2019-05-22 CC Packet - Laserfiche WebLink

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Further, the City has a continuing interest in enforcing the Maintenance obligations of the Association and the perpetual operation of the Association, in accordance with the terms set forth herein. 19.2 Right to Enforce Covenants. a. In the event the Association or the Declarant fails to fulfill its Maintenance obligations set forth in Section 9.1., above (a "Failure to Maintain"), and such Failure to Maintain shall continue for a period of thirty (30) days (or for such longer period of time as agreed to in writing by the City) after mailing notice to the Association and the Declarant (if applicable) of a Failure to Maintain, then the City shall have the right to enforce such Maintenance obligations, or to enter onto the Property for the purpose of fulfilling the Maintenance obligations identified in the Written Notice. In such event, the City shall have the right to bill the Association for the costs incurred by the City in completing the Maintenance. In the event the Association fails to reimburse the City for such costs after a period of thirty (30) days, the City may assess the costs thereof against the Units on a pro rata basis and/or bring legal action against the Association to collect any sums due to the City hereunder, including reasonable costs and attorney's fees incurred in enforcing its rights pursuant to this Section. The City shall make such an assessment pursuant to legal authority to regulate landowners pursuant to Ordinance of the City of Centerville and Minnesota Statutes Chapter 429, or such law as may revise or supersede same. b. In the event the Association or the Declarant fails to fulfill its financial obligation to pay real property tax, assessments, levies, penalty, interest, or other governmental debts related to real property identified as Common Elements set forth herein (defined as a "Failure to Pay Property Tax"), and such Failure to Pay Property Tax shall continue for a period of thirty (30) days after mailing notice to the Association and the Declarant (if applicable) of a Failure to Pay Property Tax, the Association owes and shall make payments to the City equal to the debt owed, plus reimbursement of the City's costs. In the event any of the Common Elements are subject to tax forfeiture, the Association owes, and shall perpetually pay the City an amount equal to the annual real property tax, assessment, levy, penalty, or interest plus reimbursement of the City's costs as to any parcel identified as Common Element that is subject to tax forfeiture. The amount of this annual debt shall be calculated as if the parcel was owed by the Association. C. The obligations of Section 19 are joint and several obligations of the Owners that shall run with the land of each Unit and the Property even in the event a parcel defined as a Common Element is no longer owned by the Association, the Declarant, or the Owners. Reimbursement of the City's costs under Section 19 include but are not limited to reasonable costs and attorney's fees incurred in enforcing its rights pursuant to this Section. 36 Version for Council 05/22/2019