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(1) Inlet and Overflow Spillway: Remove any sediment build-up or blockage, and <br />correct any erosion. <br />(2) Vegetation: <br />a. Maintain at least 80% surface area coverage of plants approved per plan. <br />b. Removal of invasive plants and undesirable `woody vegetation. <br />c. Removal of dried, dead and diseased vegetation. <br />d. Re -mulch void or disturbed/exposed areas. <br />(3) Documentation and reporting of annual inspections and all maintenance work as <br />required by this Agreement. <br />C. In the event a maintenance schedule for the Relocated Stormwater Facility <br />(including sediment removal) is outlined on the Plans, the schedule will be followed and comply <br />with all federal, state, and local regulations relating to the disposal of material. <br />3. Inspection and Reporting. At its sole cost and expense, Owner shall cause the <br />Relocated Stormwater Facility to be inspected and submit an inspection report to the City annually, <br />and as required by MCWD. The purpose of the inspection is to assure safe and proper functioning <br />of the Relocated Stormwater Facility. The inspection shall cover the entire facility, including <br />berms, inlet and outlet structure, pond areas, buffers, and all other features. Deficiencies shall be <br />noted in the inspection report. The Relocated Stormwater Facility will be considered inadequate <br />if it is not compliant with all requirements of MCWD or the City. <br />4. City Access and Maintenance Rights. <br />A. Owner hereby grants a license to the City, its authorized employees, contractors, <br />and, to enter upon the Property and to inspect the Relocated Stormwater Facility whenever the <br />City deems necessary. The City shall provide Owner, its successors and assigns, copies of the <br />inspection findings and a directive to commence with the repairs if necessary ("Inspection <br />Report"), <br />B. In the event Owner, its successors or assigns, fails to maintain the Relocated <br />Stormwater Facility in good working condition acceptable to the City and such failure continues <br />for 60 days after the City gives the Owner written notice of such failure, the City may enter upon <br />the Property and take whatever steps necessary, including excavation and the storage of materials <br />and equipment, to correct deficiencies identified in the Inspection Report. The City's notice shall <br />specifically state which maintenance tasks are to be performed. The City may charge Owner for <br />the City's costs for such repairs. If Owner fails to pay such costs within 30 days after notice from <br />the City, the City may specially assess the City's costs against the Property to be collected with <br />Owner's property taxes. It is expressly understood and agreed that the City is under no obligation <br />to routinely maintain or repair the Relocated Stormwater Facility, and in no event shall this <br />Agreement be construed to impose any such obligation on the City. In addition, Owner agrees that <br />it is, and will be, solely responsible to address complaints and legal claims brought by any third <br />party with regard to the maintenance and operation and the consequences there from the <br />Stormwater Facilities. Owner expressly agrees to defend and hold the City harmless from any <br />such third -party claim. <br />3 <br />232154v7 <br />