West Shores Covenants & Amendments
PLEASE SEE ATTACHED AMENDMENTS
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DECLARATION
OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS
OF WEST SHORES, A SUBDIVISION
IN DOUGLAS COUNTY, NEBRASKA
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THIS DECLARATION, made on the date hereinafter set forth, is made by
Century Development company, L.L.C., a Nebraska limited liability company,
hereinafter referred to as the "Declarant."
PRELIMINARY STATEMENT
The Declarant is the owner of certain real property located within Douglas
County, Nebraska and described as follows:
For Lots 1 thru 242 and 246 thru 294 in West Shores, a Subdivision in
Douglas County, Nebraska.
Such lots are herein referred to collectively as the "Lots" and individually as each "Lot."
Outlot 7, West Shores, which consists of the West Shores Lake, is herein referred to
as the "Lake" or the "West Shores Lake".
The Declarant desires to provide for the preservation of the values and
amenities of West Shores, as well as for the maintenance of the character and
residential integrity of West Shores.
NOW, THEREFORE, the Declarant hereby declares that each and all of the Lots
shall be held, sold and conveyed subject to the following restrictions, covenants,
conditions and easements, all of which are for the purpose of enhancing and protecting
the value, desirability and attractiveness of the Lots, and the enjoyment of the residents
of the Lots. These restrictions, covenants, conditions and easements shall run with
such Lots and shall be binding upon all parties having or acquiring any right, title or
interest in each Lot, or any part thereof, as is more fully described herein. The Lots are,
and each Lot is and shall be subject to all and each of the following conditions and
other terms:
Return to: James E. Lang, 11306 Davenport St., Omaha, NE 68154
ARTICLE I.
RESTRICTIONS AND COVENANTS
1. Each Lot shall be used exclusively for suburban residential. (SF2 & SF3
zones)
2. No residence, building, fence, wall, driveway, patio, patio enclosure,
swimming pool, basketball backboards, dog house, pool house, mail boxes, or other
external improvement, above or below the ground (herein all referred to as any
"Improvement") shall be constructed, erected, placed or permitted to remain on any
Lot, nor shall any grading or excavation for any improvement be commenced, except
for Improvements which have been approved by Declarant or Declarant's appointee,
the Design Review Board (DRB), as follows:
a. An Owner desiring to erect an Improvement on any Lot shall deliver
two sets of construction plans, landscaping plans and site plans with grade elevations
showing drainage to the (DRB) (herein collectively referred to as the "plans") with a
$250.00 review fee. Such plans shall include a description type, quality, color and use
of materials proposed for the exterior of such Improvement. Concurrent with
submission of the plans, Owner shall notify the (DRB) of the Owner's mailing address.
b. (DRB) shall review such plans in relation to the type and exterior of
improvements constructed, or approved for construction, on neighboring Lots and in
the surrounding area, and any general scheme or plans formulated by Declarant. In this
regard, Declarant intends that the Lots shall be a developed residential community with
homes constructed of high quality materials. The decision to approve or refuse
approval of a proposed Improvement shall be exercised by Declarant to promote
development of the Lots and to protect the values, character and residential quality of
all Lots. If Declarant determines that the proposed Improvement will not protect and
enhance the integrity and character of all the Lots and neighboring lots as a quality
residential community, Declarant may refuse approval of the proposed Improvement.
c. Written Notice of any approval of a proposed Improvement shall be
mailed to the owner at the address specified by the owner upon submission of the
plans. Such notice shall be mailed, if at all, within thirty (30) days after the date of
submission of the plans. If notice of approval is not mailed within such period, the
proposed Improvement shall be deemed disapproved by Declarant.
d. No Lot owner, or combination of Lot owners, or other person or
persons shall have any right to any action by Declarant, or to control, direct or influence
the acts of the Declarant with respect to the approval or disapproval of any proposed
Improvement. No responsibility, liability or obligation shall be assumed by or imposed
upon Declarant by virtue of the authority granted to Declarant in this Section, or as a
result of any act or failure to act by Declarant with respect to any proposed
Improvement.
3. No part of any residence, except as hereinafter provided for Lots 1 thru 242,
may be erected or maintained on any of the Lots nearer to the front street right-of-way
("R.O.W.") than fifty (50) feet, nor nearer to the rear Lot line than seventy-five (75) feet,
nor nearer to the side Lot line than ten (10) feet. No part of any residence, except as
hereinafter provided for Lots 246 thru 294 nearer to the front street right-of-way
("R.O.W.") than fifty (50) feet, nor nearer to the rear lot line than fifty (50) feet, nor nearer
to the side Lot line than seven (7) feet. Provided, however, that Declarant shall have
and does hereby reserve the right with the consent in writing of the record owner of the
fee simple title to any such Lot, to change any building line on any such lot or lots, so
long as the change conforms to the Douglas County, Nebraska Zoning Ordinances.
4. a. Residences designed for construction on Lots 1 through 242 in West
Shores will be required to have the following minimum square footage; to wit:
(1) One story residences: 2,000 square feet of finished living area will
be required on ground level. (Main floor)
(2) One and one-half story residences: 2,400 square feet of finished
living area will be required above the basement level with at least 1,800
square feet of finished living area required on the first floor.
(3) Two story residences: 2,400 square feet of finished living area will
be required above basement level, with at least 1,400 square feet of
finished living area required on the first floor.
b. Residences designed for construction on all "point lots" with lake
frontages of 185 ft or larger will be required to have the following minimum square
footage; to wit:
(1) One story residences: 2,500 square feet of finished living area will
be required on ground level. (Main floor)
(2) One and one-half story residences: 2,800 square feet of finished
living area will be required above the basement level with at least
2,200 square feet of finished living area required on the first floor.
(3) Two story residences: 2,800 square feet of finished living area will
be required above basement level, with at least 1,600 square feet of
finished living area required on the first floor.
c. Residences designed for construction on Lots 246 through 294 in West
Shores will be required to have the following minimum square footage; to-wit:
(1) One story residences: 1,900 square feet of finished living area will
be required on ground level. (Main floor)
(2) One and one-half story residences; 2,200 square feet of finished
living area will be required above the basement level with at least
1,800 square feet of finished living area required on the first floor.
d. The phrase "finished living area" as used in this Section shall include in all
cases areas on the first and second floor of the residence enclosed and finished for all-
year occupancy computed on outside measurement of the residence. The term shall
not include any area in any basement, garage, porch or attic finished or unfinished. No
residence erected on any lot shall be more than two stories in height.
e. Each Residence shall include at least an attached two car garage.
5. No single-family residence shall be created, altered, placed or permitted to
remain on any Lot, other than one detached single-family dwelling, which does not
exceed two stories in height.
