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ARTICLE 3 <br />DETENTION BASIN <br />3.1 Detention Basin Purchase Price. Sections 1.2 and 1.3 of the Funding <br />and Improvement Agreement establish the obligations of the Owners to pay their Proportionate <br />Shares of the Detention Basin Purchase Price. <br />3.2 Construction Costs of Detention Basin Improvements. <br />Section 1.4(b)(iii)(B) of the Funding and Improvement Agreement establishes the obligations of <br />the Owners to pay their Proportionate Share of Detention Basin Construction Costs. <br />3.3 Maintenance of Detention Basin Improvements; Payment of <br />Proportionate Shares of Detention Basin Maintenance Costs. <br />(a) Maintenance of Detention Basin Improvements. Following City's <br />acceptance of the Detention Basin Improvements, City, and its successors and assigns as to <br />Lot 4, shall at all times maintain in good and operating condition the Detention Basin <br />Improvements, which maintenance obligations shall include, without limitation, removing debris <br />from the Detention Basin and any appurtenances thereto, making replacements to parts of the <br />Detention Basin Improvements, including both capital and noncapital improvements necessary to <br />maintain the initial use, and complying with the requirements of all governmental regulations <br />and other Laws applicable to the operation and maintenance of the Detention Basin <br />Improvements. <br />(b) Detention Basin Maintenance Costs. The phrase "Detention Basin <br />Maintenance Costs" refers to all necessary and reasonable costs and expenses of any nature and <br />kind as may be actually paid or incurred by City, or its successors and assigns as to Lot 4, to <br />maintain, repair and/or replace the Detention Basin Improvements as required by Section 3.3(a), <br />including any utility costs in operating the Detention Basin Improvements. <br />(c) Payment of Proportionate Shares of Detention Basin Maintenance <br />Costs. <br />(i) Proportionate Shares of Detention Basin Maintenance Costs. <br />Attached to this Declaration is Exhibit C that sets forth the proportionate shares of the Lots and <br />the Owners of the Lots for the purpose of calculating the Owners' respective shares of the <br />Detention Basin Maintenance Costs. Such proportionate shares on Exhibit C are referred to in <br />the singular as "Proportionate Share" and collectively as "Proportionate Shares." <br />(ii) Payment Obligations. Each Owner shall pay to City such <br />Owner's Proportionate Share of Detention Basin Maintenance Costs as provided in this <br />Section 3.3(c). <br />(iii) Budget. City (including its successors and assigns as to Lot 4) <br />shall use its reasonable efforts to provide approximately sixty (60) days prior to the beginning of <br />each calendar year to each Owner, an estimated budget for the Detention Basin Maintenance <br />Costs (the "Budget ") for the following calendar year; provided, the first Budget shall be <br />provided no later than sixty (60) days following the date City accepts the Detention Basin <br />A -1 -4 <br />000299.0044 1093337.6 <br />