Agenda - 08-27-2012 - C2 - Laserfiche WebLink

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the prior written permission of the Declarant or of the Architectural Review Committee shauld Declarant no longer own any "Declarant's Property"; however; srnall ca61e television satellite dish{es) having a diameter not exceeding eighteen (I 8}inches may be mounted on the dwelling on the Lot Qr piaced an the Lot without permission if,and only if,such dish{es}islare mounted/placed in such manner as not - to be visible fram the Streets in the Subdivision. 10. Fences and Walis. No fence or waIl shall be erected or permitted to remain on Lot 21 without the e�ress r�rritten permission of the Declarant. C. Easement to Repair and Maintain. If any Lot is not maintained, repaired and kept by the _ Qwner(s) af such Lot in accordance with and in conforrnity with the terms and provisions contait�ed in the Declaration,#he Assaciatian is hereby granted an easement to enter onto and upan s�zch nonconforming Lot and to perform and pay for such functions as may be necessary and/or recjuired to bring such Lot into confarmity with the terms and provisions of the Declaration, and to charge the Owner{s} of such �..ot for the cost thereof, such cost being deemed to be an assessmenE hereunder, payable by the Owner within thirty {30) days after written demand therefore from the Association. D. Waiver of Violations. The Dectarant, or tF►e Azchitectural Review Cammittee should the Declarant nc� langer own any"Declarant's Property",shall have the power and right to waive any vir�iation of the terms and provisions of the Declaration, such waiver to be in writing and to be recorded in the 4ffice of the Register of Deeds of Durham County, Noz�th Carolina. - Upon recordatian of such waiver such violation shall be cfeemed thereafter not to exist. ARTICLE IX RESTRICTIONS�N USE OF PRC7PERTY BY DECLARANT D�clarant hereby specifically excepts,excludes and reserves the foliawing from each and every conveyance as if set out fuliy in each deed and instrument of conveyance executed and delivered by it tcr the Owner of a building site or living unit. A. Sales Activities. The Declarant shall have the right for itself, its snccessars andlor assigns,and the power ta grant to ane or more Contract Sellers or Builders the right to maintain sales and administration offices, construction aff"ices or ixailers and � madef hornes with parking facilities on the Properties and to conduct sales activ'rties and marketing therezn and thereon, subject to approval by the appropriate Durham Caunty zoning authority andJ or its successor agency. B. Construction and Completion. The Declarant shall have the right, for itself, its suecessors andlor assigns, but not the obligation, {i} for itself, its successors andlor assigns, khe power to grant to one or more �ontract Sellers or Builders the right to construct and complete the construction of singie-family resFdentiai hornes, buildings, drives, lanes, road and a11 other improvements on the Properties; {ii} to repair and maintain the Comman Areas; (iii) to use and excavate the surface and subsurface of the graund for the erection, construction and installation of improvements and foundations,footings,floarings and basements;{iv)to extend the drives, lanes, streets and roads loeated, or to be located, on the Properties: {v) to � lease or rent such residences; (vi) to sell, grant and canvey titte to purchasers such subsequently canstructed residences; {vii) to use and occupy so much af the Properties as may be neeessary far the consh-uctiozt,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 lacate,install,maintain and repair all utilities aad utility lines necessary for such construction,reconstruction,maintenance 14