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4 <br /> the Woodsedge Front Pump Station. The Easement area to be conveyed is shown as "25' Town of <br /> Hillsborough Sanitary Sewer Easement" (see Plan Set Sheet C4.0 of Exhibit A). (See also attached <br /> Exhibit C,Town of Hillsborough Sewer Easement form to be finalized and approved by Buyer and Town <br /> post-Closing.) <br /> 2. STORMWATER EASEMENTS. <br /> a. Permanent Underground Stormwater Detention Facility. The Declaration (with <br /> easements)will provide stormwater drainage easements in favor of the Seller to run stormwater drainage <br /> piping from New Lot 1 to the permanent underground detention facility under the private road just south <br /> of New Lot 1 (see Plan Set Sheet C.2.1, Exhibit A). The easement will stipulate access, and potential <br /> construction or demolition as necessary for the construction of piping to the curb inlets and/or the pipes <br /> connecting the curb inlets to the underground structure, and/or the underground structure itself. The <br /> easement will provide for perpetual maintenance, repair and replacement of any piping or facilities <br /> constructed by Seller and will limit the impervious surface area on New Lot 1 that is supported by or <br /> otherwise flows into the underground detention facility to an amount not to exceed 1.59 acres. It is <br /> understood and agreed that the underground detention facility is only designed to accommodate 1.59 <br /> acres of impervious surface coverage from New Lot 1. The general description of the easement location <br /> will be: starting where the eastbound private road leaves the public right-of-way of the southbound <br /> entrance road, running 320' east. The Seller will hold the Buyer harmless from any liability related to <br /> Seller's construction of improvements necessary to utilize the permanent underground stormwater <br /> detention facility and Seller will be legally responsible to restore any damage the original condition of <br /> Buyer's facilities. The cost for repair and maintenance of the permanent underground detention facility <br /> shall be shared between the owners of New Lot 1 and Buyer's Parcel pro rata based on the square footage <br /> of impervious surface located on the respective parcels. The owner of New Lot 1 shall not be required <br /> to share in the repair and maintenance of the permanent underground detention facility until it receives <br /> a certificate of occupancy or certificate of completion for any structure located on New Lot I from the <br /> relevant governmental authority. Notwithstanding the foregoing, the Owner of New Lot 1 will <br /> exclusively maintain and repair any and all piping constructed by the Seller conveying stormwater from <br /> new Lot 1 to the permanent underground detention facility, and the owner of the Buyer's Parcel will <br /> exclusively maintain and repair any and all piping conveying stormwater from Buyer's Parcel to the <br /> permanent underground detention facility it constructs. <br /> b. Sediment Basin No. 1 (SBI) Temporary Erosion Control. The Declaration (with <br /> easements)will provide a temporary stormwater drainage easement in favor of the Seller to access SB 1 <br /> for the development of New Lot 1 (see Plan Set Sheet C2.1 of Exhibit A), and allow any and all <br /> necessary demolition and construction activities to make stormwater connection to SB 1. The easement <br /> will provide for perpetual maintenance,repair and replacement of any piping or facilities constructed by <br /> Seller for only so long as the temporary stormwater facility is in use during the construction on New Lot <br /> 1. Provided,however„if it is not technically feasible for Seller to connect to the permanent underground <br /> detention facility referenced in Section 2.a. above due to grade changes or other engineering <br /> impediments, Seller, shall have the right to convert SBI, to permanent stormwater detention facility. <br /> Should it be necessary for the Seller to convert SB 1 to a permanent facility, Seller shall bear costs of <br /> construction, operation, maintenance and repair to convert SB 1 to a permanent stormwater detention <br /> facility. The Seller will hold the Buyer harmless from any liability related to Seller's construction and <br /> operation of improvements necessary to utilize SB 1 as a permanent facility and Seller will be legally <br /> 2 <br /> 4918-0066-5674,v.2 <br />