July 2020- Declaration and Easement

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f. City Access and Maintenance Rights. The Declarant hereby grants permission to the City, its authorized agents and employees,to enter upon the Property and to inspect the stormwater runoff management facilities whenever the City deems necessary. The City shall provide the Declarant,its successors and assigns, copies of the inspection findings and a directive to commence with the repairs if necessary. g. Failure to Maintain. In the event the Declarant, its successors and assigns, fails to maintain the Stormwater Facilities in good working condition acceptable to the City and such failure continues for 60 days after the City gives the Declarant written notice of such failure, the City may enter upon the Property and take whatever steps necessary, including excavation and the storage of materials and equipment,to correct deficiencies identified in the Inspection Report. The City's notice shall specifically state which maintenance tasks are to be performed. The City may charge the costs, including assessing the City's costs to the Declarant's property taxes of such repairs,to the Declarant, its successors and assigns. This provision shall not be construed to allow the City to erect any structure of permanent nature on the land of the Declarant outside of the Easement Area for the Stormwater Facilities. It is expressly understood and agreed that the City is under no obligation to routinely maintain or repair said Stormwater Facilities, and in no event shall this Agreement be construed to impose any such obligation on the City. In addition,Declarant agrees that it is, and will be, solely responsible to address complaints and legal claims brought by any third party with regard to the maintenance and operation and the consequences there from the Stormwater Facilities. The Declarant expressly agrees to defend and hold the City harmless from any such third-party claim. 3. GRANT OF EASEMENT a. Declarant hereby grants to the City, its successors and assigns, a permanent non- exclusive easement for the purpose of accessing and maintaining the Stormwater Facilities pursuant to the terms of this Agreement over,on, across, under and through the Easement Area. b. The easement shall include the rights,but not the obligation,of the City, its contractors, agents,servants, and assigns,to enter upon the Easement to construct,reconstruct, inspect,repair, and maintain said private Stormwater Facilities together with the right to grade, level,fill, drain,pave,and excavate the Easement Area,and the further right to remove trees, bushes,undergrowth,and other obstructions interfering with the location, construction,and maintenance of said private Stormwater Facilities systems. 4. REIMBURSEMENT OF COSTS The Declarant agrees to reimburse the City for all costs incurred by the City in the enforcement of this Agreement, or any portion thereof,including court costs and reasonable attorneys'fees.