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i • ~ <br />{ <br />"The areas designated on the plat as public drainage easements have been established to preserve the <br />natural vegetation, function and character of the land along the drainage ways. Development activities <br />the conservation area shall be limited to the removal of hazardous or nuisance vegetation as defined in i <br />Eugene Code, or to City approved activities necessary for maintenance of the drainage channels. Excel <br />as otherwise required by law, no structure, including fences, shall be allowed within the easement areas <br />Except for any maintenance provided by the City of Eugene of the storm water "conveyance" facilities <br />within the easement areas, maintenance of the easement areas, including protection of vegetation, <br />maintenance of the riparian zone and erosion control shall be the responsibility of each owner to the <br />extent their lot includes any portion of such easement areas. Each owner shall avoid allowing any <br />pesticides, herbicides, fertilizers, petroleum based products or other hazardous or foreign substances to <br />contaminate the drainage ways. <br />The public drainage easement shall include the right of access for inspection and public maintenance <br />purposes which shall be accorded all appropriate government agencies. Each affected property owner <br />shall refrain from excavation of soils or other acts which will cause erosion into the drainage channels <br />within the drainage easement. No water shall be diverted from the drainage charnel within drainage <br />easement. Each owner of a lot which includes any portion of the drainage easement shall abide by all <br />conditions set forth in any fill/removal permits issued by the Oregon Division of State Lands, United <br />States Army Corp of Engineers or City of Eugene." <br />The recorded covenants, conditions and restrictions shall also provide that the above obligations, <br />covenants, conditions and restrictions pertaining to the drainage easement may not be amended or <br />repealed without the concurrence of the City of Eugene; which concurrence shall be in writing and <br />recorded in the Official Records of Lane County, Oregon. <br />MODIFICATIONS: Modifications of physical features within the storm water drainage <br />easement shall not be made by Developer or his successors in interest without receiving prior City <br />authorization. <br />4. ACCESS: Developer shall provide a permanent legal access route for City maintenance staff and <br />vehicles from adjacent public streets as described graphically in, Exhibit B prior to acceptance by i <br />City of any public improvements constructed on the property. <br />5. TERM/BINDING EFFECT: This agreement shall run with the land, and shall be binding on <br />Developer's heirs, successors, and assigns.. This agreement shall remain in full force and effect <br />unless canceled or modified with the unanimous consent of both parties. <br />6. TIME OF ESSENCE: Time is of the essence for each of the terms, covenants and conditions of <br />this agreement. <br />INDEMNIFICATION: Each party shall indemnify, defend, and hold the other, their respective <br />officers, agents and employees, harmless from and against all claims, actions, liabilities, costs, <br />including attorney fees and other costs of defense, or any appeal or review thereof, arising out of or <br />in any way related to the party's performance under this agreement, the party's failure to strictly <br />comply with any provision of this agreement, or any other actions or failure to act by the party, the <br />party's employees, agents, officers and contractors as such acts or omissions relate to this <br />agreement. <br />8: ATTORNEY FEES: In the event of any legal proceeding is commenced for the purpose of <br />interpreting or enforcing any provision of this agreement, the prevailing party in such proceeding <br />shall be entitled to recover reasonable attorney fees in the proceeding or any appeal or review <br />