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0 <br />After recording return to: <br />Poage Engineering and Surveying <br />P.O. Box 2527 <br />Eugene, OR 97402 <br />U <br />STORM DRAINAGE MAINTENANCE AGREEMENT <br />BETWEEN: The City of Eugene, an Oregon <br />Municipal Corporation (City) <br />AND: BANA Land Development, LLC, an Oregon <br />Liability Company (Developer) <br />RECITALS <br />Q <br />A. Developer owns certain property within the City of Eugene, Lane County, Oregon described in <br />Exhibit A attached hereto ("Property"). NOV o ' 2007 <br />B. Developer has requested approval by City of development of the Property. Developer's proposed v <br />development involves the creation of storm drainage facilities shown graphically in Exhibit B. <br />The storm water drainage system is designed 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 />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 />The following are attached and incorporated as a part of this contract: <br />Exhibit A - Legal Description of Public Drainage Easement <br />Exhibit B - Public Drainage Easement <br />AGREEMENT <br />Now, therefore, in consideration of the foregoing Recitals, which by this reference are incorporated <br />herein as if set forth in full, and'of the mutual covenants, conditions and obligations on the part of each <br />party to 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 easement across Lot 1 of <br />Bushnell Lane Subdivision as shown on Exhibit B. "Conveyance" facilities shall include the <br />normal storm water flow channel of swales, and public pipes, inlets and related structures located <br />within public streets and storm water drainage easements. Maintenance of conveyance within <br />swales shall be limited to maintaining the hydrauliccapacity of the flow channel of such facilities. <br />2. 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 public street and dedicated storm water <br />drainage easement as shown on the recorded subdivision plat of the Property: <br />April 25, 2007 <br />3699agrOl.wpd Page 1 of 4 <br />7~®®42~ <br />