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• <br />B. The City shall record a Conservation and Access Easement Agreement and Declaration <br />of Restrictive Covenants with respect to the Property (the "Easement and Declaration") <br />substantially in the form attached hereto as F blit F and as provided in this Section N. <br />1, The City shall record an Easement and Declaration applicable to any portion <br />of the Property prior to or contemporaneously with the City's conveyance of <br />fee title to any portion of the Property to any unrelated third person. <br />2. The City shall give the MPCA and EPA written notice of the City's intent to <br />convey fee title to any portion of the Property at least forty-five (45) days <br />prior to the proposed closing date of the conveyance. The City shall include <br />with such notice a proposed Easement and Declaration specific as to the <br />portion of the Property to be conveyed. If, prior to the closing date, either the <br />EPA or MPCA reasonably determine that the proposed Easement and <br />Declaration should be amended to reflect information known at the time of the <br />conveyance or otherwise to reflect the intent of this Agreement, the parties <br />shall use their reasonable best efforts promptly to agree on the amendment so <br />as not to delay the closing. If neither EPA nor MPCA comment on the <br />proposed Easement and Declaration prior to the Closing, the City shall record <br />the proposed Easement and Declaration at closing. Provided that the City has <br />given EPA and MPCA notice as required hereunder, the City shall not be <br />obligated to postpone closing pending EPA or MPCA approval. <br />3. The City shall record an Easement and Declaration in the form attached hereto <br />as Exhibit G prior to or contemporaneously with the City's conveyance of a <br />portion of the Property to Donatelle Plastics, Incorporated or its successors <br />and assigns ("Donatelle"). Nothing contained herein shall be construed as <br />requiring the City to convey any portion of the Property to Donatelle, or as <br />requiring Donatelle to acquire any portion of the Property from the City. <br />4. The MPCA shall give written notice to the City upon completion of the <br />Remedial Action construction of all Response Actions at the Property. The <br />City shall record an Easement and Declaration on any portions of the Property <br />then remaining in title with the City within ninety (90) days after the <br />completion of the Remedial Action construction of all Response Actions at the <br />Property following the procedure in this Section N(B)(4). The City shall <br />provide forty-five (45) days notice to the Agencies before recording the <br />Easement and Declaration, and shall provide a copy of the proposed Easement <br />and Declaration with the notice. If, prior to the date proposed for recording, <br />the Agencies notify the City that the proposed Easement and Declaration <br />should be amended to reflect information known at the time or otherwise to <br />reflect the intent of this Agreement, the Easement and Declaration shall not be <br />recorded until the parties agree on an amendment and, in such event, the City <br />New 8flsW n/tvlaot3illis & GMe <br />Agreement & Covmaw Not to Sipe <br />648734 -V7 - hme 26, 1997 - Page 7 <br />3 <br />