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't <br />! . <br />STORMWATER FACILITY MAINTENANCE AGREEMENT <br />THIS MAINTENANCE AGREEMENT is made as of Septatnber- , 1997, <br />by and between James G. Fullenon III and Robert A. Stein, Trustees of the Elizabeth l! <br />Fullerton Revocable Trust U/A dated 1/4/85, as amended, with Elizabeth L. Fullerton, <br />^ donor (the "Applicant"), and the Minnehaha Creek Watershed Distria (the <br />MCWD"), to provide for the maintenance of the stormwater facilities to be constructed <br />pursuant to Minnehaha Creek Watershed District permit application number 96-278. <br />RECITALS: <br />A. Applicant has applied for a permit from the MCWD pursuant to MCWD <br />Rule B. A copy of the application is attached hereto as Attachment 1. <br />B. The property which is the subjea of this Agreement is legally described as <br />Lots 1 through 5, and Outlot A, Block 1, Fullerton Estates, Hennepin County, <br />Minnesota. <br />C. The stomw-ater facilities contemplated hereby are a stormwater retention <br />and treatment basin which is to be constructed within the "Drainage easement" area <br />depicted on Exhibit A hereto. <br />D. MCWD Rule B provides, "A maintenance agreement shall be submitted for. <br />stormwater treatment ponds, outlet structures for such ponds, culverts, outfall structures <br />and all other stormwater facilities. This maintenance agreement shall specify methods, <br />schedule and responsible parties for maintenance and must include at a minimum, the <br />elements contained in the District's Maintenance Agreement Form." <br />NOW, THEREFORE, it is mutually agreed by and between the parties as follows: <br />1. Applicant shall inspect or cause to be inspected the stormwater retention <br />and treatment basin at a minimum of once a year to determine if the basin's retention <br />^d treatment charaaeristics are adequate. A storage treatment basin will be considered <br />inadequate if sediment has deaeased the wet storage volume by one-half (‘/a) of its <br />original design volume. Based on this inspection, if the stormwater basin is identified <br />for sediment cleanout. Applicant shall restore the basin to its original design contours <br />within one year of the inspection date. <br />2. Applicant shall inspea or cause to be inspected the grit chambers, sump <br />catch basins, sump manholes, oudet structures, culverts, outfall struaures or other <br />stormwater facilities for the projea in the spring and fall of each year. Applicant shall <br />remove or cause to be removed ^1 sediment and debris during the inspections such that <br />the stormwater facilities operate as designed and permitted.