Private road document - Laserfiche WebLink

Home Browse Search

claims, actions, causes of action and damages arising from the use of the Common Area by the indemnifying Owner ar the guests or invitees of the indemnifying Owner. 8. Use of Storm Water Facilities Area. The Storm Water Facilities Area shall be used solely for purposes of drainage and retention of surface water, and shall be maintained by the Owners in perpetuity, free from mowing or other vegetative disturbance, fertilizer application, yard or other waste disposal,placement of structures, or any other alteration that impedes the function of the Storm Water Facilities in protecting the quality of water or flows downstream. 9. Maintenance of Common Area and Other Storm Water Facilities Area. The Owners of the Lots shall share equally in the cost of maintaining the Common Area and the improvements thereon and the Storm Water Facilities Area located outside of the Common Area, including without limitation the tennis court on Outlot A of the Plat,the Private Road and the Storm Water Facilities. Such expenses shall include the cost of maintaining, repairing and replacing, and paying the cost of electricity used by, any and all street lights and other lights within the Common Area to the extent not maintained by the City; any special assessment levied by the City against any or all of the Lots for the improvement, reconstruction, repair or replacement of Qracketts Point Road lying north of the Property, regardless whether such assessment is levied by the City against all or fewer than all of the Lots, and regardless whether the City levies such assessment in equal or unequal amounts against the Lots; and any real estate tax and special assessment levied against any or all of the Common Area. The Owner of each Lot, by accepting a deed or other instrument of conveyance of a Lot, whether or not it shall be so expressed in such deed or other instrument, conclusively is deemed to covenant and agree to pay all Lot Assessments when due pursuant to this Declaration. All Lot Assessments, with interest, collection costs and reasonable attorney's fees, shall be a lien on a Lot, in favor of the Owners of the other Lots, from the due date of such Lot Assessment until paid in full. All Lot Assessments, with interest, collection costs and reasonable attorney's fees, also shall be the personal obligation of the Owner of the Lot as of the due date of the Lot Assessment and, if more than one person is the Owner of the Lot, each such person shall be jointly and severally liable therefor. No Owner of a Lot may waive or otherwise escape liability for Lot Assessments by non-use of the Common Area or abandonment of a Lot. 10. Manner of Fixing Assessments; Uniform Rate of Assessment. Lot Assessments shall be fixed at a uniform rate for each of the Lots, and shall be collected on a monthly, quarterly or annual basis, as determined from time to time by a majority of the Owners after at least 30 days' prior notice to all Owners. If more than one Person constitutes the Owner of a Lot, all such Persons shall decide among themselves how to vote in any vote of the Owners of Lots. The Owner of each Lot shall have one vote. Unless all of the Owners otherwise unanimously agree in writing, Lot Assessments shall not include the cost to add to, or improve the quality or character of, the Common Area or the improvements now or hereafter located on the Common Area, and no such addition or improvement shall be made without such unanimous consent in writing. 1 1. Effect of Non-Payment of Lot Assessments. Any Lot Assessment not paid within thirty (30) days after the due date shall bear interest from the due date until paid, at a rate iooss3�� 4