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5 1951267.v8 (i)the management, monitoring, and maintenance of the water quality of the Ponds (including any and all testing and reporting that may be required, from time to time, by the applicable watershed district or otherwise); (ii)dredging the Ponds as deemed reasonably necessary by the City or as otherwise required by applicable laws and regulations; (iii)the repair, maintenance, and replacement of the alum water management system serving the Ponds; and (iv)the repair, maintenance, and replacement of the facilities connecting the two Ponds under 39th Avenue N.E. and any drainage systems feeding into or out of the Ponds to the extent located on the Easement Premises. (c)Delegation of Pond Responsibilities. The Parties acknowledge and agree that the Pond Maintenance Obligations are currently the obligation of Apache Park Owner pursuant to and in accordance with that certain Amended and Restated Stormwater Maintenance and Easement Agreement dated April 30, 2004, and recorded in the Office of the County Recorder in and for Ramsey County on May 4, 2004, as Document No. 3786716, as amended by the First Supplement to Amended and Restated Stormwater Maintenance and Easement Agreement, dated October 10, 2004, and recorded October 20, 2004, as Document Number 3801284; as amended by that Second Supplement to Amended and Restated Stormwater Maintenance and Easement Agreement, dated April 13, 2005, and recorded on May 26, 2006, as Document Number 3951512; and as assigned by that certain Assignment and Assumption Agreement (Silver Lake), dated February 24, 2012, and recorded on February 29, 2012 as Document Number 4322217 (collectively and as further amended, supplemented and modified from time to time, the “Stormwater Agreement”). Accordingly, the City’s agreement to perform the Pond Maintenance Obligations pursuant to this Agreement shall be a permanent sub-delegation (from the Apache Park Owner to the City) of the corresponding obligations of Apache Park Owner under the Stormwater Agreement, such that, as between the parties to the Stormwater Agreement, Apache Park Owner, rather than the City, will be liable to and responsible for the Pond Maintenance Obligations in accordance with the Stormwater Agreement; and as between the Parties, the City will be liable to and responsible for the Pond Maintenance Obligations in accordance with this Agreement. The Parties acknowledge and agree that the terms and provisions of this Agreement are intended to supplement, rather than override, or be superior to, the terms and provisions of the Stormwater Agreement. As a result, in the event of any conflict between the terms and provisions of the Stormwater Agreement and those of this Agreement, the terms and provisions of the Stormwater Agreement shall control, in all events. (d)Reimbursement of Pond Maintenance Costs. The Parties acknowledge and agree that all costs incurred by the City and the City Parties for the City’s performance of the Pond Maintenance Obligations (the “Pond Maintenance Costs”) are “Common Expenses” under the Stormwater Agreement and are reimbursable by the parties to the Stormwater Agreement in accordance with the terms and conditions of the Stormwater Agreement. Accordingly, Apache Park Owner shall reimburse the City for all Pond Maintenance Costs within thirty (30) days after receipt of written demand therefor, together with a reasonably detailed invoice evidencing the costs so incurred. The Apache Park Owner shall retain its right, under the Stormwater Agreement, to bill the Pond Maintenance Costs to all of the parties to the Stormwater Agreement. (e)Standard of Maintenance. The City shall cause the Amenity Maintenance Obligations and Pond Maintenance Obligations to be performed in such manner as is necessary to