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DRAFT <br />1 <br />225037v3 <br /> <br />STORMWATER MAINTENANCE AGREEMENT/ <br />BEST MANAGEMENT PRACTICE FACILITIES <br />AND EASEMENT AGREEMENT <br /> <br /> <br /> THIS STORMWATER MAINTENANCE AGREEMENT / BEST MANAGEMENT <br />PRACTICE FACILITIES AND EASEMENT AGREEMENT (“Agreement”) is made and <br />entered into as of the ______ day of _____________, 2024, by and between SF REAL ESTATE <br />LLC, a Minnesota limited liability company (“Owner”) and the CITY OF ORONO, a Minnesota <br />municipal corporation (“City”). <br /> <br />RECITALS <br /> <br />A. Owner is the fee owner of certain real property located at 3295 and 3345 Fox Street, in the City <br />of Orono, County of Hennepin, State of Minnesota, which are legally described as: <br /> <br />Lot 1, Block 1, Fullerton Estates (3295 Fox Street; PID 0511723440006), and <br />Lot 2, Block 1, Fullerton Estates (3345 Fox Street; PID 0511723440007), <br /> <br />(collectively, the “Property”); and <br /> <br />B. Lot 1 is currently improved with a stormwater pond that manages stormwater for the entire <br />Property; and <br /> <br />C. To facilitate the stormwater pond, the Property is subject to a Drainage Easement granted to <br />the City, dated September 30, 1997, which was filed of record in the Office of the Hennepin <br />County Registrar of Titles on December 11, 1997, as Document No. 2868640; and <br /> <br />D. The location of the existing Drainage Easement on Lot 1 is depicted on Exhibit A; and <br /> <br />E. The Property is also subject to that certain Stormwater Facility Maintenance Agreement dated <br />September 30, 1997, which was filed of record in the Office of the Hennepin County Registrar <br />of Titles on December 11, 1997, as Document No. 2868641; and <br /> <br />F. Owner submitted an application requesting approval to fill the existing stormwater pond on <br />Lot 1, and replace it with a new stormwater pond and rain garden best management practice <br />(BMP) on Lot 2 (the “Relocated Stormwater Facility”), which will manage stormwater for the <br />entire Property; and <br /> <br />G. For purposes of this Agreement, the removal of the existing stormwater pond on Lot 1 and the <br />construction of the Relocated Stormwater Facility are, collectively, the “Relocation Project”; <br />and <br /> <br />H. As part of the application, Owner requested that the existing Drainage Easement on Lot 1 be <br />vacated, and replaced with an easement on Lot 2 (the “Replacement Easement”), as designed <br />by Moore Engineering in the Fox Street Stormwater BMP Relocation plans (the “Plans”), <br />which are on file with the City ; and <br /> <br />143