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HomeMy WebLinkAboutResolution - 2012-R0300 - Approve Inclusion Of Islands In Streets - Reserve At Ravenwood - 07_26_2012Resolution No. 2012-RO300 July 26, 2012 Item No. 6.5 RESOLUTION WHEREAS, Chapter 38, Section 38.01.005(17) of the Code of Ordinances of the City of Lubbock (Subdivision Regulations) requires City Council approval of a street design which will include an island within the street; and WHEREAS, the Owner/Developer of Reserve at Ravenwood Addition has requested that the City Council approve a street design that will include islands in streets within the boundaries of this development, platted as Lots 1-58 and Tracts "A" through "J", Reserve at Ravenwood an addition to the City of Lubbock, Texas; and WHEREAS, said islands are to remain under private ownership and will be owned and maintained as open space area by a homeowner's association; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock hereby approves the inclusion of islands in the streets within the boundaries of Reserve at Ravenwood, namely located on 1050' Street as shown on Exhibit "A" attached hereto and incorporated herein by reference to be owned and maintained by the Reserve at Ravenwood Property Owner's Association in accordance with the request of James Morgan, Ltd., which request is attached hereto as Exhibit "A" and made a part hereof for all intents and purposes. THAT, as a condition of approval, if any, of subsequent islands in the streets located within Reserve at Ravenwood, the Developer shall be required to present to the City Engineer the design and construction of a street pavement structure adjacent to such islands that exceeds the minimum standard specifications for street paving, and that design and construction proposal must be approved by the City Engineer. Passed by the City Council on July 26, 2012 G N CQR0JB3Fk/TS0N, MAYOR ATTEST: Rebec •a Garza, ity' �e,cr aJ r APPROVED AS TO CONTENT: Marsha keed, FE., Chief Operations Officer APPROVED AS TO FORM: Chad Weaver, Assistant City Attorney vw:ccdocs/RES.Subdivision Regs-Reserve at Ravenwood July 11, 2012 rr EM H UGO REED AND ASSOCIATES, INC. M. 1601 AVENUE N / LUBBOCK, TEXAS 79401 / 806-763-5642 / FAX 806-763-3891 TEXAS REGISTERED ENGINEERING FIRM F-760 TEXAS LICENSED SURVEYING FIRM 100676-00 LAND SURVEYORS CIVIL ENGINEERS June 15, 2012 Honorable Mayor and City Council of Lubbock, Texas c/o Wood Franklin, P.E., City Engineer Hand delivered Re: Reserve at Ravenwood request for medians in development Dear Mayor Robertson and City Council Members: On behalf of James Morgan, Ltd., please accept this letter as our request to develop a residential subdivision with islands in the streets. The development is proposed to be platted as Lots 1-53 and Tracts "A" through "J", Reserve at Ravenwood, an addition to the City of Lubbock, and will be located at 1051h Street east of Quaker Avenue. The plat was approved by the Planning and Zoning Commission on May 3, 2012 and Zoning was approved by City Council on May 30, 2012. The islands, identified as Tracts "A" — "D" on the attached drawing, will be privately owned and maintained. A copy of the draft "Declaration of Covenants, Conditions, and Restrictions" (CCR's) is included with this letter to address the ownership and maintenance of all the common space within the development. These CCR's will be recorded subsequent to the recording of the final plat and prior to conveyance of any of the residential lots. We are currently preparing plans for the water, sewer, and paving for the development and will be submitting those to your engineering department for customary review and approval within the next few weeks. The developer is aware of the requirement to install concrete paving in the streets surrounding the medians and plans are being prepared accordingly. We have also visited with the Lubbock Fire Marshall's office and to coordinate acceptable pavement widths to suit their access needs. And the attached drawing illustrates the result of those discussions. We are excited about this opportunity to bring this first-class development to the Lubbock residential market and would sincerely appreciate your approval of this request. Respectfully submitted, Terry Holeman Director of Development Services Cc: Randy Henson. Director of Planning James Morgan, Ltd. File 0Z 2 0 Not to Scale 57- IIII NOT FLATTED I- - ,16 35 34 iCi + 89 90 91 92 93 94 K t � I II II � RA wc�n 25 24 23 22 21 20 Q j NOT PLATTED _ _ -- -- —� — -- NOT R-ATTED -- I P A RESERVE AT RAVENWOOD �4 Q 174 I 194 /93 192 HUGO REED AND ASSOCIATES, INC. FAND RS 1601AVENUEN S LUBBOCK,TEXAS7W1 wG FIFIM IO08TO-W PHONE: 60677633642 7=FRNG FiKM F-780 FAX: 8061763-3891 it N 1 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS ON AND FOR RESERVE AT RAVENWOOD AN ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, DRAFT FOR DISCUSSION PURPOSES ONLY (THIS DOCUMENT MUST NOT BE CONSIDERED FINAL UNTIL FILED FOR RECORD IN THE REAL PROPERTY RECORDS OF LUBBOCK COUNTY, TEXAS; THIS DOCUMENT IS SUBJECT TO FURTHER MODIFICATION) Reserve. Ravenwood.Add.Decl.of.Cov.Cond.&.Rest Page 1 Section 6. Alternative Payment Plans ..................................................... ,... ....25 Section7. Power of Sale.................................................................................27 Section 8. Subordination of the Lien to Mortgages........................................29 Section 9. Exempt Property............................................................................29 VI. INSURANCE; REPAIR; RESTORATION......................................................................29 Section 1. Right to Purchase Insurance..........................................................29 Section 2. Insurance and Condemnation Proceeds.........................................30 Section 3. Insufficient Proceeds.....................................................................30 Section 4. Owner's Insurance.........................................................................30 VII. ARCHITECTURAL REVIEW.........................................................................................31 Section 1. Purpose, and Architectural Control during Specified Periods...........................................................................................31 Section 2. ARC Jurisdiction...........................................................................32 Section 3. Design Guidelines..........................................................................33 Section 4. Plan Submission and Approval......................................................33 Section 5. LiabiIity..........................................................................................34 Section6. No Waiver......................................................................................34 Section 7. Construction ........................ ................... .,...................................... 34 Section 8. Variances.......................................................................................34 VIII. USE OF LOTS IN THE PROPERTY; PROTECTIVE COVENANTS ...........................35 Section 1. Residential Use of Lots................................................................-35 Section 2. Minimum Floor Space...................................................................39 Section3. Garages; Parking .............. F........... ......................... ......................... 39 Section 4. Setback Requirements...................................................................40 Section5. Fences............................................................................................41 Section 6. Construction Standards for Lots....................................................42 Section7. Landscaping of Lots......................................................................46 Section8. Screening ..................................... ..,........................ ....................... 46 Section9. Utilities..........................................................................................46 Section 10. Trash Container.............................................................................47 Section11. General...........................................................................................47 Section 12. Easements; Utilities.......................................................................47 Section 13. Duty of Maintenance....................................................................48 IX. EASEMENTS; UTILITY SERVICES..............................................................................49 Section 1. Utility Easement.........................................49 ................................... Section 2. Ingress, Egress and Maintenance by ARC .49 X. DECLARANT RIGHTS AND RESERVATIONS..........................................................50 Section 1. General Reservation of Rights During Development Period and Declarant Control Period.............................................50 Section 2. General Provisions During the Development Period and the Declarant Control Period..................................................50 Section 3. Declarant Control Period Reservations: Governance ....................50 Section 4. Declarant Control Period Reservations: Financial ........................51 Section 5. Development Period Reservations.................................................52 Reserve.Ravenwood.Add.Dect.of.Cov.Cond.&.Rest Page 3 � I This DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS, CHARGES AND LIENS is made and effective as of the day of 2012, by CARL M. RUSSELL, JR. and J. LARRY ELLIOTT (sometimes referred to herein collectively as the Declarant): PREAMBLE Declarant is the owner and developer of certain residential Lots within a tract of land now commonly known and described as RESERVE AT RAVENWOOD, an Addition to the City of Lubbock, Lubbock County, Texas (which lots are more particularly described on Exhibit "A" attached hereto). Declarant proposcs to establish and implement plans for residential living, recreation, aesthetic and quality -of -life considerations. The purposes of this Declaration are to: protect the Declarant and the Owners against inappropriate development and use of Lots within the Properties; assure compatibility of design of improvements within the Subdivision; secure and preserve sufficient setbacks and space between buildings so as to create an aesthetically pleasing environment; provide for landscaping and the maintenance thereof; and in general to encourage construction of attractive, quality, permanent improvements that will promote the general welfare of the Declarant and the Owners. Declarant desires to impose these restrictions on the Reserve at Ravenwood now and yet retain reasonable flexibility to respond to changing or unforeseen circumstances so as to guide, control and maintain the quality and distinction of the Property. Declarant intends for this instrument to be a "dedicatory instrument" within the meaning of Chapter 202 of the Texas Property Code and the Texas Residential Property Owners Protection Act, as said statutes are now enacted or hereafter amended. The Reserve at Ravenwood Property Owner's Association has been or will be chartered as a non-profit Texas corporation to assist in the ownership, management, use and care of the common areas within the Reserve at Ravenwood and to assist in the administration and enforcement of the covenants, conditions, restrictions, easements, charges and liens described in this Declaration. DECLARATION The Declarant hereby declares that the RESERVE AT RAVENWOOD residential lots described on Exhibit "A" attached hereto, and such phases or additions thereto as may hereafter be made pursuant to this Declaration is and shall be owned, held, mortgaged, transferred, sold, conveyed and occupied subject to the covenants, conditions, restrictions, casements, charges and liens (sometimes collectively referred to hereinafter as "the Covenants") hereinafter set forth. ARTICLE L CONCEPTS AND DEFINITIONS The following words, when used in this Declaration or in any amended or supplementary Declaration (unless the context shall otherwise clearly indicate or prohibit), shall have the following respective concepts and meanings: "Additional Property" means real property which may be added to the Property and subjected to this Declaration by Declarant, as described in this Declaration, including Article II, Section 2. I Reserve. Ravenwood.Add.Decl.of.Cov.Cond.