6C(3) Resolution No. 2859 - Laserfiche WebLink

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Declarant may (but is under no duty or obligation to): (i) enter in or upon any portion of the Owner's Parcel(s), or the buildings and other Surface Improvements located on the Parcel(s), and cure the non - compliance; or (ii) enjoin the non - compliance through an action at law or in equity. Any Owner that fails to comply with any Owner Covenant shall: (i) promptly reimburse Declarant for all expenses that Declarant incurs in connection with curing the non - compliance; and (ii) be liable to Declarant for all costs that Declarant incurs in connection with enjoining such non - compliance (including, without limitation, attorneys' fees and legal costs). Absent manifest error, determination by Declarant that an Owner has failed to comply with any Owner Covenant shall be conclusive. (o) Amounts Payable to Declarant. (i) All amounts payable by an Owner to Declarant pursuant to this Section, (including, without limitation, its share of the Common Utility Expenses, the Common Irrigation Expense, the Common Drainage Expenses and the Relocation Expenses) (the "Contribution Payment(s) ") shall be deemed to be delinquent if the full amount thereof is not paid within 30 days after receipt by the Owner of an invoice for the amount payable. All delinquent Contribution Payments: (A) shall bear interest at four (4 %) percent above the rate of interest that is designated by J.P. Morgan Chase as its prime rate (as revised or modified from time to time during the period when a Contribution Payment is delinquent); and (B) together with the interest thereon, shall be a lien against the Owner's Parcel (the "Non- Payment Lien "); provided that the Non - Payment Lien shall be subordinate to: (A) any mortgage lien that is: (1) held by a mortgagee that is not an affiliate of the Owner; and (2) placed of record prior to the date on which the Contribution Payment becomes delinquent (the "Prior Mortgage "); and (B) any leasehold interest that is: (1) held by a Tenant that is not an affiliate of the Owner; and (2) placed of record prior to the date on which the Contribution Payment becomes delinquent (the "Prior Lease "). Notwithstanding any covenant, condition, term, or provision of this Declaration to the contrary: (A) this Declaration shall not impose any obligation or liability on any mortgagee or Tenant to make Contribution Payments until the mortgagee's or Tenant's interest in a Parcel ripens into fee simple ownership; and (B) a mortgagee or Tenant shall be liable for, and obligated to pay, only the Contribution Payments that are allocable to a Parcel after the date on which the mortgagee's or Tenant's interest in the Parcel ripens into fee simple ownership or, in the case of a mortgagee, after the date on which the mortgagee assumes possession of the Parcel, whichever first occurs. (ii) Declarant may collect any delinquent Contribution Payment and the accrued interest thereon by any action at law or in equity, and, in addition, may foreclose the Non - Payment Lien. Any Owner that fails to pay a Contribution Payment before the payment becomes delinquent shall be liable to Declarant for all costs that Declarant incurs in connection with collecting the Contribution Payment and the accrued interest thereon, and with foreclosing the Non - Payment Lien (including, without limitation, attorneys' fees and legal costs). Until the date on which the Owner pays to Declarant the delinquent Contribution Payment, Declarant, in addition to its other remedies, may withhold from, or deny to, the Owner and all Tenants of, and Visitors to the Owner's Parcel(s), use of the Common Access Ways, the Utility Systems, the Drainage System, the Irrigation System, and the Signs; provided that such use may not be withheld from, or denied to, Tenants having a Prior Lease or Visitors of such Tenants. Upon the request of any Owner or the mortgagee of a Parcel, Declarant shall furnish any Owner or the mortgagee with information regarding any delinquent Contribution Payment, the accrued -18-