Doc-1310003 BK-OR VI-14284 Pg-237 Electronically Filed Document Unofficial Copy Unofficial Copy Unofficial Brazos County, TX Karen McQueen Copy Unofficial Copy County Clerk Document Number: Recorded As ERX-RECORDINGS Official Copy 77-11-67-3 Recorded On: Recorded Anofficial Copy Number of Pages: Book-VI/Pg: Recording Fee: September 28, 2017 02:09:35 pm 29 BK-OR VI-14284 Pg-237 $138.00 Unofficial Copy Unofficial Copy Unofficial Cop Unofficial Copy Unofficial Copy Unof OUNTY OF ESTATE OF TEXA Any Copy Unofficial Copy Unofficial copy Copy DirectIndirectReceipt Number: Processed By: 613537 McQueen Unofficial Copy Copy Unofficial Copy PAGE IS PART OF THE INSTRUMENT which restricts the Sale, Rental or use of the describent REAL PROPERTY because of color or race is invalid and unenforceable undestederal law.
I hereby certify that this instrument was filed on the date and time stamped hereon by me and was duly recorded in the volume and page of the Official Public records of POAXUS COUNTY, TEXAS Honorable Karen McQueen, County Clerk, Brazos County syoun Unofficial Copy Unofficial Copy Unofficial Copy Unoff Copy Unofficial Copy Unoff Doc-1310003 Bk-OR VI-14284 Pg-238 ou ge i ~) CYTALS: S REC RY SS SS WV WV oO oO P & & & 3 EASEMENTS AND RESTRIGSIONS 3S re) % co ys Declaration of Covenants, Easements and ResgNctions (as amended, “Declaration”) is made , > this 2 hay of September, 2017 (the “Effective Date” >CADDIS EMERGER, LLC, a Texas limitedg o Hab company (the “Declarant”, as hereinafter mogg)particularly defined). Ce) ) Ss R A. Declarant is the owner of Sollowing tracts: (1) Lot 3R — IRI, THE W GSLANDS OF COLLEGE STATION SUBDIVISI an addition to the City of College Station, Tex@, according
articularly defined). Ce) ) Ss R A. Declarant is the owner of Sollowing tracts: (1) Lot 3R — IRI, THE W GSLANDS OF COLLEGE STATION SUBDIVISI an addition to the City of College Station, Tex@, according to the replat thereof recorded in Volum§@4246, Pages 221-222, of the Official Records other County, Texas, being a portion of the PropertyQas defined below) depicted and described on ay “A” attached hereto and incorporated herein by NS reference ( “Tract 1”); and (2) Lot 3R-1R2, WOODLANDS OF COLLEGE STATION SUBDIVISION, an addition to the City of College Station, Texas, according to the replat thereof recorded in Volume 14246, Pages 221-222, of the Official Records of Brazos County, Texas, being a portion of the Property depicted and described on Exhibit “A” ( “Tract 2” and Tract 1 and Tract 2 are collectively refsred to as the “Property”) attached hereto and elegant herein by this reference. Tract 1 and Trae, or any portion thereof, are a part of the Properg?
Property, and to coayftinate enforcement of certain rights, obligation d duties attributable to Owners ° (as such term ighhereinafter defined) of Parcels (as such ternyis hereinafter defined) within the vs Development (@s such term is hereinafter defined), Declarant desires to declare and establish certain covenants fog benefit of each owner of a Parcel within the Qeperty, all as set forth hereinafter. } © WV VY
\ NOW, THEREFORE, the following cagrients, covenants, conditions, restrictions, and quails servitudes are created and established: e) ° ©) CG > oO ~O& ARTICLE 1 OO x ce) ce) DEFINITIONS Ss Ss The following words, phrases or terms used in this Declaration shall have the following meanings: Ld “Common Drive” shal! mean the common driveway which ig shown as the Internal Critical Drive depicted in Ei “B” attached hereto_and incorporated hereay by this reference to be located within the variab] dth (30° to 40’ in width) Private Access Easegent depicted in that certain Final Plat of the Prope corded in Volume 14246, Page 222 of the Ofte Records of Brazos County, Texas and which is t constructed pursuant to Section 6.1(a) below. & ¢ 2) 2) Ted 4pPclarant” shall mean CADDIS EMERGER, LAYS a Texas limited liability company, vs and its designge(s) and/or assigns (as set forth in a document that shall be recorded in Brazos County, \ Texas). Degftant shall have the right at any time during the gm of this Declaration to designate (as set re) forth in a Sécument that shall be recorded in Brazos Coun TF exas) that no party shall act as Declarant, VY ge ge ge whinw 2} l s RS S ey Koy Doc-1310003 Bk-OR VI-14284 Pg-239 RY RY RX x WV NS oO a and that the concept SF Declarant in this Declaration for the remainingQtrm of this Declaration shali be é void, However, erson or entity merely purchasing one or mora@rcels from CADDIS EMERGER, vs LLC in the ordina?¥y course of business shall be considered a “Declarant”.
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m of this Declaration shali be é void, However, erson or entity merely purchasing one or mora@rcels from CADDIS EMERGER, vs LLC in the ordina?¥y course of business shall be considered a “Declarant”.
\ 13 “Development” shall mean the mixed-use CAopment located on the Property, which & includes eS buildings, Improvements (as defined herein), aM facilities, now or subsequently located on OD the Pyggeiry. ro ro s 1.4 “Enforcing Party” shall mean an VWreing Owner as provided in Section 9.1. ws ay 15 “First Class” shall mean a q Sy, condition, nature or operation that is consi Qh with WV and comparable to the quality, condition, yf e or operation found in other mixed use devel ents in ) this Declaration. S Ss 1.6 “Force Majeure” shall mean fire, earthquake, explosions, flood, hurricane, the elements, acts of God or the public enemy, requisitions, laws, orders of government or civil or military authorities, war, invasion, insurrection, r lion, riots, strikes or lockouts, government reggXetion or restrictions on commodities or supplies, ay which shall unreasonably delay the performag@ f an obligation.
1.7 “Im SPments” shall mean all exterior structures a SC oudbnances thereto of every kind, whether abov below the land surface, including, but not 1 d to, buildings, utility systems, walkways, curbay® opes, parkways, driveways, parking areas. Wading areas, landscaping, pools, vs
every kind, whether abov below the land surface, including, but not 1 d to, buildings, utility systems, walkways, curbay® opes, parkways, driveways, parking areas. Wading areas, landscaping, pools, vs irrigation, fences, walls, decks, stairs, poles, signs, exterior fixtures and paint, and any other structure of any kind. Itgy ‘hot intended hereby that interior improvemen{QDe regulated other than matters such as ce) signage a GBther interior improvements which are intended (be viewed or displayed to the exterior. Ro OD <O O % og "Lienholder"™ shall mean a mortgngeqgeer a mortgage or a beneficiary or trustee undegg co a abot trust holding a sien made in good faith and fo alue on any portion of the Development. & S Ss 1.9 “Occupant” shall mean individyally any Person from time to time entitled to the use and RX occupancy of any Parcel or portion of any Rete! pursuant to ownership right, or any lease ease, > license, concession, or other similar agree ie “Occupants” shall mean each Occupant collgvely.
