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RECITALS <br /> A. The Owner is the owner of the real property described in the attached <br /> Exhibit A(the"Property"). The street address of the Property is 1726 Silver Lake Road, <br /> Everett, WA 98204. <br /> B. The Owner meets all the applicable eligibility requirements, qualifications <br /> and Program standards and criteria as outlined in the Program Application and Checklist. <br /> C. The Owner shall be responsible for choosing an appropriate location with <br /> respect to utility conflicts and acceptable site conditions. <br /> D. The Owner will install a rain garden (the "System") on the Property and <br /> shall be responsible for all costs associated with the System. Once the System is properly <br /> installed and inspected, the City will reimburse the Owner up to $2,500 through the <br /> Program process. In exchange for the Program rebate, the Owner agrees to maintain the <br /> System for ten years. <br /> AGREEMENT <br /> For good and valuable consideration,the receipt and sufficiency of which are hereby <br /> acknowledged, the City and Owner agree as follows: <br /> A. Design and Installation of the Rain Garden. <br /> The Owner hereby grants permission for the City or its contractors to enter upon <br /> the Property at reasonable times to be arranged in advance by mutual agreement, to: <br /> 1. evaluate whether the Property is an appropriate site for receiving a rebate for <br /> the System; <br /> 2. inspect during installation to determine if the System meets Program standards; <br /> and <br /> 3. monitor and evaluate the maintenance and performance of the System <br /> The Owner shall cooperate with the City and its contractors. <br /> B. Photography <br /> As part of the Program,the Owner grants the City the irrevocable right to use photographs of <br /> the System in all forms and media. <br /> 2 <br />