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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 />