Agenda - 04-12-2005-8b - Laserfiche WebLink

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g submitted to and approved in writing by Declazant or the ACC, pursuant to policies and procedures which may from time to time be adopted, promulgated or amended by the same. Notwit~rstattding that Declazant or the ACC might typically chazge a reasonable development design review fee, no such fee shall be charged to any owner of the Orange County Campus, DTCC Property in conjunction with an application for design review on that Property. Approval by Declazant or the ACC under this Section 3.01 shall not be unreasonably withheld, and failure by Declazant or ACC (as applicable) to take action to either approve, deny or reject as inadequate any submittal of design and location documents as described herein, within forty-five (45) days after submittal thereof, shall be deemed an approval of the same. Declarant or the ACC, by any failure to act, shall not be deemed to have waived, or granted any variances from, any Covenant contained in this Declazation. 3A2 Interior Alterations. Notwithstanding any contrary provisions in this Article 3, interior improvements and alterations may be made within any building or other structure located on the Orange County Campus, DTCC Property, without first obtaining approval of Declazant or the ACC, except that approval of interior improvements or alterations shall still be required as otherwise required herein, where the improvements or alterations (i) would change the exterior appeazance of a building or structure, (ii) would impair any easements, or (iii) would or might jeopazdize or impair the safety, soundness, or structural integrity of a building or structure or of any other improvements located on the Orange County Caznpus, DTCC Property. 3.03 Pumose; Basis of Apnrovah The primary purpose of these Covenants and the foremost consideration in the origin of these Covenants has been the creation of a Waterstone Project which is aesthetically pleasing and functionally convenient. The establishment of strict objective standards relating to design, appeazance, size and location of improvements would make it impossible to take full advantage of the individual characteristics of each pazcel within the Waterstone Project and of technological advances and environmental values. Accordingly, approval of design and location documents shall be based upon Declarant's or the ACC's (as the case may be) subjective determination of what, in its discretion, is aesthetically pleasing and acceptable for an improvement located on the Orange County Campus, DTCC Property, as that interpretation shall be guided by certain Orange County Campus, DTCC' Property Design Guidelines, which Guidelines aze attached hereto as Exhibit C, and incorporated herein by reference, and which Guidelines may be amended by Declazant or the ACC from time to time, exceptas prohibited herein. 3.04. Limitation of Liability. No approval of design and location documents and no publication of policies, procedures or design guidelines by Declazant or by the ACC (if such has been established) shalt be construed as representing or implying that improvements built in accordance therewith shall be free of defects. Any approvals of and observations regazding design and location documents incident to the provisions of this Article 3 shall be concerned solely with matters of an aesthetic nature and the satisfaction of the specific requirements set forth in this Declaration. Such approvals and guidelines shall in no event be construed as representing or guazanteeing that any improvements built in accordance therewith will be designed or built in a good and workmanlike manner, Neither Declazant, its partners, members, directors, officers, employees or agents, the ACC (if such is established), nor any of the members of the ACC shall be responsible or liable in damages or otherwise to anyone submitting design 230873A.05 1 B: CH