DISCIPLES RIDGE HOMEOWNERS ASSOCIATION
(henceforth known as the “ASSOCIATION”
And
__________________________ owner(s) of
Unit # _______ at __________________________, Boyne Falls MI (henceforth known
as the “OWNER”
_______Date ________________________
Whereas OWNER
has submitted the required plans and written application to the ASSOCIATION for
review of the installation identified in Section 1 below and has requested
approval by the ASSOCIATION for such installation, and
Whereas the ASSOCIATION
has reviewed the plans and application and wishes to grant such approval,
It is hereby
agreed:
1)DESCRIPTION
The description of the installation is
as follows:______________________________________________________________________________________________________________________________
2)RESPONSIBILITY
FOR INSTALLATION COSTS
OWNER
understands and agrees that all costs associated with the initial installation,
during and post construction clean-up and future maintenance of this
installation shall be the responsibility of OWNER.
3)RESPONSIBILITY
FOR FEES/TAXES/ASSESSMENTS
OWNER
understands and agrees that all fees, taxes and/or other assessments or costs
levied both now and in the future due to this installation shall be the
responsibility of OWNER.
4)RESPONSIBILITY
FOR CHANGES
OWNER
understands and agrees that all costs for changes required to be made to the
exterior of OWNERs unit or to the Common Elements due to this installation
shall be the sole responsibility of OWNER.Further, OWNER agrees that all such changes shall be submitted to the ASSOCIATION
in plan detail for the ASSOCIATION’s approval prior to any construction.
5)RESPONSIBILITY
FOR DAMAGE AND REPAIR
OWNER
understands and agrees that the cost of repair of any and all damage to the
building, foundation and common elements caused by this installation at any
time during or after installation shall be the responsibility of OWNER.Such repairs shall be completed within 30
days of the date of the damage.
6)DEFAULT
OWNER
understands and agrees that should the ASSOCIATION determine in its sole
discretion that OWNER has defaulted in compliance with any of these provisions
or any provisions in other Association Documents which may directly or
indirectly apply to this installation, the ASSOCIATION may elect to rescind this
approval and require the immediate removal of the installation.The Association may also, but is not required
to, cure the default and require OWNER to reimburse the Association for 115% of
the total cost for such cure.Any
unpaid reimbursement shall be applied to OWNERs Disciples Ridge Association
account after 30 days and shall be treated as any other past due balance.
7)MODIFICATION
No
modification or waiver of any of the terms of this Agreement shall be allowed
unless by written agreement signed by both parties.No waiver of any breach or default hereunder
shall be deemed a waiver of any subsequent breach or default whether or not of
the same or similar nature.
8)BINDING EFFECT
Except
as otherwise provided in this Agreement, all of the covenants, conditions and
provisions of this Agreement shall be binding upon the parties hereto and their
respective heirs, personal representatives, executors, administrators,
successors, and assigns.
9)HEADINGS
Headings
are inserted for the convenience of the parties only and are not to be
considered when interpreting this Agreement
10)BREACH OF AGREEMENT
The
parties acknowledge that no breach of any provision of this Agreement shall be
deemed waived unless evidenced in writing.A waiver of any one breach shall not be deemed a waiver of any other
breach of the same or any other provision of this Agreement.
11)AMENDMENTS
This
Agreement may only be modified or amended by written agreement signed by both
parties.
12)GOVERNING LAW
This
Agreement is governed by the laws of the State of Michigan.
13)APPROVAL
Contingent
on compliance with all provisions in this Agreement and all provisions in other
Association Documents which apply to this installation, the Disciples Ridge
Homeowner’s Association hereby approves the installation referred to in Section
1 and grants Owner approval to begin such installation.This installation shall be completed and the
installation site cleaned up no later than(date)____________.
The
parties hereby indicate by their signatures below that they have read and agree
with and shall be bound by the terms and conditions of this Agreement in its
entirety.
Signed and Agreed to on the date first
set forth above:
