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to reasonably monitor system performance, operational flows, or defects. Except in the case of emergencies, the City agrees to limit its inspection rights to normal business hours. Section 4. Reporting. The Owner shall be responsible for inspecting and maintaining the Drainage Swale at minimum, on an annual basis. The Owner shall provide a letter to the City Engineer, by September is1 of each year, stating that inspection and maintenance have been completed (the "Inspection Re port"). Section 5. Repairs, Failure of Owner to Maintain. If at any time the City Engineer does not receive the Inspection Report, and the City determines that maintenance or repair work is required to be performed on the Drainage Swale, the City Engineer or his/her designee shall give written notice to the Owner of the system deficiency(ies). The City Engineer shall also set a reasonable time in which the Owner shall cause to have performed the necessary repairs. If the repair or maintenance required by the City Engineer is not completed within the time set by him/her, the City may perform the required maintenance and/or repair, all at the Owner's expense. Written notice will be sent to the Owner, stating the City's intention to perform such repair or maintenance, and such work will not commence until at least 15 days after such notice is mailed, except in situations of emergency. If, within the sole discretion of the City Engineer, there exists an imminent or present danger to the Drainage Swale, the City's facilities, or the public health and safety, such 15-day period will be waived and maintenance and/or repair work will begin immediately. Section 6. Cost of Repairs and/or Maintenance. The Owner shall assume all responsibility for the cost of any maintenance and repairs to the Drainage Swale, including all associated engineer's fees, attorney's fees and administrative costs. Such responsibility shall include reimbursement to the City within 30 days after the City mails an invoice to the Owner for any work performed by the City. Overdue payments will require payment of interest at the then-current legal rate, as liquidated damages. Section 7. Notice to City of Repairs and/or Maintenance. The Owner is hereby required to obtain written approval from the City Engineer prior to performing any , modifications to the Drainage Swale. Section 8. Rights Subject to Permits and Approvals. The rights granted herein are subject to permits and approvals granted by the City affecting the Property subject to this Maintenance Agreement and Restrictive Covenant. Section 9. Terms Run with the Property. The terms of this Maintenance Agreement and Restrictive Covenant are intended to be and shall constitute a covenant running with the Property and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, successors, and assigns. Section 10. Notice. All notices required or permitted hereunder shall be in writing and shall either be delivered in person or sent by certified U.S. Mail, return-receipt requested, and shall be deemed delivered on the sooner of actual receipt of three (3) days after deposit in the mail, postage prepaid, addressed to the City or the Owner at the addresses set forth below: To the City: City Manager 73