Agenda - Council - 07/10/2012 - Laserfiche WebLink

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regulations that may be adopted and modified, from time to time, by the then owner of the burdened parcel. b. Storm Water Drainage. The Temporary Storm Water Easement, Storm Water Easement and the City Drainage Easement shall all be a non-exclusive easements for purposes of handling storm water drainage from Parcel 1 onto Parcel 2, all in accordance with applicable storm water management plan for Parcel I that may be approved by the applicable governmental entity. c. Temporary Utility Easement. The Temporary Utility Easement shall be a non- exclusive easement for full utility service to Parcel 2 from Armstrong Drive and shall be for the benefit of Parcel 2. 3. Maintenance and Repair. a. Access and Parking Easements. The owners of Parcel 1 and Parcel 2, at their sole cost and expense, shall be responsible for all construction, repairs and maintenance of any improvements located on their parcel, except as otherwise provided in this Declaration. Any improvements constructed that are subject to the Access and Parking Easement shall be maintained in a commercially reasonable condition. b. Common Drive Maintenance. ,The area designated as the "Common Drive" in the attached Exhibit C shall be initially constructed, repaired and maintained by the owner of Parcel 1. At such point in time that construction commences on improvements on Parcel 2 for the development of Parcel 2, the costs for repairs and maintenance of the Common Drive shall thereafter be split evenly between the parties. All such work, repair and maintenance of the Common Drive shall be controlled by the owner of Parcel I, in its commercially reasonable discretion, and such owner shall be entitled to a fifteen percent (15%) mark up on the portion of the costs and expenses allocated to the owner of Parcel 2. c. Storm Water Drainage. The owner of Parcel 2 shall be responsible for the construction and maintenance of any required storm water improvements on Parcel 2, in compliance with the applicable requirements of any storm water management plan for Parcel 1 that is required by applicable law. Any improvements constructed that are subject to the Temporary Storm Water Easement and/or Storm Water Easement created by this Declaration shall be maintained in a commercially reasonable condition. The owner of Parcel I shall be responsible for the maintenance of all rain water gardens and/or bio-infiltration basins located in the City Drainage Easement. d. Temporary Utility Easement. If the owner of Parcel 2 is utilizing service through the Temporary Utility Easement, then the owner of Parcel 2, at its sole cost and expense, shall be responsible for all construction, repairs and maintenance of any utility improvements servicing Parcel 2 that are located in the Utility Easement Area. If the owner of Parcel 2 is not utilizing service through the Temporary Utility Easement, then the owner of Parcel 1, at its sole cost and expense, shall be responsible for all construction, repairs and maintenance of any utility improvements in the Temporary Utility Easement area. Any such improvements shall be maintained in a commercially reasonable. 4. Default. Failure of the owner of either Parcel I or Parcel 2 to comply with, or to cause the occupants of their respective parcels to comply with any of the terms and conditions of this Agreement that is not cured within thirty (30) days of the breaching parcel owner's receipt of a written notice of the breach shall be deemed a default. Upon a default, the non -defaulting party shall have all of the rights and remedies available to it at law and in equity, as well as the right to an award of attorneys' fees and costs incurred in enforcing this Declaration by judicial action. 5. Indemnity. Each parcel owner shall indemnify, defend, and hold the other parcel owner free and harmless from and against all liability, loss, cost or expense of every nature (including, without limitation, 3