EditARTICLE 2 PROJECT PLAN
2.1 Project General Plan; Binding Effect. This Declaration is being Recorded to establish a general plan for the development, sale, lease and use of the Project in order to protect and enhance the value and desirability of the Project. Declarant declares that the Project shall be held, sold, and conveyed subject to this Declaration. By acceptance of a deed or by acquiring an interest in any portion of the Project, each Person, binds himself, his heirs, personal representatives, successors, transferees and assigns, and all Residents of his Lot, to all of the provisions, restrictions, covenants, conditions, and Rules now or hereafter imposed by this Declaration, without regard to whether the Declaration is referenced in the instrument of conveyance or encumbrance. In addition, each such Person by so doing thereby acknowledges that this Declaration sets forth a general scheme for the development, sale, lease and use of the Project and hereby evidences his interest that all restrictions, conditions and covenants contained in this Declaration shall run with the land and be binding on all subsequent and future Owners and their Lessees, transferees and assigns. Furthermore, each such Person fully understands and acknowledges that this Declaration shall be mutually beneficial, prohibitive and enforceable by the Association and all Owners. Declarant hereby covenants and agrees that the Lots and the membership in the Association and the other rights created by this Declaration shall not be separated or separately conveyed, and each shall be deemed to be conveyed or encumbered with its respective Lot even though the description in the instrument of conveyance or encumbrance may refer only to the Lot.
2.2 Disclaimer of Representations. Declarant makes no representations or warranties whatsoever that: (i) the Project will be completed in accordance with the plans for the Project as they exist on the date this Declaration is Recorded; (ii) any portion of the Project will be committed to or developed for a particular use or for any use, except that all such uses shall be consistent with the development of the Project for Single Family residential purposes; or (iii) the use of any portion of the Project will not be changed in the future.
2.3 Limitation of Liability. 2.3.1 Gates or other access control structures may be constructed in the Project. Each Owner, Resident and Invitee acknowledges that any such structure may restrict or delay entry into, or access within, the Project by the police, the fire department, ambulances and other emergency vehicles or personnel, and agrees to assume the risk of any such delayed or restricted entry. Neither Declarant, the Association, nor any member, director, officer, shareholder, employee, or agent thereof, shall be liable to any Owner, Resident or Invitee for any claims or damages resulting directly or indirectly, from the existence or maintenance of any gate or access control structure. In addition, neither Declarant, the Association, nor any member, director, officer, shareholder, employee, or agent thereof make any representations or warranties as to the efficacy of such access control structures, and shall have no liability for any claims or damage arising from the entry of any individual into the Project.
2.3.2 A part of the Project abuts the Granite Reef Aqueduct portion of the Central Arizona Project (the "Aqueduct"). Each Owner, Resident and Invitee acknowledges that the Project's proximity to the Aqueduct poses certain risks, including but not limited to, the risk of property damage from an overflow or breach of the Aqueduct, and the risk of personal injury (especially to children arising from playing on, in or near the Aqueduct). Neither Declarant, the Association, nor any member, director, officer, shareholder, employee, or agent thereof, shall be liable to any Owner, Resident or Invitee for any claims or damages resulting directly or indirectly, from the existence of the Aqueduct.