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33 <br /> computed by estimating the maintenance cost for twenty-five (25) years <br /> and multiplying this amount by two-fifths or 0.4. <br /> Upon default of the owning entity to maintain, repair and, if necessary, <br /> reconstruct the stormwater control structure in accordance with the <br /> Operation and Maintenance Agreement, the County shall obtain and use <br /> all or any portion of the cash security to make necessary improvements <br /> based on an engineering estimate. Such expenditures of funds shall only <br /> be made after exhausting all other reasonable remedies seeking the owning <br /> entity to comply with the terms and conditions of the Operations and <br /> Maintenance Agreement. The County shall not return any of the <br /> deposited cash funds. <br /> b) Maintenance and Upkeep <br /> Operation and Maintenance Agreement Required <br /> The permit applicant shall enter into a binding Operation and Maintenance <br /> Agreement between Orange County and all interests in the development. <br /> Said Agreement shall require the owning entity to maintain, repair and, <br /> if necessary, reconstruct the stormwater control structure in accordance <br /> with the operation and management plan or manual prepared by the <br /> developer. The Operations and Maintenance Agreement shall be filed <br /> with the Orange County Register of Deeds. <br /> Operation and Maintenance Plan Required <br /> An operation and maintenance plan or manual shall be provided by the <br /> developer for each stormwater control structure, indicating what operation <br /> and maintenance actions are needed, what specific quantitative criteria will <br /> be used for determining when those actions are to be taken and, consistent <br /> with the Operations and Maintenance Agreement, who is responsible for <br /> those actions. The Plan shall clearly indicate the steps that will be taken <br /> for restoring a stormwater control structure to its design specifications if <br /> a failure occurs. <br /> . Landscaping and Grounds Maintenance <br /> Landscaping and grounds maintenance shall be the responsibility of the <br /> owning entity. However, vegetation shall not be established or allowed <br /> to mature to the extent that the integrity of the control structure is <br /> diminished or threatened, or to the extent of interfering with any easement <br /> or access to the stormwater structure. <br /> 10 <br />