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S Declaration of Covenants, Conditions, and Restrictions Orange Co. Campus, Durham Technical Community College Property
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S Declaration of Covenants, Conditions, and Restrictions Orange Co. Campus, Durham Technical Community College Property
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Last modified
11/2/2015 11:23:07 AM
Creation date
11/2/2015 11:14:56 AM
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BOCC
Date
4/12/2005
Meeting Type
Regular Meeting
Document Type
Others
Agenda Item
8b
Document Relationships
2005 S Purchasing - Amend #3 to Purchase Agreement for Orange Co Campus of Durham Tech Community College
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\Board of County Commissioners\Contracts and Agreements\General Contracts and Agreements\2000's\2005
Agenda - 04-12-2005-8b
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\Board of County Commissioners\BOCC Agendas\2000's\2005\Agenda - 04-12-2005
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20060415000131490 R1C <br /> Bk:RB3721 P 517 <br /> 04/1612005 12:39: 0M 3123 <br /> library (as that use is generally understood). Parking lots and access drives as necessary are <br /> allowed as accessory to the campus or library uses, provided that parking shall be located on the <br /> interior of the Orange County Campus,DTCC Property so as not to be substantially visible from <br /> Waterstone Drive and College Park Road. <br /> ARTICLE 3 <br /> DEVELOPMENT REVIEW <br /> i <br /> 3.01. Development Approval. In conjunction with its development of the Waterstone <br /> Project, Declarant may in its sole discretion appoint an Architectural Control Committee (the <br /> "ACC"). No building, structure, or other improvement (including but not limited to drives, <br /> parking areas, utilities, landscaping, hardscaping, recreational facilities and the like) shall be <br /> erected, constructed,placed, altered (by addition or deletion) or maintained on any portion of the <br /> Orange County Campus, DTCC Property unless and until design and location documents are <br /> submitted to and approved in writing by Declarant or the ACC, pursuant to policies and <br /> procedures which may from time to time be adopted, promulgated or amended by the same. <br /> Notwithstanding that Declarant or the ACC might typically charge a reasonable development <br /> design review fee, no such fee shall be charged to any owner of the Orange County Campus, <br /> DTCC Property in conjunction with an application for design review on that Property. Approval <br /> by Declarant or the ACC under this Section 3.01 shall not be unreasonably withheld, and failure <br /> by Declarant or ACC(as applicable)to take action to either approve, deny or reject as inadequate <br /> any submittal of design and location documents as described herein, within thirty(30) days after <br /> submittal thereof, shall be deemed an approval of the same. Declarant or the ACC, by any <br /> failure to act, shall not be deemed to have waived, or granted any variances from, any Covenant <br /> contained in this Declaration. <br /> I <br /> 3.02 Interior Alterations. Notwithstanding any contrary provisions in this Article 3, <br /> interior improvements and alterations may be made within any building or other structure located <br /> on the Orange County Campus,DTCC Property,without first obtaining approval of Declarant or <br /> the ACC, except that approval of interior improvements or alterations shall still be required as <br /> otherwise required herein, where the improvements or alterations (i) would change the exterior <br /> appearance of a building or structure, (ii) would impair any easements, or (iii) would or might <br /> jeopardize or impair the safety, soundness, or structural integrity of a building or structure or of <br /> any other improvements located on the Orange County Campus,DTCC Property. <br /> 3.03 Purpose: Basis of Approval. The primary purpose of these Covenants and the <br /> foremost consideration in the origin of these Covenants has been the creation of a Waterstone <br /> Project which is aesthetically pleasing and functionally convenient. The establishment of strict <br /> objective standards relating to design, appearance, size and location of improvements would <br /> make it impossible to take full advantage of the individual characteristics of each parcel within <br /> the Waterstone Project and of technological advances and environmental values. Accordingly, <br /> approval of design and location documents shall be based upon Declarant's or the ACC's (as the <br /> case may be) subjective determination of what, in its discretion, is aesthetically pleasing and <br />
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