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OPERATION AND MAINTENANCE AGREEMENT <br />FOR <br />STORMWATER TREATMENT FEATURES <br />THIS AGREEMENT made and entered into this day of , 2002, by and <br />between David Schreier and Cynthia Schreier, hereinafter referred to as "Owner" of the below <br />described Property; and the City of Lino Lakes, a political subdivision of the State of Minnesota, <br />hereinafter referred to as "City". <br />(Lot 1, Block 1, Apollo Business Park, Anoka County, Minnesota) <br />WHEREAS, the City has required the Owner to provide an on-site infiltration basin to <br />accommodate storm water and the rate of flow of area run-off, and <br />WHEREAS, the Owner agrees to construct an infiltration basin on the above described Property <br />and do all related grading, slope work and restoration. <br />NOW THEREFORE IT IS AGREED AS FOLLOWS: <br />1. The Owner assumes the full and sole responsibility for the condition, operation, <br />repair, maintenance and management, at no cost to the City, for an on-site infiltration <br />basin (System) which meets Rice Creek Watershed District (RCWD) standards <br />originally approved RCWD permit #02-033 for the purpose of receiving, retaining, <br />treating and transporting all storm sewer water which may be collected within the <br />System. <br />The City shall not under any circumstances be responsible for the on-going physical <br />performance of any repairs, changes or alterations whatsoever to the System and <br />appurtenances and the City shall not be liable for the cost thereof. <br />3. The Owner agrees, at no cost to the City, to regularly: (1) Remove accumulated <br />sediment from the System to maintain dead storage volume equivalent to the volume <br />originally approved by RCWD permit #02-033, (2) maintain all native perennial <br />