aN SN N < 1.10 “Owner” shail mean, th respect to any Parcel, the person or entity neihe fee simple & interest of record, and their reareehey Foergera and assigns who become owners Py portion of the not include any Lienholder or any Occupant or Person other than an Owner, Each Owner shall be liable for the performance of all covenants, obligations and undertakings herein set forth with respect to the portion of the Development owned by it which accrue during the period of such ownership. Each Owner shall enjoy the benefits impo $4 on such Owner's property by this Declaration gfcluding but not limited
tion of the Development owned by it which accrue during the period of such ownership. Each Owner shall enjoy the benefits impo $4 on such Owner's property by this Declaration gfcluding but not limited to, the right to enforce theeSms and conditions of the Declaration (except < provided below) and shall be subject to the burdeygimposed by this Declaration. Notwithstandi eMthe above or any definition contained herein to tatontrary, except as set forth in Section 9.1 dye or as otherwise expressly set F forth in this Declggfion, in no event shall any ground lessee hae the right to enforce the terms, Ce) conditions or anygther part of this Declaration. »S 3 3 se RS & & & & & QePi7340 2} Ss 2 ws \ Doc-1310003 Bk-OR VI-14284 Pg-240 x e WV WV oP oO lll “Pa > shall mean individually any platted lot or p contained within the Property g from time to time identified as a separate platted lot on a Plat initially shall include Tract 1 and RS Tract 2. “Parcels™shall mean collectively, all Parcels located withirthe Property, from time to time.
g g es contractaps customers, vendors, suppliers, visitors, inviteggNicensees, subtenants, and concessionaires of , > such eupant (including, without limitation, the e dyees, customers, guests, visitors, agents andg o ieee of such Permittees) insofar as such Person's Bis relate to Occupant's intended use of the lopment. Among others, Persons engaging ints following activities in the Development will ngype considered to be Permittees: (i) exhibiting any,placard, sign, or notice; (ii) distributing any cixcular, gt gt andbill, placard, or booklet; (iii) soliciting berships or contributions; and (iv) failing low
ered to be Permittees: (i) exhibiting any,placard, sign, or notice; (ii) distributing any cixcular, gt gt andbill, placard, or booklet; (iii) soliciting berships or contributions; and (iv) failing low ~ regulations relating to the use of the Develaghoent. “Permitees” shal! mean each Permitee call ively, & partnership, limited liability compay? firm, association, corporation, trust or any ORO form of entity Ss which is not a natura! person, incl g a governmental entity S 1.14 “Plat” shall mean the latest recorded subdivision plat, as amended from time to time, of the Property or any portion thereof.
RY RY 1.15 “Pro-Rataggoare” shall mean the definition of such term ag Seribed, in Sections 3.5, 5.2, 5.3 and 6.2 herein. XN ~ a od 1.16 “Py Sign” shall mean the monument sign to be Iftied in the location disclosed on g Exhibit “D” atta; hereto_and incorporated herein by this refereneffand as provided for in Section 5.2, s Z & g Or "Utility Lines" shal] mean those facilitiggsand systems for the transmission of utility . > servige® including any electric power, water, nase telecommunications, cable, television angg inteset connections, telephonic transmission, landsg@Pe irrigation, fire water, fire alarm connectiong age and storm water disposal, ventilation and sitilar lines, and drainage and storage of surface wafyr.
ay 3 ge WV ARTICLE 2 VY x ESTABQISHMENT OF RESTRICTIONS x 2) The Property is now heldSnd shall hereafter be held, transferred, sold, deed, conveyed and occupied subject to the easements, covenants, conditions and restrictions (the “Easements_and
STRICTIONS x 2) The Property is now heldSnd shall hereafter be held, transferred, sold, deed, conveyed and occupied subject to the easements, covenants, conditions and restrictions (the “Easements_and Restrictions”) set forth in this Declaration. Each Owner, Occupant, Permittee, or other user of a Parcel shall comply with the terms, conditions and restrictions set forth in this Declaration that apply to that Parcel. Each Owner retains tag ight to replat or further subdivide such Owner’ gRercel into smaller tracts as may be permitted undere? pplicable laws, regulations and ordinances of (R applicable governmental authorities, including, hudwot limited to the ordinances of the City of Cotege Station, Texas. All new platted lots of an rae Parcel once formally replatted and oor gor! shall than be a separate ‘ “Parcel” as providegyrerein and shall be subject to the covenants, congsons and restrictions applicable to (s) all Parcels as proyfed herein. s s 3s S S WV WV © Doc-1310003 Bk-OR VI-14284 Pg-241 Qs gs on eo oO oO cS ARTICLE 3 x g ) 2) 2) Ss Ss Ss USE OF THE PROPERTY > y eS x x my ra A. Any use which involves the ie oahu: or keeping of any animals or poultry Ie Ss Ss Ss RY B. Dangerous or unsafe uses such as the handling or stage of explosives. No oil, } gasoline or flammable liquid shall beQored in bulk of more than fifty-five (55) galla gross AS capacity except in underground stoyGe tanks. WV AC) AC we C. Any use creating KHudlic nuisance, or which emits an obnoxious ee, noise, dust, & fumes, noise, vibration or sea&fid which can be heard or smelled outside of @WParcel; provided,
) AC we C. Any use creating KHudlic nuisance, or which emits an obnoxious ee, noise, dust, & fumes, noise, vibration or sea&fid which can be heard or smelled outside of @WParcel; provided, ) however, in no event shallNRe typical odors emitted from the cooking of footer noises or sounds from a drive-thru speaker be deemed to violate this provision, regardless of whether the same can be heard or smelled outside of the Premises.
D. Uses cogphlered objectionable, such as junk or salvage Pa unscreened outside storage of materiale? supplies, or uses that create unsightly conditiogg ‘, ~& E. % in violation of the laws of the United Stategee? of the State of Texas or any F political sugftvision thereof, including applicable ORGIIENS s of applicable governmental ° authoritieg® S Ss 3} Church or place of worship. 3S oS re) co on or other minerals.
oo © Oy S H. Any adult entertainment faciN® or sexually oriented business, adult bookstor8o or y ce) lounge, nightclub or bar. 9° fe) © WV WV “O I. Neither any O oe nor such Owner’s Occupants will permit a Oicks serving & the such Owner’s Parcel, wheter owned by Owner or not, to be loaded or und&&ded, or parked s while serving such Owne arcel, anywhere in the Development except in such Owner’s Parcel, a2 Temporary Structures. No structure of a temporary character, trailer, camper, or similar vehicle or equipment, except for a construction trailer during the coursa of construction on the Parcel, shall be permitted to gRhain upon any Parcel. SX
mporary character, trailer, camper, or similar vehicle or equipment, except for a construction trailer during the coursa of construction on the Parcel, shall be permitted to gRhain upon any Parcel. SX 3:3 Parki All vehicular traffic and parking areas shall b Daved with adequate concrete developed shall be gMproved with sufficient parking contained entireg@vithin that Parcel to accommodate & the parking need of that Parcel and to satisfy the requiremsdts of the College Station Unified S Development,yrdinance (as amended and replaced from time time) without variance, Each Parcel \ when dev Ra shall be improved with sufficient delivery EMries contained entirely within that Parcel co ro ro ra 2) -) -) ie et et Doc-1310003 Bk-OR VI-14284 Pg-242 Se where applicable, to each Parcel and the Deveygpinent: ~ se ge ~ se ge & RY RN RX x © VY oO oO to accommodate ei needs of that Parcel. This Declaration dogmot grant any rights to an Owner g or its Permittees eS) cupants to park on another Owner’s Parcel at se time, vs sRules and Regulations for the Development. @eclarant shal! have the right, from time 3S to time, to Bish, modify and enforce reasonable rules and¢Qulations with respect to the Development on er shall use best efforts to comply, and to cau | Occupants and Permitees of its Parcel, to coxtply
plate any governmental statutes or ordinances (sg¢Yinitial Joint Rules and Regulations below). Eacgy er shall use best efforts to comply, and to cau | Occupants and Permitees of its Parcel, to coxtply with such Joint Rules and Regulations. The following initial Joint Rules and Regulations shall epply, (ou A. Each Owner shaliRep all electrical and mechanical apparatus seg) them free of vibration, noise and airwaves which tay be transmitted beyond an Owner’s Parcel; pr Mried, however, in no event shall the typical noisegQr sounds from a drive-thru speaker be deem to violate this provision, regardless of whether thtame can be heard outside of the Premises.