6. All exposed foundation walls must be covered with material such as brick,
stone, EFIS or material approved by (DRB). All driveways must be constructed of
concrete, brick, paving stone, or laid stone. Fireplace chimneys shall be covered with
materials approved by (DRB). The roof of all Improvements shall be covered with
Wood cedar shingles or shakes, slate, tile, or simulated shakes, of at least a 40 year
rated composition asphalt shingle of not less than 360 pounds per square, or other
material approved by (DRB). The minimum roof pitch allowed on ranch or one and
one-half story residences shall be 8/12. The residential siding types that shall not be
allowed are 4' X 8' - 4' X 9' vertical type panels and logs. Vinyl or steel lap siding is
allowed, however, only low sheen finishes are acceptable and must be approved by the
(DRB). The Residential colors allowed shall be earthtones as approved by (DRB).
7. Lot Grading/Grades
a. The first 40 feet of the rear lot line from the waters edge must remain
in sand.
b. All grades from the front line of the residence must drain to the street.
c. Erosion Control must be maintained during the construction period
and until vegetation is established on the lot, to avoid run off of
excavation and lot grading material to flow into the lake. A silt fence
must be installed at the rear of the Lot along the beach line, and must
be maintained during construction. All rear down spouts should be
discharged in an underground pipe to the water's edge. Any type of
wall or terrace installed to minimize beach erosion must be at least
forty (40) feet from the rear Lot line.
d. No excavation material shall be spread across any Lot in such a
fashion as to change the grade, contour or drainage of any Lot.
e. Retaining Walls. No railroad tie walls are permitted.
8. Run Off/Lake Pollution - Guidelines will be adapted and monitored by the
Homeowners Association.
9. No advertising signs, billboards, unsightly objects or nuisances shall be
erected, placed or permitted to remain on any Lot except one sign per Lot consisting of
not more than six (6) square feet advertising a lot or residence as "For Sale"; nor shall
the premises be used in any way for any purpose which may endanger the health or
unreasonably disturb the owner or owners of any Lot or any resident thereof.
10. No exterior television or radio antenna, satellite receiving dish in excess of
twenty-four (24) inches in diameter, or exterior solar heating or cooling device of any
sort shall be permitted on any Lot.
11. No repair of any boats, automobiles, motorcycles, trucks, campers or
similar vehicles requiring a continuous time period in excess of forty-eight (48) hours
shall be permitted on any Lot at any time: nor shall vehicles offensive to the
neighborhood be visibly stored, parked or abandoned on any Lot. No unused building
material, junk or rubbish shall be left exposed on the Lot except during actual building
operations, and then only in as neat and inconspicuous a manner as possible.
12. No boat, camper, trailer, auto-drawn or mounted trailer of any kind, mobile
home, truck, camper truck or similar chattel shall be maintained or stored on any part of
a Lot (other than within the Residence) for more than twenty (20) days within a calendar
year. No motor vehicles may be parked or stored outside on any Lot, except vehicles
driven on a regular basis by the occupants of the dwelling located on such Lot. No
grading or excavating equipment, tractors or semi-tractors/trailers shall be stored,
parked, kept or maintained in any yards, driveways or streets. However, this shall not
apply to trucks, tractors or commercial vehicles which are necessary for the
construction of residential dwellings or other Improvements during the period of
construction. All residential Lots shall provide at least the minimum number of off street
parking areas or spaces for private passenger vehicles.
13. No incinerator or trash burner shall be permitted on any Lot. No garbage or
trash can or container or fuel tank shall be permitted, except for pickup purposes. No
garden lawn or maintenance equipment of any kind whatsoever shall be stored or
permitted to remain outside of any dwelling, except when in actual use. No garbage,
refuse, rubbage or cutting shall be deposited on any street, road or Lot. No clothes line
shall be permitted outside of any dwelling at any time. Produce or vegetable gardens
may only be planted and maintained in rear yards.
14. Exterior lighting installed on any Lot shall either be indirect or of such a
controlled focus and intensity as not to disturb the residents of adjacent Lots.
15. All fences and landscaping must be approved by the (DRB) or its assigns.
Fence types not allowed are wood or chain link. Fence types allowed are iron, metal,
or PVC. Fences are allowed only on side yards from the front dwelling line to no nearer
than 75 feet from the rear lot line.
16. No above ground swimming pools are allowed.
17. Construction of any Improvement shall be completed within twenty-four (24)
months from the date of commencement of excavation or construction of the
Improvement.
18. Driveway approaches shall be constructed of concrete, brick or material
acceptable to (DRB). Should repair or replacement of such approach be necessary,
the repair or replacement shall also be of concrete, brick or material acceptable to
(DRB). No Asphalt overlay of driveway approaches will be permitted.
19. No out Buildings, no stable or other shelter for any animal, livestock, fowl or
poultry shall be erected, altered, placed or permitted to remain on any Lot, except for a
dog house; provided always that the construction plans, specifications and the location
of the proposed structure have been first approved by (DRB), or its assigns. Dog
houses shall only be allowed adjacent to the rear of the residence, concealed from
public view. No dog runs or kennels may be constructed or installed on any Lot without
the written permission of the Declarant. The plans proposed site location and
materials to be used in the construction of the dog runs or kennels shall be provided to
(DRB) for (DRB)'s review.
20. Any exterior air-conditioning condenser unit shall be placed in the rear yard
or any side yards so as not to be visible from public view. No grass, weeds or other
vegetation will be grown or otherwise permitted to commence or continue on any Lot so
as to constitute an actual or potential public nuisance, create a hazard or undesirable
proliferation, or detract from a neat and trim appearance. No dangerous, diseased or
otherwise objectionable shrubs or trees will be maintained on any Lot so as to
constitute an actual or potential public nuisance, create a hazard or undesirable
proliferation, or detract from a neat and trim appearance. Vacant Lots shall not be
used for dumping of earth or any waste materials, and no vegetation on vacant Lots
shall be allowed to reach a height in excess of twelve (12) inches. Lot maintenance
shall be the owners responsibility after Engineers certify that lots are buildable and
buyers have closed the sale of their lot.
21. No Residence shall be constructed on a Lot unless the entire Lot, as
originally platted, is owned by one owner of such Lot, except if parts of two or more
platted Lots have been combined into one Lot which is at least as wide as the
narrowest Lot on the original plat, and is as large in area as the largest Lot in the
original plat.
22. No structure of a temporary character, carport, trailer, basement, storage
shed, outbuilding or shack shall be erected upon or used on any Lot at any time, either
temporarily or permanently. Pool and bath houses may be approved by the Declarant
as an Improvement, pursuant to Paragraph 2 of this Article. No structure or dwelling
shall be moved from outside West Shores to any Lot.
23. Only those motor vehicles which are State registered and licensed will be
allowed to operate on the West Shores subdivision roads. All motorized vehicles must
have mufflers in good operating condition. Only authorized West Shores Lake and
Homeowners Association (the "Association") motorized vehicles will be permitted to
operate on nonhard surfaced common areas.
24. All hunting is prohibited without a special permit from the Association. Use
of firearms, BB guns and air rifles within the West Shores Subdivision is prohibited.
No fishing huts are allowed for ice fishing on the Lake within the West Shores
Subdivision.
