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<br />The foregoing reciprocal easements shall inure to the benefit of the present and future record owners
<br />of the Parking Deck Tract and each of the Condominium Units, their respective successors and assigns, and
<br />shall be appurtenant to and run with title to the Parking Deck Tract and each of the Condominium Units.
<br />TO HAVE AND TO HOLD the foregoing reciprocal easements and all privileges and appurtenances
<br />thereto belonging to the present and future record owners of the Parking Deck Tract and each of the
<br />Condominium Units as provided herein. The foregoing conveyance is made without warranty of any kind or
<br />nature.
<br />Section 3 Maintenance.
<br />a. The record owner of the Parking Deck Tract shall be responsible for, at its sole cost and expense,
<br />the operation, maintenance, repair and replacement of any and all components of the Storm Sewer System
<br />lying in, under, on or upon the Parking Deck Tract and shall, at all times, keep and maintain all components
<br />of the Storm Sewer System lying in, under on or upon the Parking Deck Tract in good and operable
<br />condition. In the event the record owner of the Parking Deck Tract shall fail to keep and maintain any
<br />component of the Storm Sewer System lying in, under, on or upon the Parking Deck Tract in good and
<br />operable condition, and shall fail to remedy any damage, defect or other inoperable condition in or to any
<br />such component of the Storm Sewer System within a reasonable time after receiving written notice of such
<br />damage, defect or inoperable condition from the record owner of any of the Condominium Units, or from the
<br />Association on behalf of the owners of the Condominium Units, the record owner of any of the
<br />Condominium Units, or the Association on behalf of the owners of the Condominium Units, may then and
<br />thereupon effect any reasonable and necessary maintenance, repair or replacement to or of the damaged,
<br />defective or inoperable component of the Storm Sewer System and charge the owner of the Parking Deck
<br />Tract the actual costs thereof. The record owner of the Parking Deck Tract shall pay all such costs, in full,
<br />within thirty (30) days after its receipt of a written statement itemizing such costs in reasonable detail.
<br />b. The record owners of the Condominium Units shall be jointly and severally responsible for, at
<br />their sole cost and expense as provided in the Declaration, the operation, maintenance, repair and replacement
<br />of any and all components of the Storm Sewer System lying in, under, on or upon the Common Elements and
<br />shall, at all times, keep and maintain all components of the Storm Sewer System lying in, under on or upon
<br />the Common Elements in good and operable condition. In the event the record owners of the Condominium
<br />Units, or the Association acting on their behalf, shall fail to keep and maintain any component of the Storm
<br />Sewer System lying in, under, on or upon the Common Elements in good and operable condition, and shall
<br />fail to remedy any damage, defect or other inoperable condition in or to any such component of the Storm
<br />Sewer System within a reasonable time after receiving written notice of such damage, defect or inoperable
<br />condition from the record owner of the Parking Deck Tract, the record owner of the Parking Deck Tract may
<br />then and thereupon effect any reasonable and necessary maintenance, repair or replacement to or of the
<br />damaged, defective or inoperable component of the Storm Sewer System and charge the owners of the
<br />Condominium Units and/or the Association the actual costs thereof. The record owners of the Condominium
<br />Units and/or the Association shall pay all such costs, in full, within thirty (30) days after their receipt of a
<br />written statement itemizing. such costs in reasonable detail.
<br />c. Notwithstanding the foregoing, the record owners of the Condominium Units, either individually
<br />or through the Association, and the record owner of Lot 3 shall cooperate to obtain and maintain in place a
<br />contract with an independent company for the periodic upkeep and maintenance of the Storm Sewer System
<br />in a commercially reasonable manner upon commercially reasonable terms. The costs of such contract shall
<br />be shared by the owners of the Condominium Units, or by the Association on behalf of the record owners of
<br />the Condominium Units, and the record owner of Lot 3 in such manner as the parties shall agree, in writing,
<br />consistent with the intent of this Agreement.
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