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Bracketts Point Road
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1400 Bracketts Point Road - 11-117-23-32-0025
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18-3998, VAC
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Last modified
3/19/2026 12:58:31 PM
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15. Delegation of Authority. The Owriers, from time to time, may delegate to one or <br />more of the Owners the power to arrange for the maintenance, repair and replacement of the <br />Private Road and the other improvements on the Common Area and to collect and properly <br />dI <br />sburse Lot Assessments paid by the Owners. <br />1 b. Duration. The covenants, conditions, restrictions and easements in this <br />Declaration shall run with and bind the Property and shall inure to the benefit of and be <br />enforceable by and against the Owner of each Lot, and their respective legal representatives, <br />heirs, successors and assigns. The easements created'pursuant to this Declaration shall be <br />perpetual. Any provision of this Declaration expressly benefiting the City, the County, or any <br />other governmental or quasi -governmental entity, shall be perpetual unless and until waived in <br />writing by that entity. All other covenants, conditions, restrictions and reservations created by <br />this Declaration shall continue for a term of thirty (30) years from the date of this Declaration, <br />after which time the same shall expire except to the extent preserved in a duly recorded <br />instrument, signed by all of the Owners, agreeing to extend the duration of all or any part of this <br />Declaration. ' <br />17. Enforcement. Each Owner shall have the right to enforce, by any proceeding at <br />law or in equity, all easements, covenants, conditions, restrictions and charges now or hereafter <br />imposed by the provisions of this Declaration, including the collection of any Owner's pro rats <br />share of Common Expense. The City, the County, and any other governmental or quasi - <br />governmental entity, shall have the right to enforce by any proceeding at law or in equity all <br />easements, covenants, conditions and restrictions created by this Declaration expressly for the <br />benefit of such entity. In view of the purposes of this Declaration and the unique characteristics <br />of the Property, it is acknowledged that money damages to any Owner or any other entity in the <br />event of a violation of any of the terms hereof would be an inadequate remedy, due to the <br />irreparable and immeasurable harm done thereby., Accordingly, each Owner and any other entity <br />shall have the right, in addition to any other remedies available at law or in equity, to apply for <br />and receive from any court of competent jurisdiction in the State of Minnesota, equitable relief <br />by way of restraining order, prohibitory or mandatory injunction, or other relief, to prevent and <br />enjoin a breach of the terms of this Declaration, or by way of specific performance to enforce <br />performance of the terms of this Declaration. The prevailing party shall be entitled to recover <br />from the non -prevailing party reimbursement for all costs and expenses of litigation, including <br />reasonable attorney's fees, witness fees, service of process fees, deposition costs, expert witness <br />fees, and any other costs incurred in securing such relief. <br />18. Severability. Invalidation of any provision hereof by judgment or court order <br />shall not affect any of the other provisions, which shall remain in full force and effect. <br />19. Amendment, This Declaration may be amended only by an instrument signed by <br />all of the Owners and any other governmental or quasi -governmental entity required under <br />Section 16 above. <br />lU0$833v5 5 <br />
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