25. There shall be allowed not more than two domestic pets per household.
Pets shall be restricted to the Owner's Lot, on a leash, or under direct control of their
Owner. All pet violations should be reported in writing to the Board of Directors of the
Association and the local Humane Society. Owners will be directly liable for any
damage or harm caused by unrestricted pets.
26. Camping over night is prohibited on all Lots which do not have a finished
residence on the Lot.
27. Operating snowmobiles, ATV's and other non-licensed motorized vehicles
("Non-Licensed Vehicles") on the common areas and streets within the West Shores
Subdivision other than on the frozen surface of the Lake is prohibited. Operating Non-
Licensed Vehicles on another Owner's Lot is prohibited. All Non-Licensed Vehicles
are subject to all applicable local and state laws, must be registered with the
Association, carry liability insurance and must display an Association sticker and Lot
number. Operating Non-Licensed Vehicles across occupied ice skating areas on the
Lake is prohibited. Non-Licensed Vehicles may be operated after sunset if equipped
with working headlights and taillights. The determination of whether or not the ice depth
is adequate for operating Non-Licensed Vehicles is the sole responsibility and liability
of the adult Owner of such vehicles.
28. Boats which are not in the water, boat trailers, recreational vehicles,
campers and other trailers must be removed from the Owner's Lot within 48 hours
unless stored in the garage of the residence. Boats on trailers may be parked in a
driveway during the 15 day period between April 15 and April 30 and October 15 and
October 30 when Owners are readying their boats for usage and/or storage.
Maintaining boats, boat trailers, recreational vehicles, campers and other trailers on the
Owner's Lot, other than as set forth herein, is strictly prohibited.
29. The Declarant grants each waterfront Lot Owner the privilege to install a
dock in the Lake in front of their respective Lot. All boat docks must be constructed
from a polyethylene, vinyl, fiberglass, aluminum or non-rusting material and shall not
extend more than 30 feet into the Lake from the Owner's Lake Lot line. The decking on
the boat docks can be made of redwood, vinyl or treated wood material. The plans for
all docks, showing their material, configuration and size, shall be approved by the DRB
or the Association prior to their installation. The boat lifts allowed will be those made of
aluminum, such as "Shore Station-Hewitt" etc., or of a non-rusting type of material as
approved by the Association, with white or gray canopy covers, or of a canopy color
approved by the Association. The plans for all boat lifts showing their size, materials,
colors and configuration, must be approved by the DRB or the Association prior to their
installation.
30. Boat Houses are prohibited.
31. Lot Owners are prohibited from using the Lake for boating unless
construction of their residence has commenced on their Lot and they have a dock and
boat lift in place.
32. Lot 243, West Shores, is zoned and designated as a Marina and
Commercial Center. Notwithstanding any provision contained herein to the contrary,
the owner and/or operator of the Marina on Lot 243, West Shores, is authorized under
these Covenants to operate such site as a Marina and Commercial Center, and in
operating such site as a Marina, the owner and/or operator of Lot 243 shall be
permitted to utilize the Lake in its operation of the Marina for the Owners and their
family and guests, for testing the boats of the Owners that are being repaired, for test
driving boats that Owners are considering purchasing and for other normal purposes
relating to the operation of the Marina for the Owners, and their family and guests.
ARTICLE II.
WEST SHORES LAKE AND HOMEOWNERS' ASSOCIATION
1. The Association. Declarant has caused the incorporation of the West
Shores Lake and Homeowners Association, Inc., a Nebraska not for profit corporation
(hereinafter referred to as the "Association"). The Association has as its purpose the
promotion of the health, safety, recreation, welfare and enjoyment of the West Shores
Lake and the West Shores Subdivision for the Lot Owners, and their family and guests.
The authority and purpose of the Association shall include the following:
a. The promulgation, enactment, amendment and enforcement of rules and
regulations relating to the use and enjoyment of the West Shores Lake and collecting
dues for the operation and maintenance of the Lake (the "Lake Rules and
Regulations"). The Declarant has established the initial Lake Rules and Regulations
for the West Shores Lake at the time of recording these Covenants.
b. While Declarant does not intend to provide common facilities, the
Association may in the future acquire, construct, landscape, improve, equip, maintain,
operate, repair, keep up and replace Common Facilities for the general use, benefit
and enjoyment of the Members. Common Facilities may include playgrounds and
parks; dedicated and nondedicated roads, pathways, entry areas and green areas;
and signs and entrances for the West Shores Subdivision. Common Facilities may be
situated on property owned or leased by the Association, on private property subject to
an easement in favor of the Association, or on public property.
c. The promulgation, enactment, amendment and enforcement of rules and
regulations relating to the use and enjoyment of any common Facilities, provided
always that such rules are uniformly applicable to all Members. The rules and
regulations may permit or restrict use of the Common Facilities by Members, their
families, their guests, and/or by other persons, who may be required to pay a fee or
other charge in connection with the use or enjoyment of any Common Facility.
d. The exercise, promotion, enhancement and protection of the privileges and
interests of the residents of the West Shores Subdivision; and the protection and
maintenance of the residential character of the West Shores Subdivision.
e. The enforcement of these Covenants and the Lake Rules and Regulations,
including the authority to bring the appropriate court action, including an action for a
temporary restraining order, preliminary injunction or permanent injunction enjoining
such violations.
2. Membership and Voting. The West Shores Subdivision is divided into 291
residential lots (referred to as the "Lots"). The "Owner" of each Lot shall be a Member
of this Association For purposes of this Declaration, the term "Owner" of a Lot means
and refers to the record owner, whether one or more persons or entities, of fee simple
title to a Lot, but excluding however those parties having any interest in any of such Lots
merely as security for the performance of an obligation (such as a contract seller, the
trustee or beneficiary of a deed of trust, or a mortgagee). The purchaser of a Lot under
a land contract or similar instrument shall be considered to be the "Owner" of the Lot for
purposes of this Declaration. Membership shall be appurtenant to ownership of each
Lot, and may not be separated from ownership of each Lot.
The owner of each Lot other than Declarant, whether one or more persons and
entities, shall be entitled to one (1) vote on each matter properly coming before the
Members of the Association.
Declarant shall be entitled to fifty (50) votes per Lot owned or sold to a
contractor for future construction of a home.
