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<br />inadequate if it is not compliant with all requirements of the approved Plan and City engineering
<br />standards set forth in Exhibit E.
<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 City
<br />Property and the Stormwater Easement Area (defined below) and take whatever steps necessary,
<br />including excavation and the storage of materials and equipment, to correct deficiencies identified
<br />in the Inspection Report. The City's notice shall specifically state which maintenance tasks are to
<br />be performed. The City may assess the City’s costs to the Owner’s property taxes, its successors
<br />and 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 from of the Stormwater Facilities, except to the extent arising from
<br />City’s breach of this Agreement or the City’s negligence or intentional misconduct. The Owner
<br />expressly agrees to defend and hold the City harmless from any such third-party claim.
<br />5. 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
<br />Eeasement Aarea legally described on Exhibit D, attached hereto and incorporated herein (the
<br />“Stormwater Easement Area”). The easement shall include the rights, but not the obligation, of
<br />the City, its contractors, agents, servants, and assigns, to enter upon the Easement to construct,
<br />reconstruct, inspect, repair, and maintain said private Stormwater Facilities together with the right
<br />to grade, level, fill, drain, pave, and excavate the Stormwater Easement Area, and the further right
<br />to remove trees, bushes, undergrowth, and other obstructions interfering with the location,
<br />construction, and maintenance of said private Stormwater Facilities systems.
<br />City hereby grants to the Owner a permanent non-exclusive easement over the portions of the City
<br />Property containing Stormwater Facilities located on City Property as provided legally described
<br />in Exhibit F for the purpose of Owner to construct,maintain, repair, and replace said Stormwater
<br />Facilities.
<br />City hereby grants to the Owner a permanent non-exclusive easement located on, over, and across
<br />the portion of the City Property legally described on Exhibit X, attached hereto and incorporated
<br />herein, to provide site for the purposes of access to and from the Owner Property from the existing
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