I-1 - Declaration of Shared Detention Basin Easement

Wash during any calendar year, and prior to any such rate increase City shall initiate good faith discussions between the parties as to the reason(s) underlying that increase. If Hawk Wash fails to pay said monthly fee, the City may assess the Benefitted Property in the same manner as property taxes and without further notice. 4. Location of Detention Basin. The City, in its sole discretion, may expand the Stormwater Management Facilities at any time. If the City determines any part of the Stormwater Management Facilities should be installed in a different location, or that the size of the detention basin should decrease, City and Hawk Wash shall work together in good faith to revise this Declaration as needed. However, if the City Engineer determines such location change or decrease of basin size will not affect Hawk Wash’s use of the Stormwater Management Facilities, City, in its sole discretion, may relocate the basin or decrease the size at any time; however, if the City elects to relocate the basin, the City agrees to pay to Hawk Wash any increased infrastructural costs incurred by Hawk Wash due to such relocation. If the City were to relocate the basin in a way such that Hawk Wash would incur greater costs when installing any drainage infrastructure necessary to connect their property to the basin, any reasonable, excess costs incurred by Hawk Wash would be reimbursed by City. 5. Assignment. Hawk Wash may only assign this Declaration with written approval by the City of Tiffin. 6. Governing Law. This Declaration shall be construed and governed by the laws of the State of Iowa. 7. Intent. Nothing contained herein shall be deemed to constitute a gift or dedication of any portion of the Burdened Property to the general public or for the benefit of the general public for any public purpose whatsoever, except insofar as the Benefitted Property is permitted to drain stormwater into the shared detention basin in accordance with this Declaration’s terms. 8. This Declaration shall be a covenant running with the land and inure to the benefit of and be binding upon the parties, their successors and assigns. (SIGNATURE PAGES FOLLOW) Page 3 of 4 4871-3993-0184, v. 7