2020.05.04 CC Packet - Laserfiche WebLink

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CULVERT MAINTENANCE AGREEMENT Between the Rice Creek Watershed District and City of Hugo This Maintenance Agreement ("Agreement") is made by and between the Rice Creek Watershed District, a watershed district with purposes and powers set forth at Minnesota Statutes Chapters 103B and 103D and a drainage authority pursuant to chapter 103E of the laws of the State of Minnesota (RCWD), and the City of Hugo, a Minnesota Municipal Corporation ("City"). Recitals and Statement of Purpose WHEREAS pursuant to Minnesota Statutes § 103D.345, the RCWD has adopted and implements Rule I, "Drainage Systems"; WHEREAS RCWD Rule I imposes certain requirements to ensure a structure placed within the bed of a drainage system is maintained to perform as designed; WHEREAS as a part of a bridge crossing approved under Permit #18-119, the permittee is installing two culverts in a private drainage channel, subject to requirements of RCWD Rule I; WHEREAS the City assumes the responsibility to maintain the culverts, pursuant to an intended dedication of the bridge and, in accordance with RCWD Rule I and as a condition of Permit #18-119, must maintain the structures in perpetuity; WHEREAS the City and the RCWD execute this Agreement to fulfill the maintenance condition of Permit #18-119, and concur that it rests on mutual valuable consideration and is legally binding; THEREFORE: 1. The City, at its cost, will maintain the structures labeled on Exhibit A as Culverts. 2. The City will inspect the culverts at least annually. 3. The City will maintain each structure in good repair so that flows are maintained in material accordance with RCWD-approved plans incorporated into Permit #18-119. 4. The City will repair scoured, eroded or unstable conditions resulting from the structures as promptly as weather and seasonal conditions allow and will remedy hydraulic or navigational obstruction resulting from the entrainment of vegetation, debris or other materials by the culverts. Nothing in this Agreement imposes on the City any obligation of the drainage authority under drainage code (Minnesota Statutes Chapter 103E).