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E. The City and Declarant agree that the health, safety, and welfare of the residents of the City of <br />Orono, Minnesota, require that on -site stormwater management/BMP facilities be constructed <br />and maintained on the Property; and <br />F. The City requires that on -site stormwater management/BMP facilities ("Stormwater <br />Facilities") as shown on the Plan be constructed and adequately maintained by Declarant as a <br />condition of Final Plat approval; and <br />G. As a condition of Final Plat approval, Declarant is required to provide this Declaration and <br />grant to the City an easement for access, drainage and utility purposes over portions of the <br />Property (the "Easement Areas"); and <br />H. The Easement Areas are depicted on Exhibit A, and <br />I. Declarant makes this Declaration in order to subject the Property to the requirements of the <br />Orono City Code, for the mutual benefit of the City, and the owners of the Property, <br />NOW, THEREFORE, Declarant makes this Declaration and hereby declares that this <br />Declaration shall constitute covenants to run with the Property in perpetuity, and further declares <br />that the Property shall be owned, used, occupied and conveyed subject to the covenants, <br />restrictions, easements, charges, and liens set forth in this Declaration, all of which shall be binding <br />on all persons owning or acquiring any right, title, or interest in the Property, and their heirs, <br />successors, personal representatives and assigns. All features requiring maintenance identified in <br />the Plan shall be maintained in perpetuity in accordance with as follows: <br />Stormwater Facilities. <br />A. Stormwater retention and treatment basin(s). Stormwater retention and treatment <br />basin(s) must be inspected at least one (1) time per year to determine if the basin's retention and <br />treatment characteristics are adequate and continue to perform per design. Culverts and outfall <br />structures must be inspected once every five (5) years and kept clear of any obstructions or <br />sediment accumulation. Sediment accumulation must be measured by a method accurate to within <br />one (1) vertical foot. A storage treatment basin will be considered inadequate if sediment has <br />decreased the wet storage volume by fifty percent (50%) of its original design volume. Based on <br />this inspection, if the stormwater basin(s) is identified for sediment cleanout, the basin(s) will be <br />restored to its original design contours and vegetation in disturbed areas restored within one (1) <br />year of the inspection date. <br />B. Raingar-dens, infiltration basins and filtration basins. Raingardens, infiltration <br />basins, and filtration basins will be inspected once every five (5) years to ensure drawdown rates <br />and live storage capacity are consistent with design rates and storage volumes. Invasive <br />vegetation, excess sediment and debris will be removed as needed and healthy plant growth will <br />be maintained to ensure that the facilities continue to perform per design. <br />C. Vegetated swales. Vegetated swales maybe moved for public safety, but otherwise <br />must remain free from vegetative disturbance, fertilizer application, yard or other waste disposal, <br />the placement of structures unless approved within the Permit, or any other alteration that impedes <br />function. <br />232653v4 <br />