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HomeMy WebLinkAbout0161point or points along the co~m~n bo~ndaries of Parcel A an3 Parcel B. The aforesaid obligations to maint3in :~rainage :acilities and water retention basin~ or pon~s sh311 abate for such perio~s of ti,me during which ~uch obligations ~hall be un~ertaken by an appropriate governmental authority. Said drainage ` facilities an~ water retention basina or pon3s shall be finishe3 and ready for use no later~than ei~ht (8) months from the date hersof. In the event that the owner of Parcel 8 shall fail to complete the construction of such drainage an~ retention facilities ~ prior to the date set forth above, the owner of Parcel A, its successors, successors-in-t~tle, and assi3ns, shall have the right, but not the obligation, to enter u~on such portions of Parcel B as are not within tha "Ruilding Area" sho~vn on the Site Plan for the purpose of constructing (or compl~ting sai3 construction in the event of partial completion by the owner of Parcel g) sai9 facilities, and the ownar of Parcel B shall reimburse the ~wner of Parcel A for any and all exnenses (exclusive of ov~rhea~ expense) incurred in connection therewith. All such amounts shall baar interest at the higher of (i) the annual rate of twelve percent (12$); or (ii) the annual zate then in effect un~er the construction loan, if any, entare~ into by the owner of Parcel A for the construction of improvements on Parcel A. Such interest shall accrue ' from the ~ate such expenses are incurred until paid, and the entire amount of such exa~nses together with all interest accrue~i thereon shall be payable no later than ten (10) ~afs after the receipt by the owner of ~ Parcel B of written notice from the owner oz Parcel A = that such facilities have been complated, said notice •~~ to be accompanied by a statemsnt setting forth the total ~mount ~ue and payable by the owner o€ Parcel 3 ~ ~ . ~ ~ ~ v.?.ci'~ t..,.-~_-e'i° .. :, ,s - .:h ~ ° -"_ -9- e~3~8 P~~ 161 - k~'"u~-4 ~sa~»~ 3~ t r