Laserfiche WebLink
201107590 <br />Lot Owner's failure, within twenty-four (24) hours after such notice, to commence such removal and <br />diligently pursue same, or (ii) Lot Owner's and the other Lot Owner's failure to reach in good faith, a plan <br />for such removal by Lot Owner, whereupon Lot Owner shall be liable to pay the other Lot Owner upon <br />demand, the reasonable cost and expense incurred by Developer, including interest at fifteen percent <br />(15%) and a reasonable management fee not to exceed ten percent (10%). <br />7.5. Calculation and Payment of Real Property Taxes, Personal Property Taxes. To the <br />fullest extent possible, real estate taxes and general and special assessments (collectively, "Real <br />Property Taxes") levied and assessed against any Lot shall be separately assessed by the taxing <br />authority and paid by the Lot Owner. Each Lot Owner shall pay or cause to be paid on or before the date <br />such taxes become delinquent, all such �axes levied and assessed on its Lot and any improvements <br />thereon. Such Real PropertyTaxes may be paid in installments where installments are permitted bythe <br />taxing authorities. In addition to Real Property Taxes, each Lot Owner shall cause to be paid before <br />delinquency all taxes (including sales and use taxes), assessments, license fees and public charges <br />levied, assessed or imposed upon the business operations on its Lot(s) as well as upon the <br />merchandise, inventory, furniture, fixtures, equipment and other personal property of such businesses. <br />7.6. Indemnification and Insurance. <br />7.6.1. Construction. Each Lot Owner covenants and agrees to indemnify, defend, <br />and hold harmless Developer and the other Lot Owners and its tenants, invitees and <br />occupants from and against any and all loss, cost, damage, liability, or expense (including, <br />without limitation, reasonable attorneys' fees) incurred in connection with all claims, <br />including any action or proceedings brought thereon, arising from or relating to construction <br />activities or operations on a Lot. The Lot Owner (each, a"Constructing Owner") shall pay <br />all reasonable costs and expenses incurred by any other Lot Owner due to damage to the <br />other Lot arising from or related to such Constructing Owner's construction operations at <br />such Lot. No Constructing Owner shall materially obstruct the free flow of pedestrian or <br />vehicular traffic upon and across any other Lot during any period of construction at such Lot <br />or at any time thereafter. <br />7.6.2. No Constructing Owner shall permit or suffer any mechanic's liens claims to be <br />filed or otherwise asserted against any other Lot during construction or otherwise, and shall <br />promptly discharge the same in case of the filing of any claims for liens or proceedings for <br />the enforcement thereof, or in the event such Constructing Owner in good faith desires to <br />contest the validity or amount of any mechanic's lien, such Constructing Owner shall have <br />the right to contest the validity or amount of any such mechanic's lien, provided that: (i) such <br />Constructing Owner deposits with the owner of the Lot affected by such mechanic's lien <br />cash or a letter of credit or other security reasonably acceptable to such affected Lot Owner <br />in an amount equal to one hundred fifty percent (150%) of the amount of said lien to insure <br />payment and prevent any sale or forfeiture of any part of the affected Lot by reason of <br />nonpayment; (ii) neither the affected Lot nor any part thereof or interest therein would be in <br />any substantial danger of being sold, forfeited, or lost, (iii) such affected Lot Owner would <br />not be in any substantial danger of any civil or criminal liabilityfor failure to comply therewith; <br />and (iv) such Constructing Owner promptly notifies such affected Lot Owner, in writing, of <br />such contest. Any such contest shall be prosecuted with due diligence and such <br />Constructing Owner shall promptly after the final determination thereof pay the amount of <br />any such lien, together with all interest, penalties and other costs payable in connection <br />therewith. Any such letter of credit deposited hereunder shall be issued by a national bank <br />reasonably acceptable to such affected Lot Owner. Each Constructing Owner and its <br />tenants and their respective contractors and subcontractors shall be solely responsible for <br />the transportation, safekeeping and storage of materials and equipment used in connection <br />with such Constructing Owner's construction operations, and for the removal of waste and <br />debris resulting therefrom. In the event any Constructing Owner's construction operations <br />7 <br />Meadowlark Declaration <br />Lots 1 & 2-9�' Subdivision <br />