D223049579 03/28/2023 10:47 AM Page: 1 of 69 Fee: $291.00 Submitter: Gunter Law Firm, PLLC Electronically Recorded by Tarrant County Clerk in Official Public Records : £ MARY LOUISE NICHOLSON DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS FOR BERRY CREEK VILLAGE THIS DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS FOR BERRY CREEK VILLAGE (this “Declaration”) is made as of the date recited below by Convergence Capital, LLC, a Texas limited liability company (“Declarant”) located at 8913 Mid Cities, Suite 300, North Richland Hills, Texas, 76182.
Declarant is the owner of certain real property located in Tarrant County, Texas, described in the attached Exhibit “A” (the “Property”) except for portions thereof that have been dedicated development, improvement and use of the Property with architectural.
maintenance controls.
profit corporation (the “Association”), to have and exercise on behalf of, and as agent for, the Owners (hereinafter de NOW, THEREFORE, Declarant nes conditions, restrictions, easements, liens, SECTION 1.1. J development and use ofthe (hereinafter defined) development and.ma ty; to encourage the construction of high-quality Improvements ; to restrict certain uses of the Property; to provide for certain 2, DEFINITIONS. The following words or phrases when used in this (ve the following meanings: “Assessments” shall have the meaning set forth in Section 4.1 of this Declaration.
b. “Association” shall mean the non-profit corporation created under the laws of the State of Texas under the name “Berry Creek Village Property Owners Association, Inc.”, above referenced c. “Association Documents” shall mean the Certificate of Formation and the Bylaws
he laws of the State of Texas under the name “Berry Creek Village Property Owners Association, Inc.”, above referenced c. “Association Documents” shall mean the Certificate of Formation and the Bylaws of and the resolutions adopted by the Association, including any amendments thereto.
Covenants, Conditions, Restrictions & Easements — Berry Creek Village Page | of 39 D223049579 Page 2 of 69 d. “Board” shall mean the Board of Directors of the Association.
& “City” shall mean the City of North Richland Hills, Tarrant County, Texas.
f. “Conversion Date” shall mean (i) the date Declarant no longer owns one (1) Lot within the Property and at such time shall voluntarily terminate its Class B Member status by recording a written notice of such termination in the Real Property Records of Tarrant Gounty, Texas, or (11) Declarant voluntarily elects to terminate its Class B Member status by rectyrdyng a written notice of such termination in the Real Property Records of Tarrant County ZTe Person owned or controlled by Declarant, by any partner of Declarant, or by any-Pt purpose of this definition.
g. “Declarant” shall mean Convergence Capital, company, and such assigns to whom rights and powers reserv conveyed or assigned in writing but shall not include any pe or more Lots, or portions thereof, from Declarant.
h. “Declaration” shall mean this CONDITIONS, RESTRICTIONS AND EASEMEN amendments or restatements thereto filed for regox« County, Texas.
i. “Default Rate of Intere é elesser of: (i) eighteen percent (18%) per annum, or (ii) the maximum — tra of interest under applicable law.
ded to be temporary or permanent in nature (other than changes made during a : construction which will be removed when the construction period is complete),
mum — tra of interest under applicable law.
ded to be temporary or permanent in nature (other than changes made during a : construction which will be removed when the construction period is complete), includits-but not limited to, new buildings and structures, changes to building exteriors and exterior roof structures, loading areas, vehicle circulation lanes and approaches, private driveways and streets, utility and drainage systems, surface parking areas and parking structures, exterior lighting, sculptures, sidewalks, fences, walls, landscaping, poles, antennae, fountains, signs, changes in exterior color or shape, glazing or reglazing of exterior windows and any new exterior construction or exterior improvement which may not be included in any of the foregoing.
“Improvements” include both the original improvements and all later changes, alterations, and Covenants, Conditions, Restrictions & Easements — Berry Creek Village Page 2 of 39 D223049579 Page 3 of 69 additions.
n. “Landscaping” shall mean plants, including, but not limited to, grass, flowers, vines, ground cover, trees, shrubs, flowers, mulch and bulbs; rocks; landscape edging; water features; berms; lighting in landscaped areas; drainage and irrigation systems and related landscape improvements and materials, and the cost of water related to the irrigation of the foregoing landscaping.
0. “Lot(s)” shall mean the platted lots within the Property as shown on the PI Property recorded under Clerk’s Document No. D223009455, Plat records, Tarrant C including any and all improvements thereon.
p. “Majority Vote of the Members” shall have the meaning set fa of this Declaration.
q. “Member” shall have the meaning set forth in 8 r. “Member in Good Standing” shall have the this Declaration.
on.
p. “Majority Vote of the Members” shall have the meaning set fa of this Declaration.
q. “Member” shall have the meaning set forth in 8 r. “Member in Good Standing” shall have the this Declaration.
S. “Non-Member Owners” shall have the ing set forth in Section 3.1 of this Declaration.
t. “Notice of Unpaid Assessm XS of this Declaration.
n (other than the Association) who is a record ng any Person who holds only a lien on any Lot of performance of an obligation.
el ve the meaning set forth in Section 4.7 or (ii) ttese*portions of the Property designated by Declarant or the Association from time to time as an area(s) in which project signage identifying “Berry Creek Village” (or the development name for the Property, including “Berry Creek Village”) or other entry features, structures or Landscaping are or are to be installed.
y. “Property” shall mean the real property described in the Plat and in Exhibit “A” attached hereto, subject to any additions thereto or deletions therefrom as provided in Section 1.3 Covenants, Conditions, Restrictions & Easements — Berry Creek Village Page 3 of 39 D223049579 Page 4 of 69 of this Declaration.
Z. “Quorum” shall have the meaning set forth in Section 3.4 of this Declaration.
aa. “Regular Assessments” shall have the meaning set forth in Section 4.2 of this Declaration.
bb. “Shared Use Areas” shall mean: (i) Project Identification Signage Areas; (ii) creeks, waterways, drainage channels, detentiop vn T hat prevrously Nave (iv) Members.
ce. anAny and all expenses incurred by or on behalf of the Association, as agent forse e use, upkeep, maintenance, repair, or operation of: (1) the Shared Use Areas, ng, and (iii) the Shared Facilities for the provision
xpenses incurred by or on behalf of the Association, as agent forse e use, upkeep, maintenance, repair, or operation of: (1) the Shared Use Areas, ng, and (iii) the Shared Facilities for the provision of the Shared Services (in g, but hotimited to, any utility charges or assessments related to and materials ep the Shared Use Areas, the Landscaping and the Shared Facilities in goodand apyeacance and in good operating condition but also all parts and replacement materia ky tOKeep such in good appearance and operating condition and shall include, ‘Shared Facilities” shall mean all: (i) all equipment, structures and improvements he driveway, parking lot, or parking lot lighting; (ii) all equipment, structures and improvements utilized within the Project Identification Signage Areas; (iii) all entry-way features, (iv) all equipment and facilities used in connection with any water features (and related equipment) installed in the Shared Use Areas, (v) all lighting or irrigation equipment and facilities used in connection with the Landscaping, (vi) all equipment and facilities used in connection with the repair, maintenance or operation of the Shared Use Areas, (vii) all equipment, structures and improvements related to the trash dumpster(s) or trash disposal for the Property, and, (viii) to the Covenants, Conditions, Restrictions & Easements — Berry Creek Village Page 4 of 39 D223049579 Page 5 of 69 extent approved by a Majority Vote of the Members, other equipment, structures and improvements installed within the Property.
ff. “Shared Services” shall mean such services provided from time to time by Declarant or by the Association on behalf of, and for the common benefit of, the Owners that (i)
alled within the Property.
ff. “Shared Services” shall mean such services provided from time to time by Declarant or by the Association on behalf of, and for the common benefit of, the Owners that (i) have been approved by a Majority Vote of the Members, or (11) are related to the use of the Shared Facilities.
gg. “Special Purpose Assessment” shall have the meaning set forth in Secti 3 of this Declaration.
hh. “Special Member Assessment” shall have the meaning set forth this Declaration.
ii. “Street” shall mean any land located within an eg adjacent to the Property now or at any time hereafter dedicate public use as a roadway for motor vehicles.
ij. “Reciprocal Parking and Cross-Acgess Agre Reciprocal Parking and Cross-Access Easements, Property, and filed of record in the Tarrant County, time to time.
estrictions relating to the Rlat records, as may be amended from Other terms used in this Declaration a SECTION 1.3. PROPERTY fO DECLARATION. Declarant, from time to time and without the necessj 66 f any other Person, may subject additional land to the provisions of this Degldrat at such additional land is adjacent to the Property Declaration in the Real Prop Oxds of Tarrant County, Texas. The term “Property” as used in this Declaration shalLin ny“such additional tracts that from time to time are added as gcyte.ths provisions of the preceding sentence). All of the Property, and any right, title or interest rhea all be owned, held, leased, sold and/or conveyed by Declarant, and lessee SECTION 1.4. PURPOSE OF THE ASSOCIATION. The Association shall have and exercise the rights and shall perform the functions of the Association for the benefit of, and as
veyed by Declarant, and lessee SECTION 1.4. PURPOSE OF THE ASSOCIATION. The Association shall have and exercise the rights and shall perform the functions of the Association for the benefit of, and as agent for, the Owners as set forth in this Declaration.
Covenants, Conditions, Restrictions & Easements — Berry Creek Village Page 5 of 39 D223049579 Page 6 of 69 ARTICLE i DESIGNATION OF LOTS, STREETS AND ZONING SECTION 2.1. DESIGNATION OF LOTS. Declarant shall have the right and power, but not the obligation, to subdivide all or any portion of the Property owned by Declarant, without the necessity of the joinder of any other Person, into sub-parcels or platted lots. Declarant shall have the further right and power, but only with respect to portions of the Property owned by Declarant and without the nEeEEHy of the joinder of any other Person, to withdraw its designation different boundaries and confi omraitans from those previously described and to divid a lot into one or more lots.
ARTICLE II MEMBERSHIP AND VOTING RIGHTS IN AS IATION SECTION 3.1. MEMBERSHIP. Each an Owner automatically is a member of the Association (“Member”), except for the follo (“Non-Member Owners’): (i) a Governmental Entity shall not be considered as 4 Metab ring such time that it owns only srcels used solely for a fire or police station or public park, unless the such Go¥ Member of the Association and such meprbe approved in writing by Declarant prior to the for a utility sub-station, ty“agrees in writing to become a Member of the Association and such me ed in writing by: (A) Declarant, prior to the Conversion Date, or (B) the Board, after the Gqn¥ersion Date. Membership in the Association is appurtenant to, and cannot be separate ownership of a Lot in the Property by an Owner other than a
to the Conversion Date, or (B) the Board, after the Gqn¥ersion Date. Membership in the Association is appurtenant to, and cannot be separate ownership of a Lot in the Property by an Owner other than a er of title to any Lot in the Property shall operate automatically to transfer er by a Non-Member Owner, to vest) membership in the Association shALot to the new Owner, unless such new Owner is a Non-Member Owner. The hs used in Article II and Article IV of this Declaration does not include any Non, except as otherwise specifically provided in Article IV below.
SECTION 3.2. MEMBER IN GOOD STANDING. A Member shall be considered to be a “Member in Good Standing” and eligible to vote if such Member: i. has fully paid all Assessments or other charges levied by the Association, as such Assessments or charges are provided for hereunder; Covenants, Conditions, Restrictions & Easements — Berry Creek Village Page 6 of 39 D223049579 Page 7 of 69 ii. does not have a Notice of Unpaid Assessments filed by the Association against the Lot in the Property owned by such Owner; and iii. has discharged all other obligations to the Association as may be required of Members hereunder or under the Association Documents.
by the Association on any matter. The Board shall have the right and authori discretion, to waive the prior payment requirement, if any, and require only that su such time as Member in Good Standing status is attained and SECTION 3.3. CLASSES OF VOTING MEMBE (2) classes of voting membership.
a. Class A. “Class A Members” shall bea Members shall be entitled to one (1) vote for eac bers, including Declarant. Class A y such Class A Member as of the date of the notice of the meeting at which vatpig pbe'sast. If any Lot is owned by more than
hall be entitled to one (1) vote for eac bers, including Declarant. Class A y such Class A Member as of the date of the notice of the meeting at which vatpig pbe'sast. If any Lot is owned by more than one Owner, the number of votes attributable¢ Shall be the same number of votes as if there were only one Owner of such Lot, all of the Owners owning such Lot, pri Association a written agreementg ¢ of the vote in question, have delivered to the otes are to be cast or a written designation of one © such Lot. Any Member who is not an individual such Member in Association matters and to cast votes ETION 3.4. QUORUM, VOTING AND NOTICES. Members holding fifty-one percent (51%) of the aggregate votes entitled to be cast by Class A Members in Good Standing and the Class B Member, represented at a meeting of the Members in person or by a legitimate proxy in a form approved by the Board, shall constitute a quorum for voting on matters brought before the Members at meetings called by the Board (a “Quorum’). The vote of Members in Good Standing (considering all Class A Members and the Class B Member as one voting class) holding, in the aggregate, a majority of the votes entitled to be cast by the Members in Good Standing Covenants, Conditions, Restrictions & Easements — Berry Creek Village Page 7 of 39 D223049579 Page 8 of 69 present or voting by legitimate proxy at a called meeting at which a Quorum is present (the “Majority Vote of the Members”) shall be the act of the Members. Notice requirements for all actions proposed to be taken by the Association which require a voted approval by the Members shall be given as set forth in the Association Documents, as such may be amended from time to time.
ARTICLE IV ASSESSMENTS SECTION 4.1, COVENANTS FOR ASSESSMENTS. Each Owner, ex
pproval by the Members shall be given as set forth in the Association Documents, as such may be amended from time to time.
