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STORMWATER MAINTENANCE AGREEMENT THIS AGREEMENT is made and entered into as of the 2A day of JU.VLP/ , 2011, by and between CPE Exchange 33968, LLC, a Minnesota limited liability company, (the "Owner") and the CITY OF ORONO, a Minnesota municipal corporation(the "City"). WITNESSETH: WHEREAS, the Owner is developing certain real property located in the Hennepin County, Minnesota, legally described on Exhibit A attached hereto (the "Property"); and WHEREAS, the Owner has granted to the City a drainage and utility easement over a portion of the Property (the "Easement Area") legally described on Exhibit B attached hereto; and WHEREAS, the Owner intends to construct within the Easement Area certain stormwater improvements (the"Stormwater Improvements") for the benefit of the Property; and WHEREAS, the City has entered into an agreement with the Owner for the construction and maintenance of the Stormwater Improvements; and WHEREAS, the Minnehaha Creek Watershed District requires permanent provisions for handling of storm runoff, including provisions for operation and maintenance of all stormwater runoff facilities and ponds, and such provisions are to be set forth in an agreement to be recorded in the real estate records; and WHEREAS, the City and the Owner intend to comply with certain conditions, including entering into a maintenance agreement regarding the Stormwater Improvements; NOW, THEREFORE, in consideration of mutual covenants of the parties set forth herein and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Maintenance of the Stormwater Improvements. The Owner and its successor or assigns as fee owner of the Property shall be responsible for maintaining the Stormwater Improvements and for observing all drainage laws governing the operation and maintenance of the Stormwater Improvements. The Owner shall provide the City with a schedule acceptable to 1