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MAINTENANCE AGREEMENT <br />Waterbody/Channel Crossing <br />Between the Rice Creek Watershed District and <br />City of Hugo <br />This Maintenance Agreement ("Agreement") is made by and between the Rice Creek Watershed <br />District, a watershed district with purposes and powers set forth at Minnesota Statutes Chapters <br />103B and 103D and a drainage authority pursuant to chapter 103E of the laws of the State of <br />Minnesota (RCWD), and City of Hugo ("Permittee"). <br />Recitals and Statement of Purpose <br />WHEREAS pursuant to Minnesota Statutes § 103D.345, the RCWD has adopted and implements <br />Rule G, "Crossings of Natural & Artificial Conveyance Systems," and Rule I, "Drainage Systems"; <br />WHEREAS RCWD Rule G imposes certain requirements to ensure a structure placed within the <br />bed of a drainage system is maintained to perform as designed; <br />WHEREAS as a part of the work approved under Permit 19-077, Permittee is installing a <br />structure within a judicial ditch subject to requirements of RCWD Rule G. <br />WHEREAS in accordance with RCWD Rule G and as a condition of Permit 19-077, Permittee must <br />maintain the structure in perpetuity, and its obligation to do so must be memorialized by a <br />maintenance agreement; <br />WHEREAS Permittee and the RCWD execute this Agreement to fulfill the maintenance condition <br />of Permit 19-077, and concur that it is binding and rests on mutual valuable consideration and is <br />legally binding; <br />THEREFORE: <br />1. The City, at its cost, will maintain the structure labeled on Exhibit A as Judicial Ditch 3 <br />Elmcrest Avenue Culvert. <br />2. The City will inspect the structure at least annually. <br />3. The City will maintain the structure in good repair so that flows are maintained in material <br />accordance with RCWD-approved plans incorporated into Permit 19-077. <br />4. The City will repair scoured, eroded or other unstable conditions resulting from the structure <br />as promptly as weather and seasonal conditions allow and will remedy hydraulic or navigational <br />obstruction resulting from the entrainment of vegetation, debris or other materials by the <br />culvert. Nothing in this Agreement imposes on the Permittee any obligation of the drainage <br />authority under drainage code (Minnesota Statutes Chapter 103E). <br />5. If the structure is not being maintained in accordance with this declaration, the RCWD may <br />give written notice detailing the deficiency. If the deficiency has not been corrected within thirty <br />(30) days after receipt of this notice (in the case of a deficiency which is reasonably curable <br />