5.g Culvert Maintenance Agreement - Comfort Lake-Forest Lake Watershed District 1
Culvert Maintenance Agreement
Between the Comfort Lake-Forest Lake Watershed District
and the City of Scandia
This agreement is made by and between the Comfort Lake-Forest Lake Watershed District, a
watershed district with purposes and powers set forth at Minnesota Statutes Chapters 103B and 103D
(CLFLWD), and the City of Scandia, a political subdivision of the State of Minnesota, for the purpose of
compliance with CLFLWD Permit 18-006.
Recitals
A. Pursuant to Minnesota Statutes §103D.345, the CLFLWD has adopted and implements Rule 6.0,
Watercourse and Basin Crossings.
B. Rule 6.0 requires that a culvert installed pursuant to permit by a public authority be maintained
indefinitely for stability and hydraulic and navigational capacity. In accordance with Rule 6.0 and as a
condition of Permit 18-006, the City’s obligation to maintain the culvert must be memorialized by
written agreement.
C. The City and the CLFLWD execute this Agreement to establish the required maintenance obligation
and concur that it is legally binding.
Agreement
1. The City, at its cost, will maintain the culvert structure labeled on Exhibit A and inspect it at least
annually.
2. The City will maintain the structure in good repair to preserve design hydraulic and navigational
capacity; avoid scour, erosion and sedimentation, water quality impact and change to the existing
flowline/gradient; and prevent conditions that promote hydraulic or navigational obstruction.
3. The City will repair eroded or other unstable conditions resulting from the structure as promptly as
weather and seasonal conditions allow.
4. If the City conveys into private ownership a fee interest in the property on which the culvert structure
is located, it must require as a condition of transfer, and enforce: (a) that the transferee record a
declaration on the property incorporating the requirements of this agreement; and (b) that recordation
occur either before any encumbrance is recorded on the property or, if after, only as accompanied by a
subordination and consent executed by the encumbrance holder ensuring that the declaration will run
with the land in perpetuity. If the City transfers into public ownership a fee interest in the property on
which the culvert structure is located, it must require as a condition of the transfer that the transferee
accept an assignment of all obligations under this agreement.
5. This agreement is in force for five years from the date on which it is fully executed and will renew
automatically for five-year terms unless terminated by the parties. This agreement may be amended
only in a writing signed by the parties.
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6. The recitals are incorporated as a part of this agreement.
COMFORT LAKE-FOREST LAKE WATERSHED DISTRICT
By ___________________________________ Date:
Mike Kinney, Administrator
CITY of SCANDIA
By: _______________________________ Date:
Neil Soltis, Administrator
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.NOLAN AVE. N.H:\SCND\N13114757\CAD\C3D\MISC-114757_Exhibit A.dwg 5/9/2018 12:51:21 PMR
2018 Street Improvements
Scandia, MN
Exhibit A: Culvert Location
February 2018
FEETSCALE
0 300 600
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