ARTICLE IV ASSESSMENTS SECTION 4.1, COVENANTS FOR ASSESSMENTS. Each Owner, ex Declarant, of a Lot within the Property, by acceptance of a deed or other conveys of legal title to the Property or any portion thereof, whether or not it shall be se such deed or other conveyance, shall be deemed to have covenanted and agxe Association, or to an independent entity or agency which may be designagé receive such monies, the following assessments “Assessments”): a. Regular Assessments as provided for in Sectiq b. Special Purpose Assessments as provided for in ron #3 below; c. Special Member Assessments, as proyid ection 4.4 below; and All Assessments shall remain the propergof Lm making such payment and shall be expended by the Association on behalf of th {hor for the specified purposes provided in this Declaration. No profit, gain or othg Des 6 be derived by the Association from the ed only as agent for the Owners. All services contemplated to be paid from Agséssmk be obtained by the Association on behalf of the oA iatren;4ll assessments held at that time by the Association pers in the same manner as votes are allocated among Class A members as provige sctian 3.3.a above. Declarant is exempt from paying any and all Regular Assessments, Special pose Assessments and/or Special member Assessments and/or Assessment deficits a expended on a calendar year basis or pro-rata share for a portion of the € fiscal year of the Association. The initial Regular Assessment shall be Board shall set the amount of the Regular Assessments to be levied for the next calendar year,
shall be Board shall set the amount of the Regular Assessments to be levied for the next calendar year, provided such Regular Assessments shall not be in excess of one hundred percent (100%) of the Regular Assessments for the prior calendar year. Regular Assessments for each calendar year beginning with 2023 shall be set by the Board on or about December 1 of the preceding year or as soon thereafter as such determination reasonably can be made by the Board. Regular Assessments shall be allocated among all Owners (not including Declarant) in the same manner as votes are Covenants, Conditions, Restrictions & Easements — Berry Creek Village Page 8 of 39 D223049579 Page 9 of 69 allocated among Class A Members as provided in Section 3.3.a, that is, the percentage of the aggregate Regular Assessments allocated to a particular Lot in the Property shall be a fraction with the numerator equal to the number of Class A Member votes allocable to such Lot and with the denominator equal to the aggregate number of votes for all Class A Members. Should any surplus exist at the end of any year, the Board may reduce the amount required for the next year's Regular Assessments by an amount equal to such surplus, as determined by the Board in its discretion.
SECTION 4.3. SPECIAL PURPOSE ASSESSMENTS. The Board may, from Ame to that normally would have been paid out of Regular Assessments which was not in year's budget for Regular Assessments. Such Special Purpose Assessments sha among Owners (not including Declarant) in the same manner as the Regulg b. Reimbursing the Associay Association with regard to fire i mgintendnée, r r replacement of signs, screening, decorative
s sha among Owners (not including Declarant) in the same manner as the Regulg b. Reimbursing the Associay Association with regard to fire i mgintendnée, r r replacement of signs, screening, decorative S on such Member's Lot or serving such Member's | of trash, litter and abandoned items, that such yce as required by the provisions of this Declaration, @Board (or in cases where such deficiency cannot reasonably 8, within a reasonable period of time necessary to correct such Owner avd; to the fullest extent permitted by law, such Non-Member Owner's particular Lot is subject to a lien to secure payment of such a Special Member Assessment, all as provided in Section 4.6 and Section 4.7 below.
SECTION 4.5. DUE DATE OF ASSESSMENTS. The Regular Assessments provided for herein shall be payable annually within thirty (30) days after an invoice is delivered by the Association to an Owner; provided, however, the Board shall have the right to require payment of Covenants, Conditions, Restrictions & Easements — Berry Creek Village Page 9 of 39 D223049579 Page 10 of 69 Regular Assessments at other intervals if it deems such is appropriate (but with payment not required any earlier than ten (10) days after delivery of the invoice therefor). The due date of any Assessment under Section 4.3 or Section 4.4 shall be fixed in the notice to the Owner or Owners providing for such Assessment, but will not be sooner than thirty (30) days after the date of such notice. Regular Assessments shall be due no later than January 31° for the calendar year.
SECTION 4.6. PERSONAL OBLIGATION FOR PAYMENT OF ASSESSMENTS.
The Assessments provided for herein shall be the personal and corporate debt of the Owneaof the Board shall have the right to reject any partial payment of any Assess
ATION FOR PAYMENT OF ASSESSMENTS.
The Assessments provided for herein shall be the personal and corporate debt of the Owneaof the Board shall have the right to reject any partial payment of any Assess made for any period of time that an Owner owns the Lot are] re not pass to unrelated third-party purchasers of such propert assumed by such purchaser. However, the lien for any unpaid enfs shall be unaffected by any such property affected thereby, or portion thereof,and sha € in full force and effect.
company designated to handle such transaction, unpaid Assessments, such notice to be sive} yn least thirty (30) days before that date on ene | gaction is to be consummated. A copy of such notice shall be sent to the Associati iné time. A former Owner shall not be liable for Assessments made with respegt to pepe no longer is the Owner of such Lot.
SECTION _4.7. AS a LIEN AND FORECLOSURE. ALL SUMS ASSESSED IN THE MA if KR Ne XIDED FOR IN THIS ARTICLE OR OTHER AMOUNTS DUE FROM OWNER AS @RQVHDED IN THIS DECLARATION, TOGETHER WITH INTEREST FROM SUCHSD a E AT THE DEFAULT RATE OF INTEREST AND THE A [IXCLUDING, BUT NOT LIMITED TO, REASONABLE ECURED BY A CONTINUING CONTRACTUAL LIEN AND CHARGE ON RROPERTY COVERED BY SUCH ASSESSMENT OR TO WHICH SUCH AMO s%, WHICH SHALL BIND SUCH PROPERTY AND THE OWNER THERBOFS TSMEIRS, SUCCESSORS, DEVISEES PERSONAL REPRESENTATIVES A The aforesaid continuing contractual lien shall attach to such portion of the P e date of the recording of this Declaration and shall be superior to all liens other leaseback-dgreement or lease and sub-leaseback agreement whereby an Owner sells and simultaneously acquires a possessory interest under a lease from or other agreement with such
ior to all liens other leaseback-dgreement or lease and sub-leaseback agreement whereby an Owner sells and simultaneously acquires a possessory interest under a lease from or other agreement with such transferee, and (c) the lien securing real estate taxes; provided, however, the types of liens referenced in (a) and (b) above shall be inferior and subordinate to the lien securing the obligation to pay Assessments to the extent of all unpaid Assessments set forth in any recorded Notice of Unpaid Assessment (as defined below) existing as of the date of such other lien that has not been duly released by the Association. The Association shall have the power to subordinate the aforesaid Covenants, Conditions, Restrictions & Easements — Berry Creek Village Page 10 of 39 D223049579 Page 11 of 69 Assessment lien to any other lien. The exercise of such power shall be entirely discretionary with the Association. Except for a conveyance to a purchaser at a foreclosure sale pursuant to a lien to which the Assessment lien is subordinate as provided above, all parcels within the Property are conveyed to and accepted and held by the Owner thereof subject to the Assessment lien provided for in this Section 4.7. To evidence any unpaid Assessments, the Association may prepare a written notice of unpaid Assessment (the “Notice of Unpaid Assessments”) setting forth the amount of the unpaid indebtedness, name of the Owner of the affected property and a description of the affected property. Such notice shall be signed by one of the officers of the Association apd shall Association shall record an appropriate release of any recorded Notice of Unpaid 4 when the amounts referenced therein have been paid. THE LIEN FOR ASSESSMENTS MAY BE ENFORCED BY FORECLOSURE OF THE
ll Association shall record an appropriate release of any recorded Notice of Unpaid 4 when the amounts referenced therein have been paid. THE LIEN FOR ASSESSMENTS MAY BE ENFORCED BY FORECLOSURE OF THE DEFAULTING OWNER'S PROPERTY BY THE ASSOCIATION SUBS RECORDING OF THE NOTICE AS PROVIDED ABOVE EITHER FORECLOSURE OR BY NONJUDICIAL FORECLOSURE yess fay R 0 foreclosure proceeding, whether judicial or nonjudici Owner shall be required to pay the costs, expenses and keaSqnable attorneys’ fees incurred by the other legal sale and to acquire, hold, leas€no ‘ Upon the written request of any mortgag Association shall report to said mortgage the time of the report.
ien on any part of the Property, the ents which are delinquent and unpaid at SECTION 4.8. C furnish a certificate setting duties agd ‘authorities shall be as provided in the Association Documents. The Board shall exist or the benefit of the Property, the Association and the Members.
the settitrg-collection and disbursement of Assessments. In general, the Board shall be empowered to cause the Association to take the following actions and to expend Regular Assessment and Special Purpose Assessment funds for the following purposes: a. the payment of the Shared Use Expenses; b. the employment of independent consultants or independent contractors to manage Covenants, Conditions, Restrictions & Easements — Berry Creek Village Page 11 of 39 D223049579 Page 12 of 69 day to- day operations of the Association; provided, however, neither the directors of the Association nor members of the DRB shall be paid any salary or other compensation for serving in such capacity; Cc. the employment of legal, accounting, engineering, architectural or other
tors of the Association nor members of the DRB shall be paid any salary or other compensation for serving in such capacity; Cc. the employment of legal, accounting, engineering, architectural or other independent professional services, including, but not limited to, any services required to provide architectural review for any plans for the construction of Improvements on a Lot; d. the purchase of a policy or policies of insurance insuring the Association, the F and the DRB against any liability to the public or to the Owners (and/or visitors ag incident to operation of the Association or the DRB; and f. the payment of costs incurred in the e Association of any of their authorities, duties and rig SECTION _5.3. ADDITIONA ASSOCIATION. Subject to the provisions S AND DUTIES OF THE following additional authorities and duti fen behalf of the Association with respect to performance of the rights and obkgatiéngé of \ésociation hereunder and the right to expend (ii) —_ utility consumption and services necessary for the operation the Shared Use Areas and the Shared Facilities and the provision and peration of the Shared Services; and (iii) | maintenance, repair and operation of Shared Use Areas, the Shared Facilities.
(iv) | Landscaping; and (v) design, engineering and other consultant contracts.
b. to determine the Shared Services that should be obtained by the Association for the benefit of the Owners, subject to the approval of a Majority Vote of the Members; Covenants, Conditions, Restrictions & Easements — Berry Creek Village Page 12 of 39 D223049579 Page 13 of 69 c. to designate Shared Use Areas and Shared Facilities not listed in Section 1.2.bb and Section 1.2.dd, subject to the approval of a Majority Vote of the Members;
age 12 of 39 D223049579 Page 13 of 69 c. to designate Shared Use Areas and Shared Facilities not listed in Section 1.2.bb and Section 1.2.dd, subject to the approval of a Majority Vote of the Members; d. to designate Project Signage Identification Areas and to promulgate rules related to the type of signage included therein; e to borrow funds to pay any costs of operation, secured by assignment or p Assessments, as the Board may determine to be necessary and appropriate in accordance Declaration for prudent operation and management of the Association; g. to use or to defend in any court of law on beha h. to make, or cause to be made, any tax returns federal, state or local governmental authorities; i. to make available to each Owner within undred twenty (120) days after the inancial affairs of the Association s in Good Standing holding two-thirds all of the Class A Members in Good for the preceding year, and, upon written r st @ (2/3) of the Class A Member votes eligible¢ Standing, to have such report audited by-arry the Board, which audited repo if r¢ Member as soon as practical a $3 Q] Wf be completed and made available to each eived by the Board; provided, however, prior to otéS in favor of such audit, the cost shall be borne by } and the Association may require that such audit costs : to enforce the provisions of this Declaration and the Development Guidelines and to enjoin action or seek damages and/or remedial action from any Owner for violation of this Declaration or the Development Guidelines, which right shall include, but is not limited to, the right, but not the obligation, to enter into any part of the Property to perform obligations of the Owner thereof who has failed to do so in accordance with the provisions of this Declaration or the
e right, but not the obligation, to enter into any part of the Property to perform obligations of the Owner thereof who has failed to do so in accordance with the provisions of this Declaration or the Development Guidelines; Covenants, Conditions, Restrictions & Easements — Berry Creek Village Page 13 of 39 D223049579 Page 14 of 69 iF to maintain books and records with respect to all aspects of the operations of the Association and to the levy, collection, receipt, administration, expenditure and disposition of all Assessments and other funds held by the Association in accordance with sound accounting practices (that separately reflect all Association reserve funds), and to permit any Owner (or a person designated by such Owner in writing) to inspect, copy and audit the same upon reasonable notice during normal business hours at an office of the association or Declarant located in Tarrant County, Texas; DRB in reviewing and approving or disapproving plans and specifications for I to revise such from time to time as the Board, in its discretion, deems approprja restrict or diminish rights of Owners as specifically provided Guidelines may be amended at any time by the Board.
n. to appoint members and advisory me below; q- functions as are necessary to carry out the rights and obligations of the Boatdéaad t? siation under this Declaration.
The Association shall h ght’o perform such other functions, and to utilize Assessments to pay the cost there¢ ent that such other functions and services are approved by a AFFILIATED CONTRACTS. The Board, acting on behalf of the Associat e full power and authority to contract with any Owner, including, without i , for performance of services which the Association is obligated or authorized
. The Board, acting on behalf of the Associat e full power and authority to contract with any Owner, including, without i , for performance of services which the Association is obligated or authorized the bestatéfest of the Association provided that the level of service received is consistent with that available from third parties. In determining whether any such affiliated contract is competitive, the Board shall obtain estimates, bids or informal quotes from other possible providers of similar services, all of which shall be made available for review by any Owner upon written request submitted to the Association.
