Orono Orchard Hill Declaration of Protection of Septic Sites

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considered exempt from the thirty (30) year durational limit set forth in Minnesota Statutes Section 500.20, subd. 2a, pursuant to Minn. Stat. Section 500.20, subd. 2a(5). 3.2 Enforcement. Each Owner(including Developer so long as Developer is the Owner of at least one of the Lots) shall have the right to enforce, by any proceeding at law or in equity, all easements, covenants, conditions, restrictions and charges now or hereafter imposed by the provisions of this Declaration, including the collection of any Owner's pro rata share of Common Expenses. The City, the County, and any other governmental or quasi-governmental entity, shall have the right to enforce by any proceeding at law or in equity all easements, covenants, conditions and restrictions created by this Declaration. In view of the purposes of this Declaration and the unique characteristics of the Property, it is acknowledged that money damages to the Owners, or any other entity in the event of a violation of any of the terms hereof would be an inadequate remedy, due to the irreparable and immeasurable harm done thereby. Accordingly each Owner (including Developer, so long as Developer is the Owner of at least one of the Lots) and any other entity shall have the right, in addition to any other remedies available at law or in equity, to apply for and receive from any court of competent jurisdiction in the State of Minnesota, equitable relief by way of restraining order, prohibitory or mandatory injunction, or other relief, to prevent and enjoin a breach of the terms of this Declaration, or by way of specific performance to enforce performance of the terms of this Declaration. If successful, the party seeking enforcement of the terms hereof shall be entitled to recover from the party violating the terms of this Declaration reimbursement for all costs and expenses of litigation, including reasonable attorney's fees, witness fees, service of process fees, deposition costs, expert witness fees, and any other costs incurred in securing such relief.