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Grantor's development is construction of a private stormwater facility that will receive <br /> stormwater discharge and runoff from the Property. <br /> B. Grantor has requested, and the City has agreed, that in lieu of the Private <br /> Stormwater Facility receiving stormwater discharge and runoff from a portion of the Property, <br /> Grantor's Private Stormwater Facility will instead receive stormwater discharge and runoff from <br /> an equivalent area of certain public improvements, including a street, located adjacent to the <br /> Property. This means that Grantor's Private Stormwater Facility will receive stormwater <br /> discharge and runoff from portions of the Property, together with stormwater discharge and <br /> runoff from those public improvements. <br /> C. Grantor will be solely responsible for operating, maintaining and repairing <br /> private stormwater facility as set forth below. <br /> D. Grantor acknowledges that this Agreement benefits the Grantor's development <br /> project and is entered into at the Grantor's request. <br /> EASEMENT AND AGREEMENT <br /> In consideration of mutual benefits to be derived and the performance of the <br /> covenants, terms and conditions hereinafter set forth, Grantor and the City hereby agree as <br /> follows: <br /> 1. Definitions. In addition to the definitions in the Recitals above, the following <br /> terms are defined as follows: <br /> A. "Public Discharge Area" is the area of public property and improvements <br /> as shown in the drawing attached as Exhibit B hereto, from which stormwater discharge and <br /> runoff will be directed into the Private Stormwater Facility. <br /> B. "Property Discharge Area" is the area of Property from which stormwater <br /> discharge and runoff will be directed into the Private Stormwater Facility. The size and location <br /> 2 <br />