&.Rest i Ilk- Page 5 ponds, perimeter fences and columns, off -site monuments and directional signs, landscape easements, open spaces, paths and trails, boulevards, and the like including without limitation those shown on any recorded subdivision plat of portions of the Reserve at Ravenwood as well as those not shown on a recorded subdivision plat but which are intended for or devoted to the common use and enjoyment of the Owners, together with any and all improvements that are now or that may hereafter be constructed thereon. It is anticipated that the Common Properties will be owned and maintained by the Association. The Declarant reserves the right to use, during the Development Period, portions of the Common Properties for business matters directly and indirectly related to the sale of Lots within the Reserve at Ravenwood. The Declarant further reserves the right to utilize the Common Properties for such purposes as set forth in this Declaration. The concept of Common Properties will also include: (i) any and all public right- of-way lands for which the City or County of Lubbock, Texas has required that the Declarant and/or the Association expend private, non -reimbursable time and monies to care for and maintain, such as but not limited to: street medians, streetscape, park areas and quasi - governmental service facilities; and (ii) any and all facilities provided by the Declarant and/or the Association to or for the benefit of the local police, fire and similar governmental departments for which no reimbursement via public funds is requested or anticipated. Declarant shall convey record title to some or all of the Common Properties to the Association if, as and when deemed appropriate by Declarant or as may be required by governmental officials, and Declarant shall at all times have and retain the right to effect minor redesigns or minor reconfigurations of the Common Properties (particularly along the edges) and to execute any open space declarations applicable to the Common Properties which may be permitted in order to reduce property taxes, and to take whatever steps may be appropriate to lawfully avoid or minimize the imposition of federal and state ad valorem and/or income taxes. "Covenants" shall mean and refer to all covenants, conditions, restrictions, easements, charges and liens set forth within this Declaration. "Declarant" shall mean and refer to CARL M. RUSSELL, JR. and J. LARRY ELLIOTT and any heirs, successor(s) and assign(s) of CARL M. RUSSELL, JR. and J. LARRY ELLIOTT. However, no person or entity merely purchasing one or more Lots from CARL M. RUSSELL, JR. and J. LARRY ELLIOTT in the ordinary course of business shall be considered a "Declarant". "Declarant Control Period" means the period of time during which Declarant controls the operation and management of the Association by appointing at least a majority of the directors of the Association, pursuant to the rights and reservations contained in this Declaration, to the full extent and the for the maximum duration permitted by Applicable Law. Unless Applicable Law requires a different Declarant Control Period, the Declarant Control Period shall run continuously from the date this Declaration is recorded until 120 days after seventy-five percent (75%) of the Lots that may be created on the Property and on the Additional Property have been conveyed to Owners other than Declarant, and have been improved with Dwelling Units, to the extent permitted by Applicable Law. In no event may the Declarant Control Period last longer than ten (10) years after the date on which this Declaration is publicly recorded, subject to the right of Declarant to unilaterally amend this definition of "Declarant Control Period" for any purpose, including to increase or decrease the maximum length of the Declarant Control Period. No act, statement, or omission by the Association may cause termination of the Declarant Control Period earlier than the term stated in this paragraph. Declarant, however, may terminate the Declarant Control Period at any earlier time by publicly recording a notice of Reserve.Ravenwood.Add.Decl.oLCov.Cond.&.Rest Page 7 "Homebuilder" shall mean and refer to each entity and/or individual which: (i) is regularly engaged in the ordinary business of constructing residential dwellings on subdivision lots for sale to third -party homeowners as their intended primary residence; and (ii) has entered into a contract with the Declarant to purchase one or more Lots. "Improvement" shall mean any physical change to raw land or to an existing structure which alters the physical appearance, characteristics or properties of the land or structure, including but not limited to adding or removing square footage area space to or from a structure, painting or repainting a structure, or in any way altering the size, shape or physical appearance of any land or structure. "Lot" shall mean and refer to each separately identifiable portion of the Property which is platted, filed and recorded in the office of the County Clerk of Lubbock County, Texas and which is assessed by any one or more of the Taxing Authorities and which is not intended to be an "open space" or a portion of the Common Properties. "Owner" shall mean and refer to the holder(s) of record title to the fee simple interest of any Lot whether or not such holder(s) actually reside(s) on any part of the Lot. "Member" shall mean and refer to each Resident who is in good standing with the Association and who has complied with all directives and requirements of the Association. Each and every Owner shall and must take such affirmative steps as are necessary to become and remain a Member of, and in good standing in, the Association. Each and every Resident (who is not otherwise an Owner) may, but is not required to be a Member of the Association. "Payment and Performance Lien" shall have the meaning and refer to the lien described within Article V, Sections 5 and b of this Declaration. "Property" or "Properties" shall mean and refer to: (i) the land described within Exhibit "A" attached hereto; and (ii) other land within the RESERVE AT RAVENWOOD, either now or in the future, including the Additional Property, if any. The Property does not include the Commercial Property, and nothing within this Declaration shall be construed as a restriction on the use of the Commercial Property. "Resident" shall mean and refer to: (a) each Owner of the fee simple title to any Lot within the Properties; (b) each person residing on any part of the Property who is a bona -fide lessee pursuant to a written lease agreement with an Owner; and (e) each individual lawfully domiciled in a Dwelling Unit other than an Owner or bona -fide lessee. "Reserve at Ravenwood" shall mean and refer to the RESERVE AT RAVENWOOD, a subdivision phase of certain land as described within Exhibit "A" attached hereto, in accordance with the map and plat thereof filed of record in the Map/Plat and/or Dedication Records of Lubbock County, Texas, as well as any and all revisions, modifications, corrections or Reserve.Ravenwood.Add.Decl.of.Cov.Cond.&.Rest gage 9 r- Upon any merger or consolidation of the Association with another association, its properties, rights and obligations may, by operation of law or by lawful articles or agreement of merger, be transferred to another surviving or consolidated association or, alternatively, the properties, rights and obligations of another association may, by operation of law or by lawful articles or agreement of merger, be added to the properties, rights and obligations of the Association as a surviving corporation pursuant to a merger. The surviving or consolidated association may administer the Covenants established by this Declaration, together with the covenants and restrictions established upon any other properties, as one scheme. ARTICLE III. MEMBERSHIP AND VOTING, RIGHTS IN THE ASSOCIATION Section 1. Membership. Each and every Owner of each and every Lot which is subject to these, or substantially similar, Covenants shall automatically be, and must at all times remain, a Member of the Association in good standing. Membership is appurtenant to and may not be separated from ownership of a Lot. Each and every Resident (who is not otherwise an Owner) may, but is not required to, be a non -voting Member of the Association. During the Development Period, the Association shall have two (2) classes of Members: "Owner Class" and "Declarant Class." The Owner Class Members shall include: (a) all Owners (other than the Declarant during the Development Period); and (b) all Residents (not otherwise Owners) who have properly and timely fulfilled all registration and related requirements prescribed by the Association. The Declarant Class Member shall be the Declarant. Upon conclusion of the Development Period, the Declarant Class membership shall terminate and the Declarant shall become an Owner Class Member, entitled to one vote for each Lot then owned by Declarant. Section 2. Voting Rights. One indivisible vote is appurtenant to each Lot. The total number of votes equals the total number of Lots in the Property. If the Property contains unplatted tracts of land, each tenth of an acre is allotted one vote. When the unplatted tracts are platted, the number of votes in the Property will be automatically adjusted by the the number if of platted Lots -- with one vote per Lot, regardless of its size. If Additional Property is made subject to this Declaration, the total number of votes will be increased automatically by the number of additional Lots or by the product obtained from calculating the votes in the unplatted tracts comprising the Additional Land. Each vote is uniform and equal to the vote appurtenant to every other Lot, except during the Declarant Control Period (during which period Declarant's votes are weighted, as provided in more detail in Article X). As long as the Declarant Class exists, Declarant has the right to veto any decision made by the other Members of the Association. Further, during the Declarant Control Period, as described below in Article X, Declarant has reserved the right to act unilaterally in regard to many matters that may, in the future, be managed by the Board of Directors of the Association; and nothing within this Article III or within any other provision of the Declaration shall be construed as diminishing or restricting any rights that Declarant has reserved to itself during the Development Period or the Declarant Control Period. Cumulative voting is not allowed. Votes may be cast by written proxy, according to the requirements of the Association's Bylaws. Any Owner, Resident or Member shall not be in "good standing" if such person or entity is: (a) in violation of any portion of the Governing Documents; or (b) delinquent in the full, complete and timely payment of any Assessment which is levied, payable or collectible pursuant to the provisions of any Governing Document. Reserve.Ravenwood.Add.Decl.of.Cov.Cond.&.Rest Page 11 Residents and programs which are designed only for separately identifiable sub -groups of Residents, such as (but not limited to) infants, adolescents, teenagers, students, mothers and senior citizens; (c) Supplementing (to the extent, if any, deemed necessary, appropriate and affordable by the Board) the police, fire, ambulance, garbage and trash collection and similar services within the Properties traditionally provided by local governmental agencies (NOTE: NOTHING WITHIN THIS DECLARATION SHALL BE CONSTRUED AS A REQUIREMENT, DUTY OR PROMISE ON THE PART OF THE ASSOCIATION OR THE DECLARANT TO PROVIDE SECURITY, UTILITY OR MEDICAL SERVICES TO ANY OWNER, RESIDENT OR MEMBER - ALL OWNERS, RESIDENTS AND MEMBERS SHALL BE SOLELY RESPONSIBLE FOR THEIR OWN SAFETY AND WELFARE, AND SHOULD TAKE SUCH PRECAUTIONS AS THEY DEEM NECESSARY TO PROTECT PERSONS AND PROPERTY); �6. (d) Taxes, insurance and utilities (including, without limitation, electricity, gas, water, sewer and telephone charges) which pertain to the Common Properties; 16, (e) The services of any person or firm (including the Declarant and any affiliates of 1 the Declarant) to manage the Association or any separate portion, thereof, to the extent deemed advisable by the Board, and the services of such other personnel as the Board shall determine to be necessary or proper for the operation of the Association, whether such personnel are employed directly by the Board or by the manager of the Association. The Board is specifically authorized to hire and employ one or more managers, secretarial, clerical, staff and support employees; ' (f) Legal and accounting services and all costs and expenses reasonably incurred by the Architectural Review Committee; and (g) Any other materials, supplies, furniture, labor, services, maintenance, repairs, structural alterations, taxes or Assessments which the Board is required to obtain or pay for pursuant to the terms of this Declaration or which in its opinion shall be necessary or proper for the operation or protection of the Association or for the enforcement of this Declaration. The Board shall have the following additional rights, powers and duties: (h) To execute all declarations of ownership for tax assessment purposes with regard to any of the Common Properties owned by the Association; ■ (i) To enter into agreements or contracts with insurance companies, Taxing Authorities, the holders of first mortgage liens on the individual Lots and utility companies with respect to: (i) any taxes on the Common Properties; (ii) monthly escrow and impound payments by a mortgagee regarding the Assessment, collection and disbursement process envisioned by Article V below; (iii) utility installation, consumption and service matters; and (iv) the escrow or impounding of monies sufficient to timely pay the Annual Assessment applicable to any Lot (or any other Assessment authorized in this Declaration); Reserve.Ravenwood.Add.Dec➢.oLCov.Cond.