3. Purposes and Responsibilities. The Association shall have the powers
conferred upon not for profit corporations by the Nebraska Nonprofit Corporation Act,
and all powers and duties necessary and appropriate to accomplish the purposes and
administer the affairs of the Association. The powers and duties to be exercised by the
Board of Directors, and upon authorization of the Board of Directors by the Officers,
shall include but shall not be limited to the following.:
a. The acquisition, development, maintenance, repair, replacement,
operation and administration of the Lake, Lake amenities and Common
Facilities, and the enforcement of the rules and regulations regulating to
the Lake and Common Facilities.
b. The landscaping, mowing, watering, repair and replacement of parks
and other public property and improvements on parks, medians,
thoroughfares or public property within or near the West Shores
Subdivision.
c. The fixing, levying, collecting, abatement, and enforcement of all
charges, dues, or assessments made pursuant to the terms of this
Declaration.
d. The expenditure, commitment and payment of Association funds to
accomplish the purposes of the Association including, but not limited
to, payment for purchase of insurance covering any common Facility
against property damage and casualty, and purchase of liability
insurance coverages for the Association, the Board of Directors of
the Association and the Members.
e. The exercise of all of the powers and privileges, and the performance
of all of the duties and obligations of the Association as set forth in
this Declaration, as the same may be amended from time to time.
f. The acquisition by purchase or otherwise, holding, or disposition of
any right, title or interest in real or personal property, wherever
located, in connection with the affairs of the Association.
g. The deposit, investments and reinvestment of Association funds in
bank accounts, securities, money market funds or accounts, mutual
funds, pooled funds, certificates of deposit or the like.
h. The employment of professionals and consultants to advise and
assist the Officers and Board of Directors of the Association in the
performance of their duties and responsibilities for the Association.
The Board of Directors of the Association shall have the right to hire
a management company to manage and operate the Lake and/or
Common Facilities and to assist in the collection of dues.
i. General administration and management of the Association, and
execution of such documents and doing and performance of such
acts as may be necessary or appropriate to accomplish such
administration or management.
j. The doing and performing of such acts, and the execution of such
instruments and documents, as may be necessary or appropriate to
accomplish the purposes of the Association.
k. The exercise of any and all rights assigned to the Association by
Declarant including but not limited to the architectural control of the
improvements constructed in West Shores.
4. Mandatory Duties of the Association. The Association shall maintain and
repair any amenities such as the Lake, Lake amenities, fences, signage, monuments,
landscaping, recreational, etc. which have been or will be installed by Declarant along
the entrances and common areas of West Shores.
5. Imposition of Dues and Assessments. The Association may fix, levy and
charge the Owner of each Lot with dues and assessments (herein referred to
respectively as "dues and assessments") under the following provisions of this
Declaration. Except as otherwise specifically provided, the dues and assessments
shall be fixed by the Board of Directors of the Association and shall be payable at the
times and in the manner prescribed by the Board.
6. Abatement of Dues and Assessments. Notwithstanding any other provision
of this Declaration, the Board of Directors may abate all or part of the dues or
assessments due in respect of any Lot, and shall abate all dues and assessments due
in respect of any Lot during the period such Lot is owned by the Declarant or sold by
the Declarant to a contractor for future construction of a home.
7. Liens and Personal Obligations for Dues and Assessments. The
assessments and dues, together with interest thereon, costs and reasonable attorneys'
fees, shall be the personal obligation of the Owner of each Lot at the time when the
dues or assessments first become due and payable. The dues and assessments,
together with interest thereon, costs and reasonable attorneys' fees, shall also be a
charge and continuing lien upon the Lot in respect of which the dues and assessments
are charged. The personal obligation for delinquent assessments shall not pass to the
successor in title to the Owner at the time the dues and assessments become
delinquent unless such dues and assessments are expressly assumed by the
successors, but all successors shall take title subject to the lien for such dues and
assessments, and shall be bound to inquire of the association as to the amount of any
unpaid assessments or dues.
8. Purpose of Dues. The dues collected by the Association may be
committed and expended to accomplish the purposes of the Association described in
Section I of this Article, and to perform the Powers and Responsibilities of the
Association described in Section 3 of this Article.
9. Maximum Annual Dues. Unless excess dues have been authorized by the
Members in accordance with Section 10, below, the aggregate dues which may
become due and payable in any year shall not exceed the greater of
a. Four Hundred and no/100 dollars ($400.00) per lot per year.
b. In each calendar year beginning on January 1, 2002 one hundred
twenty-five percent (125%) of the aggregate dues charged in the
previous calendar year.
10. Assessments for Extraordinary Costs. In addition to the dues, the Board
of Directors may levy an assessment or assessments for the purpose of defraying, in
whole or in part, the costs of any acquisition, construction, reconstruction, repair,
painting, maintenance, improvement, or replacement of the Lake, Lake improvements
and amenities, and of any Common Facility, including fixtures and personal property
related thereto, and related facilities. The aggregate assessments in each calendar
year shall be limited in amount to Six Hundred and no/100 dollars ($600.00) per Lot.
11. Excess Dues and Assessments. With the written approval of sixty-six and
two-thirds percent (66 2/3%) of the Members of the Association, the Board of Directors
may establish dues and/or assessments in excess of the maximums established in this
Declaration.
12. Uniform Rate of Assessment. Assessments and dues shall be fixed at a
uniform rate as to all Lots, but dues may be abated as to individual Lots, as provided in
Section 5, above.
13. Certificate as to Dues and Assessments. The Association shall, upon
written request and for a reasonable charge, furnish a certificate signed by an officer of
the Association setting forth whether the dues and assessments on a specified Lot
have been paid to the date of request, the amount of any delinquent sums, and the due
date and amount of the next succeeding dues, assessment or installment thereof. The
dues and assessment shall be and become a lien as of the date such amounts first
become due and payable.
14. Effect of Nonpayment of Assessments - Remedies of the Association. Any
installment of dues or assessment which is not paid when due shall be delinquent.
Delinquent dues or assessment shall bear interest from the due date at the rate of
twelve percent (12%) per annum, compounded annually. The Association may bring an
action at law against the Owner personally obligated to pay the same, or foreclose the
lien against the Lot or Lots, and pursue any other legal or equitable remedy. The
Association shall be entitled to recover as a part of the action and shall be indemnified
against the interest, costs and reasonable attorneys' fees incurred by the Association
with respect to such action. No Owner may waive or otherwise escape liability of the
charge and lien provided for herein by nonuse of the Common Area or abandonment of
his Lot. The mortgagee of any Lot shall have the right to cure any delinquency of an
Owner by payment of all sums due, together with interest, costs and fees. The
Association shall assign to such mortgagee all of its rights with respect to such lien and
right of foreclosure and such mortgagee may thereupon be subrogated to any right of
the Association.
15. Subordination of the Lien to Mortgagee. The lien of dues and assessments
provided for herein shall be subordinate to the lien of any mortgage, contract or deed of
trust given as collateral for a home improvement or purchase money loan. Sale or
transfer of any Lot shall not affect or terminate the dues and assessment lien.
ARTICLE III.
WEST SHORES LAKE ASSOCIATION
1. Rules and Regulations. The Declarant has established the Lake Rules and
Regulations for the use of the Lake by the Owners and their guests. At the time Owner
purchases a Lot, the Owner shall receive the Lake Rules and Regulations for the use of
the Lake, and will acknowledge receipt of such Lake Rules and Regulations by
executing the appropriate receipt. All Owners and their guests are hereby notified that
they are bound by the Lake Rules and Regulations for the use of the West Shores Lake
established by the Declarant and/or Association, as such rules are now stated and
amended from time to time, and the provisions of these Covenants.
