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o-002 <br />STORM DRAINAGE MAINTENANCE AGREEMENT <br />BETWEEN: The City of Eugene, an Oregon <br />Municipal Corporation (City) <br />AND: (Developer) <br />RECITALS <br />A. Developer owns certain property within the City of Eugene, Lane County, Oregon described in <br />Exhibit A attached hereto ("Property'). <br />B: Developer has requested approval by City of development of the Property. Developer's proposed <br />development involves the creation of storm drainage facilities described graphically in Exhibit B. <br />C. The storm water drainage system is design to provide water quality benefits to the runoff and to <br />limit the amount of runoff entering the public piped storm water conveyance system. <br />D. City and Developer wish to enter into this agreement to set forth the parties; understanding and <br />obligations relating to the maintenance of the storm drainage system components developed on the <br />Property. <br />E. The following are attached and incorporated as a part of this contract: <br />Exhibit A - Legal Description <br />Exhibit B - Castro Subdivision Plat <br />AGREEMENT <br />Now, therefore, in consideration of the foregoing Recitals, which by this reference are incorporated herein <br />as if set forth in full, and of the mutual covenants, conditions and obligations on the part of each party to <br />be kept and performed, it is hereby agreed as follows: <br />CITY MAINTENANCE OBLIGATIONS: City shall provide maintenance of the storm water <br />"conveyance" facilities located within the dedicated storm water drainage easements as shown on <br />Exhibit B. "Conveyance" facilities shall include the normal storm water flow channel of swales, <br />ditches and streams, and public pipes, inlets and related structures located within storm water <br />drainage easements. Maintenance of conveyance within swales, ditches and streams shall be limited <br />to maintaining the hydraulic capacity of the flow channel of such facilities. <br />DEVELOPER OBLIGATIONS: Developer shall record covenants, conditions and restrictions <br />subjecting the Property and each owner of any portion thereof to the following obligations, <br />covenants, conditions and restrictions pertaining to the dedicated storm water drainage easement as <br />shown on the recorded subdivision plat of the Property: <br />