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<br />E-3
<br />TW185\1\1011577.v13
<br />3. Inspection and Reporting. The Owner shall cause the Stormwater Facilities to be
<br />inspected and submit an inspection report annually to the City for review and approval (such approval
<br />not to be unreasonably withheld) and shall be responsible for the payment of any associated costs for
<br />the life of the Facility. The purpose of the inspection is to assure safe and proper functioning of the
<br />Stormwater Facilities. The inspection shall cover the entire facilities, berms, outlet structure, sump
<br />treatment structure, pond areas, access routes, buffers, pipes, manholes and flared ends within the County
<br />Property. Deficiencies shall be noted in the inspection report and compiled within a punch list. The
<br />Stormwater Facilities will not be considered acceptable until all punch list items have been addressed
<br />and approved by the City. If the required annual inspection report is not submitted to the City by
<br />September 30 of each year, the Owner shall provide the City with the right to conduct the annual
<br />inspection and be reimbursed for such costs from the Owner pursuant to Section 6.
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<br />4. Grant of Easement.
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<br />A. To Owner: County hereby grants to the Owner, its successors and assigns, a permanent
<br />non-exclusive easement for the purpose of accessing and maintaining the Stormwater Facilities pursuant
<br />to the terms of this Agreement over, on, across, under and through the Easement Area as described in
<br />Exhibit C. The easement shall include the rights, of the Owner, its contractors, agents, servants, and
<br />assigns, to enter upon the Easement to construct, reconstruct, inspect, repair, and maintain said private
<br />Stormwater Facilities together with the right to grade, level, fill, drain, pave, and excavate the Easement
<br />Area, and the further right to remove trees, bushes, undergrowth, and other obstructions interfering with
<br />the location, construction, and maintenance of said private Stormwater Facilities systems.
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<br />B. To City: County hereby grants to the City, its successors and assigns, a permanent non-
<br />exclusive easement for the purpose of accessing and maintaining the Stormwater Facilities pursuant to
<br />the terms of this Agreement over, on, across, under and through the Easement Area as described in
<br />Exhibit C. The easement shall include the rights, but not the obligation, of the City, its contractors,
<br />agents, servants, and assigns, to enter upon the Easement to construct, reconstruct, inspect, repair, and
<br />maintain said private Stormwater Facilities together with the right to grade, level, fill, drain, pave, and
<br />excavate the Easement Area, and the further right to remove trees, bushes, undergrowth, and other
<br />obstructions interfering with the location, construction, and maintenance of said private Stormwater
<br />Facilities systems.
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<br />5. City Maintenance Rights. In the event the Owner, its successors and assigns, fails to
<br />maintain the Stormwater Facilities in good working condition acceptable to the City and such failure
<br />continues for 60 days after the City gives the Owner and the County written notice of such failure, the
<br />City may enter upon the Property and take whatever steps necessary, including excavation and the
<br />storage of materials and equipment, to correct deficiencies. The City's notice shall specifically state
<br />which maintenance tasks are to be performed. The City may assess the City’s costs to the Owner’s
<br />property taxes, its successors and assigns. It is expressly understood and agreed, by the Owner and the
<br />County, that the City is under no obligation to routinely maintain or repair said Stormwater Facilities,
<br />and in no event shall this Agreement be construed to impose any such obligation on the City. In addition,
<br />Owner agrees that it is, and will be, solely responsible to address complaints and legal claims brought
<br />by any third party with regard to the maintenance and operation from the Stormwater Facilities. The
<br />Owner expressly agrees to defend and hold the City and the County harmless from any such third-party
<br />claim.
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