08-13-2003 Council Agenda - Laserfiche WebLink

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Access Road and Utility Lines, any such dispute shall be resolved by arbitration in accordance with the constniction industry rules of the American Arbitration Association, and the parties agree to be bound by any such arbitration and that judgment may be entered in any court of competent jurisdiction based upon the award in such arbitration. 4.3 Maintenance and Repair of Access Road and Utility Lines; Payment of Costs. Painters shall maintain, repair and replace, if necessary, the Access Road and Utility Lines in good condition and repair, and shall keep the Access Road reasonably free of debris, snow and ice. Within ten (10) days after receipt by Heritage, from time to time, of invoices from Painters, Heritage shall pay to Painters two - thirds (2/3) of the out -of- pocket costs of such maintenance, repair replacement and removal of debris, snow and ice, together with an administrative fee to cover the costs of keeping books and contracting therefore in the amount of five percent (5 %) of such out -of- pocket costs ( "Maintenance Costs "). Painters shall provide copies of invoices, paid receipts and other evidence reasonably satisfactory to Heritage of the amount of such Maintenance Costs. In the event such share of the Maintenance Costs is not paid by Heritage to Painters within such time, Heritage shall be responsible for interest thereon until paid at a rate equal to two percentage points above the "prime rate" of interest from time to time published in the Wall Street Journal (or if the Wall Street Journal is no longer published or no longer publishes such "prime rate ", such other publication as shall be indicative of the United States money center prime rate of interest charged to corporate customers of high credit standing). In the event of a dispute as to the proper performance of such maintenance, repair or replacement or such removal of debris, snow and ice, or the costs thereof, any such dispute shall be resolved by arbitration in accordance with the rules of the American Arbitration Association, and the parties agree to be bound by any such arbitration and that judgment may be entered in any court of competent jurisdiction based upon the award in such arbitration. Notwithstanding the foregoing, each Owner or Occupant, at its sole expense, shall be responsible for the repair of any damage to the Access Road or the Utility Lines resulting from the negligence or wrongful and willful act of any Owner or Occupant or the failure of any Owner or Occupant to utilize the Access Road or Utility Lines in accordance with design standards. 4.4 Compliance with Public Requirements. Each Owner and Occupant of each Lot shall use the Access Road and Utility Lines in compliance with all applicable laws, codes and ordinances and in compliance with all lawful requirements of any Zoning Authority. ARTICLE V GENERAL PROVISIONS 5.1 Enforcement. The Owners, or any one or more of them, shall have the right to enforce by any proceeding, at law or in equity, all covenants, conditions and restrictions imposed by the provisions of this Agreement. Failure by any Owners to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. In any action to enforce the provisions of this Agreement, the prevailing party shall be entitled to its costs, disbursements and reasonable attorney's fees. 4 -17-