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2. Require the Homeowner Association to maintain and <br />operate the wastewater treatment system/drain field. <br />Provide that, in the event of a failure by the Homeowner <br />Association to satisfy the obligations defined in Section <br />4.07B and its subdivisions of this Development Agreement, <br />as determined by the City's Consulting Engineer, the City <br />may undertake such obligations and assess all costs <br />incurred to the Homeowner Association; and in such event, <br />the Developer for itself and for the Homeowner Association <br />hereby waives the requirements otherwise imposed by MS <br />429. <br />4. Provide that any provisions in the Covenants relating to the <br />obligations defined in Section 4.07B and its subdivisions of <br />this Development Agreement may not be repealed or <br />amended without consent of the City. <br />C. Homeowner Association Articles of Incorporation. <br />D. A Conservation Easement(s) from the land owner to the City and <br />the Minnesota Land Trust, attached and incorporated as herein <br />Exhibit D and Exhibit E, and covering Outlots B, C, E, F and N, <br />Sanctuary. <br />E. The public trailway easement attached and incorporated herein as <br />Exhibit F. <br />F. The public trail/driveway/utility easement over the South 30 feet <br />of Outlot B, Sanctuary of Lake Elmo. <br />4.08 Public Use Dedication. The Developer's public use dedication <br />requirement for Sanctuary of Lake Elmo is $392,000.00 and shall consist <br />of the following: <br />A. a payment in the amount of $215,238; <br />B. the dedication or conveyance of the public trail easement; <br />C. the construction of the public trailway per plans approved by the <br />City Engineer at a cost to the Developer of $31,072 (this <br />mathematical formula: 11,270 lineal feet minus 8,680 lineal feet <br />equals 2,590 lineal feet times $8.80 per lineal foot). <br />D. conveyance of fee title to the City for Outlot D (credit $128,000); <br />and <br />