ARTICLE XVII
GENERAL PROVISIONS
17.1 Enforcement. This Declaration, the Articles of Incorporation and the By-laws may be enforced by the Association as follows:
(a) Breach of any of the covenants contained in the Declaration or the By-laws and the continuation of any such breech may be enjoined, abated or remedied by appropriate legal proceedings by an Owner, by the Association or the successor in interest of the Association. Any judgment rendered in any action or proceeding pursuant hereto shall include a sum for attorney’s fees in an amount as the Court may deem reasonable, in favor of the prevailing party, as well as the amount of any delinquent payment, interest thereon, costs of collection and court costs.
(b) The result of every act or omission whereby any of the covenants contained in this Declaration or the By-laws are violated in whole or in part is hereby declared to be and constitutes a nuisance, and every remedy allowed by law or equity against a nuisance, either public or private, shall be applicable against every such result and may be exercised by any Owner, by the Association or its successors in interest.
(c) The remedies herein provided for breach of the covenants contained in this Declaration or in the By-laws shall be deemed cumulative and none such remedies shall be deemed exclusive.
17.2 Severability. Invalidation of any one of these covenants or restriction by judgment or court order shall in no way affect any other provision, which shall remain in full force and effect.
17.3 Term. The covenants and restrictions of this Declaration shall run with and bind the Properties, and shall insure to the benefit of and be enforceable by the Association or the Owner of any land subject to this Declaration, their respective legal representatives, heirs, successors and assigns, perpetually, unless otherwise provided by an appropriate amendment.
17.4 Interpretation. The provision of this Declaration shall be liberally construed to effectuate its purpose of creating a uniform plan for the development of a residential community and for the maintenance of community recreational facilitates and the Common Area. The article and section headings have been inserted for convenience only and shall not be considered or referred to in resolving questions of interpretation or construction. Unless the context requires a contrary construction, the singular shall include the plural and the plural the singular; and the masculine, feminine and neuter shall each include the masculine, feminine and neuter.
17.5 Amendments. Except otherwise specifically provided for herein and subject to any rights of the VA or the FHA hereunder, this Declaration may be amended only by the affirmative vote or consent (can be either electronically or written) of the Owners holding not less than a majority of the voting power of the Members. Notwithstanding the foregoing, prior to the sale of the first Lot in the Properties. Declarant shall have the right to terminate or modify this Declaration by recordation of a supplement hereto setting forth such termination or modification in accordance with the laws of the State of Utah. For purposes of this Declaration the sale shall be deemed to be the date upon which a Deed conveying a Lot is recorded in the office of the Weber County Recorder. Notwithstanding anything to the contrary contained herein, Declarant reserves the right, by itself, to amend the Subdivision Plat or Plats and the Declaration as amended, from time to time, to provide to adjust the Lot lines and boundaries and the Common Area lines and boundaries to accommodate the building on said lots as actually constructed.
Provided further, however, this Declaration shall not be amended in such a manner that the rights of any first mortgagee will be adversely affected.
17.6 No Public Right or Dedication. Nothing contained in this Declaration shall be deemed to be a gift or dedication of all or any part of the Properties to the public or for any public use. (Except as shown on the recorded Plat).
17.7 Constructive Notice and Acceptance. Every person who owns, occupies or acquires any right, title, estate or interest in or to any Lot or other portion of the Properties does and shall be conclusively deemed to have consented and agree to every limitation, restriction, easement, reservation, condition and covenant contained herein, whether or not any reference to these restrictions is contained in the instrument by which such person acquired an interest in the Properties, or any portion thereof.
17.8 Reservation of Easements. Reciprocal easements are hereby reserved for the benefit of adjoining Lot Owners for the control, maintenance and repair of the utilities of adjoining Lot Owners. Declarant expressly reserves, for the benefit of all of the real property in the Properties and the Owners, reciprocal easements of access, ingress and egress over all Lots and over the common Area, for the use and enjoyment of the Lots in accordance with this Declaration, including without limitation, for installation and repair of utility services, for drainage over, across and upon adjacent Lots for water resulting from the normal use of adjoining lots, for maintenance and repair of any dwelling. Such easement may be used by Declarant, its successors, purchasers and all Owners, their guests, tenants and invitee, residing on or temporarily visiting the Properties, for the use and enjoyment of a Lot in the Project. No Owner of a Lot shall interfere with the established drainage pattern over his/her Lot from adjoining or other Lots. Each Owner of a Lot shall make adequate provisions for drainage in the event he/she changes the established drainage over his/her Lot. For proposes of this Declaration, “established drainage”, on any Lot is defined as the drainage pattern and facilities in existence at the time that such Lot in conveyed to a purchaser from Declarant. Declarant further expressly reserves, for the benefit of the Association, its agents and employees, easement of access, ingress and egress over the Lots and Common Area, for the purpose of maintaining, repairing and installing sewer pipelines and laterals in accordance with the provisions on this Declaration and as otherwise provided by law. Each of the Lots and structures thereon shall be and are subject to easements for utilities through, over, under and across said Lots and the structures thereon, including easements for the installation and maintenance of meters of such utilities.
17.9 Notices. Any notice permitted or required to be delivered, as provided herein, may be delivered as provided either personally or by mail, or electronic email. If delivery is made by mail, it shall be deemed to have been delivered seventy-two (72) hours after a copy of the same has been deposited in the United States mail, postage prepaid, addressed to any person at the address given by such person to the Association for the purpose of service of such notice or to the residence of such person if no address has been given to the Association. Such address may be changed, from time to time, by notice in writing or electronically to the Association.
17.10 No Representation or Warranties. No representations or warranties of any kind, express or implied, have been given or made by Declarant or his/her agent or employees in connection with the Properties or any portion of the Properties, or any improvements thereon, its physical condition, zoning, compliance with applicable laws, cost or maintenance, taxes or regulations thereof as a planned development, except as Declarant from time to time with the Utah Land Sales Practices Administration or Applicable Governmental Entity.