Amendment to Declaration & Easement

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F. Fezziwig owns Lot S, Block 1, Shoreline Estates PIN 10-117-23-14-0029 pursuant to a Trustee's Deed recorded as Hennepin County Document No. T5916899, G. Fezziwig owns Lot 6, Block 1, Shoreline Estates PIN 10-117-23-14-0030 pursuant to a Trustee's Deed recorded as Hennepin County Document No. T5932509. H. Declarant retains ownership of Outlot D, Shoreline Estates PIN 10- 117-23-14-0031. I. City, Declarant, Fezziwig and Andersen/Stokka desire to amend the terms of the Declaration by adding a new subparagraph to Paragraph 3. Stormwater Facilities and wish to reflect their understandings in writing. NOW, THEREFORE, the parties agree as follows: 1. Paragraph 3, Stormwater Facilities, of the Declaration shall be amended to include the following subparagraph: f. Underground Storage Facilities. Underground storage facilities will be inspected at least annually to ensure continuing performance per design. Capacity will be considered inadequate if sediment has decreased the storage volume by 50 percent of the original design volume. Accumulated debris and sediment will be removed, and inlet and outlet structures will be kept clear of any flow impediments. Any cost associated with the inspection or maintenance of the underground storage facilities shall be the sole responsibility of the property owner on which the underground storage facilities exist, whether such inspection or maintenance is undertaken by the property owner or by the City under the terms of this Agreement. 2. Except as herein amended, the Declaration and all of its obligations and conditions shall remain in full force and effect. 3. This Amendment shall be recorded against the real property referenced in the Recitals above. IN WITNESS WHEREOF, the undersigned has executed this instrument the day and year first set forth. (Remainder ofpage intentionally left blank. Signature pages follow.) zzs l as�z 2