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HomeMy WebLinkAboutFile Documents.208 E Main St.0044.2017 (5).ARBKAugust 208 MAIN LLC 273707399002 3. Duty of Documentation. The Landowner, its successors and assigns, shall document inspections, maintenance, and repairs performed and provide said documentation to the City or its representatives upon request. 4. Right of Entry on Property. The Landowner, its successors and assigns, hereby grant permission to the City, its authorized agents and employees, to enter upon the Property at reasonable times and upon presentation of proper identification, and to inspect the stormwater management/BMP facilities whenever the City deems necessary. The purpose of inspection is to follow-up on suspected or reported deficiencies, to respond to citizen complaints, and/or to assure safe and proper functioning of the facilities. The City shall provide the Landowner, its successors and assigns, copies of the inspection findings and a directive with timeline to commence with the repairs if necessary. 5. Failure to Maintain. In the event the Landowner, its successors and assigns, fails to construct, operate and maintain the stormwater management/BMP facilities in good working condition acceptable to the City, the City, its authorized agents and employees, may enter upon the Property and take whatever action(s) deemed necessary to correct deficiencies identified in the inspection report and to charge the costs of such construction or repairs to the Landowner. It is expressly understood and agreed that the City is under no obligation to install, construct, or routinely maintain or repair said stormwater management/BMP facilities, and in no event shall this Agreement be construed to impose any such obligation on the City. 6. Reimbursement by Landowner. In the event the City pursuant to this Agreement, performs work of any nature, or expends any funds in performance of said work for labor, use of equipment, supplies, materials, and the like, the Landowner, its successors or assigns, shall reimburse the City upon demand, within thirty (30) days of receipt thereof for all actual costs incurred by the City hereunder. 7. Duty to Inspect by City. The City, its employees or representatives, shall inspect the stormwater management/BMP facilities at a minimum of once every three years to ensure their continued and adequate functioning. 8. Release of City. The Landowner, its executors, administrators, assigns, and other successors in interests, shall release the City, its employees and designated representatives from all damages, accidents, casualties, occurrences, or claims which might arise or be asserted against said City, employees, and representatives from the construction, presence, existence, operative or maintenance of the stormwater management/BMP facilities by the Landowner or City. In the event that a claim is asserted against the City, its elected officials, City Officers or employees, the City shall promptly notify the Landowner and the Landowner shall defend, at its own expense, any suit based on the claim. If any judgment or claims against the City’s employees or designated representatives shall be allowed, the Landowner shall pay all costs and expenses regarding said judgment or claim. 9. Recording of Agreement running with the Property. This Agreement shall be recorded in the real property records of Pitkin County, Colorado, and shall constitute a covenant running with the Property or land, and shall be binding on the Landowner, its administrators, executors, assigns, heirs and any other successors in interests, in perpetuity.