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03/30/01 FRI 08:27 FAX 6123402644 DORSEY & WHITNEY 14 STORM WATER RETENTION AREA MAINTENANCE AGREEMENT THIS AGREEMENT is made as of , 2001, between the City of St.Anthony,Minnesota, a Minnesota municipal corporation (the"City"), and (the 'Owner",'whether one or more). WfITNESSETH: WHEREAS,the Owner has granted to the City a utility and ponding easement over the area described on Exhibit A attached hereto (the "Easement Area")pursuant to an agreement dated , 2001,filed with the Hennepin County offices of the County Recorder as Document No. WHEREAS, the City will construct over a portion of the Easement Area a storm water retention area (the"Retention Area") and the Owner desires that the City undertake various inspection and maintenance activities with respect to the Retention Area. NOW, THEREFORE,in consideration of the foregoing premises and the grant to the City by the Owner of the utility and ponding easement over the Easement Area and other good and valuable consideration, the City agrees as follows: 1. Maintenance of Retention Area. The City shall cause the Retention Area and related storm water conveyance system to be properly maintained and repaired in a neat and orderly condition and in a manner such that it will operate for its intended purpose. The City shall on a regular basis remove debris so as to provide reasonable assurances that the Retention Area and related storm water conveyance system will operate in an unobstructed manner. Following rainfall events of two inches or more in any 24 hour period, the City will inspect and remove debris from the Retention Area as is necessary to maintain the Retention Area in a neat, orderly and clean condition. 2. Inspection and Annual Report. The City shall periodically inspect the Retention Area and related storm water conveyance system to ensure that it is being properly maintained and repaired in a neat and orderly condition. Annually the City shall prepare a report identifying maintenance and repair activities undertaken by the City in the previous year with respect to the Retention Area and related storm water conveyance system. Such report will be available for inspection at the City offices. 3. Notification to City. If the Owner becomes aware that the Retention Area and related storm water conveyance system is not being properly maintained or debris is not being promptly removed,the person at the City offices which the Owner may notify is the City's Director of Public Works. 4. Violation of Agreement. If the City violates any term or condition of this Agreement, the Owner may by appropriate legal action compel performance of this Agreement by the City; however, Owner's sole remedy shall be to compel the City to perform its obligations under this