06-15-2015 Planning Commission Packet

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a ARTICLE IX GENERAL PROVISIONS 9.1 Duration. The covenants, conditions, restrictions and easements in this Declaration shall run with and bind the Pmperty and shall inure to the benefit af and be enforceable by and against the Owner of each Lot, and their respeetive legal representatives, heirs, successors and assigns. The easements created pursuant to this Declaratzon shall be perpetual. Any provision of this Declaration expressly benefiting the City, the County, or any other governmental or quasi-governmental entity, sha11 be perpetual unless and until waived in writing by that entity. All other covenants, conditions, restrictions and reservations created by this Declaration are exempt from the durational limit set forth in Minnesota Statutes Section 500.20, subd. 2a pursuant to clanse(4)of that subdivision, ai�d shall be perpetuai. 9.2 Enforcement. Each Owner (including Developer so long as Developer is the Owner of at least one of the Lots) and the Association 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 Declaratian, including the ooIlection, for the benefit of the Association, of any Owner's pro rata share of Common Expenses. The City, the County, and any other govenunental or quasi-governmental entity, shall have the right ta enforce by any proceeding at law or in equity a11 easements, covenants, conditions and restrictions created by this Declaration expressly for the benefit of such entity. In view of the purposes of tlus Declaration and the unique characteristics of the Propelty, it is acknowledged that money damages to the Association, any Owner or any other entity in the event of a violation of any of the terms hereof would be an inadequate remedy, due to the ineparable and immeasurable harm done thereby. Accordingly, the Association, each Owner (including Developer, so long as 22