EXHIBIT 10-4.1, DRAINAGE AND RETENTION AGREEMENT (SAMPLE)
For tax purposes: EXEMPT PER
A.R.S. § 11-112.4.A.3
When recorded mail to:
City of Apache Junction
Engineering Division
Department of Public Works
575 E. Baseline Ave.
Apache Junction, AZ 85219
DRAINAGE AND RETENTION AGREEMENT
An agreement for the diversion and disposal of stormwater runoff subject to certain terms and conditions contained herein is hereby provided over, under and across the real property described as:
Retention basins within the land covered by this "Drainage and Retention Agreement" shall not at any time hereafter be filled, altered or deviate from the elevations and required volume shown on the approved improvement plans and drainage report on file at the office of the City Engineer unless written authorization is granted by the City Engineer. The property owner(s) shall not at any time hereafter block, obstruct or impede in any manner the flow of water across or through the property and into the retention basin(s). The owner(s) shall have an obligation to maintain the retention facilities and/or structure(s) as approved by the City of Apache Junction in accordance with development plans of the original project. Owner(s) will not be allowed to erect any building or structure on the drainage and retention paths or in any way result in a reduction of percolation that would cause the basin to retain runoff more than 36 hours after a storm. In addition, the owner(s) must maintain the retention basin and provide an acceptable means for assuring that all basins drain within the 36-hour time period. In the event damage to any property results from violating these Covenants, said owner(s) agree to restore at their own expense all such damage. This Covenant agreement shall be conveyed and continued with the transfer of title or ownership of said property to any and all future owners or assigns.
                                                                                                                  
City Engineer               Owner/Developer Signature
                                                                        
                  Name Printed/Title
                                                                        
                  Company Name
                                                                        
                  Address
For City Engineer
STATE OF ARIZONA   )
            )
County of Pinal      )
This instrument was acknowledged before me this         day of                               , 20     
By                                                                                                                     
   Notary Public               My Commission Expires
 
For Owner/Developer
STATE OF
County of
This instrument was acknowledged before me this       day of                               , 20      
By                                                                                                                     
   Notary Public               My Commission Expires