Covenants, Conditions, Restrictions & Easements — Berry Creek Village Page 14 of 39 D223049579 Page 15 of 69 SECTION 5.5. LIABILITY LIMITATIONS. No Member, director, officer or representative of the Association shall be personally liable for debts or liabilities of the Association. The directors and officers of the Association shall not be liable for any mistake of judgment, whether negligent or otherwise, except for their own individual willful misfeasance or malfeasance, misconduct, bad faith, intentional wrongful acts, approval of actions that violate the provisions of Section 7.1.b. below or as provided in the Association Documents. Such directors and officers shall have no personal liability with respect to any contract or other commitment made by them, in good faith, on behalf of the Association, and the Association, as a Common Expense of the Association, shall defend, indemnify and hold such directors and officers harmless fkorg any and all expense, loss or liability to others on account of any such contract or commig extent not covered by insurance proceeds). In addition, each director and eack
rs and officers harmless fkorg any and all expense, loss or liability to others on account of any such contract or commig extent not covered by insurance proceeds). In addition, each director and eack Association shall be indemnified and held harmless by the Association, as a Cor fo the Association, from any expense, loss or liability to others (to the extent not cd e incurred subject to any provisions regarding indemnity conta except in cases wherein the expenses, losses and liabijs director or such officer is adjudicated guilty of will bad faith in the performance of his duties or intentig an act specified in the Association docu forth in the Association Documents is not ap ndemnity does cover liabilities resulting from such director's or officer's negligenge y when the Board approves such settlement of the Association. Any right to indemnification nd maintain in force, to the extent such is available (a) liability insurance and any and all portions of the Shared Use Areas, and any improvements Able; (b) errors and omissions insurance for the Board, officers of the Association and the DRB, and (c) fidelity bonds for all Board members, officers or employees of the Association.
The Board shall carry such insurance at such limits of coverage and with financially sound companies licensed to do business in Texas as the Board deems appropriate, Notwithstanding the above, the Association shall carry and maintain, to the extent such coverage is reasonably available as determined by the Board liability insurance with policy limits of at least $2,000,000.00 covering occurrences in the Shared Use Areas or as the result of the operation of Shared Services or Shared Covenants, Conditions, Restrictions & Easements — Berry Creek Village Page 15 of 39 D223049579 Page 16 of 69
nces in the Shared Use Areas or as the result of the operation of Shared Services or Shared Covenants, Conditions, Restrictions & Easements — Berry Creek Village Page 15 of 39 D223049579 Page 16 of 69 Facilities. The Association shall use any net insurance proceedings for the purpose the insurance was intended, including, but not limited to, the repair and/or replacement of any damaged or lost property, whether real or personal. Any unused balance from the proceeds of insurance paid to the Association shall be retained by the Association for use in the payment of Shared Use Expenses.
Should insurance proceeds be insufficient to fully reimburse any loss or damage, the Association may levy a Special Purpose Assessment, or a Special Member Assessment, whichever is applicable, to cover such deficiency.
ARTICLE VI DEVELOPMENT REVIEW BOARD SECTION 6.1, CREATION OF DEVELOPMENT REVIEY the Board, from time to time, may appoint non-voting advis é Conversion Date, the appointment of the three (3) voting me pproved by Declarant, and such members of the DRB and the non-voting adviso ay be removed by the Board or Declarant with or without cause. After the Gonversi e Board then shall have the exclusive right and authority at any time, and fro e to time thereafter, to create and fill the three (3) Owner vacancies on the DRB and to remove agy*ef such Owner members of the DRB the right to remove the one (1) representati members of the DRB shall be the act of the SECTION 6.2. FUNCTJQN MENT REVIEW BOARD. A function of the DRB is to review and appteVe i ve plans and specifications for Improvements proposed to be installed or Ss of the Property. NO IMPROVEMENTS SHALL BE ERECTED, CONSTR D, ALTERED, REMODELED, DEMOLISHED OR SPECIFICATIONS, NECESSARY, SHA IN WRITING. The must b Voy art
Improvements proposed to be installed or Ss of the Property. NO IMPROVEMENTS SHALL BE ERECTED, CONSTR D, ALTERED, REMODELED, DEMOLISHED OR SPECIFICATIONS, NECESSARY, SHA IN WRITING. The must b Voy art authori alechandémploy professional consultants to assist it in discharging its duties if the DR at it does not have sufficient expertise or time to review any submitted plans the onsultants to be paid by the Owner of the Lot for which plans have been submitted for approve which cost shall be in addition to the review fee referenced above and the Association may uséthé’ deposit required in Section 6.3.] for the cost thereof. The process of reviewing and approving plans and specifications is one which of necessity requires that the DRB is called upon from time to time to make subjective judgments on items for which specific standards or guidelines are not expressly set forth in this Declaration or the Development Guidelines. The DRB has full power and authority to make any such subjective judgments and to interpret the intent and provisions of this Declaration and the Development Guidelines in such manner and with such results as the DRB, in its sole discretion, may deem appropriate, and in the absence of final Covenants, Conditions, Restrictions & Easements — Berry Creek Village Page 16 of 39 D223049579 Page 17 of 69 adjudication by a court of competent jurisdiction that the DRB has abused its discretion, such action by the DRB shall be final and conclusive. While the Development Guidelines are intended as a general guide for development within the Property, the DRB shall have the right to grant variances form the Development Guidelines as it, in its sole judgment, deems appropriate;
nes are intended as a general guide for development within the Property, the DRB shall have the right to grant variances form the Development Guidelines as it, in its sole judgment, deems appropriate; provided, however, such variances may not be used as to allow violations of this Declaration. The DRB shall have the sole discretion to determine whether plans submitted to it for approval are acceptable, and the DRB or the Association shall be entitled and empowered to enjoin or remove any construction undertaken pursuant to plans that have not been approved in writing by the,DRB.
Improvements for which DRB approval is required are to be constructed in accordance ¥ Development Guidelines in existence as of the date the preliminary plans therefor ag to the DRB as required hereunder. Subsequent changes to the Development Gui require changes in existing construction or plans previously approved by the D AND POWERS OF THE DRB UNDER THIS ARTICLE VI ARE S PROVISIONS OF SECTION 7.1.b BELOW.
SECTION 6.3, PLANS & SPECIFICATIONS.
(i) archiggy into consideration the height, form, prop .
materials quality air; equacy of Lot dimensions for the proposed Improvements; conformity and harmony of external design with gments on neighboring Lots and types of operations and uses (iv) _ relation to topography, grade and finish ground elevation to that of neighboring Lots; (v) screening of mechanical and other installations; (vi) functional appropriateness with respect to vehicle handling, pedestrian circulation, siting of building (in relationship to other buildings, existing or proposed, located on other Lots), drainage, utility service systems and lighting; (vii) type, extent and quality of landscaped areas; Covenants, Conditions, Restrictions & Easements — Berry Creek Village Page 17 of 39
on other Lots), drainage, utility service systems and lighting; (vii) type, extent and quality of landscaped areas; Covenants, Conditions, Restrictions & Easements — Berry Creek Village Page 17 of 39 D223049579 Page 18 of 69 (viii) exterior signing; or (ix) | compliance with the purpose and general plan, intent and provisions of this Declaration and the Development Guidelines.
Each Owner shall follow the procedures and requirements for the submission of plans and specifications for proposed Improvements as set forth in the Development Guidelines. The DRB Owner or its representatives to discuss and answer questions concerning proposed I and their compliance with this Declaration and the Development Guidelines.
- The DRB must approve in accept the Owner's submission for information specified and required in the Develop writing the Owner's design concept before the DR Preliminary Plans Review. THIS DESIGN CON@EE NTATION SHALL OCCUR AS EARLY AS POSSIBLE IN THE DESIGN PASE OR IMPROVEMENTS. A PRIMARY PURPOSE OF THIS INITIAL PRESENTA PN DENTIFY ANY GENERAL DESIGN ASPECTS OF THE PROPOSED IMPR HAT ARE UNACCEPTABLE TO THE DRB AT A TIME PRIOR TO THE O G INCURRED SUBSTANTIAL DESIGN AND ENGINEERING COST d. Based on th DRB its preliminary plans $o by the DRB. Such plans_sha ride and required in the DeVgregnienNg@uidelines and such other information as may be required by the Gos in writing the Owner's preliminary plans for such Improvements SCN DRB. The DRB mug before the D e Owner's submission for Final Plans Review.
t approved by the DRB, the Owner shall submit to the bgsed Improvements on its Lot for Preliminary Plans Review ed ton the preliminary plans approved by the DRB, the Owner shall submit to
lans Review.
t approved by the DRB, the Owner shall submit to the bgsed Improvements on its Lot for Preliminary Plans Review ed ton the preliminary plans approved by the DRB, the Owner shall submit to theQRB tts fh, s and specifications for the proposed Improvements on its Lot for Final Plans Re e IDRB. Such plans shall be prepared by an architect, professional engineer, landscape architect‘aad land surveyor (as appropriate) registered under Texas law, bearing the signature, seal edtion of such architect, professional engineer, landscape architect and land surveyor and shall provide and show all of the information, drawings and data specified and required in the Development Guidelines and such other information as may be required by the DRB. The plans shall be accompanied by the written certification by the Owner's architect that the Improvements comply with the objective provisions of the Development Guidelines and this Declaration. If any of the plans that are submitted do not comply with the objective provisions of this Declaration or the Development Guidelines, the Owner's architect, in such certificate, shall specify and explain Covenants, Conditions, Restrictions & Easements — Berry Creek Village Page 18 of 39 D223049579 Page 19 of 69 any noncompliance.
f. At the request of an Owner, the DRB shall review plans for phased or “fast-track” construction prior to reviewing plans for the completed construction project. All additional costs of consultants necessary to provide this type of review shall be paid by the Owner. Any such request for such approval procedure shall be at the risk of such Owner, because the DRB shall have the right to withhold further approvals or to withdraw its approval of plans previously
ner. Any such request for such approval procedure shall be at the risk of such Owner, because the DRB shall have the right to withhold further approvals or to withdraw its approval of plans previously submitted if later plans for further construction on such Lot result in such previously aparoved Guidelines or being consistent in all material respect with plans for the Lot previoug by the DRB. In such event, the Owner shall modify any such previously constructed as may be required by the DRB.
g. Approval of plans and specifications shall be based upo yf ade fect e$ eStaplished for the Property with regard to aesthetic quality and the other requemepts o{thts-Dgclaration and the of the plans or other submissions and shall give the reasons fdg such disapproval. Approval of any plans with regard to certain Improvements on any Lotghall noNge teéméd a waiver of the DRB's right, in its discretion, to disapprove similar plans ecifications, or any of the features or elements included therein, for any other Improvements ch Lot or any other Lot or to refrain from granting similar variances.
h. If any submission of plans is O g or does not include all data required by this Declaration or the Development GuidetitgsNhaDRB, within ten (10) business days after such submission, shall notify the Owng deffQiencies, and such plans shall not be considered to have been submitted until suc or disapprove any concept des Owner as provided above fully complete as required b the DRB has approved such sly Submitted plans and specifications, unless prior to the end of ¢ been corrected. Should the DRB fail to approve f work is not commenced (meaning completion of the pouring of the foundation) within One-fiundred twenty (120) days from the date of DRB approval of final plans, then the
hould the DRB fail to approve f work is not commenced (meaning completion of the pouring of the foundation) within One-fiundred twenty (120) days from the date of DRB approval of final plans, then the approval given pursuant to this Article VI shall be deemed revoked by the DRB, unless the DRB extends the time for commencing work. In any event, all work covered by such approval, once commenced, shall be constructed with due diligence and completed as soon as reasonably possible, but must be completed within eighteen (18) months of the commencement thereof, except for such period of time as such completion is rendered impossible or result in great hardship due to strikes, fires, national emergencies, critical materials shortages or other intervening forces beyond the Covenants, Conditions, Restrictions & Easements — Berry Creek Village Page 19 of 39 D223049579 Page 20 of 69 control of the Owner, unless the DRB extends the time for completion. If the Owner fails to complete construction within the foregoing time period, the Association may upon thirty (30) days prior written notice, in its sole discretion and at the Owner's expense, either (i) complete such construction, or (ii) remove the incomplete Improvements; provided, however, if the Owner commences the construction within such thirty (30) day period and diligently pursues such construction to completion, the Association may not elect the remedies set forth above, unless the Owner fails to diligently complete such construction in which event the Association may elect such remedies and no further notice to the Owner shall be required.
j. The DRB shall not review any plans submitted in accordance with thig Association shall return any unused portion of such deposit within sixty (60) days afté ation's receipt of a copy
l be required.
j. The DRB shall not review any plans submitted in accordance with thig Association shall return any unused portion of such deposit within sixty (60) days afté ation's receipt of a copy of the certificate of occupancy for the Improvements.
reasonable business hours, to enter upon and j construction to determine whether or not t of such Lot and Improvements wy on behalf of the Association, 3 removal or correction of any 1 efit Guidelines, an Owner may make improvements and y building on its Lot without first obtaining DRB approval, e exterior appearance of any Improvements or alter required parking sucha appreval is required for changes within the interior of any building that do not change exterior appearance.
SECTION 6.7. LIMITATION OF LIABILITY. Declarant, the Association, the Board or any of its members and the DRB or any of its members, shall not, individually or in combination, be liable in damages or otherwise to any Person submitting plans or specifications for approval or to any Owner of any portion of the Property, by reason of subjective decisions, mistake in Covenants, Conditions, Restrictions & Easements — Berry Creek Village Page 20 of 39 D223049579 Page 21 of 69 judgment, negligence or nonfeasance arising out of or in connection with the approval or disapproval or failure to approve or to disapprove any plans and specifications submitted; provided, however, this provision does not apply to acts of willful misfeasance or malfeasants, misconduct, bad faith, intentional wrongful acts, actions that violate the provisions of Section 7.1.b below or to any act specified in the Association Documents as an act for which any limitation of liability set forth in the Association Documents as an act for which any limitation of liability set
.b below or to any act specified in the Association Documents as an act for which any limitation of liability set forth in the Association Documents as an act for which any limitation of liability set forth in the Association Documents is not applicable. Declarant, the Association, the Board or any of 1 its members and the DRB or any of its members shall not, individually or in combinafaon, be Property. APPROVAL OF PLANS AND SPECIFICATIONS BY THE DRB CONSTITUTE ANY WARRANTY OR REPRESENTATION THAT SUCH-P has complied with the provisions of this Article VI, the Assod written certificate of such compliance in recordable foxm, and % evidence of such compliance.
