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. SEP, 13. 2006 11 :40RM Mai 1 EDINA REALTY' TIT'��E CLRIMS N0. 2964 P, 36/59 by Gronbexg&Associates and approved by City. Sectaon 2. Maintenance. �'or purposes of�this Declaz�ation, rnaintenance of the Pond and the�ain Crarden slzall z�aean rtzaintena�xce as reasonabl�r requested by City in writing_ 5ection 3. Maint�nan�e b I�omeowhers Association, The Homeowners Association sb.all b�solely responsible�or th�maintenance af the Pond and the Raizz Gard.ez�, and sha1l beat a�1 costs of such rr�aintenance. If the Hom�owners Association does not undertal�e ma;iritenance witlxin 3b da}rs of notzf catioz�by City, City may undertake such ruaintenauce, but the costs reasoztably incuxred by City for performzr�g such rx�a�intenance sha11 be zeimbuxsed to City by�kle Homeowners Associataon. Section 4. Allocation. AlI cosfis which City may incur in pexf'orming its mazntenarxce responsibi�ity under this Agreement sk�al'1 be reunbursed to City by the Homeovmc�s A.ssociatzon. Section 5. CitY May t�ssess. On eac$occasion that Cit�is required to�er�orm the mainteziance, if City is not reimbursed within thirty(3p) days by tite Homeowners A,ssociatxon, City may levy a special assessment aga.inst.all J,ots. The assessment sha1.I be spread over a reasonable period to be detezmined by City,but no Iess than five(5)years,t�gether with interest on the uz�p�id balance at a reasona.bie rate ta be determ.ined by City, but not to exceed two (2)percentage points above fhe prime lending rate as publishEd from time to time bq the Wa1I Street Journal. The curre�t orvnErs of the Rea�Property waxve all procedural and substantive objections to the�ublzc improvements and specia.l assessments including but not lixruted to hearing and notice requ�rements and clairr�s tliat the amount of the assesszx�ent exceeds the benefit to the property, The rigk�t to appeaX the assessruerits pursuant to Minn. Stat, § 429.p$1 is also waived. 4