Drainage Easement Agreement - Encroachment Drain for Stormwater East Race – Commerce Center Development LLC

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-2- 3. Grant of Easement to CCD. The City hereby grants to CCD a non-exclusive, non- transferable easement in gross over, under, across and through the Easement Parcel to allow drainage from the CCD Parcel into the East Race Waterway. 4. Drainage Pipe. The outlet design is detailed on Exhibit C, attached hereto. CCD represents and warrants that the entire length of the drainage pipe installed on the CCD Parcel and on the Easement Parcel is comprised of a non-permeable material and that the joints used to connect the drainage pipe have been properly treated to ensure impermeability. Further, CCD shall at all times own and exclusively control the entire length of the drainage pipe that is installed on the CCD Parcel and the Easement Parcel. No changes to the drainage pipe shall occur without the prior written consent of the City Engineer or his or her designee. 5. CCD’s Treatment of Stormwater. No solids or floatables shall exit the drainage pipe at any time. If solids or floatables are seen emanating from the drainage pipe, the City shall immediately notify CCD in writing and CCD shall have twenty-four (24) hours from the time of such notice to cure the default. Additionally, CCD has installed an Aqua-SwirlTM unit by AquaShield Stormwater Treatment Solutions (the “Treatment System”). No changes, other than those expected to occur during routine maintenance, to the Treatment System shall be made without the prior written consent of the City Engineer or his or her designee. CCD shall adhere to the maintenance and inspection procedures and timelines set forth in the system maintenance guide to ensure proper functioning of the Treatment System at all times during this Agreement and shall provide sufficient copies of the maintenance records to the City’s MS4 Coordinator on or before December 31st of each year. In the event of CCD’s failure to maintain the Treatment System as evidenced by the City’s annual receipt of maintenance records, the City shall provide CCD with written notice in accordance with Section 11 below. 6. CCD’s Testing of Stormwater. CCD shall test the water emanating from the drainage pipe into the East Race Waterway at a minimum annually. Testing shall account for any bacteria, motor oil, chloride, pesticides, or other hazardous materials entering the East Race Waterway from the drainage pipe. CCD shall submit the results of such testing in an annual report to the City’s MS4 Coordinator on or before December 31st of each year. The City shall provide reasonable access to its parcel so samples can be collected. At the time this Agreement is signed the City shall provide CCD the contact information for the City’s MS4 Coordinator, the City shall then update that contact information, as necessitated by any changes in the information provided to CCD. In the event of CCD’s failure to test the water exiting the drainage pipe at the Easement Parcel at least annually as evidenced by a report to the City’s MS4 Coordinator, the City shall provide CCD with written notice in accordance with Section 11 below. 7. City’s Right to Inspect Treatment System and Test Stormwater. The City reserves the right, upon twenty-four (24) hours prior notice, to inspect the Treatment System to ensure its proper functioning. The City reserves the right to test or to cause to be tested the stormwater exiting the drainage pipe at the Easement Parcel at any time and for any reason. If the City finds during its inspection of the Treatment System or its testing of the water at the drainage pipe any issues that require