% + “t FR SES to w REIN ee 12111 TSS aldo ene reer ete jams SST SIS Sarccmmmartn ed TEM * passa Eds 0: mile Data, Inc. SM TDI23937 HA 2296317.001 RN THIRD AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR “THE GREENS OF NORTHGATE FOREST THE STATE OF TEXAS = : CIPSSLT COUNTY OF HARRIS § aS/12/06 sir WHEREAS, Northgate Forest Investors, as Declarant, caused that certain Declaration of Covenants, Conditions and Restrictions for The Greens of Northgate Forest (the “Declaration”) to be recorded in the Official Public Records of Real Property of Harris County, Texas on January 23, 1990 under Clerk’s File No. M486389, which Declaration imposes various covenants, conditions and restrictions governing the use and architectural design of improvements on the following real property (the “Subdivision”): $3630 All of The Greens of Northgate Forest, a subdivision in Harris Loe?
County, Texas according to the partial replat thereof recorded in Volume 345, Page 16, of the Map Records of Harris County, Texas and, WHEREAS, the Declaration was previously amended by instrument entitled “First Amendment to Declaration of Covenants, Conditions and Restrictions for The Greens of Northgate Forest” recorded in the Official Public Records of Real Property of Harris County, Texas under Clerk’s File No, 8664455; and WHEREAS, the Declaration was further amended by instrument entitled “Second Amendment to Declaration of Covenants, Conditions and Restrictions for The Greens of Northgate Forest” recorded in the Official Public Records of Real Property of Harris County, Texas under Clerk’s File No, T251337; and WHEREAS, Article IX, Section 9.1, of the Declaration reserves unto the Declarant the
ecorded in the Official Public Records of Real Property of Harris County, Texas under Clerk’s File No, T251337; and WHEREAS, Article IX, Section 9.1, of the Declaration reserves unto the Declarant the authority to anrend the Declaration at any time, without the joinder or consent of any other party or entity, until such time that all Lots in the Subdivision have been sold by Declarant or Declarant’s successor to individual Owners; and.
WHEREAS, all Lots in the Subdivision have not been sold by Declarant to individual Owners and Declarant desires to farther amend the Declaration in the manner set forth below; NOW, THEREFORE, Northgate Forest Development Company, successor of Northgate Forest Investors, Declarant, by virtue of the authority reserved to it by the provisions of the Declaration, does hereby amend the Declaration as follows: 1, Paragraph 29 is hereby added to Article I of the Declaration to read as follows: CGreensof Page t 2927 10001 oneness sucstnsnsnnsnnsnsasesenemmnsinsnieennstenetenseses tin ee eT 2.
65 # he ei | i) te 4 = ry) oD Greensof Title Data, Ino. 8M TDI23937 HA 2296317.002 29, IMPROVEMENT: A Residential Dwelling, building, structare, fixture, or fence constructed or to be constructed on a Lot; a transportable stractare placed or to be placed on a Lot, whether or not affixed to the land; and an addition to or modification of an existing Residential Dwelling, building, structure, fixture or fence on 2 Lot.
Section 2.8 is hereby added to the Declaration to read as follows: Section 2.8. CONSTRUCTION REQUIREMENTS.
A. COMMENCEMENT OF CONSTRUCTION AND COMPLETION OF WORK. If the construction of a Residential Dwelling or other Improvement has not commenced within one (1) year of the date of approval by the Architectural Control Committee of the final
COMPLETION OF WORK. If the construction of a Residential Dwelling or other Improvement has not commenced within one (1) year of the date of approval by the Architectural Control Committee of the final architectural design plans for such Residential Dwelling or other Improvement, then approval of the architectural design plans shail he automatically revoked and no construction may be commenced unless and wntil architectural design plans for such Residential Dwelling or other Improvement have been resubmitted to, and approved by, the Architectural Control Committee. For puxposes of this section, the construction of a Residential Dwelling shall be deemed to have commenced when clearing of the area on which the foundation of the Residential Dwelling is to be located begins or any equipment or construction tratler is moved onto the Lot, whichever is first to occur; likewise, 1 an Improvement other than a Residential Dwelling requires a foundation, the construction of the Improvement shall be deemed to have commenced when. clearing of the avea on which the foundation of the Improvement is to be lecated begins or any equipment or construction trailer is moved onto the Lot, whichever is first to oceur. If an Improvement other than a Residential Dwelling does not require 2 foundation, the construction of the Kaprovement shall be deemed to have commenced when any work on the Lot in fartberance of the construction of the Improvement begins or any equipment or construction. trailer is moved onto the Lot, whichever is first to occur. ; The construction of a Residential Dwelling on a Lot shall be substantially completed within twelve (12) months of the date that construction is commenced, unless a longer period is approved in
ccur. ; The construction of a Residential Dwelling on a Lot shall be substantially completed within twelve (12) months of the date that construction is commenced, unless a longer period is approved in writing by the Architectural Control Committee at the time the plans for the Residential Dwelling are approved. If a longer period fo complete construction is approved, the Architectural Control Committee shall specify the number of additional mouths te achieve substantial completion in its written approval of the plans.
