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MAINTENANCE AGREEMENT <br />Stormwater Management Facilities <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, a municipal corporation ("City"). <br />Recitals and Statement of Purpose <br />WHEREAS the RCWD has issued Permit No. 1 3-094 to Tony Emmerich <br />Construction, Inc. ("Permittee"), for a development project within the City; <br />WHEREAS pursuant to Minnesota Statutes § 103D.345, the RCWD has <br />adopted and implements Rule C, Stormwater Management Plans; <br />WHEREAS Rule C imposes certain requirements, including that Permittee <br />provide for the perpetual maintenance of stormwater management facilities to <br />manage stormwater flow and quality impacts of a permitted development; <br />WHEREAS in accordance with Rule C and as a condition of Permit 1 3-094, <br />Permittee's obligation to maintain these stormwater facilities must be <br />memorialized by a recorded maintenance declaration; <br />WHEREAS by arrangement with Permittee, the City wishes to assume <br />Permittee's maintenance obligation and Rule C allows a municipality to <br />memorialize its perpetual maintenance obligation to the District by means of <br />maintenance agreement in place of a recorded declaration; <br />WHEREAS the City and the RCWD execute this Agreement to fulfill the <br />condition of Permit 1 3-094, and concur that it is binding and rests on mutual <br />valuable consideration; <br />THEREFORE: <br />1 <br />