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<br /> <br />(the "Property"), a depiction of which is attached hereto and incorporated herein as <br />Exhibit A; and <br /> <br />WHEREAS, Developer intends to construct a gas station/convenience store near <br />the intersection of U.S. Trunk Highway No. 10, 52 and 169 and Riverdale Drive, City of <br />Ramsey, County of Anoka, Minnesota, having a Northerly boundary of U.S. Trunk <br />Highway No.1 0 and a Westerly boundary of Riverdale Drive, which gas <br />station/convenience store is commonly known as Holiday Stationstore #395; and <br /> <br />WHEREAS, Developer has obtained approval from the City to construct a gas <br />station/convenience store on Property, together with an 96" storm sewer structure (the <br />"Storm Sewer Structure") along the northerly boundary as shown on Exhibit A; and <br /> <br />WHEREAS, a drainage and utility easement that runs along the northerly <br />boundary of the Property primarily contains a Storm Sewer Structure; and <br />I <br />I <br />WHEREAS, the parties desire to provide for the terms of the responsibility to <br />clean the storm watt retention system to be constructed on the Property. <br /> <br />NOW, THEREEFORE IT IS MUTUALLY AGREED by and between the parties as <br />I <br />follows: I <br /> <br />The Developbr shall be responsible to inspect the Storm Sewer Structure <br />annually and c1ea the Storm Sewer Structure when sediment is greater than <br />twelve (12) inches. <br /> <br />[remainder of page intentionally left blank] <br /> <br />2 <br /> <br />-125- <br />