All of the provisions of this Declaration shall be deemed to be covenants running with the land, and shall be binding upon Shannon Valley Developments, and upon its successors and assigns.
This Declaration may be terminated and all of the land now or hereafter affected may be released from all of the terms and provisions thereof by owners of two-thirds of the area then subject thereto executing and acknowledging an appropriate agreement of agreements for that purpose and filing the same for record in the office of the Register of Deeds of Johnson County, Kansas.
By written consent of the owners of three-fourths of the area of the land within the district as then constituted, evidenced by a Declaration duly executed and acknowledged by such owners and recorded in the office of the Register of Deeds of Johnson County, Kansas, this instrument may be modified and amended, provided, however, that no right to exceed the maximum annual assessment herein provided for may be given.
Said Association shall at all times observe all State, County, City and other laws, and if at any time any of the provisions of this Declaration shall be found to be in conflict with such laws shall become null and void, but no other part of this Declaration not in conflict therewith shall be affected thereby. The Association shall have the right to make such reasonable rules and regulations, and provide such means and employ such agents as will enable it to adequately and properly carry out the provisions of this Declaration, subject, however, to the limitations of its rights to contract as are herein provided for.
Prior to the actual organization or incorporation of the Association contemplated by the terms of this Declaration, Shannon Valley Developments shall have the right at its option to perform the duties, assume the obligations, levy and collect the assessments, and otherwise exercise the powers herein given to the Association, in the same way and manner as though all of such powers and duties were herein given directly to Shannon Valley Developments. The Association contemplated by the terms of this Declaration shall not assume any of the rights herein provided for without the consent of Shannon Valley Developments and its relinquishment of its rights as temporary trustee.
The Association shall notify all owners of land in the district as it may exist from time to time, insofar as the addresses of such owners are listed with said Association, of the official address of said Association, the place and time of the regular meetings of the Association, and the place where payments shall be made and any other business in connection with said Association may be transacted, and in the case of any change of such address, the Association shall notify all the owners of the land in the district, insofar as their addresses are listed with the Association, of the new address.
The Association shall at no time expend more money within any one year than the total amount of the assessment for that particular year, or any surplus which it may have on hand from previous assessments; nor shall said Association enter into any contract whatsoever, binding the assessment of any future year to pay for any such obligation, and no such contract shall be valid or enforceable against the Association except for contracts for utilities; it being the intention that the assessment for each year shall be applied as far as practicable toward payment of the obligation of that year, and that the Association shall have no power to make a contract affecting the assessment of any future or subsequent…
(1) The assessment shall become a lien on the real estate against which it is levied as soon as it is due and payable as above set forth, provided , however, that such lien shall be inferior and subordinate to the lien of any valid first mortgage now existing or which may hereafter be placed on said real estate securing the payment of a loan which is insured or guaranteed by any agency of the United States Government. In the event of the failure of any owner to pay the assessment on or before the 30th day following the making of such assessment, then such assessment shall bear interest at the rate of eight percent per annum from the date…
(1) For the purpose of providing a general fund to enable the Association to exercise the powers, and maintain the improvements and render the services herein provided for, all land within the boundaries of the district except that land owned by Shannon Valley Developments or Mid-America Properties Corporation, in the first day of each fiscal year of the Association as hereinafter defined, shall be subject to an annual assessment which may be levied by the Association from year to year and shall be paid to the Association annually in advance by the respective owners of the assessable land subject thereto, which assessable land shall be deemed to be all of the above-enumerated lots in the aforesaid plat of Shannon Valley…
(1) The Association shall have the following powers and mandatory duties: (a) To care for, spray, trim, protect and replant trees on all streets and in other public places where trees have once been planted, when such services are not available from any public source; and to care for, protect and replant shrubbery, and re-sow grass and replace sod in the parks which are in the streets and in any parks set aside for the general use of the owners in the district, or to which such owners have access and the use thereof. (b) To provide for the maintenance of any tennis courts, playgrounds, pedestrian ways, gateways, entrances, drinking fountains, and ornamental features now existing or which may hereafter…