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2. Maintenance of Stormwater Improvements. <br /> A. The Landowner shall adequately maintain the Stormwater Facilities in accordance <br /> with the Stormwater Maintenance Plan and the City Stormwater maintenance standards for <br /> stormwater treatment facilities attached hereto as Exhibit C. This includes all pipes, channels, and <br /> other conveyances built to convey stormwater to the facility, as well as all structures, <br /> improvements, and vegetation provided to control the quantity and quality of the stormwater. <br /> Adequate maintenance is herein defined as good working condition so that these facilities are <br /> performing their design functions. <br /> B. The Landowner will perform the work necessary to keep these Stormwater <br /> Facilities in good working order as appropriate. In the event a maintenance schedule for the <br /> Stormwater Facilities(including sediment removal)is outlined on the approved plans,the schedule <br /> will be followed and comply with all federal, state, and local regulations relating to the disposal <br /> of material. <br /> 3. Inspection and Reporting. The City shall cause the Stormwater Facilities to be <br /> inspected and submit an inspection report every 5 years. The purpose of the inspection is to assure <br /> safe and proper functioning of the facilities. The inspection shall cover the entire facilities,berms, <br /> outlet structure,pond areas,access roads,buffers,etc. Deficiencies shall be noted in the inspection <br /> report. A stormwater facility will be considered inadequate if it is not compliant with all <br /> requirements of the approved Plan and City stormwater maintenance standards set forth in Exhibit <br /> C. <br /> 4. City Access and Maintenance Rights. <br /> A. The Landowner hereby grants permission to the City, its authorized agents and <br /> employees, to enter upon the Property and to inspect the stormwater management/BMP facilities <br /> whenever the City deems necessary. The City shall provide the Landowner, its successors and <br /> assigns, copies of the inspection findings and a directive to commence with the repairs if necessary <br /> ("Inspection Report"). <br /> B. In the event the Landowner, its successors and assigns, fails to maintain the <br /> Stormwater Facilities in good working condition acceptable to the City and such failure continues <br /> for 60 days after the City gives the Landowner written notice of such failure, the City may enter <br /> upon the Property and take whatever steps necessary, including excavation and the storage of <br /> materials and equipment, to correct deficiencies identified in the Inspection Report. The City's <br /> notice shall specifically state which maintenance tasks are to be performed. The City may charge <br /> the costs, including assessing the City's costs to the Landowner's property taxes of such repairs, <br /> to the Landowner, its successors and assigns. This provision shall not be construed to allow the <br /> City to erect any structure of permanent nature on the land of the Landowner outside of the <br /> Easement Area for the Stormwater Facilities. It is expressly understood and agreed that the City <br /> is under no obligation to routinely maintain or repair said Stormwater Facilities, and in no event <br /> shall this Agreement be construed to impose any such obligation on the City. In addition, <br /> Landowner agrees that it is, and will be, solely responsible to address complaints and legal claims <br /> brought by any third party with regard to the maintenance and operation and the consequences <br /> 2 <br /> 199945v1 <br />