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2 <br /> <br />1. Construction of Stormwater Improvements. Owner shall construct the <br />Stormwater Facilities in accordance with the plans and specifications identified in the Plan. <br /> 2. Maintenance of Stormwater Improvements. <br />A. The Owner shall adequately maintain the Stormwater Facilities in accordance with <br />the Stormwater Maintenance Plan and the City engineering standards for stormwater treatment <br />facilities attached hereto as Exhibit D. This includes all pipes, channels, and other conveyances <br />built to convey stormwater for the facility, as well as all structures, improvements, and vegetation <br />provided to control the quantity and quality of the stormwater. Adequate maintenance is herein <br />defined as good working condition so that these facilities are performing their design 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 a maintenance schedule for the Stormwater <br />Facilities (including sediment removal) is outlined on the approved plans, the schedule will be <br />followed and comply with all federal, state, and local regulations relating to the disposal of <br />material. <br /> 3. Inspection and Reporting. The Owner shall cause the Stormwater Facilities to be <br />inspected and submit an inspection report every two years to the City and shall be responsible for <br />the payment of any associated costs. The purpose of the inspection is to assure safe and proper <br />functioning of the facilities. The inspection shall cover the entire facilities, berms, outlet structure, <br />pond areas, access roads, buffers, etc. Deficiencies shall be noted in the inspection report. A <br />storage treatment basin will be considered inadequate if it is not compliant with all requirements <br />of the approved Plan and City engineering standards set forth in Exhibit D. <br /> 4. City Access and Maintenance Rights. <br />A. The Owner hereby grants permission to the City, its authorized agents and <br />employees, to enter upon the Owner Property and to inspect the stormwater management facilities <br />during normal business hours (unless during an emergency that requires immediate access) as the <br />City deems necessary. The City shall provide the 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 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 Property <br />and take whatever steps necessary, including excavation and the storage of materials and <br />equipment, to correct deficiencies. The City's notice shall specifically state which maintenance <br />tasks are to be performed. The City may assess the City’s costs to the Owner’s property taxes, its <br />successors and assigns. It is expressly understood and agreed that the City is under no obligation <br />to routinely maintain or repair said Stormwater Facilities, and in no event shall this Agreement be <br />construed to impose any such obligation on the City. In addition, Owner agrees that it is, and will <br />be, solely responsible to address complaints and legal claims brought by any third party with regard