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COVENANT <br /> In consideration of the mutual promises set forth herein, and for other good and <br /> valuable consideration, the receipt and sufficiency of which are hereby acknowledged, <br /> Grantor hereby covenants, grants, and agrees as follows: <br /> 1. Grantor Obligations <br /> In accordance with chapter 14.28 EMC, including without limitation <br /> EMC 14.28.120, Grantor shall at its own cost operate, inspect, maintain, and keep in good <br /> repair the best management practices ("BMPs") as defined under EMC 14.28.020, <br /> identified in the plans and specifications under Grantor's approved permit application <br /> (No. PW2401-012) (the "Permit"). Stormwater BMPs are further identified in Section 2 <br /> below. <br /> Grantor shall maintain a record of self-inspections and maintenance of the <br /> Stormwater BMPs. These records shall be provided to the City upon request or as <br /> otherwise mutually agreed in writing by the Grantor and the City. <br /> In accordance with chapter 14.28 EMC, including without limitation EMC <br /> 14.28.120(D) and (E), Grantor shall not modify, obstruct, fill, grade, or use for disposal of <br /> debris the BMPs without prior written approval or permit from the City. This includes <br /> without limitation that Grantor must obtain written approval or appropriate permits from <br /> the City prior to (A) filling, piping, cutting, or removing vegetation (except routine <br /> landscape maintenance) in open vegetated Stormwater BMPs (such as swales, <br /> raingardens, dispersion areas, etc.); (B) replacing, removing, or paving over permeable <br /> pavement; or (C) performing any alterations or modifications to Stormwater BMPs. <br /> 2. Stormwater BMPs <br /> The Stormwater BMPs approved under the Permit are identified below in this Section 2 <br /> and are critical to the Property's Stormwater management, as reflected in the figure in <br /> Exhibit B to this Covenant. Maintenance shall be performed in accordance with the <br /> maintenance procedures included in Exhibit C. <br /> Covenant for Inspection and Maintenance of Page 2 <br /> On-Site Stormwater Management BMPs <br />