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• <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 , <br /> 7523 Broadway, Everett, WA <br /> B. The Owner and City selected an appropriate location with respect <br /> to utility conflicts and acceptable site conditions. <br /> C. The Owner installed a rain garden(the "System") on the Property <br /> and shall be responsible for all costs associated with the System. The Owner <br /> agrees to maintain the Rain Garden. The city inspected the installation of the Rain <br /> Garden and determined that the System meets City Standards. <br /> AGREEMENT <br /> For mutual benefit of which is hereby acknowledged,the City and Owner <br /> agree as follows: <br /> A. Design and Installation of the Rain Garden. <br /> The Owner at its sole expense shall be responsible for the design and <br /> installation of the rain garden system in accordance with the plans approved by <br /> the city <br /> B. Expiration of this Agreement. <br /> This Agreement may be terminated at any time by the City Public Works <br /> Director or his/her designee if it is determined to no longer be necessary <br /> or in the best interests of the city. <br /> C. Maintenance of Rain Garden. <br /> 1. Obligation to Maintain. The Owner shall maintain the Rain <br /> Garden in accordance with the maintenance plan attached as Exhibit B and_in the <br /> location depicted and attached to this Agreement("Rain Garden Maintenance <br /> Plan"). This maintenance is at the Owner's sole cost. The Owner shall not <br /> Exhibit A to Rain Garden Maintenance Agreement <br />