&.Rest Page 13 Section 6. Declarant Powers. The Board shall have the right and obligation to perform the functions of the Board on behalf of the Association; however, in the event or if for any reason the Board is not deemed authorized to act for and on behalf of the Association and the Members, then the Declarant may exercise its power and authority under Article X, to act for and on behalf of the Association and the Members, and the Association shall reimburse the Declarant for any and all reasonable expenses incurred in so acting. Section 7. Maintenance Contracts. The Board, on behalf of the Association, shall have full power and authority to contract with any Owner, Member or Resident (including, without limitation, the Declarant) for performance, on behalf of the Association, of services which the Association is otherwise required to perform pursuant to the terms hereof, such contracts to be upon such terms and conditions and for such consideration as the Board may deem proper, advisable and in the best interests of the Association. Section S. Liability Limitations. Neither any Resident nor the directors and officers and managers of the Association shall be personally liable for debts contracted for or otherwise incurred by the Association or for any torts committed by or on behalf of the Association or for a tort of another Resident, whether such other Resident was acting on behalf of the Association or otherwise. Neither the Declarant, the Association, its directors, officers, managers, agents or employees shall be liable for any actual, incidental or consequential damages for failure to inspect any premises, improvements or portion thereof or for failure to repair or maintain the same. The Declarant, the Association or any other person, firm or corporation responsible for making such repairs or maintenance shall not be liable for any personal injury or other actual, incidental or consequential damages occasioned by any act or omission in the repair or maintenance of any premises, improvements or portion thereof. Section 9. Reserve Funds. The Board may establish reserve funds which may be maintained and/or accounted for separately from other funds maintained for annual operating expenses and may establish separate, irrevocable trust accounts or any other recognized bookkeeping or tax procedures in order to better demonstrate that the amounts deposited therein are capital contributions and not net or taxable income to the Association. Section 10. Record Production and Copying. Per Applicable Law, this Section constitutes the record production and copying policy of the Board. This Section of the Declaration is subject to amendment by the Board (or during the Development Period, by the Declarant), without the approval of the Owners or the Owner Class of Members. The record production and copying policy of the Board is as follows; (a). Request for Records. The Owner or the Owner's authorized representative requesting Association records must submit a written request by certified mail to the mailing address of the Association or authorized representative as reflected on the most current filed management certificate. The request must contain (i) sufficient detail to describe the books and records requested, and (ii) an election either to inspect the books and records before obtaining copies or to have the Association forward copies of the requested books and records. (b). Timeline for Record Production. (1). If Inspection Requested If an inspection is requested, the Association will Reserve. Ravenwood.Ad d.D ec1.of.Cov.Cond.&.Rest Page 15 (a). Contracts with terms of at Ieast one year: 4 years after expiration of contract; (b). Account records of current Owners: 5 years; (c). Minutes of Owner meetings and Board meetings: 7 years; (d). Tax returns and audits: 7 years; (e). Financial books and records (other than account records of current Owners): 7 years (f). Governing Documents: permanently. Records not listed above may be maintained or discarded in the Association's sole discretion. ARTICLE IV RIGHTS OF ENJOYMENT IN THE COMMON PROPERTIES Section 1. Easement. Subject to the provisions of Sections 2 through 7 of this Article IV, each and every Owner in good standing with the Association shall have a non- exclusive right and easement of enjoyment in and to all Common Properties, and such easement shall be appurtenant to and shall pass with every Lot, provided the conveyance and transfer is accomplished in accordance with this Declaration. All Residents in good standing with the Association shall have a non -transferable, non-exclusive privilege to use and enjoy all Common Properties for so long as they are Members in good standing with the Association. Section 2. Extent of Members' Easements. The rights and easements of use, recreation and enjoyment created hereby shall be subject to the following: (a) The right of the Declarant or Association to prescribe reasonable regulations and policies governing, and to charge reasonable expense reimbursements and/or deposits related to the use, operation and maintenance of the Common Properties; (b) Liens or mortgages placed against all or any portion of the Common Properties with respect to monies borrowed by the Declarant to develop and improve the Properties ' or Common Properties or by the Association to improve or maintain the Common Properties; ' (c) The right of the Association to enter into and execute contracts with any party (including, without limitation, the Declarant or its corporate affiliates) for the purpose of providing management, maintenance or such other materials or services consistent with the purposes of the Association and/or this Declaration; (d) The right of the Declarant or the Association to take such steps as are reasonably necessary to protect the Common Properties against foreclosure; (e) The right of the Declarant or the Association to enter into and execute contracts with the owner -operators of any community antenna television system ("CATV") or other similar operations for the purpose of extending cable or utility or security service on, over or under the Common Properties to ultimately provide service to one or more of the Lots; Reserve.Ravenwood.Add.Decl.of.Cov.Cond.&.Rest Page 17 Section 5. Notice and Voting Procedures. Quorum, notice and voting requirements of and pertaining to the Association may be set forth within the Articles and Bylaws, as either or both may be amended from time to time, and shall be in accordance with permitted Texas law. Section G. Rules of the Board. All Members shall abide by any rules and regulations adopted by the Board. The Board shall have the power to enforce compliance with said rules and regulations by all appropriate legal and equitable remedies, and a Member determined to have violated said rules and regulations shall be liable to the Association for all damages and costs, including reasonable attorneys' fees. Section 7. Use of Common Properties. The Board shall have the power and authority to prescribe rules and regulations which extend to and cover matters such as the possession and consumption of alcoholic beverages, loud and obnoxious noises and behavior, dress and attire and the supervision by attending adults of children. The Board may also prescribe rules and regulations which govern conduct for a particular portion of the Common Properties, such as a park or lake. The Association may, on its own motion, permit and allow town hall meetings, voting precincts, community garage sales and bazaars and other reasonable activities to occur on the Common Properties in accordance with rules and regulations deemed reasonable and appropriate by the Association. Section S. User Fees and Charges. The Board may levy and collect special charges and fees for any and all extraordinary operation and maintenance of the Common Properties and services which the Board determines to be necessary for the advancement, benefit and welfare of the Owners or Residents. Examples (by way of illustration, and not limitation) of these special charges and fees would include: post -party trash pick-up and removal; valet parking arrangements; extraordinary utility consumption; additional security personnel for parties or special events; management overtime services; and additional insurance conditions or requirements. If an Owner shall fail to pay a charge or fee when due and payable, said unpaid charge or fee shall be delinquent and upon written notice to said Owner shall become a personal debt of said Owner. Failure of any Owner to pay said fee and charge when due and payable, in addition, shall be a breach of these Covenants. Section 9. Title to Common Properties. Unless Declarant elects to dedicate or transfer all or any part of the Common Properties to any municipal corporation, public agency, governmental authority, or utility, Declarant may convey ownership of the Common Properties to the Association at such point as is deemed reasonable and appropriate by the Declarant and, thereafter, the Association shall be responsible for the operation and maintenance of the Common Properties. Further, Declarant shall have the right and option, at any time, to convey to the Association additional real property located within the Properties; and thereafter such additional property shall be deemed a part of the Common Properties for all purposes hereunder and the Association shall thereafter maintain the same for the benefit of all Owners. Section 10. Acceptance. By accepting an interest in or title to a Lot, each Owner is deemed (i) to accept the Common Properties, and any improvements thereon, in its then -existing "as is" condition; (ii) to acknowledge the authority of the Association for all decisions pertaining to the Common Properties; (iii) to acknowledge that transfer of title to all or any portion of the Common Properties by or through Declarant is a ministerial task that does not require acceptance by the Association; and (iv) to acknowledge the continuity of maintenance of the Common Properties, regardless of changes in the Association's Board of Directors or management. Reserve.Ravenwood.Add.Decl.of.Cov.Cond.