Res 1992-154 - Laserfiche WebLink

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.3LII3 3. Nothing herein shall be construed to require GRANTOR to construct or maintain any other or additional storm water detention system or systems (or parts thereof). Nothing herein shall relieve GRANTOR from any obligations it may have (otherwise than under this instrument) under any applicable law or valid ordinance. 4. (A) Nothing herein shall prohibit GRANTOR from discontinuing the maintenance of the Detention Facilities, or one or more parts thereof, or from modifying or changing the method of maintenance of the Detention Facilities, or any part or parts of same, provided the prior consent of the city council of GRANTEE to such discontinuation, change and/or modification is first had and obtained; such consent, once issued, shall not be revocable (unless GRANTOR and the city council of GRANTEE consent in writing to the revocation). (B) It is further agreed that a so requested consent to a discontinuation of or modification or change to the maintenance of the Detention Facilities, or any part or parts thereof, will not be denied, withheld or delayed if good cause for same is shown. Good cause shall include (but not by way of limitation) a showing that the requested discontinuation, change or modification will not reduce the effectiveness of the Detention Facilities to perform the storm water control functions for which same were originally designed. Where appropriate, a requested consent shall be supported by data and calculations of a profess;Ìonal engineer registered in the state of Texas. (C) The city Council's determination that good cause is not shown or does not exist for the granting of a consent requested in writing by Owner as above provided for in this paragraph "4" shall, if reasonable and. in accordance herewith, be binding on GRANTOR. Nothing herein shall impose upon GRANTEE or the City council any obligation to grant a requested consent to any action or inaction which constitutes a violation of an applicable city ordinance or law. I (D) Nothing herein shall prohibit GRANTOR from making, without consent of said city Council, minor or insubstantial changes in or modifications in the maintenance of the Detention Facilities or any part or parts thereof; provided, that no change which materially impairs the performance of any of the Detention Facilities for their intended purposes shall be considered minor or insubstantial. 5. Variances from the requirements imposed on GRANTOR by this covenant may be granted by the city council of GRANTEE. 6. If the GRANTEE, through express action of its city Council, and with the consent of GRANTOR, chooses to assume the responsibility for maintenance of the Detention Facilities, then 30047958.1 122292 1656C 89838858 3