SECTION 6.9. DOCUMENTATION. (30) days after completion of any Improvements, the Owner of such Lot sh é>Association as-built site plan, utility, drainage and landscape plans, plans for irrig¢ dy stefys on and adjacent to such Lot and such other as-built information which may be yequgsted\gythe Board or the DRB.
sefmitted on the Property that is not allowed under applicable s gither already adopted or as may be adopted by the City or other Each Owner, occupant or other user of any portion of the Property at 6m time to time. INSOME INSTANCES, GOVERNMENTAL REQUIREMENTS ORE OR LESS RESTRICTIVE THAN THE PROVISIONS OF THIS DECLARATION AND THE DEVELOPMENT GUIDELINES. IN THE EVENT A CONFLICT EXISTS BETWEEN ANY SUCH GOVERNMENTAL REQUIREMENT AND ANY REQUIREMENT OF THIS DECLARATION OR THE DEVELOPMENT GUIDELINES, THE MOST RESTRICTIVE REQUIREMENT SHALL PREVAIL, EXCEPT IN CIRCUMSTANCES WHERE COMPLIANCE WITH A MORE RESTRICTIVE PROVISION OF THE DECLARATION OR THE DEVELOPMENT GUIDELINES WOULD RESULT IN A Covenants, Conditions, Restrictions & Easements — Berry Creek Village Page 21 of 39 D223049579 Page 22 of 69
RE RESTRICTIVE PROVISION OF THE DECLARATION OR THE DEVELOPMENT GUIDELINES WOULD RESULT IN A Covenants, Conditions, Restrictions & Easements — Berry Creek Village Page 21 of 39 D223049579 Page 22 of 69 VIOLATION OF MANDATORY APPLICABLE GOVERNMENTAL REQUIREMENTS, IN WHICH EVENT THOSE GOVERNMENTAL REQUIREMENTS SHALL APPLY.
COMPLIANCE WITH MANDATORY GOVERNMENTAL REQUIREMENTS WILL NOT RESULT IN THE BREACH OF THIS DECLARATION OR THE DEVELOPMENT GUIDELINES EVEN THOUGH SUCH COMPLIANCE MAY RESULT IN NONCOMPLIANCE OF PROVISIONS OF THIS DECLARATION OR THE DEVELOPMENT GUIDELINES. WHERE A GOVERNMENTAL REQUIREMENT DOES NOT CLEARLY CONFLICT WITH THE PROVISIONS OF THIS DECLARATION OR THE DEVELOPMENT THIS DECLARATION OR THE DEVELOPMENT GUIDELINES, THE PROV THIS DECLARATION AND THE DEVELOPMENT GUIDELINES SHALLAPR b. NOTWITHSTANDING ANYTHING TO T THE PROVISIONS OF THIS DECLARATION OTHER 1 AUTHORITY TO EXERCISE ANY OF THE PO THEM IN THIS DECLARATION IN SUCH A MA ANY OWNER OF ITS LOT FOR ANY USE (i) Ae PROVISIONS OF SECTION 7.1.a ABO A of, PROVISIONS OF SECTION 7.2 BELOW. @ NOT ADOPT (INITIALLY OR BY ARE DESIGNED TO PROHIBH A WOULD BE IN COMPLIA i/o LIES WITH THE FOREGOING IS NOT PROHIBITED BY THE eK. EXAMPLE, THE BOARD SHALL {ENEY DEVELOPMENT GUIDELINES THAT W. FURTHER, BY WAY OF EXAMPLE, THE DRB SHALL NOT EX} PROVAL RIGHTS UNDER ARTICLE VI OF THIS DECLARATION IN A MA ENDED TO PROHIBIT AN OWNER'S USE OF ITS LOT THAT OTHERWISE {IN THIS DECLARATION, OR (ii) THE OBLIGATIONS OF EACH FULLY WITH THE PROVISIONS OF THIS DECLARATION, WAY OF EXAMPLE, BUT NOT IN LIMITATION, THE PROVISIONS SECTION 7.2. PROHIBITED USES. Without limiting the generality of Section 7.1, above, the following uses are prohibited on the Property;
CLARATION, WAY OF EXAMPLE, BUT NOT IN LIMITATION, THE PROVISIONS SECTION 7.2. PROHIBITED USES. Without limiting the generality of Section 7.1, above, the following uses are prohibited on the Property; a. residential use, including dormitories, duplexes, multi-family, single family, retirement housing, or handicapped group homes.
Covenants, Conditions, Restrictions & Easements — Berry Creek Village Page 22 of 39 D223049579 Page 23 of 69 b. overnight parking of campers, mobile homes, boats, trailers or motor homes; Cc. junk yard, salvage yard or storage facility for abandoned vehicles, abandoned aircraft or abandoned aircraft or vehicle parts; d. the dumping and incineration of garbage or refuse of any nature, except as the DRB may specifically permit in writing; e. the smelting of iron, tin, or zinc; f. sanitary landfill; g. pawn shop; h. sexually-oriented business such as, but not limited xr my e OKVdeo sales, theater or rental facility, nude modeling studio, massage parl e ub featuring nude or semi-nude entertainers or escort service; i. slaughterhouse or feedlot; j- the raising, breeding or keeping of anima oultry; k. drive-in movie theater; © 1. mineral refining facility op SS m. horse or dog rags choNany facility for off-track pari-mutuel betting; n. jails, priso fa 0. drug, alcoho stefhce abuse clinic; p. sawm if) and related manufacturing facilities; r teries; ea markets; t. auto auction; and u. manufactured building sales.
SECTION 7.3. ADDITIONAL RESTRICTIONS FOR SPECIFIC LOTS. None.
Covenants, Conditions, Restrictions & Easements — Berry Creek Village Page 23 of 39 D223049579 Page 24 of 69 SECTION 7.4. LOT CIRCULATION. Declarant intends for the Property to be developed in such a manner to minimize the number of curb cuts on to and median cuts in Streets
23 of 39 D223049579 Page 24 of 69 SECTION 7.4. LOT CIRCULATION. Declarant intends for the Property to be developed in such a manner to minimize the number of curb cuts on to and median cuts in Streets to those set forth in the Plat; all other curb and median cuts must be approved in writing in advance by the DRB and City. Each Owner, in accordance with the provisions of the Development Guidelines, shall install sidewalks on its Lot if, as, and when required to do so by the City. The design, materials and location of such sidewalks are subject to approval of the DRB. In addition, pedestrian circulation areas around buildings and parking areas shall be installed and landscaped as shown on the Preliminary Plans approved by the DRB. Each Owner acknowledges the exastence Lot shall be so located, marked and protected from encroach times. Appropriate signage, subject to DRB approval, shall bé be required either by any public authority or by the Dp placed on the Property, except a signs shall be placed on the provide an entryway mon a Lot, pursuant to plans approved by the DRB, is required.
pr illumination, with respect to fixture type, method of erection, and base installation, must be approved by the DRB in its sole eht to lease and/or install cell phone towers, tower antennae or satellite receiving or transmitting equipment. However, Declarant shall have the sole and exclusive right to lease the Property for the installation of cell phone towers, tower antennae or satellite receiving or transmitting equipment.
SECTION 7.10. UNDERGROUND UTILITIES. Any and all pipes, lines and wires used for the transmission of water, fuel, natural gas, electricity, telephone, television, sewage, sound or Covenants, Conditions, Restrictions & Easements — Berry Creek Village Page 24 of 39
nd wires used for the transmission of water, fuel, natural gas, electricity, telephone, television, sewage, sound or Covenants, Conditions, Restrictions & Easements — Berry Creek Village Page 24 of 39 D223049579 Page 25 of 69 any other utilities that are not within a building shall be constructed and maintained underground within the Property unless required to be above ground for technical or environmental reasons and approved by the DRB. However, temporary above-grade utilities may be approved by the DRB for use during construction and until permanent underground services are available to the Lot upon written advance approval by the DRB. No well shall be constructed on the Property, except by Declarant or the Association on Property owned by Declarant or the Association unless otherwise approved by Declarant.
SECTION 7.11. SCREENING. All towers, tower antennae, satellite receiving transmitting equipment, roof-mounted equipment, other equipment, outside storag service areas on the Property, and such other items and areas as designated by tbe screened to the extent reasonably practical from ground level view. The DRB sha to determine what facilities or areas must be screened and the screening materia remeénts for each.
SECTION _7.12. LANDSCAPING. Each Owng D gously with the nimproved areas on its er than on land held for in good condition and repair and in a neat and orderl\apgearance and shall be responsible for all expenses relating to the maintenance, repair or replagentenfef Landscaping on each Owner's Lot.
DRB.
SECTION 7.13. TRASH.AN . No Lot, or part thereof, shall be used or Sod biAlY trash or garbage before, during or after the q {on containers areas shall be established by the Plat sed as required by the DRB as not to be visible from
t, or part thereof, shall be used or Sod biAlY trash or garbage before, during or after the q {on containers areas shall be established by the Plat sed as required by the DRB as not to be visible from yritten notice by the Association to an Owner, said Owner shall trash, rubble or construction debris, or to exercise reasonable care to construction of Improvements. The Association shall be responsible at its own expense to maintain all outdoor trash receptacles in accordance with all requirements of the City.
SECTION 7.14. SURFACE WATER FLOW AND DRAINAGE. Plans for all dams, lakes, ponds, other “water features” of any kind and general Lot drainage must be submitted in advance for DRB approval. Each Owner shall control water runoff drainage from his Lot to prevent damage to adjacent tracts, Streets or any other area in the Property.
Covenants, Conditions, Restrictions & Easements — Berry Creek Village Page 25 of 39 D223049579 Page 26 of 69 SECTION 7.15. ENVIRONMENT.
a. No Owner, lessee, tenant, operator or other occupant of the Property or any portion thereof shall handle, store, deposit, use, process, manufacture, dispose of or release or allow any of its agents, employees, contractors or invitees to handle, store, deposit, use, manufacture, dispose of or release any Hazardous Substances (hereinafter defined) of from, on, in, under or in the air above any part of the Property, including, but not liz surface waters or groundwater located on the Property, or into public sanita “hazardous materials”, “pollutant”, “contaminant” or “tox nder, or otherwise regulated by, any Environmental Law; including, but not limi : (i)Jmjxtures containing listed Hazardous Substances and waste generated from the fxreatmen efor disposal of Hazardous
nder, or otherwise regulated by, any Environmental Law; including, but not limi : (i)Jmjxtures containing listed Hazardous Substances and waste generated from the fxreatmen efor disposal of Hazardous Substances, (11) asbestos, (iii) polychlorinated bip s, (iv) radioactive materials, and (v) petroleum (including crude oil or any fraction theregf) al gas, natural gas liquids, liquified natural gas and synthetic gas. “Environmental La S nedn and include all present and future federal, state or local laws, rules, orders, afina gs/aiid regulations pertaining to environmental regulation, or the use, processing, storage, 4 eration or transportation of Hazardous Substances, or any contamination, cleanypd ssuré related thereto, including, but not limited né TEX. WATER CODE ANN,., the Resource Conversation and Recovery Environmental Response, Compensation and Liability Act of 1976, 42 Compensation, and Liabilf al Entity, and the Association may use the deposit required in Section 6.3. for the cost thereof; provided, however, this covenant does not apply to Hazardous Substances generated on or migrating from other Lots or already existing on the Lot in question as of the date of the Acquisition of such Lot by such Owner. The covenant in the immediately preceding sentence itself does not create any obligation of an Owner or any lessee, tenant, occupant or other user of a Lot other than for the payment of the costs and expenses described in such sentence, and no Person has any rights under the covenant in such sentence to enforce any claim for any remedy against Covenants, Conditions, Restrictions & Easements — Berry Creek Village Page 26 of 39 D223049579 Page 27 of 69 such Owner or such lessee, tenant, occupant or other user of such Lot other than for the payment
ants, Conditions, Restrictions & Easements — Berry Creek Village Page 26 of 39 D223049579 Page 27 of 69 such Owner or such lessee, tenant, occupant or other user of such Lot other than for the payment or recovery of the costs and expenses described in such sentence.
@ The provisions of this Section 7.17 do not affect the rights, liabilities or obligations of any Person under Environmental Laws or other applicable laws.
SECTION 7.16. FENCES. The use of fences on the Property is permitted in only with advance approval in writing by the DRB.
