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<br />to any person under any theory or under any circumstances in connection with the approval or
<br />disapproval of plans and specifications, including, without limitation, ,any liability b.ased on
<br />soundness of construction, adequacy of plans and specifications or otherwise. Further, in the
<br />development of any Building Site and in construction of improvements thereon, the owner of a
<br />Building Site must comply with all applicable law, rules, regulations, zoning ordinances, building
<br />codes and governmental requirements, including, without limitation, those related to the
<br />installation of sidewalks and similar amenities, hazardous chemicals, and, fir~ and safety codes and.
<br />standards.
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<br />4. Landsclij)e Installation. Landscaping, undetground irrigation and berms generally for
<br />all open, and as practicable; within Section One, unpaved spaces within a Building Site, including,
<br />but not limited to, the area of a Building Site (the "Landsclij)e Setback"), and side and rear
<br />building .setback areas, shall be installed by the Building Site owner, at its sole cost and expense.
<br />Such landscaping shall include, without limitation, visual screening required by these Protective
<br />Covenants. Installation of the required lan~scaping and irrigation within a Building Sit,e must be
<br />completed ,within thirty (30) days following the occupancy or substantial completion of any
<br />building, whichever occurs first, subject to reasonable extensions for a period of time eq~a1 to the
<br />duration of delays caused by fires, act of God, shortage or labor or materials, strike, lockou~
<br />casualty, or other conditions beyond a person's ,reasonable ~ontrol ("Exc~sable Delay"). Ifsuch
<br />required landscaping and irrigation is not timely installed the Grantor may cause the same to be
<br />installed at the expense of the Building Site owner, in the same manner and with"the same effect
<br />as if such installation were maintenance required by Section "15" below.
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<br />5. Landsclij)e Maintenance. The owner of a Building Site shall, at its sole cost and
<br />expense, maintain all landscaping, berms and irrigation required l?y these Protective Covenants to
<br />be installed by the owner of a Building Site. No excavation shall be made on, and no sand, gravel
<br />, or soil shall be removed from, the Building Site, except in connection ~ith the construction of '
<br />improvements thereon, and upon completion'thereof, exposed ground openings shall be backfilled
<br />and disturbed ground shall be graded, leveled, and paved or landscaped. Adequate erosion
<br />contro~ shall be maintained during construction on a Building Site. All storm water falling on a
<br />Building Site must be collected on-site, into subsurface drainage struc~res which must discharge
<br />into a storm sewer or other drainage facjlity approved by the Grantor and which complies with
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<br />applicable laws and re~lations. '
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<br />, 6. Setbacks. Minimum buildinglimprovement and parkjng area setbacks shall be as
<br />follows (measured at right angles from the property line and shall conform to the standards of the
<br />City and/or ,as established on approved plats.):
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<br />BuildinglImpr~vements
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<br />Parking Area,
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<br />All Public Streets
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<br />Side Building Site Line
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<br />Real Building Site Line
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