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10-10-2016 Council Packet
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10-10-2016 Council Packet
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and/or increase in insurance rates, resulting from the owner's acts or omissions may be <br />assessed against the Owner responsible for the condition and against his or her Lot. <br />11.7 Enforcement by Owners. The provisions of this Section shall not limit or impair the <br />independent rights of other Owners to enforce the provisions of the Governing <br />Documents, and the Rules and Regulations as provided therein. Each Owner (including <br />Declarant so long as Declarant is the Owner of at least one of the Lots) and the <br />Associations hall have the right to enforce, by any proceeding at law or in equity, all <br />easements, covenants, conditions, restrictions and charges now or hereafter imposed by <br />the provisions of this Declaration, including the collection of any Owner's pro rata share <br />of Common Expenses. 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 <br />all easements, covenants, conditions and restrictions created by this Declaration expressly <br />for the benefit of such entity. In view of the purposes of this Declaration and the unique <br />characteristics of the Property, it is acknowledged that money damages to the <br />Association, any Owner or any other entity in the event of a violation of any of the terms <br />hereof would be an inadequate remedy due to the irreparable and immeasurable harm <br />done thereby. Accordingly, the Association, each Owner (including Declarant, so long as <br />Declarant is the Owner of at least one of the Lots) and any other entity shall have the <br />right, in addition to any other remedies available at law or in equity, to apply for and <br />receive from any court of competent jurisdiction in the State of Minnesota, equitable <br />relief by way of restraining order, prohibitory or mandatory injunction, or other relief, to <br />prevent and enjoin a breach of the terms of this Declaration, or by way of specific <br />performance to enforce performance of the terms of this Declaration. If successful, the <br />party seeking enforcement of the terms hereof shall be entitled to recover from the party <br />violating the terms of this Declaration reimbursement for all costs and expenses of <br />litigation, including reasonable attorney's fees, witness fees, service of process fees, <br />deposition costs, expert witness fees, and any other costs incurred in securing such relief. <br />SECTION 12 <br />SPECIAL DECLARANT RIGHTS <br />Declarant hereby reserves exclusive and unconditional authority to exercise the following <br />special declarant right for as long as it owns a Lot, or for such shorter period as may be <br />specifically indicated: <br />12.1 Complete Improvements. To complete all the Lots and other improvements indicated <br />on the Plat, or otherwise included in Declarant's development plans or allowed by the <br />Declaration, and to make alterations in the Lots and Common Area to accommodate the <br />exercise of any special declarant rights. <br />12.2 Signs. To erect and maintain signs and other sales displays offering the Lots for We, in <br />or on any Lot owned by Declarant and on the Common Area. <br />12.3 Easements. To have and use easements, for itself, its employees, contractors, <br />representatives, agents and prospective purchasers through and over the Common Area <br />and the yard areas of the Lots for the purpose of exercising its special declarant rights. <br />Ib <br />isss27Yi <br />
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