Everett School District 3/24/2017

2. Install the system per plans agreed upon between the Owner and the City; installation will occur during normal business hours and will be coordinated with site management. 3. Inspect, monitor, and evaluate the maintenance and performance of the Rain Garden System. The Owner shall cooperate with the City and its contractors. B. Photography As part of the Program,the Owner grants the City the irrevocable right to use photographs of the Rain Garden System in all forms and media.Any students captured in photographs will have photo releases by the school. C. Expiration of this Agreement. This Agreement expires on the tenth anniversary of the Effective Date. D. Maintenance of Rain Garden. 1. Obligation to Maintain. In partnership with the Snohomish Conservation District, the Owner shall maintain the Rain Garden System until the expiration of this Agreement in accordance with the maintenance plan attached as Exhibit B to this Agreement("Rain Garden Maintenance Plan"). The Owner shall not materially alter the Rain Garden System without the written consent of the City Public Works Director or his/her designee. 2. Procedure if Owner Fails to Maintain. If the Owner fails to maintain the Rain Garden System in accordance with the Rain Garden Maintenance Plan,the City may deliver written notice of the failure to the Owner. If the City delivers such a notice,the Owner shall cure the failure within 30 days after the delivery of the notice. If the Owner does not cure the failure within the 30 days,the City may enter upon the Property and undertake any work necessary to maintain the Rain Garden System, and the Owner shall reimburse the City for the costs the work within 10 days after delivery of an invoice from the City. D. City Right to Inspect. The Owner hereby grants permission for the City to enter upon the Property from time to time to inspect the Rain Garden System. This permission remains in effect until the expiration of this Agreement. 3