 - Approving Land Use Documents for the Fairview Second Addition Plat
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6/23/2022 9:27:19 AM
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MAINTENANCE AGREEMENT 4 <br />Waterbody/Channel Crossing <br />Between the Rite Creek Watershed District and 4/4;/Z/Zz <br />City of Centerville, Minnesota <br />This Maintenance Agreement ("Agreement") is made by and between the Rice Creek Watershed <br />District, a watershed district with purposes and powers set forth at Minnesota Statutes Chapters <br />103B and 103D and a drainage authority pursuant to chapter 103E of the laws of the State of <br />Minnesota (RCWD), and CITY OF CENTERVILLE, a Minnesota municipal corporation <br />("Permittee"). <br />Recitals and Statement of Purpose <br />WHEREAS pursuant to Minnesota Statutes § 103D.345, the RCWD has adopted and implements <br />Rule G, "Crossings of Natural & Artificial Conveyance Systems," and Rule I, "Drainage Systems"; <br />WHEREAS RCWD Rule G imposes certain requirements to ensure a structure placed in a <br />waterbody system is maintained to perform as designed; <br />WHEREAS as a part of the work approved under Permit 16-060, Permittee is installing a <br />structure within a waterbody system subject to requirements of RCWD Rule G. <br />WHEREAS in accordance with RCWD Rule G and as a condition of Permit 16-060, Permittee must <br />maintain the structure in perpetuity, and its obligation to do so must be memorialized by a <br />maintenance agreement; <br />WHEREAS Permittee and the RCWD execute this Agreement to fulfill this condition of Permit 16- <br />060, and concur that it is binding and rests on mutual valuable consideration; <br />THEREFORE: <br />1. Permittee, at its cost, will maintain the structure labeled on Exhibit A as Drainage Easement, <br />Culvert for Judicial Ditch 3. <br />2. Permittee will inspect the structure at least annually. <br />3. Permittee will maintain the structure in good repair to preserve hydraulic and navigational <br />capacity in accordance with RCWD-approved plans; provide for no net increase in flood stage <br />beyond that of RCWD-approved plans; avoid increased scour, erosion and sedimentation, water <br />quality impact and change to the existing flowline/gradient; and prevent conditions that <br />promote hydraulic or navigational obstruction. <br />4. Permittee will repair eroded or other unstable conditions resulting from the structure as <br />promptly as weather and seasonal conditions allow. <br />5. If the structure is not being maintained in accordance with this declaration, the RCWD may <br />give written notice detailing the deficiency. if the deficiency has not been corrected within <br />twenty (20) days after receipt of this notice, or arrangements deemed adequate by the RCWD <br />
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