The construction of an Jmprovement on a Lot (other than a Residential Dwelling) shall be substantially completed within sixty Fage 2 2927 30001 Title Data, Greensof ing. §&M TD (60) days of the date that construction is commenced, unless a longer period within which to achieve substantial completion is approved in writing by the Architectural Control Committee at the time the plans for the Improvement are approved. Hf a longer period to complete construction is approved, the Architectural Control Committee shall specify the number of additional days te achieve substantial completion in its written approval of the plans.
For purposes hereof, “substantial completion” of a Residential Dwelling or Improvement is the date on which the Residential Dwelling or Improvement is capable of being used for its intended purpose and all construction materials and equipment have been removed from the Lot.
B, EXTENSION FEES, As provided in Paragraph A of this Section, the construction of a Residential Dwelling on a Lot is required to be substantially completed within twelve (12) months of the date that construction is commenced, woless a longer period is approved in writing by the Architectural Control Committee, and the construction
substantially completed within twelve (12) months of the date that construction is commenced, woless a longer period is approved in writing by the Architectural Control Committee, and the construction of any other knprovement on a Lot is required to be completed within sixty (60) days of the date that construction is commenced, antess a longer period is approved in writing by the Architectural Control Committee. As used herein, the date on which the period to substantially complete construction of a Residential Dwelling or other improvement on a Lot expires is the “Completion Date.” Tn the event that the construction of the Residential Dwelling or other Improvement is not substantially completed by the Completion Date, the Owner of the Lot shall pay to the Association a daily extension fee (“Extension Fee”) until the construction of the Residential Dwelling or other Improvement is substantially completed. Each Extension Fee is due on the last day of the month ia which it accrues and shall be delinquent if not received by the Association on or before the fifth (3") day of the month next following the month in which it acerues.
An Extension Fee shall be added to the Owner’s assessment accownt and, if not timely paid, shall acexae interest and. shall be collected in the manner provided in Article V of this Declaration. Wriften notice of the comuzencement of the Extension Fee shall be provided to the Ovner of the Lot by certified mail, return receipt requested, at the last known mailing address of the Owner of the Lot according to the records of the Association.. The written notice shall include a statement of fhe Association’s determination of the date that construction of the Residential Dwellmg or other Lmprovement
ording to the records of the Association.. The written notice shall include a statement of fhe Association’s determination of the date that construction of the Residential Dwellmg or other Lmprovement commenced, the initial amount of the Extension Fee, a schedule of the increases in the Extension Fee, and a statement that the Owner shall have a right to request 2 hearing before the Board of Directors of the Association to dispute the Asseciation’s determination of the date that construction of the Residential Dwelling or ofher Improvement commenced. A request for a hearing must be made by the Owner of Page3 2927 10001 the Lot in writing within thirty (30) days of the date of recsipt of the . Association’s notice. The hearing will be held within thirty G0) days af of the date of receipt of the Owner’s written request, unless otherwise agreed upon by the Owner and the Board of Directors of the Association. No Extension Fees shall be imposed against an Owner or the Owuer’s Lot prior to the expiration of the thirty (30) day pericd in which the. Owner is entitled to request a hearing or, if a hearing is requested, prior to the conclusion of the hearing.
The Extension Fee applicable during the thirty (0) day period m immediately following the Completion Date is $33.33 per day.
The Extension Fee applicable during the period commencing on the thirty-first (31°) day after the Completion Date avd continuing through the sixtieth (60) day after the Completion Date is $50.00 per day.
