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<br />the Subject Property and/or (ii) any exterior modification, renovation, expansion, restoration or repair (if
<br />different from the original exterior construction) change or alteration be made to any Improvement shall be
<br />commenced, erected, constructed, placed, or maintained upon any portion ofthe Subject Property until in
<br />the case of (i) or (ii), above, the plans and specifications therefor ("Plans") showing the nature, color, kind,
<br />shape, height, materials and location of the same (including site landscaping, drainage and grading plans
<br />and utility layout) have been submitted to and approved in writing as to harmony and external design and
<br />location and relationship to surrounding structures and topography by Developer until the "Transfer Date"
<br />(hereafter defined) and thereafter by the "Board" (hereafter defined). The drainage plans shall cause the
<br />Subject Property to be drained in a manner so that no standing water remains for any extended period of
<br />time following any precipitation and the Subject Property does not become a breeding ground for
<br />mosquitoes. All references in this Article 2 and in Article 3 hereafter made to the Board shall refer to the
<br />Developer prior to the Transfer Date and thereafter to the Board. In the event that the Board fails or
<br />refuses to approve or disapprove such design or location within thirty (30) days after the Plans have been
<br />submitted to it, it will be deemed that the Board has approved such Plans. In the event of damage or
<br />destruction of any Improvement, approval shall be granted by the Board for the restoration of
<br />Improvements if the Improvement is to be restored in substantial accordance with the original approved
<br />Plans. If the Improvements will not be restored in accordance with the original approved Plans, then the
<br />Plans for such restoration shall be subject to approval in the same manner as the original Improvements
<br />to the Tract. All decisions of the Board shall be final, conclusive and binding and there shall be no review
<br />of any action of the Board.
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<br />B. No Representation or Warranty; Limitation of Liability. No approval of Plans shall ever be
<br />construed as representing or implying that such Plans will, if followed, result in a properly constructed
<br />structure complying with all applicable legal requirements or built in a good and workmanlike manner or
<br />be deemed approval of the Improvement from the standpoint of safety, whether structural or otherwise.
<br />Neither the Developer, the Association, nor any members of the Board shall be liable in damages to
<br />anyone submitting Plans for approval, or to any Owner or occupant of any part of the Subject Property
<br />affected by this Declaration, by reason of or in connection with the approval or disapproval or failure to
<br />approve any Plans submitted. Every person who submits Plans for approval agrees, by submission of
<br />such Plans, and every Owner or occupant of any portion of the Subject Property involved herein agrees,
<br />by acquiring title thereto or any interest therein, that such person will not bring any action or suit against
<br />the Developer, the Association, or any of the members of the Board to recover any such damages.
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<br />C. Inspection of Improvements. The Board or its duly authorized representative, as well as
<br />the City of LaPorte ("City"), shall have the right, but not the obligation, to inspect any Improvements to a
<br />Tract prior to or after completion of any Improvements.
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<br />D. Notice of Completion. Promptly upon completion of any Improvements, Owner shall
<br />deliver a notice of completion ("Notice of Completion") to the Board and the City and, for all purposes
<br />hereunder, the date of receipt of such Notice of Completion by the Board shall be deemed to be the date
<br />of completion of such Improvements, provided that the Improvements are, in fact, completed as of the
<br />date of receipt of the Notice of Completion.
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<br />E. Notice of Non-Compliance. If, as a result of inspections or otherwise, the Board and/or
<br />the City finds that any Improvement has been constructed or undertaken without obtaining the approval of
<br />the Board and/or the City, or has been completed other than in substantial conformity with the Plans
<br />furnished by the Owner to and approved by the Board and/or the City, as applicable, or has not been
<br />completed within a reasonable period of time (as agreed upon by the Board and/or the City, or, if no
<br />agreement, as determined by the Board and/or the City, in its sole good faith discretion) after the date of
<br />approval by the Board and/or the City (as determined by the Board and/or the City), subject to delays due
<br />to "Force Majeure" (hereafter defined) causes, the Board and/or the City shall notify the Owner and the
<br />City or the Board, as applicable, in writing of the noncompliance, which notice (the "Notice of
<br />Noncompliance") shall be given, in any event, within sixty (60) days after the Board and the City receive a
<br />Notice of Completion from the Owner. The Notice of Noncompliance shall specify the particulars of the
<br />noncompliance and shall require the Owner to take such action as may be reasonably necessary to
<br />remedy the noncompliance. The Notice of Noncompliance may be filed in the public records and the cost
<br />of preparing and filing the same and the release thereof shall be paid by such Owner.
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<br />H-Final Version of Declaration of Protective Covenants and Easements(620880 _ 4).DOC 3
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