&.Rest Page 19 pm� II designated by the City and County of Lubbock, Texas in connection with any zoning, subdivision, platting, building, development or occupancy requirements. The items and areas described above are not intended to be exhaustive but merely illustrative. The All annual Assessments must be fixed at a uniform rate for all Lots owned by Owner Class Members, unless otherwise approved by at least three -fourths of the individuals comprising the Board. [note: will Homebuilders be required to pay Annual Assessments? And if so, will they pay a discounted Assessment?] (b) Special Assessments. Special Assessments, if assessed, shall be for capital improvements or unusual or emergency matters, such Assessments to be fixed, established and collected from time to time in accordance with the Governing Documents. The Association may levy in any Fiscal Year a special Assessment, ' applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, unexpected repair or replacement of a capital improvement upon the Common Properties, including any necessary fixtures and personal property related thereto or for any unusual or emergency purpose(s) (including without limitation those matters arising out of litigation and/or judgments); provided that any such Assessment shall have the affirmative approval of at least three -fourths of the individuals comprising the Board. The special Assessments must be fixed at a uniform rate for all Lots owned by Owner Class Members, unless otherwise approved by at least three -fourths of the individuals comprising the Board. (c) Individual Assessments. Individual Assessments may be levied against ' individual Owners to reimburse the Association for extra or unusual costs incurred for items such as (but not limited to): maintenance and repairs to portions of the Properties caused by the willful or negligent acts of the individual Owner, Member or Resident; the �I remedy, cure or minimizing of problems caused by, or as a result of, violations of these Covenants by an Owner, Member or Resident; and individual Assessments and fines levied against an individual Owner, Member or Resident for violations of rules and regulations pertaining to the Association and/or the Common Properties. The annual Assessments, special Assessments, and individual Assessments, together with such late charges, interest and costs of collection thereof as are hereinafter provided, shall be a charge on the land and shall be a continuing lien upon each Lot against which each such Assessment is made and shall also be the continuing personal obligation of the then -existing Owner, Member and Resident of such Lot at the time when the Assessment fell due. Each Owner of each Lot shall be directly liable and responsible to the Association for the acts, conduct and omission of each and every Member and Resident associated with the Dwelling Unit(s) on such Owner's Lot. Section 2. Basis and Amount of Annual Assessments. Until and unless otherwise determined by the Board of Directors of the Association, the maximum initial annual Assessment will be Hundred and no/100 Dollars ($ .00) per Lot per year. If the Board of Directors of the Association determines that the initial annual Assessment is insufficient to meet the needs of the Association during the remainder of the Association's initial fiscal year, the Board of Directors may, by majority vote, increase the initial annual Assessment by not more than fifteen percent (15%) above the amount initially determined; and, the Board of Directors may increase the initial annual Assessment by more than fifteen percent (15%) above the amount initially determined, but only by a majority vote of the voting power of the Association. Rese►ve.Ravenwood.Add.Dedof Cov.CondA-Rest Page 21 (b) Written notice of the applicable Assessment shall be actually or constructively furnished to every Owner subject thereto in accordance with the procedures then determined by the Board as being reasonable and economical; and (e) The Board shall, upon reasonable demand, furnish to any Owner originally liable for said Assessment, a certificate in writing signed by an officer of the Association, setting forth whether said Assessment has been paid. Such certificate shall be conclusive evidence of payment of any Assessment therein stated to have been paid. A reasonable charge may be made by the Board for the issuance of such certificate. Section S. Effect of Non Payment of Assessment, the Personal Obligation of the Owner; the Lien; and Remedies of Association. (a) Effective as of, and from and after the filing and recordation of this Declaration, there shall exist a self-executing and continuing contract Payment and Performance Lien and equitable charge on each Lot to secure the full and timely payment of each and all Assessments and all other charges and monetary amounts and performance obligations due hereunder. Such lien shall be at all times superior to any claim of homestead by or in any Owner. If any Assessment, charge or fine or any part thereof is not paid on the date(s) when due, then the unpaid amount of such Assessment, charge or fine shall (after the passage of any stated grace period) be considered delinquent and shall, together with any late charge and interest thereon at the highest lawful rate of interest per annum and costs of collection thereof, become a continuing debt secured by the self-executing Payment and Performance Lien on the Lot of the non-paying Owner/Member/Resident which shall bind such Lot in the hands of the Owner and Owner's heirs, executors, administrators, devisees, personal representatives, successors and assigns. Except as expressly provided below in Article V, Section 6, the Association shall have the right to reject partial payments of an unpaid Assessment or other monetary obligation and demand the full payment thereof. The personal obligation of the then -existing Owner to pay such, however, shall remain the Owner's personal obligation and shall not pass to Owner's successors in title unless expressly assumed by them. However, the lien for unpaid Assessments shall be unaffected by any sale or assignment of a Lot and shall continue in full force and effect. No Owner may waive or otherwise escape liability for any Assessment provided herein by non-use of the Common Properties or abandonment of the Lot. No diminution or abatement of Assessments shall be claimed or allowed by reason of any alleged failure of the Association to take some action or to perform some function required to be taken or performed by the Association, or for inconvenience or discomfort arising from the making of improvements or repairs which are the responsibility of the Association, or from any action taken by the Association to comply with any law, ordinance, or with any order or directive of any municipal or other governmental authority, the obligation to pay such Assessments being a separate and independent covenant on the part of each Owner; (b) The Association may also give written notification to the holder(s) of any mortgage on the Lot of the non-paying Owner of such Owner's default in paying any Assessment, charge or fine, particularly where the Association has theretofore been furnished in writing with the correct name and address of the holder(s) of such mortgage, a reasonable supply of self-addressed postage prepaid envelopes, and a written request to Reserve. Ravenwood.Add.Dedof.Cov.Cond.&.Rest Page 23 0 every other provision of all agreements between any Owner and the Association and/or Declarant. Section 6. Alternative Payment Plans. Section 209.0062 of the Texas Property Code requires the Association to adopt reasonable guidelines to establish an alternative payment schedule by which an Owner may make partial payments to the Association for delinquent annual or special Assessments or any other amount owed to the Association, without accruing additional monetary penalties (which penalties do not include reasonable costs associated with administering the payment plan or interest). The initial alternative payment rules are set forth in this Article V, Section 6; however, the Board (or the Declarant during the Development Period) may, without the approval of the Owners or the Members, amend these rules at any time by filing in the Official Public Records of Lubbock County, Texas a revised alternative payment schedule, containing the revised rules, duly adopted at any meeting of the Board. This Article V, Section 6 controls over any provision in any other Governing Document to the contrary. The 4W initial alternative payment plan rules of the Association are as follows: (a). Eligibility for Payment Plan. (1). Standard payment plans. An Owner is eligible for a "Standard Payment Plan" [see, Section 6(b) below] only if (i). The Owner has not defaulted under a prior payment plan with the Association in the prior 24-month period; (ii). The Owner requests a payment plan no later than 30 days after the Association sends notice to the Owner via certified mail, return receipt requested under Texas Property Code Section 209.0064 (notifying the Owner of the amount due, providing 30 days for payment, and describing the options for curing the delinquency). Owner is responsible for confirming that the Association has received the Owner's request for a payment plan within this 30-day period. It is recommended that requests be in writing; and (iii). The Association receives the executed Standard Payment Plan and the first payment within 15 days of the Standard Payment Plan being sent via email, fax, mail, or hand -delivered to the Owner. (2). Other payment plans. An Owner who is not eligible for a Standard Payment Plan may still request that the Association's Board grant the Owner an alternate payment plan. Any such request must be directed to the person or entity currently handling the collection of the debt (i.e., the Association's Board, manager or Association's attorney). The decision to grant or deny an alternate payment plan, and the terms and conditions for any such plan, will be at the sole discretion of the Board. (b). Standard Payment Plans. The terms and conditions for a "Standard Payment Plan are: (1). Term. Standard Payment Plans are for a term of 6 months [see Section Reserve. Ravenwood.Add.Dedof.Cov.Cond.&Rest Page 25 proportionately to all amounts owed, in proportion to the amount owed relative to other amounts owed). (e). Board Discretion. The Association's Board may vary the obligations imposed on Owners under these rules on a case -by -case basis, including curtailing or lengthening the payment plan terms (so long as the plan is between 3 and 18 months), as it may deem appropriate and reasonable. The term length set forth in Section 6(b) shall be the default term length absent Board action setting a different term length. No such action shall be construed as a general abandonment or waiver of these rules, nor vest rights in any other Owner to receive a payment plan at variance with the requirements set forth in these rules. (f). Legal Compliance. These payment plan rules are intended to comply with the relevant requirements established under Texas Property Code Section 209. In case of ambiguity, uncertainty, or conflict, these rules shall be interpreted in a manner consistent with all such legal requirements. Section 7. Power of Sale. The lien described within Article V, Section 5 of this Declaration is and shall be a contract Payment and Performance Lien. Each Owner, for the purpose of better securing each and all monetary obligations described within these Covenants, and in consideration of the benefits received and to be received by virtue of the ownership of real estate within Reserve at Ravemvood, has granted, sold and conveyed and by these covenants does grant, sell and convey unto the Trustee, such Owner's Lot, to have and to hold such Lot, together with the rights, privileges and appurtenances thereto belonging unto the said Trustee, and to its substitutes or successors, forever. The initial Trustee is Scott W. Sharp, whose address is 1408-A Buddy Holly Ave., Lubbock, Lubbock County, Texas, 79401. And each Owner does hereby bind himself and/or herself, their heirs, executors, administrators and assigns to warrant and forever defend the Lot unto the said Trustee, its substitutes or successors and assigns, forever, against the claim, or claims of all persons claiming or to claim the same or any part thereof. This conveyance is made in trust to secure payment of each and all Assessments and other obligations prescribed by these Covenants to and for the benefit of the Association as the Beneficiary. In the event of default in the payment of any obligation hereby secured, in accordance with the terms thereof, then and in such event, Beneficiary may elect to declare the entire indebtedness hereby secured with all interest accrued thereon and all other sums hereby secured due and payable (subject, however, to the notice and cure provisions set forth in Sections 209.0091 and 51.002 of the Texas Property Code; and subject to the requirements set forth in Section 209.0092 of the Texas Property Code), and in the event of default in the payment of said indebtedness when due or declared due, it shall thereupon, or at any time thereafter, be the duty of the Trustee, or its successor or substitute as hereinafter provided, at the request of Beneficiary (which request is hereby conclusively presumed), to enforce this trust; and after advertising the time, place and terms of the sale of the Lot then subject to the lien hereof, and mailing and filing notices as required by Section 51.002, Texas Property Code, or Applicable Law, and otherwise complying with that statute and Applicable Law, the Trustee shall sell the Lot, then subject to the lien hereof, at public auction in accordance with such notices on the first Tuesday in any month between the hours of ten o'clock A.M. and four o'clock P.M., to the highest bidder for cash, selling all of the Lot as an entirety or in such parcels as the Trustee acting may elect, and make due conveyance to the purchaser or purchasers, with general warranty binding upon the Owner, Reserve.Ravenwood.Add.Dedof.Cov.Cond.&.Rest Page 27 .