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2 CORE/2008719.0399/160216689.1 WHEREAS, the site plan has evolved from what was originally contemplated by the parties to the Original Declaration, and the Declarant has agreed to amend and restate the Original Declaration, as set forth more fully below; and NOW, THEREFORE, Declarant hereby makes the following Declaration, and specifies that this Declaration supersedes the Original Declaration in its entirety, and shall constitute covenants that run with the Property and shall be binding upon the owners of the Property and their successors and assigns. D E C L A R A T I O N : 1. Recitals; Defined Terms. The foregoing recitals are hereby incorporated within this Declaration as an integral part hereof. 2. Property. The real property subject to the terms of this Declaration (the “Property”) shall be those portions of the parcels shaded in gray and labeled as “HOA Ownership” on Exhibit A that actually contain Facilities (defined in Paragraph 3 below) and that are located in the following described Lots and Outlots: Outlots A, B and C, Woods Edge 1st Addition; Lot 8, Block 2, Woods Edge 1st Addition; Lot 15, Block 3, Woods Edge 1st Addition; Lot 6, Block 5, Woods Edge 1st Addition; and Lot 20, Block 2, Woods Edge 2nd Addition, all in Hennepin County, Minnesota. Exhibit A is hereby incorporated herein by reference. Notwithstanding anything in this Declaration or the Original Declaration to the contrary, those shaded portions of the following-described parcels labeled as “HOA Ownership” that do not actually contain Facilities are expressly excluded from the definition of the “Property”. The terms and conditions of this Declaration shall also not apply to and Declarant shall not have any obligations (including without limitation maintenance obligations) with respect to any property labeled on Exhibit A as “City Ownership.” 3. Facilities. The facilities on or to be located on the Property (the “Facilities”) to which the maintenance requirements in Paragraph 4 below apply are depicted on Exhibit A and identified in Exhibit A as follows: Sump Catchbasin/Manhole Storm Sewer Inlet and Manhole Structures Storm Sewer Outlet Structure Infiltration Basin 4. Declaration. The Property shall be owned, used, occupied, and conveyed subject to the covenants and restrictions set forth below: a. Declarant will inspect the Facilities at least annually; b. Declarant will maintain and repair the Facilities: i. In the case of basins and other Facilities where sediment collects, to preserve live storage or capacity at or above the design volume or, where