B, Canvassing, soliciting and peddling in or about the Parcel or Development is prohibited. Owners shall cooperate and use commercially reasonable efforts to prevent the same.
\ Cc. O R shall not utilize any equipment or apparatus, ‘Puch manner as to create any magnetic fields or waves which adversely affect or interfere with theseperation of any systems or equipment in the Devggpment. WO x g ~) ; ; ) eta es To the extent permitted by applicable law ners shall not permit picketing or vs other union activity involving its employees or agents on such Owner’s Parcel or Development, except in those locatiogQand subject to time and other constraints as wages Declarant may give its prior written 3S consent, wi consent may be withheld in Declarant’s sole. retion. oy SS : we F. Declarant may from time to tgesdopt systems and procedures for the security?
teDdnts, contractors, guests and invitees to comply, nh Declarant’s reasonable requirements thereto.)
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teDdnts, contractors, guests and invitees to comply, nh Declarant’s reasonable requirements thereto.)
Gi. Declarant shall have pent to prohibit the use of the name of the DevefSment or any other publicity that in Declarant’s o ion may tend to impair the reputation of the Deveidpment or its desirability for Declarant or its othe wners. Upon written notice from Declarangy@wners will refrain from and/or discontinue such pacity immediately. é Any Joint Rules and Regutions shall not (a) violate or be inconsistent witINhis Declaration nor impair the rights hereby granted or increase any Owner’s obligations hereunder, (b) require the expenditure of material sums of money in furtherance of compliance therewith, (c) be discriminatory nor less than uniformly applied to.all Owners and their Permittees, (d) violate any governmental! statutes, rules, regulations or ordina or any judicial decisions or decrees applic to or governing the Development or any Owe? nor (e) materially and adversely affect the CPerations of any business operated on a Parcel bxgeny Owner, Occupant or Permittee. Declar. Shall provide a copy of any amendments to ag ules and Regulations adopted or revised by eran to each Owner. Each of ¢ the Owners shall tain a copy of the current Joint Rules and Re ions, and each Owner also shall Ce) make available, pon written request to such Owner by an Perndise, a copy of the Joint Rules and vs Regulations. Bech Owner shall comply and shall cause all Permittees of its Parcel to comply with such RY > x x e e e e) 2) 2) aQhi7340 2} Ss 5 ws se 3 s\ S ey Koy
es of its Parcel to comply with such RY > x x e e e e) 2) 2) aQhi7340 2} Ss 5 ws se 3 s\ S ey Koy Doc-1310003 Bk-OR VI-14284 Pg-243 se & N Lo ge VP cclaration at all times. Pursuant to the terms Ae Existing Declaration relating to the maine and Declaration. \ RY RY RX RX OG OG mS > rights specifically Gs by this Declaration; and shall be administere§¥n a uniform, non-discriminatory g fashion; and may & nforced in the same manner as this Declaration Ss 3.5 Obligations under Existing Declaration. e Property is subject to the terms, \ restriction Renants, conditions and requirements of that cgQin Declaration of Covenants, Restrictions on ame by that certain First Amendment to Declan of Covenants, Restrictions and Easement: Wo recogyfed in Volume 9663, Page 69 of the Official Regerds of Brazos County, Texas (as amended fro tigi to time, the “Existing Declaration”). Each ager and its Permittees shall comply with the Exighhe epair of the access easements (individually ollectively, the “Access Easements”) as de ed in the Existing Declaration, each of the Owng{#Of the Parcels shall be responsible for each syfvOwner’s Pro-Rata Share (as hereinafter ctined the cost incurred for the maintenance, op on, repair, replacement, and reconstruction of sug ccess Easements (the “Access Easements Ces *), which are passed through to the Property yGiant to the terms of the Existing Declaratigfor the Access Easements. For purposes of this ion, each Owner’s “Pro-Rata” Share of the Acéeas Easements Costs
, which are passed through to the Property yGiant to the terms of the Existing Declaratigfor the Access Easements. For purposes of this ion, each Owner’s “Pro-Rata” Share of the Acéeas Easements Costs shall be a percentage of the total Access Easements Costs, the numerator of which is the number of acres contained within such Owner’s Parce! and the denominator of which is the total number of acres contained within all of the Parcels (currently being 6.2 acres). Initially, only Tract 1 will be “developed” (as defined below) in the DevgfSpment, therefore all costs of any repairs and tenance for the Access Easements will be paid soldp y the Owner of Tract | until such time as ead the remaining Tracts in the Development are “dg@ploped.” The term “developed” as used in this paeraph shall be defined as the point in time when t Owner or its Occupant commences constructio a building and improvements F on an individual Pagel by the pouring of the foundation and footingsgtr a building on such Parcel. The Ce) remainder of thagfircels in the Development shall not be respox¥ple for its “Pro-Rata Share” of the vs Access Easemguts Costs until each remaining Parcel is iter we from time to time. From the date an RY individual Pak@ei is “developed” in the future until the Deve ent is fully “developed” (meaning no Q Parcels reyhdin which are not “developed”’), the Access Basho Costs shall be divided among the then “devel ” Parcels in the Development on a proportio asis based on the total amount of land then .@ thepairing party within thirty (30) days after writtg® notice of such amounts from such repairing pad
thepairing party within thirty (30) days after writtg® notice of such amounts from such repairing pad such Owner’s share of the Access EasementSXosts in accordance with the terms of the Ex ng rh) x 3.6 Obligations under Existipg-Pasement Agreement for Access. The Propeyy”is subject to the terms, conditions and requirem of that certain Easement Agreement for Accagy recorded in Volume 11396, Page 246 of the ona Records of Brazos County, Texas (as ame from time to time, the “Existing Access Easemeft ). Each Owner and its Permittees shall comp with the Existing Access Easement at all times. PurSuant to the terms of the Existing Access Easem€nt, except as to the Common Drive which is otherwise provided herein, each Owner shall be solely responsible for maintaining the access ways and driveways located on such Owner’s Parcel must be maintained at a level of appearance and utility consiggent with First Class industry standards. A.
water managemen? system for each Parcel must comply at all timeWith all applicable government laws, S ordinances ape ec ulauolts. Each Parcel and its site plan mys be designed to this drainage report’s \ § $ $ 3.7 eee Qa uirements. Each Owner shall, at such Ours sole cost and expense, 3S 3 s\ S ey Koy
y amendments to same approved | all Owners and applicable governmental & § $ $ 3.7 eee Qa uirements. Each Owner shall, at such Ours sole cost and expense, 3S 3 s\ S ey Koy Doc-1310003 Bk-OR VI-14284 Pg-244 RX x WV WV oe ° 3.8 Secuty. Each Owner shall be responsible for théMaintenance and testing of any é security or safety. SRiems installed in or for the benefit of its Pareeé Notwithstanding any references Ss herein to a security system, fire safety system, access control systet¥, sprinkler system or other system of a similar natug@Nneither Declarant nor any Owner shall in any be considered insurers or guarantors of oS security wien the Development, nor shall any of them be hePliable for any loss or damage by reason of co failure togprovide adequate security or of ineffectiveness Qpsecurity measures undertaken. Each Owner , > ackn dges, understands and covenants to inform itsg emittees that Declarant and the Owners are nosy insugprs and that each Person using the Development@Ssumes all risks for loss or damage to persons, 19 ersonal property, and other spaces, and to congfis resulting from acts of third parties. .
