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Avalon Park AVA O. PAR BOOK Residential Declaration of Protective Covenants and Restrictions KNOW ALL MEN BY THESE PRESENTS, That this Declaration of Covenants and Restrictions, made and entered into on this 1~~ day of , 1995, by HAYES DEVELOPMENT CORP., a Georgia Cor~ration, hereinafter referred to as Grantor, WI TNES SETH : WHEREAS, Grantor is the owner of the real property, (known as Avalon Park), described in Article I of this Declaration and desires to create thereon a community with cart paths, open spaces and other city facilities, and to this end, desires to subject the real property described in Article I, together with such additions as may hereinafter be made thereto (as provided in Article I), to the covenants, restrictions, easements, charges and liens hereinafter set forth, each and all of which is and are for the benefit of said property and each owner thereof; NOW THEREFORE, Grantor declares that the real property in Article I hereof, is and shall be held, transferred, conveyed and occupied subject to the covenants, restrictions and easements, (sometimes referred to as the "Covenants and Restrictions" or "Protective Covenants") hereinafter set forth. ARTICLE I PROP~RT¥.SUBJECT TO THIS DECLARATION Section 1. Existing Proper~y. The real property which shall be held, transferred, sold, conveyed and occupied subject to this Declaration shall be: ALL that tract or parcel of land lying and being in Land Lots 63 & 66 of the 7th District of Fayette County, Georgia, according to plat made for Hayes Development Corp. prepared by Jefferson Consultants dated February 14, 1995, of record in Plat Book 26, Page 13, Fayette County, Georgia records. Section 2. Additional Phases and $~¢t~on$ Qf Avalon Park. Additional phases of Avalon Park may, in the sole discretion of the Developer, become subject to this Declaration by recordation of additional declarations containing essentially the same substance as the instant indenture. Any subsequent Declarations of Protective Covenants and Restrictions shall interlock the rights of all members to the Association to the end that all rights resulting to members of the Association shall be uniform as between all units of Avalon Park. ARTICLE II Unless the context otherwise specifies or defined in Article II shall have the meaning specified. ner~n r_e~vely 1. BUILDING SETBACK ~INE. The term shall mean and refer to an imaginary line or lines parallel to any property line specifying the closest point from any property line that a building structure may be located. 2. MM~. The term shall mean and refer to the Architectural Control Committee (sometimes referred to as the "Committee" or "ARC"). 3. ~. The term shall mean and refer to this Declaration of Protective Covenants and Restrictions for Avalon Park. 4. DEVELOPMENT. The term shall mean and refer to Avalon Park, and any additions to this property as added by any supplemental Declaration. 5. FILE. The term shall mean and refer to, with reference to any subdivision map and any plat of survey, the filing for record of said map or plat in the Office of the Clerk of the Superior Court of Fayette County, Georgia. 6. GRANTOR AND/OR DEVELOPER AND/OR DECLARANT. and refer to Hayes Development Corp. and assigns. The term shall mean its successors and 7. IMPROVEMENTS. The term shall mean and refer to and include structures and construction of any kind, whether above or below the land surface, such as but not limited to, buildings, out-buildings, water lines, sewers, electrical and gas distribution facilities, parking areas, walkways, fences, mass plantings, entrance ways, gates, signs and mailboxes. 8. LESSEE. The term shall mean and refer to the Owner of a leasehold interest in a part of Avalon Park. 9 LIQENSEE. The term shall mean and refer to any person or entity having any right or rights with respect to real property in Avalon Park pursuant to a license granted by an Owner. 10. LQT. A subdivided portion of the property intended for individual ownership upon which one single-family home is to be constructed. 11. ~IVING AREA. The term shall mean and refer to those heated and air conditioned areas which are completely finished as living area and which shall not include garages, porches, patios, storage areas, basements or finished bonus rooms. 12. OCCUPANT. The term shall mean and refer to any person or entity who occupies a part of Avalon Park and is not an Owner, Lessee or Licensee. 13. QWN~R. The term shall mean and refer to the holder of record of fee title to all or part of Avalon Park. 14. RECQRD QR RECORDED. The term shall mean and refer to, with respect to any document, the recordation of said document in the Office of the Clerk of the Superior Court of Fayette County, Georgia. 15. SIGN. The term shall mean and refer to any structure and all parts thereof which are erected or used for advertising or display. 