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AIK-SOM Property to the Bio-Detention Area and for purposes of constructing and maintaining
<br />fixtures, facilities, pipes and valves to connect the Bio-Detention Area to the Subdivision's storm
<br />sewer system to be constriicted by AIK-SOM or the Village. AIK-SOM reserves to itself, its
<br />successors and assigns and firture owners of the AIK-SOM. Property or any portion thereof a
<br />perpetual easement over such portions of the AIK-SOM Property that will not interfere with the
<br />use thereof for the installation, maintenance, use, operation, repair, replacement and removal of
<br />drainage ditches and/or sewer lines to the Bio-Detention Area and all equipment, fixtures and
<br />facilities related or pertinent thereto (the "Drainage Lines") for the purpose of permitting the
<br />drainage of water from the AIK-SOM Property to the Bio-Detention Area (the "Bio-Detention
<br />Purpose").
<br />2. Maintenance of Bio-Detention Area. The Village shall maintain the Bio-Detention Area
<br />and the Drainage Lines at its sole cost and expense, with all such work to be performed and
<br />completed in a diligent, workmanlike manner and with as little interference as reasonably
<br />possible with the use of the AIK-SOM Property. At such time as AIK-SOM sells or otherwise
<br />divests itself of its interest in and to the AIK-SOM Property and the Subdivision, AIK-SOM's
<br />rights herein shall vest in the Association, and thereafter, the Association shall be entitled to
<br />enforce any of AIK-SOM's rights and enjoy any of AIK-SOM's benefits appertaining to the Bio-
<br />Detention Area. The Village sha11, at its sole cost and expense, maintain the Bio-Detention Area
<br />and the Drainage Lines, with all such work to be performed and completed in a diligent,
<br />workmanlike maruier and with as little interference as reasonably possible with the use of the
<br />AIK-SOM Properiy. Furthermore, at such time as AIK-SOM sells or otherwise divests itself of
<br />its interest in and to the AIK-SOM Property and the Subdivision, AIK-SOM sha11, and hereby is,
<br />released from any and all obligations of any nature whatsoever with respect to the AIK-SOM
<br />Property, the Village Property, and the Subdivision.
<br />III. THE BIKE PATI3 EASEMENT
<br />AIK-SOM hereby grants to the Village an appurtenant easement, in favor of the Village
<br />Property for purposes of placing and maintaining certain improvements (collectively, the "Bike
<br />Path Facilities") over and across ttie Bike Path Area.
<br />1. The Bike Path Easement Purpose. The Bike Path Facilities shall be for the use and
<br />benefit of the public insofar as such may be utilized for recreational bicycling and hiking
<br />purposes (the "Bike Path Purpose").
<br />2. Installation, Maintenance and Repair. The Village shall operate, use and maintain the
<br />Bike Path Facilities in such a manner so as to not in any way negatively impact in any manner
<br />the grade, appearance, cirainage, landscaping, other plantings and soil conditions of, or the
<br />improvements situated upon, any portion of the AIK-SOM Property, the Subdivision, the Bio-
<br />Detention Area, or the Bike Path Area, and shall keep the Bike Path Facilities and the Bike Path
<br />Area in good condition and repair, all at the Village's sole expense. Notwithstanding the
<br />foregoing, the Village may use the Bike Path Easement, and the Bike Path Area to (all of which
<br />shall collectively be encompassed within the definition of "Management Activities" as set forth
<br />above):
<br />(a) install, construct, inspect, operate, repair, patrol, maintain and remove in, under
<br />and along said right-of-way across said AIK-SOM Property such hard or soft pavements,
<br />CLEV1997 1472356 S.DOC
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