Approval and Authorization for Work. A. Prior to any repair, maintenance, construction or reconstruction of the portion of the private road located within Easement B for which the respective owners, grantees, successors and/or assigns of the foregoing Lots will be in part responsible, an estimate shall be obtained for such repair, maintenance, construction or reconstruction and submitted to the owners of such Lots for their review. If any owner of Lots 1 or 2 is dissatisfied with such estimate, then no work shall be commenced for thirty (30) days following delivery of the initial estimate, during which period the dissatisfied owner or owners shall have the right to obtain additional estimates from reputable contractors. At the end of the thirty (30) day period, the owners shall execute a contract based on the lowest estimate obtained. The signature of either owner of Lot 1 or 2 shall be sufficient to bind all owners. B. In the event of any bona fide emergency, as hereinafter defined, a Lot owner may contract for repairs to be performed without prior notice to the other owners and such contract shall be binding upon all owners, the same as if executed by or contracted by all owners. An emergency for purposes of this Declaration shall be defined as a situation in which essential services will be denied to any owner if repairs are not made immediately. C. The foregoing notwithstanding, so long as the Developer owns any of Lots 1 or 2, it shall be entitled to perform, or have performed, any repair, maintenance, construction or reconstruction of the portion of the private road benefiting Lots 1 and 2 in its sole discretion, and the owners of the Lots shall be responsible for their respective shares of such costs.
Appears in 1 contract
Samples: Declaration of Permanent Easements and Maintenance Terms
Approval and Authorization for Work. A. Prior to any repair, maintenance, construction or reconstruction of the portion of the private road located within Easement B A for which the respective owners, grantees, successors and/or assigns of the foregoing Lots will be in part responsible, an estimate shall be obtained for such repair, maintenance, construction or reconstruction and submitted to the owners of such Lots for their review. If any owner of Lots 1 or 2 8, 9, 10, 11, and 12 is dissatisfied with such estimate, then no work shall be commenced for thirty (30) days following delivery of the initial estimate, during which period the dissatisfied owner or owners shall have the right to obtain additional estimates from reputable contractors. At the end of the thirty (30) day period, the owners shall execute a contract based on the lowest estimate obtained. The signature of either owner at least three of Lot 1 or 2 the owners of Lots 8, 9, 10, 11, and 12 shall be sufficient to bind all owners.
B. In the event of any bona fide emergency, as hereinafter defined, a Lot owner may contract for repairs to be performed without prior notice to the other owners and such contract shall be binding upon all owners, the same as if executed by or contracted by all owners. An emergency for purposes of this Declaration shall be defined as a situation in which essential services will be denied to any owner if repairs are not made immediately.
C. The foregoing notwithstanding, so long as the Developer owns any of Lots 1 or 28, 9, 10, 11, and 12, it shall be entitled to perform, or have performed, any repair, maintenance, construction or reconstruction of the portion of the private road benefiting benefitting Lots 1 8, 9, 10, 11, and 2 12 in its sole discretion, and the owners of the Lots shall be responsible for their respective shares of such costs.
Appears in 1 contract
Samples: Declaration of Permanent Easements and Maintenance Terms
Approval and Authorization for Work. A. Prior to construction of the private road or any subsequent repair, maintenance, construction or reconstruction of the portion of the private road located within Easement B for which the respective owners, grantees, successors and/or assigns of the foregoing Lots will be in part responsible, an estimate shall be obtained for such construction, repair, maintenance, construction or reconstruction and submitted to the owners of such Lots for their review. If any owner of Lots 1 6 or 2 7 is dissatisfied with such estimate, then no work shall be commenced for thirty (30) days following delivery of the initial estimate, during which period the dissatisfied owner or owners shall have the right to obtain additional estimates from reputable contractors. At the end of the thirty (30) day period, the owners shall execute a contract based on the lowest estimate obtained. The signature In the event there are more than two (2) lots benefited by Easement A, then the signatures of either owner the owner(s) of Lot 1 or 2 a majority of the Lots thereby benefitted shall be sufficient to bind all owners.
