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b. The Permittee will vegetate the buffer with native vegetation and shall <br />remain in a naturalized state except for periodic cutting and spraying <br />to promote the health of the buffer, to address disease or invasive <br />species, and for public safety. <br />2. If the Permittee conveys into private ownership a fee interest in all or any <br />portion of the public property that is subject to this Agreement, it must require <br />as a condition of sale, and enforce: (a) that the purchaser record a declaration <br />on the property incorporating the wetland buffer maintenance requirements of <br />this Agreement; and (b) that recordation occur either before any encumbrance is <br />recorded on the property or, if after, only as accompanied by a subordination <br />and consent executed by the encumbrance holder ensuring that the declaration <br />will run with the land in perpetuity. If the Permittee conveys into public <br />ownership a fee interest in all or any portion of the property that is subject to <br />this Agreement, it must require as a condition of the purchase and sale <br />agreement that the purchaser accept an assignment of all obligations vested <br />under this Agreement. <br />3. This Agreement is in force for five years from the date on which it is fully <br />executed and will renew automatically for five-year terms unless terminated by <br />the parties. This Agreement may be amended only in a writing signed by the <br />parties. <br />4. The recitals are incorporated as a part of this Agreement. <br />IN WITNESS WHEREOF, the parties hereto have executed this Agreement. <br />RICE CREEK WATERSHED DISTRICT <br />By Date: <br />RCWD Administrator <br />CITY OF LINO LAKES <br />By: Date: <br />Its <br />2 <br />