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<br />E. The Local Government Unit (LGU) charged with approval of the Replacement or <br />Banking Plan is , whose address is <br /> <br />F. All references in this instrument to Minnesota Statutes and Rules are to the <br />Statutes and Rules currently in effect and as amended or renumbered in the future. <br /> <br />RESTRICTIONS AND COVENANTS <br /> <br />The Declarant makes the following declaration of restrictions and covenants for the <br />Replacement Wetland. These restrictions apd covenants shall run with the land, and bind <br />Declarant, and Declarant's heirs, successors, and assigns: <br /> <br />1. The Declarant shall maintain a Replacement Wetland of the size and type specified <br />in the replacement plan or bank plan approved by the LGU and on file at the offices of the LGU. <br />Declarant shall not make any use of the Rcplacement Wetland that would adversely affect the <br />functions or values of the wetland as dctermined by Minnesota Rules 84200540, subp. 10, and as <br />specified in the replacement plan or bank plan. <br /> <br />2. Declarant shall pay the costs of maintenance, repairs, reconstruction, and <br />replacement of the Replacement Wetland, which the LGU or the State of Minnesota through the <br />Minnesota Board of Water and Soil Resources may deem necessary to comply with the <br />specifications for the Replacement Wetland in the approved replacement plan or bank plan. <br /> <br />3. Declarant grants to the LGU, the State of Minnesota, and the agents and <br />employees of the LGU and the State of Minnesota, reasonable access to the Replacement Wetland <br />for inspection, monitoring, and enforcement purposes. This Declaration grants no access to or <br />entry on the lands described to the general public. <br /> <br />4. Declarant represents that he or she has a fee simple or easement interest in the land <br />on which the Replacement Wetland is or will be located. Declarant represents that he or she has <br />obtained the consent of all other parties who may have an interest in the land on which the <br />Replacement Wetland is or will be located to the creation of the restrictions and covenants herein, <br />and that, all such parties have agreed in writing to subordinate their interests to these restrictions <br />and covenants, pursuant to the attached Consent and Subordination Agreement(s). <br /> <br />5.' Declarant shall record or file this Declaration, pay all costs associated with <br />recording or filing, and provide proof of recording or filing to the LGU. If this Declaration is <br />given pursuant to a replacement plan, such proof shall be provided to the LGU before proceeding <br />with construction of the Replacement Wetland. <br /> <br />FORM A <br />Page 2 of4 <br />