07-10-2017 Council Packet - Laserfiche WebLink

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1 STORMWATER MANAGEMENT FACILITY MAINTENANCE AGREEMENT Rice Creek Watershed District and City of Lino Lakes This Maintenance Agreement (“Agreement”) is made by and between the Rice Creek Watershed District, a watershed district with purposes and powers set forth at Minnesota Statutes Chapters 103B and 103D of the laws of the State of Minnesota (RCWD), and the City of Lino Lakes, a Minnesota municipal corporation (“City”). Recitals WHEREAS pursuant to Minnesota Statutes § 103D.345, the RCWD has adopted and implements Rule C, Stormwater Management Plans. WHEREAS Rule C imposes an obligation that stormwater management facilities constructed for the purpose of meeting Rule C be inspected and maintained in perpetuity. WHEREAS in accordance with Rule C, the inspection and maintenance obligation must be memorialized by a recorded maintenance declaration or, when the obligor is a public entity, by a maintenance agreement establishing the perpetual maintenance obligation; WHEREAS the RCWD has issued Permit 16-071 to Royal Oaks Realty, Inc. (“Permittee”), and the Permittee is conveying to the City and the RCWD the right, in perpetuity, to enter, re-enter and occupy permittee’s property for that purpose; WHEREAS the City and the RCWD execute this Agreement to fulfill the condition of RCWD Permit 16- 071, and concur that it is legally binding and rests on mutual valuable consideration. THEREFORE: 1. The City, at its cost, will inspect and maintain the stormwater management facilities delineated and labeled on Exhibit A as BASIN 1, BASIN 2, SWALE, and SWALE WITH DRAIN TILE (x3). The City will: a. Obtain certified as-built contours for all ponds and inspect the ponds, and associated outlet structures, culverts and outfall structures one year and two years after the completion of as- builts, including measuring sediment accumulation by a method accurate to within one vertical foot. Thereafter, the Permittee will perform inspections in the fifth year after pond completion and every five years thereafter. If inspections show that sediment may accumulate to 50 percent of wet storage volume, or 25 percent of dry detention volume, within less than five years, the Permittee will inspect more frequently. Pond function will be considered inadequate if sediment accumulation has decreased the wet storage volume by 50 percent or dry detention volume by 25 percent, and the Permittee will restore the basin to its original