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1 <br /> WHEREAS,the City and Developer desire to set forth their understanding with respect to <br /> the construction, repair and maintenance of the Storm Water Management Practices and the <br /> responsibility relating to the costs of the repair and maintenance of the Storm Water <br /> Management Practices. <br /> NOW THEREFORE, in consideration of the foregoing facts and circumstances, and for <br /> other good and valuable consideration, the receipt and sufficiency of which are hereby <br /> acknowledged,the parties hereto agree as follows: <br /> 1. Construction of the Storm Water Management Practices. The Developer shall <br /> construct the Storm Water Management Practices according to the Plans. <br /> 2. Maintenance of the Storm Water Management Practices. The owners from time to <br /> time of fee title to the various parcels included in the Property (collectively, the "Owners") shall <br /> repair and maintain the Storm Water Management Practices at no expense to the City. The <br /> Owners, by duly recorded agreement, may allocate between or among themselves their <br /> respective shares of the costs of such repair and maintenance, based on the relative benefits <br /> received by each parcel included in the Property or otherwise, but until otherwise provided in <br /> any such agreement the Owner of Lot 1 shall be solely responsible for such repair and <br /> maintenance and the costs thereof. Maintenance of the Storm Water Management Practices shall <br /> include, but not be limited to: <br /> (i) Semi-annual inspections of all sump manholes and pond outfalls (flared end <br /> sections),with one in each spring (to remove debris,winter salt and sand deposits, <br /> etc.), and autumn (to remove vegetation, sediment, debris, leaves, etc.). If <br /> necessary, corrective actions, including removal of all litter and debris, and <br /> replacement of mulch, vegetation, and eroded areas to ensure establishment of <br /> healthy functioning plant-life therein, shall be executed. Such inspections and <br /> corrective actions shall be documented in a maintenance log retained by the <br /> Owners and submitted to the City upon request; and <br /> (ii) Bi-annual inspections and certifications by a professional engineer (provided by <br /> the Owners) that the Storm Water Management Practices are functioning in <br /> accordance with the Plans, and the ponding facilities have maintained the proper <br /> operation of storm water treatment in accordance with City and Lower Rum River <br /> Watershed Management Organization standards. Copies of the bi-annual <br /> inspection reports shall be provided to the City within 30 days of their <br /> preparation. <br /> If, as a result of any inspection by the Owners or City staff, it is determined that the <br /> Storm Water Management Practices (i) have not been maintained, or (ii) are not functioning as <br /> originally designed and intended, or(iii) are in need of repair,the Owners shall restore the Storm <br /> Water Management Practices so that they function as they were originally designed and intended <br /> pursuant to the Plans. <br /> The Developer, for itself and the Owners from time to time, agrees to be solely <br /> responsible for the repair and maintenance of the Storm Water Management Practices and the <br /> Owners shall bear all costs of such maintenance. The Owners from time to time shall be <br /> 2 <br />