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1.4 Restriction on Removal of Vegetation. No trees, shrubs, or other vegetation shall be removed
<br />om the Easement area except for noxious weeds or for purposes of tree disease control by, or as directed by, a
<br />governmental agency.
<br />• 1.5 Storage Restrictions. No storage of any manmade objects, and no soil, trash, waste, or other
<br />materials or substances of any kind shall be dumped or placed, or allowed to be dumped or placed, as fill or for
<br />any other purpose, upon any portion of the Easement area.
<br />1.6 Excavation Restriction. No soil or other material or substance shall be excavated, dredged, or
<br />removed from any part of the Easement area.
<br />1.7 General/Environmental Restrictions. No activities detrimental to the drainage, water
<br />conservation, erosion control, soil conservation or wildlife and vegetative habit preservation of the Easement
<br />area, and no other activities detrimental to the preservation of the said area, shall be conducted or permitted on
<br />all or any part of the Easement area. No fertilizers, whether natural or chemical, no pesticides, herbicides, or
<br />insecticide may be sprayed or applied to the Easement area except by, or as directed by, a governmental agency.
<br />No surface use shall be made of all or any part of the Easement area which is detrimental to the preservation of
<br />its scenic beauty or its habitat for wetland vegetation and/or wildlife.
<br />2. Maintenance. Grantor herewith grants to Grantee, its agents and employees the right, but not
<br />the obligation, to preserve, improve and enhance the slope, trees, vegetation, and natural habitat within the
<br />Easement area by altering, clearing, and removing trees or other vegetation, by changing the contour of the
<br />land, and by planting trees or other vegetation and to enter upon the Easement area at anytime to enforce
<br />•omPliance with the terms of this instrument.
<br />3. Enforcement.
<br />3d By Public Authorities. This Conservation Easement may be enforced, at law or in equity, by
<br />Grantee.
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<br />3.2 By Private Parties. This Conservation Easement may be enforced, and any controversy or
<br />dispute involving the meaning of the language, or any term or condition, of this instrument, may be settled, in
<br />arbitration in accordance with the arbitration rules of the American Arbitration Association by a sole arbitrator.
<br />In addition to owners of any portion of the Property, Grantee shall have standing to initiate such arbitration
<br />proceedings. All owners of any portion of the Property, and Grantee, shall have the right to receive notice of
<br />the pendency of any such arbitration proceedings, and the right to participate therein. The arbitration
<br />proceedings shall be held in the Association's offices in Minneapolis, Minnesota, or at such other place as is
<br />agreed to by the parties. The arbitrator shall have the right, to be exercised in the discretion of the arbitrator, to
<br />award attorneys fees and costs to the opposing parties if the arbitrator determines that any party to any dispute
<br />or disagreement in connection with this instrument has acted in bad faith with respect to the Easement, the
<br />dispute, or the arbitration. Judgment upon any award rendered by the arbitrator may be entered in Anoka
<br />County District Court. Notwithstanding the foregoing, any person owning any portion of the Property, or
<br />possessing any rights hereunder, shall have the right to seek from Anoka County District Court equitable or
<br />provisional remedies (such as temporary restraining orders, temporary injunctions, and the like) before or after
<br />any arbitration.
<br />4. Miscellaneous.
<br />4.1 Severability. If any term, covenant or provision of this instrument, or any exhibit attached
<br />hereto, is held to be invalid or unenforceable for any reason whatsoever, such determination shall not be
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