2. Restrictions and Covenants Pertaining to the use of the Lake. In addition to
the Restrictions and Covenants set forth in Article I hereof, the Declarant hereby
establishes the following restrictions and covenants pertaining to the use of the West
Shores Lake:
a. All boats operating on the Lake must comply with all the Lake Rules and
Regulations as well as Regulations established by the State of Nebraska
for boating.
b. All boats on the Lake must be owned by Lot Owners, registered with the
Association and contain the appropriate and current Association sticker.
No other boats shall be permitted on the Lake. All boats (power boats,
canoes, paddle boats, fishing boats, sail boats, etc.) must display the
Owner's Lot No. and the Association sticker in the size established by
the Association in a visible position on the starboard AFT (right rear)
side.
c. Inboard, Inboard-Outboard and Outboard motors are allowed. Air boats,
Jet Powered Boats, Jet Powered Watercraft classified as Jet Skis,
Wave Runners, or any other Jet Powered Personal Watercraft of any
brand, make or model, and Boats with above water exhaust systems are
prohibited.
d. Boat speeding on the Lake is prohibited. The Declarant and/or
Association shall establish the boat speed limit on the Lake and set forth
such maximum speed limit in the Lake Rules and Regulations. Speed in
the launching, marina, shore and dock areas is always NO WAKE, and
on the Lake proper between sundown and sunrise, is NO WAKE.
e. All boats and skiers, and others being pulled by a boat, must remain a
minimum of sixty (60) feet from the shore and/or boat lifts and docks.
f. In addition to the above restrictions and covenants, the use of the Lake
shall also be subject to the Lake Rules and Regulations, as amended
from time to time.
ARTICLE IV.
EASEMENTS
1. A perpetual license and easement is hereby reserved to erect and operate,
maintain, repair and renew buried or underground sanitary sewers, storm
sewers, water and gas mains and cables, lines or conduits and other electric
current for light, heat and power and for all telephone and telegraph and
message service and for the transmission of signals and sounds of all kinds
including signals provided by a cable television system and the reception on,
over, through, under and across land abutting boundary lines of the Lots as
platted and recorded.
ARTICLE V.
GENERAL PROVISIONS
1. Except for the authority and powers specifically granted to the
Declarant, the Declarant or any owner of a Lot named herein shall have the
right to enforce by a proceeding at law or in equity, all reservations,
restrictions, conditions and covenants now or hereinafter imposed by the
provisions of this Declaration either to prevent or restrain any violation or to
recover damages or other dues of such violation. Failure by the Declarant
or by any owner to enforce any covenant or restriction herein contained shall
in no event be deemed a waiver of the right to do so thereafter.
2. The covenants and restrictions of this Declaration shall run with and
bind the land in perpetuity. This Declaration may be amended by Declarant
in any manner which it may determine in its full and absolute discretion until
all Lots have been sold, or for a period of twelve (12) years from the date
hereof, whichever first occurs. Lots sold by Declarant shall not include Lots
sold to contractors for future construction of homes. Thereafter this
Declaration may be amended by an instrument signed by the Owners of not
less than seventy-five (75) percent of the Lots covered by this Declaration.
3. Century Development Company, L.L.C., or its successor or assign,
may terminate its status as Declarant under this Declaration, at any time, by
filing a Notice of Termination of Status as Declarant. Upon such filing,
Association may appoint itself or another entity, association or individual to
serve as Declarant, and such appointee shall thereafter serve as Declarant
with the same authority and powers as the original Declarant.
4. Invalidation of any covenant shall in no way affect any of the other
provisions hereof, which shall remain in full force and effect.
IN WITNESS WHEREOF, the Declarant has caused these presents to be
executed this day of , 2001.
CENTURY DEVELOPMENT COMPANY, L.L.C.,
a Nebraska limited liability company
By: F & J Enterprises, Inc., a Nebraska corporation, its
sole member
By:___________________________________
Frank R. Krejci, President
STATE OF NEBRASKA )
)ss.
COUNTY OF DOUGLAS )
On this day of , 2001, before me, the undersigned, a Notary
Public in and for the State of Nebraska, personally appeared Frank R. Krejci, to me
personally known, who being by me duly sworn, did say that he is the President of F & J
Enterprises, Inc., a Nebraska corporation, which is the sole member of Century
Development Company, L.L.C., a Nebraska limited liability company, executing the
foregoing instrument, that the instrument was signed on behalf of the corporation as a
member of and for Century Development Company, L.L.C., a Nebraska limited liability
company by authority of the limited liability company, and its member and that he as the
officer acknowledged execution of the instrument to be the voluntary act and deed of
the Corporation and the limited liability company by it and by the officer voluntarily
executed.
NOTARY PUBLIC IN AND FOR SAID STATE
FIRST AMENDMENT TO DECLARATION
OF COVENANTS, CONDITIONS, RESTRICTIONS
AND EASEMENTS OF WEST SHORES, A SUBDIVISION
IN DOUGLAS COUNTY, NEBRASKA
THIS FIRST AMENDMENT to the Declaration of Covenants, Conditions, Restrictions and Easements of West Shores, a Subdivision in Douglas County, Nebraska, dated February 15, 2001, and recorded on February 22, 2001 in Book 1370 at Pages 1-16 of the Miscellaneous Records of the Register of Deeds of Douglas County, Nebraska (the “Declaration”), is made on the date shown on the close of this instrument, by Century Development Company, L.L.C., a Nebraska limited liability company, who is the owner of the real property herein described and who is the Declarant under the Declaration.
W I T N E S S E T H:
WHEREAS, Declarant is the owner of certain property in Douglas County, Nebraska, which was made subject to the Declaration and is more particularly described as follows:
Lots 1 through 242 and 246 through 294 in West Shores, a Subdivision in Douglas County, Nebraska (the “Property”).
WHEREAS, Declarant desires to amend the Declaration and make the Property subject to the following amendments to the covenants, conditions, restrictions and easements set forth in the Declaration;
Return to: James E. Lang of Laughlin, Peterson & Lang, 11306 Davenport Street, Omaha, Nebraska 68154
NOW, THEREFORE, Declarant hereby declares that all of the Property hereinabove described shall be held, sold and conveyed subject to the following amendments to the easements, restrictions, covenants and conditions set forth in the Declaration and as amended herein, for the purpose of protecting the value and desirability of, and which shall run with all of said Property, and shall be binding on all parties having any right, title or interest in said Property or any part thereof, and their heirs, successors and assigns, and shall inure to the benefit of each owner thereof.
