201503252 - Laserfiche WebLink

Browse

2.4 Farming and Agricultural Uses. 201503252 Supplemental Declaration may also designate Subdivision Assessment Areas, Subdivision Common Areas, and Subdivision Services. If a Supplemental Declaration designates any Subdivision Common Areas or Subdivision Services, the Supplemental Declaration shall also designate the Subdivision Assessment Area containing the Lots that will subject to a Subdivision Assessment. A Supplemental Declaration may only be amended by a written instrument executed by: (a) the Owners representing more than 75% of the votes held by the Owners of all the Lots subject to the Supplemental Declaration; (b) the Declarant, so long as the Declarant owns any Lot in the Project; (c) after the Declarant no longer owns any Lot, all Designated Builders owning any Lots in the Project; and (d) after neither the Declarant nor any Designated Builders own any Lot, the Board. 2.3 Obligation to Construct Association Common Area Improvements. The Builder or other owner of real property identified or designated on a Plat or in a Supplemental Declaration as real property that is to be Common Area or to be an Area of Association Responsibility shall be responsible for installing and constructing Improvements on such real property in accordance with plans and specifications for such real property approved by the Design Review Committee. The construction and installation of Improvements on any such real property shall be constructed in a good and workmanlike manner in accordance with applicable industry standards and shall be completed within such time period as may be specified by the Design Review Committee. Upon completion of the construction and installation of Improvements on any real property designated as Common Area, the Owner of such real property shall convey fee title to the real property to the Association. The Association shall accept the conveyance of such real property so long as all the following conditions are met: (a) the Owner provides the Association, at the Owner's expense, with a standard- coverage owner's policy of title insurance, in an amount reasonably acceptable to the Association, issued by a title insurance company authorized to transact such business in the State of Nebraska, insuring that the Association is the Owner of fee title to the real property subject to any liens and other matters as may be approved by the Association; and (b) all warranties applicable to the Improvements constructed or installed on the real property are assigned to the Association. The Project is located in proximity to existing farming and other agricultural operations with potential activity 24 hours per day, seven days per week, in perpetuity. As a result, residents of the Project may be exposed to nuisances associated with the farming and agricultural operations in the immediate and surrounding area, including but not limited to noise, odors, dust, grazing of animals, flies, pollen, chaff from harvesting, pesticide spray applications, and farm equipment operations. Declarant makes no representations or warranties whatsoever with regard to farming and agricultural operations. 2.5 Disclaimer of Implied Covenants. Declarant makes no representation or warranty that the Project will be developed in accordance with the zoning and development plan for the Project as it exists as of the Recording of this Declaration. Each Owner, Resident, and other Person acquiring any Lot or other real property in the Project acknowledges that the zoning and development plan may be amended from time to time by the County. Declarant makes no warranties or representations, express or Page 14 of 69