Agenda - 04-20-2018 6-a - Major Subdivision Preliminary Plat Application

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3 Homeowners Association, Inc., may file suit for the same on behalf of all of the owners in the manner proscribed and in accordance with the provisions contained in the Restrictive Covenants. Notwithstanding the vote at the owners’ meeting, nothing in this Declaration of Restrictions shall be construed as denying any owner the right to see that the said roads are maintained to Class A standards. Any owner may require that the maintenance requirements be submitted to binding arbitration under the rules and regulations of the American Arbitration Association (as governed by the Uniform Arbitration Act of North Carolina, North Carolina General Statutes Section 1.567.1 et seq, as it may be from time to time amended) by notice mailed to all said record owners at their last known addresses by registered or certified mail, return receipt requested, by 5:00 p.m. on the second working day following the owners’ meeting. Unless such arbitration notice is timely and correctly sent, the vote of the majority of the owners shall be conclusive as to what maintenance shall be mandated by this Declaration of Restrictions. Article 4. The private roads located within said Property may be dedicated to the public at the election of the Declarant. In that event, the owners and their successors in title and interest to any of the Property shall remain responsible for road maintenance until such time as the private roads are taken over by the North Carolina Department of Transportation or other governmental body. It is possible that future development of the Property will require upgrading of the private roads providing access to the Property to either a higher private road standard or to North Carolina Department of Transportation standards. In the event that Orange County or any other governmental body, as a condition to the approval of any further subdivision of the Property, may require said private roads to be upgraded above a Class A standard or publicly dedicated and constructed to Department of Transportation standards, then in that event, Declarants and all persons taking title to the Property shall be responsible for maintenance and the costs of maintenance of the entire road system to the new standard on the point system described in Article 3. Provided, however, that the initial cost of construction the roads or any portion of the roads to a higher private road standard or to Department of Transportation standards shall be borne solely by the owners of the portion of said property, the subdivision of which requires that the road or any portion of it be upgraded. The cost of construction the road or any portion of it to a higher private road standard or to Department of Transportation Standards shall be borne by the owners responsible for the upgrading according to the system described in Article 3. In the event public dedication of the said private roads or any extension of the private road or portions thereof is required by Orange County, all persons taking title to the Property from and through Declarants shall dedicate to the public that portion of the road required to be dedicated. Article 5. In the event that extensions are made to the private roads within the Property, or to other property, or for utility access to other property, the costs of maintaining the entire road system shall be borne by all the record owners of any property served by the entire road system as set forth in Article 3; provided, however, that the initial costs of constructing any extension of the roads shall be borne solely by the owners of the portion of said property abutting said road extension as they may agree, or if they do not agree, then among them by the same point system as set out above. Article 6. This Agreement shall remain in full force and effect as to said roads or any portion thereof until such time as said roads or any portion thereof shall be taken over by the North Carolina Department of Transpiration for maintenance purposes, and any portion of said roads not so taken over by the North Carolina Department of Transportation shall remain subject to this Agreement. Declarants accept all liability related to the use and maintenance of said roads and agree to hold Orange County and the State of North Carolina harmless from such liability. Declarants acknowledge that some public services may not be provided to the lots abutting the said private roads due to the private nature of said roads. Article 7. This Agreement is to govern the maintenance of said roads when subject to ordinary use. If any owner liable under this Agreement shall cause any extraordinary wear and tear on said road by building, well drilling, or other heavy use, said owner shall be responsible to pay such extraordinary cots of maintenance as is caused by said use. If the responsibility for such extraordinary cots of maintenance is not agreed between the owners at an owners’ meeting 103