3S SRTICLE 4 3 Ro C eo O MAINTRNANCE AND OPERATION mS & 4.1 General Maintenang. The Owner of each Parcel shall maintain all s Improvements ~) on its Parcel in a First Class corxDfion and repair. Such maintenance and repaiNicludes, but is not limited to: 2) The replacement of rotted components and components worn beyond reasonable wear Z Z (b) The paingug of all exterior surfaces as needed. ~ oO oe (c) Theaaintenance, repair and replacement of signs, goofs, rain gutters, down spouts, é Qytrior walls, windows, doors, and other exterior pfttions of any Improvement. s
or surfaces as needed. ~ oO oe (c) Theaaintenance, repair and replacement of signs, goofs, rain gutters, down spouts, é Qytrior walls, windows, doors, and other exterior pfttions of any Improvement. s (d) \the cleaning and relamping of lighting tures located on any building or a VY Improvement, including, but not limited WY maintaining the Light Improvements as RS & described in 6.2 (b). ; oe . °~O oO (e) The maintenance, cleaning, repair replacement of all grease traps and exhaust fi > located in any building or vant cS x (f) Maintaining, repairing an Placing any retaining wall and any othere @Rictures AS necessary for the development of a Parcel. N\ Lo CO oe & (g) Diligently maintainingfepairing and replacing that portion of the laggSEaping located & on a Parcel in a neg ondery and First Class condition at all times. is shall include, ~ but not be limitedMo, regular mowing of grass, edging, pruning, fertilizing, watering, weeding and other such activities common to the maintenance of landscaping. At all times, each Owner must keep landscaped areas free of trash, litter, weeds, and other unsightly material. RY ~ R 42 Rubbish E&h Owner shail cause all rubbish, trash and se ke to be regularly removed Owners shall beSNowed to maintain unsecured trash receptaclesXommon to retail facilities on their S Parcels for pulc use; provided such trash receptacles are emptigdon a regular basis. 3 1°) 9° co § § $ (gaf7340 2) si: S ie et et Doc-1310003 Bk-OR VI-14284 Pg-245
n their S Parcels for pulc use; provided such trash receptacles are emptigdon a regular basis. 3 1°) 9° co § § $ (gaf7340 2) si: S ie et et Doc-1310003 Bk-OR VI-14284 Pg-245 x e WV WV oO oe & ARTICLE 5 & g s vs vs EASEMENTS establis ot for the use and benefit of each Parcel: (a).ar pedestrian and vehicular traffic over the OD Com, Drive in order to provide access between t arcels and between each Parcel and Wellborrg¥ (Yor pedestrian and vehicular traffic over sidewaJj$ and other paved areas that may exist from tim Yo time on the Development. No improvement, bayrier or obstruction shall at any time be erected gn the RX Common Drive (other than paving and curbigR which does not impede or interfere with the YR OF the WV Common Drive aisles for access) and no pgm shall at any time block or interfere with acces¥over and oe across the Common Drive or cause the Cgsfmon Drive to be in part or in whole closed, bloga, relocated we or altered in any way; provided, howsr, the foregoing shall not be construed to prolg@yt a temporary & closure by an Owner of the Com aDrive that is (i) reasonably necessary in orde gPprevent a public ~) dedication, (ii) required by law, i) reasonably necessary in connection with Me performance of construction, repair, maintenance, resurfacing, repaving, or replacement of the Common Drive, or (iv) due to an emergency, provided that in each such case alternative access reasonably acceptable to all Owners and, during the term ofthe Tract | Lease, the Tract 1 Tenant, is available,at all times during such
an emergency, provided that in each such case alternative access reasonably acceptable to all Owners and, during the term ofthe Tract | Lease, the Tract 1 Tenant, is available,at all times during such temporary closure. Owners gall use good faith, diligent efforts to reopen ss promptly after any emergency or temporary cAsure, and any work causing a temporary closure@f the Common Drive shall be diligently pursued ta@dmpletion and scheduled, coordinated and conggeted in a reasonable manner that minimizes inconygtlence to the affected Parcel! or Parcels. & ¢ 2) 2) 52 Ryn Sign Easement and Signage Matters. Thy will be one (1) free-standing Pylon vs Sign to be loggted on Tract 1 (as depicted in Exhibit “D” atgached hereto and made a part hereof). \ Declarant, agewner of the Sign Parcel (as hereinafter defined )gRereby grants and conveys to Owners, for re) the benef the Owners, successors and assigns as owney of a Parcel, established solely for use and VY benefitg? each Parcel a perpetual, appurtenant, nonexgi@ive easement over, across and on the Sign, oe ongtte Sign Parcel pursuant to the terms herein, a | as an access easement for ingress and egre x) ami from the Sign Parcel by each Owner, its erloyees, agents and contractors across then she gMriveways and streets located on Tract 1 to cggWruct, operate, maintain, inspect, repair and repkXe the ou Pylon Sign. Such ingress and egress by Over and Owner’s employees, agents and contractei® hall be > exercised in a reasonable manner and in appevent in a manner that reasonably minimizes anySnterference ra with the conduct of any business oper from the Parcel on which the Sign Parcel is 1 d. The Sign
xercised in a reasonable manner and in appevent in a manner that reasonably minimizes anySnterference ra with the conduct of any business oper from the Parcel on which the Sign Parcel is 1 d. The Sign (s) Parcel] may be used for landscaping ther purposes that do not then or later interfergwith the granted s easement uses. The term “Sign Patel” as used herein shall mean the ten (10) foojN¥ide Private Utility Easement located on Lot 3R-1R1 and shown in that the certain Final Plat of the Property recorded in Volume 14246, Page 222 of the Official Records of Brazos County, Texas, and the ten (10) foot radius from the outer base of the Pylon Sign (to the extent that said property within the radius area is also a part of Tract 1), less and except agyortion of such ten (10) foot radius that is located within any paved drive on Tract 1, oy e (1) Allpstion of Pylon Sign Space. Unless the Ownerg@tree otherwise, the allowable and one half per (37.5%) of the allowable signage space on th Bion Sign shali be used for Tract 1 © and (ii) sixty-twOind one half percent (62.5%) of the allowable siace space on the Pylon Sign shall be ) used for Tragg&; provided, however, Tract 1 shall have the to sition on both sides of the Pylon Sign 3S during thee of the Tract 1 Lease. In addition, each r retains its rights and options to a low on profile sm on such Owner’s Parcel. D> OD eo © 0 OC & & & Ss Ss Ss Doc-1310003 Bk-OR VI-14284 Pg-246 oO oO (2) Simitted Use. Subject to the terms herein, all O&hers shall use the Pylon Sign for sign panels advexgSng the businesses and uses on the Parcels an@Minless otherwise approved by the
84 Pg-246 oO oO (2) Simitted Use. Subject to the terms herein, all O&hers shall use the Pylon Sign for sign panels advexgSng the businesses and uses on the Parcels an@Minless otherwise approved by the Declarant pursuamt to Article 8, each sign panel on the Pylon Si%n shall maintain the continuity and consistency e existing Pylon Sign in terms of lettering, ring, styling, and appearance, and in compliance With all laws, rules, orders, ordinances and re@Mations (including, but not limited to, all (3) Maintenance of Pylon Sign. The Owner of the Sign Parcel shall be resp@nsible ge maintaining, repairing and replacing theQylon Sign, other than the sign panels, at agvel of ~ se ge se ~ se ge appearance and utility consistent with a Fi lass condition. Unless agreed to otherwise b GE Owners in writing, each of the Owners of the Pa ® shall each be responsible for such Owner’s pPrRata Share (as hereinafter defined) of the mosierctted for the maintenance, operation, repay replacement, reconstruction and compliance with ® laws, regulations and ordinances, affecting t. ePylon Sign, other than sign panels, as well as all util) charges and similar services supplied to the Pytsh Sign, and the cost to keep the Pylon Sign insured at all times for its replaceable value (collectively, the “Pylon Sign Costs”). For purposes of this Section, each Parcel Owner’s “Pro-Rata Share” of the Pylon Sign Costs shall be a percentage of the total Pylon Sign Costs, the numerator of which is the number of acres contained within such Own Parcel and the denominator of which is tk§Motal number of acres
Sign Costs shall be a percentage of the total Pylon Sign Costs, the numerator of which is the number of acres contained within such Own Parcel and the denominator of which is tk§Motal number of acres Parcel within thirty (30) Qs after written notice of such amounts from thgOwner of the Sign Parcel for such Owner’s share e Pylon Sign Costs together with interest t n at the lesser of ten percent (10%) per annum oxghe highest non-usurious rate of interest under agplicable law from the date of such payment until paysir not paid within the thirty (30) day period. n Owner’s share of the Pylon Sign Costs are not paid within sixty (60) days after they are due, the Qwner of the Sign Parcel may remove the sign panel sor the such Owner or such Owner’s Occupants fa>wing ten (10) days’ prior written notice to such er and, with respect to Tract 1 during the term s e Tract | Lease, to the Tract 1 Tenant.
