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<br /> <br /> <br /> 1 <br />PROGRAMMATIC STORMWATER MANAGEMENT FACILITY <br />MAINTENANCE AGREEMENT <br /> <br />Rice Creek Watershed District and <br />the City of Lino Lakes <br /> <br />This Agreement is by and between the Rice Creek Watershed District, a special purpose unit of <br />government with powers set forth in Minnesota Statutes Chapters 103B and 103D (RCWD), and the <br />City of Lino Lakes, a charter city and political subdivision of the State of Minnesota (CITY). <br /> <br />Recitals <br />WHEREAS pursuant to Minnesota Statutes § 103D.345, the RCWD has adopted and implements <br />Rule C, Stormwater Management Plans; <br /> <br />WHEREAS under Rule C, certain land development activity requires a landowner to record a <br />declaration establishing the landowner’s perpetual obligation to inspect and maintain stormwater <br />management facilities; <br /> <br />WHEREAS a public landowner may memorialize its obligations in an unrecorded written agreement <br />with the RCWD instead of a recorded instrument; <br /> <br />WHEREAS from time to time CITY is subject to stormwater facility maintenance requirements <br />pursuant to the terms of an RCWD permit; <br /> <br />WHEREAS CITY, as a Municipal Separate Storm Sewer System (MS4), is obligated to inspect and <br />maintain its stormwater management facilities in accordance with the terms of a Clean Water Act <br />permit administered by the Minnesota Pollution Control Agency, and the parties desire to promote <br />consistency in facility management requirements consistent with RCWD authority to set <br />requirements necessary to meet its rules; and <br /> <br />WHEREAS the RCWD and CITY concur that it is more effective and procedurally more efficient <br />for the RCWD and CITY to agree on standard requirements for stormwater facility inspection and <br />maintenance, and to memorialize these requirements in this Agreement for incorporation into future <br />permits. <br /> <br />THEREFORE: <br /> <br />1. CITY agrees to inspect and maintain all stormwater best management practices (BMPs), <br />owned by the City or maintained by the City under another intergovernmental agreement, that have <br />been permitted by the RCWD under Rule C as follows: <br /> <br />a. Outfalls, sediment basins, retention/detention ponds will be inspected at least once every <br />five years. If warranted by required sediment removal or maintenance needs, inspections <br />will be conducted at a greater frequency. <br />b. Structural stormwater management facilities including, but not limited to, grit chambers, <br />sump catch basins, sump manholes and appurtenant conveyances, as well as infiltration and