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N <br />A Rain Garden (the "System') is a stormwater facility. It is a planted depression or area <br />that collects stormwater runoff from impervious surfaces and other areas. The System <br />facilitates absorption, infiltration, evaporation and transpiration of stormwater. The <br />System contains plants, compost -amended rain garden soil mix and erosion control <br />measures. <br />RECITALS <br />A. The Owner is the owner of the real property described in the <br />attached Exhibit A (the "Property"). The street address of the Property is 1614 <br />VIRGINIA AVE, EVERETT, WA 98201-1704 <br />B. The Owner meets all the applicable eligibility requirements, <br />qualifications and Program standards and criteria as outlined in the Program <br />Application and Checklist. <br />C. The Owner shall be responsible for choosing an appropriate <br />location with respect to utility conflicts and acceptable site conditions. <br />D. The Owner will install a rain garden (the "System") on the <br />Property and shall be responsible for all costs associated with the System. Once <br />the System is properly installed and inspected, the City will reimburse the Owner <br />up to $2,500 through the Program process. In exchange for the Program rebate, <br />the Owner agrees to maintain the System for five years. <br />AGREEMENT <br />For good and valuable consideration, the receipt and sufficiency of which are <br />hereby ac'mowlcdgcd, the City and Owner agree as follows: <br />A. Design and Inslallatiuu of the Rain G:u den. <br />The Owner hereby grants percussion for the City or its contractors to enter <br />upon the Property at reasonable times to be arranged in advance by mutual <br />agreement, to: <br />1. evaluate whether the Property is an appropriate site for receiving a rebate for <br />the System; <br />2. inspect during installation to determine if the System meets Program <br />standards; and <br />