07-10-1989 Council Packet - Laserfiche WebLink

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If the Association fails to maintain, repair and replace the private utilities described subparagraphs (e), (f) and (g), then the City shall have the right (but not the obligation) to maintain, repair and replace such private utilities. Any such actions by the City shall not convert the private utilities into public utilities. 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 the private utilities. The City shall invoice each Lot Owner for such costs. Each invoice shall be due within thirty (30) days after receipt by the Lot Owner. If the invoice against such 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. Section j. Private Woodland Preserve. The Association shall maintain the woodlands in the Private Woodland Preserve. Woodland maintenance may include (without limitation) the following: trimming and pruning of trees and bushes; removal of dead, diseased and hazardous trees and bushes; removal of brush, undergrowth, leaves and debris; planting of trees, bushes and other vegetation; watering vegetation; treating diseased vegetation; installation of landscaping structures; and control of erosion. The need for and timing of maintenance of the Private Woodland Preserve shall be in the sole discretion of the Board of Directors of the Association, subject to governmental regulations concerning weed control, diseased trees and similar matters. Within the Private Woodland Preserve, there shall be no grading without the written consent of the City and no tree two inches (2") or more in diameter at four feet (4*) above ground shall be removed without the written consent of the City unless such tree is dead, diseased or hazardous to an adjoining Lot or to traffic on Sugairwoods Drive. ^See Article IX, Section 14 for maintenance of the woodlands in the Building Setback Area. Section 4. Entrance Monuments. The Declarant shall erect two entrance monuments on Outlot A, SUGAR WOODS — one on either side of the intersection ofoSuoarwoods Drive and Brown Road Nort/i. The Association shall operate and maintain the entrance monuments. Operation and maintenance shall include (without limitation) the following: lighting, painting, repairing and replacing the monu ments and watering plants surrounding the monuments. Each entrance monument and changes thereto shall comply with municipals ordinances. Section 5. Private Pedestrian Trail. The Declarant shall install a pedestrian trail of crushed rock within Outlota|l^andJE^ SUGAR WOODS. The trail shall be for the private use and en3oyment of the Owners and their respective family members, tenants, guests and invitees. The Association shall maintain the trail. Trail maintenance shall include (without limitation) the following: clearing the surface of debris; repairing the trail surface and the - 6 -