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WHEREAS, the parties 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 Owner, their heirs,
<br /> successors and assigns, in accordance with the plans and specifications identified in the Plans.
<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.
<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.
<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").
<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.
<br /> Ivy Place Stormwater Agreement 2
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