B. In the event of any bona fide emergency, as hereinafter defined, a Lot owner may contract for repairs to be performed without prior notice to the other owners and such contract shall be binding upon all owners, the same as if executed by or contracted by all owners. An emergency for purposes of this Declaration shall be defined as a situation in which essential services will be denied to any owner if repairs are not made immediately.
C. The foregoing notwithstanding, so long as the Developer owns any of Lots 1 or 26 and 7, it shall be entitled to perform, or have performed, any repair, maintenance, construction or reconstruction of the portion of the private road benefiting Lots 1 and 2 in its sole discretion, and the owners of the Lots shall be responsible for their respective shares of such costs.
Appears in 1 contract
Samples: Declaration of Permanent Easements and Maintenance Terms
Approval and Authorization for Work. A. Prior to construction of the private road or any subsequent repair, maintenance, construction or reconstruction of the portion of the private road located within Easement B for which the respective owners, grantees, successors and/or assigns of the foregoing Lots will be in part responsible, an estimate shall be obtained for such construction, repair, maintenance, construction or reconstruction and submitted to the owners of such Lots for their review. If any owner of Lots 1 4 or 2 5 is dissatisfied with such estimate, then no work shall be commenced for thirty (30) days following delivery of the initial estimate, during which period the dissatisfied owner or owners shall have the right to obtain additional estimates from reputable contractors. At the end of the thirty (30) day period, the owners shall execute a contract based on the lowest estimate obtained. The signature In the event there are more than two (2) lots benefited by Easement A, then the signatures of either owner the owner(s) of Lot 1 or 2 a majority of the Lots thereby benefitted shall be sufficient to bind all owners.
B. In the event of any bona fide emergency, as hereinafter defined, a Lot owner may contract for repairs to be performed without prior notice to the other owners and such contract shall be binding upon all owners, the same as if executed by or contracted by all owners. An emergency for purposes of this Declaration shall be defined as a situation in which essential services will be denied to any owner if repairs are not made immediately.
C. The foregoing notwithstanding, so long as the Developer owns any of Lots 1 or 24 and 5, it shall be entitled to perform, or have performed, any repair, maintenance, construction or reconstruction of the portion of the private road benefiting Lots 1 and 2 in its sole discretion, and the owners of the Lots shall be responsible for their respective shares of such costs.
Appears in 1 contract
Samples: Declaration of Permanent Easements and Maintenance Terms
Approval and Authorization for Work. A. Prior to commencement of any repair, maintenance, construction or reconstruction of the portion of the private road located within Easement B A for which the respective owners, grantees, successors and/or assigns of the foregoing Lots will be in part responsible, an estimate shall be obtained for such repair, maintenance, construction or reconstruction and submitted to the owners of such Lots for their review. If any owner of the foregoing Lots 1 or 2 is dissatisfied with such estimate, then no work shall be commenced for thirty (30) days following delivery of the initial estimate, during which period the dissatisfied owner or owners shall have the right to obtain additional estimates from reputable contractors. At the end of the thirty (30) day period, the owners shall execute a contract based on the lowest estimate obtained. The signature In the event there are more than two (2) lots benefited by Easement A, then the signatures of either owner the owner(s) of Lot 1 or 2 a majority of the Lots thereby benefitted shall be sufficient to bind all owners.
B. In the event of any bona fide emergency, as hereinafter defined, a Lot owner may contract for repairs to be performed without prior notice to the other owners and such contract shall be binding upon all owners, the same as if executed by or contracted by all owners. An emergency for purposes of this Declaration shall be defined as a situation in which essential services will be denied to any owner if repairs are not made immediately.
C. The foregoing notwithstanding, so long as the Developer owns any of Lots 1 2 or 23, it shall be entitled to perform, or have performed, any repair, maintenance, construction or reconstruction of the portion of the private road benefiting Lots 1 and 2 lying in Easement A, in its sole discretion, and the owners of the foregoing Lots shall be responsible for their respective shares of such costs.
