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

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4. Damage. In the event any of the Easement Areas require permitted maintenance, repair, or replacement activity the Owners of any such Properties affected shall bear the responsibility of insuring that in the performance of such tasks the affected area is isolated, the rest of the Easement is protected to insure a minimum of impact and any work done is strictly for the purpose of returning the areas to their original natural state as close as is possible. Permitted events are restricted to damage caused by storms, diseases or toxins, noxious weeds and/or as determined by authorized governmental agencies. All costs shall be the responsibility of the affected Property Owners who shall have the exclusive right to determine if said maintenance, repairs and/or replacement are required subject to the legal requirements of any authorized governmental agencies. The legal intent of this Easement is to first require the Property Owners to protect the tree preservation areas as stated herein, second to authorize the Property Owners to determine within the stated guidelines if any work will be performed at their own cost within these protected areas and third to require the Property Owners to return the areas to their pre -damaged state as close as is possible. The Property Owners shall adhere to any legal governmental agency requirements and/or insurance agency requirements and shall be responsible for notifying said agencies of any hazardous or un-safe conditions. Work performed and/or required to be performed shall meet all applicable codes and accepted industry practices and shall be performed in a timely manner, solely at the cost of the Property Owners. Remedies for work required but not performed are defined as any remedies available under law and/or the Homeowners Association ("HOA") or the City of Ramsey has the right to access the Easements to perform any required work and invoice the cost to the Property Owners; if the invoice is not paid within 30 days the HOA or the City of Ramsey shall have the right to assess any unpaid amount against the property of the nonpaying Owner in the manner of delinquent association dues in the case of the HOA and in the manner of delinquent utility services in the case of the City of Ramsey. 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.