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Declaration. All references in the Declaration to "this Declaration" shall be deemed to refer to the <br />Declaration as amended. In all other respects, the terms and conditions of the Declaration shall <br />remain unmodified and are hereby ratified by the City. <br />2. Lot 1. The Declaration is hereby amended so that all refences to "Lot 1 " shall mean <br />the real property legally described on Exhibit A-2 attached hereto, and made a part hereof, and <br />depicted as "Lot 1" on the site plan attached hereto as Exhibit B (the "Site Plan"). <br />3. Lot 2 and Lot 3. The Declaration is hereby amended so that all refences to "Lot 2" <br />and "Lot 3" shall mean the real property legally described on Exhibit A-3 hereto, and made a part <br />hereof, and depicted as "Lot 2" on the Site Plan. <br />4. West Access Easement Maintenance. Section 2(A)(ii) of the Declaration is hereby <br />deleted it in its entirety and replaced with the following: <br />"(ii) The Owner of Lot 2 shall be responsible for the maintenance, repair and <br />replacement of all portions of the West Access Easement (the "West Access <br />Easement Maintenance")." <br />5. West Access Easement Maintenance Costs. Section 2(A)(iii) of the Declaration is <br />hereby deleted in its entirety and replaced with the following: <br />"(iii) From and after commencement of any development of any portion of Lot 1, the <br />cost and expense of annual maintenance, repair, replacement and operation of the <br />West Access Easement (the "West Access Easement Maintenance Costs") <br />shall be shared by the Owners of Lot 1 and Lot 2, on a pro -rats basis, based on <br />the relative acreage of each such Lot. Notwithstanding anything to the contrary <br />contained herein, the Owner of Lot 1 shall pay any reimbursement or payment <br />obligation with respect to the West Access Easement Maintenance Costs due <br />under this Section 2(A)(iii) within 30 days after receiving from the Owner of Lot 2 <br />an invoice setting forth the West Access Easement Maintenance Costs for which <br />the Owner of Lot 1 is liable as provided herein. Section 3(A) shall not apply to the <br />payment of West Access Easement Maintenance Costs." <br />6. Storm Sewer Easement Maintenance. Section 2(C)(ii) of the Declaration is hereby <br />deleted it in its entirety and replaced with the following: <br />"(ii) The Owner of Lot 2 shall be responsible for the construction, installation, <br />maintenance, repair and replacement of stormwater pipes and facilities located <br />within the Storm Sewer Easement." <br />7. <br />Storm Sewer Easement Maintenance Costs. Section 2(C)(iii) of the Declaration is <br />hereby deleted it in its entirety and replaced with the following: <br />"(iii) The cost and expense of annual maintenance, repair, replacement, and operation <br />of the Storm Sewer Easement (and all pipes, connections, and facilities therein) <br />(the "Shared Storm Sewer Maintenance Costs") shall be shared by the Owners <br />of Lot 1 and Lot 2, on a pro -rats basis, based on the relative acreage of each such <br />Lot." Notwithstanding anything to the contrary contained herein, the Owner of Lot <br />1 shall pay any reimbursement or payment obligation with respect to the Shared <br />Storm Sewer Maintenance Costs due under this Section 2(C)(iii) within 30 days <br />2 <br />