� W Section 8. Subordination of the Lien to Mortgages. The lien securing the payment of the Assessments and other obligations provided for herein shall be superior to any and all other charges, liens or encumbrances which may hereafter in any manner arise or be imposed upon any Lot whether arising from or imposed by judgment or decree or by any agreement, contract, mortgage or other instrument, except for: (a) bona -fide first mortgage or deed of trust liens for purchase money and/or home improvement purposes placed upon a Lot, in which event the Association's lien shall ' automatically become subordinate and inferior to such first lien; (b) liens for taxes or other public charges as are by applicable law made superior to ' the Association's lien; and (c) such other liens about which the Board may, in the exercise of its reasonable discretion, elect to voluntarily subordinate the Association's lien; provided however, such subordination shall apply only to: (i) the Assessments which have been due and payable prior to the foreclosure sale (whether public or private) of such Lot pursuant to the terms and conditions of any such first mortgage or deed of trust or tax lien; (ii) the permitted lien on the Lot alone and not on or to any easement appurtenant for use and enjoyment of the Common Properties or for such other uses as are provided in this Declaration. Such sale shall not relieve such Lot from liability for the amount of any Assessment thereafter becoming due nor from the lien of any such subsequent Assessment. Such subordination shall not apply where the first mortgage or deed of trust or tax lien is used as a device, scheme or artifice to evade the obligation to pay Assessments and/or to hinder the Association in performing its functions hereunder. Section 9. Exempt Property. The following property otherwise subject to this Declaration shall be exempted from any Assessments, charge and lien created herein: (a) All properties dedicated to and accepted by a local public or governmental authority; (b) Common Properties; and (c) Unimproved Lots owned by Declarant. ARTICLE Vl. INSURANCE; REPAIR; RESTORATION Section 1. Right to Purchase Insurance. The Association shall have the right to purchase, carry and maintain in force insurance covering any or all portions of the Common Properties, any improvements thereon or appurtenant thereto, for the interest of the Association, its Board of Directors, officers, managers, agents and employees, and of all Members of the Association, in such amounts and with such endorsements and coverage as shall be deemed appropriate by the Board. Such insurance may include, but need not be limited to: (a) Insurance against loss or damage by fire and hazards covered by a standard Reserve.Ravenwood.Add.Dedof.Cov.Cond.&.Rest Page 29 Owner, Resident, Member and Homebuilder deems necessary to protect and safeguard persons and property. ARTICLE VIL ARCHITECTURAL REVIEW Section 1. Purpose, and Architectural Control during Specified Periods. This Declaration creates rights to regulate the design, use and appearance of the Lots in order to preserve and enhance the value of the Property. During the Development Period, the Declarant reserves the right of architectural control. (a) Architectural Control During Development Period. During the Development Period, neither the Association, the Board, nor any committee appointed by the Board may involve itself with the approval of Dwelling Units or Improvements on Lots. During the Development Period, the Declarant shall be the sole member of the Architectural Review Committee ("ARC"); or, the Declarant may delegate such duties as provided below and in Article X. Each Owner, by accepting an interest in or title to a Lot, whether or not it is so expressed in the instrument of conveyance, covenants and agrees tthat Declarant has a substantial interest in ensuring that the Improvements within the Property enhance Declarant's reputation as a community developer and do not impair Declarant's ability to market the Property or the ability of Homebuilders to sell homes in the Property. Accordingly, each Owner agrees that during the Development Period, no Improvements will be commenced on an Owner's Lot without the prior written approval of Declarant, which approval may be granted or withheld at Declarant's sole discretion. In reviewing and acting on an application for approval, Declarant may act solely in its self-interest and owes no duty to any other person or organization. Declarant may designate one or more persons from time to time to act on its behalf in reviewing and responding to applications. During the Development Period, the Declarant may from time to time, but is not obligated to, delegate all or a portion of its reserved rights under this Article (and Article X) to (i) a modifications or architectural committee appointed by Declarant or the Board; (ii) a modifications or architectural committee elected by the Owners; or (iii) a committee comprised of architects, engineers or other persons who may or may not be Members of the Association. Any such delegation is subject to the unilateral right of the Declarant to revoke such delegation at any time and reassume jurisdiction over the matters previously delegated. References in this Declaration to the ARC shall refer to Declarant, when Declarant is acting as the sole member of the ARC during the Development Period. (b). Architectural Control by Association. On termination or expiration of the Development Period, or earlier if delegated in writing by Declarant (which writing must be recorded in the Official Public Records of Lubbock County, Texas), the Association, acting through the ARC, will assume jurisdiction over architectural control. The ARC will consist of at least three but not more than five persons appointed by the Board, pursuant to the Bylaws. Members of the ARC will serve at the pleasure of the Board and may be removed and replaced at the Board's discretion. At the Board's option, the Board may act as the ARC, in which case all references in the Governing Documents to the ARC are construed to mean the Board. Members of the ARC need not be Owners or Residents and may but need not be architects, engineers, and design professionals whose compensation, if any, may be established from time to time by the Board. IReserve. Ravenwood.Add.Dedof.Cov.Cond.&.Rest Page 31 connection with the applicant's observance and compliance of the construction standards set forth in this Declaration, the Design Guidelines, and any bulletins or lot information sheets promulgated thereunder. However, the mere fact that the City of Lubbock issues a building permit with respect to a proposed structure does not automatically mean that the ARC is obliged to unconditionally approve the Plans. Similarly, the ARC's approval of any Plans does not mean that all applicable building requirements of the City of Lubbock or County of Lubbock have been satisfied. Section 3. Design Guidelines. The ARC may, from time to time, publish and promulgate additional or revised Design Guidelines, and such Design Guidelines shall be explanatory and illustrative of the general intent of the proposed development of the Properties and are intended as a guide to assist the ARC in reviewing plans and specifications. PRIOR TO ACQUIRING ANY INTEREST IN A LOT, EACH PROSPECTIVE PURCHASER, TRANSFEREE, MORTGAGEE AND OWNER OF ANY LOT IN THE SUBDIVISION IS STRONGLY ENCOURAGED TO CONTACT THE DECLARANT OR ASSOCIATION OR THE ARC TO OBTAIN AND REVIEW THE MOST RECENT DESIGN GUIDELINES WHICH WILL CONTROL THE DEVELOPMENT, CONSTRUCTION AND USE OF THE LOT. Section 4. Plan Submission and Approval. Within ten (10) business days ("business days" being days other than Saturday, Sunday or legal holidays) following its receipt of the Plans, the ARC shall advise the submitting Owner whether or not the Plans are approved. If the ARC (or the Declarant) shall fail to approve or disapprove the Plans in writing within said ten-day period, it shall be conclusively presumed that the ARC has approved the Plans. Plans shall not be deemed to have been received by the ARC until the Plans are received and a written receipt is signed by the ARC (during the Development Period, when the Declarant is serving as the ARC, the written receipt must be signed by Declarant). If the Plans are not sufficiently complete or are otherwise inadequate, the ARC may reject them as being inadequate or may approve or disapprove certain portions of the same, whether conditionally or unconditionally. The ARC shall not approve any Plans unless it deems that the construction, alterations or additions contemplated thereby in the locations indicated will not be detrimental to the appearance of the surrounding Lots, that the appearance of any structures affected thereby will be in harmony with surrounding structures and that the construction thereof will not detract from the beauty, wholesomeness and attractiveness of the Reserve at Ravemvood or the enjoyment thereof by the Owners. Approval shall be based, among other things, on adequacy of site dimensions, structural design, proximity with and relation to existing neighboring structures and sites, as well as proposed and future neighboring structures and sites, relation of finished grades and elevations and elevations to existing neighboring site and conformity to both specific and general intent of the terms of this Declaration. The ARC may adopt rules or guidelines setting forth procedures for the submission of Plans and may require a reasonable fee to accompany each application for approval in order to defray the costs of having the Plans reviewed. The ARC may require such details in Plans submitted for its review as it deems proper, including, without limitation, floor plans, site plans, drainage plans, elevation drawings and descriptions or samples of exterior materials and colors. Until receipt by the ARC of the Plans and any other information or materials requested by the ARC, the ARC shall not be deemed to have received such Plans or be obligated to review the same. Reserve.Ravenwood.Add.Decl.of.Cov.Cond.&.Rest Page 33 execution. Such variances may be recorded. If such variances are granted, no violation of any of the provisions contained in this Declaration shall be deemed to have occurred with respect to the matter for which the variance was granted. The granting of such a variance shall not operate to waive any of the terms and provisions of this Declaration for any purpose except as to the particular Lot and particular provisions hereof covered by the variance, nor shall it affect in any way the Owner's obligation to comply with all governmental laws and regulations affecting the use of the Lot. ARTICLE VIII. USE OF LOTS IN THE PROPERTY, PROTECTIVE COVENANTS The Property (and each Lot situated therein) shall be constructed, developed, occupied and used in accordance with the covenants, conditions and restrictions contained in this Article VIII. As used in this Article VIII, the following words shall be deemed to have the following meanings: (i) "rear yard" shall mean that portion of a Lot existing from the rear of the Dwelling Unit located thereon to the rear property line, and from side property line to side property line; (ii) "front yard" shall mean that portion of a Lot existing from the front of the Dwelling Unit located thereon to the front property line, and from side property line to side property line; and (iii) "side yard" shall mean that portion of a Lot existing between the front and rear of the Dwelling Unit located thereon, and from the side of such Dwelling Unit to the side property line. Section 1. Residential Use of Lots. All Lots within the Property (but not the Commercial Property) shall be used, known and described as residential Lots unless otherwise indicated on the plat of the Property. Lots shall not be further subdivided and except for the powers and privileges herein reserved by the Declarant, the boundaries between Lots shall not be relocated without the prior express written consent of the ARC. No building or Structures shall be erected, altered, placed or permitted to remain on any residential Lot other than one (1) single- family Dwelling Unit and unless otherwise prohibited by this Declaration, its customary and usual accessory Structures and Accessory Buildings (as "Accessory Buildings" is hereinafter defined). No Dwelling Unit, garage or other Structure appurtenant thereto, shall be moved upon any Lot from another location. No building or Structure intended for or adapted to business or commercial purposes shall be erected, placed, permitted or maintained on such premises, or any part thereof, save and except those related to development, construction and sales purposes of a Homebuilder or the Declarant. No Owner or Resident shall conduct, transmit, permit or allow any type or kind of home business or home profession or hobby on any Lot or within any Dwelling Unit or Accessory Building which would: (i) attract automobile, vehicular or pedestrian traffic to the Lot; (ii) involve lights, sounds, smells, visual effects, pollution and the like which would adversely affect the peace and tranquility of any one or more of the Residents within the Property. A Resident may use a Dwelling Unit for business uses, such as telecommuting, personal business, and professional pursuits, provided that: (w) the uses are incidental to the primary use of the Dwelling Unit as a residence; (x) the uses conform to Reserve.Ravenwood.Add.Decl.of.Cov.Cond.