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I�� a I p)0 El 0 Lei MIX#] 7 D101►m"" Between the Minnehaha Creek Watershed District and The City of Orono This Maintenance Agreement (Agreement) is made by and between the Minnehaha Creek Watershed District, a watershed district with purposes and powers set forth at Minnesota Statutes chapters 103B and 103D (MCWD), and the City of Orono, an incorporated municipality and political subdivision of the State of Minnesota ("Orono"). Recitals and Statement of Purpose WHEREAS pursuant to Minnesota Statutes § 103D.345, the MCWD has adopted and implements the Stormwater Management Rule, Wetland Protection Rule, the Waterbody Crossings & Structures Rule and the Shoreline & Streambank Stabilization Rule; WHEREAS, under the Waterbody Crossings & Structures Rule, certain land development activity requires the landowner to record a declaration establishing the landowner's perpetual obligation to inspect and maintain waterbody crossings and structures to ensure that the hydraulic and navigational capacity of the associated waterbody are maintained in accordance with approved plans; WHEREAS in each case, a public landowner, as an alternative to a recorded instrument, may meet the maintenance requirement by documenting its obligations in an unrecorded written agreement with the MCWD; WHEREAS in accordance with the MCWD rules and as a condition of Permit 16-198, the City's obligation to maintain waterbody crossings must be memorialized by a recorded maintenance declaration or, alternatively, a maintenance agreement establishing the City's perpetual maintenance obligation; WHEREAS ORONO and the MCWD execute this Agreement to fulfill the condition of Permit 16-198, and concur that it is binding and rests on mutual valuable consideration; THEREFORE ORONO and MCWD agree as follows: 1. ORONO, at its cost, will inspect and maintain the waterbody crossing as shown in the site plan attached to and incorporated into this Agreement as Exhibit A in perpetuity as follows: A. WATERBODY CROSSINGS & STRUCTURES Crossings and structures in contact with the bed or bank of a waterbody will be inspected at least once a year and maintained in good repair in perpetuity to ensure continuing adequate hydraulic and navigational capacity is retained in accordance with approved plans, to ensure no net increase in the flood stage beyond that achieved by the approved plans, to prevent adverse effects on water quality, changes to the existing flowline/gradient and increased scour, erosion or sedimentation, and to minimize the potential for obstruction of the waterbody. 2. If ORONO conveys into private ownership a fee interest in the property that is the subject of this Agreement, it shall require as a condition of sale, and enforce: (a) that the purchaser record a declaration on the property incorporating the maintenance requirements of this Agreement; and (b) that recordation