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<br />It is expressly understood and agreed that the City is under no obligation to maintain or repair the Stormwater
<br />Treatment Devices and in no event shall this provision be construed to impose any such obligation on the City.
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<br />3.5.6 Reimbursement of City Exoenditures. In the event the City, pursuantto Section 3.5.5,
<br />performs work of any nature (direct or indirect), including any re-inspections or any actions it deems necessary
<br />or appropriate to retum the stormwaterTreatment Devices to good working order as indicated in Section 3.5.5,
<br />or expends any funds in the performance of the work for labor, use of equipment, supplies, materials and the
<br />like, the owners shall reimburse the City demand within thirty (30) days of receipt thereof forthe costs incurred
<br />by the City hereunder. If these costs are not paid within the prescribed time period, the City may assess the
<br />OWners the cost ofthe work, both direct and indirect, and applicable penalties. The assessment shall be a lien
<br />against the Lots, for each Lot's allocable share, or may be placed on the property tax bill and collected as
<br />ordinary taxes by the City. The actions described in this Section 3.5.6 are in addition to, and not in-lieu-of, any
<br />and all legal remedies as provided by law, available to the City as a result of owners' failure to maintain the
<br />Stormwater Treatment Devices.
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<br />3.5.7 Indemnification. The Owners shall indemnify, hold harmless and defend the City and
<br />its authorized agents, officers, officials and employees from and against any and all claims, demands, suits,
<br />damages, liabilities, losses, accidents, casualties, occurrences, claims and payments, including reasonable
<br />attorneys' fees claimed or which might arise or be asserted against the City that are alleged or proven to result
<br />or arise from the construction, presence, existence or maintenance of the Stormwater Treatment Devices by
<br />the OWners orthe City. In the event a claim is asserted againstthe City, its authorized agents, officers, officials
<br />or employees, the City shall promptly notify the Owners and the OWners shall defend, at their own expense,
<br />any suit based on such claim. If any judgment or claims against the City, its authorized agents, officers, officials
<br />or employees shall be allowed, the OWners shall pay for all costs and expenses in connection therewith. This
<br />Section 3.5.7 shall not apply to any claims, demands, suits, damages, liabilities, losses, accidents, casualties,
<br />occurrences. claims and payments. including reasonable attorneys' fees claimed which arise due solely to the
<br />negligence or willful misconduct of the City.
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<br />3.5.8 No Additional Liability. It is the intent of this Section 3.5 to insure the proper
<br />maintenance of the stormwater Treatment Devices by the Owners, provided, however, that this Section 3.5
<br />shall not be deemed to create or effect any additional liability not otherwise provided by law of any party for
<br />damage alleged to result from or caused by stormwater runoff.
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<br />3.5.9 Performance Financial Assurance. The City may request the OWners to provide a
<br />performance bond, security or other appropriate financial assurance providing for the maintenance of the
<br />Stormwater Treatment Devices pursuant to the City's ordinances, guidelines, criteria or other written direction.
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<br />3.6 Fence Maintenance. Fences situated on or about a common boundary between two adjoining
<br />Lots shall be jointly maintained by the adjoining Lot OWners as good neighbor fences. The fence installed
<br />along the western boundary of Lot 1 will be maintained by the OWner of Lot 1 and the adjoining property owner
<br />and the fence along the western boundary of Lot 6 will be maintained by the OWner of Lot 6 and the adjoining
<br />property owner. AU other fences situated on a Lot shall be maintained by the Lot Owner.
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<br />Article 4 - Payment Procedures
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<br />4.1 Payment ObliQations. Each Lot Owner shall pay the Lars share of the Shared Costs as
<br />described in this Article 4. The covenant to pay a Lot Owner's proportionate share of the Shared Costs is a
<br />personal obligation of the record Lot Owner as of the date of the mailing of the Payment Statement described
<br />in Section 4.3. If there is more than one Owner of a Lot, the obligation is joint and several.
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<br />4.2 Allocation of Shared Costs. Shared Costs shall be allocated equally among Lots.
<br />Notwithstanding anything herein to the contrary, if any maintenance or repair is necessary because ofthewillful
<br />or negligent act or omission of any Lot Owner, tenant or occupant of any Lot, or their family members, invitees,
<br />or agents, the Lot OlM\er shall pay the cost of such maintenance or repair.
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<br />May 17, 2007
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