g vs & © zoning aay regulatory requirements of all applicable gos mental entities), All sign panel(s) will be OD insta Pby a reputable sign company who will coring installation of the sign panel with Owner of N @O “ O ee (4) Pylon Sign Alterations. Neithg4n Owner nor the Declarant shall be allowed te me, reconfigure, reconstruct or replace the Pylog@ign and/or seek governmental approval to me onfigure, reconstruct or replace the Pylon Sign‘ any way without obtaining the prior written comment \ (ou x (5) Pylon Sign Pane}, All sign panels on the Pylon Sign shall Moly with applicable municipal codes and regulagins. The cost of the initial sign panel (an x necessary replacement sign panels) and the instg®&tion thereof shall be at the sole cost and expengg&Qf the Owner or
applicable municipal codes and regulagins. The cost of the initial sign panel (an x necessary replacement sign panels) and the instg®&tion thereof shall be at the sole cost and expengg&Qf the Owner or such Owner’s Occupant (pursuangto a separate agreement between Owner and i @wner’s Occupant) installing such sign panel.
5.3 Utilities Easement.
(a) Desig hereby grants and conveys to each Owner fi ss use and for the use of its Permittees, establishe the use and benefit of each Parcel, in common €th others entitled to use the same, non-exclusive edt easements in, to, over, under, along aioe those portions of the Parcels as necessar the installation (including tie in, if necessagys operation, flow, passage, use, maintenance, ins Bion, connection, repair, relocation, and re al of Utility Lines serving the Development, ingdeding but not limited to, sanitary sewers, storm Wins, water, gas, electrical, telephone and communigafion lines, limited to the extent possible to the aragas of existing utility easements over and across the Orels as designated by any plat recorded by Dec ant and as otherwise limited as set forth in this seca 5.3. All Utility Lines shall be undergiay d except: (i) ground mounted electrical Oo wo 3S 3 s\ S ey Koy N & & ee RY oe > g vs Doc-1310003 Bk-OR VI-14284 Pg-247 se se ~ se ge i RY RN RX eX WV WV transformers; (11) as BAy be necessary during periods of construction, onstruction, repair, or temporary service; (ili) as mabe required by governmental agencies having jw@sdiction; (iv) as may be required by the provider of sUch service; and (v) fire hydrants. The use of the Utility Lines by any Owner or Occupant sh ot overburden such Utility Lines or unreasongpty interfere with the use thereof by the
by the provider of sUch service; and (v) fire hydrants. The use of the Utility Lines by any Owner or Occupant sh ot overburden such Utility Lines or unreasongpty interfere with the use thereof by the Declarant Givners and/or Occupants. Ros e no (b) Prior to exercising the rights ted in this Section 5.3, the grantee shall fir cette the grantor with a written statement descri the need for such easement, shall identify we eae has obtained the required insurance caverage reasonably required by grantor, including gut not imited to, Comprehensive General/Commergl General Liability in a form and amounts (gRonably acceptable to grantor and Workers' Come ation coverage to the extent required by stalaw. Any Owner installing Utility Lines pursuant tame provisions of this subparagraph shall promp ay alli costs and expenses with respect thereto angShal! cause all work in connection therewith (@luding general clean-up and proper surface and/ wPibsurface restoration to the condition which ted prior to the commencement of such work ands immediate repair of any damage to the ParceNSn which the Utility Lines are installed) to be completed in a commercially reasonable manner, as quickly as possible, lienfree, and in a manner that minimizes interference with the use of the Development or the operations then being conducted on any Parcel. With respect to the ten (10) foot wide Private Utility Easement located Tract | and shown in that thesertain Final Plat of the Property recorded in V. e 14246, Page 222 of the Official Records of Brees County, Texas, and without limiting the geneity of any of the foregoing
ract | and shown in that thesertain Final Plat of the Property recorded in V. e 14246, Page 222 of the Official Records of Brees County, Texas, and without limiting the geneity of any of the foregoing contained in this Sectiong3, during the term of the Tract 1 Lease any paghexercising rights to use such Private Utility Easey%eit shall (i) provide written notice to and cognate with the Tract | Tenant (hereinafter Lengo to performing any work or activities wj@fn such Private Utility Easement which would blagyy close or otherwise interfere with the use of anQrive located on or providing access to Tract 1, andy ii) reasonably cooperate with the Tract 1 Tenanjyin minimizing any interference with the Tract 1 a S business in exercising its rights to use snipe Utility Easement.
O (c) The initial location of any Ut Line shall be subject to the prior written gs oO appriel of the Owner whose Parcel is burdened @% such Utility Line (such approval not to b& wgesonably withheld, conditioned or delayed). easement area shall be no wider than necessa sonably satisfy the requirements of a private ofwublic utility, and shall in no event exceed twenteet shall, at grantee’s expense, provide to the ear or a copy of an as-built survey showing thed@eation of such Utility Line and shall execute and ause to be recorded any reasonable instrument yNimiting the thirty (30) days’ prior written notice the Owner of the Parcel] benefited by such UtilgY Line, provided that such relocation: (1) shall not inftiere with or diminish the utility service to the tee; (if) shall not
days’ prior written notice the Owner of the Parcel] benefited by such UtilgY Line, provided that such relocation: (1) shall not inftiere with or diminish the utility service to the tee; (if) shall not interrupt the utility service or reduce or unreasonably impair the usefulness or function of such Utility Line; (iii) shall be performed without cost or expense to grantee; (iv) shall be completed using materials and design standards which equal or exceed those originally used; and (v) shall have been approved by the provider of such service ggd the appropriate governmental or quasi-goveramental agencies having jurisdiction thereof. Docurg@tation of the relocated easement area, includingthe furnishing of an “asbuilt” survey and the exgSvting and recording of reasonable instrument ecting the location of the easement, shall be at grantor's expense and shall be accomplishegk@is soon as possible after the completion of constig@tion. S re) Each Owner shall pay when due directly the appropriate utility or entity all utility and o related charges (such as water and sewer chghees) which may be levied, assessed or charged ag@ t its Parcel and the Improvements thereon. (ou se se x & e, ‘ é > we e x cS & ) 2) QPi7340 2} Ss 10 ws S ey Koy Doc-1310003 Bk-OR VI-14284 Pg-248 i ne xe x OG OG oO oO (e) & Stormwater Drainage. & ‘Sy ‘Sy ) The stormwater drainage for the DevelonnesPovas designed as a whole; therefore, each @Wner retains the right to maintain, repair, remoygbbsuctions and debris and improve the st@Pwater drainage facilities located in that certgijY fifteen (15) foot wide Private Drainage .Jesement shown in that certain Final Plat of the Pyfperty recorded in Volume 14246, Page 222 of .
RS §
e st@Pwater drainage facilities located in that certgijY fifteen (15) foot wide Private Drainage .Jesement shown in that certain Final Plat of the Pyfperty recorded in Volume 14246, Page 222 of .
