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<br />benefit of Developer, and any utility or cable company to whom Developer conveys or grants an easement
<br />for the purpose of providing utilities and related services to the Subject Property and the Owner of any
<br />portion of the Subject Property, their heirs, legal representatives, successors and assigns. If applicable,
<br />Owners shall have the right to use the drainage easement and to tie into any such utility lines located on
<br />such Owner's respective Tract upon payment of any tie-in charge imposed by the utility company, or by any
<br />party providing such utility service. No structure shall be erected on any of said easements, and no
<br />Improvements may be placed within said easements without the prior written approval of the Board and
<br />any utility company using such easements. Easements may be crossed by driveways and walkways
<br />provided the Owner secures the necessary prior approval of the effected utility companies furnishing
<br />services, and provides and installs any special conduit and other equipment of approved (by the utility
<br />companies) type and size, under such driveways and walkways prior to construction thereof.
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<br />Title to any Tract conveyed by Developer by deed or other conveyance or ground lease shall not be
<br />held or construed in any event to include the title to the easement estates in favor of third parties affecting
<br />the Tract or any improvements within such easements or appurtenances thereto, constructed by or under
<br />Developer, the Association, third parties or their respective agents through, along, or upon any portion of
<br />the Subject Property, and the right to maintain, repair, sell, lease or replace such facilities or the
<br />appurtenances thereto (but not the Tract) to any municipality or other governmental agency orto any public
<br />service corporation or to any other party, is expressly reserved in Developer and the Association.
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<br />An easement is hereby granted to utility companies and other entities supplying service (and
<br />agents and contractors thereof) for reasonable ingress and egress in connection with installing, replacing,
<br />repairing and maintaining all utilities, including, but not limited to, water, sewer, telephones, cable service,
<br />electricity, gas and appurtenances thereto, on, above, across and under the Subject Property within the
<br />utility easements from time to time existing to and from service lines situated within such easements to the
<br />point of service on or in any structure situated on the Tracts. Further, an easement is hereby granted to all
<br />police, fire protection, ambulance and other emergency vehicles, and to garbage and trash collection
<br />vehicles, postal service vehicles and other service vehicles, and to the operators thereof, to enter upon the
<br />Subject Property in performance of their duties. Neither Developer nor any utility company using the
<br />easements shall be liable for any damage done by either of them or their assigns, their agents, employees
<br />or contractors to shrubbery, trees, flowers or other improvements (except damage to the aforementioned
<br />special conduit and other equipment, if any) located on the land covered by said easements, except to the
<br />extent of their respective gross negligence or willful misconduct.
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<br />I. Temporary Structures. No tent, shack, temporary building or structure, other than
<br />construction offices and structures for related purposes during the construction period, shall be installed or
<br />maintained on any Tract without the prior written approval of the Board. All temporary structures used for
<br />construction purposes must receive approval by the Board with regard to location and appearance, and
<br />must be removed promptly upon completion of construction.
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<br />J. Fences. All fences installed by an Owner along or in the vicinity of the boundary lines of
<br />such Owner's Tract shall be approved by the Board and further subject to compliance with all laws,
<br />regulations, codes, and ordinances of all applicable governmental authorities.
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<br />K. Landscaping. Two complete sets of landscaping architectural plans must be submitted to
<br />the Board for written approval prior to commencement of construction on a Tract. All open, unpaved
<br />space, including, but not limited to, front, side and rear building setback areas, shall be planted and
<br />landscaped, according to the plan approved in writing by Developer. Landscape plans submitted for
<br />approval of the Board shall indicate the number, size, spacing and species of shrubs and trees, and the
<br />species of ground cover. A sprinkler system of approved design shall be installed in all landscaped areas.
<br />The Board will require reasonable landscaping of any traffic or parking island located within or at the edges
<br />of any parking areas. Landscaping in accordance with the plans approved by the Board must be installed
<br />within thirty (30) days following the occupancy of a building or Tract. This period may be extended by the
<br />Board in the event of Force Majeure delays. The Board may promulgate landscaping guidelines which may
<br />be modified by the Board from time to time in its discretion. All landscaping installed by an Owner shall be
<br />subject to compliance with all laws, regulations, codes, and ordinances of all applicable governmental
<br />authorities.
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<br />H-Declaration of Protective Covenants and Easements.DOC 7
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