&. Rest M Page 35 interpreted to be as restrictive as possible while not violating the Act. Nothing within this Declaration shall prohibit an Owner from displaying (i) the flag of the United States of America; (ii) the flag of the State of Texas; or (iii) an official or replica flag of any branch of the United States armed forces. The flag of the United States shall be displayed in accordance with 4 U.S.C., Sections 5 through 10, and the flag of Texas shall be displayed in accordance with Chapter 3100, Texas Government Code. The location and design of any proposed flagpole must be approved by the ARC, and no flagpole will be approved that is taller than twenty (20) feet above the ground. Further, no more than three (3) flagpoles will be installed on a Lot at any one time. All flags will be maintained in good condition, and any deteriorated flag or deteriorated or structurally unsafe flagpole will be promptly repaired, replaced or removed. The size of each flag must be in proportion to the height of the pole from which it is displayed, and no flag shall be larger than three feet by five feet for a twenty foot pole. The flagpole shall have an appropriate devise to abate noise from any external halyard. If the flagpole is illuminated, the illumination must be of intensity, wattage or lumen count that does not cause an annoyance to adjacent Lots or other Owners, and the ARC must first approve all such illumination. Except for the flags herein permitted, no other types of flags, pennants, banners, kites or similar types of displays are permitted on a Lot, if the display is visible from the street or an adjacent Lot. The Association may adopt additional rules and regulations regarding the illumination, location and installation of flagpoles and the display of flags. OPTIONAL PROVISION REGARDING WIND GENERATOR: [A single wind generator or other devise designed to convert wind to usable wind energy may be installed and maintained on any Lot improved with a Dwelling Unit, provided it (i) is on a portion of a Lot, Dwelling Unit, or roof that is not street - facing; (ii) is not clearly visible from a street or another Lot; (iii) is not mounted on a pole; (iv) it is not taller than the highest point on the roof of the Dwelling Unit; and (v) it is no larger in size than one yard (3 feet) in diameter] (g) Oil Drilling Operations. No oil drilling, oil development operation, oil refining, or quarrying or mining operations of any kind shall be permitted on or in any Lot, nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted on or in any Lot. No derrick or other structure designed for use of boring for oil and/or natural gas shall be erected, maintained or permitted on any Lot. (h) Signs. No sign of any kind shall be displayed to the public view on any Lot, except one professional sign of not more than five (5) square feet advertising the property for sale, or a sign used by Declarant or a Homebuilder to advertise the building of Improvements on such property during the construction and sales period. In accordance with Applicable Law, an Owner may display one ground -mounted sign for each political candidate or ballot item for an election, provided that the sign shall be installed no earlier than ninety (90) days before the election and removed not later than ten (10) days after the election: and, no sign will be allowed or permitted that: (i) contains roofing material, siding, paving materials, flora, one or more balloons or lights, or any other similar building, landscaping, or nonstandard decorative component; (ii) is attached in any way to plant material, a traffic control devise, a light, a trailer, a vehicle, or any other existing structure or object; (iii) includes the painting of architectural surfaces; (iv) threatens the public health or safety; (v) is larger than four feet by six feet; (vi) violates the law; (vii) contains language, graphics, or any display that would be offensive to the ordinary person; or (viii) is accompanied by music or sounds or by streamers or is otherwise Reserve. Ravenwo od.Add. Dedo f. Cov.Cond.&.Rest Page 37 (i) threaten the public health or safety; (ii) violate a law; (iii) are located on property owned by the Association; (iv) are located in an area on the Owner's Lot other than: (a) on the roof of the Dwelling Unit (or of another Structure on the Owner's Lot allowed under the Association's Governing Documents; or (b) in a fenced rear yard or patio in the rear yard owned and maintained by Owner on the Owner's Lot; (v) are installed in a manner that voids material warranties; (vi) are installed without prior approval of the ARC; or (vii) substantially interfere with the use and enjoyment of land by causing unreasonable discomfort or annoyance to persons of ordinary sensibilities. If a Solar Energy Device is mounted on the roof of a Dwelling Unit, it must: (i) extend no higher or beyond the roofline; (ii) be located only on the back of the Dwelling Unit — being the side of the roof opposite the street (the ARC may grant a variance in accordance with this Declaration if an alternate location is substantially more efficient and/ or less visible); (iii) conform to the slope of the roof, and have all top edges parallel to the roofline; and (iv) not have a frame, a support bracket, or visible piping or wiring that is any color other than silver, bronze, or black tone, commonly available in the marketplace. If the Solar Energy Device is located in a fenced rear yard or patio, it may not be taller than the fence line. Any solar shingles must be designed primarily to (i) be wind and hail resistant; (ii) provide heating/ cooling efficiencies greater than those provided by customary composite shingles; or provide solar generation capabilities. In addition, solar shingles, when installed, must (i) resemble the shingles used or otherwise authorized for use on Lots in the Property; (ii) be as durable and of equal or superior ' quality to the shingles used or otherwise authorized for use on Lots in the Property; and (iii) match the aesthetics of the Dwelling Units surrounding the Owner's Dwelling Unit. (k). Rain Barrel or Rainwater Harvesting Systems. Rain barrel or rainwater harvesting systems shall be located only in the rear yard of the Lot and shall be screened from view of all streets and other Lots, as approved by the ARC. Exceptions may be approved by the ARC only if the rain barrel or rainwater harvesting system is compatible in color, style and materials with the architecture of the Dwelling Unit and only if the rain barrel or rainwater harvesting system is not visible from the street or other Lots. Section 2. Minimum Floor Space. Each one (1) story dwelling and each one -and - one half (1.5) and two (2) story dwelling constructed on any Lot shall contain such minimum square feet of air-conditioned floor area (exclusive of all porches, garages or breezeways attached to the main dwelling) as may be specified by the Design Guidelines and/or the ARC for the first and/or second stories and/or the total; however, in no event shall any Dwelling Unit have less than 3,000 square feet of air conditioned floor area. No Structure will be in excess of two (2) stories (however, a Dwelling Unit may have a basement and two above -ground stories). Section 3. Garages; Parking. Each single-family Dwelling Unit erected on any Lot shall provide garage space for a minimum of two (2) conventional automobiles, unless otherwise specifically approved by the ARC (or the Declarant during the Development Period). Each Owner and Resident shall use their respective best efforts to park and store their automobiles Reserve. Ravenwood.Add.Ded.of.Cov.CondA&Rest Page 39 1h [add setback requirements for garden homes, and language for overhang easements] *THE SETBACKS WILL NEED TO BE ADJUSTED AS DETERMINED BY RUSSELL/ ELLIOTT. FURTHER CONSIDERATION OF THESE NUMBERS IS REQUIRED. The following Structures are expressly excluded from the setback restrictions: (i) Structures below and covered by the ground; (ii) steps, walks, below ground -level swimming pools, uncovered patios, driveways and curbing; (iii) landscaping as approved by the ARC pursuant to Article VII hereof; (iv) planters, walls, fences or hedges, not to exceed 7 feet in height, and which comply with the restrictions set forth in this Declaration; (v) any other Structures exempted from the setback restrictions by the ARC on a case -by -case basis and as provided in Article VII hereof In no event shall the ARC exempt from the side setback restrictions, any Accessory Buildings. In addition to the setback requirements stated above in this Section 4, and except as otherwise expressly provided in this Declaration, no Structure shall be placed within any setback requirement imposed by the City of Lubbock, Texas. Section 5. Fences*. Any fence to be constructed on a Lot must conform to the following requirements: (a). Except as hereinafter provided, a perimeter fence may, but is not required, to be constructed on each Lot. If a perimeter fence is to be constructed, it must be constructed (i) across the rear property line of each Lot and (ii) along the side of each Lot from the rear fence corner to a point which is not behind the rear building line of the Dwelling Unit on the Lot nor in front of the front building line of such Dwelling Unit. A perimeter fence shall be required on those Lots that have rear yards adjacent to a street, as follows: • On Lots 7 and 8, a fence shall be required along the property line adjacent to Orlando Avenue; • On Lot 12, a fence shall be required along the property line of the rear yard adjacent to Orlando Avenue; • On Lots 9, 10, 11, 42, 43 and 44, a fence shall be required along the property line adjacent to 105t' Street (and on Lot 44, along the boundary line of the rear yard adjacent to Orlando Avenue); • On Lots, 1, 45 and 58, a fence shall be required along the property line of the rear yard adjacent to 105c' Street; • On Lots 19, 20, 32 and 33, a fence shall be required along the property line of the rear yard adjacent to Norfolk Avenue. Perimeter fences shall also be required along the rear property line (the western most boundary line) of Lots 1, 2 and 53 through 58 [my plat may not have the correct numbers for the garden home lots on the western boundary — modify as necessary]. All perimeter fences located on a Lot in a manner in which the fence abuts or faces a street (as described above) shall be constructed of brick, stone, masonry, or flat -top cedar or redwood pickets (provided that any fence constructed of flat -top cedar or redwood pickets shall incorporate brick columns spaced not more than ten (10) feet apart on Reserve.Ravenwood.Add.Decl.of.Cov.Cond.