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E. The Local Government Unit (LGU) charged with approval of the Replacement or <br /> Banking Plan is , whose address is <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 /> RESTRICTIONS AND COVENANTS <br /> The Declarant makes the following declaration of restrictions and covenants for the <br /> Replacement Wetland. These restrictions and covenants shall run with the land, and bind <br /> Declarant, and Declarant's heirs, successors, and assigns: <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 Replacement Wetland that would adversely affect the <br /> functions or values of the wetland as determined by Minnesota Rules 8420 0540, subp. 10, and as <br /> specified in the replacement plan or bank plan. <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 /> 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 /> 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 /> 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 /> FORM A <br /> Page 2 of 4 <br />