The Declaration is amended as follows:
1. Article I, subparagraph 2(b) shall be amended in its entirety to read as follows:
b. (DRB) shall review such plans in relation to the type and exterior of improvements constructed, or approved for construction, on neighboring Lots and in the surrounding area, and any general scheme or plans formulated by Declarant. In this regard, Declarant intends that the Lots shall be a developed residential community with homes constructed of high quality materials. No pre-manufactured homes of any kind, other atypical improvements and home designs such as dome houses, A-frame houses, and log houses will be allowed. The decision to approve or refuse approval of a proposed Improvement shall be exercised by Declarant to promote development of the Lots and to protect the values, character and residential quality of all Lots. If Declarant determines that the proposed Improvement will not protect and enhance the integrity and character of all the Lots and neighboring lots as a quality residential community, Declarant may refuse approval of the proposed Improvement.
2. Article I, Subparagraph 6, shall be amended in its entirety to read as follows:
6. All exposed foundation walls must be covered with material such as brick, stone, EFIS or material approved by (DRB). All driveways must be constructed of concrete, brick, paving stone, or laid stone. Fireplace chimneys shall be covered with materials approved by (DRB). The roof of all Improvements shall be covered with Wood cedar shingles or shakes, slate, tile, or simulated shakes, of at least a 40 year rated composition asphalt shingle of not less than 360 pounds per square, or other material approved by (DRB). The minimum roof pitch allowed on ranch or one and one-half story residences shall be 6/12. The residential siding types that shall not be allowed are 4' X 8' - 4' X 9' vertical type panels and logs. Horizontal vinyl, steel, wood, or concrete lap siding is allowed so long as such lap siding does not exceed eight inches where exposed to weather, with only low sheen finishes being acceptable which must be approved by the (DRB). The Residential colors allowed shall be earthtones as approved by (DRB).
3. Article I, Subparagraph 15, shall be amended in its entirety to read as follows:
15. All fences and landscaping must be approved by the (DRB) or its assigns. Fence types not allowed are wood or chain link. Fence types allowed are iron, metal, or PVC. Fences are allowed only on side yards from the front dwelling line to no nearer than 75 feet from the rear lot line not to exceed six feet in height.
4. Article II, Subparagraphs 10 and 11, shall be amended in their entirety to read as follows:
10. Assessments for Extraordinary Costs. In addition to the dues, the Board of Directors may levy an assessment or assessments for the purpose of defraying, in whole or in part, the costs of any acquisition, construction, reconstruction, repair, painting, maintenance, improvement, or replacement of the Lake, Lake improvements and amenities, and of any Common Facility, including fixtures and personal property related thereto, and related facilities. The aggregate assessments in each calendar year shall be limited in amount to One Thousand and no/100 dollars ($1,000.00) per Lot.
11. Excess Dues and Assessments. With the written approval of sixty percent (60%) of the Members of the Association, the Board of Directors may establish dues and/or assessments in excess of the maximums established in this Declaration.
5. Except as otherwise amended herein, all of the terms and conditions of the original Declaration shall remain in full force and effect as stated.
IN WITNESS WHEREOF, the undersigned, being the owner of all of the Property and being the Declarant, hereby adopts this first amendment to the Declaration for the Property described herein on this _____ day of October 2001.
CENTURY DEVELOPMENT COMPANY, L.L.C.
a Nebraska limited liability company,
By: F & J Enterprises, Inc., a Nebraska corporation, its sole member,
By: _________________________________________
Frank R. Krejci, President
STATE OF NEBRASKA )
)ss:
COUNTY OF DOUGLAS )
On this ______ day of ____________________, 2001, before me, the undersigned, a Notary Public in and for the State of Nebraska, personally appeared Frank R. Krejci, to me personally known, who being by me duly sworn, did say that he is the President of F & J Enterprises, Inc., a Nebraska corporation, which is the sole member of Century Development Company, L.L.C., a Nebraska limited liability company, executing the foregoing instrument, that the instrument was signed on behalf of the corporation as a member of and for Century Development Company, L.L.C., a Nebraska limited liability company by authority of the limited liability company, and its member and that he as the officer acknowledged execution of the instrument to be the voluntary act and deed of the Corporation and the limited liability company by it and by the officer voluntarily executed.
________________________________________
Notary Public in and for said State
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SECOND AMENDMENT TO DECLARATION
OF COVENANTS, CONDITIONS, RESTRICTIONS
AND EASEMENTS OF WEST SHORES, A SUBDIVISION
IN DOUGLAS COUNTY, NEBRASKA
THIS SECOND AMENDMENT to the Declaration of Covenants, Conditions, Restrictions and Easements of West Shores, a subdivision in Douglas County, Nebraska, dated February 15, 2001, and recorded on February 22, 2001 in Book 1370 at Pages 1-16 of the Miscellaneous Records of the Register of Deeds of Douglas County, Nebraska (the “Declaration”), is made on the date shown on the close of this instrument, by Century Development, L.L.C., a Nebraska limited liability company, who is the owner of the real property herein described and who is the Declarant under the Declaration.
WITNESSETH:
WHEREAS, Declarant is the owner of certain property in Douglas County, Nebraska, which was made subject to the Declaration and is more particularly described as follows:
Lots 1 through 242 and 246 through 294 in West Shores, a Subdivision in Douglas County, Nebraska (the “Property”).
WHEREAS, Declarant desires to amend the Declaration and make the Property subject to the following amendments to the covenants, conditions, restrictions and easements set forth in the Declaration:
Return to: Century Development, 3323 North 107th Street, Omaha, NE 68134
NOW, THEREFORE, Declarant hereby declares that all of the Property hereinabove described shall be held, sold and conveyed subject to the following amendments to the easements, restrictions, covenants and conditions set forth in the Declaration and as amended herein, for the purpose of protecting the value and desirability of, and which shall run with all of said Property, and shall be binding on all parties having any right, title or interest in said Property or any part thereof, and their heirs, successors and assigns, and shall inure to the benefit of each owner thereof.
The Declaration is amended as follows:
1. Article I, subparagraph 6 shall be amended in its entirety to read as follows:
6. All exposed foundation walls must be covered with material such as brick, stone, EFIS, or material approved by (DRB). All driveways must be constructed of concrete, brick, paving stone, or laid stone. Fireplace chimneys shall be covered with materials approved by (DRB). The roof of all Improvements shall be covered with Wood cedar shingles or shakes, slate, tile, simulated shakes, composition asphalt shingles of not less than 360 pounds per square, or other material approved by (DRB). The minimum roof pitch allowed on ranch or one and one-half story residences shall be 6/12. The residential siding types that shall not be allowed are 4’ X 8’ – 4’ X 9’ vertical type panels and logs. Horizontal vinyl, steel, wood, or concrete lap siding is allowed so long as such lap siding does not exceed eight inches where exposed to weather, with only low sheen finishes being acceptable which must be approved by the (DRB). The Residential colors allowed shall be earthtones as approved by (DRB).
2. Except as otherwise amended herein, all of the terms and conditions of the original Declaration shall remain in full force and effect as stated.
IN WITNESS WHEREOF, the undersigned, being the owner of all the Property and being the Declarant, hereby adopts this second amendment to the Declaration for the Property described herein on this day of November, 2002.
