Instrument # 17002044 Number: 1 of 4 Filed and Recorded: 1/17/2017 2:43 PM Liz Q. Gonzalez, Hays County Clerk, Texas Rec $38.00 Deputy Clerk: KBOGGUS SECOND AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR VINEYARD ESTATES STATE OF TEXAS § COUNTY OF HAYES § This SECOND AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR VINEYARD ESTATES (this "Amendment") is executed to be effective as of the date set forth below by DRIFTWOOD 323 VINEYARD, LTD (the "Declarant"), a Texas limited partnership.
RECITALS WHEREAS, DRIFTWOOD 323 VINEYARD, LTD, a Texas limited partnership ("Declarant"), filed for record that certain Declaration of Covenants, Conditions and Restrictions for Vineyard Estates, recorded as Document 70016560 in the Official Public Records of Hays County, Texas (the "Declaration") and made the same applicable to the Property more fully described therein; and further amended by Document 15018503 in the Official Public Records of Hays County, Texas (the "First Declaration Amendment"), WHEREAS, Article 8.06 of the Declaration provides in relevant part as follows: “Prior to the expiration of the Protective Period, this Declaration may be unilaterally amended by Declarant executing and recording a written amendment hereto in the Official Public Records of Hays County, Texas”, WHEREAS, Article 4.03A of the Declaration creates a Protective Period which lasts until the date on which Declarant no longer owns any Lot and is still in effect, WHEREAS, Declarant desires to modify the language of various Articles and provisions in the Declaration, NOW, THEREFORE, in consideration of the foregoing, the Declarant hereby amends the Declaration for the abovereferenced purposes as follows:
age of various Articles and provisions in the Declaration, NOW, THEREFORE, in consideration of the foregoing, the Declarant hereby amends the Declaration for the abovereferenced purposes as follows: Article 4.03 is replaced in its entirety and shall read as follows: 4.03 Voting Rights. The Association will have two (2) classes of voting membership: (a) Class A. The Class A members will be all Owners other than Declarant. Each Class A member will be entitled to one (1) vote for each Lot owned. When more than one person or entity holds an interest in any Lot, such voting will be exercised as they among themselves determine, but in no event will more than one vote be cast with respect to any Lot.
(b) Class B. The Class B member will be Declarant and its successors and assigns.
Declarant shall have ten (10) votes for each Lot owned. The Class B membership shall cease and be converted to Class A membership at such time as the Declarant has sold and/or conveyed and/or dedicated 100% of the land area of the Subdivision, whether in a single or multiple transaction, to an Owner or to any governmental authority for public use. Class B membership shall be reinstated at any time if Declarant owns Lots in the Association.
Instrument # 17002044 Number: 2 of 4 Filed and Recorded: 1/17/2017 2:43 PM Liz Q. Gonzalez, Hays County Clerk, Texas Rec $38.00 Deputy Clerk: KBOGGUS Article 6.01 is replaced in its entirety and shall read as follows: 6.01 Covenant to Pay Assessments. Each Owner of a Lot, excluding Declarant, hereby covenants to pay to the Association (a) Regular Assessments (as defined in Section 6.03 hereof) (b) Special Assessments (as defined in Section 6.04 hereof); (c) Park Maintenance Assessment
ant, hereby covenants to pay to the Association (a) Regular Assessments (as defined in Section 6.03 hereof) (b) Special Assessments (as defined in Section 6.04 hereof); (c) Park Maintenance Assessment (as defined in Section 3.22 hereof), and (d) late charges (as specified in Section 6.06 hereof) for each Lot that he owns. All such Assessments and charges shall be established and collected from time to time as herein provided. Each Owner further covenants to pay to the Association reasonable attorney's fees, costs, and expenses incurred in connection with collection of Assessments.
Notwithstanding the foregoing, the Declarant shall be exempt from the annual maintenance assessment charged to Owners, and Declarant hereby covenants and agrees that, in the event that the annual maintenance funds revenues are insufficient to pay the operating expenses of the Association, it shall provide the funds necessary to make up the deficit, within thirty (30) days of receipt of request for payment thereof from the Association, provided that if the deficit is the result of the failure or refusal of an Owner or Owners to pay their annual maintenance assessments, the Association shall diligently pursue all available remedies against such defaulting Owners, including the immediate institution of litigation to recover the unpaid assessments, and shall reimburse the Declarant the amounts, if any, so collected.
