04-25-2005 Council Packet - Laserfiche WebLink

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"his**, "he" and "him" are for literary purposes and mean whenever applicable the plural male and female fonns. 22.05 Not Subject to Ordinance. This CIC is not a conversion of existing buildings to a CIC within the meaning of Minnesota Statutes Section 51 SB. 1 -106(cX and is therefore not subject to any ordinance of the type authorized or permitted 1^ said statute. 22.06 Declaranfs Rights and Obligations. The Declarant shall enjoy the same rights and shall be deemed to have assumed the same duties with respect to its unsold Units in the CIC as any other owner, except as modilGed or extended by the alternate assessment program and the special declarant rights described in this Declaration. 22.07 Ritdit to Cure. In the event that any owner violates any covenant or fails to perform any condition contained in this declaration, the Association mt^ perform the act, remove the defect or ctmect the violation upon thirty (30) days writtm notice to the owner. If the Association so acts on bdialf of an owner, die Association may levy an assesmient i^ainst the owner’s Unit for the cost of the perfomumce or correction as a Maintenance Assessment as jmvided in Section 10.04. 22.08 Public Anencv RMements. The City is hereby declared to have the right and easement to enter the Common Elements for public safety purposes. 22.09 Clean and Neat Apfiearance of Qrounds. The City is not req[>onsibie for any mowing, landscape maintenance or cleaning of the Common Elements. The Association is obligated by this Declaration to maintain the same at all times in a clean and neat condition at its expense. 22.10 City May Amcm for Curative Work. If the Association fails to perform any of the maintenance referred to in Section 22.09 above, or to keep the access and utilities reasonably open and fimctioning, the City may enter die Real Estate a^ perform curative work (but is urider absolutely no obligadrm to do so), in which case the City may assess the Units within this CIC for the cost thereof. 22.11 Uiuesolved Disputes. In the event of an unresolved dispute between the Unit owners, or a qilit decision Ity the Association or Directors, and such dispute shall not be resolved within thirty (30) (fatys, then the matter shall be submitted to binding and final arbitration under the provisions of Minnesota Statutes Cluqiter 572, by application to Hennepin County District Court, which shall appoint a neutral arbitrator. Such frtitiation shall be conducted in accordance with the rules and procedures of the American Arbitration Association. IN WITNESS WHEREOF, Declarant has caused this Declaration to be executed as of the day and year recited on the first page hoeof. A. ...