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04-27-2015 Council Packet
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04-27-2015 Council Packet
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10/8/2015 12:46:00 PM
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4/28/2015 12:43:00 PM
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City Council
Council Document Type
Council Packet
Meeting Date
04/27/2015
Council Meeting Type
Regular
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MAINTENANCE AGREEMENT <br />Wetland Buffer Agreement <br />Between the Rice Creek Watershed District and <br />CITY OF LINO LAKES <br />This Maintenance Agreement ("Agreement") is made by and between the Rice <br />Creek Watershed District, a watershed district with purposes and powers set <br />forth at Minnesota Statutes Chapters 1038 and 103D and a drainage authority <br />pursuant to chapter 103E of the laws of the State of Minnesota, (RCWD), and the <br />CITY OF LINO LAKES ("Permittee"). <br />Recitals and Statement of Purpose <br />WHEREAS pursuant to Minnesota Statutes § 1 03D.345, the RCWD has <br />adopted and implements Rule F, Wetland Alteration; <br />WHEREAS Rule F imposes certain requirements, which the Permittee will <br />meet in this case by constructing and wetland buffers as identified on the site <br />plan incorporated into this Agreement as Exhibit A; <br />WHEREAS in accordance with Rule F and as a condition of Permit 1 5-021 , <br />the Permittee's obligation to maintain these wetland buffer must be <br />memorialized by a recorded maintenance declaration or, alternatively, a <br />maintenance agreement establishing the Permittee's perpetual maintenance <br />obligation; <br />WHEREAS the Permittee and the RCWD execute this Agreement to fulfill <br />the condition of Permit 15-021, and concur that it is binding and rests on <br />mutual valuable consideration; <br />THEREFORE: <br />1. The Permittee, at its cost, will inspect and maintain the wetland buffers <br />delineated and labeled on Exhibit A. The Permittee will: <br />a. Obtain certified as -built contours for all wetland buffer boundaries <br />within the RCWD boundary. <br />1 <br />
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