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

Home

damages, injunctive relief and specific performance. In any such action, the prevailing party t shall he entitled to recover its reasonable attorney fees and costs. If are Owner responsible -for maintenance, repairs and replacements under Section .A ii or Section ,C ii of this Article III defaults in the performance of its obligation to maintain, repair or replace pursuant to Sections ,A ii or Section 2. ii of this Article III, another Owner gives the defaulting Owne r a notice of default as contemplated in this Section 8 and the defaulting owner fails or refused to cure its default within the thirty day period provided for in this Section 7, the Owner who provided the notice of default may perform the obligations of the defaulting Owner or may engage a third party to perform the obligations of the defaulting Owner and shall he entitled to recover its costs of performance from other Owners in accordance with the terms of this Declaration. If an Owner fails or refuses to pay amounts due under Section B of this Article III when and as clue and fails or refuses to cure its default 'ithin the thirty day period provided for in this Section 8, the Owner entitled to payment under Section shall have and is entitle to foreclose a lien against the defaultingOwner's Lot; provided, however, the lien may only be foreclosed by action and in the same manner as the foreclosure of a mortgage by action, under Minnesota Statutes Chapter 5 8 1. . Amendments. Except as provided in this Section 9, neither this Declaration nor the easements granted and declared herein may be amended, modified or terminated except by recording in the appropriate County land records of Anoka County, Minnesota a written agreement that all of the owtiers of all of the Lots have executed. The Owners ofall of the Lots that the west Access Easement either benefits or burdens may, without notice to or the consent of the Owners ofother Lots, modify r amend the legal description of the West Access Easement by recording in the appropriate County land records of Anoka County, Minnesota a. written modification agreement or amendment that all of the Owners of the Lots benefitted or burdened Lots have executed. Are Owner of a Lot that the Storm Sewer Easement burdens may, without notice to or the consent of the Owners of other Lots, relocate the Storm Sewer Improvements located on that Owner's Lot and unilaterally amend this Declaration to relocate the boundaries of the portion of the Storm Sewer Easement located on the Owner's Lot provided: 1 the Owner does so at its sole cost and expense; the design standards and actual performance of the relocated Storm Sewer Improvements in terms of both capacity, rate of flow and storin water treatment rneets or exceeds the design standards and actual performance of the Storm Sewer Improvements being relocated; the relocation does not result materially interrupt or interfere with. other Owners use of the Storm Sever Improvements; and 4 the Owner who is relocating the Storm Sewer Improvements on its Lot records a unilateral amendment to this Declaration relocating the Stormy Sewer Easement to correspond to the location ofthe relocated Storm Sewer Improvements. 10. Addition of l orth tar Property, The HI A may, without the consent of any other Owner but with the written consent of I orthstar and any lender which has a recorded mortgage against the I orthstar Property, execute and record one or more amendments to this Declaration (the `{Amendment") to extend the benefits of the East Access Easement for the benefit of Outlot B and Outlot C to the I orthst r Property; Such Amendment will also re- allocate the East Access Easement Maintenance Costs to the owners of Lot 1 and the Northstar Property based on the leasable area of the buildings on Lot 1 and the l orthst r Property as combined with Outlot B and outlot Q as improved from time to time. Upon execution and recording of such Amendment, Northst r will become an "owner' under the Declaration and as 487344507