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~ ,._L.. <br /> Declaration of Covenants and Restr~¢t~,e~ts:-,~o~,, Interlochen (Phase I) Suoalvlslon <br /> <br /> '"~ <br /> <br />by THE EQUITABLE LIFE ASSU~CE SOCIETY 0F THE t~I~D~'"ST~TES,~ York <br />Corporation (hereinafter called "Declarant"). <br /> <br /> ~ZTN~T~ ...... <br /> <br /> WHER~S, Declarant owns certain lots and blocks of lots (hereinafter <br />collectively referred to in the singular as a "Lot" and in the plural as <br />"Lots") and surrounding properties located in Land Lot 100 of the 7th District <br />of Fayette County, Georgia which property is more particularly sho~ on that <br />certain plat of survey of Interlochen (Phase I) Subdivision, recorded in Plat <br />Book 23 at Pages 68, 69 and 70, Fayette County, Georgia records (hereinafter <br />referred to as the "Property"); and <br /> <br /> WHEREAS, Declarant desires to establish certain covenants and <br />restrictions pertaining to the ownership, development, use and enjoyment of <br />the Property. <br /> <br /> NOW THEREFORE, for and during the term hereof, as hereinafter stated, be <br />it hereby declared that the Property is subjected to the covenants, conditions <br />and restrictions as follows: <br /> <br /> 1. Residential Purpose. Without specific written approval from <br />Declarant no portion of the Property shall be used except for residential <br />purposes; provided, however, that a commercial builder may use a residential <br />dwelling constructed by it on a Lot for a sales office so long as it is <br />actively offering for sale houses that it constructed on the Property. <br /> <br /> 2. ANY STRUCTURE OR IMPROVEMENT CONSTRUCTED ON ANY LOT, WHETHER <br />TEMPORARY OR PERM3tNENT IN NATURE, SHALL BE DESIGNED A~D BUILT IN ACCORDANCE <br />WITH THE ARCHITECTURAL GUIDELINES ADOPTED BY THE ARCHITECTURAL REVIEW BOARD. <br /> <br /> 3. Architectural Standards. No exterior construction, alteration, <br />addition, or erection of any improvements of any nature whatsoever, including, <br />without limitation, a change in the color of any improvement, shall be <br />commenced or placed upon any Lot, except such as is installed by the <br />Declarant,' or as is approved in accordance with this Section, or as is <br />otherwise expressly permitted herein. No exterior construction, addition, <br />erection, or alteration shall be made unless and until such plans and <br />specifications showing at least the nature, kind, shape, height, materials, <br />and location shall have been submitted in writing to and approved by an <br />Architectural Review Board established by the Declarant. The Declarant may <br />employ for the Architectural Review Board architects, engine%rs, or other <br />persons necessary to enable the Architectural Review Board to perform its <br />review. The Architectural Review Board may, from time to time, delegate any <br />of its rights or responsibilities hereunder to one or more duly licensed <br />architects or other qualified persons, which shall have full authority to act <br />on behalf of the Architectural Review Board for all matters delegated. The <br />Architectural Review Board shall adopt the design and development guidelines <br />and the application and review procedures set forth in the Architectural <br />Guidelines. Copies of the guidelines shall be available from the <br />Architectural Review Board for review. The Architectural Review Board shall <br />have sole and full authority to prepare and to amend the Architectural <br />Guidelines. It shall make the Architectural Guidelines available to ow%nets, <br />builders, and developers who seek to engage in development of or construction <br />upon all or any portion of the Property and such owners, builders and <br />developers shall conduct their operations strictly in accordance therewith. <br /> <br /> The Declarant shall have the right to appoint all members of the <br />A~,~h~t~'~:Lural Review Board. There shall be no surrender of this right except <br />i~ .~ v;~ it t~.~ il~:;t rum,~nt: in ~:~:~(~ordable form executed by Declarant and recorded <br />[i~ the Land Records of the Clerk of the Superior Court of Fayette County, <br />Georgia. Upon the surrender of such right, each year the resident owners of <br />all the Lots comprising the Property shall by majority vote appoint for a one <br />year term three (3) resident owners to serve as the members of the <br />Architectural Review Board. The Declarant hereby appoints Peachtree City <br />Development Corp. as the sole member of the Architectural Review Board to <br />serve in such capacity for the term of this Declaration, unless such <br /> <br /> <br />