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This Agreement establishes the understanding between the City and the Owner regarding <br /> the terms and conditions governing the Owner's participation in the City's Let it Rain <br /> rain garden rebate program(the "Program") at the said Property. <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 12421 <br /> 23RD Ave SE, Everett, WA 98208. <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 acknowledged,the City and Owner agree as follows: <br /> A. Design and Installation of the Rain Garden. <br /> The Owner hereby grants permission 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 /> 2 <br />