Laserfiche WebLink
Lot(s)for which payment has not been made and shall constitute a lien <br /> against said Lot(s)which shall be filed by the City in accordance with <br /> applicable provisions of the City Code and the City is entitled to recover <br /> reasonable attorneys' fees and costs for collection thereof. <br /> 5.4) In the event actions of an Owner results in damage to the Road,then such <br /> actions shall be deemed a breach of this Declaration, and in addition to all <br /> other remedies available at law or in equity, including the remedies <br /> provided in Section 5.2 above,the HOA shall restore the Road to its prior <br /> condition(in the case of damage to the Road). The costs paid for such <br /> restoration, including interest at a rate of five percent(5%)per annum and <br /> all costs and expenses including reasonable attorneys' fees and costs shall <br /> be assessed against the defaulting Owner in favor of the HOA and shall <br /> constitute a lien against the Lot of the defaulting Owner until paid, <br /> effective upon the recording of a notice of lien with respect thereto in the <br /> official real estate records of Hennepin County, Minnesota; provided, <br /> however,that any such lien pursuant to this Section 5.4 shall be subject <br /> and subordinate to (i) liens for taxes and other public charges which by <br /> applicable law are expressly made superior; and(ii) all liens recorded in <br /> the official real estate records of Hennepin County, Minnesota prior to the <br /> date of recordation of said notice of lien. Upon the timely curing by the <br /> defaulting Owner of any default for which a notice of lien was recorded, <br /> the party recording the same shall record an appropriate release of such <br /> notice of lien with the official real estate records of Hennepin County, <br /> Minnesota to release said lien. All non-defaulting Owners, or any of <br /> them, and the HOA shall have the right and power to enforce this <br /> Declaration as provided herein. Nothing contained in this Section 5.4 is <br /> intended to alleviate any reimbursement obligations of the Owners to the <br /> City in accordance with Section 5.3 above. <br /> 6. Voting. In all instances where the Owners have the right to vote on matters <br /> concerning the Road and this Declaration,then the Owners shall be entitled to one <br /> (1)vote per Lot, with a majority vote controlling all such matters. If there is a <br /> deadlock(3-3 vote) with respect to any matter concerning the Road or this <br /> Declaration,then any of the Owners may petition the City Council to break the <br /> deadlock in which case a majority decision of the City Council shall control. <br /> 7. Binding Effect. This Declaration shall run with the Property and shall be binding <br /> on and inure to the benefit of the Owners,their heirs, representatives, successors <br /> and assigns. <br /> 8. No Amendment. This Declaration may be modified or amended only upon the <br /> recording of a document in the official real estate records of Hennepin County, <br /> Minnesota, setting forth such amendment and fully executed by all of the Owners, <br /> 218302v1 <br />