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• • <br />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 <br />follows: <br />1. CITY MAINTENANCE RIGHTS AND OBLIGATIONS:. City shall provide <br />maintenance of the storm water "conveyance" facilities located within the dedicated <br />storm water drainage facility shown on Exhibit "B". "Conveyance" facilities shall <br />include the normal storm water flow channel within the easement area, and the public <br />pipes, inlets and related structures located within the storm water drainage easements. <br />Maintenance of conveyance within the easement area shall be limited to maintaining <br />the hydraulic capacity 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 <br />water. The City assumes no obligation under this Agreement to maintain vegetation <br />in or adjacent to the slough, including noxious or other vegetation. The slough is <br />developed with some improvements, including a gazebo and engineered walkways. <br />These are private improvements. The City has no obligation to maintain or replace <br />the existing improvements or any other private improvements that may be developed <br />in the future. <br />3. DEVELOPER MAINTENANCE OBLIGATIONS: Developer shall take no <br />actions that will block the flow of storm water through the slough in either direction. <br />The City maintenance rights shall not impair the rights of the Developer to make <br />lawful improvements in the easement area of the slough, provided that such <br />improvements do not block the flow of storm water. This agreement does not <br />increase the Developers obligation for maintenance of vegetation as described in City <br />Code. <br />4. TERM/BINDING EFFECT: This agreement shall run with the land, and shall be <br />binding on Developer's heirs, successors, and assigns. This agreement shall remain <br />in full force and effect unless canceled or modified with the unanimous consent of <br />both parties. <br />5. MERGER/AMENDMENT: With respect to storm water easements and <br />maintenance, there are no other undertakings, promises or agreements, either verbal <br />or in writing other than those which are contained in this agreement and those <br />contained on the recorded plat. Any amendments to this agreement shall be in <br />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 />STORM DRAINAGE MAINTENANCE AGREEMENT/THE FOUNTAINS PAGE 2 <br />