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-114— <br />improved, subject to the following amended covenants, all of which are declared and <br />agreed to be consistent with and in furtherance of the servitude benefiting the City and <br />the State of Minnesota. <br />1. Regardless of the provisions of the City's zoning code, as from time to time <br />amended, the Property shall not be used for any purpose other than park or <br />open space or wireless telecommunication facilities and service. <br />2. Before developing the Property, the City and any wireless telecommunications <br />carrier must receive approval from the FAA, FCC and any other State or <br />Federal Agency involved in the approval of a telecommunication facility. <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 Pollution Control Agency does not have jurisdiction over <br />telecommunication facilities. <br />4. Each wireless telecommunications carrier shall abide by the City's zoning <br />code and all applicable state and federal laws. <br />5. The City shall have final approval of the installation of the wireless <br />telecommunications facilities. <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 />Minnesota, who are hereinafter referred to as the "benefited parties." <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 />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 />City of Ramsey Waste Management of Minnesota, Inc. <br />By: B y: <br />Its: City Administrator Its: Director of Operations <br />Amended Declaration of Restrictive Covenants <br />Page 2 of 3 <br />