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F. Owner submitted an application requesting approval to fill the existings <br />Lot 1, and replace it with a new stormwater pond and rain garden best management <br />(BMP) on Lot 2 (the "Relocated Stormwater Facilit " tormwater pond on <br />entire Property; and practice <br />Y ), which will manage stormwater for the <br />G. For purposes of this Agreement, the removal of the existing stormwater o <br />construction of the Relocated Stormwater Facility are, collectively, the "Relocation P <br />and pond on Lot 1 and the <br />ect"; <br />roJ <br />H. As part of the application, Owner requested that the existing Draina e E <br />vacated, and replaced with an easement on Lot 2 (the "Superseding Easement" as <br />g Easement on Lot 1 be <br />by Moore Engineering in the Fox Street Stormwater BMP Relocation la )' designed <br />which are on file with the City; and plans (the "Plans"), <br />I. The Superseding Easement is legally described as set forth in Ex <br />Exhibit and Exhibit B , and is depicted on <br />J• Owner also submitted a Stormwater Facility Relocation permit a licatio <br />Creek Watershed District ("MCWD") pro to e� the Minnehaha <br />for approval of the Relocation <br />was approved by MCWD on July10, 2024 (Permit #23-495); and J t, Which permit <br />C On August 12, 2024, the City Council of the City of Orono approved <br />vacation request and an Interim Use Permit to facilitate the Relocation Project subject terms and conditions set forth in Resolution No, pp Owner's easement <br />Owner enter into a new agreement regarding maintenance of J bJect to the <br />which included requirements that <br />grant a new easement on Lot 2. the new stormwater facility and <br />NOW, THEREFORE, in consideration of mutual covenants of the parties set <br />Agreement and other valuable consideration, the receipt and sufficient o f forth in this <br />acknowledged, the parties agree as follows: Y which are hereby <br />1• Construction of Relocated Stormwater Facility, <br />Relocation Project and the Relocated Stormwater Facility in aordancee�,ihall complete the <br />specifications identified in the Plans, th the design and <br />2• Maintenance of Relocated Stormwater Facility <br />A• Owner shall adequately maintain the Relocated Stormwater Facilityin accordance <br />with all requirements of MCWD and City engineering standards for stor <br />facilities. This includes all pipes, channels, and other conveyances treatment <br />stormwater to the facility, as well as all structures, improvements mwater treatment <br />control the quantity and quality of the stormwater,Purposes <br />Y s, if any, built to convey <br />ts, and vegetation provided to <br />maintenance is defined as good working condition so thatu hese facilities es ais geeeent, adequate <br />design functions, perform* <br />ng their <br />Be <br />Owner will perform the work necessary to keep the Relocated Stormwater <br />in good working order as appropriate, including but not limited to the followin Facility <br />g <br />232154v7 2 <br />