Article 8.04 is replaced in its entirety and shall read as follows: 8.04 Enforcement. The Declarant or the Association, or any Owner, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration
ave the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration or the By-Laws or Certificate of Formation of the Association. Failure by the Association or by any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. With respect to any litigation hereunder, the prevailing party shall be entitled to recover reasonable attorneys fees from the non-prevailing party. The failure of any Owner to comply with any restrictions or covenants will result in irreparable damage to Declarant, the Association and/or other Owners of Lots in the Subdivision; thus, the breach of any provisions of this Declaration may not only give rise to an action for damages at law, but also may be made the subject of an action for injunctive relief and/or specific performance in equity in any court of competent jurisdiction. In the event enforcement actions are instituted and the enforcing party recovers, then, in addition to the remedies specified above, court costs and reasonable attorney's fees shall be assessed against the violator. In addition to the remedies for enforcement provided for elsewhere in this Declaration, the violation or attempted violation of the provisions of this Declaration, or any amendment hereto, or Rules and Regulations promulgated by the Board, by an Owner, his family, guests, lessees or licensees, shall authorize the Board (in the case of all of the following remedies) or any Owner (in the case of the remedies provided in (d) below), to avail itself of any one or more of the following remedies:
shall authorize the Board (in the case of all of the following remedies) or any Owner (in the case of the remedies provided in (d) below), to avail itself of any one or more of the following remedies: (a) The imposition of a special charge not to exceed One Hundred Dollars ($100.00) per violation, or (b) The suspension of the Owner's right to use any Association property for a period not to exceed thirty (30) days per violation, plus attorney's fees incurred by the Association with respect to the exercise of such remedy, or (c) The right to cure or abate such violation, including the right to enter any Lot upon which such violation exists without liability for trespass, and to charge the expense thereof, if any, Instrument # 17002044 Number: 3 of 4 Filed and Recorded: 1/17/2017 2:43 PM Liz Q. Gonzalez, Hays County Clerk, Texas Rec $38.00 Deputy Clerk: KBOGGUS to such Owner, plus attorney's fees incurred by the Association with respect to the exercise of such remedy, or (d) The right to seek injunctive or any other relief provided or allowed by law against such violation and to recover from such Owner all its expenses and costs in connection therewith, including, but not limited to, attorney's fees and court costs.
Before the Board invokes the remedies provided in subparagraphs (a), (b), (c), and (d) above, it shall give written notice of such alleged violation to the Owner, and shall afford the Owner a hearing. If, after the hearing, a violation is found to exist, the Board's right to proceed with the listed remedies shall become absolute. Each day a violation continues shall be deemed a separate violation. Failure of the Association, the Declarant, or of any Owner to take any action
oceed with the listed remedies shall become absolute. Each day a violation continues shall be deemed a separate violation. Failure of the Association, the Declarant, or of any Owner to take any action upon any breach or default with respect to any of the foregoing violations shall not be deemed a waiver of their right to take enforcement action thereafter or upon a subsequent breach or default. All charges assessed against an Owner shall constitute a continuing lien upon the Lot of such Owner as fully as if such charge were an unpaid annual or special assessment.
Article 8.07 is added to the Declaration as follows: 8.07 Additions to the Development. The Declarant may add or annex additional real property to the scheme of this Declaration by filing of record a Supplementary Declaration of Covenants, Conditions and Restrictions which shall extend the scheme of this Declaration to such property, provided, however, that such Supplementary Declaration may contain such complementary additions and modifications of the covenants, conditions and restrictions contained in this Declaration as may be necessary to reflect the different character, if any, of the added properties and as are not inconsistent with this Declaration.
The Declaration and First Amendment as defined herein are hereby ratified and confirmed, except as they may be inconsistent with this Second Amendment to the Declaration, in which case this Second Amendment will control.
IN WITNESS WHEREOF, the undersigned, being the Declarant herein, has hereunto set its hand on this the 16" day of January, 2017.
DRIFTWOOD 323 VINEYARD, LTD, a Texas limited partnership GENERAL PARTNER: By: STL Steve Wimberly Member/Manager STATE OF TEXAS § COUNTY OF TRAVIS §
his the 16" day of January, 2017.
DRIFTWOOD 323 VINEYARD, LTD, a Texas limited partnership GENERAL PARTNER: By: STL Steve Wimberly Member/Manager STATE OF TEXAS § COUNTY OF TRAVIS § LLC, General Partner of DRIFTWOOD 323 VINEYARD, LTD, a Texas limited partnership, acting as Declarant.
Rie rit pe 5449736 N Notary Public, State of Texas S SIN State of Texas “LEONE” Comm, Exp. 06-10-2020 oer lddeeteet eA After Recording, Please Return To: Colby Property Management 10800 Pecan Park Blvd, Suite 340 Austin, TX 78750 Instrument # 17002044 Number: 4 of 4Filed and Recorded: 1/17/2017 2:43 PM Liz Q. Gonzalez, Hays County Clerk, Texas Rec $38.00 Deputy Clerk: KBOGGUS