Agenda - Council - 07/10/2012 - Laserfiche WebLink

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reasonable attorneys' fees whether or not suit be brought), resulting from injury to or death of persons or real or potential loss, damage, contamination or destruction to property whatsoever arising out of or in any way connected with or incident to the exercise of its rights on the Easement Area, Temporary Storm Water Easement Area, Storm Water Easement Area or the Utility Easement Area, as applicable, by such party. No owner may waive or escape liability provided for in this Declaration by non-use of the Easement Area, Temporary Storm Water Easement Area, Storm Water Easement Area and/or the Utility Easement Area, as applicable, or by the abandonment of their respective property. 6. No Public Dedication. No provision of this Declaration shall be construed or deemed a dedication of any rights to the general public or for any public use whatsoever, it being the intention of the Declarant that this Declaration shall be strictly for the respective benefit of Parcel I and Parcel 2, except as otherwise expressly provided in this Section 6. In the event that the owners of Parcel 1 or Parcel 2, fail to fulfill their respective obligations to maintain utility or drainage infrastructure provided for in this Declaration and/or fail to connect to the municipal storm sewer system as provided in Section 1(b) above and/or fail to connect to the applicable municipal utilities from Riverdale Drive as provided in Section 1(c) above, the City of Ramsey shall have the right to enforce such maintenance and connection obligations upon written notice to the breaching property owner, and if such breach is not promptly remediated by such breaching property owner, the City of Ramsey shall have the right to cause the necessary repair, connection and/or maintenance work to be performed and constructed at the cost of the breaching property owner. 7. Binding Effect. The provisions of this Declaration are intended to run with the land that constitutes Parcel 1 and Parcel 2, for their respective benefit and burden, all as set forth above. 7. Amendment. The provisions of this Declaration may not be amended without the written consent of the City of Ramsey. [Signature Block on Following Page.] 4