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. <br /> STORMWATER MAINTENANCE <br /> AND EASEMENT AGREEMENT <br /> THIS AGREEMENT is made and entered into as of the i L/ day of ictriA,ary , <br /> 201°I ,by and between WILLIAM M.DUNKLEY and SUSAN K.DUNKLEY,husband and wife <br /> (collectively, the "Landowner") and the CITY OF ORONO, a Minnesota municipal corporation <br /> (the "City"). <br /> RECITALS <br /> A. The Landowner and/or affiliate of Landowner is the owner of certain real property <br /> located in Hennepin County, Minnesota legally described in Exhibit A attached hereto <br /> ("Property"); and <br /> B. The Landowner is proceeding to build on and develop the Property, and has <br /> requested approval of the site plan for the proposed development; and <br /> C. The final plans for the PENCE LANE ADDITION,hereinafter called the "Plans",which <br /> are expressly made a part hereof, as approved or to be approved by the City, provides for <br /> stormwater management within the confines of the Property; and <br /> D. The City and the Landowner agree that the health, safety, and welfare of the <br /> residents of the City of Orono, Minnesota, require that on-site stormwater management/BMP <br /> facilities be constructed and maintained on the Property; and <br /> E. The City requires that on-site stormwater management/BMP facilities <br /> ("Stormwater Facilities") as shown on the Plans be constructed and adequately maintained by the <br /> Landowner as a condition of final site plan approval of Lots 1 and 2 as set forth on Exhibit B <br /> attached hereto; and <br /> F. As a condition of final site plan approval the Landowner is required to enter into this <br /> Agreement and grant to the City an easement for access, drainage and utility over a portion of the <br /> Property(the"Easement Area")depicted on Exhibit B attached hereto to comply with work required <br /> under the terms of this Agreement. <br /> NOW, THEREFORE, in consideration of mutual covenants of the parties set forth herein <br /> and other valuable consideration,the receipt and sufficiency of which are hereby acknowledged,the <br /> parties agree as follows: <br /> 1. Construction of Stormwater Improvements. Landowner shall construct the <br /> Stormwater Facilities in accordance with the plans and specifications identified in the Plans. <br /> 1 <br /> 199945v1 <br />