SECTION 7.17. PROHIBITED ACTIVITIES. No dangerous, noxious, nuisance activities or any activities that violate any applicable laws shall be condu of the Property. No operation or use of any portion of the Property shall be perms by any Owner or its agents, employees, contractors, occupants or inviteestha and do all things reasonably necessary oxon continue and complete such improvement temporary buildings (including trailer, equipment and the installation of tempofary g, but not limited to, the provision of storage of construction materials and Ge of such types, in such sizes and at such Declarant as Declarant deems appropriate. In expense, to install on any Lot a standardized sign er engaged to construct Improvements on any portion of any Lot may wc#ion operations and activities and do all things reasonable necessary as required commence, continue and diligently complete construction of any such including the provision of temporary buildings or trailers for administration of work artt-for the storage of materials and equipment, and the construction of temporary security fences and lighting, except that all construction activities, temporary structure, storage of materials
work artt-for the storage of materials and equipment, and the construction of temporary security fences and lighting, except that all construction activities, temporary structure, storage of materials and equipment, all construction-related parking and temporary security fences shall be confined entirely on such Lot. Topsoil shall be scraped and preserved before laying temporary parking lots.
b. Each Owner shall take such action as is necessary to keep the Property reasonably free from mud, dirt and debris resulting from construction activities on that Owner's Lot. Each Covenants, Conditions, Restrictions & Easements — Berry Creek Village Page 27 of 39 D223049579 Page 28 of 69 Owner is responsible for, and shall cause, through appropriate contractual provisions, all costs of cleaning up any debris or waste improperly disposed of anywhere on the Property. Each Owner and its contractors must maintain an attractive, clean, nuisance-free environment during the period of construction. Declarant shall have the right to reasonably designate points of ingress and egress on the Lot and within the Property for construction vehicles, and each Owner of a Lot on which Improvements are being constructed shall keep all Streets reasonably cleared of mud and dirt left by construction vehicles entering such Lot. Once commenced, all construction on a Lot shall be continued with due diligence and good faith until completion. Each Owner shall cgase its way (negligent or otherwise) resulting from constructio replacement or removal of Improvements to the Lot and th indemnify and hold n any and all damages resulting therefrom. All possible contaminants must be stored 4inment facility that will not allow such to enter any soils on or off the Lot.
v etermine and mark the location of
n any and all damages resulting therefrom. All possible contaminants must be stored 4inment facility that will not allow such to enter any soils on or off the Lot.
v etermine and mark the location of n lines. Declarant or the Association, dwing the location of any such facilities and landscape irrigation lines are to be erations are allowed to start near underground will be adequately compacted to prevent future d. Prior to any excavation on Lot, the and will protect all existing utilities and | cap upon written request by an Owner, will furnt installed by Declarant or the Association located before earth moving or driNing g utilities or landscape irrigatio SECTION 7.20. RIQR BUILDING FINISHES. The sides or backs of any building constructed o Rroperty¥ shall have substantially the same exterior facade finish ARTICLE VIII EASEMENTS ersround services (including, but not limited to, electric power, water, fuel, storm drainage, sewer, industrial sewage, natural gas, telephone, security and other telecommunications systems such as closed-circuit cable television) on all portions of each Lot. Full right of ingress and egress shall be had by Declarant at all times over each Lot for the installation, operation, maintenance, repair or removal of any such utility or service together with the right to remove any obstruction that may be placed in such easement that would constitute interference with the use of such easement, or with the use, maintenance, operation or installation of such utility or service; Covenants, Conditions, Restrictions & Easements — Berry Creek Village Page 28 of 39 D223049579 Page 29 of 69 provided, however, such activities shall be conducted in a manner so as to minimize disruption of
nts, Conditions, Restrictions & Easements — Berry Creek Village Page 28 of 39 D223049579 Page 29 of 69 provided, however, such activities shall be conducted in a manner so as to minimize disruption of other access to and use of a Lot by an Owner and its employees and business invitees. Declarant shall have the right to assign and convey, in whole or in part, the easements reserved hereunder to one or more public utility companies, to the Association, to a City or to any other Person. In addition, Declarant reserves a temporary construction and maintenance easement within the easement areas specified above in this Section 8.1 only to such extent and only for such duration as is reasonably necessary for the construction and maintenance of Street, utilities, drainage facilities and related improvements. Declarant (or its assignee exercising such easementights) and egress over the Property (i) for the use, upkeep, maintenangé or Shared Facilities, or provision of Shared Services, and (ii and Cross-Access Agreement. Any such entry by Declarant 4 shall be made with as minimum inconvenience to the affected eciprocal Parking ation upon the Property easonably practical.
The Association shall have the duty and resgonsib its sole cost and expense, to keep the Shared Use Areas, in a well-maintained sleagoteat, orderly and attractive condition at all times. Such maintenance include i ipfitedo, the following: prompt removal of all litter, trash, refuse, and wastes; lay and shrub care; watering; other Landscaping maintenance; keeping exterjo the chanical facilities in working order; keeping lawn and garden areas, drivewa government, health and Improvements. The Associ br; keeping all signs in good repair; complying with all
eeping exterjo the chanical facilities in working order; keeping lawn and garden areas, drivewa government, health and Improvements. The Associ br; keeping all signs in good repair; complying with all sesony such notice in any calendar year, the Association shall not thereafter be required to deliver such notisefosuch Owner to exercise the foregoing rights).
ARTICLE X GENERAL PROVISIONS SECTION 10.1. BINDING EFFECT AND DURATION. The covenants and restrictions of this Declaration shall run with and bind the Property, shall be binding on all Owners and shall inure to the benefit of and be enforceable by Declarant, the Association and the Owners Covenants, Conditions, Restrictions & Easements — Berry Creek Village Page 29 of 39 D223049579 Page 30 of 69 and their respective heirs, executors, legal representatives, successors and assigns, and shall be and remain in effect for a period of fifty (50) years from and after the date of the recording of this Declaration, after which time this Declaration shall automatically be extended for three (3) successive periods of ten (10) years each, unless after such fifty (50) years an instrument executed and duly acknowledged by Owners owning, in the aggregate, at least a majority of the gross acreage (exclusive of acreage in the Streets and Shared Use Areas) in the Property has been recorded in the Real Property Records of Tarrant County, Texas, abolishing this Declaration.
for i in this Declaration shall be construed together and given that interpfetatidqNer 8 Gon geheral plan of development as reflected in this Declaration. The Board shall ght~power and authority to determine all questions arising under or in connection with ‘sions of fhrs Declaration shall be given oning ordinance or building codes
in this Declaration. The Board shall ght~power and authority to determine all questions arising under or in connection with ‘sions of fhrs Declaration shall be given oning ordinance or building codes of discretion, shall be binding on the Owners. The px full force and effect notwithstanding the existence_o record in the Real Property Records of T f éxas. The captions of each Article and Section hereof as to the contents of each Arti 3 | 1 are in no way to be construed as definin ; the particular Article or Section construed to mean the plural y ending or otherwise modifying or adding to er. The singular wherever used herein shall be d vice versa, and the use herein of any gender “The exhibits referred to herein and attached hereto Peclaration shall be construed under and in accordance NDMENTS. Except as otherwise provided in this Section 10.4, on hereof, may be terminated, amended or vacated as to any portion t to make changes or amendments to this Declaration to correct or clarify errors, stakes or ambiguities contained herein, and (c) Declarant shall have the right to eat this Declaration for the inclusion of additional property or for the deletion of property as provided in Section 1.3. No such termination, amendment, supplement or vacation shall be effective until a written instrument setting forth the terms thereof has been executed by the parties by whom approval is required as set forth above and recorded in the Real Property Records of Tarrant County, Texas.
Covenants, Conditions, Restrictions & Easements — Berry Creek Village Page 30 of 39 D223049579 Page 31 of 69 SECTION 10.5. ENFORCEMENT. Declarant, its affiliates and/or its immediate successors, the Association and the Owners (and any lessees, tenants or other occupants of an
0 of 39 D223049579 Page 31 of 69 SECTION 10.5. ENFORCEMENT. Declarant, its affiliates and/or its immediate successors, the Association and the Owners (and any lessees, tenants or other occupants of an Owner's Lot) shall have the right, but not the obligation, to enforce the covenants and restrictions set out in this Declaration. If Declarant or the Association is required to engage an attorney as a result of a breach by any Owner of such Owner's obligations hereunder, such Owner shall be responsible for the cost thereof and shall remit payment to Declarant or the Association promptly upon receipt of an invoice therefor and any unpaid amounts shall constitute a lien on that portion of the Property that is the subject of such breach. Enforcement may be made by any procgedings at law or in equity against any Person violating or attempting to violate any part of this Dechar&tion, as such may be amended, either to restrain or enjoin violations or to recover damagé Fes shall not be deemed adequate compensation for any breach or violation of any provi i e deemed an election of remedies or to preclude such Person's resort to other nghts, powersor edies available to it.
SECTION 10.6. NO WAIVER OR OB ON TO ENFORCE. No delay or fre“occurrence of a different breach. Declarant ot be under any obligation to take any action TY AND SEVERABILITY. Violation of or failure to comply with this Declaratpo st affect the validity of any mortgage, lien or other similar i existing on any Lot. Invalidation of any one or more of the aratiomor ay portions thereof, by a judgment or court order shall not affect Kens covenants herein contained, which shall remain in full force and porivon of this Declaration conflicts with mandatory provisions of any
ions thereof, by a judgment or court order shall not affect Kens covenants herein contained, which shall remain in full force and porivon of this Declaration conflicts with mandatory provisions of any the conveyance vesting such ownership in said Owner. Each Owner shall furnish to the Association the name of a contact person with such Owner and a street address for receiving notices from the Association. Each Owner shall notify the Association of the name and address of all lessees affecting the Owner's Lot. It shall be the responsibility of the Owner (and a non- Owner occupant of a Lot, if any) to keep such information current and to advise the Association of any changes.
Covenants, Conditions, Restrictions & Easements — Berry Creek Village Page 31 of 39 D223049579 Page 32 of 69 SECTION 10.9. NOTICES. Any notice required to be given to Declarant, the Association or any Owner under the provisions of this Declaration shall be deemed to have been properly delivered when actually delivered by hand-delivery or three (3) days after it is deposited in the United States Mail, postage prepaid, certified or registered mail, return receipt requested, addressed, (a) for notice to an Owner to the address of the Owner as shown on the records of the Association at the time of such mailing, and (b) for notice to Declarant or the Association at 8913 Mid Cities Blvd., Ste. 300, North Richland Hills, Texas 76182, or at such other address specified by Declarant by a document recorded for such purpose in the Real Property Records of Aarrant County, Texas. Notices to be given to an Owner of a Lot also shall be given to any lessee of that Lot of whom Declarant and the Association has been given notice as provided in such notices to be given in the manner specified in this Section 10.9.
of a Lot also shall be given to any lessee of that Lot of whom Declarant and the Association has been given notice as provided in such notices to be given in the manner specified in this Section 10.9.
of such mortgage holder and a request for such notification. A the time herein provided for performance by the Owner or ale by the Association. A mortgagee shall not be liable forAssessnite dé with respect to a portion of the Property during any period its only interest in the Kot 1s that of mortgagee.
SECTION 10.11. APPROVALS. No pursuant to the provisions hereof shall be AHecti provided herein.
Declarant, the Board or the DRB writing, except otherwise expressly he City of North Richland Hills granted the Declarant a variance to the Aistgy quiveynents for the sale of alcohol for on-premises ed’ and may be conveyed by Declarant to sit-down petion of the Declarant.
(Signature & Acknowledgement to Follow) Covenants, Conditions, Restrictions & Easements — Berry Creek Village Page 32 of 39 D223049579 Page 33 of 69 DECLARANT: Convergence Capital, LLC, A Texas limited liability company THE STATE OF TEXAS 8 § COUNTY OF TARRANT § This instrument was acknowledged before me on the Ave , 2023, by John Fegan in his capacity as Manager of Convergence ityl, LLC, a Texas limited liability company, on behalf of said entity.
\ KARI BRIDGES +4 Notary Public, State of Texas B Notary ID 3575893 " My Commission Exp, 1JA8Q-2 Covenants, Conditions, Restrictions & Easements — Berry Creek Village Page 33 of 39 D223049579 Page 34 of 69 EXHIBIT “A” Property Description WHEREAS, Convergence Capital, LLC, is the owner of all that certain 4.141 acres of land, out of the 8.443 acre tract recorded in
Page 33 of 39 D223049579 Page 34 of 69 EXHIBIT “A” Property Description WHEREAS, Convergence Capital, LLC, is the owner of all that certain 4.141 acres of land, out of the 8.443 acre tract recorded in Document Number D222132829 in the Deed Records of Tarrant County, Texas (D.R.T.C.T.), in the T. K. Martin Survey, A-1055, City of North Richland Hills, Tarrant County, Texas and more particularly described by metes and bounds as follows: (All. bearings shown hereon are based on the Texas Coordinate System of 1983, North Central Zone) COMMENCING at a 1/2” iron rod found for the southwest corner of the sid 8.443 acre tract, common to the southeast corner of Lot 4, Block C, Brynwyck, recorded in Document Number D208364504 in the Plat Records of Tarrant County, (P.R.T.C.T.), in the north right-of-way line of Mid—Cities Boulevard (120° R.O.W), and being a point on a curve to tKe having a central angle of 05° 37’ 28", a radius of 5789.56’, and a chord bearing and distance of North 85° 48°25” 568.10’; Then along said curve to the right, along the north right—of—way line of said Mid—Cities Boulevard, an afe ditt 568.32’ to a 1/2" iron rod with a cap stamped ‘SPRY 5647” set for the POINT OF BEGINNING and the southwe herein described tract; THENCE North 00° 01’ 03” West -- 40.79’ to a 1/2” iron rod with a cap stamped ‘SPRY 5647” herein described tract; THENCE North 89° 59’ 05” East - 22.54’ to a 1/2” iron rod with a cap stamped ‘SPRY 5647" herein described tract; THENCE North 00° 00’ 55” West — 95.77° to a 1/2” iron rod with a cap stamped ‘SPR herein described tract; THENCE North 89° 58’ 57” East — 27.00’ to a 1/2” iron rod with a cap stamped | herein described tract; THENCE North 00° 01’ 03” West — 164.42’ to a 1/2” iron rod with a cap3 amped “SPR
escribed tract; THENCE North 89° 58’ 57” East — 27.00’ to a 1/2” iron rod with a cap stamped | herein described tract; THENCE North 00° 01’ 03” West — 164.42’ to a 1/2” iron rod with a cap3 amped “SPR the herein described tract, in the north line of said 8.443 acre tract, cd Sq to the sou described in the deed to Ardelia Lawon Bonham, recorded in Volume 7016 & 748, D.R.T.C.T., and from which a 1/2” iron rod found for the southwest corner of said 5.254 acre tract bears South 89° West — 231.33; herein described tract, common to the southeast corner 647 P.R.T.C.T. and in the west line of Lot 1R—-1, Block F P.R.T.C.T.; THENCE South 00° 29’ 41” East ~ 304.95’ to a 1/2" j Sap stamped ‘WAI’, found for the southwest corner of said Lot 1R-1, Biock 1, Home Depot Addition, common a y right—of—way line of said Mid—Cities Bouleva THENCE South 89° 40’ 08" West — 530.5 g found for the beginning of a curve to t Gl angle of 01° 00° 25”, a radius of 5789.58’ and a chord bearing and distance of South 89° 07’ 22” THENCE along said curve to the le of 101.76’, to the POINT OF BEGINNR an Addition, recorded in Volume 388-9, Page THENCE North 89° 09’ 15” East — 580.23’ to a 1/2” iron ‘ with ion, recorded in Document Number D202210376 e north right~of-way line of said Mid—Cities Boulevard, an arc distance g 4.141 acres of land.
