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10/09/12
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10/09/12
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7/18/2025 11:18:55 AM
Creation date
10/8/2012 8:46:15 AM
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Meetings
Meeting Document Type
Agenda
Document Title
Housing & Redevelopment Authority
Document Date
10/09/2012
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performing owner. The owner of each Benefited Lot must pay any amounts due to the HRA <br />pursuant to this Section 4 to the HRA within thirty (30) days after the owner's receipt of the <br />HRA's invoice. Any amounts not paid within such thirty -day period shall accrue interest from <br />the date thirty (30) days after the owner's receipt of the HRA's invoice until paid at a rate equal <br />to the lesser of twelve percent (12%) per annum or the highest rate allowed by law. <br />4. Utility Services and Installation of Electrical Lines Within the Electrical Line <br />Easement. This Declaration creates the Electrical Line Easement to permit the owner of each <br />Benefited Lot to run their own electrical lines to their Cabinets; however, as of the date of this <br />Declaration, the intention is that <br />. If an owner of a <br />Benefited Lot elects to install electrical lines within the Electrical Line Easement, the owner <br />must first give the owners of each other Benefited Lot over which the owner will be installing <br />electrical lines not less than twenty-one (21) days written notice that the owner intends to <br />perform work within the Electrical Line Easement. An owner performing work within the <br />Electrical Line Easement must perform the work in a good and workmanlike manner, must <br />promptly restore any lawns or landscaping located within the Electrical Line Easement which are <br />disrupted by the owner's work and must indemnify the owners of the other Benefited Lots and <br />hold the owners of the other Benefited Lots harmless from any mechanics liens arising out of or <br />relating to the owner's work within the Electrical Line Easement. <br />5. Covenants and Restrictions Relatine to Construction. Maintenance and <br />Remit- Activities. Before commencing the construction of improvements or replacement <br />improvements on another Party's Benefitted Lot pursuant to a right granted or declared under <br />Section 1 or an obligation imposed under Section 2, 3 or 4, the Party exercising the right or <br />performing the obligation must give the owner or owners of the Benefitted Lot or Benefitted <br />Lots where the construction will occur not less than ten (10) days written notice of the <br />commencement date of the work, the nature of the work to be performed and an estimated <br />completion date for the work. The Party giving the notice must use commercially reasonable <br />efforts to complete the work on or before the completion date stated in the notice. This notice <br />does not apply to a Party's exercise of its right to operate, use, maintain or repair improvements <br />or the performance of its obligation to maintain and repair improvements, that are located on <br />another Party's Benefitted Lot. A Party performing work on another Party's Benefitted Lot must <br />perform such work in a good and workmanlike manner, must comply with all Laws, must use <br />commercially reasonable efforts to any lawns or landscaping damaged as a result of the work <br />(other than lawns and landscaping that are intentionally removed as a part of the work) and <br />must remove all of its equipment, tools, trash and debris from the other Party's Benefitted Lot <br />upon the completion of the work. If the work is in the Electrical Line Easement, the Party must <br />also restore any curbs, gutters or paving damaged as a result of the work. The easements granted <br />in this Agreement do not give the Parties the right to park or store any construction vehicles, <br />equipment or materials within the easements granted herein for periods longer than 12 hours. A <br />Party who is exercising its rights or performing its obligations under this Agreement must us <br />commercially reasonable efforts to perform the work in a manner that does not unreasonable <br />interfere with the operation of the businesses located on the other Parties' Benefitted Lots. If a <br />Party damages improvements located on portions of another Party's Benefitted Lot that are <br />4919301v3 <br />
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