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6 1951267.v8 maintain the applicable aspects of the Easement Premises in a condition that is consistent with the Stormwater Agreement, all applicable laws (including, without limitation, the Americans with Disabilities Act) and in a condition otherwise consistent with a first class, mixed-use (with a luxury residential component) center located in the Twin Cities metropolitan area. 4.Owner Maintenance Obligations. (a)Apache Park Owner. The Apache Park Owner shall be responsible for (i) maintenance, repair and replacement of the waterfall feature and water fountain and related equipment, systems and fixtures; and (ii) the maintenance, repair and replacement of the drainage systems feeding into or out of the Ponds located on the Salo Park Property and Apache Park Property; provided, however, that if and to the extent that either or both of the Stormwater Agreement or the REA (as defined below) impose such obligations (for the maintenance, repair and replacement of such feeder drainage systems) on other parties (other than the Apache Park Owner) to either or both of the Stormwater Agreement and the REA, then the Apache Park Owner shall not be responsible under this Section 4(a), but the Apache Park Owner shall use its reasonable and good faith efforts to enforce the applicable terms and provisions of either or both of the Stormwater Agreement and the REA, as applicable, with respect to such maintenance, repair and replacement obligations. For purposes of this Agreement, the obligations imposed on the Apache Park Owner under this Section 4(a) are collectively referred to as the “Owner Maintenance Obligations.” (b)Common Expenses. The Parties acknowledge and agree that costs and expenses relating to such maintenance, repair and replacement of the waterfall feature and water fountain and related equipment, systems and fixtures and maintenance, repair and replacement of the drainage systems feeding into or out of the Ponds are “Common Expenses” pursuant to either or both of (i) the Stormwater Agreement and (ii) that certain Amended and Restated Reciprocal Easements 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. 3751784 (as amended, supplemented and modified from time to time, the “REA”). (c)Notice to City of Certain Pond Activities. Before the Apache Park Owner undertakes any material repair or replacement activity with respect to Owner Maintenance Obligations set forth in Sections 4(a) above that (A) could be reasonably expected to adversely impact the water quality in the Ponds or (B) is otherwise an activity that requires a permit from the applicable watershed district or other regulatory body (“Permit”), such Owner shall first provide the City with at least thirty (30) days’ prior written notice of the proposed activity, together with a reasonably detailed description of the proposed activity (“Pond Activity Notice”). The City shall have the right (acting reasonably and in good faith) to advise the applicable Owner delivering a Pond Activity Notice, within the thirty (30) day period after the delivery thereof (the “Pond Response Period”), of any issues or concerns that the City has with respect to the repair or replacement activity that is the subject of the then-applicable Pond Activity Notice (a “City Pond Response”). If the City fails to deliver a City Pond Response prior to the expiration of the Pond Response Period, then the City shall automatically be deemed to have approved the repair or replacement activity that is the subject of the then-applicable Pond Activity Notice, and the Owner delivering the Pond Activity Notice may proceed with the repair or replacement described therein, subject to the procurement (by the applicable Owner) of any necessary Permit. If the City timely delivers a City Pond Response, the Owner delivering the then-applicable Pond Activity Notice and the City shall promptly confer with one another and make reasonable and good faith efforts to address the City’s concerns; provided, however, that (x) the Owner delivering the then-applicable Pond Activity Notice shall not be required to expend