4841 GLENWOOD AVE 2021-06-09 - Laserfiche WebLink

• S 5. Covenant Not to Obstruct Drainage Facilities Owner covenants to the Grantee that Owner shall not create, place or maintain, or allow any other person to create, place or maintain, any obstructions on the Property that would hinder the proper functioning of, or impede the Grantee's ability to access any one or more of the Drainage Facilities. The Grantee shall have the right, but not the obligation, to remove any such obstructions without notice and at Owner's cost and expense. 6. Grantee Shall Reimburse Owner for Maintenance Costs 6.1 Regular Maintenance Should Grantee fail to maintain the Drainage Facilities in the condition required by Section 2 above, the Owner may, but need not, perform all or any portion of the necessary maintenance itself,and Grantee,or successor title holder,shall reimburse the Owner for all reasonable costs and expenses incurred by the Owner in performing such work within ninety (90) days of receiving the Owner's invoice for same. However, Grantee's, or successor title holder's, obligation to reimburse the Owner pursuant to the preceding sentence shall only apply under the following circumstances: (i) the Owner performed an inspection of the Drainage Facilities pursuant to Section 4 above; (ii) the Owner's inspection revealed a need for maintenance or repair of one or more of the Drainage Facilities; (iii)the Owner gave written notice to Grantee, or successor title holder, of the need for maintenance or repair of the Drainage Facilities (the "Maintenance Notice"); and (iv) Grantee, or successor title holder, did not perform the necessary maintenance or repair within the time period specified in the Maintenance Notice. 6.2 Emergency Maintenance In the event of an emergency, the Owner may, without first complying with any of the requirements contained in (i), (ii), (iii) or (iv) of Section 6.1 above, perform such emergency maintenance and/or repair on or to any one or more of the Drainage Facilities as may be reasonably necessary to avoid imminent harm or damage to persons or Property, and Grantee, or successor title holder, shall reimburse the Owner for all reasonable costs incurred by the Owner in performing such emergency maintenance and/or repair. 7. Burdens Run With the Property; Benefits Held In Gross The obligations and burdens described herein are intended to touch and concern the real property described in Exhibit A of this Agreement, and shall run with the Property and be binding on Owner's successors and assigns in title to the Property. The rights and benefits of this Agreement shall be held by the Owner in gross. The Owner may exercise and enforce any one or more of those rights and benefits on behalf of themselves. The Owner's rights and Private Drainage Easement (ftc— D RETAINING WALL RECONSTRUCTION PLAN FOR ISHA DARAMY-BOUDAD Rev.3/30/2016