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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 />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) <br />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 NN'tth the Plans, and the paneling 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 ofthe 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 />