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In addition to the provisions in said subsections A through and K,above,and to the
<br /> extent not in conflict with those provisions,no alteration,change,modification,
<br /> installation, or construction, of any type or nature,whether tempor�y or pennanent,
<br /> structural, aesthetic,or otherwise(collectively referted to in this Agreement as the
<br /> "Alterations"), shall occur on or within the Easexnent Premises uniess and until the
<br /> Alterations are approved by the Association(or an architecturai cornmittee established by
<br /> the Association)pursuant to the terms of the Declaration;provided.,that any portion of a
<br /> Sewage Treatment System within a Lot shall be maintained,repaired, and replaced by the
<br /> owner(s)of the Lot as set forth in the Declaration(and each such owner has the right to
<br /> perform such nnaintenance,repair,and replacement{as well as does the Associarion in
<br /> the event such maintenance,repair, and replacement is not properly performed by such
<br /> owner(s}).
<br /> 2. Prohibition of Sewaee Treatment System in Wedand Area. No Sewage Treatment
<br /> System shall be located within the wetland area.depicted on the Plat.
<br /> 3. Ri�hts of the City. Crrantor,its successois and assigns,futther grants to the City the
<br /> affirmative right,but not the obligation,to do the following on the Easement Premises:
<br /> A. Preserve,improve, and enha.nce the slope,trees,vegetation, and natural habitat by
<br /> altering,clearing,and removing trees or other vegetation,by changing the contour
<br /> of the land,and by planting trees or other vegeta.tion.
<br /> B. Enter upon the Easement Premises at any time to enforce compliance with the
<br /> terms of this Agreement.
<br /> 4. Reservation of Rights of and by Grantor. Gzantor reserves for itself and for its successors
<br /> and assigns and its invitees, and for the Association and for the owners and occupants of
<br /> the Lots (and their families,visitors,and invitees), the right to entez upon the Easexnent
<br /> Premises and to do and perform on the Easement Premises such acts as are not
<br /> inconsistent with the easement rights granted to the City hezeizi. Such uses shall be
<br /> deemed to include,but not be limited to,planting of trces,flowers,and other vegetation
<br /> consistent with a conservation easement;walking along trails and paths;bird watching;
<br /> the study of nature;and a11 other acts of a similar nature or pwrpose. In addition to the
<br /> provisions of this Section 4,or any other provision in this Agreement,and if not in
<br /> cflnflict with any such provision(s),no actions or activities by any person on or within the
<br /> Easement Premises shall violate the provisions of the Declara.tion or the Association's
<br /> Bylaws, Articles of Incorporation,or Rules and Regulations(ali as may be amended,
<br /> znodified or supplemented from time ta time).
<br /> 5. Grant of Flowa�e Easement. Grantor hereby grants, gifts, quit claims 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 Premises,but not to the detriment of the Lots,#he
<br /> Common Elements,the Association,or the ovmers or occupants of the Lots.
<br /> soa�.�a
<br /> 3
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