16. THE PROPERTIES. The term shall mean and refer to all such existing properties, and additions thereto, as are subject to this Declaration or any supplemental Declaration under the provisions of Article I hereof. ' BO0 9$3P GE 3i3 2 AR' C ,E 800K 953P ,6£ 3i 4 PROHIBITED USES AND VARIANCES Section 1. L~n~ Use and Building Type. No site shall be used except for residential purposes. When the construction of any building is once begun, work thereof shall be pursued diligently and continuously until the full completion thereof. The structures must be completed in accordance with said plans and specifications approved by the Committee upon each lot unless such completion is rendered impossible as the direct result of strikes, fires, national emergencies or natural calamities. Section 2. property Maintenance, Repair O~ Buildings. Ail lots, whether occupied or unoccupied, and any buildings or other improvements placed thereon, shall at all times be maintained in accordance with all health, fire, police and governmental requirements and in such a manner as to prevent their becoming unsightly, i.e., by reason of unattractive growth or' the accumulation of rubbish or debris thereon. No building or improvement shall be permitted by its Owner, Lessee, Licensee or Occupant to fall into disrepair, and each such building or improvement shall at all times be kept in good condition and repair and adequately painted or otherwise finished. Section 3. Fight of EntrY. During reasonable hours and subject to reasonable security requirements, Grantor, its authorized representative and the Committee shall have the right to enter upon any lot and any building or other improvement constructed thereon, for the purpose of ascertaining compliance with this Declaration. Any such entry shall constitute an authorized entry, and Grantor, its authorized representatives or the Committee shall not be deemed guilty of trespass by reason thereof. In the event that said Owner, Lessee, Licensee or Occupant fails to comply with any or all of these protective covenants within thirty (30) days after written notice thereof, Grantor, its authorized representatives and the Committee shall have the right, privilege and license to enter upon any lot or any portion thereof and make any and all corrections or improvements that may be reasonably necessary to comply with these Protective Covenants, all at the sole cost and reasonable expense of such Owner, Lessee, Licensee or Occupant. Such cost shall be paid by Owner, Lessee, Licensee or Occupant to the Grantor or the Committee, as the case may be, within thirty (30) days after receipt of notice of the amount due. Any payment not made within said thirty (30) days shall become a lien upon such lot. Section 4. Variances. Grantor reserves and shall have the sole right to grant reasonable variances from the provision of this Declaration, or any portion hereof, in order to overcome practical difficulties and to prevent unnecessary hardship in the appli9ation of the provisions contained herein, provided, however, that said variances, in the sole opinion of Grantor, shall not materially injure any of the property or improvements of adjacent property. No variance granted pursuant to the authority granted herein shall constitute a waiver of any provision of this Declaration as applied to any other person or real property. Section 5. Additional Protective Covenants. No Owner, Lessee, Licensee or Occupant, without the written consent of Grantor, may impose any additional Protective Covenants on any part of Avalon Park. ARTICLE IV PRESERVATION OF VALUES OF THE PROPERTY AND THE NATURAL ENVIRQNMENT It shall be the express intent and purpose of these Protective Covenants to protect, maintain and enhance the natural environment as well as preserve the value of the property subject to these Protective Covenants. ARTICLE V DEVELOPMENT STANDARDS Section 1. Buildinq Setback Lines, A) Buildings. Buildings shall not be placed closer than the minimum setback lines shown on recorded plats. B) Fences. No fence of any kind shall be placed or constructed nearer to the front property line than the rear corner of the residence. No unpainted fences will be allowed. All fences have to be approved by the ARC and meet Peachtree City restrictions. No chain link fences are allowed. C) Eaves, Steps, Etc. For the purpose of these Protective Covenants, swimming pools, decks, uncovered porches, patios, eaves and steps shall not be considered as a part of a building, provided, however, that this shall not be construed to permit any portion of a structure to encroach upon another lot. However, all pools and decks or additions have to be approved by the ARC. Section 2. Governmental Rules. In the event governmental rules and regulations are more restrictive than these Protective Covenants, said rules and regulations