City of Sikeston, MO
Scott County
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Table of Contents
Table of Contents
[R.O. 2009 §16.50.900]
The Sikeston DED Executive Board or the Board of Trustees shall have the right to enforce by proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Failure by the Sikeston DED Executive Board or the Board of Trustees to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. The Sikeston City Council retains and reserves all of its powers, either statutory or reposed by ordinance, to enforce, whether by legal or equitable remedies, any and all of the covenants, restrictions, rights or obligations herein contained.
[R.O. 2009 §16.50.901]
No lot, tract or parcel within Sikeston Business, Education and Technology Park shall be further subdivided by any owner and no portion less than all of any such lot, nor any easement or other interest therein shall be conveyed or transferred by an owner without the prior written approval of the Sikeston DED Executive Board of the Sikeston Business, Education and Technology Park. Any duly authorized newly created parcel thereafter shall be considered as one (1) lot.
[R.O. 2009 §16.50.902]
Invalidation of any of the covenants or restrictions in this Declaration, by judgment or court order, shall not affect any other provision of this Declaration and all provisions which have not been specifically invalidated shall be deemed to remain in full force and effect.
[R.O. 2009 §16.50.903]
The covenants and restrictions of this Declaration shall run with and bind the land from the date this Declaration is recorded. This Declaration may be amended by the City of Sikeston from time to time by instrument in writing executed by the Sikeston DED Executive Board and recorded in the office of the Recorder of Deeds of Scott County, Missouri; provided that such amendments shall affect and be binding only on those parcels, tracts or lots then owned or thereafter acquired by the City of Sikeston as part of the property. No amendment shall be effective until it is recorded in the deed records of Scott County, Missouri; and no amendment shall be deemed to have retrospective effect.
[R.O. 2009 §16.50.904]
Every act or omission whereby any provision of this Declaration relating to property use restrictions and property maintenance obligations is violated in whole or in part is hereby declared to be a nuisance and may be enjoined or abated by the Sikeston DED Executive Board, the Board of Trustees or by any owner; provided however, that only the Board of Trustees may enforce by self-help any of the provisions of these covenants. Any violation of State, municipal or local law, ordinance or regulation pertaining to the ownership, occupation or use of any property within Sikeston Business, Education and Technology Park is hereby declared to be a violation of this Declaration and shall be subject to the enforcement procedures set forth herein. Each remedy provided by this Declaration is cumulative and not exclusive.
[R.O. 2009 §16.50.905]
The Board of Trustees shall maintain one (1) or more bank accounts for the deposit of funds of the Board, whether raised by assessment or otherwise. In accordance with generally accepted accounting principles, the Board shall establish and keep books of account relating to the collection and disbursement of all Board funds and the books of account shall be available at all reasonable times for inspection by owners, members of the Board and by members and representatives of the City of Sikeston.
[R.O. 2009 §16.50.906]
The Board of Trustees may from time to time establish committees, advisory groups, associations, other groups composed of owners or their tenants, or both, under such terms and conditions and for such purposes as the Board may determine are beneficial to maintenance and management of the property within the Sikeston Business, Education and Technology Park; provided however, that the Board may not delegate a duty which is imposed upon the Board nor delegate power or authority which is or may be granted to the Board under the provisions of this Declaration.
[R.O. 2009 §16.50.907]
By executing and recording a supplement to this Declaration, the City of Sikeston shall have the right at any time before it has conveyed all of the land subject to this Declaration to render other lands also subject and subservient to the Declaration if such land is contiguous, adjoining or adjacent to the entire tract or some point thereof or is separated from the property only by a dedicated street.
[R.O. 2009 §16.50.908]
Any written notice or other documents relating to or required by this Declaration may be delivered either personally or by mail. If by mail, delivery shall be deemed to have occurred on the third (3rd) day after a copy of the notice or document has been deposited in the United States mail, postage prepaid, properly addressed to the intended recipient of the notice or document.
[R.O. 2009 §16.50.909]
This Declaration and the separate provisions thereof shall be construed and enforced in accordance with the laws of the State of Missouri and should any part of the Declaration be adjudicated, venue shall be proper only in the Circuit Court of Scott County, Missouri.