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2.2 The alternate pond will be constructed by Fairview H.A. as part of the development of the site. An excavation permit with the above design standards will be required by the City. 2.3 The pond, as designed, will be maintained by Fairview H.A. in the Rice Creek Watershed's approved configuration until such time as an alternative regional or subregional pond is available. The pond will be completely fenced by a minimum of a 6 foot high chain link fence placed at grade. The six foot fence height will be added to and measured from the highest grade elevations within 10 feet of the shore of the proposed pond, including placement of the fence on top of adjoining retaining walls. 2.4 At such time as a public or privately owned subregional or regional pond becomes available, owner Fairview H.A. or successors of the property at 2545 Fairview Avenue, agree, upon notice from the City and within 180 days of the notice, to direct storm water flow, over surface or conveyed by storm water pipe, to the subregional or regional new pond. The existing pond on the Allen site may be updated to City standards for continued use or eliminated, allowing the former pond site to be used for other site improvements. JJ! Other Considerations: 3.1 Fairview H.A. agrees to indemnify and hold the city harmless in regard to all claims arising from the design of the on-site pond as approved by the Rice Creek Watershed. 3.2 At such time as the City constructs a subregional or regional pond to serve the AllenlIndustrial Equities site at 2545 Fairview Avenue, Fairview H.A. or successors agree to accept the assessment for the property's share of the subregional or regional pond construction 3