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WHEREA5, 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 conect 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 /> tatces 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 ftom the Stormwater Facilities. The
<br /> Ivy Place Stormwater Agreement 2
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