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Conditions, Restrictions and Reservations
Page 19 of 20
l.
That the City of Naperville and the Naperville Fire Protection District are hereby granted
a perpetual easement, right and privilege to enter upon the real estate herein for the purpose of
providing police and fire protection services, and to enforce police, fire, traffic and safety
regulations.
2.
Upon the failure of the Association to perform any of its maintenance duties or other
obligations relating to the Common Area Properties, then the City of Naperville, upon reasonable
notice, shall have the right to enter upon the property in question to correct or eliminate
nuisances or violations resulting from such failure to exercise maintenance responsibilities by
either the Owner or the Association, as the case may be. The cost of such work shall be a lien
against the property in question and shall be assessed against the Owner of said property or
Association, as the case may be, and the City of Naperville shall also have the right to file suit
against the Owner and/or the Association, as the case may be, in any court of competent
jurisdiction to recover for costs of such work, and all reasonable attorneys' fees and costs
incurred in connection with such work and court actions. The foregoing remedy shall not be
exclusive and the City shall have the right to enforce compliance with the covenants, conditions
and restrictions herein by any other remedy provided at law or in equity. All costs, including
reasonable attorneys' fees, incurred in connection with such enforcement shall be paid by the
offending owner or Association, as the case may be.