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9 1 <br /> • <br /> .R <br /> '-—. 3. monitor and evaluate the maintenance and performance of the System <br /> ,. The Owner shall cooperate with the City and its contractors. <br /> . <br /> B. . -"Phonography <br /> •-•.As part:Office Program,the Owner grants the City the irrevocable right to use <br /> photographs-.of tlia.System in all forms and media. <br /> C. Expiration of th1s Agreement. <br /> • <br /> This Agreeinent-expirs on.the fifth anniversary of the Effective Date. <br /> D. Maintenance,.of Rain:Garden. <br /> •1. Obligation to.Maintain. After the installation of the Rain Garden <br /> and until the expirahion,Qf this•A•greement,the Owner shall maintain the Rain <br /> Garden in accordance'yith-the.mainteiiance plan attached as Exhibit B to this <br /> Agreement('`Rain Gari enMain1enance Plan"), This maintenance is at the Owner's <br /> sole cost. The Owner shall n4t.niateriallyalter x[3e Rain Garden without the written <br /> consent of the City Public-Works Dfrectar or his/her designee. <br /> 2. Procedure if Own-cr,Fails to Maintain. 1'f;the Owner fails to maintain <br /> the Rain Garden in accordance with the Rain.0arden..Maintenance Plan,the City <br /> may deliver written notice of the failure Lathe Owner,: If the City delivers such a <br /> notice,the Owner shall cure the failure vithin`30,days after the delivery of the <br /> notice. If the Owner does not cure the failure.within.the 30 days,the City may enter <br /> upon the Property and undertake any work neee-35ary10 maitrain 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. •This•p.eimisaiort.remains <br /> in effect until the expiration of this Agreement. <br /> 4•. <br /> E. Other. <br /> 3 - <br /> •5`- _ <br /> 5 <br />