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b. The easement shall include the rights, but not the obligation, of the City, its contractors,
<br /> agents, servants, and assigns, to enter upon the Easement to construct, reconstruct,
<br /> inspect, repair, and maintain said private Stormwater Facilities together with the right to
<br /> grade, level, fill, drain, pave, and excavate the Easement Area, and the further right to
<br /> remove trees,bushes, undergrowth, and other obstructions interfering with the location,
<br /> construction, and maintenance of said private Stormwater Facilities systems.
<br /> 5. REIMBURSEMENT OF COSTS
<br /> The Declarant agrees to reimburse the City for all costs incurred by the City in the enforcement of
<br /> this Agreement, or any portion thereof, including court costs and reasonable attorneys' fees.
<br /> 6. INDEMNIFICATION.
<br /> This Agreement imposes no liability of any kind whatsoever on the City. The Declarant hereby
<br /> agrees to indemnify and hold harmless the City and its agents and employees against any and all
<br /> claims, demands, losses, damages, and expenses (including reasonable attorneys' fees) arising out
<br /> of or resulting from the Declarant or the Declarant's agents or employee's negligent or intentional
<br /> acts, or any violation of any safety law, regulation or code in the performance of this Agreement,
<br /> without regard to any inspection or review made or not made by the City, its agents or employees
<br /> or failure by the City, its agents or employees to take any other prudent precautions. In the event
<br /> the City, upon the failure of the Declarant to comply with any conditions of this Agreement,
<br /> performs said conditions pursuant to its authority in this Agreement,the Declarant shall indemnify
<br /> and hold harmless the City, its employees, agents and representatives for its own negligent acts in
<br /> the performance of the Declarant's required work under this Agreement, but this indemnification
<br /> shall not extend to intentional or grossly negligent acts.
<br /> 7. RECORDING, BINDING EFFECT.
<br /> This Agreement is a personal obligation of Declarant for so long as Declarant owns fee title to the
<br /> Property and shall be binding upon the executors, administrators, successors, heirs and assigns of
<br /> Declarant with respect to Declarant's obligations and liabilities under this Agreement that relate
<br /> to the period of its ownership. This Agreement shall be recorded against the title to the Property
<br /> and shall run with the land and be binding upon each owner of fee title to the Property with respect
<br /> to the period of its ownership. Upon the conveyance of fee title to the Subject Property, the
<br /> transferor will have no further obligations or liabilities under this Agreement that relate to any time
<br /> after the conveyance, and the new owner will,by accepting title to the Property, become bound by
<br /> this Agreement with respect to all obligations and liabilities of the "Declarant" that relate to any
<br /> time after the conveyance, for as long as the new owner owns fee title to the Property. Both the
<br /> Declarant and a subsequent property owner are liable to the MCWD and the City for performance
<br /> under this Declaration, and the MCWD and/or the City may seek any remedy in law or equity
<br /> against the Declarant as long as the Declarant owns the Property, and thereafter against a
<br /> subsequent property owner to enforce this Declaration.
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