&.Rest Page 41 and brick veneer, natural stone and stone veneer, glass block or brick, and stucco. Any exposed exterior area not covered by brick, stone or approved masonry materials must be covered by wood or siding (metal or synthetic) having the appearance of wood, or stucco and as approved by the ARC. The ARC is specifically authorized to require a continuous uniform surface with respect to all Structures which directly face the street or county road or another Lot. (b) Roofing Design, Materials and Pitch: Flat roofs, mansard roofs and other "exotic" roof forms shall not be permitted. All roofing materials utilized on any Structure on a Lot must be approved by the ARC. The ARC will not approve of a roof of crushed stone, marble or gravel, it being intended that each roof shall be constructed only of metal, composition or wood shingles (provided that any composition shingles must be at least 300-pound shingles), tile, slate, copper or other materials approved by the ARC taking into account harmony, conformity, color, appearance, quality and similar considerations. Functional roof -affixed appurtenances, such as exposed flashing, plumbing stacks, roof vents, and downspouts, must be painted to match, blend with or complement the color of adjacent materials. Decorative roof accessories, such as weathervanes, shall be permitted, subject to approval of the ARC. The roof pitches and ratios for the Dwelling Unit and attached garage portions of the house will be approved by the ARC on a case -by -case basis. (c) Chimneys: All fireplace chimneys shall be constructed of the same brick, stone, or masonry material, as appropriate, used for the Dwelling Unit. (d) Garages: In addition to meeting the requirements stated in Article VI1I, Section 3, all garages shall be given the same architectural treatment as the Dwelling Unit located on such Lot. All garage doors shall remain closed when not in use. The interior walls of all garages must be finished (taped, floated and painted as a minimum). No garage shall be enclosed for living area or utilized for any other purpose than storage of automobiles and related normal uses. (e) Exterior Lighting: No exterior light shall be installed or situated such that neighboring Lots are unreasonably lighted by the same. All freestanding exterior lights located between the property lines and the Dwelling Unit shall be architecturally compatible with the Dwelling Unit, and shall be approved by the ARC. (f) Driveways: Driveways shall be a minimum of 12-feet wide. The driveway shall be constructed of concrete, or other material as may be approved by the ARC. Any concrete or other material utilized must have a minimum strength of 2500 psi with steel reinforcing. No driveway gates will be allowed without the prior approval of the ARC. (g) Window Units: No Structure shall utilize window mounted or wall -type air conditioners or heaters. (h) Skylights; Solar Installations: Skylights shall be permitted on the roof of a Dwelling Unit, subject to approval by the ARC. No other equipment, including without limitation, heating or air conditioning wets, solar panels, solar collection units, satellite dishes, and antennas, shall be located on the roof of any Dwelling Unit or Structure, unless the same are concealed from view from adjoining Lots and public streets, and do Reserve. Ravenwood.Add.Deci.o[Cov.Cond.&.Rest Page 43 children's playhouses, barns and storage sheds (such approved Structures and Improvements other than the Dwelling Unit being hereafter referred to as "Accessory Buildings"), In no event will the ARC approve an Accessory Building that is not of new construction and material. All Accessory Buildings will be subject to the conditions stated in this paragraph. If an Accessory Building is constructed in violation of this Section, the ARC reserves the right to determinc that the Accessory Building is unattractive or inappropriate or otherwise unsuitable for the Property, and may require the Owner to screen, modify, or remove it. The following conditions apply to permitted Accessory Buildings: (i). All Accessory Buildings shall be constructed with exteriors of the same materials as are used on the main Dwelling Unit on each Lot or of other masonry material or of metal with a factory applied non -reflective painted finish. Special purpose structures such as green houses may vary from these requirements, subject to an architectural review variance, as provided in this Declaration. Accessory Buildings will be visually harmonious with the Dwelling Unit, such as matching or complementing dominant colors, construction details and roof pitch. (ii) The ARC must approve the location of the Accessory Building on the Lot. The Accessory Building will be located on the Lot, to the extent possible, which is least visible from adjacent and neighboring Lots. The ARC may condition the approval of an Accessory Building upon the Owner's installation of landscaping or other screening devices that will limit the visibility of the Accessory Building from other Lots or streets. (iii). No Accessory Building may used as a dwelling, and may not be leased to others for any purpose. (iv). [ADD REQUIREMENTS AS DESIRED FOR PRE - MANUFACTURED SHEDS, SUCH AS SIZE RESTRICTIONS (HEIGHT, SQUARE FOOTAGE, ETC] (v). The Declarant reserves the right to erect, place, maintain, and to permit Homebuilders to erect, place and maintain such facilities in and upon any Lot as in its discretion may be necessary or convenient during the period of or in connection with the improvement and/or sale of any Lots. (o). Basketball Goals. Permanent basketball goals must be approved by the ARC. Basketball goals will be approved only when (i) the backboard is constructed of clear material; (ii) the pole is permanently mounted to the side of the driveway in a full upright position, and in a manner that is concealed to the greatest extent possible from other Lots. The basketball pole, backboard and net must be maintained in good condition at all times. Portable basketball goals will only be located to the side of the driveway, as approved by the ARC, and will not be utilized or located on any other portion of the Lot without the consent of the ARC. (p). Patio Covers (Including Pergolas, Loggias, and Screened -in Porches). Exterior alterations to the Dwelling Unit such as screened -in porches, patio covers, pergolas and loggias must be approved by the ARC, and must be professionally designed, Reserve.Ravenwood.Add. Decl.of.Cov.Cond. &.Rest Page 45 be permitted, other than for street lights or as otherwise permitted herein, and no wires or transmission lines to or from such street lights shall exist above the ground. Section 10. Trash Containers. Except for those Lots hereafter described, all dumpsters and other trash containers shall be located in the alley at the rear of each Lot. Lots 8 through 11, and 20 through 44 are not adjacent to an alley at which trash service will be available, and thus trash containers for those Lots will be designed for front yard pick-up ("Special Garbage Handling"). For those Lots receiving Special Garbage Handling, trash containers will be provided by the City of Lubbock, Texas, and the Owners of the Lots receiving Special Garbage Handling service will follow all rules and regulations established by the City of Lubbock, Texas for the pick-up of trash and debris. The trash containers utilized on Lots receiving Special Garbage Handling will not be placed in the front yard for pick-up earlier than 6:00 o'clock P.M. of the day prior to the day scheduled for the garbage pick-up service, and such containers must be removed from the front yard prior to nightfall of the day of the garbage pick- up service. At all other times, trash containers for Lots receiving Special Garbage Handling will be stored in the garage or otherwise screened from view of the street and other Lots. Declarant and the Association reserve right to place dumpsters and other trash containers within any alley or on the Common Properties. All trash and debris shall be disposed of in proper containers, and at no time shall an Owner allow trash or debris to remain on a Lot, or in an alley. Section 11. General (a) Construction Debris: During the construction or installation of any Improvement or Structure on any Lot, construction debris shall be removed from the Lot on a regular basis and the Lot shall be kept as clean as possible, Construction debris shall not be dumped or disposed on any portion of the Property, and each Owner will be responsible for ensuring that his contractor removes all trash and debris from the Property. Concrete contractors will not be permitted to washout concrete on the Property. (b) Stoppage of Construction: Once commenced, construction shall be diligently pursued to the end that it will be completed within 18 months from the date commenced. For purposes of this instrument, construction shall be deemed to be commence on the fR earlier of (i) the date on which any governmental authority shall issue any building permit or other permission, consent or authorization required in connection with such construction, or (ii) the date on which excavation or other work for the construction of the footings and/or foundation of any Improvements or Structures shall begin. (c). Portable Sanitary Systems. For use by workers during construction of the Dwelling Unit on any Lot, Owner must provide a portable sanitary system, located at the rear of the Lot (or away from traffic on Lots that have a rear boundary line on a street). The sanitary system will be timely serviced to prevent odors. Section 12. Easements; Utilities. Easements for the installation and maintenance of utilities and drainage facilities are reserved in this Declaration and as shown on the recorded Property plat. Utility service may be installed along or near the front and/or side and/or rear Lot lines and each Lot Owner shall have the task and responsibility of determining the specific location of all such utilities. Except as may be otherwise permitted by the ARC (e.g. fencing, flatwork, landscaping, etc.), no Owner shall erect, construct or permit any obstructions or permanent Improvements or Structures of any type or kind to exist within any easement area, nor Reserve.Ravenwood.Add.Decl.oECov.Cond.&Rest Page 47 1 Each Owner of any Lot shall have the responsibility, at his or her sole cost and expense, to keep all areas located between the boundaries of such Lot and the paved portion of any streets or roads on which such Lot borders in a well maintained, safe, clean and attractive condition. The Association and its agents shall have the right (after 5 days written notice to the Owner of any Lot involved, setting forth the specific violation or breach of this covenant and the action required to be taken, and if at the end of such time reasonable steps to accomplish such action have not been taken by the Owner), to enter on the subject premises (without any liability whatsoever for damages for wrongful entry, trespass or otherwise to any person or entity) and to take the action(s) specified in the notice to remedy or abate said violation(s) or breach(es). The cost of such remedy or abatement will be paid to the Association upon demand as an individual Assessment against the Owner, and if not paid within thirty (30) days thereof, will become a lien upon the Lot affected. The Association, or its agent, shall further have the right (upon like notice and conditions), to trim or prune, at the expense of the Owner, any hedge, tree or any other planting that, in the written opinion of the Association, by reason of its location on the Lot, or the height, or the manner in which it is permitted to grow, is detrimental to the adjoining Lots, is dangerous or is unattractive in appearance, and the costs incurred by the Association shall be immediately reimbursed to the Association by the Owner upon demand. The lien provided under this Section will constitute a lien against the violating Owner's Lot with the same force and effect as the Payment and Performance Lien for Assessments as set forth in this Declaration. ARTICLE IX. EASEMENTS; UTILITY SERVICES Section 1. Utility Easement. A Non-exclusive easement for installation, maintenance, repair and removal of utilities and drainage facilities over, under and across an area five foot (5') wide around the perimeter of each Lot is reserved by Declarant for itself and all utility and CATV companies and their respective successors and assigns, serving the Property and no Improvement or Structure shall be constructed or placed thereon without the express prior written consent of the ARC. Full rights of ingress and egress shall be had by Declarant and all utility and CATV companies serving the Property, and their respective successors and assigns, at all times over the Property for the installation, operation, maintenance, repair or removal of any utility together with the right to remove any obstruction (excluding, however, any driveway, fence or other Improvement or Structure which has been theretofore specifically approved by the ARC) that may be placed in such easement that would constitute interference with the use of such easement, or with the use, maintenance, operation or installation of such utility. However, should any Lot be designated on a plat as a Garden Home Lot (as "Garden Home Lot" is defined in Article VIH, Section 4 of this Declaration) then the easement provided in this Section shall be waived or modified to accommodate the requirements for construction on the Garden Home Lot, and additional easements (e.g., eave overhang easements) will be provided on either the plat of the Garden Home Lot or in amendments or supplements to this Declaration. Section 2. Ingress, Egress and Maintenance by ARC. Full rights of ingress and egress shall be had by the ARC at all times over and upon the front, rear and side setback areas applicable to each Lot for the carrying out by the ARC of its functions, duties and obligations hereunder; provided, however, that any such entry by the ARC upon any Lot shall be made with as little inconvenience to the Owner as practical, and any damage caused thereby shall be Reserve. Ravenwood.Add.Dedof.Cov.Cond.