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materially alter the Rain Garden without the written consent of the City Public <br /> Works Director or his/her designee. <br /> 2. Procedure if Owner Fails to Maintain. If the Owner fails to maintain <br /> the Rain Garden in accordance with the Rain Garden Maintenance Plan,the City <br /> may deliver written notice of the failure to the Owner. If the City delivers such a <br /> notice,the Owner shall cure the failure within 30 days after the delivery of the <br /> notice. If the Owner does not cure the failure within the 30 days,the City may enter <br /> upon the Property and undertake any work necessary to maintain the Rain Garden, <br /> and the Owner shall reimburse the City for the costs of the work within 10 days <br /> after delivery of an invoice from the City. <br /> D. City Right to Inspect. <br /> The Owner hereby grants permission for the City to enter upon the <br /> Property from time to time to inspect and evaluate the maintenance and <br /> performance of the Rain Garden System. <br /> E. Other. <br /> The Owner consents to recording of this Agreement. This Agreement runs <br /> with the land and binds all of the Owner's successors-in-interest. This Agreement is <br /> the entire agreement between the City and the Owner relating to the Rain Garden. <br /> No amendment or termination of this Agreement is effective unless it is in writing <br /> and signed by the Owner and by City Public Works Director or his/her designee. <br /> In the event of termination of this Agreement,the City shall, at the request of the <br /> Owner,record a notice stating that this Agreement has terminated and that the <br /> Owner has no further obligations under this Agreement. <br /> Exhibit A to Rain Garden Maintenance Agreement <br />