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, SEP, 13. 2aa6 > > .40AM Mail EDINA REALTY TITLE CLAIMS N0. 2964 P. 36/59 <br /> by Gronbezg&Associates and appraved by City. <br /> S�on 2. Maint,�nance. �'or purposes of t]�is Declazation,no�ai.ntenance of the Pond and <br /> the fiain Garden shall zxiean maintenarzce as reasonably requested by City in writing, . <br /> Section 3. Maint�nar�ce b F�omeow�ers Associ.atioa, The Homeowners Association <br /> shall be solely responsible�or the m�intenance of the Pond and the Rai�Garden,and shali bear <br /> a11 costs of such maintenar�ce,If fhe Homeovvners Association does not undertakke maintanance <br /> wit�tin 3Q days of notificatioz�by City, City may undertat�e such�a�ten��e, but the costs <br /> reaso�bly incuxred by City for perfomai�g such ma,intenan�e shall be xeimbursed to City by the <br /> I�omeovv�ers Association. <br /> Secdon 4. A1�o ation. All eosts which City may incur in pe�rf'ormi.ng Its�a�tena�ce <br /> responsibility under this Agreement shall bE reimbursad fio City by the Homeowners <br /> Assaciation. <br /> Section 5. Citv 11�ay A,ssess. On each occasion tbat City is rec�ui.red to�erform t�e <br /> maintenance,if City is not reimbursed within thirty{30)days by the Tiomeowners Associa�ton, <br /> City may]e�cry a special assessmern against atl�,ots, The assessment shail be sprea,d over a � <br /> reasonable period to be dete�nined by City,but no Iess than five(5)years,toge�her v�rith <br /> interest on the�paid bala�ce az a reasonable rate ta be determined by City,but not to exceed <br /> two(2)perc�ntage points above the prime lenc�ing rate as published from time to time bq the <br /> Wa1I Street Journal. The curre�t ov►�ers of the R.eal Property wa�ve all proc�duraX and <br /> substantive objectiorts to thC publ�c improvements and speciai.assessments including but not <br /> lixn�ited to hearing and no�ice requi�rements and claiins tlt�t fhe am,ount of the assessz�nent <br /> exceeds the benefit to the pro�erty, T1ae rigktt to appeal the assessments pursuant to Minn. Stat, <br /> § 429.p81 is aiso waived. <br /> 4 <br />