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1 Maintenance of Stormwater Improvements. <br /> A. The Owner shall adequately maintain all Stormwater Facilities existing as of the <br /> date of this Agreement. This includes any and all pipes, channels, or other conveyances built to <br /> convey stormwater to the facility, as well as all structures, improvements, or vegetation provided <br /> to control the quantity and quality of the stormwater. Adequate maintenance is herein defined as <br /> good working condition so that these facilities are performing their designed functions. <br /> B. The Owner will perform the work necessary to keep these Stormwater Facilities in <br /> good working order as appropriate. In the event that it becomes necessary to improve the <br /> stormwater facilities, any such improvements shall be subject to City approval and performed in <br /> accordance with all applicable City plans and engineering standards. In the event a maintenance <br /> schedule for the Stormwater Facilities (including sediment removal) is outlined on the approved <br /> plans, the schedule will be followed and comply with all federal, state, and local regulations <br /> relating to the disposal of material. <br /> 2. City Access and Maintenance Righht . <br /> A. The Owner hereby grants permission to the City, its authorized agents and <br /> employees, to enter upon the Property and to inspect the Stormwater Facilities during normal <br /> business hours (unless during an emergency that requires immediate access) as the City deems <br /> necessary. The City shall provide the Owner, its successors and assigns, copies of the inspection <br /> findings and a directive to commence with the repairs if necessary ("Inspection Report"). <br /> B. In the event the Owner, its successors and assigns, fails to maintain the Stormwater <br /> Facilities in good working condition acceptable to the City and such failure continues for 60 days <br /> after the City gives the Owner written notice of such failure, the City may enter upon the <br /> Stormwater Easement Area (defined below) and take whatever steps necessary, including <br /> excavation and the storage of materials and equipment, to correct deficiencies identified in the <br /> Inspection Report. The City's notice shall specifically state which maintenance tasks are to be <br /> performed. The City may assess the City's costs to the Owner's property taxes, its successors and <br /> assigns. It is expressly understood and agreed that the City is under no obligation to routinely <br /> maintain or repair said Stormwater Facilities, and in no event shall this Agreement be construed <br /> to impose any such obligation on the City. In addition, Owner agrees that it is, 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 of the Stormwater Facilities, except to the extent arising from City's <br /> breach of this Agreement or the City's negligence or intentional misconduct. The Owner expressly <br /> agrees to defend and hold the City harmless from any such third-party claim. <br /> 3. Grant of Easement. Owner hereby grants to the City, its successors and assigns, <br /> a permanent non-exclusive easement for the purpose of accessing and maintaining the Stormwater <br /> Facilities pursuant to the terms of this Agreement over,on,across,under and through the easement <br /> area legally described on Exhibit A, attached hereto and incorporated herein (the "Stormwater <br /> Easement Area"). The easement shall include the rights, but not the obligation, of the City, its <br /> contractors, agents, servants, and assigns, to enter upon the Easement to construct, reconstruct, <br /> 223283v1 <br />