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B. The easement shall include the rights, but not the obligation, of the City, its
<br />contractors, 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 grade,
<br />level, fill, drain, pave, and excavate the Easement Area, and the further right to remove trees,
<br />bushes, undergrowth, and other obstructions interfering with the location, construction, and
<br />maintenance of said private Stormwater Facilities systems.
<br />3. Reimbursement of Costs. Declarant agrees to reimburse the City for all costs
<br />incurred by the City in the enforcement of this Declaration, or any portion of this Declaration,
<br />including court costs and reasonable attorneys' fees.
<br />4. Indemnification. This Declaration imposes no liability of any kind whatsoever on
<br />the City. Declarant hereby agrees to indemnify and hold harmless the City and its agents and
<br />employees against any and all claims, demands, losses, damages, and expenses (including
<br />reasonable attorneys' fees) arising out of or resulting from the negligent or intentional acts of
<br />Declarant or Declarant's agents or employees, or any violation of any safety law, regulation, or
<br />code in the performance of this Declaration, without regard to any inspection or review made or
<br />not made by the City, its officials, agents, or employees, or failure by the City, its officials, agents,
<br />or employees to take any other prudent precautions. In the event the City, upon the failure of
<br />Declarant -to comply with any conditions of this Declaration, performs said conditions pursuant to
<br />its authority in this Declaration, Declarant shall indemnify and hold harmless the City, its officials,
<br />agents, employees, and representatives for its own negligent acts in the performance of Declarant's
<br />required work under this Declaration.
<br />5. Recording, Binding Effect. This Declaration and all of its obligations are a
<br />personal obligation of Declarant for so long as Declarant owns fee title to the Property and shall
<br />be binding upon the executors, administrators, successors, heirs, and assigns of Declarant. This
<br />Declaration shall be recorded against the title to the Property and shall run with the land and be
<br />binding upon each owner of fee title to the Property or any part of the Property. Upon the
<br />conveyance of fee title to the Property, the transferor will have no further obligations or liabilities
<br />under this Declaration that relate to any time after such conveyance, and the new owner will, by
<br />accepting title to the Property or any part of the Property, become bound by this Declaration with
<br />respect to all obligations and liabilities of the "Declarant" that relate to any time after the
<br />conveyance, for as long as the new owner owns fee title to the Property or any part of the Property.
<br />Both the Declarant and a subsequent property owner are liable to the City for performance under
<br />this Declaration, and the City may seek any remedy in law or equity against the Declarant as long
<br />as the Declarant owns the Property, and thereafter against a subsequent owner of the Property or
<br />any part of the Property to enforce this Declaration.
<br />6. Notices. All notices required under this Declaration shall either be personally
<br />delivered or be sent by certified or registered mail and addressed as follows:
<br />232653v4
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