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P103 OPERATION AND MAINTENANCE AGREEMENT FOR STORMWATER TREATMENT FEATURES THIS AGREEMENT made and entered into this 10th day of October, 2011, by and between SAM Properties, whose address is 7997 Lake Drive Lino Lakes Minnesota 55014, hereinafter referred to as "Owner" of the Property described below; and the City of Lino Lakes, a political subdivision of the State of Minnesota, hereinafter referred to as "City ". WHEREAS, the legal description of the property, hereinafter referred to as the Property ", is: That part of the Northwest Quarter of Section 9, Township 31, Range 22, Anoka County, Minnesota lying northwesterly of County State Aid Highway No. 23. also known as Old U.S. Highway No. 8, except that part thereof described as follows: Beginning at the intersection of the west line of said Northwest Quarter and the northwesterly line of County State Aid Highway No. 23; thence northerly along said west line 329.14 feet; thence North 89 degrees 12 minutes 22 seconds East 173.34 feet to said northwesterly right of way line; thence South 27 degrees 36 minutes West, along said northwesterly right of way line, 374.11 feet to the point of beginning. Except roads. Subject to easements of record. and, WHEREAS, the City has required the Owner to provide onsite stormwater ponds and associated facilities to manage runoff on the above described Property and do all related grading, slope work, and restoration in compliance with approved plans, and WHEREAS, the Lino Lakes City Council approved a conditional use permit amendment for the site with Resolution No. 11 -95, NOW THEREFORE IT IS AGREED AS FOLLOWS: 1. The Owner assumes the full and sole responsibility for the condition, operation, repair, maintenance and management, at no cost to the City, for onsite stormwater ponds, ditches and associated facilities (System) which are to be constructed to comply with the approved plans and Resolution No. 11- 95 for the purpose of receiving, retaining, treating and transporting all storm water which may be collected within the System. Stormwater Treatment Features Agreement page 1 of 4