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2. That, in the event Property A at any time in the future ceases to be used as a golf <br />course, it shall be kept and maintained by Declarant, or Declarant's successors, exclusively as <br />an open green area for the benefit of the sunounding landowners and residents of Property B. <br />3. Subject to the provisions of Paragraph 4 below, the restrictions and covenants created <br />by this Declaration sha11 create a perpetual covenant running with the land and shall be binding <br />upon Property A and upon Declarant and its successors and assigns. Further, the restrictions <br />and covenants herein provided for shall inure to the benefit of the City of North Olmsted and <br />to sunounding and abutting landowners and residents of Property B. The provisions of this <br />Declaration shall not be amended, terminated or otherwise modified without the written consent <br />of the Declarant, its successors and ,issigns, as owner of Property A, and the City of North <br />Olmsted, as evidenced 'oy a majority vote of City Council, following a public hearing upon the <br />matter in accordance with the laws of the City of North Olmsted. Prior notice of any proposed <br />amendment, termination or modification shall be given in writing to a111andowners and residents <br />whose properties abut Property A, and a public hearing had, at least two (2) weeks prior to any <br />final action taken by Council. <br />4. Notwithstanding any provision of this Declaration to the contrary, this Declaration <br />shall become effective only at such time as DeclaranY s application for rezoning of Property A <br />and B from a residential classification to single family cluster classification is finally approved <br />by the City of North Olmsted. <br />IN WITNESS WHEREOF, the Declarant has executed this Declaration on and effective <br />as the 3/ day of , 1992. <br />SES: <br />SHOREWEST DEVELOPMENT <br />CONSTRUCTION COMPANY <br />By: <br />By: