01-25-2021 Council Packet - Laserfiche WebLink

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MAINTENANCE AGREEMENT Channel Crossing Between the Rice Creek Watershed District and The 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 and a drainage authority pursuant to chapter 103E of the laws of the State of Minnesota (RCWD), and The City of Lino Lakes (Permittee). Recitals and Statement of Purpose WHEREAS pursuant to Minnesota Statutes § 103D.345, the RCWD has adopted and implements Rule G, "Crossings of Natural & Artificial Conveyance Systems,"; WHEREAS RCWD Rule G imposes certain requirements to ensure a structure placed in a drainage system is maintained to perform as designed; WHEREAS as a part of the work approved under Permit 17-122, City of Lino Lakes is installing a structure within a drainage system subject to requirements of RCWD Rule G. WHEREAS in accordance with RCWD Rule G and as a condition of Permit 17-122, City of Lino Lakes must maintain the structure in perpetuity, and its obligation to do so must be memorialized by a maintenance agreement; WHEREAS City of Lino Lakes and the RCWD execute this Agreement to fulfill this condition of Permit 17-122, and concur that it is binding and rests on mutual valuable consideration; THEREFORE: 1. City of Lino Lakes, at its cost, will maintain the structure labeled on Exhibit A as Culvert 3. 2. City of Lino Lakes will inspect the structure at least annually. 3. City of Lino Lakes will maintain the structure in good repair to preserve hydraulic and navigational capacity in accordance with RCWD-approved plans; provide for no net increase in flood stage beyond that of RCWD-approved plans; avoid increased scour, erosion and sedimentation, water quality impact and change to the existing flowline/gradient; and prevent conditions that promote hydraulic or navigational obstruction. 4. City of Lino Lakes will repair eroded or other unstable conditions resulting from the structure as promptly as weather and seasonal conditions allow. 5. If the structure is not being maintained in accordance with this declaration, the RCWD may give written notice detailing the deficiency. If the deficiency has not been corrected within twenty (20) days after receipt of this notice, or arrangements deemed adequate by the RCWD have not been made within that period, then the RCWD without further notice may take steps that it deems reasonable to correct the deficiency, and may have access to the Property during 1