[R.O. 2009 §16.50.800]
Common areas shall be maintained and administered by the Board
of Trustees for the use and benefit of Sikeston Business, Education
and Technology Park, the owners and their respective employees, licensees
and invitees.
[R.O. 2009 §16.50.801]
The Board may establish such rules and regulations for the use
of common areas by owners and others as the Trustees deem appropriate
and shall have the right to enforce the same with the same authority
granted by these covenants.
[R.O. 2009 §16.50.802]
The Board shall establish standards of maintenance for the common
areas which shall be consistent with the intent of these restrictions
and shall maintain the same in accordance with such standards.
[R.O. 2009 §16.50.803]
A.
The Board
of Trustees may at any time take the following actions relating to
any common area owned, leased or otherwise held or controlled by the
Board or public right-of-way which is to be maintained by the Board:
1.
Reconstruct,
repair, replace or refinish any improvement or portion thereof upon
any such area.
2.
Construct,
reconstruct, repair, replace or refinish any road improvement or surface
upon any portion of such area used as a road, street, walk, driveway
or parking area.
3.
Replace
injured or diseased trees or other vegetation in any such area and
plant trees, shrubs, annuals and perennials and ground cover to the
extent that the Board deems necessary or desirable for the conservation
of water and soil and for aesthetic purposes.
4.
Place
or maintain upon any such area such signs as the Board may deem appropriate
for the proper identification, use and regulation thereof.
5.
Do all
other lawful acts which the Board deems necessary to preserve and
protect the property and the beauty thereof in accordance with the
general purpose and specified in this Declaration.
6.
The
Board shall be the sole judge as to the appropriate maintenance of
all ground within the common areas.
[R.O. 2009 §16.50.804]
In the event any portion of the common area is negligently or deliberately damaged or destroyed by an owner or his/her invitees, tenants, licensees, agents or employees, the owner shall be liable for all costs of repair and replacement. The Board of Trustees shall have the option to undertake repair and replacement and to charge owner with the cost. The costs of repair shall be paid by the owner to the Board upon demand and the Board may enforce collection of the costs in the same manner as provided in Article VIII of this Declaration for collection and enforcement of assessments.
[R.O. 2009 §16.50.805]
Easements are reserved as shown upon the recorded plat of Sikeston
Business, Education and Technology Park.
[R.O. 2009 §16.50.806]
A.
Every
owner shall have a right and easement of enjoyment in and to the common
area which shall be appurtenant to and shall pass with the title to
every lot, subject to the following provisions:
1.
The
right of the City of Sikeston to construct and maintain signs in the
common area.
2.
The
right of the Sikeston DED Executive Board to dedicate or transfer
any part of the common area to any governmental agency, authority
or public or private utility for utility or related purposes.
3.
The
right of the Sikeston DED Executive Board to promulgate and enforce
rules and regulations in connection with the use of the property,
consistent with the bylaws of the Board and the provisions of this
Declaration.
4.
An owner
may assign his/her right of enjoyment to the common area and facilities
to his/her tenants, guests and invitees, subject to such reasonable
rules and regulations as may be promulgated by the Board of Trustees.
