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Property shall be owned, used, occupied and conveyed subject to the covenants, restrictions, easements, <br />charges and liens set forth in this Declaration, all of which shall be binding on all persons owning or <br />acquiring any right, title or interest in the Property, and their heirs, successors, personal representatives <br />and assigns. All features requiring maintenance identified on the scaled site plan for the Property <br />attached hereto and incorporated herein as Attachment A will be maintained in perpetuity in accordance <br />with as follows: <br />1. WATERBODY CROSSINGS & STRUCTURES <br />a. Crossings and structures in contact with the bed or bank of a waterbody will be inspected <br />at least once every 5 years and maintained in good repair in perpetuity to ensure <br />continuing adequate hydraulic and navigational capacity is retained in accordance with <br />approved plans, to ensure no net increase in the flood stage beyond that achieved by the <br />approved plans, to prevent adverse effects on water quality, changes to the existing <br />flowline/gradient and increased scour, erosion or sedimentation, and to minimize the <br />potential for obstruction of the waterbody. <br />2. STORMWATER FACILITIES <br />a. Underground storage facilities. Underground storage facilities will be inspected at least <br />annually to ensure continuing performance per design. Capacity will be considered <br />inadequate if sediment has decreased the storage volume by 50 percent of the original <br />design volume. Accumulated debris and sediment will be removed, and inlet and outlet <br />structures will be kept clear of any flow impediments. <br />b. Grit chambers, sump catch basins and sump manholes. Grit chambers, sump catch <br />basins and sump manholes will be inspected once each year. All sediment and debris will <br />be removed as needed such that the stormwater facilities operate as designed and <br />permitted. <br />c. Proprietary stormwater facilities. Proprietary stormwater facilities will be inspected at <br />least annually and maintained as specified or recommended by the manufacturer and/or <br />installer as described in Attachment B. <br />d. Scope of Inspection. The inspection shall cover, without limitation, the entire stormwater <br />runoff management facilities, including access roads and buffers. Deficiencies shall be <br />noted in the inspection report. A stormwater runoff management facility will be <br />considered inadequate if it is not compliant with all requirements of the Plan approved by <br />the City and MCWD and City stormwater maintenance standards. <br />e. Reporting. The Declarant will submit to the MCWD and to the City once every 5 years <br />a brief written report that describes stormwater facility maintenance activities performed <br />under this declaration, including dates, locations of inspections and the maintenance <br />activities performed. The Declarant shall be responsible for the payment of any <br />associated costs. <br />