Appears in 1 contract
Samples: Declaration of Permanent Easements and Maintenance Terms
Approval and Authorization for Work. A. Prior to construction of the private road or any subsequent repair, maintenance, construction or reconstruction of the portion of the private road located within Easement B for which the respective owners, grantees, successors and/or assigns of the foregoing Lots will be in part responsible, an estimate shall be obtained for such construction, repair, maintenance, construction or reconstruction and submitted to the owners of such Lots for their review. If any other owner of Lots 1 or 2 is dissatisfied with such estimate, then no work shall be commenced for thirty (30) days following delivery of the initial estimate, during which period the dissatisfied owner or owners owner(s) shall have the right to obtain additional estimates from reputable contractors. At the end of the thirty (30) day period, the owners shall execute a contract based on the lowest estimate obtained. The signature signatures of either owner the owner(s) of Lot 1 or 2 a majority of the Lots benefited by Easement D shall be sufficient to bind all owners.
B. In the event of any bona fide emergency, as hereinafter defined, a Lot owner may contract for repairs to be performed without prior notice to the other owners and such contract shall be binding upon all owners, the same as if executed by or contracted by all owners. An emergency for purposes of this Declaration shall be defined as a situation in which essential services will be denied to any owner if repairs are not made immediately.
C. The foregoing notwithstanding, so long as the Developer owns any of Lots 1 or 1, 2, 3, 4, and 5, it shall be entitled to perform, or have performed, any repair, maintenance, construction or reconstruction of the portion of the private road benefiting Lots 1 and 2 in its sole discretion, and the owners of the Lots shall be responsible for their respective shares of such costs.
Appears in 1 contract
Samples: Declaration of Permanent Easements and Maintenance Terms
Approval and Authorization for Work. A. Prior to any repair, maintenance, construction or reconstruction of the that portion of the private road driveway located within Easement B for Section “A” which the respective owners, grantees, successors and/or assigns of the foregoing Lots Tracts will be in part responsible, an estimate shall be obtained for such repair, maintenance, construction or reconstruction and submitted to the owners of such Lots Tracts for their review. If any owner of Lots 1 Tract 2, 3, 4, or 2 5 is dissatisfied with such estimate, then no work shall be commenced for thirty (30) days following delivery of the initial estimate, during which period the dissatisfied owner or owners shall have the right to obtain additional estimates from reputable contractors. At the end of the thirty (30) day period, the owners shall execute a contract based on the lowest estimate obtained. The signature signatures of either owner the owner(s) of Lot 1 or 2 any three of Tracts 2, 3, 4, and 5 shall be sufficient to bind all owners.
B. In the event of any bona fide emergencyemergency with regard to Section “A”, as hereinafter defined, a Lot Tract owner may contract for repairs to be performed without prior notice to the other owners and such contract shall be binding upon all owners, the same as if executed by or contracted by all owners. An emergency for purposes of this Declaration shall be defined as a situation in which essential services will be denied to any owner if repairs are not made immediately.
C. The foregoing notwithstanding, so long as the Developer owns any of Lots 1 Tracts 2, 3, 4, or 25, it shall be entitled to perform, or have performed, any repair, maintenance, construction or reconstruction of the portion of the private road benefiting Lots 1 and 2 driveway lying within Section “A” in its sole discretion, and the owners of the Lots Tracts shall be responsible for their respective shares of such costs.
D. Prior to any repair, maintenance, construction or reconstruction of that portion of the private driveway located within Section “B” which the respective owners, grantees, successors and/or assigns of Tracts 2 and 3 will be in part responsible, an estimate shall be obtained for such repair, maintenance, construction or reconstruction and submitted to the owners of such Tracts for their review. If the other owner is dissatisfied with such estimate, then no work shall be commenced for thirty (30) days following delivery of the initial estimate, during which period the dissatisfied owner or owners shall have the right to obtain additional estimates from reputable contractors. At the end of the thirty (30) day period, the owners shall execute a contract based on the lowest estimate obtained.
E. In the event of any bona fide emergency with regard to Section “B”, as hereinafter defined, any owner of Tract 2 or 3 may contract for repairs to be performed without prior notice to the other owner and such contract shall be binding upon all owners, the same as if executed by or contracted by all owners. An emergency for purposes of this Declaration shall be defined as a situation in which essential services will be denied to any owner if repairs are not made immediately.
