2003-08-13 CC Packet - Laserfiche WebLink

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6.4. Payment for City Mafntenance. The Owners shall reimburse the City or its designee, on demand, for the costs of any Owner obligations undertaken by "the City or its designee pursuant to this article. Such costs, including but not limited to reasonable attorneys' fees and costs and expenses incurred in connection with collection, shall be an obligation of each Owner enfoI'CClble in any wayavallable to the City under law. 6.5: City's Right to Assess. The City may, in any assessment year, levy against a Lot an assessment of its share of all costs and expenses incurred by the City or its designee pursuant to this article. The assessment shall be enforceable by the City in the same manner as a special assessment under Minnesota state law. 6.6. Exclusive Ri2hts. The rights granted by this article are exclusive to the City and may be exercised only by the City, in its sole discretion. No other person or entity, including the Developer or Owners, whether or not a resident of the City, shall be entitled to request or require the City to act pursuant to this article. The rights of the City granted under this article cannot be rescinded, canceled or amended by the Declarant or the Owners without the written consent of the City. 7. Ac:lminisd"ative Provisions 7.1. Duration. This Declaration and the Covenants contained herein shall run with and bind the land and shall inure to the benefit of and be enforceable by the Developer, or any Owner, "subject to this Declaration or their respective legal representatives, heirs, successors and assigns. The covenants herein set forth shall have a term of thirty (30) years from the date this Declaration is recorded, after which time said covenants and restrictions shall be automatically renewed for successive periods of ten (10) years. The easements contained herein shall be perpetual. 7:J.. Severability. Invalidation of anyone or more of the provisions herein by judgment or C()W1. Wder shall not affect any of the Other provisions, which shall_ r~ in full force and effect until the date of expiration. 7.3. Mode of Enforcement. The Declarant and any Owner may enforce the provisions of this instrument by pr~ings at law to recover damages or by p~inl?l in equity to restrain any violation. 7.4. Amendment: Termination. Except as specifically otherwise provided herein, this Declaration may be amended or terminated only by an instrument signed by not less thaD. seventy-five percent (75 %) of Owners, and the Developer, so long as it owns any property in Hunters Crossing -rd Addition. Any amendment or termination must be properly recorded. 7.5. CaptiODS. The title of this instrument and the captions of the articles and sections of this instrument are for convenience of reference only. 7.6. Variances. The restrictions applicable to Lots as specified in this Declaration are intended for the benefit of all Property Owners. The Declarant, however, acknowledges the exceptional conditions of a particular Lot may create peculiar and practical difficulties mitigating against the strict enforcement of a provision contained in this Declaration. In the event an Owner believes that such exceptional conditions on a Lot create a hardship or special situation, an Application for Variance may be made by an Owner to the Architectural Review Committee. An Application of Variance shall state on the Application the reasons for allowing the variance, including: -12-