2003-08-13 CC Packet - Laserfiche WebLink

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5.7. Committee Approval. The CommiftPP.'s approval of the builder and plans and specifications shall be Sl3JJ1ped on all plans and specifications approved by the Committee. No application for a building permit for construction of Residential Improvements shall be made unless accompanied by plans approved ll;D-d stamped as approved by the Committee. 5.8. Remedies AwUnst Owners. If construction of or exterior changes to a Residential Improvement are commenced without the Committee's approval of the plans and specifications, or if construction of or exterior changes to a Residential Improvement are completed not in accordance with approved plans and specifications, any Owner of,a Lot in Hunters Crossing ?d Addition may bring an action to enjoin further constmction and to compel the OWner to conform the Residential ImprovemeDt with plans and specifications approved by the Committee. Any such action must be commenced and a notice of lis pendens must be tiled within ninety (90) days after the date on which the certificate of ocaIpanCy is issued by the appropriate municipal authority, in the case of a Living Unit, or within ninety (90) days after the date of completion, in the case of any other Residential Improvement. 5.9. Remedies A2aiDSt Committee. In the event that the Committee and/or the members of the Committee shall fail to discharge their respective obligations under this Article 5, then any Owner of a Lot in Hunters Crossing? Addition may bring an action to compel the discharge of said obligations. Any such action must be commP.11rP,d within ninety (90) days ,after the date on which the certificate of occupancy is issued by the appropriate authority, in the case of a living Unit, or within ninety (90) days after the date of completion, in the case of any other Residential Improvement. Such an action shall be the exclusive remedy of any Owner of a Lot for failure of the Committee and/or its members to discharge such obligations. Under no circumstances shall the Developer, the Committee or members of the Committee be liable to any person for damages (direct, consequential or otherwise). 6. Riahts Granted the City of CenteniUe ~_' ..- 6.1. Purpose. The City has executed various a~~- wirh and secured certlin covenants from the Developer, and has a continuing interest in the performance of the covenants and agreements specified in this Declaration. Further, the City is concerned that all conditions of the Permit are complied with and that the Property is developed and mainrnined in accordance with the plan contemplated by this Declaration of Covenants~ Conditions and Restrictions. 6.2. ReIeMe of Liability. The Declarant, for itself, its successors and. assigns aDd, by accepting a conveyance of a Lot, any Owner, for itself, f.unily and invitees, release and shall hold harmless the City (including its elected and appointed officials, employees, servants and agents) from all liability for enforcement or for nonenforcement of this Declaration of Covenants, Conditions and Restrictions and, further, expressly acknowledge that the City is not obligated to perform or to enforce performance b! the Declarant, or others, of any obligations contained in this Declaration of Co~ Conditions and Restrictions. 6.3. Specific RiPts Enforceable by the City of Centenille. The City, at its option and in its sole discietion, may enforce for the benefit of itself the specific provisions of this Declaration of Covenants, Conditions and Restrictions. -11-