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• <br /> AGREEMENT <br /> 1. Term of Agreement <br /> This Agreement shall take effect on the Effective Date specified in the preamble. The term of <br /> this Agreement shall be perpetual;provided,however,that this Agreement may be terminated <br /> as described in Section 8 below. <br /> 2. Covenant to Inspect and Maintain Stormwater Facilities <br /> Grantee covenants to the Owner that Grantee shall, at Grantee's cost and expense, regularly <br /> inspect the Drainage Facilities no less frequently than is required by the County Code and the <br /> Drainage Manual then in effect. Should neither the County Code nor the Drainage Manual <br /> specify an inspection frequency with respect to one or more of the Drainage Facilities,Grantee <br /> shall inspect same no less frequently than once per calendar year. Grantee covenants to the <br /> Owner that Grantee shall, at Grantee's cost and expense, perform such maintenance and/or <br /> repair as may be necessary to keep and maintain the Drainage Facilities in good condition and <br /> repair and functioning as intended, in compliance with SCC 30.63A.575, SCC 30.63A.590, <br /> and SCC 7.53.140, as those provisions may hereafter be amended,replaced or superseded. <br /> 3. Covenant to Keep Records <br /> Grantee covenants to the Owner that Grantee shall, at all times during the term of this <br /> Agreement,develop,keep and maintain an inspection and maintenance record for the Drainage <br /> Facilities as required by SCC 30.63A.575 and SCC 7.53.140,as those provisions may hereafter <br /> be amended,replaced or superseded.The inspection and maintenance record shall be available <br /> for inspection by Owner at reasonable times upon reasonable prior notice. <br /> 4. Grant of Private Drainage Easement to Grantee <br /> Owner hereby grants to the Grantee a perpetual,appurtenant easement in gross(the"Drainage <br /> Easement") over, under, across and upon the Property. The Grantee shall have the right, but <br /> not the obligation, to use the Private Drainage Easement for any one or more of the following <br /> purposes (each such use, a "Permitted Use," and together, the "Permitted Uses"): to access, <br /> inspect, maintain, repair and/or replace any one or more of the Drainage Facilities and/or any <br /> of their component parts.The Grantee may bring onto the Property any equipment,machinery, <br /> tools or other supplies or materials that may be reasonably necessary in order to perform the <br /> Permitted Uses. Should the Grantee elect to perform any invasive work in connection with the <br /> Permitted Uses, the Grantee shall restore the surface and structures of the Property to its <br /> condition prior to the commencement of such work as soon as reasonably possible after the <br /> completion of such work. <br /> Private Drainage Easement Paged <br /> RETAINING WALL RECONSTRUCTION PLAN FOR ISHA DARAMY-BOUDAD Rev.3/30/ <br />