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<br />2. Before developing the Property, the City and any wireless relecommunications <br />carrier must receive approval from the FAA, FCC and any other State or <br />Federal Agency involved in the approval of a telecommnnication facility. <br /> <br />3. The telecommunication carrier pursuing a facility must provide the <br />Commissioner of the State of Minnesota Pollution Control Agency <br />notification of the installation., but shall not be required to seek approval, as <br />the Minnesota pollutil;>n Control Agency does not have jmisdicti.on over <br />telecommunication facilities. <br /> <br />4. Each wireless telecommunications carrier shall abide by the City's zoning <br />code and all applicable state and federal laws. <br /> <br />5. The City shall have final approval of the installation of the wireless <br />telecommunications facilities. <br /> <br />6. The above restrictive covenants are intended to be a servitude running with <br />the land, and they shall bind the City and all future owners and occupants of <br />the Property, and shall be solely for the benefit of the City and the State of <br />Millii.0sota, who are hereinafter referred to as the "benefited partieg:" <br /> <br />7. In the event of a breach of the restrictive covenants contained herein. each of <br />the benefited parties shall have standing to enforce the restrictions, and upon <br />competent proof of a breach of the restrictive covenants, shall be entitled to <br />injunctive relief. In. the event there is proof that an owner or occupant has <br />continued to breach the restrictive covenant, after having received two (2) <br />written notices from either benefited party to desist, either party who <br />thereafter brings suit to enjoin the breach shall also be entitled to an award of <br />its costs and attorneys' fees from the breaching party. <br /> <br />IN WITNESS WHEREOF, the undersigned Declarant and City have executed <br />this Amended Declaration of Restrictive Covenants, effective as of latter of the <br />dates of execution. <br /> <br />. - - Waste Management of Minnesota, Inc.- <br /> <br />BY.~ <br />Its: _~~ O=f 'Itlr\, <br />Dated: J7..-f-1o(. <br />City of Ramsey <br /> <br />By: <br />Its: <br />Dated: <br /> <br />Amended Declaration of Restrictive Covenants <br /> <br />Page 2 of3 <br /> <br />-254- <br />