shall prevail. Section 3. Archi~ectgral $~$ndards. No exterior construction, alteration, addition, or erection or any nature whatsoever shall be commenced or placed upon any part of the Community, except such as is approved in accordance with this Section. No exterior construction, addition, erection, or alteration shall be made unless and until the plans and specifications showing the nature, kind, shape, height, materials, and location shall have been submitted in writing to and approved by the ARC. The ARC or its designee may promulgate written guidelines for the exercise of this review. The ARC or its designee shall be the sole arbitrator of such plans and may withhold approval for any reason, including purely aesthetic considerations, and it shall be entitled to stop any construction in violation of these restrictions. In the event the ARC or its designee fails to approve or to disapprove such design and location within fifteen (15) days after the plans and specifications have been submitted to it, approval will not be required, and this Section will be deemed to have been fully complied with. In addition, all exterior construction, alterations, additions or erections are subject to the ordinances of Peachtree City, Georgia. BOD){ 9 8 3 ~[}E 3 1 5 4 BOOK 953P OE 3].6 Section 4. Buildinqg ~nd Other Structures. A) Approval. Prior written approval of the Committee is required before the commencement of construction of any building, structure or other improvement. Plans of homes along with plot plans, exterior colors, and roofing colors shall be submitted to the ARC prior to commencement of construction. The ARC can approve or disapprove a plan for any reason. B) Construction. After commencement of construction of any building on, or any improvements to, any lot, the Owner, Lessee, Licensee or Occupant so commencing such construction shall diligently pursue the work thereon, to the end that the buildings and improvements shall not remain in a partly finished condition any longer than reasonably necessary for completion thereof. The Owner, Lessee, Licensee or Occupant of any lot on which buildings or improvements are being constructed shall at all times keep all streets and rights-of-way contiguous to said lot free from any dirt, mud, garbage, trash or other debris which might be occasioned by construction of any buildings or improvements on such lot. C) Building Materials. The exterior of every dwelling shall be finished with either vinyl siding, brick, stucco, stacked stone or hard board siding. No cedar siding is allowed. All hard board or wood siding shall be painted. No stained siding is allowed. D) Dwelling Size. The minimum square footage of the living area required for residential dwellings shall be 2,200 square feet of living area for a one story and 2,400 feet of living area for a two story, with a two story dwelling having at least 1,200 square feet of living area on the main floor. E) Parking and Garages. Each single family unit shall have a functional two car garage attached to the residence which shall remain closed when the garage door is not in use. All garages shall have garage doors. The term "vehicles", as used in this provision, shall include without limitation, motor homes, boats, trailers, motorcycles, minibikes, scooters, go-carts, trucks, campers, buses, vans, and automobiles. All vehicles shall be parked within garages, except that guests and service vehicles may park along streets for reasonable periods of time as determined by the ARC, and parking in yards is prohibited. If the Unit includes a garage with exterior doors, the doors shall be kept closed at all times, except during times of entry and exit from the garage, or when someone is working in or around the garage. Ail commercial vehicles, tractors, mobile homes, trailer (either with or without wheels), campers, camper trailers, boats and other watercraft, boat trailers, motorcycles, minibikes, scooters, and golf carts must be parked within a garage. No garage may be altered in such a manner that the number of automobiles which may reasonably be parked therein after the alteration is less than the number of automobiles that could have reasonably been parked in the garage as originally constructed. F) Roof Color and Pitch. Roof pitches and colors must be approved by the Committee pursuant to Article VI herein and cannot be modified after approval by the Committee without further review and approval by the Committee. G) Garbage and Refuse Disposal. No lot shall be used, maintained or allowed to become a dumping ground for scraps, litter, leaves, limbs or rubbish. Trash, garbage or other waste shall not be allowed to accumulate on the property and shall not be kept except in sanitary containers which shall be screened on all sides visible from the street. All equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition. H) Unsightly