CENTURY DEVELOPMENT COMPANY, L.L.C.,
A Nebraska limited liability company,
By: F & J Enterprises, Inc., a Nebraska corporation, its sole member,
By:
Frank R. Krejci, President
STATE OF NEBRASKA )
) ss:
COUNTY OF DOUGLAS )
On this day of , 2002, before me, the undersigned, a Notary Public in and for the State of Nebraska, personally appeared Frank R. Krejci, to me personally known, who being by me duly sworn, did say that he is the President of F & J Enterprises, Inc., a Nebraska limited liability company, executing the foregoing instrument, that the instrument was signed on behalf of the corporation as a member of and for Century Development Company, L.L.C., a Nebraska limited liability company by authority of the limited liability company, and its member and that he as the officer acknowledged execution of the instrument to be the voluntary act and deed of the Corporation and the limited liability company by it and by the officer voluntarily executed.
Notary Public in and for said State
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THIRD AMENDMENT TO DECLARATION
OF COVENANTS, CONDITIONS, RESTRICTIONS
AND EASEMENTS OF WEST SHORES, A SUBDIVISION
IN DOUGLAS COUNTY, NEBRASKA
THIS THIRD AMENDMENT to the Declaration of Covenants, Conditions, Restrictions and Easements of West Shores, a Subdivision in Douglas County, Nebraska, dated February 15, 2001, and recorded on February 22, 2001 in Book 1370 at Pages 1-16 of the Miscellaneous Records of the Register of Deeds of Douglas County, Nebraska as amended by the First Amendment to the Declaration of Covenants, Conditions, Restrictions and Easements of West Shores, a Subdivision in Douglas County, Nebraska dated October 9, 2001 and recorded on October 11, 2001 in Book 1402 at Pages 643-646 of the miscellaneous records of the Register of Deeds of Douglas County, Nebraska, and amended by the Second Amendment to Declaration of Covenants, Conditions, Restrictions and Easements of West Shores, a Subdivision in Douglas County, Nebraska, dated November 21, 2002 and recorded on January 23, 2003 in Book 1488 at Pages 454-456 of the miscellaneous records of the Register of Deeds of Douglas County, Nebraska (together the “Declaration”), is made on the date shown on the close of this instrument, by Century Development Company, L.L.C., a Nebraska limited liability company, who is the owner of lots within the West Shores Subdivision and who is the Declarant under the Declaration.
W I T N E S S E T H:
WHEREAS, Declarant is the owner of lots within the West Shores Subdivision and is the Declarant under the Declaration, and has the right to amend the Declaration under Article V of the Declaration; and
WHEREAS, Declarant desires to amend the Declaration and make the Property subject to the following amendment to the covenants, conditions, restrictions and easements set forth in the Declaration; and
Return to: James E. Lang of Laughlin, Peterson & Lang, 11718 Nicholas Street, Suite 101 Omaha, Nebraska 68154
WHEREAS, this Third Amendment to the Declaration shall apply to all of the lots within the West Shores Subdivision which are subject to the Declaration, which are described as follows:
Lots 1 through 242 and 246 through 294 in West Shores, a Subdivision in Douglas County, Nebraska (the “Property”).
NOW, THEREFORE, Declarant hereby declares that all of the Property hereinabove described shall be held, sold and conveyed subject to the following amendment to the easements, restrictions, covenants and conditions set forth in the Declaration and as amended herein, for the purpose of protecting the value and desirability of, and which shall run with all of said Property, and shall be binding on all parties having any right, title or interest in said Property or any part thereof, and their heirs, successors and assigns, and shall inure to the benefit of each owner thereof.
The Declaration is amended as follows:
1. Article I, subparagraph 15 shall be amended in its entirety to read as follows:
15. All fences and landscaping must be approved by the (DRB) or its assigns. Fence types not allowed are wood or chain link. Fence types allowed are iron, metal, or PVC. Fences are allowed only on side yards from the front dwelling line to no nearer than 75 feet from the rear lot line, except for fences which are installed to enclose an in ground swimming pool (the “Pool Fence”) which is constructed on the lot and which Pool Fence and the related pool improvements shall be subject to the following requirements:
(a) Pool Fences are allowed to extend only on the side yards from the point 75' from the rear lot line which is the point of the existing permitted fence line under this subparagraph along the side yard to a point no nearer than 50' from the rear lot line, however, the DRB shall have the right in its sole discretion to approve a side yard Pool Fence at a location between the side yard and up to a distance 15' from and parallel to such side yard, depending on the plan. The retaining wall to the rear of the pool can be no higher than 36" and shall be a “non-climbable” retaining wall. Where necessary, the appropriate fence, for safety purposes, shall be installed at the top of the retaining wall which fence height and materials shall be subject to the provisions of this subparagraph.
(b) The only type of fencing allowed for the Pool Fence from the point 75' from the rear lot line to 50' from the rear lot line is a non-privacy wrought iron or similar PVC fencing approved by the DRB.
(c) No fence of any type will be allowed nearer than 50' from the rear lot line.
(d) Concrete, brick and stone piers and metal/PVC fence posts are allowed within the area from 75' from the rear lot line to 50' from the rear lot line, however, such concrete, brick and stone piers and metal/PVC fence posts can have a width no larger than two feet by two feet, be no closer than 10 feet apart and have a height of not more than six feet.
(e) A maximum height of the fence within the area from 75' from the rear lot line to 50' from the rear lot line shall be a 72" high fence.
(f) Any permanent structure that is around the in ground pool or pool deck can be no taller than 36" from the ground level (i.e. pool ladders, diving boards, fountains, water falls, shrubs, or planted pots).
(g) The fencing to the rear of the pool can be no closer than 50' from the rear lot line and together with the retaining wall, cannot be any higher than 72", which fence shall also meet the same material and approval requirements of the Pool Fence described in this subparagraph.
(h) The closest the pool can be from the side yard lot line is 20' and from the rear lot line is 60'.
(i) All pools must have a leak detection device or a monitoring well installed to detect any pool leaks. No pool can be drained through the residential grinder system, nor to the lake, street, storm sewer or drainage ditch. The property owner must drain the pool by using a tank truck.
(j) Prior to constructing the in ground pool, the owner must first deliver two (2) sets of construction plans, landscaping plans and site plans with the grade elevations to the DRB pursuant to Article I, Paragraph 2 of the Declaration for approval. The plans must show the pool location, pool fence, retaining wall, landscaping and all improvements related to the pool along with a description of the materials used, the dimensions of all improvements and the location of all improvements. An example of an in ground pool plan consistent with these requirements is attached hereto as Exhibit “A”.
2. Except as otherwise amended herein, all of the terms and conditions of the Declaration, as previously amended, shall remain in full force and effect as stated.
IN WITNESS WHEREOF, the undersigned, being the owner of all of the Property and being the Declarant, hereby adopts this first amendment to the Declaration for the Property described herein on this _____ day of __________________, 2005.
