proposed declaration of restrictive covenants

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municipal corporation, its successors and assigns, and further Declarant agrees that if Declarant shall convey the Subject Premises or any part thereof, the conveyance shall be made subject to the following restrictive covenants: 1. Prior to the excavation of the Subject Site, or any portion thereof, the then present owner of the Subject Premises shall notify the City of Orono's Building and Zoning Administrator, and shall submit excavation plans to said City official. Said City shall have the right to monitor said excavation. If, during the course of any such monitoring, said City official or other said City employee responsible for such activities determines that any fill under the Subject Site that has been exposed in connection with said excavation is not in compliance with said City's then existing ordinances relating to demolition and/or requirements regarding the types of fill that may be used, said City may require that any fill and/or basement foundation under the Subject Site that is not in compliance with the then existing ordinances be removed from the Subject Premises and disposed of in a lawful manner. 2. Except as set forth in Section 3 of this Declaration, Declarant hereby agrees and affirms that this Declaration shall not be revoked or altered in any way without the express written consent of the City of Orono, as authorized by resolution of the City Council of said City. 3. Declarant hereby reserves the right for itself, or its successors or assigns, in the event of the occurrence of any one or more of the following described "terminating events," to notify the City of Orono in writing, of the nature of such terminating event, and in said notice to request the City of Orono to execute and deliver an agreement terminating and rendering null and void this Declaration. Upon receipt of such notice the City of Orono will promptly investigate the occurrence of such terminating event, and if the same has occurred as set forth in said notice, then the City of Orono will promptly execute and deliver to Declarant a written release and termination of this Declaration in form suitable for recording in the office of the County Recorder, or Registrar of Titles office, as may then be applicable, in Hennepin County, Minnesota. If the requirements relating to the types of fill that may be used set forth in Section 10.03, subd. 19, of the City of Orono Zoning Ordinance as the same may be amended or modified from time to time, and any ordinance which succeeds thereto, are: (i) Repealed by the City of Orono and not replaced by a provision prohibiting the type of fill described in the second "WHEREAS" clause on page 1 of this Declaration within three (3) months of such repeal; or (ii) Declared invalid by a Final Decree of a Court of competent jurisdiction and not replaced by a valid ordinance prohibiting the type of fill described in the second "WHEREAS" clause on page 1 of this 2