08-23-1999 Council Packet - Laserfiche WebLink

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15.7 16.1 16.2 16.3 16.4 16.5 16.6 Enforcement bv Owners. The provisions of this Section shall not limit or impair the independent rights of other Owners to enforce the provisions of the Governing Documents, the Rules and Regulations, and the Act as provided therein. SECTION 16 RIGHTS GRANTED TO THE CITY OF ORONO Purpose. The City of Orono has executed various agreements with and secured certain covenants from the Declarant and has a continuing interest in the performance of those agreements and covenants. Further, the City of Orono is concerned that all conditions requested by the City of Orono are complied with and that the Property is developed and maintained in accordance with the plan contemplated by this Declaration. Release of Liability. The Declarant, for itself, its successors and assigns and, by accepting a conveyance of a Unit, any Owner, for himself, his family and invitees, release and shall hold harmless the City of Orono (including its elected and appointed officials, employees, servants and agents) from all liability for enforcement or for nonenforcement of this Declaration, and further expressly acknowledge that the City of Orono is not obligated to perform or to enforce performance by the Declarant, the Association or others of any obligations contained in this Declaration. Specific Rights Enforceable bv the City of Orono. The City of Orono, at its option and in its sole discretion, may enforce for the benefit of itself the specific provisions of Sections 7, 8, 9 and 13 of this Declaration. Acquisition of Private Drive. In the event the City of Orono shall determine it to be in the public interest to utilize the Private Drive as a public street, the Association shall, after notice in accordance with applicable provisions of the City of Orono Municipal Code and laws of the State of Minnesota, convey its interest in ±e Private Drive to the City of Orono for no additional consideration therefore. Notice and Procedure. In the event the Declarant and/or the Association fail to perform any obligation referred to in Section 16.3, the City of Orono, after 10 days' written notice to the Declarant and/or the President or Secretary of the Association, perform such obligations (directly or with contract personnel or by personnel of the City of Orono). The Declarant, Association and all Owners hereby waive all notice requirements except as here’mabove provided and further waive all procedural and other objections to action taken by the City of Orono. Payment for Citv Maintenance. The Association, Declarant and Owners shall reimburse the City of Orono or its designee, on demand, for the costs of any Declarant, Association or Owner obligations undertaken by the City of Orono or its