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2 <br />CBMH3, CB4), and (2) biofiltration basins with underground filtration piping 38 <br />systems. The Permittee will: 39 <br /> 40 <br />a. Obtain certified as-built survey of the biofiltration ponds, draintile, and 41 <br />overflows. 42 <br /> 43 <br />b. Inspect biofiltration ponds annually to preserve live storage capacity at 44 <br />or above the design volume. Remove excess sediment and debris to 45 <br />ensure that the facilities continue to perform per design. 46 <br /> 47 <br />c. Inspect rain guardians annually. Accumulated sediment and debris will 48 <br />be removed so that the each facility continues to operate as designed and 49 <br />erosion or structural problems are corrected. 50 <br /> 51 <br />d. Inspect conveyances and other structures annually. Ensure 52 <br />preservation of designed hydraulic capacity. 53 <br /> 54 <br />2. If the Permittee conveys into private ownership a fee interest in all or any 55 <br />portion of the public property that is subject to this Agreement, it must require 56 <br />as a condition of sale, and enforce: (a) that the purchaser record a declaration 57 <br />on the property incorporating the stormwater management facility maintenance 58 <br />requirements of this Agreement; and (b) that recordation occur either before any 59 <br />encumbrance is recorded on the property or, if after, only as accompanied by a 60 <br />subordination and consent executed by the encumbrance holder ensuring that 61 <br />the declaration will run with the land in perpetuity. If the Permittee conveys into 62 <br />public ownership a fee interest in all or any portion of the property that is 63 <br />subject to this Agreement, it must require as a condition of the purchase and 64 <br />sale agreement that the purchaser accept an assignment of all obligations 65 <br />vested under this Agreement. 66 <br /> 67 <br />3. This Agreement is in force for five years from the date on which it is fully 68 <br />executed and will renew automatically for five-year terms unless terminated by 69 <br />the parties. This Agreement may be amended only in a writing signed by the 70 <br />parties. 71 <br /> 72 <br />4. The recitals are incorporated as a part of this Agreement. 73 <br /> 74 <br /> 75