or Unkempt Conditions. The pursuit of hobbies or other activities, including specifically, without limiting the generality of the foregoing, the assembly and disassembly of motor vehicles and other mechanical devices, which might tend to cause disorderly, unsightly, or unkempt conditions, shall not be pursued or undertaken in any part of the community. I) Livestock and Poultry. No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot, except that dogs, cats or other household pets in reasonable numbers may be kept provided that they are not kept, bred or maintained for any commercial purpose and further provided that they are not allowed to wander or roam about the neighborhood. Such pets, when not on the owner's lot, shall be under leash control of the owner or their agent. Section 5. Temporary Structures and Outbuildings. No structure of a temporary character, tool or storage shed, barn or other outbuilding of any type shall be located on any lot at any time, unless approved in writing by the Committee. Section 6. Utility ConnectiQn~ and TelevisiQn Ant~nn~$- Sat~lli~ Dishes. All dwelling connections for all utilities including, but not limited to, water, sewerage, electricity, telephone and television shall be underground from the proper connection points to the dwelling in such a manner to be acceptable to the governing utility authority. Installation in a manner other than as prescribed herein shall not be permitted except upon written approval of the Committee. No satellite dishes of any nature or kind exceeding eighteen (18") inches in diameter shall be permitted on any lot, and these are only permitted if located in rear yards and not seen from any street as approved by the ARC. No exterior antennas, aerials, satellite dishes, or other apparatus for transmission of television, radio, satellite or other signals of any kind shall be placed, allowed, or maintained upon any portion of the Community, including any Unit, without the prior written consent of the ARC or its designee. Section 7. Landscaping, A) Landscaping Plans. The front and side yards of every lot shall be sodded. The side yards shall be sodded to the rear of the house. The sodded areas will be of a "carpet grass" (Bermuda, centipede, zoysia, etc.) type sod. The yards shall be sodded prior to occupancy of the dwelling or within thirty (30) days of the substantial completion of the dwelling, whichever date shall first occur. Minimal areas in the yard may be used as "pine islands" or other landscape design themes; however, all areas of a yard adjoining a public right of way must' be sodded. B) Maintenance. Ail landscaping shall be maintained in an attractive, sightly and well-kept condition and in accordance with the approved plans. In the event such landscaping is not so maintained, the ARC shall notify the Owner in writing by certified mail that said landscaping is not being properly maintained. If such maintenance is not effected by the Owner within thirty (30) days from such notification, the ARC shall have the right (but not the obligation) through its agents or employees, to enter upon the property for the purpose of maintaining, restoring or repairing said landscaping. The costs incurred by the ARC in maintaining such landscaping, plus a twenty-five percent (25%) allowance for overhead, shall be borne by the Owner and shall be paid on demand to the ARC or such other persons or entities designated by such ARC. Until paid, the cost incurred plus twenty-five percent (25%) overhead allowance shall become a lien upon such lot and the improvements thereon, which may be foreclosed as a materialman's lien on real property. Within fifteen (15) days following any request from any Owner or Lessee, the ARC shall certify in writing whether any amounts are due and owing pursuant to this paragraph with respect to the real property of any such Owner or leasehold interest of such Lessee. the Section 8. $iqns. No sign of any kind shall be displayed to the public view on any site except one sign per lot advertising the property for sale. All signs must be approved in writing by the Committee and shall meet Peachtree City ordinances. Section 9. Qc~gpants Bound. Ail provisions of the Declaration and any rules and regulations or use restrictions promulgated pursuant thereto which govern the conduct of Owners and which provide for sanctions against Owners shall also apply to all occupants of any Unit. Section 10. Parkinq. A) Compliance With Law. Each Owner, Lessee, Licensee or Occupant shall comply with all governmental requirements. B) Parking. No automobiles, trucks, vans, buses, motorcycles, motor homes or any other vehicles of any nature or kind shall be allowed to park on any street within the subdivision. All vehicles owned by the Owner, Lessee, Licensee or Occupant of any home within the subdivision must be kept within the garage attached to