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• <br /> • <br /> • `' 3. monitor and evaluate the maintenance and performance of the System <br /> ' The Owner shall cooperate with the City and its contractors. <br /> •'B. Photography <br /> As part..of'the Prograi i,the Owner grants the City the irrevocable right to use <br /> photographs tlia.5-ystern in all forms and media. <br /> C. Expiration atthis Agreement. <br /> This Agrkeinent expir6son.the fifth anniversary of the Effective Date. <br /> D. Maintenaiice.afRain'Garden. <br /> 1. Obligation to Maii lain. After the installation of the Rain Garden <br /> and until the expirafioi of thisoAgreement,the Owner shall maintain the Rain <br /> Garden in accordance with-fhe.maintenance plan attached as Exhibit B to this <br /> Agreement("Rain Garden Ala nlenanc0Plan")., This maintenance is at the Owner's <br /> sole cost. The Owner shagn4t.rnaterially.alter the Rain Garden without the written <br /> consent of the City Public W&rks Director or-his/her designee. <br /> • <br /> 2. Procedure if Ower Fails to Maintain. If.the Owner fails to maintain <br /> the Rain Garden in accordance with the Rain Garden.Maintenance Plan,the City <br /> may deliver written notice of the failure t the Owner;: If the City delivers such a <br /> notice,the Owner shall cure the failure .ithin'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 neees5a y10 maintain the Rain Garden, <br /> and the Owner shall reimburse the City for the costs tie workJwithin 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-0.16ptei,tpoit•the <br /> Property from time to time to inspect the Rain Garden. This•Fermissibil.remains <br /> in effect until the expiration of this Agreement. <br /> •ti <br /> t.. <br /> E. Other. <br /> • ti•. J. <br /> ti <br /> f• <br /> 5 <br />