R2003-146 AUTHORIZING FIRST AMENDMENT

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(ii) No Party shall alter or permit to be altered the surface of the Common Area or the drainage/retention system constructed on its Tract if such alteration would materially increase the flow of surface water onto an adjacent Tract either within the aggregate or by directing the flow of surface water to a limited area. All surface water collection, retention and distribution facilities shall be deemed a Common Utility Line. (F) In the event a Party fails to perform its obligations under Section 2.2, any grantor shall have the right to claim a default pursuant to Section 6.1 and avail itself of all the provisions therein contained, including the right to lien a Defaulting Party's Tract, and receive Interest on all sums expended to cure such default. (G) The grantor shall have the right to relocate a Utility Line on its Tract upon thirty(30) days prior written notice to the grantee(s), provided that such relocation: (i) After January 31, 2005, shall not be commenced during the months of November or December; (ii) Shall not interfere with or diminish the utility service to the grantee during the grantee's business hours; and if an electrical line/computer line is being relocated, then the grantor and grantee shall coordinate such interruption to eliminate any detrimental effects; (iii) Shall not reduce or unreasonably impair the usefulness or function of such Utility Line; (iv) Shall be performed without cost or expense to the grantee; (v) Shall be completed using materials and design standards which equal or exceed those originally used; and (vi) Shall have been approved by the provider of such utility service and the appropriate Governmental Authorities. Documentation of the relocated easement area, including the fumishing of an "as-built" survey to all grantees, shall be at the grantor's expense and shall be accomplished as soon as possible following completion of such relocation. 2.3 Intentionally Omitted 10 #592904 v5-OEA-Deca[ur 9/19/?003