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Property, Fernside Street and Harcross Road ("Maintenance Area") as the Improvements and <br />Maintenance Area are more specifically shown on Exhibit "B" (Conceptual Plans) attached hereto and by <br />this reference made a part hereof. Minor modifications to Exhibit B may occur with the prior written <br />consent of the City. <br />G. Property Owner understands and agrees that it will not allow any other property to connect <br />to the Private Improvements. <br />H. The City and the Property Owner desire to enter into an agreement pursuant to which the <br />Property Owner will install and maintain the Improvements within the Maintenance Area as both are <br />depicted on Exhibit `B" and as more specifically described in this Agreement. <br />AGREEMENT <br />NOW, THEREFORE, the City and the Property Owner (together, the "Parties") hereby agree as <br />follows: <br />1. PURPOSE OF AGREEMENT: LIMITS ON DISCHARGES. The purpose of this <br />Agreement is to assure the proper installation, maintenance, periodic inspection, repair, safe operation and, <br />if and when necessary, replacement of the Improvements by the Property Owner at its expense in <br />accordance with the standards, including the Maintenance Standards (defined in Section 4 below), set forth <br />herein. Only discharges consistent with effluent produced by one single family home and its associated <br />permitted structures and uses shall be allowed to discharge into and benefit from the private sewage utilities <br />and City's waste water collection system. Discharges from the Property or benefits to the Property that is <br />not specifically stated in this agreement shall not be permitted. <br />2. IMPROVEMENTS AS A BENEFIT. The Property Owner agrees that the Improvements <br />will materially and solely benefit the Property and that Property Owner's maintenance, repair, safe operation <br />and, if and when necessary, replacement thereof in accordance with this Agreement is necessary for <br />approval of the Property Owner's Construction Plans and Encroachment Permit. <br />3. PROPERTY OWNER'S RESPONSIBILITIES. <br />a. Property Owner, at its sole expense, shall maintain, safely operate, periodically <br />inspect, repair, resurface and, if and when necessary, replace the Private Improvements as well as perform <br />all necessary service on maintenance equipment, in order to ensure the condition and safety of any and all <br />structures, and the efficient operation of all of the Private Improvements, all in accordance with the <br />Maintenance Standards described in Section 4 below, and industry, State regulations and State issued <br />permits and City's Ordinances and City standards applicable to similar improvements and utilities service. <br />b. Prior to installation of new connection and sewer infrastructure, Property Owner <br />shall conduct a condition assessment and video record of existing sewer pipes downstream of the proposed <br />sewer connection in accordance to City's Engineering Standards. Prior to discharge and after installation, <br />Property Owner shall video record all newly installed sewer infrastructure and existing sewer pipes <br />downstream of new sewer connection in accordance with City's Engineering Standards. <br />C. Property Owner shall raise the sewer manhole rim during street resurfacing <br />improvement projects as directed by the City. In the event the Property Owner fails to raise the sewer <br />manhole rim, the City shall have the right to do so and receive reimbursement from the Property Owner <br />2of12 <br />REV: 5-23-19 PR <br />ATTY/AGR.2019.140/Yip —Sewer Maintenance Agreement <br />