Covenants, Conditions, Restrictions & Easements — Berry Creek Village Page 34 of 39 D223049579 Page 35 of 69 EXHIBIT “B” Final Plat (Following) Covenants, Conditions, Restrictions & Easements — Berry Creek Village Page 35 of 39 D223049579 Page 36 of 69 Page 2 of 2 5.254 ACRES ARDELLA LAWON BONI AM VOL. 7016, PG. 746 DR 1.0 1.
ANN DRIVE [60 ROW LOT 7, BLOCK 1. SHARKMAN ADDITION CAR 328-9, SLIDE 647, PRIC.I 15050 144 80
f 2 5.254 ACRES ARDELLA LAWON BONI AM VOL. 7016, PG. 746 DR 1.0 1.
ANN DRIVE [60 ROW LOT 7, BLOCK 1. SHARKMAN ADDITION CAR 328-9, SLIDE 647, PRIC.I 15050 144 80 HOME DEPOT ADDITION DOC. NO. 0202210376 0029416 LOT 9 0.608 ACRE 26472 SQ.FT.
BLOCK A LOT 11 0.740 ACRE 32249 SQ.FT.
LOT 10 0.556 ACRE 24228 SQ.FT.
15604 14307 505 で LOT 5 LOT 6 LOT 7 LOT 8 0.707 ACRE 0.458 ACRE 0.412 ACRE 0.659 ACRE 30799 SQ.FT.
19945 SQ.FT.
17964 SQ.FT.
28724 SQ.FT.
CITIES BOULEVARD VOX 17425 PC 55 DRICT) 2 bit des grobing the neren zefore which any way endanger Cosas 2678 CERTIFICATE STATE OF TEXAS COUNT AND Anest. Cay Secretory of t PURPOSE OF PLAT Ste 100 Phone: 617-776-40% Fern Reg N 0112000 Project No. 054-234-13 Hemiter Dumy PC 924! Mic-Oiles Hivd A FINAL PLAT OF LOTS 5-11, BLOCK A BERRY CREEK VILLAGE PHASE 1 4.141 ACRE SURVA-1055 CTY OF NORTH RICHIND HELSTRANT COUNTY, TEXAS P817-208 040 Ados leiomoun 107 6 107 7 BLOCK 2, HAWKS RIDGE ADDITION DOC 0, 0214254940, P.R.EC..
D223009455 101 20 101 21 8958322149 N 00'01'03" w 95.77' BLOCK A BRYNWYOK DOG NO. D212136536 P.R.T.C.1.
10 22 REMAINDER OF 8.443 ACRE CONVERGENCE CAPHAL ILC DUC, NO. 11222132829 LOT 4. BLOCK BRYNWYCK DOC. NO.
02083645048 P.R.T.C AD-53728 CGN 854625" / CD 568 10 456832 P.O.C.
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AINAGE KASEMENT WE WATER CASEVENT SSE SANITARY STRER EAGEMENT SWE SCREENING WALL CASEMENT MADE MUTUAL ACCESS & ORANAGE EASEMENT TESCO TEXAS ELECTRIC SERVICE, COMPANT FLAWASSE FRE FASEMENT VICINITY MAP 5. by mates one mouldseerties of the dy Tation Grenance According to the Flood murarice Racе марно 4043000 Sentence 2009 she s by me 100s tag SURVEYOR CERTIFICATE Test 1. Davis Carlton lesis, a registered Protein tongue prepares this pet hom the City of Warth lex 000 Dos Conton LesLS Teves Pegistrullon No 5547 C 24 Ste102 MOTARY CERTIFICATE STATE OF TEXAS COUNTY OF TARRANT ATE OF Beregnet vistory Puttend to the pour bounty one State, on this DAVID CARLTON LEMS, en to me to be the person to the page atentang terde ome not ne executed the some for the purposes contineлисτας πετει TRENCE Norte. Beta 57 20:00 1/7 cop stomped SPAT 1447 the xwe described Hat the tourth bea the tecided in verome 2016 poze 148, ORICT, and mom when 1/2 του του boung to toutes con of ood Shope to seers Southba 15 West 231 13 IMONCE 500 1/2 cam cap stanard MORCZON hang for if northeast co redtrack common to the scofera confuck 1. Paraman Anation recorded voume SK8 PASCT thews আর এ ৫৫-?, Bruck 1, mome Decor Addition, reise Blumen sumber 0202210376 2018-ome Depot Adation commer to the sources at the herein deuchbe rigns-of-way live of dog-Ches Bulevarc SHEACH SHIN MỸ AC CHỈ west 530.25 dong the othy ice of 14001 monumen bund to the begrens of a curve in the left hoing a central age of en 00 25, а певне от 5785 58 and chord zezneg ane dieturce of Stult 69 17 22 west 10076 THỌ NC vùng nát curve to the left, cyminung Went the City Courol of teenth diction to Osen new 記 2. All ghost hated eased on the cot stompes FRY 5447 ens semanahich may sector Courte Seth Canon and/o chitting COUNTY OF TARKANI
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9000'00" 39.06 35.21 $4515226 ENGINEER 14.89C9 28.17 S 451522 89 31 22 28.40 544°44'38" W 90°28′38 11.70 C 25.00 36 27 34.64 $460743" W 874227" 14.46012 26.00 39 27 IN 450103" W 9000'00" CANES 62.83 122 EAST 14.79 613 20.00 31.42 28.28 5446857" W 9000'00" CURVE RADIUS ARC LENGTH 15.00 320.00 61.30CA20.00 18.75 08 25.00 LINE TABLE LINE TABLE LINE BEARING DISTANCE LINE BEARING DISTANCE C NORTH 132421992 40.79 112 EAST 12N 895914 22.53 13 SOUTH OSITE 13 N 89'58'57" E 2700 114 EAST 14 M 4237 30 WEST 15 N 451548" w 53.79 29.20 16 S 50°42'57" w 16 NORTH 18.15 117 N 45'00'00 17 EAST 15.00 118 NORTH LS SOUTH 11.87 119 11.87L19 EAST 13 15 45546 11054237 NORTH 15.73 120 5001 Jon 11, 2023 10:46
LS SOUTH 11.87 119 11.87L19 EAST 13 15 45546 11054237 NORTH 15.73 120 5001 Jon 11, 2023 10:46 Covenants, Conditions, Restrictions & Easements - Berry Creek Village Page 36 of 39 D223049579 Page 37 of 69 EXHIBIT C Site Plan (Following) & \, onlfos SS 2@ Covenants, Conditions, Restrictions & Easements — Berry Creek Village Page 37 of 39 D223049579 VET QUIC Sold Wet BERRY CREEK PHASE II PHASE I LOT 11 LOT 10 LOT 9 RETAR/REST RETAIL/REST 5 LOT 6 LOT 7 Sold PHASE MARTER SITE PALAN Unofficio Copy CONVERGENCE 0 LOT 1 11 LOT 3 LOT 2 PHASE II Covenants, Conditions, Restrictions & Easements - Berry Creek Village Page 38 of 39 Page 38 of 69 D223049579 Page 39 of 69 EXHIBIT D Development Guidelines (Following) Covenants, Conditions, Restrictions & Easements — Berry Creek Village Page 39 of 39 D223049579 Berry Creek Village Developmental Guidelines CONVERGENCE CAPITAL Unofficia PROPERTY OWNER'S ASSOCIATION Mid Cities Boulevard North Richard Hills, Texas (edit 10.19.22) ROUND THE CLOCK MARKET Page 40 of 69 D223049579 Page 41 of 69 Berry Creek Village Development Summary The purpose of the guidelines is to provide consistency and uniformity while allowing for creative design in an old town style reflecting modern appeal.
CONTENTS I.
Il.
Il.
IV.
V.
Vi.
VI.
Vill.
XI.
XII.
XIII.
|. Building A. Canopies: 1.
Environmental Regulatory Requirements Renovations Site Utilities Vegetation Illustrations Appendix © a. Substitution Request Form b. Masonry Color Options c. Bike Rack Cut Shegt> SG d. Dark Skies Inforyha SW Building Documents Review Closeout Procedures Construction Phase Material Substitutions ©)
© a. Substitution Request Form b. Masonry Color Options c. Bike Rack Cut Shegt> SG d. Dark Skies Inforyha SW Building Documents Review Closeout Procedures Construction Phase Material Substitutions ©) Canopy profileséllowed & at with internal supports and upper rod and turnbuckle supports, or sloped metal eC to page A100 for profiles.
ded Architecture: Required for the following lots: 5, 8, 9, 10, 13, 14, and 15.
D. Lighting: LED fixtures will be required. Provide lighting levels per building Code and City Ordinance.
Dark skies implementation will be required. Note: Refer to BC Village Site Photometrics light levels. Each Lot shall meet the minimum/maximum light levels, Light locations to ensure minimum levels.
Dark Skies: All lighting where applicable shall be LED. Refer to International Dark Sky organization for basic guidelines.
a. Use Soft Bright White / Warm-white or filtered LED’s (2500 — 3500 Kelvins) for exterior fixtures.
Berry Creek Village — Mid Cities Blvd., North Richland Hills, TX | Page 2 D223049579 Page 42 of 69 b. Where possible use products capable of accepting 7 pin controls: dimmers, timers, motions sensors and networking.
c. Design minimal lighting practice.
Fixtures to have shields.
e. Avoid up lighting, use shields where possible.
Contact for all lighting: Texas Lighting Solutions, Sheila Hunt [email protected], 817-267-9300.
1. Building: a. Wall accent: Similar to “Progress Lighting” 866-344-3875, LED Two-Light Outdo all Mounted. # P5642-31. https://www.progress.lightingnewyork.com/. Ot re allowed with POA review and approval.
hum Wall Pack at service areas: Similar to “Techlight” #LHMWP1CM2CIES.
af Sink LED wall pack, 2. Site: D8514-LED arking: Refer to II Site, “J” Vehicular and Pedestrian Circulation, item 3 for Bike
al.
hum Wall Pack at service areas: Similar to “Techlight” #LHMWP1CM2CIES.
af Sink LED wall pack, 2. Site: D8514-LED arking: Refer to II Site, “J” Vehicular and Pedestrian Circulation, item 3 for Bike ~ Provide lighting bollard similar to Crenshaw Pier Mount/Bollard Lantern # 3755-SEC, 40-745-3900, https://www.crenshawlighting.com/products/pier-mount-bollard-lanternE. Theme: Architectural Style should have a hint of the Old Town feel with modern influences, Refer to page A100, A200, A300, A400, A500 for samples.
Berry Creek Village — Mid Cities Blvd., North Richland Hills, TX | Page 3 D223049579 Page 43 of 69 F. Trellis: Wood trellis made from timber (i.e., cedar or red wood) are allowed at patios. Wood shall be treated to maintain the new look at all times, periodic replacement shall be required for woods that have turned in color or are showing signs of rot or wear.
G. Tripartite Architecture: All elements are subject to POA approval.
1. Horizontal articulation Tier A: Consist of a wainscot and water table. 36” to 48” high. Refer to page A100, 0, A300, A400, A500 for theme elevations examples.
Tier C: Consist of the top portion of the building and will include ai et, corhice, and coping. Refer to page A100, A200, A300, A400, A500 fg » elevations Crown/Pop-up Features: These are features that help balance the design or provide abstract pop-outs in the floor plan to,,rovide a for internal space. Refer to Vertical articulation for more information. R page A100, A200, A300, A400, A500 for theme elevations examples.
2. Vertical articulation © a. Entry Features: Shall be proportiana all building mass and the entry must be aterials that have been approved by POA.
b. e that rise above the building main/common parapet but
rtical articulation © a. Entry Features: Shall be proportiana all building mass and the entry must be aterials that have been approved by POA.
b. e that rise above the building main/common parapet but might not necessar, 6f entry. These shall project back a min of 5’-0” over the roof.
3. Mass and Scale: Mass a are to be proportional and in keeping with the design intent of the themes. Noo ellis¥ed features will be allowed. Refer to page A100, A200, A300, A400, A500 for the 5. Upper Banding: Can be multi-tiered of any shape, however the design needs to be proportional to mid-level band and should be at a height listed below.
Minimum Height: 6” Maximum Height: 18” Refer to page A100, A200, A300, A400, A500 for profile examples.
Berry Creek Village — Mid Cities Blvd., North Richland Hills, TX | Page 4 D223049579 Page 44 of 69 6. Mid-Level Banding: Can be multi-tiered of any shape, however the design needs to be proportional to upper band at parapet and should be at a height listed below.
Minimum Height: 6” Maximum Height: 12” Refer to page A100, A200, A300, A400, A500 for profile examples.
7. Building Heights: Construction site and Finished Buildings shall be secure at all times Max structure (Top of parapet or articulated feature): 24’-0” 8. Building Security and Fire Access: Provide Knox box as required by Fire Department.
