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200208608
<br />13. Each dwelling unit shall be connected to the sanitary sewer system constructed
<br />in the Subdivisions. All sanitary sewer connections and water well construction shall comply
<br />with the applicable health and plumbing codes. The sanitary sewer system in the Subdivisions
<br />is connected to the City of Grand Island sewage disposal system by means of a lift station and
<br />force main which shall be owned and operated by the Rainbow Lake Homeowners Association,
<br />Inc., a nonprofit corporation, until such time as the system is taken over and operated by the
<br />City of Grand Island upon annexation or by contract. The Owner or tenant of each dwelling
<br />unit in'the Subdivisions will be charged the applicable sewer fee by the City of Grand Island.
<br />In addition, each Owner or occupant of a dwelling unit in the Subdivisions shall pay the
<br />Rainbow Lake Homeowners Association, Inc., a portion of the cost of the following:
<br />A. Operating and maintaining the lift station and force main, and
<br />B. Operating, maintaining, and cleaning the sanitary sewer mains located
<br />in the easements and streets of the Subdivisions. For that purpose, each Owner or occupant
<br />of a dwelling unit in the Subdivisions will be billed by the Rainbow Lake Homeowners
<br />Association, Inc., semi - annually, in January and July of each year, or they shall become part
<br />of the dues of said Association as determined by the Rainbow Lake Homeowners Association,
<br />Inc., a nonprofit corporation. The cost shall be determined by the Rainbow Lake Homeowners
<br />Association, Inc., by computing the total cost of operating, maintaining, and cleaning the
<br />system referred to in paragraphs A and B above, and dividing such total costs by forty -six (46),
<br />the number of platted lots in the Subdivisions. Each Owner or occupant shall be billed for such
<br />1 /46th amount and said costs shall be payable at the end of the month in which billed. The
<br />obligations of this paragraph shall be assumed by the nonprofit corporation referred to in
<br />paragraph 14.
<br />14. The lake located in the Subdivision, as such lake may exist from to time, shall
<br />be owned by Rainbow Lake Homeowners Association, Inc., a Nebraska nonprofit corporation,
<br />created by the Owners of the lots. The Owner of each building lot in the Subdivisions shall
<br />be a member of the nonprofit corporation. The corporation shall stock the lake with fish and
<br />enact any rules and regulations it may deem necessary for the maintenance, protection, and
<br />use of the lake, and the regulation of the number and behavior of small household pets in said
<br />Subdivisions. All costs of operating the corporation and any projects undertaken by the
<br />corporation shall be borne by the members in the same proportion as their voting rights. For
<br />voting purposes, the Subdivisions have forty -six (46) building lots, and the Owner of each
<br />building lot shall be entitled to one vote. Each Owner or occupant of the dwelling unit in the
<br />Subdivisions shall comply with the By -Laws of the corporation and any rules and regulations
<br />enacted by the corporation, and shall be subject to the dues established by the nonprofit
<br />corporation for any projects undertaken.
<br />15. These covenants, restrictions, and conditions shall run with the land and shall
<br />be binding upon all persons and all parties claiming ownership of lots in the Subdivisions until
<br />June 1, 2012, at which time said covenants, restrictions, and conditions shall be automatically
<br />extended for successive periods of ten (10) years each, unless changed or modified by a vote
<br />of the majority of the then Owners of the lots in said Subdivisions.
<br />16. If any Owner of any lot or portion thereof, or his heirs or assigns, shall violate
<br />or attempt to violate any of the covenants, restrictions, or conditions herein set forth, it shall
<br />be lawful for any other person or persons owning real estate in said Subdivisions to prosecute
<br />such proceedings at law or in equity against the person or persons violating or attempting to
<br />violate any such covenants, restrictions, or conditions and to prevent him or her from so doing,
<br />or to recover damages for such violations.
<br />17. If any of the covenants, restrictions, or conditions herein set forth are declared
<br />void by a court of competent jurisdiction, the remaining covenants, restrictions, and conditions
<br />shall not be affected, but shall remain in full force and effect.
<br />18. This Agreement and the faithful performance of the terms hereof shall be binding
<br />upon the successors, personal representatives, heirs, devisees, legatees, and assigns of the
<br />Owners, present and future, of any lot or lots in Rainbow Lake Subdivision, Rainbow Lake
<br />Second Subdivision, Rainbow Lake Third Subdivision, and Rainbow Lake Fourth Subdivision,
<br />in Hall County, Nebraska.
<br />WITNESS our signatures this 13 day of August 2002.
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