Agenda - 08-27-2012 - C1 - Laserfiche WebLink

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the prior written permission of the Declarant or of the Architectural Review Committee should Declarant no longer own any "Declarant's Property"; however, small cable television satellite dish(es) having a diameter not exceeding eighteen (18) inches may be mounted on the dwelling on the Lot or placed on the Lot without permission if,and only if, such dish(es)is/are mounted/placed in such manner as not - to be visible from the Streets in the Subdivision. 10. Fences and Walls. No fence or wall shall be erected or permitted to remain on Lot 21 without the express written permission of the Declarant. C. Easement to Repair and Maintain. If any Lot is not maintained, repaired and kept by the Owner(s) of such Lot in accordance with and in conformity with the terms and provisions contained in the Declaration, the Association is hereby granted an easement to enter onto and upon such nonconforming Lot and to perform and pay for such functions as may be necessary and/or required to bring such Lot into conformity with the terms and provisions of the Declaration, and to charge the Owner(s) of such Lot for the cost thereof, such cost being deemed to be an assessment hereunder, payable by the Owner within thirty (30) days after written demand therefore from the Association. D. Waiver of Violations. The Declarant, or the Architectural Review Committee should the Declarant no longer own any"Declarant's Property",shall have the power and right to waive any violation of the terms and provisions of the Declaration, such waiver to be in writing and to be recorded in the Office of the Register of Deeds of Durham County, North Carolina. Upon recordation of such waiver such violation shall be deemed thereafter not to exist. ARTICLE IX RESTRICTIONS ON USE OF PROPERTY BY DECLARANT Declarant hereby specifically excepts,excludes and reserves the following from each and every conveyance as if set out fully in each deed and instrument of conveyance executed and delivered by it to the Owner of a building site or living unit. A. Sales Activities. The Declarant shall have the right for itself, its successors and/or assigns, and the power to grant to one or more Contract Sellers or Builders the right to maintain sales and administration offices, construction offices or trailers and model homes with parking facilities on the Properties and to conduct sales activities and marketing therein and thereon, subject to approval by the appropriate Durham County zoning authority and/or its successor agency. B. Construction and Completion. The Declarant shall have the right, for itself, its successors and/or assigns, but not the obligation, (1) for itself, its successors and/or assigns, the power to grant to one or more Contract Sellers or Builders the right to construct and complete the construction of single-family residential homes, buildings, drives, lanes, road and all other improvements on the Properties; (ii) to repair and maintain the Common Areas; (iii) to use and excavate the surface and subsurface of the ground for the erection, construction and installation of improvements and foundations, footings,floorings and basements;(iv) to extend the drives, lanes, streets and roads located, or to be located, on the Properties: (v) to - lease or rent such residences; (vi) to sell, grant and convey title to purchasers such subsequently constructed residences; (vii) to use and occupy so much of the Properties as may be necessary for the construction,reconstruction, maintenance and operation of any of said residences, Lots and Common Areas and other improve- ments, including but not limited to,the right to locate, install, maintain and repair all utilities and utility lines necessary for such construction,reconstruction,maintenance 19