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<br />person and the owner enter into a binding legal agreement that meets the requirements of <br />this subsection. The person must agree to comply with the requirements of this division <br />and with the terms and conditions of the SWQ permit, including adherence to the <br />operation and maintenance requirements specified therein. The third-party agreement <br />shall grant fee simple title to all structural controls to the person, provide an easement if <br />necessary to allow access by person across the owner's property to maintain structural <br />controls or to implement non-structural controls, and if necessary, to allow storm water <br />from the owner's property to drain across any adjacent property to a designated structural <br />control. The legal agreement shall also provide that in the event of its termination for any <br />reason, including by either choice or default, the obligation to comply with the provisions <br />of this division shall revert to the owner of the land. <br /> <br />Sec. 34-263. Assumption of maintenance requirements. <br /> <br />(a) The city shall only enter into a structural control maintenance agreement to assume <br />responsibility for long-term maintenance of structural controls pursuant to section 34- <br />262(a)(2) if the city engineer determines that: <br /> <br />(1) The SWQMP on which the SWQ permit is based only includes structural <br />controls; <br /> <br />(2) The structural controls serve either: <br /> <br />(a) Only the single-family residential lots in a recorded subdivision; or <br /> <br />(b) The single-family residential lots and reserves in a recorded subdivision if <br />the single-family residential lots constitute more than 80 percent of area <br />served by the controls and the aggregate of all reserves served by the <br />controls equals less than five acres; <br /> <br />(3) The structural controls are suitable for public maintenance; and <br /> <br />(4) The structural controls have been properly installed. <br /> <br />(b) The city engineer shall develop a list of structural controls suitable for public <br />maintenance and the design criteria for the controls on the list, and shall publish them in <br />the design manual. A structural control shall be suitable for public maintenance if <br />maintenance of it will involve activities the same or similar to the activities performed by <br />the department of public works and engineering's maintenance and right-of-way division. <br /> <br />(c) The city shall assume the long-term maintenance requirements of all structural controls <br />specified in the SWQMP only in exchange for a payment in an amount equivalent to the <br />estimated cost of maintaining the structure for ten years as determined by the city <br />engmeer. <br /> <br />22 <br />