such home. All garage doors must be kept closed when not in use. No commercial vehicles, including vans, trucks and buses shall be kept on any property within the subdivision. "Commercial Vehicle" shall be defined as any vehicle having more than a three-quarter (3/4) ton hauling capacity or having more than four wheels. C) Driveways. All driveways and parking areas shall be constructed of concrete. Any other material must be specifically approved by the Committee. No curbing shall be broken or cut for driveways. Driveways shall be a minimum of twelve (12) feet wide. Section 11. ~GL~. All mailboxes within the subdivision shall be identical in size and design as specified and required by Hayes Development Corp., the developer of Avalon Park. Section 12. Fence Size ~nd Material. Ail fences must be of a wood, brick, stucco, stone or PVC material. No chain link fences shall be allowed (except enclosing a retention pond area). All fences shall be a minimum of four (4') feet in height and shall not exceed six (6') feet in height. All wood fences shall be painted. Section 13. ~lQ~heslines. No clotheslines or other laundry cleaning or drying devices shall be erected or placed in any front, rear or side yard areas. Section 14. Residential Use. Each Unit shall be used for residential purposes only, and no trade or business of any kind may be conducted in or from a Unit or any part of the Community, including business uses ancillary to a primary residential use, except that the Owner or occupant residing in the residence on a Unit may conduct such ancillary business activities within the residence so long as (a) the existence or operation of the business activity is not apparent or detectable by sight, sound, or smell from the exterior of the residence; (b) the business activity does not involve persons coming onto the Community who do not reside in the Community or door-to-door solicitation of residents of the Community; (c) the business activity conforms to all zoning requirements for the Community; and (d) the business activity is consistent with the residential character of the Community and does not constitute a nuisance or a hazardous or offensive use, or threaten the security or safety of other residents of the Community. The terms "business" and "trade", as used in this provision, shall be construed to have their ordinary, generally accepted meanings, and shall include, without limitation, any occupation, work, or'activity undertaken on an ongoing basis which involves the provision of goods or services to persons other than the provider's family and for which the provider receives a fee, compensation, or other form of consideration, regardless of whether: (i) the activity is engaged in full or part-time; (ii) the activity is intended to or does generate a profit; or (iii) a license is required for the a~tivity. Notwithstanding the above, the leasing of a Unit or the use of a Unit by an on-site management company operating on behalf of the Grantor or the ARC shall not be considered a trade or business within the meaning of this Section. Section 15. Nuisance. It shall be the responsibility of each Owner to prevent the development of any unclean, unhealthy, unsightly, or unkempt condition of his or her unit. No Unit shall be used, in whole or in part, for the storage of any property or thing that will cause such Unit to appear to be in an unclean or untidy condition or that will be obnoxious to the eye; nor shall any substance, thing, or material be kept upon any Unit that will emit foul or obnoxious odors or that will cause any noise or other condition that will or might disturb the peace, quiet, safety, comfort, or serenity of the occupants of surrounding property. No noxious or offensive activity shall be conducted upon any Unit, nor shall anything be done thereon tending to cause embarrassment, discomfort, annoyance, or nuisance to any person using any property adjacent to the Unit. There shall not be maintained any plants or animals or device or thing of any sort whose activities or existence in any way is noxious, dangerous, unsightly, unpleasant, or of a nature as may diminish or destroy the enjoyment of the Community. ARTICLE VI ARCHITECTURAL REVIEW Section 1. Th~ CQmmittee. The Architectural Control Committee shall be composed of three (3) members. The current membership shall consist of John R. Hayes, John R. Hayes, Jr., and Anne Hayes. A majority of the committee may designate a representative to act for it. Neither the members of the Committee nor its designated representative shall be entitled to any compensation for services performed pursuant to the protective Covenants. The Committee shall have the powers and duties enumerated herein. It may approve, disapprove or approve with modifications, any plans submitted in writing to the Committee. Upon the resignation of any member, the remaining Committee