RS § gone Official Records of Brazos County, Texas the Eastern boundary of the Development ange running under Internal Drive B (as depicted}in Exhibit “C” attached hereto) for purposes proper water flow and drainage (collectighty, the “Stormwater Drainage Facility’). AStor ongoing maintenance of the Stormwatgy Drainage Facility, each of the Owners of the Parcels shall each be responsible for such Oger’s Pro-Rata Share (as hereinafter defined) offRe costs incurred for the maintenance, operon, repair, replacement, reconstruction and comp¥ance with all laws, regulations and ordinans®, affecting the Stormwater Drainage Facility (qsRectively, the “Stormwater Drainage Fac Costs”). For purposes of this Section, eack&Parcel Owner’s “Pro-Rata Share” of the § water Drainage Facility Costs shall be a pe. tage of the total Stormwater Drainage FadMty Costs, the numerator of which is the numb of acres contained within such Owner’s Parcel and the denominator of which is the total number of acres contained within all of the Parcels (being 6.2 acres), Each Owner shall reimburse the Repairing Party (as defined in Section 5.3 (e)(ii) below) within thirty (30) days after written, notice of such amounts from the Repairing for such Owner’s share of the StormwategWrainage Facility Costs together with integR thereon at the lesser of ten percent (10%) a Qnnum or the highest nonusurious rate of, Brerest under applicable law from the date of sucigbayment until paid if not paid NS within the thig(30) day period, Y ie x ) Ss Declarant (the “Repairing Party”) styl be responsible for performing
f, Brerest under applicable law from the date of sucigbayment until paid if not paid NS within the thig(30) day period, Y ie x ) Ss Declarant (the “Repairing Party”) styl be responsible for performing commercially reasonable maintenance and repair to tha Stormwater Drainage Facility upon the ex Rion of sixty (60) days after written notice to non-repairing Owners of the Parcels of necessary maintenance or repair and seek bursement from the other Owners of the . Marcel of such Owner’s Pro-Rata Share of a ae The Repairing Party shall obtain three (3) ¢s bids for the maintenance or repair of the enance and repairs and will contract with the lowest bidder to complete such constructiqn lf the non-repairing Parcel Owners do not res eft within the sixty (60) day notice period, sith Parcel Owner(s) shall be deemed to have apphved such maintenance or repair. So | as such maintenance and/or repair is comp aycially Drainage Facility unless such Ovyper provides a lower bid for such maintenance opsepair. Any repairs shall be made with the of material originally used or a substitute ma that is equal in quality, appearance and dyapoility. All such construction or work shall be meee in a good and workmanlike manne accordance with good industry practice for HR type of work in question and in compliance with all applicable deed restrictions, building codes, ordinances and other laws or regulations of applicable governmental authorities. The non repairing party or parties shall pay its Pro-Rata Share of the Stormwater Drainage Facility Costs within thirty (30) days of receipt of a stakement from the Repairing Party. 3 5.4 Indemni , Each Owner agrees to indemnify and hol GS other Owner(s) and their
of the Stormwater Drainage Facility Costs within thirty (30) days of receipt of a stakement from the Repairing Party. 3 5.4 Indemni , Each Owner agrees to indemnify and hol GS other Owner(s) and their whatsoever nature (Muding reasonable attorney's fees) to persons oproperty caused by or arising out of: (i) such Own or such Owner’s Occupants and Permittees) ex@cise of easement rights under this Agreement, (11) S€fault on the terms and conditions of this Decl ation, or (iii) failure to comply with applicable lays rules, regulations and safety standards relating eM se EN fe) fe) VY VY od mes o s & QPe7340 2} Ss il s Doc-1310003 Bk-OR VI-14284 Pg-249 RY RY R R oe e 2S RS 5.5 No Betication to Public. Nothing herein shall create&gift or dedication of any portion of the Property tag8e general public. Notwithstanding any other she hereof to the contrary, each Owner may periOUically restrict ingress and egress on its portion Of the Property in order to prevent a prescriptive ment from arising by continued public useg¥ same; provided such interruption is scheduled, Pordinated and conducted in a manner that minigPes inconvenience to the affected Parcel or Parcels, ahny restriction on ingress and egress shall be ligted to the minimum time period necessary to on tay use of the easements granted herein. (e) {e) s Ss ws 5.6 Easement for Enforcement. An easement to and across each Parcel is hereby greated RX for the use and benefit of the Owners or thepQespective appointed agents and employees in Revising ~ se < Ss and enforcing their rights under this Deq&ation following any applicable notice and curgGrovisions
use and benefit of the Owners or thepQespective appointed agents and employees in Revising ~ se < Ss and enforcing their rights under this Deq&ation following any applicable notice and curgGrovisions manner and in any event in a mannen€at minimizes any interference with the conduoge any business operated from the Parcel on which ePasement is located. RS 5.7. Taxes and Assessments on Easement Properties. Each Owner shall timely pay the ad valorem taxes and all other taxes, assessments and liens on that portion of any easement areas located on a Parcel owned by that Owner.
x e WV ARTICLE 6 WV -@ 2D 2, 2, CONSYRUCTION, MAINTENANCE, REPAIR AND @PPLACEMENT OF © COMMON DRIVE AND OTHER ACQSSS WAYS 6.1 2 Construction of Common Drive. ge > (a) The Declarant through its Occupgd on Tract 1 will construct, at its expense, the Comsggeh Drive shown on Exhibit “B” attached heretgevYd to be located in the variable-width (30’ to 4 a Private Access Easement depicted in that g@tain Final Plat of the Property recorded in Vol 46, Page 222 of the Official Records of B s County, Texas. Such Common Drive sha)‘be constructed in compliance with the requirements of the City of College Station, Texas, includigg, the requirements of the City of College Statio Swe Prevention Code. If necessary, the Owner Rr ract 2 establishes a temporary construction pe on Tract 2 for the benefit of the Owner of Tre? 1, and its current Occupant, for the purpose of c@ptiructing the Common Drive shown on ae 2B” attached hereto .
© , SS nai . s 6.2 Maintenance andSRepair of Common Drive.
(a) As for ongoing maintenance of the Common Drive, subject to the terms below,
ptiructing the Common Drive shown on ae 2B” attached hereto .
© , SS nai . s 6.2 Maintenance andSRepair of Common Drive.
(a) As for ongoing maintenance of the Common Drive, subject to the terms below, each of the Owners of the Parcels shall each be responsible for such Owner’s Pro-Rata Share (as hereinafter defined) of thagNosts incurred for the maintenance, operatay , repair, replacement, reconstruction and compli@gte with all laws, regulations and ordinances, acting the Common Drive, including but not limitegto all regular and routine maintenance and repayg*on the Common Drive, such as striping and re-syFing of such Common Drive (collectively, “ ommon Drive Costs”). For purposes of this Ag@ément, each Parcel Owner’s “Pro-Rata Share” gOthe Common Drive Costs shall be a percentage of sQ¥total Common Drive Costs, the numerator of which is the number of acres contained within such a Parcel and the denominator of which is tag total number of acres contained within all of the eo s (being 6.2 acres). Initially, only Tract | wide “developed” (as defined below) in the BIOPEIEINS refore all costs of any future repairs and maagtenance for the Common Drive will be paid LO ey N Se | Se on ~ °~O Pere € creation of a prescriptive easement and shgtoccur at such times as to have minimum effege?
