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2003-016-PEDCR
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2003-016-PEDCR
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Last modified
8/18/2006 4:35:31 PM
Creation date
5/19/2004 11:14:21 AM
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CITY CLERK
Doc Name
2004
Doc Type
Resolution
CITY CLERK - Date
12/17/2003
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<br /> <br /> <br />Board of Directors of the Association or the arbitrator fails to act, the complaint will <br />be considered denied. The initial retainer cost of arbitration shall be shared equally <br />by all parties, but all costs of arbitration, including the initial retainer, shall be borne <br />by the losing party thereto. The decision of the arbitrator shall be final. <br /> <br />Section 3. Complaints by the Association. If the Association believes any Owner is <br />in violation of these Restrictive Covenants, it shall so notify such Owner in writing, <br />explaining its reason for such complaint. If the Owner fails to remedy the alleged <br />violation within ten (10) days following delivery of such notice, then the Association <br />shall have the right to (1) institute appropriate legal action or (2) submit the dispute <br />to arbitration, such arbitration to be held in accordance with the rules of the <br />American Arbitration Association by the action of a majority of the arbitrators <br />chosen as follows: (a) the Owner and the Association shall each choose an <br />arbitrator and a third arbitrator shall be chosen by the two (2) arbitrators previously <br />chosen. If either party fails to choose an arbitrator within fifteen (15) days after the <br />transmission of the complaint to the Owner, the other party may choose the second <br />arbitrator. The decision of the arbitrators shall be made within thirty (30) days after <br />the transmission of the complaint to the Owner. If the arbitrators fail to act within <br />ninety (90) days, the complaint will be considered dismissed. The initial retainer <br />cost of arbitration shall be shared equally by all parties, but all costs of arbitration, <br />including the initial retainer cost, shall be borne by the losing party thereto. The <br />decision of the arbitrator shall be final. The prevailing party in any such arbitration <br />shall be entitled to recover from the other party all costs and expenses thereof, <br />including attorney's fees, in connection therewith. <br /> <br />Section 4. Remedy of Violations. If the arbitrator(s) as provided in Section 2 or <br />Section 3 above upholds the complaint, the Owner shall be so notified in writing <br />and shall promptly remedy the violation of the Declaration, and if he fails to remedy <br />such violation within thirty (30) days after the date of such notice or in the time <br />specified in any such proceeding, as appropriate, the Association may (but shall not <br />be obligated to) make the appropriate repairs and add the cost of such repairs, as <br />Special Assessment to the normal assessment of such Owner. The Association, and <br />its designees, shall have the right to entry upon the Lot owned by such Owner for <br />such purpose. <br /> <br /> ARTICLE IX <br /> ENVIRONMENTAL AND ARCHITECTURAL MANAGEMENT <br /> <br />Section 1. Construction of Improvements. Since the maintenance of environmental <br />and architectural harmony and unity are essential for the preservation and <br />enhancement of the value of the Lots and the harmonious functioning of the <br />community affected hereby, no improvements may be erected on any Lot by <br />anyone other than the Declarant without the approval of the Development Review <br />Board (as such term is hereinafter defined) appointed by the Board of Directors of <br /> <br />Paris Industrial Park Development Covenants <br /> <br />Page 14 of 20 <br />
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