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• <br />OPERATION AND MAINTENANCE AGREEMENT <br />FOR STORMWATER TREATMENT FEATURES <br />THIS AGREEMENT is made and entered into this day of , 2011, by <br />and between Eagle Brook Church of White Bear Lake, Minnesota, whose address is 7015 20th <br />Avenue North, Centerville, MN, 55038, a Minnesota nonprofit corporation, hereinafter referred <br />to as "Owner" of the Property described below; and the City of Lino Lakes, a political <br />subdivision of the State of Minnesota ( "City ") and the Rice Creek Watershed District "District "). <br />WHEREAS, the legal description of the property, hereinafter referred to as the "Property," is: <br />Lot 1, Block 1, Eagle Brook Addition, Anoka County, Minnesota <br />and, <br />WHEREAS, the City and the District have required the Owner to provide onsite stormwater <br />ponds and associated facilities to manage runoff on the above described Property and do all <br />related grading, slope work, and restoration in compliance with approved plans. <br />WHEREAS, in 2004, the Lino Lakes City Council approved a conditional use permit and <br />preliminary plat for the project with Resolution 04 -17 and the final plat with Resolution 04 -54. <br />WHEREAS, the facilities on or to be located on the Property to which the maintenance <br />requirements in the Agreement apply are labeled on the site plan attached hereto as Exhibit A, <br />and are legally described on Exhibit B, each incorporated herein (the "Facilities "). <br />WHEREAS, the City and the District, in separate actions, approved a site and building plan for a <br />parking lot expansion on the property in 2011, which included additional stormwater <br />management facilities not included in the 2004 plans. <br />WHEREAS, Owner desires to subject the Property to certain conditions and restrictions imposed <br />by the District as a condition to issuance of District Permit #09 -048 and by the City for the <br />mutual benefit of all parties to this Agreement. <br />2011 Eagle Brook Church Stormwater Facilities Maintenance Agreement page 1 of 6 <br />