Storm Drain Outlets. In connection with the Project, CSU shall maintain the Proximate Storm Drain Facilities. The City has advised that the Proximate Storm Drain Facilities are permitted under the Wetland Mitigation Project Agreements and are located in exclusion areas, and are therefore outside the boundaries of the Wetland Mitigation Project Site. CSU shall comply with any applicable terms of the Wetland Mitigation Project Agreements in connection with maintenance of the Proximate Storm Drain Facilities, but the City will remain primarily responsible for compliance with the terms and requirements of the Wetland Mitigation Project Agreements, including ensuring the successful completion of the Wetland Mitigation Project and the timely achievement of all monitoring, maintenance, and compliance standards described in the Wetland Mitigation Project Agreements. The City agrees to promptly deliver to CSU copies of any correspondence or notices delivered to or received from the regulatory agencies issuing, enforcing or monitoring compliance with the Wetland Mitigation Project Agreements. The easement for the Proximate Storm Drain Facilities shall be in a form substantially consistent with Attachment 31.
Storm Drain Outlets. The City will use commercially reasonable efforts to deliver the Proximate Storm Drain Facilities to CSU upon the Closing in a condition that is free of debris and vegetation and allows for the Proximate Storm Drains Facilities to properly function. If despite the City’s commercially reasonable efforts, the City is unable to deliver the Proximate Storm Drain Facilities in such condition upon the Closing, the City will endeavor diligently to place the Proximate Storm Drain Facilities in such condition at the earliest practicable date. From and after the date on which the City delivers the Proximate Storm Drain Facilities to CSU in such condition, CSU will operate and maintain the Proximate Storm Drain Facilities at CSU’s sole expense. The City has advised that Proximate Storm Drain Facilities are permitted under the Wetland Mitigation Project Agreements and are located in exclusion areas, and are therefore outside the boundaries of the Wetland Mitigation Project Site. To the extent applicable, CSU will comply with any applicable terms of the Wetland Mitigation Project Agreements in connection with maintenance of the Proximate Storm Drain Facilities, but the City will remain primarily responsible for compliance with the terms and requirements of the Wetland Mitigation Project Agreements, including ensuring the successful completion of the Wetland Mitigation Project and the timely achievement of all monitoring, maintenance, and compliance standards described in the Wetland Mitigation Project Agreements. The City agrees to promptly, but in any event within ten (10) Business Days of City’s receipt, deliver to CSU copies of any correspondence or notices delivered to or received from the regulatory agencies issuing, enforcing or monitoring compliance with the Wetland Mitigation Project Agreements. The easement for the Proximate Storm Drain Facilities will be in a form substantially consistent with Attachment 31.
