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UU <br />STORMWATER FACILITY MAINTENANCE AGREEMENT <br />This maintenance agreement is made this day of , 199 , by <br />and between Orono Hockey Boosters Inc., hereinafter referred to as "Applicant", and the City <br />of Orono, hereinafter referred to as "City", to provide for the maintenance of the stormwater <br />facilities constructed pursuant to Minnehaha Creek Watershed District permit application number <br />96-80. <br />WHEREAS, Applicant has applied for a permit from the Minnehaha Creek Watershed District <br />("MCWD") pursuant to MCWD Rule B, application attached hereto as Attachment 1; and <br />WHEREAS, MCWD Rule B provides, "A maintenance agreement shall be submitted for: <br />stormwater treatment ponds, outlet structures for such ponds, culverts, outfall structures and all <br />other stormwater facilities. This maintenance agreement shall specify methods, schedule and <br />responsible parties for maintenance and must include at a minimum, the elements contained in <br />the District’s Maintenance Agreement Form. " <br />NOW, THEREFORE IT IS MUTUALLY AGREED by and between the parties <br />1. The city shall inspect the stormwater retention and treatment basin(s) at a minimum of <br />once a year to determine if the basin’s retention and treatment characteristics are adequate. A <br />storage treatment basin will be considered inadequate if sediment has decreased the wet storage <br />volume by 1/2 of its original design volume. Based on this inspection, if the stormwater basin(s) <br />is identified for sediment cleanout, the Applicant shall restore the basin(s) to its original design <br />contours within one year of the inspection date. <br />2. The City shall inspect the grit chambers, sump catch basins, sump manholes, outlet <br />structures, culverts, outfall structures or other stormwater facilities for the project in the spring <br />and tall of each year. The Applicant shall remove all sediment and debris identified during the <br />inspections such that the stormwater facilities operate as designed and permitted. <br />3. Violation of the inspection and/or maintenance provisions of this Agreement is a violation <br />of the MCWD permit for the project for which the MCWD may take action against the <br />Applicant. <br />4. This Agreement is binding on the Applicant and the Applicant’s representatives, heirs, <br />successors and/or assigns. <br />%