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• <br /> • <br /> .f 3, monitor and evaluate the maintenance and performance of the System <br /> Owner shall cooperate with the City and its contractors. <br /> ...B. Photographv <br /> A parta :therProgram,the Owner grants the City the irrevocable right to use <br /> photbg'aphs-6 the System in all forms and media. <br /> C. Ei nipation'Of this'•igreement. <br /> This Agreement exp'ires-un..the fifth anniversary of the Effective Date. <br /> D. Maintenance-Of Rain Garden. <br /> 1. Obligation t-n Maintain.• After the installation of the Rain Garden <br /> and until the expiration:o f this.-Agreriiient,the Owner shall maintain the Rain <br /> Garden in accordance tivitli•tfie maintenance plan attached as Exhibit B to this <br /> Agreement("Rain Garden/114 nreiaance..Plan"). This maintenance is at the Owner's <br /> sole cost. The Owner shall riot materially alter-the Rain Garden without the written <br /> consent of the City Public V+(orks Director,ofhis,Eher designee. <br /> 2. Procedure if Owner-Fails-t6 Maintain...,If the Owner fails to maintain <br /> the Rain Garden in accordance wit •th <br /> h. e Rain Garden Maintenance Plan,the City <br /> may deliver written notice of the failure to the•Owner:. If the City delivers such a <br /> notice,the Owner shall cure the failure within 30'clays`after the delivery of the <br /> notice. If the Owner does not cure the fal'-lure:within the.30 days,the City may enter <br /> upon the Property and undertake any work•-necessary.io••maintain the Rain Garden, <br /> and the Owner shall reimburse the City for the costs.the work within 10 days after <br /> delivery of an invoice from the City. <br /> D. City Right to Inspect. <br /> The Owner hereby grants permission for the City to'enter upon the <br /> Property from time to time to inspect the Rain Garden. 'Thisper'iniasidn.remains <br /> in effect until the expiration of this Agreement. <br /> _ I <br /> E. Other. <br /> 3 '+ <br /> ? r <br /> i' 1' <br />