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Easement by any delay or prior failure of the City in discovering a violation or <br />initiating enforcement proceedings. <br /> <br />Acts Beyond Owner's Control. The City may not bring any action against the <br />Owner for any change to the Protected Property resulting from causes beyond <br />the Owner's control, such as changes caused by fire, flood, storm, natural <br />deterioration or the unauthorized acts of persons other than the Owner or the <br />Owner's agents, employees or contractors or resulting from reasonable actions <br />taken in good faith under emergency conditions to prevent or mitigate damage <br />resulting from such causes. <br /> <br />Right to Report. In addition to other remedies, the City has the right to report <br />any environmental concerns or conditions or any actual or potential violations <br />of any environmental laws to appropriate regulatory agencies. <br /> <br />4.3, <br /> <br />Signs. The City has the right to place on the Protected Property signs that identify <br />the land as protected by this Easement. <br /> <br />PUBLIC ACCESS. This Easement gives the general public a right to enter upon or use <br />the Protected Property as provided by the intent of this easement. <br /> <br />6. GENERAL PROVISIONS. <br /> <br />Assignment. This Easement may be assigned or transferred by the City only to a <br />conservation organization which is a qualified organization under Section 170(h) of <br />the Internal Revenue Code and related regulations and which is authorized to hold <br />conservation easements under Minnesota law. <br /> <br />As a condition of any assignment or transfer, the City shall require any future holder <br />of this Easement to continue to carry out the conservation purposes of this Easement <br />in perpetuity. <br /> <br />The City will notify the Owner of any assignment within fifteen (15) days of the <br />assignment and will provide the Owner with the name and address of the new holder. <br /> <br />6.2 <br /> <br />Amendment. Under appropriate circumstances, this Easement may be modified or <br />amended. However, no amendment or modification will be allowed if, in the sole and <br />exclusive judgment of the City, it (i) does not further the purposes of this Easement, <br />(ii) will adversely impact the Conservation and Public Values protected by this <br />Easement, (iii) affects the perpetual duration of the Easement, or (iv) affects the <br />validity of the Easement under Minnesota law. <br /> Any amendment or modification must be in writing and recorded in the same <br /> manner as this Easement. <br /> <br />Extinguishment. This Easement may be extinguished only through judicial <br />proceedings and only under the following circumstances: <br /> <br /> <br />