[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.
