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Grantor has a record interest in the property encumbered by the covenant and <br /> agrees that the obligations of Grantor shall inure to the benefit of and be <br /> binding upon the heirs, successors, and assigns. Grantor agrees that this <br /> covenant touches and concerns the land described in Exhibit and <br /> shall run with the land. <br /> Grantor by execution of this covenant acknowledges that the benefits of this <br /> covenant inure to Grantor, downstream property owners, and the general <br /> public, and that the County as third-party beneficiary of this covenant has the <br /> right, but not the obligation, to enforce this covenant on behalf of downstream <br /> property owners and the general public. The County requires this covenant to <br /> protect private and public property, private and public drainage infrastructure, <br /> and natural resources of downstream property owners and the general public. <br /> Grantor in consideration of the approval of County development permit <br /> No. , relating to the real property described in Exhibit <br /> and in consideration of other valuable consideration, receipt and sufficiency of <br /> which is hereby acknowledged, hereby covenants to perform regular <br /> maintenance upon the drainage facilities installed, or to be installed, upon <br /> Grantor's property. Regular maintenance shall include, at a minimum, annual <br /> inspection of the stormwater drainage system. As applicable, the system shall <br /> include the stormwater conveyance system pipes, ditches, swales, and catch <br /> basins; stormwater flow regulation system detention ponds, vaults, pipes, <br /> retention ponds, flow regulation and control structures; infiltration systems and <br /> water quality control system. <br /> The scope of this covenant and right of entry shall be adequate to provide for <br /> the access, inspection, and maintenance of the stormwater drainage system, <br /> and shall be subject to the following terms and conditions: <br /> 1. The County shall have the perpetual right of entry across adjacent <br /> lands of the Grantor for purposes of inspecting, auditing, or conducting required <br /> maintenance of the drainage facility. <br /> 2. If County inspection determines that maintenance is not being <br /> performed, the County shall endeavor to provide Grantor reasonable advance <br /> notification of the need to perform the maintenance and a reasonable <br /> opportunity for the Grantor to perform it. In the event that Grantor fails to <br /> complete the required maintenance within a reasonable time period, the County <br /> shall have the right to perform or contract with others to perform it at the sole <br /> expense of the Grantor. If the County in its sole discretion determines that an <br /> Page 2 Grantor's Initials <br />