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SEP. 13, 2006 11 .40AM Mail EDINA REALTY TITLE CLAIMS N0. 2964 P. 36/59 by Gronberg&Associates and approved by City. Section 2. Maintenance. For purposes of this Declaration,maintenance of the pond and the Rain Garden shall mean maintenance as reasonably requested by City in writing. Section 3. Maintenance b.X Homeowners Association. The Homeowners Association shall be solely responsible for the maintenance of the Pond and the Rain Garden,and shall beat all costs of such maintenance. If the Homeowners Association does not undertake maintenance within 30 days of notification by City, City may undertake such nu-dntenauce, but the costs reasonably incurred by City for performing such maintenance shall be reimbursed to City by the Homeowners Association. Section 4. Al 'on. All costs which City may incur in performing its maintenance responsibility under this Agreement shall be reimbursed to City by the Homeowners Association. Section 5. City May Assess. On each occasion that City is required to perform the maintenance,if City is not reimbursed within thirty(30)days by the Homeowners Association, City may levy a special assessment against.all Lots. The assessment shall be spread over a reasonable period to be determined by City,but no less than five(5)years,together with interest on the unpaid balance at a.reasonable rate to be determined by City,but not to exceed two(2)percentage points above the prime lending rate as published from time to time by the Wall Street Journal. The current owners of the Real Property waive all procedural and substantive objections to the public improvements and special assessments including but not limited to heating and notice requuements and claims that the amount of the assessment exceeds the benefit to the property, The right to appeal the assessments pursuant to Minn. Stat, § 429.081 is also waived. 4