members shall appoint a new member. Section 2. Submission of Plans. Before commencing the construction or alteration of any building, enclosure, fence, or any other structure or improvement on or to any lot, the Owner, Lessee, Licensee or Occupant of such lot shall first submit one (1) complete set of architectural plans to the Committee for its written approval, disapproval or approval with modifications as hereinafter provided. Section 3. Approval.: Content of Plans. No improvement shall be erected, placed, altered, maintained or permitted on any lot until plans have been submitted to and approved in writing by the committee. Such plans shall include the following: A) Architectural Plan. Floor plans, elevation drawings of all exterior walls, roof plan, and the location of the air conditioning compressor; and, B) Description of Exterior. A description of all proposed exterior finishes, materials and colors, including those for walls, roofs and doors. Such plans shall be submitted in writing over the signature of the Owner of the lot or his authorized agent and shall be accompanied by the request of such Owner or Agent for the approval of said plans. Section 4. Basis for Approval. Approval shall be based, among other things, on adequacy of site dimensions, adequacy of site drainage, conformity and harmony of external design with neighboring structures (similar colors and/or front elevations within close proximity shall be discouraged), relation of topography, grade and finished ground elevation of the site being improved to that existing or intended for neighboring sites; proper facing of main elevation with respect to nearby streets; and conformity of the plans to the purpose and general plan and intent of the Protective Covenants. The Committee shall not arbitrarily or unreasonably withhold its approval of such plans. Section 5. F~ilur~ tO ApprQv~; De~me~ Approval. If the Committee fails to approve, disapprove or approve with modifications, such plans within fifteen (15) days after the same have been submitted in writing to it, it shall be conclusively presumed that it has approved said plans, subject, however, to compliance with the Protective Covenants contained herein. ARTICLE VII DURATION, MODIFICATION AND REPEAL Section 1. p_~. The Protective Covenants shall run with and bind the land, and shall inure to the benefit of and be enforceable by the Grantor, the ARC, and all residents of the Community, their respective legal representatives, successors and assigns for a term of twenty (20) years from the date these Protective Covenants are recorded, after which time said Protective Covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by the then-Owners of two-thirds (2/3) of the lots has been recorded, agreeing to change said Protective Covenants. Provided, however, that no such agreement to change shall be effective unless made and recorded three (3) years in advance of the effective date of such change, and unless written notice of the proposed agreement is sent to every Owner at least ninety (90) days in advance of any action taken. Easements of any type enumerated herein are perpetual, will not terminate upon termination of these Covenants, and may not be modified or terminated without specific written concurrence of the Grantor. The Grantor, ARC, or any affected Owner may, but shall not be required to, enforce these Protective Covenants. Section 2. Notices. Notice will be deemed to be sufficiently given if deposited in the U.S. Mail with the required postage to the address of the Owner of the Unit. Section 3. ~[~A~g_~ig~. Enforcement of these Protective Covenants shall be by any proceeding at law or in equity against any person or persons violating or attempting to violate any covenant or restriction, either to restrain or to recover damages, and against the land to enforce any lien created by the covenants. Section 4. Attorney Fees. In any legal or equitable proceeding to enforce or restrain the violation of these Protective Covenants, the prevailing party shall be entitled to reasonable attorney fees and court costs. Section 5. Failure to Enforce Not a Waiver of Rights. No delay or failure on the part of any aggrieved party to invoke any available remedy with respect to a violation of any of the Protective Covenants shall be held to be a waiver by that party of (or an estoppel of the party to assert) any right available to him upon the recurrent or continuance of said violation or the occurrence of a different violation, nor shall there be construed upon the Grantor a duty to take any action to enforce the Protective Covenants. Section 6. Severabilitv. Invalidation of any one of these Protective Covenants by judgement or court order shall in no way affect any other provision. Any and all provisions not invalidated shall remain in full force and effect. ARTICLE VIII EASEMENTS Easements for installation