H. Mansards: Mansards are not allowed. © I. Material and Color Palette: 1.
Brick Veneer: ACME King Size brick, Refer to g color selections. Contact: Denton Plant, 940-382-7414. dfwsales@bric Composite Siding / Simulated Wood: No natura d on building facade is allowed, all wood products shall be simulated. Sample ma fabricated in Texas or equal. © EFIS: Similar Dryvit, Sto etc. for qua Stucco: Similar Dryvit, Sto etc.
Stone: Cast stone ney or
ding facade is allowed, all wood products shall be simulated. Sample ma fabricated in Texas or equal. © EFIS: Similar Dryvit, Sto etc. for qua Stucco: Similar Dryvit, Sto etc.
Stone: Cast stone ney or Flush, no split face.
Cast Stone: SimiJa a y li mples.
ilar, Cojor*to be White (Similar to Austin stone), Surface to be J. Storefront Syste =a off Kawneer Trifab VersaGlaze 451/451T Framing System, 4.5” deep center set with a 2” site line “Hig . Sign package to be submitted to POA for review and approval. Per city Sign permit is required.
L. Roof: 1. Access: Indoor access preferred, exterior is allowed provided the ladders are painted to match building field color and meet all OSHA guidelines.
Roof Drainage System: Internal roof drains are preferred, however Primary Scupper with down spouts and Secondary overflow scuppers are allowed provided they are painted to match the Berry Creek Village — Mid Cities Blvd., North Richland Hills, TX | Page 5 D223049579 Page 45 of 69 building trim or field color. Down spouts are not allowed to deflect once they exist the building, all DS must run straight down to the ground. All drainage is to tie into underground storm.
Gutters are not allowed.
3. Roof System: TPO: Allowed at non restaurant occupancies.
PVA: Preferred on buildings with restaurant occupancy.
Preferred manufacturer: Versico by Carlisle 20 Year NDL Warranty Preferred Roofing Contractor: ©) C&C Ultimate Roofing and Waterproofing Kyle Lawrence [email protected] 214-592-3837 M. Vending: Outdoor Equipment is allowed with POA appravak, Vending equipment shall be screened with Il. Documents Review Owner/Tenant shall submit ¢ A. Design Review Phase B. Permit Phase cuments at the following phases for POA review and approval:
appravak, Vending equipment shall be screened with Il. Documents Review Owner/Tenant shall submit ¢ A. Design Review Phase B. Permit Phase cuments at the following phases for POA review and approval: C. O&M Manuals: G.C. shall provide the POA a copy of the O&M manual in electronic format.
IV. Construction Phase: Owner/Tenant General Contractor shall meet the following industry standard construction requirements during the construction phase.
A. Contractor Certification.
Berry Creek Village — Mid Cities Blvd., North Richland Hills, TX | Page 6 D223049579 Page 46 of 69 SWPPP shall be as required by code and ordinance.
Temporary Fencing: shall be required and be secure and in good standing condition at all times.
Staging: location shall be defined and approved by POA and shall be kept clean and free of debris.
Trailers: location shall be defined and approved by Temporary Power: shall be secured by general contractor.
Posting of plans and permits: Hard copy shall be on site at all times.
Site Control and Security: General Contractor shall be responsible for control and security of site at all times and shall notify POA of the emergency contact for the G.C.
Existing protection of surrounding facilities during construction: General Contractor shall take kare of all construction to ensure that the construction activities do not interfere with adjacent s occupants and occupants’ daily business operations. In the event, that a disruptig th shall timely notify the adjacent tenants and the POA of such disruptions.
V. Material Substitutions: All substitutions shall be approved by POA. Refer to attached Substitut# .
VI. Environmental A. HVAC: No ground mounted equipment is allowed unlé3< proper ed and approved by POA.
B. Alternative Energy Sources
titutions shall be approved by POA. Refer to attached Substitut# .
VI. Environmental A. HVAC: No ground mounted equipment is allowed unlé3< proper ed and approved by POA.
B. Alternative Energy Sources 1. Solar: No solar panels are allowed unless they z IOAmMmMIOD perly screened from view.
2. Wind: No windmills are allowed. o> 3. Charging Stations: Require Pre-appro Vil. Regulatory Requirements B. City of North Richland Hills 1. “SUP” Special Use P 2. Fire Department County: Tarrant International Building International Energy International M Ode (Latest version as adopted by City) 9 Code (Latest version as adopted by City) rARO-TAMmmMINA Vill. Renovations: Alterations to existing structures shall be approved by POA. Refer to Tenant- Finish outs.
IX. SITE A. Amenities Berry Creek Village — Mid Cities Blvd., North Richland Hills, TX | Page 7 D223049579 Page 47 of 69 1. Storage — Shall be screened to match or complement building Field and trim materials.
Walk-in-coolers and Freezers Shall be screened to match or complement building field and trim materials.
3. Fencing: Aluminum metal fence painted black. Example: https://ntfencedeck.com/home/metalfences/ Flatwork: Broom finished concrete, scored, Tile, Stamped, Pavers (Clay and concrete) Fountains: design by approval of POA Outdoor Furniture: outdoor suitable and durable Patios: Design by approval of POA oN Ow maintained for vibrant colors at all times.
9. Bollards: Locations and design to be approved by POA, safety bollards or metal wrapped steel, no painted concrete filled still round bollards a refer to | Building, “D” Amenities item 2c.
10. Landscape may be used as Screening, see also city ordina B. Building placement: The building shall be general by placed in
filled still round bollards a refer to | Building, “D” Amenities item 2c.
10. Landscape may be used as Screening, see also city ordina B. Building placement: The building shall be general by placed in and pedestrian traffic all around. Final placement tose approved By?
C. Drive Thru’s 1. Drive Thru Lanes: must be 12’-0” wid Bi-pass Lane: must be 12’-0” wide Vehicular Detection: Must be placegt Stripping: 4” wide white re cop Menu Boards: refer to Sign i ior to pour.
a @ NS uilding Sign Sections D. Loading and Staging: Sha and properly stripped.
E. Traffic Controls: | to POA for approval.
ible Parking: Provide as required by TAS/ADA use most restrictive code.
G. Setbacks: Follow all Survey set back note in POA master site plan. Refer to Civil Engineer for coordination.
H. Screening: Masonry screen walls are preferred. CMU with Stucco finish is allowed. Unit Brick veneer is allowed, verify unit size with POA. Landscape screen walls are allowed; however, plant species shall be approved POA. Plants must maintain screening ability during all seasons.
Berry Creek Village — Mid Cities Blvd., North Richland Hills, TX | Page 8 D223049579 Page 48 of 69 K.
Vehicular and Pedestrian Circulation 1. Vehicles: access paths shall meet Fire and industry standard withs and turning radius, POA shall approve site.
2. Pedestrian: access paths shall be min 5’ wide sidewalks, unless otherwise specified by city ordinance, all lots shall connect with handicap access at all locations.
3. Bicycle Racks: Uline Wave Bike Racks 5 loop, # H-2544, Color Black, 800-295-5510, & er, pin mounted 1” from wall surface at a J Font: Arial Bold.
z 4i sie I (e ‘ Wayfinding and Tenant Signage 1. Accessibility signs as required by TAS/ADA 2. Building Identification (Address): 1” flat steel pla
ted 1” from wall surface at a J Font: Arial Bold.
z 4i sie I (e ‘ Wayfinding and Tenant Signage 1. Accessibility signs as required by TAS/ADA 2. Building Identification (Address): 1” flat steel pla height of between 12’-0” to 14’-0” a.f.f. — paint Monument Signs: All signs placed on the BCY M Pole Signs — Not allowed Post and Panel Signs (example Drive Thrs Tenant Signage: signs shall be app signage.
Trash enclosure, Dumpsters Storm runoff fro @ at back side af Bujldings” Primary and Secondary overflow scuppers shall be painted to match roof Mechanical: Tenant will coordinate location, equipment cut sheets, weight, utility requirements of all roof top equipment with POA.
Electrical: Tenant will coordinate with POA for power requirements and site capacities.
Plumbing: 1. Water Line: Tenant shall coordinate power requirements and site capacities with POA.
Berry Creek Village — Mid Cities Blvd., North Richland Hills, TX | Page 9 D223049579 Page 49 of 69 2. Gas: Tenant shall coordinate power requirements and site capacities with POA.
3. Sewer: Tenant shall coordinate power requirements and site capacities with POA.
4. Grease Traps: MEP to size to each tenant. Each tenant shall provide their own GT, Location shall be coordinated and approved by Landlord and or POA. In-line retail building shall have a designated area where grease traps may be located refer to site exhibit A600 1. Above Ground — not allowed 2. Below Ground - Locations are to be verified with and approved by Landlord, Co te and or Hydro Mechanical Grese Interceptors are allowed.
XI. VEGETATION Landscaping Regulations ©) A. Providing standards and criteria to promote value of property, anhanc Ifare, and improve appearance of the city.
gare of landscaping and buffering elements and
VEGETATION Landscaping Regulations ©) A. Providing standards and criteria to promote value of property, anhanc Ifare, and improve appearance of the city.
gare of landscaping and buffering elements and B. Establish requirements for the installation and maint other means of site improvement on existing and Application C. Upon all new con “NN D. Asarequire t pproval of a special use permit or planned unit development.
g shall be installed prior to the issuance of a certificate of occupancy. A certificate of ill be issued only when it is determined that all landscaping is installed in accordance with approved landscape plan. If it is determined that planting is hindered by adverse weather conditions, an extension of time may be granted up to six months.
B. All Landscape plans shall be prepared by a licensed landscape architect, certified nurseryman or master gardener and shall be submitted when a building permit on any site where these landscape regulations are applicable. The landscape plans shall be reviewed to determine compliance with these landscape regulations by the P.O.A.
Berry Creek Village — Mid Cities Blvd., North Richland Hills, TX | Page 10 D223049579 Page 50 of 69 C. All Landscape Plans shall include as a minimum.
Definition A. The following words, terms, and phrases, when used in this sectie Landscape Area Percentage A.
1. The date, scale, north arrow, title, and name of owner.
2. The Name, address, and phone number of person/firm preparing the Plans 3. Aminimum scale of not less than one-inch equals 20 feet.
4. Existing and proposed building, existing and proposed utilities, paving areas, signage, walks and any other pertinent information.
Location and height of all trees being preserved
h equals 20 feet.
4. Existing and proposed building, existing and proposed utilities, paving areas, signage, walks and any other pertinent information.
Location and height of all trees being preserved 6. List of all plantings; including species name, size, height, and spacing of materiak,\which also includes but not limited to site furnishings, and other landscape features.
7. Definition of designated landscape area 8. Note all irrigation systems include a rain or freeze sensor control for a to them an Large island has a minimum dimension ix feet b ith a minimum of one tree.
3. Small spot has a minimum dimension of $ t by six feet square, or six feet circular. Small islands can only equate 60 percent of the ber of islands combined. A minimum of one tree is required.
4. Large shrub is a minimum of 5. Small shrub is a minimum of twé 6. Large tree means a minim 7. Ornamental tree ns inimgm offour feet high e total lot area shall be landscaped. No area shall be maintained t used for buildings, sidewalks, roadways, or other impermeable ered Wy = srass, turf, shrubbery, trees, ground cover, flowering plants, or appropriate mulc on ly those areas with live plant materials shall be included in the calculation nupltaficé with the percentage of lot coverage.
be a landscape setback area having a minimum width of 15 feet adjacent to all public street y. The landscape setback shall contain a minimum: 1. one large tree shall be planted per 50 feet of street frontage. Existing trees situated within the landscaped edge may be included in this calculation. Two ornamental trees may be substituted for a large tree. Said tree(s) shall be planted at even repetitious spacing of 50 feet on center and shall include any one or combination of the following tree species: Bur
al trees may be substituted for a large tree. Said tree(s) shall be planted at even repetitious spacing of 50 feet on center and shall include any one or combination of the following tree species: Bur Oak, Live Oak, Texas Red Oak, Cedar Elm, or any similar type of tree as approved by the city's development review committee. Live Oaks or other evergreen type trees shall be limited to a maximum of 50 percent of trees within the landscape setback Berry Creek Village — Mid Cities Blvd., North Richland Hills, TX | Page 11 D223049579 Page 51 of 69 2. Required shrubs. Ten small shrubs shall be planted per 50 linear feet of street frontage.
Shrubs planted for parking lot screening may be used to satisfy this requirement.
Parking Lot Screening A. Parking lots shall be screened from view of public rights-of-way and open space as follows: 1. shall be a maximum height of 30 inches above grade of the parking lot along the entire length unless screened by a building or adjacent fence.
2. Screen can be provided by landscape, walls, or hardscape elements 3. Screening shrubs shall be spaced a minimum of three feet on cente minimum of two feet off the back of curbs. Areas under the cap.be 4. Wall structures shall be masonry. There shall be 4 minimum of 12 inches on the side of a wall facing 5. Screening shall not extend into any visibt iangle.
Landscape of Parking Lots © A. Parking lots shall be landscaped jn-a fith the following regulations: 1. in a landscape island. The island shall have a curb or height around the perimeter.
2 planted for every 20 parking spaces. No parking space shall be islands shall be lagd3gaped with at least ground cover and one large tree. Trees required by this sq nen ye be located within an island in the interior of the parking lot.
s. No parking space shall be islands shall be lagd3gaped with at least ground cover and one large tree. Trees required by this sq nen ye be located within an island in the interior of the parking lot.
Re property line. The parking entrance island shall commence at the termination of the e(fired landscaped setback and extend into the property. The parking entrance island shall e 18 feet in length and six feet wide. The long dimension shall be perpendicular to the landscape setback. The landscape entrance island shall be planted with small shrubs placed at three-foot centers.
4. All shrubbery, flowering plants, and trees planted shall be set back 2% feet from any curb and/or curb stops placed where vehicles may face.
