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1 2 3 4 5 6 7 8 9 10 11 12 13 14 Attachment A CONTRACT NO. MEMORANDUM OF AGREEMENT for MAINTENANCE OF STORMWATER MANAGEMENT FACILITIES AN AGREEMENT, dated this of , 2009, by and between the CAPITOL REGION WATERSHED DISTRICT hereinafter called the "DISTRICT ", and the CITY OF ROSEVILLE, Minnesota hereinafter called the "CITY ". WHEREAS, the DISTRICT requires the installation and maintenance of new stormwater management facilities for projects disturbing over one acre in its DISTRICT Rules; and WHEREAS, the CITY Public Works Department is required to construct new stormwater management facilities according to the DISTRICT Rules for CITY Public Works' projects, including street reconstruction projects; and WHEREAS, the CITY is required to enter into an agreement to maintain the newly constructed stormwater management facilities under Rule C Section 3.(e) of the DISTRICT Rules; and NOW, THEREFORE, in consideration of the mutual terms and conditions hereinafter set forth, the DISTRICT and the CITY agree as follows: SECTION 1. Definitions a) Stormwater Management Facilities means the devices constructed as a part of Public Work's projects to meet the DISTRICT's rules. SECTION 2. City Obligations The CITY shall maintain the stormwater management facilities in working condition and in accordance with the schedule of long term maintenance activities agreed to, as follows: a) Establish an inventory of stormwater management facilities, which will be updated annually. b) Inspect stormwater management facilities annually or according to manufacturer's specification where appropriate. c) Maintain all stormwater management facilities as necessary to preserve the integrity and intended function of the facility, and where applicable in accordance with the recommendations of the State of Minnesota Stormwater Manual, or as amended. SECTION 3. Entire Agreement It is understood and agreed that this Agreement constitutes the entire Agreement between the parties, and that it supersedes all oral agreements and negotiations between the parties relating to the subject matters hereof. This Agreement may be amended only by written agreement of the parties. 45 SECTION 4. Termination Either party may terminate this Agreement after 30 days written 46 notice to the other party. Termination of this agreement does not relieve the CITY from the obligations 47 it may have under laws, rules, ordinances and regulations to properly maintain stormwater management 48 facilities.