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

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