5. All parking lots must be at least five percent landscaped. This percentage counts toward the overall landscape requirement for the lot.
Landscaping of Drive Thru’s Berry Creek Village — Mid Cities Blvd., North Richland Hills, TX | Page 12 D223049579 Page 52 of 69 A. Drive thru’s shall be screen with a row of evergreen shrubs a maximum height of 30 inches above grade located closest to the adjacent access, additional shrub/ hardscape planting is encouraged. It is encouraged to have lower planting/ rock layers closer to the islands adjacent to the drive thru lane in order to maintain visibility of signage.
Required Hardscape be setback: A. One of the following hardscape elements shall be incorporated into the required landsqé With prior approval of the P.O.A.
2. Low wall. One or multiple 18- to 30-inch tall Leuders Limestone wall (3 g Otinea Of street : cen) éments 3. gf Leuders Limestone in an ents shall be evenly spaced 50 feet onBe trees.
Maintenance layft materials which die shall be replaced by the owner within a six-month period with
street : cen) éments 3. gf Leuders Limestone in an ents shall be evenly spaced 50 feet onBe trees.
Maintenance layft materials which die shall be replaced by the owner within a six-month period with lant material of similar variety and size.
Required Plant List A. To increase conformity throughout the community planting shall only come from the approved list.
COMMON NAME SCIENTIFIC NAME Berry Creek Village — Mid Cities Blvd., North Richland Hills, TX | Page 13 D223049579 Page 53 of 69 DECIDUOUS * Chinese Pistache * Panicled Goldenrain Tree * Texas Red Oak (native) * Bald Cypress Bur Oak (native) * Cedar Elm EVERGREEN * Southern Live Oak Southern Magnolia ORNAMENTAL TREES DECIDUOUS * Crape Myrtle * Deciduous Holly (native) * Japanese Maple EVERGREEN Little Gem Magnolia * Yaupon Holly LARGE SHRUBS EVERGREEN Pistachia chinensis Koelreuteria paniculata Quercus buckleyi Taxodium distichum var. distichum Quercus macrocarpa Ulmus crassifolia Quercus virginiana Magnolia grandiflora Lllex decidua Acer ('Little Gem') Unofficial Copy * Blue Point Juniper Mary Nell Holly * Ebbiges' Silberberry * Nellie R. Stevens Holly Yaupon Holly Thorny Elaeagnus Cleyera Wax Leaf Ligustrum Wax Myrtle Juniperus chinensis var. chinensis Llex cv. ('Mary Nell') Elaeagnus x ebbingel Llex cv. ('Nellie R. Stevens') Llex vomitoria Elaneagnus pungens Temstromia gymnanthera Ligustrum japonicum Myrica cerifera Photinia x 'fraseri' Barberry Myrtle * Semi-dwarf Crape Myrtle Dwarf Burning Bush Flowering Quince * Purple Leaf Japanese Barberry Forsythia Pampas Grass * Rose-of-Sharon Berberis thunbergii 'Crimson Pigmy' Lagerstroemia indica (dwarf cultivars) Lagerstroemia indica (semi-dwarf cultivars) Euonymus alata 'Compacta' Chaenomeles speciosa Berberis thunbergii 'Atropurpurea' Forsythia x intermedia
imson Pigmy' Lagerstroemia indica (dwarf cultivars) Lagerstroemia indica (semi-dwarf cultivars) Euonymus alata 'Compacta' Chaenomeles speciosa Berberis thunbergii 'Atropurpurea' Forsythia x intermedia Cortaderia selloana Hibiscus syriacus (cultivars) Berry Creek Village - Mid Cities Blvd., North Richland Hills, TX | Page 14 D223049579 Page 54 of 69 Vanhoutte Spiraea SEMI-EVERGREEN * Dwarf Glossy Abelia * Edward Goucher Abelia * Glossy Abelia EVERGREEN Dwarf Indian Hawthorn * Carissa Holly Dwarf Chinese Holly Dwarf Nandina * Dwarf Yaupon Holly * Dwarf Burford Holly * Japanese Aucuba * Texas Sage * Cleyera * Nandina Red Yucca GROUND COVERS EVERGREEN Creeping Juniper * Asiatic Jasmine * Liriope or Lilly Turf Ajuga or Carpet Bugle * English Ivy * Mondo Grass or Monkey Grass VINES Spiraea x vanhouttei Abelia x grandiflora (dwarf cultivars) Abelia cy. 'Edward Goucher' Abelia x grandiflora Raphiolepis indica (dwarf cultivars) Ilex cornuta 'Carissa' Ilex cornuta 'Rotunda' Nandina domestica (dwarf cultivars) Ilex vomitoria 'Nana' Ilex cornuta ('Burfordii Nana) Aucuba japonica (cultivars) Leucophyllum frutescens (cultivars) Temstroemia gymnanthera Nandina domestica Hesperaloe parviflora uniperus horizontalis (cultivars) Trachelospermum asiaticum Liriope muscari (cultivars) Ajuga reotans Hedera helix Ophiopogon japonicas Unoticial Copy * Trumpet or Coral Honeysuckle (native) Common Bermuda Grass Lonicera sempervirens Cynodon dactylon An asterisk (*) denotes those plant materials which are particularly outstanding for this area.
Berry Creek Village - Mid Cities Blvd., North Richland Hills, TX | Page 15 D223049579 Page 55 of 69 XII. Illustrations A 100 A 200 A 300 A 400 A 500 A 600 XIII. Appendix b. Masonry Color Options c. Bike Rack Cut Sheet
hland Hills, TX | Page 15 D223049579 Page 55 of 69 XII. Illustrations A 100 A 200 A 300 A 400 A 500 A 600 XIII. Appendix b. Masonry Color Options c. Bike Rack Cut Sheet d. Dark Skies Information Brochure (O) Berry Creek Village — Mid Cities Blvd., North Richland Hills, TX | Page 16 D223049579 Berry Creek Village POA - EXTERIOR ELEVATION THEME GUIDELINES Unofficial Copy ELEVATIONS THEME POA A100 Page 56 of 69 D223049579 4 Berry Creek Village POA - EXTERIOR ELEVATION THEME GUIDELINES Unofficial Copy ELEVATIONS THEME POA A200 Page 57 of 69 D223049579 Berry Creek Village POA - EXTERIOR ELEVATION THEME GUIDELINES Unofficial Copy ELEVATIONS THEME POA A300 Page 58 of 69 Berry Creek Village POA - EXTERIOR ELEVATION THEME GUIDELINES SNOILWAR13 AW3HL vOd OOrVV 69 0 6g abed 6LS670E77d SNOILVA313 69 JO 09 abed SWBHL vOd oosvV Berry Creek Village POA ~ EXTERIOR ELEVATION THEME GUIDELINES 6LS670E77d 1 PREFERED GREASE TRAP ZONES vearg Berry Creek Village POA - EXTERIOR ELEVATION THEME GUIDELINES A6.00 SITE PLAN GT ZONES AT RETAIL 6LS670E7cd 69 JO 19 abed D223049579 Page 62 of 69 XIII. Appendix a. Substitution Request Form b. Masonry Color Options c. Bike Rack Cut Sheet d. Dark Skies Information Brochure Berry Creek Village — Mid Cities Blvd., North Richland Hills, TX | Page 18 D223049579 Substitution Request Form Date: Project No.: Project Name: Project Address: Requested by: Company: Phone: © AN VO QQ Email: (~ ie . | TOOK NS Reviewed by: Response: V bstituted: Manufacturer: Attachments: Include product data, shop drawings, calculations, samples, color swatches etc. as necessary for evaluation. Missing information will delay review.
Page 63 of 69 D223049579 Page 64 of 69 Masonry Color Options ACME Denton — Quorum pro
gs, calculations, samples, color swatches etc. as necessary for evaluation. Missing information will delay review.
Page 63 of 69 D223049579 Page 64 of 69 Masonry Color Options ACME Denton — Quorum pro ese ACME OKC -Rivers Edge White Austin Stone D223049579 Page 65 of 69 ‘Search WAVE BIKE RACKS (?
a ]-LOOP e 10-gauge galvanized steel or attractive powder coating.
i Black Green ADD TO CART | Specify Color Replaerment H-2892, H-2543 or H-2544 $21 1 ‘ADD jounting Hardware _ : D223049579 Page 66 of 69 MALO) Ta PAA ease atlleL | THE PROMISE AND CHALLENGE OF LED LIGHTING A PRACTICAL GUIDE A PUBLICATION OF THE INTERNATIONAL DARK-SKY ASSOCIATION door spaces at night. With this opportunity comes an oblig4 sponsibly and sustainably. The stakes are high and the poten the most important aspects of LED lighting and the chots nicipal implementation.
What is LED?
eye S aes these liqats-dllow for lower illumination levels without compromising safety. LEDs help lower carbon emissions by reducing the demand for electricity, which is still largely generated by burning fossil fuels. Another LED benefit is better control over the color content of light. Manufacturers now produce LEDs with “warm” color qualities at high energy efficiency, rendering old arguments about the perceived inefficiency of warm white LEDs moot. These same LED options also provide accurate color rendition without emitting excessive amounts of potentially harmful blue light (see below).
D223049579 Page 67 of 69 Relative to other outdoor lamps, LEDs are thought to be extremely long-lived. When switched on, LEDs are instantly at full brightness, unlike HID lamps that have a significant time delay to
Relative to other outdoor lamps, LEDs are thought to be extremely long-lived. When switched on, LEDs are instantly at full brightness, unlike HID lamps that have a significant time delay to begin emitting lignt. LEDs also have very low minimum electricity thresholds to produce light, meaning they can be dimmed to much lower illumination levels when less light is needed and resulting in further energy savings.
Blue Light Is Bad New technical capabilities often come with unanticipated challenges. Most white LED ligh has significant levels of potentially harmful blue light. IDA published a report in 2010 4 strong blue content is likely to worsen skyglow because it has a significantly larger geographic feach than lighting constreet lighting and outdoor lighting retrofits using 4000 in white LED lamps could result in a factor of 2.5 increase in light pollution. Given that the.xate Of increase of lighting as seen from é i want to address this problem.
1500K A 8000K z@ s Kelvin S Temperature Chart The p f cheaper outdoor lighting based on electricity and maintenance savings from LED conversion should be weighed against other factors, such as the blue light content of white LEDs. Blue-rich white LEDs are among the most efficient light sources in terms of the conversion of electricity to light, and therefore have the lowest electricity cost to produce a given amount of light compared to “warmer,” less efficient white LED lamps. At the same time, we should make every effort to diminish or eliminate blue light emission and exposure after dark.
LED Practical Guide Rev 10/16/20 Page 2 of 4 D223049579 Page 68 of 69 Product Selection Considerations Choosing LED products for outdoor lighting applications involves a series of considerations and tradeoffs. These include:
10/16/20 Page 2 of 4 D223049579 Page 68 of 69 Product Selection Considerations Choosing LED products for outdoor lighting applications involves a series of considerations and tradeoffs. These include: « Luminous Efficiency (Watts-to-lumens): How much light is produced per input Watt of electricity? More importantly, how many lumens from the light source are meeting the task (“Fixture Lumens” vs. “Lamp Lumens”) » Lumen Output: How much light is produced relative to the amount required for a particular task? When replacing existing fixtures, it is important to use the only level of 4 nation needed, and not to adopt unneeded increases in brightness.
they will not immediately be implemented.
Heat Mitigation: Is the lamp housing design LED efficiency decreases with rising operating LED lamps is critical in warm climates.
Lumen Depreciation: How robust¢ 7. ap turers typically quote “L70,” the expée qe light output.
w much will LED replacement solutions cost?
ontinues to drop, and capital cost recovery S, once 10 years or more, are now typically less than e Always choose fully shielded fixtures that emit no light upward.
light emission.
e Look for products that are capable of accepting 7-pin controls that can enable to use of dimmers, timers, motion sensors, and networking.
e Consider dimming or turning off lights during overnight hours.
LED Practical Guide Rev 10/16/20 Page 3 of 4 D223049579 Page 69 of 69 e Avoid the temptation to over-light because of the higher luminous efficiency of LEDs.
Only light the exact space and in the amount required for particular tasks.
e Select fixtures that have aftermarket shields available if light trespass is an issue in some lighting situations.
f LEDs.
Only light the exact space and in the amount required for particular tasks.
e Select fixtures that have aftermarket shields available if light trespass is an issue in some lighting situations.
e Give the community a chance to have a say in what they will be living with for a generation, with test installations for soliciting public input and feedback.
Learn more about outdoor lighting, blue light at night, and dark skies on the IDA website at www.darksky.org.
1 “Visibility, Environmental, and Astronomical Issues Associated with Blue-Rich White Outdoor lA http ://bit. ly/2gKiEfN) 2 Lin, Y., Liu, Y., Sun, Y., Zhu, X., Lai, J., & Heynderickx, |. (2014). Model predicting discogato road lights. Optics Express, 22(15), 18056. https://doi.org/10.1364/oe.22.018056 3 Sweater-Hickcox, K., Narendran, N., Bullough, J., & Freyssinier, J. (2013). Effe https ://doi.org/10.1177/1477153512474450 4 Bennie, J., Davies, T. W., Cruse, D., & Gaston, K. J. (eo) ee plants. Journal of Ecology, 104(3), 611-620. htt tps //doi tera: Chrysomelidae). Scientific Reports, 7(1). https://doi.org/10M 8 Falchi, F., Cinzano, P., Duriscoe, D., Kyba, C. C. M., Elvidge, C.
Furgoni, R. (2016). The new world atlas of artificial night sky bye https ://doi.org/10.1126/sciadv. 1600377 ’ Kyba, C. C. M., Kuester, T., Sanchez de Miguel, Gaston, K. J., & Guanter, L. ieee ae lit su LED Practical Guide Rev 10/16/20 Page 4 of 4