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The Permittee will: a. Inspect stormwater infiltration and filtration basins, including rain gardens, annually, to preserve live storage capacity at or above the design volume. Remove vegetation, maintain healthy plant growth and remove excess sediment and debris to ensure that the facilities to perform per design. b. Inspect conveyances and other structures annually. Ensure preservation of designed hydraulic capacity. 2. If the Permittee conveys into private ownership a fee interes portion of the public property that is subject to this Agreement, it must require as a condition of sale, and enforce: (a) that the purchaser record a declaration on the property incorporating the stormwater management facility maintenance requirements of this Agreement; and (b) that recordation occur either before any encumbrance is recorded on the property or, if after, only as accompanied by a subordination and consent executed by the encumbrance holder ensuring that the declaration will run with the land in perpetuity. If the Permittee conveys into public ownership a fee interest in all or any portion of the pro subject to this Agreement, it must require as a condition of the purchase and sale agreement that the purchaser accept an assignment of all ob vested under this Agreement. 3. This Agreement is in force for five years from the date on which it is fully executed and will renew automatically for five-year terms unless terminated by the parties. This Agreement may be amended only in a writing signed by the parties. 4. The recitals are incorporated as a part of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreem RICE CREEK WATERSHED DISTRICT By _______________________________ Date:_________________ RCWD Administrator, Phil Belfiori 2