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in accordance with the survey attached hereto as Exhibit B (collectively, "Approvals and
<br /> Plans"). Hereafter, Grantor shall maintain the rain garden in perpetuity in accordance with
<br /> the Approvals and Plans, free from mowing or other vegetative disturbance. Specifically,
<br /> Grantor shall not construct or install within the Easement Area any building, structure,
<br /> walkway, fence, retaining wall, fireplace, pole, playground equipment, road, hard cover,
<br /> underground utility lines, or utility distribution equipment, except feeders, birdhouses and
<br /> other devices intended to foster wildlife, retaining walls when allowed by City ordinance
<br /> and under a valid permit issued by the City, and non-hard cover walking paths when
<br /> approved in writing by the City. After creation of the rain garden no cutting, mowing or
<br /> removing of shrubs or other vegetation, cutting, destroying or removing of trees greater
<br /> than four inches in diameter except for disease control by or as directed by a governmental
<br /> agency or by special permit for maintenance as part of an approved vegetation management
<br /> plan and to maintain, repair and reconstruct the rain garden, shall be permitted. The
<br /> foregoing shall not prohibit the removal of brush, diseased or dead trees of any size, and
<br /> buckthorn and noxious weeds, from the Easement Area. After creation of the rain garden,
<br /> no excavation or filling or material alteration of the grade of the Easement Area, including
<br /> changes to the size, depth or contour of the Easement Area, dredging, mining or removal
<br /> of earth, loam, peat, gravel, soil or any other natural material, shall be permitted. Grantor
<br /> shall not permit the free roaming of domestic animals in the Easement Area or the deposit
<br /> of 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 as
<br /> directed by a governmental agency. No outside storage of any kind shall be permitted in
<br /> 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 Property and Easement Area at any time to enforce compliance with the
<br /> terms of this Agreement, all upon reasonable prior notice to Grantor.
<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 any
<br /> rights in the general public or as dedicating for public use any portion of the Easement
<br /> Area, except as expressly described in this Agreement.
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