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WHEREAS, the parites agree that such provisions are to be set forth in an agreement to
<br />be recorded in the real estate records.
<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:
<br />1. The Stormwater Facilities shall be constructed by the Landowner, their heirs,
<br />successors and assigns, in accordance with the plans and specifications identified in the Plans.
<br />2. The Landowner, 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.
<br />3. The Landowner, 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.
<br />4. The Landowner, their heirs, successors and assigns, hereby grant permission to
<br />the 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 Landowner, their heirs, successors and assigns, copies of the inspection findings and a
<br />directive to commence with the repairs if necessary ("Inspection Report").
<br />5. In the event the Landowner, 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 Landowner written notice of such failure,
<br />the City may enter upon the Property and take whatever steps necessary, including excavation
<br />and the storage of materials and equipment, to correct deficiencies identified in the Inspection
<br />Report. The City's notice shall specifically state which maintenance tasks are to be performed.
<br />The City may charge the costs, including assessing the city's costs to the landowner's property
<br />taxes of such repairs, to the Landowner, its successors and assigns. This provision shall not be
<br />construed to allow the City to erect any structure of permanent nature on the land of the
<br />Landowner outside of the Easement Area for the Stormwater Facilities. It is expressly
<br />understood and agreed that the City is under no obligation to routinely maintain or repair said
<br />Stormwater Facilities, and in no event shall this Agreement be construed to impose any such
<br />obligation on the City. In addition, Landowner agrees that they are, and will be, solely
<br />responsible to address complaints and legal claims brought by any third party with regard to the
<br />maintenance and operation and the consequences there from the Stormwater Facilities. The
<br />Ivy Place Stormwater Agreement
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