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STORMWATER FACILITIES MAINTENANCE AGREEMENT AND RESTRICTIVE COVENANT This Stormwater Facilities Maintenance Agreement and Restrictive Covenant (this "Maintenance Agreement and Restrictive Covenant") is made this -1..2_ day of t'.)ovg 01 btir, 2021, by and between the City of St. Anthony, a Minnesota municipal corporation, having its principal offices at 3301 Silver lake Road NE, St. Anthony, Minnesota 55418 (the "City"), and The Village, LLC dba Urban Grove, a Minnesota limited liability company (owner) at 1907 Wayzata Blvd Suite 250, Wayzata, MN 55391, (the "Owner" or "The Village, LLC dba Urban Grove"). The City and Owner are sometimes collectively referred to hereafter as the "Parties". RE CITA LS WHEREAS, The Village LLC, dba Urban Grove is the owner of fee title or a substantial beneficial interest in certain real property commonly described as 2501 Lowry Ave NE in the City of St. Anthony, Hennepin County, Minnesota (the "Property") and legally described in Exhibit A, attached hereto and incorporated herein by this reference; and WHEREAS, in connection with the Owner's proposed development of the Property, the City has required and the Owner has agreed to construct a stormwater swale to convey stormwater across the property (the "Drainage Swale"); and WHEREAS, such Drainage Swale is described in the plan dated November 4, 2021 prepared by Stantec for the Owner's Property, a copy of which is attached hereto as Exhibit B and incorporated herein by this reference ("Drainage Swale Plan"); and WHEREAS, as a condition of project approval, the parties have entered into this Maintenance Agreement and Restrictive Covenant, in order to ensure that the Drainage Swale will be constructed and maintained in accordance with the approved plans; NOW, THEREFORE, in consideration of the mutual agreements contained herein, as well as other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows: TE R MS Section 1. Construction and Maintenance. Owner agrees to construct and maintain a stormwater collection and conveyance system on the Property, as shown on the Drainage Swale Plan. Owner agrees to maintain and preserve the Drainage Swale until such time as the City, its successors or assigns, reasonably determines that the Drainage Swale requires modification or enhancement to properly attenuate stormwater collection and conveyance at the Property. Section 2. No Modification or Removal. No part of the Drainage Swale shall be dismantled, revised, altered, or removed, except as necessary for maintenance, repair, or replacement. Section 3. Access. The City shall have the right to ingress and egress over those por tions of the Property described in Exhibit A in order to access the Drainage Swale for inspection and 72