and maintenance of utilities and drainage facilities are reserved as shown on the recorded plat. Within these easements, no structure, planting or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities, or which may change the direction of flow of drainage channels in the easements or which may obstruct or retard the flow of water through drainage channels in the easements. The easement area of each lot and all improvements in it shall be maintained continuously by the Owner, Lessee, Licensee br Occupant of such lot, except for those improvements for which a public authority or utility company is responsible. Grantor reserves unto itself a perpetual, alienable and releasable easement and right on, over and under the ground to erect, maintain and use electric and telephone poles, wires, cables, conduits, sewers, water mains and other suitable equipment, gas, sewer, water, cable television or other public conveniences or utilities on, in or over ten (10) feet along one side of each lot, and such other areas as are shown on the applicable plat; provided further, that Grantor and/or Peachtree City may cut drainways for surface water wherever and whenever such action may be necessary in order to maintain reasonable standards of health, safety and appearance, or to meet governmental requirements. These easements and rights expressly include the right to cut any trees, bushes or shrubbery, make any gradings of the soil, or to take any other similar action reasonably necessary to provide economical and safe utility installation and to maintain reasonable standards of health, safety and appearance. Such rights may be exercised by any Licensee of Grantor, but this reservation shall not be considered an obligation of Grantor to provide or maintain any such utility or service. ARTICLE IX LI.M~TA~IQN OF LIABILITY Section 1. ~%~n Approval. Neither the Grantor nor its successors or assigns nor the Committee nor any member thereof shall be liable in damages to any Owner, Lessee, Licensee or Occupant or their successors and assigns by reason of any mistake in judgement, negligence, act or omission arising out of or in connection with the approval or disapproval or failure to approve any such plans, the enforcement or nonenforcement, modification or waiver, breach or default of any covenant or restriction or provision contained herein. Every Owner, Lessee, Licensee, Occupant and their successors and assigns, by acceptance of a Deed, waives and releases the right to bring any action, proceeding or suit against the Grantor, the Committee and all members thereof to recover damages. Section 2. gonstruction. Where plans are approved by the Committee, or any change or modification thereto, such approval shall be deemed to be strictly limited to an acknowledgement of consent by the Committee to the improvements being constructed in 322 accordance therewith, and shall not in any way be deemed to imply any warranty, representation or approval by the Committee, the Grantor, its successors or assigns, that such improvements, if so constructed, will be structurally sound, will be fit for any particular purpose or will have a market value of any particular magnitude. ARTICLE X EASEMENTS AND COVENANTS RUNNING WITH LAND The rights, easements, covenants and restrictions herein established for the benefit of all lots shall run with and be appurtenant to title to every lot and shall be burdens upon every lot within Avalon Park, and shall bind Grantor, its assigns and successors-in-title with respect to each of such lots, and all Owners, Lessees, Licensees and Occupants of such lots. ARTICLE XI AMENDMENT OF PROTECTIVE CQVENANT$ Grantor reserves and shall have the sole right: (A) to amend these Protective Covenants for the purpose of curing any ambiguity in or any inconsistency between the provisions contained herein; (B) to include in any contract or deed subsequent Protective Covenants, or other instruments hereafter made with respect to portions of Avalon Park then-owned By Grantor, any additional Protective Covenants applicable to the said land then-owned by said Grantor which do not lower standards of the Protective Covenants herein contained; and, (C) to release any lot from any part of the Protective Covenants, (including without limiting the foregoing, violations of building setback lines and provisions hereof relating thereto), if Grantor, in its sole judgement, determines such violation to be a minor or insubstantial violation. In addition, these protective Covenants may be amended when approved by Grantor and two-thirds (2/3) of the Owners. IN WITNESS WHEREOF, said corporation has caused this instrument to be signed in its name by its President and its corporate seal to be hereunto affixed, this ~___~day of ~ , 1995. Signed, sealed and delivered in the presence of: Unofficial Witness ~ HAYES DEVELOPMENT CORP. , ' - CORPORATE'''