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A. The following paragraphs shall be included in the appropriate sections of all declarations of covenants, conditions and restrictions (or similar documents) for residential, commercial, or other projects approved by the City:
1. South Jordan City ("City") shall have the right, but not the duty, to require, and if necessary, perform, at the Homeowner Association's expense, landscaping, maintenance, and snow removal within the common areas if the Homeowner Association fails to adequately perform such. If City exercises this right, then City is entitled to recover any associated costs and attorney fees. In addition, the owners in this development, by virtue of purchasing property in this development, give City the right, but not the duty to form, under State statutes, a Special Service District ("SSD") for the purpose of ongoing maintenance or a Special Improvement District ("SID") for the purpose of making needed improvements within this development. City may create a SSD or SID if the Homeowner Association or a property owner in this development asks City to take over this development's improvements or maintenance tasks. The City Council may also create a SSD or SID if it determines there is a historical pattern of a lack of care and maintenance. The Governing Body of any such SSD or SID formed, as stated in this paragraph, shall consist of the City Mayor, City Council and the Homeowner Association President. This Section shall not be amended or deleted without City's approval.
2. This Declaration of Covenants, Conditions and Restrictions shall not be amended, and the Homeowner Association shall not adopt rules, to prohibit or have the effect of prohibiting reasonably sited and designed solar collectors, clotheslines, or other energy devices based on renewable resources on buildings erected on lots or parcels in this development. This Section shall not be amended or deleted without South Jordan City's approval.
B. The City Attorney may approve variations of the paragraphs required under subsection A of this section when individual circumstances dictate. (Ord. 2016-24, 7-19-2016)