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a. Sections 3a, 3b, 3c and 3f shall not restrict the maintenance of <br /> driveways. <br /> b. After November 20, 2003, further grading within the Conservation <br /> Easement Area is prohibited except for any grading determined to be <br /> necessary by the City Engineer to correct drainage deficiencies that would <br /> otherwise result in damage to approved structures or damage to <br /> environmentally sensitive areas. Any proposed accessory structures shall <br /> not require additional grading or excavation. <br /> c. Section 3 shall not prohibit: (1) the placement of standard garden <br /> benches in the Conservation Easement Area; (2) the planting of non-native <br /> vegetation in or immediately adjacent to the driveway; (3) walkways, <br /> pathways, stoops or patios within ten feet of the main house on the <br /> Property; (4) the placement of stepping stones in the Conservation <br /> Easement Area; or (5) the construction of pathways made of permeable <br /> materials (e.g. decomposed granite) in the Conservation Easement Area. <br /> All other accessory structures and improvements not specifically listed <br /> herein are prohibited. <br /> 5. Restrictions on Public Use. The public shall not have a right of entry upon <br /> the Property. The right of entry and surface use is limited solely to the Town, but only <br /> for the purpose of inspection of condition of the Property. <br /> 6. Term of Agreement. This, conservation easement and Agreement shall be <br /> effective on the date of recordation of this Agreement and shall remain in effect in <br /> perpetuity. <br /> 7. Successors in Interest. This Agreement and the conservation easement <br /> shall run with the property and shall be binding upon and inure to the benefit of the heirs, <br /> successors and assigns of the parties hereto. <br /> #671682v2 <br />