Laserfiche WebLink
DRAFT <br />2 <br />225037v3 <br /> <br />I. The Replacement Easement is legally described as set forth in Exhibit B, and is depicted on <br />Exhibit A; and <br /> <br />J. Owner also submitted a Stormwater Facility Relocation permit application to the Minnehaha <br />Creek Watershed District (“MCWD”) for approval of the Relocation Project, which permit <br />was approved by MCWD on July10, 2024 (Permit #23-495); and <br /> <br />K. On August 12, 2024, the City Council of the City of Orono approved Owner’s easement <br />vacation request and an Interim Use Permit to facilitate the Relocation Project, subject to the <br />terms and conditions set forth in Resolution No. , which included requirements that <br />Owner enter into a new agreement regarding maintenance of the new stormwater facility and <br />grant a new easement on Lot 2. <br /> <br /> NOW, THEREFORE, in consideration of mutual covenants of the parties set forth in this <br />Agreement and other valuable consideration, the receipt and sufficiency of which are hereby <br />acknowledged, the parties agree as follows: <br /> <br />1. Construction of Relocated Stormwater Facility. Owner shall complete the <br />Relocation Project and the Relocated Stormwater Facility in accordance with the design and <br />specifications identified in the Plans. <br /> 2. Maintenance of Relocated Stormwater Facility. <br />A. Owner shall adequately maintain the Relocated Stormwater Facility in accordance <br />with all requirements of MCWD and City engineering standards for stormwater treatment <br />facilities. This includes all pipes, channels, and other conveyances, if any, built to convey <br />stormwater to the facility, as well as all structures, improvements, and vegetation provided to <br />control the quantity and quality of the stormwater. For purposes of this Agreement, adequate <br />maintenance is defined as good working condition so that these facilities are performing their <br />design functions. <br /> <br />B. Owner will perform the work necessary to keep the Relocated Stormwater Facility <br />in good working order as appropriate, including but not limited to the following: <br /> <br />(1) Inlet and Overflow Spillway: Remove any sediment build-up or blockage, and <br />correct any erosion. <br /> <br />(2) Vegetation: <br />a. Maintain at least 80% surface area coverage of plants approved per plan. <br />b. Removal of invasive plants and undesirable woody vegetation. <br />c. Removal of dried, dead and diseased vegetation. <br />d. Re-mulch void or disturbed/exposed areas. <br /> <br />(3) Documentation and reporting of annual inspections and all maintenance work as <br />required by this Agreement. <br /> <br />144