CENTURY DEVELOPMENT COMPANY, L.L.C.,
a Nebraska limited liability company,
By: F & J Enterprises, Inc., a Nebraska corporation,
its sole member,
By: ______________________________________
Frank R. Krejci, President
STATE OF NEBRASKA )
)ss:
COUNTY OF DOUGLAS )
On this ______ day of ____________________, 2005, before me, the undersigned, a Notary Public in and for the State of Nebraska, personally appeared Frank R. Krejci, to me personally known, who being by me duly sworn, did say that he is the President of F & J Enterprises, Inc., a Nebraska corporation, which is the sole member of Century Development Company, L.L.C., a Nebraska limited liability company, executing the foregoing instrument, that the instrument was signed on behalf of the corporation as a member of and for Century Development Company, L.L.C., a Nebraska limited liability company by authority of the limited liability company, and its member and that he as the officer acknowledged execution of the instrument to be the voluntary act and deed of the Corporation and the limited liability company by it and by the officer voluntarily executed.
________________________________________
Notary Public in and for said State
F:\AGREES\REAL\West Shores.3rdamd.wpd
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FOURTH AMENDMENT TO DECLARATION
OF COVENANTS, CONDITIONS, RESTRICTIONS
AND EASEMENTS OF WEST SHORES, A SUBDIVISION
IN DOUGLAS COUNTY, NEBRASKA
THIS FOURTH AMENDMENT to the Declaration of Covenants, Conditions, Restrictions and Easements of West Shores, a subdivision in Douglas County, Nebraska, dated February 15, 2001, and recorded on February 22, 2001 in Book 1370 at Pages 1-16 of the Miscellaneous Records of the Register of Deeds of Douglas County, Nebraska as amended by the First Amendment to the Declaration of Covenants, Conditions, Restrictions and Easements of West Shores, a Subdivision in Douglas County, Nebraska dated October 9, 2001 and recorded on October 11, 2001 in Book 1402 at Pages 643-646 of the miscellaneous records of the Register of Deeds of Douglas County, Nebraska, and amended by the Second Amendment to Declaration of Covenants, Conditions, Restrictions and Easements of West Shores, a Subdivision in Douglas County, Nebraska, dated November 21, 2002 and recorded on January 23, 2003 in Book 1488 at Pages 454-456 of the miscellaneous records of the Register of Deeds of Douglas County, Nebraska and amended by the Third Amendment to Declaration of Covenants, Conditions, Restrictions and Easements of West Shores, a Subdivision in Douglas County, Nebraska, dated September 8, 2005 and recorded on September 19, 2005 as Instrument Number 2005117114 in the office of the Register of Deeds of Douglas County, Nebraska (together the “Declaration”), is made on the date shown on the close of this instrument, by Century Development, L.L.C., a Nebraska limited liability company, who is the owner of the real property herein described and who is the Declarant under the Declaration.
WITNESSETH:
WHEREAS, Declarant is the owner of certain property in Douglas County, Nebraska, which was made subject to the Declaration and is more particularly described as follows:
Lot 1, West Shores Replat 2, being a replat of Lots 178 and 179, West Shores; and Lots 1 through 177, Lots 180 through 242, and Lots 246 through 294, West Shores, both being subdivisions in Douglas County, Nebraska (Property).
WHEREAS, Declarant desires to amend the Declaration and make the Property subject to the following amendments to the covenants, conditions, restrictions and easements set forth in the Declaration:
NOW, THEREFORE, Declarant hereby declares that all of the Property hereinabove described shall be held, sold and conveyed subject to the following amendments to the easements, restrictions, covenants and conditions set forth in the Declaration and as amended herein, for the purpose of protecting the value and desirability of, and which shall run with all of said Property, and shall be binding on all parties having any right, title or interest in said Property or any part thereof, and their heirs, successors and assigns, and shall inure to the benefit of each owner thereof.
The Declaration is amended as follows:
1. Article I, Paragraph 2(a) shall be amended in its entirety to read as follows:
a. An Owner desiring to erect an Improvement to any Lot shall deliver two sets of construction plans, landscaping plans and site plans with grade elevations showing drainage (herein collectively referred to as the “plans”) to the DRB with a $250.00 nonrefundable review fee and a $2,500.00 construction impact deposit made payable to the West Shores Homeowners Association (the “Association”). DRB shall transmit the construction impact deposit to Association within three (3) days of receipt. Such plans shall include a description of type, quality, color and use of materials proposed for the exterior of such improvement. Concurrent with submission of the plans, Owner shall notify the DRB of Owner’s mailing address. The construction impact deposit will be deposited into Association’s operating account and any interest shall accrue for the benefit of Association only. If, in the sole and absolute discretion of DRB or Association, Owner or its employees, independent contractors, successors or assigns, fail to adequately maintain Owner’s Lot and surrounding areas free of debris, construction materials, dirt and other impacts from said construction, then the construction impact deposit may be used by DRB or Association, in their sole and absolute discretion, for upkeep and maintenance of the Owner’s Lot and surrounding Lots which may be impacted by construction activities on Owner’s Lot, which may include but is not limited to the following: removing trash, installing silt fence, cleaning the street, removing silt and re-seeding surrounding lots. Owner, by submission of plans to DRB grants all necessary approvals, easements and licenses to DRB, Association and any of their respective representatives or contractors to carry out the intentions of this paragraph. In the event that DRB, in its sole and absolute discretion, or Association if appointed by DRB, undertakes any actions due to impact by construction activities from Owner’s Lot, Owner agrees to hold DRB, Association and their respective representatives and contractors harmless from any and all claims, demands, complaints, causes of action and liabilities relating thereto, from any persons whomsoever. Once construction activities are completed on Owner’s Lot, a certificate of occupancy is issued and all required sidewalks, sod and trees are installed, Owner shall be entitled to a refund of any remaining portion of the construction deposit that has not been utilized by DRB or Association.
2. Except as otherwise amended herein, all of the terms and conditions of the original Declaration shall remain in full force and effect as stated.
IN WITNESS WHEREOF, the undersigned, being the owner of all the Property and being the Declarant, hereby adopts this fourth amendment to the Declaration for the Property described herein on this 29th day of August, 2008.
CENTURY DEVELOPMENT COMPANY, L.L.C.,
A Nebraska limited liability company,
By: F & J Enterprises, Inc., a Nebraska corporation, its sole member,
By:
Frank R. Krejci, President
STATE OF NEBRASKA )
) ss:
COUNTY OF DOUGLAS )
On this day of , 2008, before me, the undersigned, a Notary Public in and for the State of Nebraska, personally appeared Frank R. Krejci, to me personally known, who being by me duly sworn, did say that he is the President of F & J Enterprises, Inc., a Nebraska limited liability company, executing the foregoing instrument, that the instrument was signed on behalf of the corporation as a member of and for Century Development Company, L.L.C., a Nebraska limited liability company by authority of the limited liability company, and its member and that he as the officer acknowledged execution of the instrument to be the voluntary act and deed of the Corporation and the limited liability company by it and by the officer voluntarily executed.
Notary Public in and for said State
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