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storm water from the Grantee Property to the Grantor Property in the location of the existing <br />storm water line, which storm water line crosses the boundary line between the Grantee Property <br />and the Grantor Property in the location described on attached Exhibit D. Grantor shall have the <br />right to designate an alternate storm water discharge location from the Grantee Property at any <br />time, but Grantor, at its sole expense, shall be responsible for the installation of all storm water <br />drainage facilities necessary, including facilities on the Grantee Property to implement the new <br />discharge location. <br />3. Maintenance. Grantor and Grantee shall each be responsible for the maintenance <br />and repair of their respective property. Grantor shall, at its expense, perform all maintenance <br />(including snow and ice removal), and minor repairs on the Easement Area during the term of <br />this Agreement. Grantor also shall, at its expense, perform all maintenance and minor repairs to <br />the portion of the storm sewer system (including any drainage ponds or other drainage systems) <br />located on the Grantor Property in order to facilitate proper storm water drainage from the <br />Grantee Property to the Grantor Property. Grantor agrees that neither it, nor anyone claiming a <br />right through Grantor, shall in any way block, obstruct or delay Grantee's use of the Easement <br />Area or the drainage facilities now or hereafter existing on Grantor Property for the purposes set <br />forth herein. <br />4. Major Repair or Replacement. If major repairs, reconstruction or replacement of the <br />street, utility and/or drainage facilities in the Easement Area, or drainage facilities on the Grantor <br />Property which provide drainage for the Grantee Property, are deemed necessary, in the sole <br />discretion of Grantor, Grantor shall be responsible for undertaking the necessary repairs, <br />reconstruction or replacement and Grantee shall share in the costs of such repairs, reconstruction <br />or replacement in an amount determined pursuant to the Grantor's assessment policies then in <br />effect. In no event shall Grantee be responsible for more than 50% of the costs of such repairs, <br />reconstruction or replacement, nor shall Grantee pay any costs for relocation drainage facilities <br />on the Grantor Property unless such relocation is necessary due to failure of those drainage <br />facilities. <br />5. Duration; Termination. This Agreement shall be perpetual in nature. This <br />Agreement shall be recorded and shall constitute covenants and obligations running with the <br />Grantee Property and the Grantor Property and shall be binding and inure to the benefit of future <br />owners, tenants, and holders of any interest in said properties, or any portion thereof, and their <br />successors and. assigns unless and until this Agreement is terminated by written agreement by and <br />between Grantor and Grantee. <br />6. Notices. Any notice required or permitted to be given by any party upon the other <br />shall be given by certified mail, return receipt requested, by nationally recognized overnight <br />courier, or by personal delivery addressed as follows: <br />If to Grantor: City of Elk River <br />13065 Orono Parkway <br />Elk River, Minnesota 55330 <br />Attention: City Attorney <br />