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3 <br />2. If the Permittee conveys into private ownership a fee interest in all or any <br />portion of the public property that is subject to this Agreement, it must require <br />as a condition of sale, and enforce: (a) that the purchaser record a declaration <br />on the property incorporating the stormwater management facility maintenance <br />requirements of this Agreement; and (b) that recordation occur either before any <br />encumbrance is recorded on the property or, if after, only as accompanied by a <br />subordination and consent executed by the encumbrance holder ensuring that <br />the declaration will run with the land in perpetuity. If the Permittee conveys into <br />public ownership a fee interest in all or any portion of the property that is <br />subject to this Agreement, it must require as a condition of the purchase and <br />sale agreement that the purchaser accept an assignment of all obligations <br />vested under this Agreement. <br />3. This Agreement is in force for five years from the date on which it is fully <br />executed and will renew automatically for five-year terms unless terminated by <br />the parties. This Agreement may be amended only in a writing signed by the <br />parties. <br />4. The recitals are incorporated as a part of this Agreement.