07-10-1989 Council Packet - Laserfiche WebLink

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ARTICLE III COMMON AREA MAINTENANCE Sec’tlon 1. SuaarwQods Drive. a. The Declarant shall construct a private road on Outlot C, SXJ&Xr woods, pursuant to plans and specifications satisfactory to the City and according to the time table set forth in the ^^ubd^jliSgSJlS.between the Declarant and the City. JThe^ •^amerTn^S^^vati^^^roadjdiallJbe^JJSugarw —i ^ The Association shall maintain Sugarvoods Drive. Road maintenance shall include (without limitation) the following: plowing and removing snow from the road surface; clearing dirt, leaves and debris from the road surface; repairing the road; repairing the curbs; and replacing the road and the curbs. The Association shall maintain Sugarwoods Drive to at least the standard of quality it had upon completion of construction of Sugarwoods Drive by the Declarant pursuant to plans and specifications approved by the City. The Association shall also maintain Sugarwoods Drive to such standards as may be required from time to time by the ordinances of the City .ertaining to private roads. c^ The Association may limit access to Sugarwoods Drive to the Owners, their families, tenants, guests and invitees by appropriate means, including (without limitation) the following: signs, a gate, or a guard house. d. The Declarant hereby dedicates to the City for public use forever a perpetual easement road purposes over that part of Outlot C, SUGAR WOODS which is occupied by Sugarwoods Drive as built by the Declarant. This easement does not imply that the City has any obligation to build or maintain Sugarwoods Drive. e. If the Association fails to maintain, repair or replace Sugarwoods Drive as provided herein, then the City shall have the right (but not the obligation) to maintain, repair and replace Sugarwoods Drive as provided herein. Any such actions by the City shall not convert Sugarwoods Drive into a public road. The Owners of each of the 25 Lots shall pay the City l/25th of the costs incurred by the City in maintaining, repairing and replacing Sugarwoods Drive. The City shall invoice each Lot 0%mer for such costs. Each invoice shall be due within thirty (30) days after receipt by the Lot Owner. If the invoice against a lot is not paid on time, then the City shall have a lien upon such Lot and the City may foreclose such lien as if it were a lien for special assessments for local improvements under Minnesota Statutes. - 4 -