905 80TH ST SW FORMOST FUJI 2024-12-03

3. The City shall have the right to ingress and egress over those portions of the Property necessary to perform inspections of the Stormwater Facilities and BMPs and conduct other activities specified in this Declaration and in accordance with EMC 14.56.060 or other applicable law. This right of ingress and egress, right to inspect, and right to perform required maintenance or repair as provided for in this Section 3 below, shall not extend beyond those portions of the Property shown in Exhibit "A." 4. If the City determines that maintenance or repair work is required to be done to any of the Stormwater Facilities or BMPs, the Director of Public Works or its municipal successor in interest ("Director") shall give notice of the specific maintenance and/or repair work required pursuant to EMC 14.56.090 or relevant municipal successor's codes as applicable. The Director shall also set a reasonable time in which such work is to be completed by the Grantor. If the above required maintenance or repair is not completed within the time set by the Director, the City may perform the required maintenance or repair, and hereby is given access to the Property, subject to the easement granted herein, for such purposes. The Grantor shall bear the costs of all work performed. 5. If at any time, the City reasonably determines that a Stormwater Facility or BMP on the Property creates any of the unsafe conditions requiring immediate action as defined in EMC 14.56.100 or other applicable law, the Director or equivalent municipal successors official may take measures specified therein, and actions shall be taken to correct the problem as soon as reasonably feasible. DECLARATION OF COVENANT P a g e 13 FOR INSPECTION AND MAINTENANCE OF STORMWATER FACILITIES AND BMPS