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MK_MPLS\25597\1\2584669.v2-5/3/22 STORMWATER FACILITIES MAINTENANCE AGREEMENT AND RESTRICTIVE COVENANT This Stormwater Facilities Maintenance Agreement and Restrictive Covenant (this “Maintenance Agreement and Restrictive Covenant”) is made this _____ day of ____________, 2022, 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 Lowry Retail LLC, a Minnesota limited liability company, the current property owner, having its principal offices at 6390 Carlson Drive, Eden Prairie, Minnesota 55346, (the "Owner" or “Lowry Retail”). The City and Owner are sometimes collectively referred to hereafter as the “Parties”. R E C I T A L S WHEREAS, Lowry Retail is the owner of fee simple title in certain real property commonly described as 2654 Kenzie Terrace 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 an underground stormwater collection and treatment facility on the Property (the “Stormwater Management Facility”); and WHEREAS, such Stormwater Management Facility is described in the Stormwater Management Plan dated March 18, 2022 and detailed in the Construction Documents dated March 18, 2022 prepared by Westwood Professional Services for the Property, a copy of which is attached hereto as Exhibit B and incorporated herein by this reference (“Stormwater Management 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 Stormwater Management Facility 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: T E R M S Section 1. Construction and Maintenance. Owner agrees to construct and maintain the Stormwater Management Facility on the Property, as detailed in the Stormwater Management Plan. Owner agrees to maintain and preserve the Stormwater Management Facility until such time as the City, its successors or assigns, reasonably determines that the Stormwater Management Facility requires modification or enhancement to properly attenuate stormwater collection, treatment, and conveyance at the Property. Section 2. No Modification or Removal. No part of the Stormwater Management Facility shall be dismantled, revised, altered, or removed, except as necessary for maintenance, repair, or replacement. 44