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"acceptable wetland area" as described in the ordinances of the City. The restrictions on
<br /> an"acceptable wetland area" shall govern over any conflict with prohibited and permitted
<br /> uses otherwise set forth in this Agreement. Specifically, Grantor shall not construct or
<br /> install within the Easement Area any building, structure, walkway, fence, retaining wall,
<br /> fireplace, pole, playground equipment, road, hard cover, underground utility lines, or
<br /> utility distribution equipment, except feeders, birdhouses and other devices intended to
<br /> foster wildlife, retaining walls when allowed by City ordinance and under a valid permit
<br /> issued by the City, and non-hard cover walking paths when approved in writing by the
<br /> City. After creation of the rain garden no cutting, mowing or removing of shrubs or other
<br /> vegetation, cutting, destroying or removing of trees greater than four inches in diameter
<br /> except for disease control by or as directed by a governmental agency or by special
<br /> permit for maintenance as part of an approved vegetation management plan and to
<br /> maintain, repair and reconstruct the rain garden, shall be permitted. The foregoing shall
<br /> not prohibit the removal of brush, diseased or dead trees of any size, and buckthorn and
<br /> noxious weeds, from the Easement Area. After creation of the rain garden, no excavation
<br /> or filling or material alteration of the grade of the Easement Area, including changes to
<br /> the size, depth or contour of the Easement Area, dredging, mining or removal of earth,
<br /> loam, peat, gravel, soil or any other natural material, shall be permitted. Grantor shall not
<br /> permit the free roaming of domestic animals in the Easement Area or the deposit of
<br /> waste, yard waste or debris therein. Grantor shall not apply in the Easement Area any
<br /> fertilizers, whether natural or chemical, chemicals for the destruction or retardation of
<br /> vegetation, herbicides, pesticides or insecticides, except for noxious weed control by or
<br /> as directed by a governmental agency. No outside storage of any kind shall be permitted
<br /> in the Easement Area.
<br /> 3. Rights of the City. Grantor, for itself and its successors in title to the Property, hereby
<br /> grants to the City the affirmative right, but not the obligation, in order to effectuate the
<br /> purposes of this Agreement, to preserve, improve and enhance the slope, trees, vegetation
<br /> and natural habitat of the Easement Area by altering, clearing and removing trees or other
<br /> vegetation, changing the contour of the land, and planting trees and other vegetation, and
<br /> to enter upon the Easement Area at any time to enforce compliance with the terms of this
<br /> Agreement.
<br /> 4. Grant of Flowage Easement. Grantor hereby grants, gifts, quitclaims and conveys to the
<br /> City a perpetual flowage easement and right and privilege to trespass with water over and
<br /> upon any or all of the Easement Area.
<br /> 5. Release. Grantor, for itself and its successors in title to the Property, hereby remises,
<br /> releases, acquits and forever discharges the City and any and all of its officers and
<br /> employees of and from any and all claims, demands or causes of action of any kind or
<br /> nature whatsoever which may arise or accrue by virtue of any flowage or trespass with
<br /> water over and upon any or all of the Easement Area as permitted by this Agreement.
<br /> 6. No public interest. Nothing contained in this Agreement shall be construed as creating
<br /> any rights in the general public or as dedicating for public use any portion of the
<br /> Easement Area, except as expressly described in this Agreement.
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