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1. CITY MAINTENANCE OBLIGATIONS. City shall provide maintenance of tl <br />storm water "conveyance" facilities located within the storm water drainage <br />easement as shown on-attached "Exhibit B". "Conveyance" facilities shall <br />include the normal storm water flow channel of swales, ditches, and streams, <br />located within storm water drainage easement. Maintenance of couveywice <br />within swales, ditches and streams shall be limited to maintaining the hydraulic <br />capacity of the flow channel of such facilities. <br />2. CHILTON OBLIGATIONS. Development activities in the drainage easement <br />area shall be limited to the removal of hazardous or nuisance vegetation as <br />defined in the Eugene Code, or to City activities necessary for maintenance of thf <br />drainage channels. Except as otherwise required by law, no structure, including <br />fences, shall be allowed in the easement areas. No fill or dumping of debris shall <br />be allowed within the easement area. Except for any maintenance provided by th <br />City of Eugene of the storm water "conveyance" facilities within the easement <br />area, the maintenance of the easement area, including protection of vegetation, <br />maintenance of the riparian zone and erosion control shall be the responsibility of <br />the property owner. The property owner shall avoid allowing any pesticides, <br />herbicides, fertilizers, petroleum based products or other hazardous or foreign <br />substances originating from the owners property to contaminate the drainage way <br />The property owner shall refrain from excavation of soils or other acts within the <br />easement area which will cause erosion into the drainage channels. No water <br />shall be diverted from the drainage channel within drainage easement. The <br />property owner shall abide by all conditions set forth in any fill/removal permits <br />issued by the Oregon Division of State Lands, United States Army Corps of <br />Engineers or City of Fugate."for any development activity within the easement <br />area. <br />The public drainage easement shall include the right of access for inspection and <br />public maintenance purposes which shall be accorded all appropriate governmeni <br />agencies. <br />3. MODIFICATIONS. Modifications of physical features within the storm water <br />drainage easement or the restrictions and obligations pertaining to the drainage <br />easement outlined herein, by CHILTON or their successors in interest may not <br />amended or repealed without the concurrence of the City of Eugene, which <br />concurrence shall be in writing and recorded in the Official Records of Lane <br />County, <br />4. ACCESS. CHILTON shall provide a permanent legal access route for CITY <br />maintenance staff and vehicles from adjacent public streets prior to acceptance <br />the City of any public improvements constructed on the Property. <br />Page 2 - Storm Water Maintenance Agreement <br />