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Duecy Boulevard to the constructed Pigeon Creek No. 2 Facility, with such new <br /> location(s) all subject to the City's prior written approval. The City will grant <br /> either a license or a temporary construction easement to Owner over the Transfer <br /> Lots to complete such connection at the City approved location(s). The City will <br /> provide Owner with a permanent easement for such new Shunt Pipes and other <br /> pipes connecting to the Pigeon Creek No. 2 Facility. Owner or the Association <br /> shall own, operate and maintain such new Shunt Pipes and other pipes connecting <br /> to the Pigeon Creek No. 2 Facility. <br /> (2) Following the approval of the Division 9 Binding Site Plan, Owner <br /> will construct a detention pond facility on Tract 999 of Division 9 to serve Lot 1, <br /> Lot 2 and Transfer Lot 3, and will provide the necessary pipes for connecting the <br /> stormwater drainage from Transfer Lot 3 following the construction of Tract 999, <br /> at Owner's expense. This detention pond facility must be connected to the Merrill <br /> & Ring Creek drainage basin. Unless determined otherwise by the City this <br /> drainage facility will be built, owned, operated and maintained by Owner or the <br /> Association at its expense. <br /> (3) This Section 1.9(c) will survive the respective Closing Dates and <br /> will be fully enforceable by the parties after such Closing Dates, including for the <br /> purpose of clarity, Owner's successors and assigns. <br /> 1.10 Landscaping. The City agrees that the landscaping to be cultivated, maintained, <br /> or replaced by the City on the slopes of each of the Transfer Lots shall be consistent with the <br /> City's applicable law, ordinances, and requirements. <br /> 18 <br />