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1 <br />MAINTENANCE AGREEMENT <br />Stormwater Management Facilities <br /> <br />Rice Creek Watershed District and Lino Lakes <br /> <br /> <br />This Maintenance Agreement (“Agreement”) is made by and between the Rice <br />Creek Watershed District, a watershed district with purposes and powers set <br />forth at Minnesota Statutes Chapters 103B and 103D of the laws of the State of <br />Minnesota, (RCWD), and City of Lino Lakes (“City”), a municpal city and political <br />subdivision of the State of Minnesota. <br /> <br />Recitals and Statement of Purpose <br /> <br />WHEREAS pursuant to Minnesota Statutes § 103D.345, the RCWD has adopted <br />and implements Rule C, Stormwater Management Plans, and in accordance <br />therewith has approved Permit 13-043 in the name of Century Farm North <br />Development, Inc. (“Permitee”); <br /> <br />WHEREAS Rule C imposes an obligation for perpetual maintenance of <br />stormwater management facilities, which obligation must be memorialized by a <br />recorded maintenance declaration or, for facilities on public property, by a <br />maintenance agreement with the property owner; <br /> <br />WHEREAS in this case the permittee will meet this obligation through the <br />commitment of the City to maintain the facilities located on City property and <br />identified on the site plan incorporated into this Agreement as Exhibit A <br />(“Facilities”), which commitment is made to allow for issuance of Permit 13-043 <br />for the mutual benefit of the City and the permittee; <br /> <br />WHEREAS the City and the RCWD execute this Agreement to fulfill the condition <br />of Permit 13-043, and concur that it is legally binding and rests on mutual <br />valuable consideration; <br />