Agenda - Council - 09/09/2014 - Laserfiche WebLink

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4. Damage. In the event the City enters upon the Easement Areas for purposes of maintenance, repair, or replacement activity, its sole and exclusive responsibility shall be to restore soils disturbed in connection with such activity and repair or replace damaged sod. The City shall have no obligation whatsoever to repair or replace any structure within the Easement Areas damaged as a consequence of the municipality's exercise of its right and responsibility to conduct maintenance, repair, and replacement activity if any such structure was located with the Easement Areas in violation of the provisions of this Declaration. Further, in the event the City incurs any identifiable additional expense in connection with tits maintenance, repair, or replacement activities by reason of the fact any landscaping or structures have been placed within the Easement Areas in violation of the provisions of this Declaration, the Owner of any Lot maintained in violation of the provisions of this Declaration shall reimburse the City for the additional expense within thirty (30) days after billing by the City. In addition to any other remedies available under law, the City shall have the right to assess any unpaid amount against the Lot of the nonpaying Owner in the manner of a sewer and water service charge or delinquent water bill. 5. Nonexclusive. Declarant, the Declarant's successors and assigns, shall have the right to use the Easement Areas to the extent that such use is not inconsistent with the provisions of this instrument. 6. Title. Declarant warrants that no other person has an interest in the Property other than Declarant, and that Declarant has good right, title and interest in the real property which is subject to the covenants and restrictions contained herein. 7. Duration. This Declaration shall be effective upon recording, and shall have a perpetual duration. 8. Binding Effect. The Property, and any portion thereof, shall be held, transferred, sold, conveyed, and occupied subject to and together with the covenants and restrictions contained in this Declaration. This Declaration shall be binding upon all parties having any right, title or interest in the Property, and their respective heirs, successors and assigns, and shall ensure to the benefit of each owner of the Lots included within the Property, and shall run with the land. 9. Enforcement. Any controversy or dispute involving the meaning of the language or any term or condition of this Declaration shall be settled by arbitration in accordance with the arbitration rules of the American Arbitration Association by a single arbitrator. The arbitration proceeding shall be held in the Association's office in Minneapolis, Minnesota, or at such other place as agreed by the parties. The City shall be deemed to have standing to initiate, defend, or participate in any arbitration proceeding hereunder. The arbitrator shall have the right to be exercised in the discretion of the arbitrator, to award attorney fees and costs to the opposing party if the arbitrator determines if any party to any dispute or disagreement in connection with this Declaration has acted in bad faith with respect to this Declaration, the dispute, or the arbitration. Judgment upon any award rendered by the arbitrator may be entered in any Court of appropriate jurisdiction. Notwithstanding the foregoing, any person subject to this Declaration, or with any rights hereunder, shall have the right to seek from any Court of competent jurisdiction, equitable or provisional remedies (Such as temporary restraining orders, temporary injunctions, and the like) before or after any arbitration.