> vs 3S Doc-1310003 Bk-OR VI-14284 Pg-250 ge ou ~ se ge i R ne \ RX e WV WV oF oO solely by the Own gS Tract 1 unti! such time as each of the rergmhing Tracts in the Property are “developed”. em “developed” as used in this paragraph sha] Kft defined as the point in time when the Owner or jts Occupant commences construction of a buildjng’and improvements on an individual
ty are “developed”. em “developed” as used in this paragraph sha] Kft defined as the point in time when the Owner or jts Occupant commences construction of a buildjng’and improvements on an individual Parcel by th uring of the foundation and footings for thegpoposed building on such Parcel. The CommagDrive Costs until each remaining Parcel is “deyptoped” from time to time. From the date an ..
indiyg@val Parcel is “developed” in the future until iPass is fully “developed”, the ee bQsis based on the total amount of land then “deveKped” at that time in the Development when such q&ts are incurred. Each Owner shail reimburse theyRepairing Party (as defined in Section 6.2 (c).Qelow) Se within thirty (30) days after written notice gore amounts from the Repairing Party for suchfewner’s N“ <O share of the Common Drive Costs togetheWith interest thereon at the lesser of ten percen¥i 0%) per annum or the highest non-usurious rate OP interest under applicable law from the date oR Bch payment until paid if not paid within the thirty Ko) day period. é \Y Ay (b) As for th tghting facilities and light standards associat&® with the Common Drive (the “Light Improvements”), the responsibility for the maintenance, repair and replacement of such Light Improvements and the replacement of bulbs with respect to such lighting and the electrical cost of such Light Improvements shall be the obligation of the Parcel Owner on which such Light Improvements are located. h Parcel Owner shall keep the Light Improgpments located on such Owner’s Parcel in good wPng order at all times. . 9 se we .
bligation of the Parcel Owner on which such Light Improvements are located. h Parcel Owner shall keep the Light Improgpments located on such Owner’s Parcel in good wPng order at all times. . 9 se we .
(c) Heclarant (the “Repairing Party”) shall mai the Common Drive at a level of appearance an lity consistent with the First Class ae standards and shal! perform commercially seahable maintenance and repair to the Common Qytve upon the expiration of sixty (60) days after wrifgen notice to the non-repairing Owners of the Parcels of such necessary maintenance or repair and sep reimbursement from the other Owners of the &@rcels of such Owner’s Pro-Rata Share of such cos The Repairing Party shall obtain three (3) “ids for the maintenance or repair of the mainteg@ice and repairs and will contract with the lowgsPbidder to complete such construction. If the a non-@Pairing Parcel Owners do not respond within thegtxty (60) day notice period, such Parcel Owner(s s be deemed to have approved such mainten or repair. So long as such maintenance a be made with the type of surfacing marenee iginally installed or a substitute material thati® qual in quality, appearance and durability. All ape construction or work shall be performed ip\e good and compliance with all applicable deed Bictions, building codes, ordinances and other laws or regulations of applicable governmental authorsfes. The non repairing party or parties shall pay xs*Pro-Rata Share of
nce with all applicable deed Bictions, building codes, ordinances and other laws or regulations of applicable governmental authorsfes. The non repairing party or parties shall pay xs*Pro-Rata Share of the Common Drive Costs within thirty (30) days of receipt of a statement from the Repairing Party.
(d) In the event of damage to the Common Drive that is directly caused by a Parcel Owner, or such Parcel Owner g Occupants and/or Permittees, such Parcel Ownex shall be responsible for repairing such damages to thgCommon Drive, at such Parcel! Owner’s sole cogg@nd expense, 6.3 Maint Ps and Repair of Access Ways (Other T Y The Common Drive). All access ways, drivewagQs, sidewalks, curbs and curb cuts located on eat arcel must be maintained at a level of appeara Pind utility consistent with the First Class indy standards. Except as otherwise provided hereinSobach Owner will be solely responsible for ths osts of maintaining, repairing and replacing the acess ways, driveways, sidewalks, curbs and curk&pts located on that Owner's Parcel. Any Parcel O making any repairs or installations required r this Declaration shall make them in a good ap vores manner, in accordance with all a cable laws, rules, ordinances and restrictive ee ro & (e) ce) ce) Ss Se we e C > g vs 3S Doc-1310003 Bk-OR VI-14284 Pg-251 RY a g Z co covenants applicabl Rereto, free of liens or claims for same, and shal/festore its Parcel (inclusive of any easement areas apgiimprovements thereon) to its former condition yen completion of any such work.
vs 6.4 Qitien to Secure Reimbursement Obligations @S ay OG OG sum by any such party to another Owner when
uch work.
vs 6.4 Qitien to Secure Reimbursement Obligations @S ay OG OG sum by any such party to another Owner when andgttorneys’ fees, shall bear interest at the lesser ious rate of interest under applicable law, fro the applicable interest thereon, shall (ge detinguent Owner, ge en percent (10%) per annum or the highest nog date due until repaid, and such sums, togethertytth bea chargeand a continuing lien upon the fee of the Parcel a such rh) rh) be expressed therein, but as part gfe consideration therefor, hereby expressly gr and conveys its interest in the Parcel, in trust, t¢Nénd for the benefit of the Owner(s), as a lien “Pon of such Parcel, coupled with a power of sale, and each with the right and power to enforce the aforesaid lien by nonjudicial foreclosure pursuant to Chapter 51 of the Texas Property Code or in accordance with the prescribed manner for foreclosure of deed of trust liens provided by any future amendment to such statute or any other statute enacted igpabstitution therefore; provided, however, that lien created pursuant to this Article 6 shall be stPrdinate to any bona fide third party mortgag® deed of trust or similar encumbrance placed on, SParcel for the purpose of financing the improveent or ownership thereof and all taxes and special gefessments levied by governmental and taxing augegites.
6.5 ExSst as otherwise set forth herein, each Owner sit be responsible, at its sole cost and
ent or ownership thereof and all taxes and special gefessments levied by governmental and taxing augegites.
6.5 ExSst as otherwise set forth herein, each Owner sit be responsible, at its sole cost and expense, for okfaining, connecting, installing, repairing and maixtaining all utility lines, connections and facilities exeQsively serving their respective Parcel and shall >) all impact, connection and tap-in fees, sewer sexy4ee charges and charges for gas, electricity, teleph@ae and other communication services and all other ies and similar services rendered or supplied to@heir respective Parcel, or other similar charges levig0r charged against, or in connection with, theirg g Oydver shall be solely responsible for the costs of as, signage, landscaping, lighting and irrigatio s\cable and fiber optic lines and other utilities Se respective Parcels.
ge cel. Except as otherwise provided herein, cag structing and maintaining the sidewalks, parl¢ n their respective Parcels and for the telephone Nhes, KEN sseressed herein which are exclusively for useet their or oe Rm x rs ARTICLE 7 ro RS Intentionally Deleted RS ARTICLE 8 SENeRSE CONSTRUCTION REQUIREMENTS RY 8.1 ConstrucGsn Approvals. Prior to commencement of const@tion (as defined in Section 8.4 below) of any Impreeements on any Parcel or undertaking any on-sit -development work (such as grading or demolitiggs of existing improvements) on any Parcel og@ily material alterations to such improvements, the Owner of such Parcel shall obtain the prior writtegQconsent of Declarant to each of the following: (a) a plan showing the location of all proposed Im ements to be constructed, including, but not limitedto, a footprint of any proposed building parking areas, drives, and curb cuts; (b) a grading
ing: (a) a plan showing the location of all proposed Im ements to be constructed, including, but not limitedto, a footprint of any proposed building parking areas, drives, and curb cuts; (b) a grading plan; (c) Riity plan showing the location of all! utilitie Ent elevations and preliminary plans and spscificashis showing the exterior design, building mat se height, and the size of the improvements; ge ge iS 2) -) -) cS x x Oo Oo JG se feet sums, including reasonable collection costg Co .
