I-1 - Declaration of Shared Detention Basin Easement

Said Storm Water Detention Easement contains 0.72 Acre, and is subject to easements and restrictions of record. (the “Burdened Property”). B. Hawk Wash is the owner of the following described real estate situated in Johnson County, Iowa: LOT 1, HOYT’S FIRST SUBDIVISION, JOHNSON COUNTY, IOWA, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 20, PAGE 41, PLAT RECORDS OF JOHNSON COUNTY, IOWA. (the “Benefitted Property”). C. The Burdened Property contains real property which may be used as a shared detention basin, as is depicted on that Site Plan for development of the Benefitted Property dated January _____, 2023. D. The City of Tiffin desires to submit the Burdened Property for a shared detention basin (including any drainage infrastructure connected thereto, referred to collectively as the “Stormwater Management Facilities”) as hereinafter provided. NOW THEREFORE, it is agreed as follows: 1. Grant of Easement. The City of Tiffin hereby grants and conveys to Hawk Wash, and its successors and assigns with respect to the Benefitted Property, a perpetual, nonexclusive right to use the detention basin pond located on the Burdened Property via surface drainage, or underground drainage facilities, if required. Hawk Wash warrants that such detention basin pond has sufficient capacity for Hawk Wash’s intended use on the Benefitted Property. The City of Tiffin (and/or its applicable successors and assigns) agrees to maintain said detention basin pond as required by the appropriate governmental authorities having jurisdiction over the Burdened Property in a neat and esthetically pleasing manner, including maintenance and permits. 2. Allocation of Maintenance Expenses. Expenses incurred by the City of Tiffin with respect to maintaining said detention basin pond (including any portion of the Stormwater Management Facilities) shall be paid as follows: 80% by Hawk Wash and 20% by the City of Tiffin. If either party requests an amendment to the percentages, the parties shall discuss such request in good faith and may execute an amendment to this Declaration as needed. If Hawk Wash fails to reimburse City of Tiffin for such expenses, the City may assess the Benefitted Property for any maintenance cost in the same manner as property taxes and without further notice. 3. Fees. Hawk Wash (or its applicable successors and assigns) shall pay to the City of Tiffin, (or its applicable successors and assigns), a monthly fee of one hundred dollars ($100) for the use of the detention basin pond and Stormwater Management Facilities on the Burdened Property. Such fee may be adjusted by the City with 30 day notice to Hawk Wash; however the City shall not make more than one fee adjustment which increases the amount owed by Hawk Page 2 of 4 4871-3993-0184, v. 7