The Extension Fee applicable during the period commencing on the sixty-first (61") day after the Completion Date and continuing through the nineticth (90") day after the Counpletion Date is $75.00 per day.
The Extension Fee applicable daxving the pericd conmmencing on the
irst (61") day after the Completion Date and continuing through the nineticth (90") day after the Counpletion Date is $75.00 per day.
The Extension Fee applicable daxving the pericd conmmencing on the ninety-first (91") day after the Completion Date and continuing through the one hundred tventieth (120°) day after the Completion Date is $112.50 per day.
The Extension Fee applicable during the period commencing on the one hondred twenty first (121) day after the Completion Date aud continuing through the one hundred fiftieth (150°) day after the Completion Date is $168.75 per day.
SP Re PSE ESE.
The Extension Fee applicable during the period commencing on the one hundred fifty first (£51") day after the Completion Date and continuing through the one-lumdred eightieth cis0%) day after the Completion Date is $253.12 per day.
he Extension Fee applicable duxing the period commencing on the one hundred eighty first ({81") day after the Completion Date and continuing nutil the date of substantial completion is $300.00 per day.
7 3. Article VI, Section 6.2, of the Declaration is hereby amended by adding the t following provision at the end of such section: eB Notwithstanding any other provision io this Declaration to the i contrary, no amendment to this Article VI of the Declaration, . obligating the Association to pay an annual fee or assessment te Northgate Forest Association, Inc., shall be effective unless the Greensof Page 4 2927 10001 at en id Title Data, Inc. 8M TDI23937 HA 2296317, 004 tT ee amendment document is approved by (2) Owners representing not less than ninety percent (90%) of the Lots in the Subdivision and (b) Northgate Forest Association, Inc,, as evidenced by its jeinder in and execution of the amendment document.
wners representing not less than ninety percent (90%) of the Lots in the Subdivision and (b) Northgate Forest Association, Inc,, as evidenced by its jeinder in and execution of the amendment document.
Alt capitalized terms used herein have the same meanings as that ascribed to in the Declaration. : In the event of the invalidity or partial invalidity or partial unenforceability of any provision in this Third Amendment to the Declaration, the remainder of the provisions in this Third Amendment to the Declaration shall remain in full force and effect.
Except as amended ‘herein, all provisions in the Declaration, as previously amended, remain in full force and effect.
Executed on the date set forth below, to be effective upon recording in the Official Public Records of Real Property of Harris County, Texas. ( 5) Declarant: ) NORTHGATE FOREST DEVELOPMENT COMPANY M0 Successor of Northgate Forest Investors 2927 JOOOL Greensof Page $ Omen, *. AU gapaagte terete ne title Bata, Inc. 8M TDI22937 HA 2296317 .005 THE STATE OF TEXAS OD SD OD COUNTY OF HARRIS I, the undersigned authority, a Notary Public in and for the State of Texas, do hereby certify that on the .3, £9 day of p 2006, personally appeared Jack A, Thoner, owner of Northgate Forest Development Company, who being by me first duly sworn, declared that he is the person who signed the foregoing instrument, and acknowledged to me that he executed the same for the purposes and in the capacity stated.
IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year when He JAK R. FREEMAN Gj 24 Notaty Public, State of Texas | ue ef iy Comanibaon expres ‘ a Dagan Q oh se eR TAT TE NOTARY PUBLIC - STATE OF TEXAS Pe ad i i 3 cA ‘, Return to: 2 ES Rick 8. Butler LES a Butler & Hailey, P.C. 23 i mF
, State of Texas | ue ef iy Comanibaon expres ‘ a Dagan Q oh se eR TAT TE NOTARY PUBLIC - STATE OF TEXAS Pe ad i i 3 cA ‘, Return to: 2 ES Rick 8. Butler LES a Butler & Hailey, P.C. 23 i mF 1616 Sonth Voss Road, Suite 500 Fe me m Houston, Texas 77057 ms YS Boo “aR i AD PROV TERE HEIN SENTIATS HE ILE RL, OR OSE OF Ne DESORBED HEAL rv > . y Fah f a 7 oy tals nshuend nes FLED in Fe Number Secsencs on ho Of atte Revatds el snare eon nee : MAY 12 2006 tyh LB 8 BARRIS COUNTY, TEXAS “3 ~ Greensof Page 6 2927 10001 “Vitle Data, Inc, SM TDI23937 HA 2296317.006