Everett School District 3/24/2017

B. This Agreement establishes the understanding between the City and the Owner regarding the terms and conditions governing the Owner's participation in the City's Rain Garden Program(the "Program") at the Property. C. A rain garden(the "Rain Garden System") is a stormwater facility. It is a planted depression or area that collects stormwater runoff from impervious surfaces and other areas. The Rain Garden System facilitates absorption, infiltration, evaporation and transpiration of stormwater. The Rain Garden System contains plants, compost-amended rain garden soil mix and erosion control measures. The Rain Garden System also includes the necessary conveyance means for downspouts or drainage to enter the rain garden. As part of the Rain Garden System added trench drains or conveyance piping will be designed, installed, and included in the Owner's maintenance responsibilities. D. The Owner accepts that the location of the Rain Garden System is appropriate with respect to utility conflicts, site conditions, and long term operations and maintenance. E. Once the City installs and inspects the Rain Garden System, the Snohomish Conservation District agrees to be the responsible party in maintaining the Rain Garden System for an initial 5 years, in collaboration with teachers, community groups, and grounds staff. The Owner agrees to maintain the system for 5 additional years, with customized maintenance staff training and support by SCD. AGREEMENT For good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged,the City and Owner agree as follows: A. Design and Installation of the Rain Garden. The Owner hereby grants permission for the City or its contractors to enter upon the Property at reasonable times to be arranged in advance by mutual agreement to: 1. Evaluate whether the Property is an appropriate site for installing the Rain Garden System; - - 2