MaryAnne and Steven Hinze 11/26/2018

• • 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. After the installation of the Rain Garden and until the expiration of this Agreement,the Owner shall maintain the Rain Garden in accordance with the maintenance plan attached as Exhibit B to this Agreement("Rain Garden Maintenance Plan"). This maintenance is at the Owner's sole cost.The Owner shall not materially alter the Rain Garden 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 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, 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. This permission remains in effect until the expiration of this Agreement. E. Other. The Owner consents to recording of this Agreement.This Agreement runs with the land and binds all of the Owner's successors-in-interest. This Agreement is the entire agreement between the City and the Owner relating to the Rain Garden. No amendment or termination of this Agreement is effective unless it is in writing and signed by the Owner and by the Mayor of the City. Upon expiration of this Agreement,the City shall, at the request of the Owner,record a notice stating that this Agreement has expired and that the Owner has no further obligations under this Agreement. 3