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Agenda - Council - 04/23/2002
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Agenda - Council - 04/23/2002
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Meetings
Meeting Document Type
Agenda
Meeting Type
Council
Document Date
04/23/2002
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-146- <br /> <br />and that the Property is developed and maintained in accordance with the plan <br />comtemplated by this Declaration. <br /> <br />Release of Liabiliw: The Declarant, for itself, its successors and assigns and, by <br />accepting a conveyance of a Unit, and Owner, for the Owner, the Owner's family <br />and guests, release and shall hold harmless the City of Ramsey (including its elected <br />and appointed officials, employees, servants and agents) from all liability for <br />enforcement or for nonenforcement of this Declaration, and further expressly <br />acknowledge that the City of Ramsey is not obligated to perform or to enforce <br />performance by the Declarant, the Association or others of any obligations <br />contained in this Declaration. <br /> <br />Specific Rights Enforceable by the City of Ramsey: The City of Ramsey, at its <br />option and in its sole discretion, may enforce for the benefit of itself the specific <br />provisions of Section 7, 8, 9 and 14 of this Declaration. <br /> <br />Right to Access: In addition to the right of enforcement stated in this Section, the <br />City of Ramsey shall have the right of access over the other Common Elements for <br />purpose of law enforcement and fire protection and for repair and maintenance of <br />public utilities. <br /> <br />Exclusive Rights and Right to Access: The rights granted by this Section are <br />exclusive to the City of Ramsey and may be exercised only by the City, in its sole <br />discretion. No other person or entity, including the Association, the Declarant or <br />Unit Owners, whether or .not a resident of Rarnsey, shall be entitled to request or <br />require the City to act pursuant to this Section. The right of the City of Ramsey <br />under this Section cannot be rescinded, canceled or amended by the Declarant or <br />the Unit Owners without the written consent of the City. In the event the <br />Associat[on fails to maintain the common areas or other properties for which it is <br />responsible in accordance with the applicable Rules and Regulations, and said <br />expenses are not immediately reimbursed by the Association, then the City of <br />Ramsey shall, have the right to assess each property that is subject to the <br />Declarations its prorata share of said expenses. Said assessments together with <br />interest thereon and costs of collection shall be a lien on each property against <br />which each such assessment is made. <br /> <br />(c) the Articles of Incorporation including the following language: <br /> <br />The Association may be dissolved with the assent given in writing and signed by <br />not less than the Unit Owners holding ninety-five (95%0 of the votes of the <br />Association, ninety-five percent (95%) of the first mortgages of the Units (each <br />mortgagee having one vote for each Unit financed), and the City of Ramsey. <br /> <br />Upon dissolution of the Association, after payment of all debts and obligations of <br />the Association, all remaining corporate assets shall be distributed in accordance <br />with the provisions of the Act. <br /> <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br /> <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br /> <br /> <br />
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