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2. If the Permittee conveys into private ow nership a fee interest in all or any portion <br />of the public property that is subject to this Agreement, it must require as a condition <br />of sale, and enforce: (a) that the purchaser record a declaration on the property <br />incorporating the stormwater management facility maintenance requirements of the <br />Agreement; and (b) that recordation occur either before any encumbrance is recorded <br />on the property or, if after, only as accompanied by a subordination and consent <br />executed by the encumbrance holder ensuring that the declaration will run with the <br />land in perpetuity. If the Permittee conveys into public ownership a fee interest in all <br />or any portion of the property that is subject to this Agreement, it must require as a <br />condition of the purchase and sale agreement that the purchaser accept an assignment <br />of all obligations vested under this Agreement. <br /> <br />3. This Agreement is in force for five years from the date on which it is fully <br />executed and will renew automatically for five-year terms unless terminated by the <br />parties. This Agreement may be amended only in writing signed by the parties. <br /> <br />4. The recitals are incorporated as a part of this Agreement. <br /> <br />IN WITNESS WHEREOF, the parties hereto have executed the Agreement. <br /> <br />RICE CREEK WATERSHED DISTRICT  <br /> <br /> <br />By_______________________________ Date:________________ <br /> District Administrator  <br /> <br />CITY OF ROSEVILLE, MINNESOTA  <br /> <br /> <br />By_______________________________ Date:________________ <br /> <br /> Its_________________________ <br />