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202501043
<br />herein, so long as Developers or either of them own at least one (1) Lot, it shall maintain
<br />architectural control and shall be the sole member of the Architectural Committee. Developers
<br />retain the right to appoint additional parties to the Architectural Committee and the right to
<br />voluntarily transfer control of the Committee to the Association at any time in their discretion.
<br />Thereafter, the Board of Directors of the Association shall have the responsibility for
<br />approving architectural plans and landscaping plans on the Lots and the responsibility for
<br />maintaining a uniform quality in construction. In the event the Developers, Association
<br />Board, or its designated committee fails to approve or disapprove any design and location
<br />within thirty (30) days following the submission of the plans and specifications approval will
<br />not be required, and this paragraph will be deemed to have been fully complied with.
<br />Approval by the Developers, Board of Directors or Architectural Committee shall not relieve
<br />the contractor from obtaining a building permit from the proper building department of Hall
<br />County or the City of Grand Island. Any additions to or modifications of any existing
<br />structure shall not be made until the plans and specifications showing the nature of the
<br />addition or modification have been submitted to and approved by the Developers or
<br />Architectural Committee as applicable, in writing.
<br />4. Easements. Each Lot Owner does hereby establish, give, grant, and convey to
<br />the Developers, the Association and to all Lot Owners for their mutual benefit and the
<br />benefit of their respective heirs, assigns, tenants, customers, officers, employees, and invitees,
<br />the following easements and the benefits and corresponding burdens shall be appurtenant to
<br />and run with each Lot therein:
<br />(a) Perpetual nonexclusive easements upon and across all parking lots,
<br />sidewalks, driveways, entrance and exit ways, and roadways on the Property which are
<br />now or hereafter from time to time used for pedestrian and vehicular traffic and parking for
<br />the purpose of allowing pedestrian and vehicular ingress and egress access to and from the
<br />adjacent public streets and private drives to and from each Lot and parking upon each Lot.
<br />(b) Perpetual nonexclusive easements as may be necessary to install,
<br />maintain, repair, reconstruct or replace underground utilities serving any portion of the
<br />Property over and across any such portion of the Property that is not within the building
<br />areas on the Lot; provided, that such easements shall (i) be only for the most direct route
<br />or smallest space reasonably feasible and in conformity with applicable codes and regulations,
<br />and (ii) be limited to areas or routes so as not to interfere with the operation of permitted
<br />activities in the areas in or adjacent to such easement and specifically be located solely in the
<br />setback or yard requirements under the City of Grand Island Zoning Ordinance, (iii) permit
<br />reasonable maintenance, repair, reconstruction and replacement in such a manner as to
<br />not interfere with the use of areas adjacent to such easement, and (iv) shall be subject
<br />to the Lot Owner of the benefited property being responsible for conducting and for the
<br />payment of any construction, maintenance, repair, reconstruction or replacement costs
<br />related to same, and (v) shall be to the extent and duration necessary to assure the
<br />benefited property to be in compliance with applicable codes and laws, and to provide a
<br />reasonable and beneficial use to the benefited property for the required purposes.
<br />(c) Perpetual nonexclusive easements as may be necessary to install,
<br />maintain, repair, or replace customary and commercially reasonable directional signage for
<br />the Property and businesses located there, provided that such easement locations and specific
<br />signage must be approved by the Developers or Architectural Committee, as applicable,
<br />pursuant to the terms of this Declaration, which consent shall not be unreasonably withheld.
<br />(d) All Lot Owners covenant and agree that they will cause the easement
<br />areas to be used in a manner so as to minimize any damage, injury or destruction of such
<br />easement areas. Each Lot Owner covenants and agrees that it will promptly (at its sole
<br />cost and expense) repair any damage, injury or destruction (other than ordinary wear and
<br />tear) to any portion of the other party's Lot, buildings or other improvements that may be
<br />caused by or result from its respective use or the use by its respective Lot Owners of the
<br />easement areas, as applicable, and such party shall (at its sole cost and expense) restore the
<br />damaged property to substantially the same condition as existed prior to any such damage,
<br />injury or destruction. Each party will cooperate with the other party in good faith and use
<br />commercially reasonable efforts to minimize disruption to other party's access to and use
<br />of its property, the easement areas, and other easement rights granted herein in performing
<br />any work described in this Section, including, but not limited to, providing commercially
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