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File No. 201201310149, is a stormwater detention pond owned by the Port on Port property (the <br /> "Stonliwater Pond"). <br /> 4.2.2 Easement Transfer of Stormwater Pond. By the above <br /> recordable utility easement, as specified in Section 4.1,the City shall be granted an easement for <br /> the operation and maintenance of the Stormwater Pond, "AS IS"without any warranties, express <br /> or implied, and without recourse, so that the City will take over, subject to Section 4.6 below,the <br /> responsibilities of maintenance and control of the Stormwater Pond; such responsibilities shall <br /> include, but not be limited to, the landscaping within the inside of the currently-existing fence <br /> surrounding the Stormwater Pond. Such responsibilities do not include any landscaping outside <br /> of the currently-existing fence. <br /> 4.2.3 Stormwater Pond Pre-Transfer Maintenance. Prior to the <br /> execution and recording of the utility easement referred to in Section 4.1 above, the Port shall <br /> complete maintenance of the Stormwater Pond pursuant to the terms and provisions of that <br /> certain agreed-upon plan attached hereto as Exhibit "9" and incorporated herein by this <br /> reference. The City has no obligations regarding the Stormwater Pond until completion of such <br /> maintenance by the Port and recording of the Stormwater Drainage Easement. <br /> 4.3 Infrastructure Transfer. <br /> 4.3.1 Definition of Transferred Stormwater Infrastructure. For the <br /> purposes of this Agreement, the term "Transferred Stormwater Infrastructure" refers to all <br /> stormwater-related infrastructure marked as Transferred Utilities on the attached Exhibit"10." <br /> 4.3.2 Date of Transfer. As of the date of the recording of the <br /> Stormwater Drainage Easement, all of the Port's right, title, and interest in the Transferred <br /> Stormwater Infrastructure are transferred and conveyed to the City. <br /> 4.3.3 Transferred Stormwater Infrastructure Free and Clear. The <br /> Port warrants that the Transferred Stormwater Infrastructure as of the recording date of the <br /> Stormwater Drainage Easement are free and clear of all liens and all other monetary <br /> encumbrances. The Port warrants the Transferred Stormwater Infrastructure will not become <br /> subject to any liens or other monetary encumbrance arising from the construction and installation <br /> of the Transferred Stormwater Infrastructure. <br /> 4.3.4 Transfer of Warranties. As of date of recording of the <br /> Stormwater Drainage Easement, the Port assigns to the City all warranties by contractors or <br /> suppliers or others related to the construction and installation of the Transferred Stormwater <br /> Infrastructure. If a warrantor later asserts that its warranty cannot be assigned to the City, then <br /> the Port will, at the request and cost of the City and in coordination with the City, take all <br /> reasonable steps to enforce the warranty on behalf of the City. <br /> 8 117 <br />