|
the volume of excess storm water that will be piped from the Catch Basin, provided, however, that
<br />any excess flow exceeding the capacity of the Catch Basin will overflow north into the East
<br />Madison Street Right -of -Way. The Company will maintain and use the Catch Basin so that it will
<br />perform at its maximum capacity at all times during the term of the License, such that no water
<br />will be piped from the Catch Basin to the Storm Sewer except as defined in the Plan.
<br />3. The City hereby approves the Company's connection of the Catch Basin to the
<br />Storm Sewer retroactively to the Effective Date. The City acknowledges that the Company, at its
<br />sole expense, has constructed, installed, and will maintain any and all piping, erosion control
<br />infrastructure, or other elements necessary to drain storm water from the Catch Basin into the
<br />Storm Sewer under the conditions and in the manner stated in this Agreement.
<br />4. The Company, at its sole expense and subject to the City Engineer's approval, will
<br />construct screening or other water quality management structures at appropriate locations to
<br />prevent any discharge of pollutants, debris, or other materials from entering the Storm Sewer.
<br />5. Upon receiving the Strom Water Notice, it will be solely the Company's
<br />responsibility to determine and execute an alternative means of discharging all storm water arising
<br />out of the Company's construction of the Parking Lot on the Property, which will comply with all
<br />applicable laws and regulations. Notwithstanding the Company's foregoing responsibility, the
<br />time and manner of the Company's disconnection of the Catch Basin from the Storm Sewer is
<br />subject to prior written approval by the City Engineer (or her designee), and the City Engineer may
<br />withhold, condition, or delay such approval for any reason. The Company will pay all expenses
<br />related to its disconnection of the Catch Basin from the Storm Sewer, which may include
<br />abandoning the sewer, and the completion of such disconnection will be subject to inspection and
<br />approval by the City Engineer (or her designee).
<br />6. The City reserves its right to charge the Company a reasonable fee for the
<br />Company's annual use of the City's storm sewer system as defined by present and future City
<br />ordinances and regulations.
<br />7. The Company shall not cause or permit, knowingly or unknowingly, any hazardous
<br />material to be brought or remain upon, kept, used, discharged, leaked, or emitted at the Parking
<br />Lot or the Property. The Company understands and agrees that it will, at its own expense, observe
<br />and comply with all applicable statutes, laws, ordinances, requirements, orders, rules, and
<br />regulations of all governmental authorities in relation to its use of the Parking Lot and the Property.
<br />8. To the extent that any portion of the Storm Sewer or any other City -owned property
<br />is disturbed or damaged in connection with the Company's connection to, use of, or disconnection
<br />from the Storm Sewer under the License, the Company, at its sole expense, will restore such
<br />property to the same or better condition that existed immediately prior to such disturbance or
<br />damage to the City's satisfaction, as determined in the City's sole discretion.
<br />9. The Company agrees and undertakes to defend, indemnify, and hold harmless the
<br />City, and its agents, employees, successors, and assigns (the "Indemnified Parties"), from and
<br />against any liabilities, losses, costs, damages, or expenses, including attorneys' fees, which the
<br />
|