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AGREEMENT <br />Now, therefore, in consideration of the foregoing Recitals, which by this reference are <br />incorporated herein as if set forth in full, and of the mutual covenants, conditions and <br />obligations on the part of each party to be kept and performed, it is hereby agreed as follows: <br />CITY MAINTENANCE RIGHTS AND OBLIGATIONS: City shall provide <br />maintenance of the storm water "conveyance" facilities located within the dedicated story <br />water drainage facility shown on Exhibit "B". "Conveyance" facilities shall include the <br />normal storm water flow channel within the easement area, and the public pipes, inlets ar <br />related structures located within the storm water drainage easements. Maintenance of <br />conveyance within the easement area shall be limited to maintaining the hydraulic capaci <br />of the flow channel of such facilities. <br />2. LIMITATIONS ON CITY OBLIGATIONS: The City obligations to maintain the <br />slough are limited to maintaining the conveyance function of the slough for storm water. <br />The City assumes no obligation under this Agreement to maintain vegetation in or adjace <br />to the slough, including noxious or other vegetation. The slough is developed with some <br />improvements, including a gazebo and engineered walkways. These are private <br />improvements. The City has no obligation to maintain or replace the existing <br />improvements or any other private improvements that may be developed in the future. <br />DEVELOPER MAINTENCE OBLIGATIONS: Developer shall take no actions that <br />will block the flow of storm water through the slough in either direction. The City <br />maintenance rights shall not impair the rights of the Developer to make lawful <br />improvements in the easement area of the slough, provided that such improvements do r <br />block the flow of storm water. This agreement does not increase the Developers obligat <br />for maintenance of vegetation as described in City Code. <br />4. TERM/BINDING EFFECT: This agreement shall run with the land, and shall be binc <br />on Developer's heirs, successors, and assigns. This agreement shall remain in full force <br />and effect unless canceled or modified with the unanimous consent of both parties. <br />5. MERGER/AMENDMENT: With respect to storm water easements and maintenance, <br />there are no other undertakings, promises or agreements, either verbal or in writing other <br />than those which are contained in this agreement and those contained on the recorded pla <br />Any amendments to this agreement shall be in writing and executed by both parties. <br />6. APPLICABLE LAWS/JURISDICTION: The laws of the State of Oregon shall be <br />used in construing this agreement and enforcing the rights and remedies of the parties. <br />Upon recording please return to: Public Works Maintenance, 1280 Roosevelt, Eugene, OR, 97401 <br />The parties further agree that jurisdiction over this agreement and matters relating the <br />shall be in the courts of the State of Oregon. <br />STORM DRAINAGE MAINTENANCE AGREEMENT/THE FOUNTAINS PAGE 12 <br />