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Owner Property and perform all acts and work necessary to protect, maintain, repair or replace the Developer Storm Water Management System. All costs expended by the City in connection with the foregoing, shall constitute an indebtedness of the Developer and shall be paid to City by Developer upon demand. All such sums remaining unpaid thirty (30) days following delivery of City's invoice therefore shall become a special assessment and lien against the Owner Property and may be collected at the same time and in the same manner as ordinary municipal taxes are collected. 7. Entire Agreement. This Agreement constitutes the entire agreement between the Developerand the City concerning the City conceming its subject matter. Any prior agreements, promises, negotiations or representations not expressly set forth in this Agreement are of no force or effect. 8. Amendment. This Agreement may only be amended by a writing signed by a representative authorized to bind the Developer and signed by a representative authorized to bind the City. 9. Attorneys Fees. If the City or the Developer commences any action to interpret or enforce any provision of this Agreement, or for damages based on alleged breach of any provision of this Agreement, or for declaratory relief, or for other relief as may be available at law or equity to enforce the requirements of this Agreement, the prevailing party shall be entitled to recover from the losing party such amount as the court or arbitrator may determine to be reasonable attorneys' fees for services rendered to the prevailing party concerning such proceedings. 10. Binding Effect. As a material element of consideration, Developer hereby subjects its interest in the Owner Property and the Project to the covenants and restrictions set forth in this Agreement. The City and Developer hereby declare their express intent that the covenants and restrictions set forth herein shall be deemed covenants running with the land and shall be binding upon and inure to the benefit of the heirs, administrators, executors, successors in interest, transferees, and assigns of Developer and City, regardless of any sale, assignment, conveyance or transfer of the Owner Property, the Project or any part thereof or interest therein. Any successor-in-interest to Developer, including without limitation any purchaser or transferee of the Owner Property or the Project shall be subject to all of the duties and obligations imposed by terms of this Agreement. IN WITNESS WHEREOF, the Parties hereto execute this Agreement on the date first above written. SIGNATURES ON NEXT PAGE 936605-1 3 Storm Water Maintenance Agreement