APPLICANT'S ACKNOWLEDGEMENT
I understand that I must receive the written approval of the Architectural Review Committee in order to proceed. Any modifications or alterations that are made without written approval are subject to costs incurred for the removal of unapproved modifications, fines and legal costs incurred regarding such modification.
Approval does not constitute approval of the local building or zoning department, drainage design or structural or engineering safety and/or soundness. I understand that I may be required to obtain building or other permits and approvals prior to the commencement of any work. I agree that my failure to obtain required building or other permits and approvals will result in the withdrawal of the Architectural Review Committee’s approval.
I further agree not to alter existing drainage patterns on the Lots without the express approval in writing from the Board of Directors.
Within 10 days of completion of my improvement, I will notify the ARC in writing. Upon completion of my improvement, I hereby authorize the ARC or its delegate to enter on my property for exterior inspection at a mutually agreed upon time, if requested. I agree that my failure to notify the ARC in writing of the completion of the improvement, or my refusal to allow inspection, shall result in the withdrawal of the approval.
I further agree that if, at any time during the process, the ARC requests to enter on the property or requests further information to determine if the improvement is being constructed in accordance with the approval plan and in compliance with the covenants, I will comply with the request. I agree that my failure to comply with the request shall result in withdrawal of the approval. I further understand that the Committee or the Association may request additional information prior to reviewing this request. In addition, I agree that my failure to start or complete the improvement within the time specified on the application shall result in withdrawal of the approval unless an extension is requested and approved in writing.
This request is subject to restrictions by the Declaration and By-Laws and a review process established by the Board of Directors. Any variation from the original application must be resubmitted for approval.
Any modification to the work approved under this application must be resubmitted to the ARC for approval; in the absence of which, approval of this application is automatically rescinded.
I acknowledge and agree that I will be solely liable for any claims, including without limitation, claims for property damage or personal injury, which result from the requested addition or modification. I/we hereby indemnify the Homeowners Association and the Committee from and against any and all such claims. Moreover, I/we accept responsibility for all maintenance, repairs and upkeep of said addition or modification.
Liability Release for Association Approved Modifications
The plans and specifications attached hereto and being submitted to the ARC for approval, the undersigned owner(s) hereby agree(s) that plans and specification submitted are not approved for engineering or structural design or quality of materials and by approving such plans and specifications the Declarant and/or the ARC and The Colony at Holbrook Home Owners Association, Inc. assumes no liability or responsibility for any defect of any structure constructed from such plans or specifications.
The undersigned owner(s) further agree(s) that neither the Declarant, the Association, nor the officers, directors, members, employees, nor any of the agents of any of them shall be liable in damages to anyone submitting plans and specifications to any of them for approval or to the undersigned owner by reason of mistake in judgment, negligence or nonfeasance arising out of or in connection with the approval or disapproval or failure to approve or disapprove any such plans or specifications. By submitting the plans and specifications attached hereto the undersigned owner(s) do(es) hereby release covenant not to sue or bring any action against Declarant, the architectural committee, the association or the officers, directors, members, employees and agents of any of them to recover any damages and hereby releases, remises, quitclaims and covenants not to sue for all claims demands and causes of action arising out of or in connection with any judgment, negligence or refinance and hereby waives the provisions on any law which provides that a general release does not extend to claims demands and clauses of actions not known at the time of release.
The undersigned owner(s) hereby acknowledge(s) that he or she is responsible for complying with any third-party easement setbacks, buffers and any other County requirements. Any approval of plans and specifications shall not entitle improvements to be built if otherwise prohibited by any third-party easements or other local, town, or state requirements. Owners are responsible for obtaining proper permits from the town for any improvements which require one.