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3 203267v1 it is not compliant with all requirements of the approved Plan and City engineering standards set forth in Exhibit E. 4. City Access and Maintenance Rights. A. The Owner hereby grants permission to the City, its authorized agents and employees, to enter upon the Owner Property and to inspect the stormwater management facilities during normal business hours (unless during an emergency that requires immediate access) as the City deems necessary. The City shall provide the Owner, its successors and assigns, copies of the inspection findings and a directive to commence with the repairs if necessary (“Inspection Report”). B. In the event the Owner, its successors and assigns, fails to maintain the Stormwater Facilities in good working condition acceptable to the City and such failure continues for 60 days after the City gives the Owner written notice of the specific failure or deficiency, the City may enter upon the City Property and the Stormwater Easement Area (defined below) and take whatever steps necessary, including excavation and the storage of materials and equipment, to correct the specific deficiencies identified in the Inspection Report. The City's notice shall specifically state which maintenance tasks are to be performed and to the extent practical the estimated cost. The City may assess the City’s costs to the Owner’s property taxes, its successors and assigns. The Owner and its successors and assigns hereby waive any objection to the notice and procedural requirements or appeal rights afforded by Minnesota Statutes Chapter 429 for assessments levied by the City that are adopted pursuant to this Agreement. It is expressly understood and agreed that the City is under no obligation to routinely maintain or repair said Stormwater Facilities, and in no event shall this Agreement be construed to impose any such obligation on the City. In addition, Owner agrees that it is, and will be, solely responsible to address complaints and legal claims brought by any third party with regard to the maintenance and operation of the Stormwater Facilities, except to the extent arising from City’s breach of this Agreement or the City’s gross negligence or intentional misconduct. The Owner expressly agrees to defend and hold the City harmless from any such third-party claim. 5. Grant of Easement. Owner hereby grants to the City, its successors and assigns, a permanent non-exclusive easement for the purpose of accessing and maintaining the Stormwater Facilities pursuant to the terms of this Agreement over, on, across, under and through the easement area legally described on Exhibit D, attached hereto and incorporated herein (the “Stormwater Easement Area”). The easement shall include the rights, but not the obligation, of the City, its contractors, agents, servants, and assigns, to enter upon the Easement to construct, reconstruct, inspect, repair, and maintain said private Stormwater Facilities together with the right to grade, level, fill, drain, pave, and excavate the Stormwater Easement Area, and the further right to remove trees, bushes, undergrowth, and other obstructions interfering with the location, construction, and maintenance of said private Stormwater Facilities systems. City hereby grants to the Owner a permanent non-exclusive easement over the portions of the City Property containing Stormwater Facilities legally described in Exhibit F for the purpose of Owner to construct, maintain, repair, and replace said Stormwater Facilities.