F. The foregoing notwithstanding, so long as the Developer owns any of Tracts 2 or 3, it shall be entitled to perform, or have performed, any repair, maintenance, construction or reconstruction of the private driveway lying within Section “B” in its sole discretion, and the owners of Tracts 2 and 3 shall be responsible for their respective shares of such costs.
G. The owner of Tract 5 may perform any repair, maintenance, construction or reconstruction of that portion of the private driveway located within Section “C” in its sole discretion; provided, however, that such work shall not unreasonably interfere with the use and enjoyment of Tract 4. The owner of Tract 5 shall promptly repair, at such owner’s sole cost and expense, any damage done to any other portion of the private driveway as the result of such work. Any work performed within Section “C” shall be done in an expeditious and workmanlike manner.
Appears in 1 contract
Samples: Declaration of Permanent Easements and Maintenance Terms
Approval and Authorization for Work. A. Prior to any repair, maintenance, construction or reconstruction of the portion of the private road located within Easement B F for which the respective owners, grantees, successors and/or assigns of the foregoing Lots will be in part responsible, an estimate shall be obtained for such repair, maintenance, construction or reconstruction and submitted to the owners of such Lots for their review. If any owner of Lots 1 or 2 4 and 5 is dissatisfied with such estimate, then no work shall be commenced for thirty (30) days following delivery of the initial estimate, during which period the dissatisfied owner or owners shall have the right to obtain additional estimates from reputable contractors. At the end of the thirty (30) day period, the owners shall execute a contract based on the lowest estimate obtained. The signature of either owner at least one of Lot 1 or 2 the owners of Lots 4 and 5 shall be sufficient to bind all owners.
B. In the event of any bona fide emergency, as hereinafter defined, a Lot owner may contract for repairs to be performed without prior notice to the other owners and such contract shall be binding upon all owners, the same as if executed by or contracted by all owners. An emergency for purposes of this Declaration shall be defined as a situation in which essential services will be denied to any owner if repairs are not made immediately.
C. The foregoing notwithstanding, so long as the Developer owns any of Lots 1 or 24 and 5, it shall be entitled to perform, or have performed, any repair, maintenance, construction or reconstruction of the portion of the private road benefiting benefitting Lots 1 4 and 2 5 in its sole discretion, and the owners of the Lots shall be responsible for their respective shares of such costs.
Appears in 1 contract
Samples: Declaration of Permanent Easements and Maintenance Terms
Approval and Authorization for Work. A. Prior to any repair, maintenance, construction or reconstruction of the portion of the private road located within Easement B for which the respective owners, grantees, successors and/or assigns of the foregoing Lots will be in part responsible, an estimate shall be obtained for such repair, maintenance, construction or reconstruction and submitted to the owners of such Lots for their review. If any owner of Lots 1 or 2 9, 10, 11, and 12 is dissatisfied with such estimate, then no work shall be commenced for thirty (30) days following delivery of the initial estimate, during which period the dissatisfied owner or owners shall have the right to obtain additional estimates from reputable contractors. At the end of the thirty (30) day period, the owners shall execute a contract based on the lowest estimate obtained. The signature of either owner at least two of the owners of Lot 1 or 2 9, 10, 11, and 12 shall be sufficient to bind all owners.
B. In the event of any bona fide emergency, as hereinafter defined, a Lot owner may contract for repairs to be performed without prior notice to the other owners and such contract shall be binding upon all owners, the same as if executed by or contracted by all owners. An emergency for purposes of this Declaration shall be defined as a situation in which essential services will be denied to any owner if repairs are not made immediately.
C. The foregoing notwithstanding, so long as the Developer owns any of Lots 1 or 29, 10, 11, and 12, it shall be entitled to perform, or have performed, any repair, maintenance, construction or reconstruction of the portion of the private road benefiting Lots 1 9, 10, 11, and 2 12 in its sole discretion, and the owners of the Lots shall be responsible for their respective shares of such costs.
Appears in 1 contract
Samples: Declaration of Permanent Easements and Maintenance Terms