Agenda - Council - 09/26/2023 - Laserfiche WebLink

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. Compliance with Laws. The Owners must at all times use the Lots in compliance with all statutes, laws, rules, regulations and ordinances as may exist from time to time and that they shall not, at any time use, store, dispose of or release on any Lot or cause or permit to exist to be used, stored, disposed of or released on any Lot any substance which is defined as a "hazardous substance", `hazardous material", "toxic substances" or "solid waste"' in violation of any federal, state or local law, statute or ordinance. . Restriction. No improvements, building, fence, wall or other structure may be built or maintained on the portion of Outlot B that is legally described and depicted on the attached Exhibit D (for the purposes of this Section 6 the "Restricted Property"). The Restricted Property may he used for surface uses such as a parking lots, patios, hardscaping and landscaping. The owner of the Restricted Property may construct one sign within the Restricted Property. In addition to compliance with all provisions of the City of am ey's Code of Ordinances that apply to any such sign, the design of any sign constructed on the Restricted Property must be harmonious with any signs located on Lot 1, Lot 2 and Lot 3 at the time of construction of a sign on Outlot B. The Owner of Lot 1 may not create any additional curb cuts along the w6stem edge of the East Access Basement Property labeled as "Restricted Access" as shorn on Exhibit B. . Emergencv Self Help. Notwithstanding the allocations of responsibility for maintenance, repair and replacement set forth in Sections ..A ii , .B ii or :C ii of this Article III, the Owner of a Lot benefitted by an Basement may make emergency repairs to or plow and remove debris from the portions of the West Roadway Improvements or the East Roadway Improvements that provide access to the Owners' Lot and may make emergency repairs to Shared Storm Sever Improvements serving the hers' Lot or the improvements located on the Owners' Lot, if and to the extent necessary to maintain commercially reasonable access a d utility service to the Owners' Lot. An Owner performing such emergency repairs, plowing or debris removal must use commercially reasonable efforts to notify, in writing or otherwise, the Owner otherwise responsible under this Declaration for such repairs, plowing or debris removal of the performing Owners' actions as promptly as possible. An Owner who exorcises its rights under this Section 7 without giving the thirty day notice and opportunity to cure described in Section 8 is not entitled to recover and does not have a. lien for its costs it incurs to in undertaking the emergency repairs, snow removal or debris removal pursuant to th,e self-help provisions of Section 8 but may,, notwithstanding its failure to give the thirty 3 day advance written notice ofdefault as contemplated in Section 8, commence an action in Anoka County District Court against the party responsible under this Declaration for the performance ofthe repairs and in such action pursue any and all remedies available at law or in equity including, but not, limited to the cornencernent of one or more actions seeking monetary damages, injunctive relief and specific performance. In any such action, the prevailing party shall be entitled to recover its reasonable attorney fees and costs. . Default. If Owner defaults in the performance of one or more of its obligations under this Declaration or in the observance of one or more ofthe restrictions set forth in this DeclaTat.ion and such default continues for thirty days after another Owner delivers a written notice of default to the defaulting Owner, the non -defaulting Owner may commence an action in Anoka Coati District Court to pursue any and all remedies available at law or in equity including, but not limited to the commencement of one or more actions seeking monetary I 487344507