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1 <br />MAINTENANCE AGREEMENT <br />Waterbody/Channel Crossing <br />Between the Rice Creek Watershed District and <br />The 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 the City of Hugo, a Minnesota Municipal Corporation (“City”). <br />Recitals and Statement of Purpose <br />WHEREAS pursuant to Minnesota Statutes § 103D.345, the RCWD has adopted and implements <br />Rule G, “Regional Conveyance Systems,”; <br />WHEREAS RCWD Rule G imposes certain requirements to ensure a structure placed in a <br />drainage system is maintained to perform as designed; <br />WHEREAS as a part of the work approved under Permit 22-067, permittee is installing a <br />structure within a drainage system subject to requirements of RCWD Rule G. <br />WHEREAS the City assumes the responsibility to maintain the structure, pursuant to an intended <br />dedication of the culvert and, in accordance with RCWD Rule G and as a condition of Permit 22- <br />067 City must maintain the structure in perpetuity; <br />WHEREAS City and the RCWD execute this Agreement to fulfill this condition of Permit 22-067, <br />and concur that it is binding and rests on mutual valuable consideration; <br />THEREFORE: <br />1.City, at its cost, will maintain the structure labeled on Exhibit A as Culvert 3. <br />2.City will inspect the structure at least annually. <br />3.City will maintain the structure in good repair to preserve hydraulic and navigational capacity <br />in accordance with RCWD-approved plans; provide for no net increase in flood stage beyond <br />that of RCWD-approved plans; avoid increased scour, erosion and sedimentation, water quality <br />impact and change to the existing flowline/gradient; and prevent conditions that promote <br />hydraulic or navigational obstruction. <br />4.City will repair eroded or other unstable conditions resulting from the structure as promptly <br />as weather and seasonal conditions allow. <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, or arrangements deemed adequate by the RCWD have not <br />been made within that period, then the RCWD without further notice may take steps that it <br />deems reasonable to correct the deficiency, and may have access to the Property during <br />G.14