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Ivy Place Stormwater Agreement 2
<br />WHEREAS, the parties agree that such provisions are to be set forth in an agreement to
<br />be recorded in the real estate records.
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<br />NOW, THEREFORE, in consideration of the foregoing premises, the mutual covenants
<br />contained herein, and the following terms and conditions, the parties hereto agree as follows:
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<br />1. The Stormwater Facilities shall be constructed by the Owner, their heirs,
<br />successors and assigns, in accordance with the plans and specifications identified in the Plans.
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<br />2. The Owner, their heirs, successors and assigns, shall adequately maintain the
<br />Stormwater Facilities in accordance with their Stormwater Maintenance Plan and the City
<br />engineering standards for stormwater treatment facilities attached hereto as Exhibit C. This
<br />includes all pipes, channels, and other conveyances built to convey stormwater to the facility, as
<br />well as all structures, improvements, and vegetation provided to control the quantity and quality
<br />of the stormwater. Adequate maintenance is herein defined as good working condition so that
<br />these facilities are performing their design functions.
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<br />3. The Owner, their heirs, successors and assigns, shall inspect the Stormwater
<br />Facilities and submit an inspection report annually and shall be responsible for the payment of
<br />any associated costs. The purpose of the inspection is to assure safe and proper functioning of
<br />the facilities. The inspection shall cover the entire facilities, berms, outlet structure, pond areas,
<br />access roads, buffers, etc. Deficiencies shall be noted in the inspection report. A storage
<br />treatment basin will be considered inadequate if it is not compliant with all requirements of the
<br />approved Plans and City engineering standards set forth in Exhibit C.
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<br />4. The Owner, their heirs, successors and assigns, hereby grant permission to the
<br />City, its authorized agents and employees, to enter upon the Property and to inspect the
<br />stormwater management facilities whenever the City deems necessary. The City shall provide
<br />the Owner, their heirs, successors and assigns, copies of the inspection findings and a
<br />directive to commence with the repairs if necessary ("Inspection Report").
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<br />5. In the event the Owner, their heirs, successors and assigns, fails to maintain
<br />the Stormwater Facilities in good working condition acceptable to the City and such failure
<br />continues for sixty (60) days after the City gives the Owner written notice of such failure,
<br />the City may enter upon the Property and take whatever steps necessary, including
<br />excavation and the storage of materials and equipment, to correct deficiencies identified in
<br />the Inspection Report. The City's notice shall specifically state which maintenance tasks
<br />are to be performed. The City may charge the costs, including assessing the city's costs to
<br />the owner's property taxes of such repairs, to the Owner, its successors and assigns. This
<br />provision shall not be construed to allow the City to erect any structure of permanent nature
<br />on the land of the Owner outside of the Easement Area for the Stormwater Facilities. It is
<br />expressly understood and agreed that the City is under no obligation to routinely maintain
<br />or repair said Stormwater Facilities, and in no event shall this Agreement be construed to
<br />impose any such obligation on the City. In addition, Owner agrees that they are, and will
<br />be, solely responsible to address complaints and legal claims brought by any third party
<br />with regard to the maintenance and operation and the consequences there from the
<br />Stormwater Facilities. The Owner expressly agrees to defend and hold the city harmless from
<br />any such third-party claim.
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