Ss 3S ‘e) VY Doc-1310003 Bk-OR VI-14284 Pg-252 ge se se N N Lo Lo (e) a sign plan shoves the location, size, and height of all exterior Fie (f) a parking plan showing sufficient parking$Saces in order to comply with the minimum neftber of parking spaces required by applicable law; and (g) a landscaping plan [(a) through (g) above are sometimes coilectively referred to herein as the SYans" : 3S fe) te) Gress otherwise agreed to by Declarant, all Play including without limitation, any diagrams, .@ schegits, specifications and other data required sh © submitted to Declarant in a complete forme (sufGient to obtain a shell building permit), and read for Declarant's consideration and final nies r to the construction of any such improvementSSs any Parcel, notwithstanding anything herein € contrary, the Plans for any Improvements constrycted pursuant to the Tract 1 Lease shall be reviewed and Se approved by Declarant solely according to thgttrms of the Tract 1 Lease. Declarant shall resp with N“ <O ~ se ge i ne its consent or disapproval within thirty & days after the submittal of the Plans to DeMarant, If Declarant fails to respond to the Plans wettn said thirty (30) days of submittal, the Plans spl be deemed
s consent or disapproval within thirty & days after the submittal of the Plans to DeMarant, If Declarant fails to respond to the Plans wettn said thirty (30) days of submittal, the Plans spl be deemed disapproved. If the Plans are disapg&ved, Declarant shall note the reasons for ee in reasonable detail. Every Parcel at all times comply with all covenants, teygss, conditions and obligations of this Declaration. my approval of the Plans (“Plan Approval”) b}Declarant does not constitute any warranty or representation that the Plans comply with applicable governmental requirements, or good and prudent design, engineering and/or construction practices. It is the sole responsibility of the submitter of such Plans to Declarant to determine whether the Plans comply with such requirements and practig®. Plans that have been approved by the Declaygit shall be referred to in this Declaration as the “ApQYoved Plans”. 9 A) D> Any Plan Angee given by Declarant shall expire and no longa te effective unless construction is commenced in ag@ dance with the Approved Plans within one yeagiter the date of Declarant’s notice of approval, unlegStherwise agreed in writing by Declarant. All truction, once commenced, shall be diligently purgyed to completion as soon as reasonably possibleg No construction shall be abandoned or left partiallydmplete. Declarant shall have the right, but n e obligation, to enjoin any construction that is neh compliance with the Approved Plans and t Cplicable Owner acknowledges and hereby accept Bat such injunctive relief is necessary because QePlarant would have no adequate remedy at law oe for agtolation of this Declaration.
) ) Oo ~) No improvements of any nature shall beNtected, installed, constructed, placed or permitted to
se QePlarant would have no adequate remedy at law oe for agtolation of this Declaration.
) ) Oo ~) No improvements of any nature shall beNtected, installed, constructed, placed or permitted to gvemain on any Parcel and no exterior portion any existing buildings, structures, pavemenf utility, ou fences, walls, signs, landscaping or other impO ements of any nature shall be altered or rem d, until Plans therefore, in such detail as provided Above, shall have been submitted to and approveda writing by Declarant; notwithstanding anything hegdtn to the contrary, all Plans for any Improve constructed pursuant to the Tract | Lease shall igWviewed and approved solely in accordance a terms of the Tract 1 Lease. Ss Ss 8,2 Construction to Proceed in Reasonable Manner; Coordination of Construction.
Construction on any Parcel shall be undertaken so as not to unreasonably: (a) cause any increase in the cost of construction of the remginder of the Development or any other Parcel; (bj) interfere with any other construction being performgdon the Development or any other Parcel; (c) ially interfere with the operations of any other Sfipant within the Development or any other Pa Gor the rights of any Owner or its Occupants as co plated by this Declaration; or (d) impair the w@e, occupancy or enjoyment of any Parcel by the Og@tpants of such Parcel. All improvements shall ge constructed in accordance with the Approved Pl we Each Owner shall use all reasonable efforts Prause its architects, engineers and contractors to ce perate and coordinate its construction with thXchitects, engineers, contractors and construction wYrk of the other Owners to the extent reasonably pkacticable, so as to achieve the objectives
rs to ce perate and coordinate its construction with thXchitects, engineers, contractors and construction wYrk of the other Owners to the extent reasonably pkacticable, so as to achieve the objectives cosa yon materials and equipment shal! be located on gParcel only during such times as construction s oO ae cS cS & e) e) Ss Se Ss RY 8 re) VY Ss RY 8 re) VY r Ss RY & > Doc-1310003 Bk-OR VI-14284 Pg-253 ce) ~ se < s s RX Tract 1 Lease has been terminated and is of n@Rirther force or effect.
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is actively being congitted thereon, and shall be removed within thirty gB0) days of written demand from g Declarant. Ss s vs 8.3. sNWorkmanship; Compliance with Laws andl Ghsuicance Requirements. Each Owner 3S shall perfog ts construction, or cause the performance of it struction by its agents, to be undertaken, on in a diligfst, good and workmanlike manner with the use gWirst Class materials, and in accordance with: , > all er laws, ordinances, orders, codes, rules, reglations and requirements of all federal, stalg icipal, public and governmental agencies and gsrnments, and (d) all orders, rules and regulati f Se) atic National Board of Fire Underwriters or any other body now or hereafter constituted petiguning se similar functions in the county in which the Dee ‘opment is located. Q C ee 8.4 "Construction" Defined? As used in this Article 8, the word "construegih" includes
ee 8.4 "Construction" Defined? As used in this Article 8, the word "construegih" includes Declaration, and except where rwise specified, any subsequent constructi reconstruction, expansion, alteration, maintenanceepair, restoration, rebuilding, demolition and rang carried on in the Development.
ARTICLE 9 RY RN S& ENFORCEMENT S& 9.1 Pow a Enforce. The Declaration may be enforced b ory Owner or its successors and assigns (the “Enfor Party”). Notwithstanding anything herein Bre contrary, Whataburger Real é Estate LLC or isuccessors or assigns (“Tract 1 Tenant”) da@g the term of the Ground Lease vs Agreement dated tffective as of February 27, 2017 (the “Tract 1 Eease’’) with the Declarant as to Tract 1 shall be pexgiited to enforce any one or more of the provisio of this Declaration which benefits Tract 3S 1; provid owever, the Tract | Tenant shall provide the Rner of Tract 1 with a thirty 0) day prior ou written.apptice of its intent to exercise its rights under Declaration prior to exercising such rights > exceggfn the event of an emergency posing an imagen threat of injury to person(s) or damage ee pr . For purposes of determining whether th@ferm of the Tract 1 Lease has ended, any PUD successors and assigns, recorded in the Official Records of Brazos County that states, under oath, shat the (ou threatened e “Defaulting 9.2 All Legal and Equitab Remedies Available. In the event of a breac breach by an Owner of a Parcel and/om@ts Permittees (collectively, jointly and severall Owner”) of any of the terms, coye@nts, restrictions or conditions hereof, the oth
lable. In the event of a breac breach by an Owner of a Parcel and/om@ts Permittees (collectively, jointly and severall Owner”) of any of the terms, coye@nts, restrictions or conditions hereof, the oth entitled forthwith to full and addQuate relief by injunction and/or all such otheSsvailable legal and equitable remedies from the consequences of such breach from the Defaulting Owner.
93 Self-Help. In addition to all other remedies available at law or in equity, upon the failure of a Defaulting Owner to ourggbreach of this Declaration within thirty 30) day$¥ollowing written notice thereof by an Owner (une? with respect to any such breach the nature o ich cannot reasonably be cured within such 30-dayperiod, the Defaulting Owner commences such ore within such 30-day period and thereafter dilige pursues such cure to completion), the We Se Party shail have the right to ¢ perform such obliggtions contained in this Declaration on behalf gf such Defaulting Owner and be Ce) promptly reimbuggtd by such Defaulting Owner upon demand forse reasonable costs thereof together vs with interest ag described in Section 9.7, Notwithstanding the faegoing, in the event of (1) an emergency posing an igftinent threat of injury to person(s) or damage BeProperty, (ii) material impairment of the x casement fits, and/or (iii) the unauthorized parking of BS cles on a Parcel, an Owner may, upon 48 VY O & s & Se Se