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(3) To control flooding that results from rainfall events; <br />(4) To deter the disruption of the habitat of aquatic plants and animals; <br />(5) To promote intergovernmental cooperation in effectively and efficiently <br />managing stormwater run-off, <br />(6) To maintain, repair, and enhance stormwater systems located within the <br />municipal boundaries of the CITY in accordance with Attachment B. This shall include <br />flushing existing drainage pipes, vacuuming drainage structures, performing repairs (i.e.: <br />catch basins, manholes, etc.), maintaining stormwater pump stations and their mechanical <br />and electrical components, and equipment appurtenant thereto; and <br />(7) To construct such stormwater improvements necessary to enhance <br />stormwater management. <br />ARTICLE II <br />DEFINITIONS <br />Agreement shall mean this document, including any written amendments hereto, <br />the attachments, and other written documents which are expressly incorporated herein by <br />reference. <br />City Stormwater Services Budget shall mean is the CITY's approved budget under <br />the City Storm Water Services Department's Storm Water Fund. <br />Costs allocable to the City shall mean are those costs approved by the CITY in <br />the yearly budget process, related to stormwater and encompassed in the scope of work <br />set forth in Attachment B of this Agreement. <br />Fiscal Year shall mean the period beginning on October 1 and ending on <br />September 30. <br />Force Majeure shall mean an act of God, epidemic, lightning, earthquake, fire, <br />explosion, hurricane, flood or similar occurrence, strike, an act of a public enemy, or <br />blockade, insurrection, riot, general arrest or restraint of government and people, civil <br />disturbance or similar occurrence, which has had or may reasonably be expected to have <br />a material adverse effect on the rights or obligations under this Agreement, and which, <br />by the exercise of due diligence, such parties shall not have been able to avoid. Such acts <br />or events DO NOT INCLUDE inclement weather (except as noted above) or the acts or <br />omissions of subcontractors, third -party contractors, material men, suppliers, or their <br />subcontractors, unless such acts or omissions are otherwise encompassed by the <br />definition set forth above. <br />DKV:AARnk:kb:10/29/98:Sum yhles-Maintenance 3 <br />