1.- Owner agrees to be fully responsible at Owner’s sole expense for any and all damages to Common Areas and/or neighboring Lots including, but not limited to, damage from delivery, construction or other vehicles or machinery. Access to construction areas is only to be allowed through Owner’s property.
2.- Owner agrees and understands that should the Owner desire to install any new improvement or landscaping within the boundary of a Lot, a drainage surface water plan prepared by a professional irrigation or engineering company certified to the Association will be required to accompany this application. Said water plan must certify that the proposed improvement or landscaping will not adversely affect the drainage and irrigation of the community, Common Areas and/or any adjacent Lots.
3.- Owner agrees and understands to be responsible for obtaining any necessary permits from the appropriate Building and Zoning Department(s) and all other applicable governmental authorities. Furthermore, the owner agrees to comply with the Association Documents including, but not limited to, the Declaration, in all respects.
4.- Owner agrees to remise, release, acquit, satisfy, and forever discharge “Developer”, “Management Co.”, and the “Association(s)” of and from all, and all manner of, action and actions, cause and causes of action, suits, debts, sums of money, accounts, bills, covenants,
controversies, agreements, promises, damages (including consequential, incidental, punitive, special or other), judgments, executions , claims, liabilities and demands, whatsoever, at law and in equity (including, but not limited to, claims founded on tort, contract, contribution, indemnity or any other theory whatsoever) in any way related to any previous representations made by “Developer”, “Management Co.”, and the “Association(s)”, and the construction of your requested improvements due to any defects to the marketability, ability to obtain a loan, and/or
insurability of your home caused therefrom; any encroachment caused by your requested improvements; and/or the repair, reconstruction or removal of the improvements as required by any governmental or court action.
5.- Owner agrees to defend, indemnify and hold harmless “Developer”, “Management Co.”, and the “Association(s)”, against any and all claims, costs (including without limitation reasonable attorney’s fees, paraprofessional fees and court costs at all levels), actions, liabilities and/or expenses in any way related to the construction of your requested improvements due to any defects to the marketability, ability to obtain a loan, and/or insurability of your home caused therefrom; any encroachment caused by your requested improvements; and/or the repair, reconstruction or removal of the improvements as required by any governmental or court action.
6.- Owner agrees, understands and acknowledges that failing to abide by the aforementioned will be deemed grounds for this request being DENIED.
