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SToRNIWATER FACILITY MAINTENANCE AGREEMENT This maintenance agreement is made this 18th day of April, 1997, by and between KingsbridQe Properties, Inc., hereinafter referred to as "Applicant," and the ,Minnehaha Creek Watershed District, hereinafter referred to as "MCNVD," to provide for the maintenance of the stormy{•iter facilities constructed pursuant to Minnehaha Creek Watershed District permit application number WHEREAS, Applicant has applied for a permit from the MCWD pursuant to 1\•ICWD Rule B, application attached hereto as Attachnment 1; and WHEREAS, the property which is the subject of this Agreement is legally described in Attachment 2 to this Agreement; and WEE EAS, MCWD Rule B provides, "A maintenance agreement shall be submitted for: storm water treatment ponds, outlet structures for such ponds, culverts, outfall structures and all other stormwater facilities. This maintenance agreement shall specify methods, schedule and responsible parties for maintenance and must include at a minimum, the elements contained in time District's Maintenance Agreement Form." NOW, THEREFORE IT IS MUTUALLY AGREED by and between the parties. 1. Applicant shall inspect the stormwater retention and treatment basin(s) at a minimum of once a vear to determine if the basin's retention and treatment characteristics are adequate. A storage treatment basin will be considered inadequate if sediment has decreased the Nvet storage volume by 1/2 of its original design volume. Based on this inspection, if the stormwater basin(s) is identified for sediment cleanout,Applicant shall restore the basin(s) to its original design contours witlmin one year of the inspection date. 2. Applicant shall inspect the grit chambers, sump catch basins sump manholes, outlet structures, culverts, outfall structures or other stormwater facilities for the project in the spring and fall of each year. Applicant shall remove all sediment and debris during the inspections such that the stormwater facilities operate as designed and permitted. 3. Violation of the inspection and/or maintenance provisions of this Agreement is a violation of the MCVdD permit for the project for which the MCWD may take action against Applicant. 4. This Agreement is binding on the Applicant and the Applicant's representatives, heirs, successors and/or assigns. In the event of a sale of the twelve (12) developed lots for the purpose of development of the property subject to this Agreement, this Agreement may be assigned to the purchaser and Applicant shall have no further obligations arisin- out of this Agreement.