&.Rest Page 49 (c) Officers and Directors. During the Declarant Control Period, the Board may consist of three (3) persons. During the Declarant Control Period, Declarant may unilaterally appoint, remove, and replace any officer or director of the Association, none of whom need be Members or Owners. Declarant's unilateral right to remove and replace officers and directors applies to officers and directors who were elected or designated by Owners or by Lot Owners, as well as to Declarant's appointees. (d) Weighted Votes. During the Declarant Control Period, the vote appurtenant to each Lot owned by Declarant is weighted five (5) times that of the vote appurtenant to the Lot owned by another Owner. In other words, during the Declarant Control Period, Declarant may cast the equivalent of 5 votes for each Lot owned by Declarant on any issue before the Association. On termination of the Declarant Control Period and thereafter the vote appurtenant to Declarant's Lots is weighted uniformly with all other votes. (e) Association Meetings. During the Declarant Control Period, meetings of the Association may be held at a location, date and time that is convenient to Declarant, whether or not it is mutually convenient for the Owners. (f) Transition Meeting. Within sixty (60) days after the end of the Declarant Control Period or sooner at the Declarant's option, Declarant will call a transition meeting of the Members of the Association for the purpose of electing by vote of the Owners, directors to the Board. Written notice of the transition meeting must be given to an Owner of each Lot at least 10 days before the meeting. For the transition meeting, Owners of 10% of the Lots, constitute a quorum. The directors elected at the transition meeting will serve until the next annual meeting of the Association or special meeting of the Association called for the purpose of electing directors at which time the staggering of terms will begin. Section 4. Declarant Control Period Reservations: Financial. Declarant reserves the following additional powers, rights and duties during the Declarant Control Period: (a) Association Budget. During the Declarant Control Period, the Declarant - appointed Board will establish a projected Budget for the Properties of fully developed, fully phased, fully constructed, and fully occupied residential community with a level of services and maintenance that is typical for similar types of developments in the general area of the Property, using cost estimates that are current for the period in which the budget is prepared. The Association budget may not include enhancements voluntarily provided by Declarant or Homebuilders to facilitate the marketing of new homes in the Property. During the Declarant Control Period, the budget is not a warranty or representation by Declarant or by the Association that the Association will annually incur or fund every category of expense that is shown on the budget, or that the relative size of an expense category will be achieved. Neither the Association nor any Owner has a right or expectation of being reimbursed by the Declarant or by the Association for a budgeted line item that was not realized, or that was not realized at the budgeted level. Notwithstanding the foregoing, and to the extent not prohibited by Applicable Law, during the Declarant Control Period the Declarant reserves the right to unilaterally increase the annual Assessment or make any special Assessment without approval of the Board, the Owners or any other person, if Declarant determines that such increases are Reserve.Ravenwood.Add.Decl.of.Cov.Cond.&.Rest Page 51 Declarant in its sole discretion determines to be inappropriate or inadvisable for any reason. (d) Amendment. During the Development Period, Declarant may amend and/or restate this Declaration and other Governing Documents, unilaterally, for any purpose including without limitation the following purposes: a. To add real property to the Property. b. To withdraw real property from the Property. C. To create lots, easements, and common areas within the Property. d. To subdivide, combine, or reconfigure lots. e. To convert lots into common areas. f. To allocate the use of certain common areas to specified lots as limited common areas. g. To modify - even to increase - Declarant's rights and reservations. h. To change or modify any aspect of the building specifications stated in Article VIII of this Declaration and to add provisions to Article VIII to address changes, improvements and innovations in building and construction materials and designs. i. To merge the Association with another property owners association. j. To resolve conflicts, clarify ambiguities, and to correct misstatements, errors, or omissions in the Governing Documents. k. To qualify the Property or the Association for mortgage underwriting, tax exemption, insurance coverage, and any public or quasi -public program or benefit. 1. To enable a reputable company to issue title insurance coverage on the lots. in. To change the name or entity of Declarant. D. To change the name of the addition in which the Property is located. o. To change the name of the Association. P. For any other purpose not prohibited by Applicable Law. (e) Completion. During the Development Period, Declarant has (1) the right to complete or make improvements indicated on the plat; (2) the right to sell or lease any Lot or unplatted tract of land owned by Declarant; and (3) an easement and right to erect, construct, and maintain on and in the common area and Lots and unplatted tracts of land owned or leased by Declarant whatever Declarant determines to be necessary or advisable in connection with the construction, completion, management, maintenance, leasing, and marketing of the Property, including, without limitation, parking areas, temporary buildings, temporary fencing, portable toilets, storage areas, dumpsters, trailers, and commercial vehicles of every type. (f) Easement to Inspect & Right to Correct. During the Development Period, Declarant reserves for itself and Homebuilders, and their respective architects, engineers, other design professionals, materials manufacturers, and general contractors, the right, but not the duty, to inspect, monitor, test, redesign, correct, relocate, and replace any Structure, Improvement, material, or condition that may exist on any portion of the Property, including the Lots, and a perpetual nonexclusive easement of access throughout the Property to the extent reasonably necessary to exercise this right. Declarant or Reserve.Ravenwood.Add.Deci.of.Cov.Cond.&.Rest Page 53 (a) Changes in Development Plan. Declarant may modify the initial development plan to respond to perceived or actual changes and opportunities in the marketplace. Subject to approval by (1) a governmental entity, if applicable, and (2) the owner of the land or Lots to which the change would directly apply (if other than Declarant), Declarant may (a) change the sizes, dimensions, and configurations of Lots and streets; (b) change the minimum floor space requirements for Dwelling Units; (c) change the building setback requirements; and (d) eliminate or modify any other feature of the Property. (b) Change of Architectural Styles. Declarant reserves the right to periodically change the types of architectural styles, building materials, and elevations that are eligible for approval by the Architectural Control Committee. On the date of this Declaration, Declarant does not contemplate that the Property will have a single uniform architectural style. (c) Change of Construction Specifications. Declarant has the right to establish specifications for the construction of all initial improvements in the Property, to establish different specifications of or each phase of the Property, and to grant variances or waivers from community -wide standards to certain phases of the Property. (d) Change of Community Features. The initial plans for use and development of the Property may change in response to a number of circumstances, influences, and opportunities that may not be apparent or applicable at the inception of the development. An Owner who acquires a Lot while the Property is being developed is hereby given notice that a Common Properties improvement or feature that is not installed at the time an Owner contracts is subject to change. Representations given to a prospective purchaser about a proposed Common Property or community feature are based on a development plan that makes assumptions that are subject to change. Section 7. Veto Over Management of Association. Management of the Association affects the appearance and condition of the Property, the quality of life for residents, the costs of W home acquisition and ownership, and marketability of homes in the Property. For itself and Homebuilders, Declarant has a vested interest in the below -described aspects of management until every Lot in the Property has been improved with a Dwelling Unit and sold to an Owner other than a Homebuilder. After the Declarant Control Period, and until every Lot in the Property has been improved with a Dwelling Unit and sold to an Owner, Declarant has the continuing unilateral right to approve the Association's choice of manager or managing agent (if the Association elects to employ or hire a manager or managing agent). A manager or agent who purports to represent the Association without Declarant's continuing approval acts without authority, violates the Declaration, and is not eligible for indemnification or insurance by the i�. Association. This Section applies cven if Declarant voluntarily terminates control of the Association earlier than the maximum period of Declarant control. ARTICLE XI. GENERAL PROVISIONS Section 1. Further Development. During the Development Period, each and every Owner and Resident waives, relinquishes and shall not directly or indirectly exercise any and all rights, powers or abilities regarding the following: to contest, object, challenge, dispute, obstruct, hinder or in any manner disagree with the proposed or actual development (including, without Reserve.Ravenwood.Add.Decl.of.Cov.Cond.&.Rest Page 55 Owners and Members that such policies may change over time and are subject to modification without approval or consent of the Owners or Members, except as may be required by Applicable Law. Section 4. Enforcement. The Association, and each Owner of a Lot in the Property, including the Declarant, shall have the right to enforce observance or performance of the provisions of this Declaration. If any person violates or attempts to violate any term or provision of this Declaration, it shall be lawful for any Owner, the Declarant, or the Association, to prosecute proceedings at law or in equity against the person violating or attempting to violate any term or provision of this Declaration, in order to accomplish on or more of the following: (i) to prevent the Owner, Resident or their tenants, invitees, guests or representatives from violating or attempting to violate any term or provision of this Declaration; (ii) to correct such violation; (iii) to recover damages; or, (iv) to obtain such other relief for such violation as then may be legally available. Each Owner of each Lot shall be deemed, and held responsible and liable for the acts, conduct and omission of each and every Resident, guest and invitee affiliated with such Lot, and such liability and responsibility of each Owner shall be joint and several with their Resident(s), guests and invitees. Unless otherwise prohibited or modified by law, all parents shall be liable for any and all personal injuries and property damage proximately caused by the conduct of their children (under the age of 18 years) within the Properties. Failure by the Association, Declarant or any Owner to enforce any Covenant herein contained shall in no event be deemed a waiver of the right to do so thereafter. The City of Lubbock and the County of Lubbock, Texas are specifically authorized (but not obligated) to enforce these Covenants. With respect to any litigation hereunder, the prevailing party shall be entitled to recover all costs and expenses, including reasonable attorneys' fees, from the non -prevailing party. Section 5 Validity. Violation of or failure to comply with these Covenants shall not affect the validity of any mortgage, bona fide lien or other similar security instrument which may then be existing on any Lot. Invalidation of any one or more of these Covenants, or any portions thereof, by a judgment or court order shall not affect any of the other provisions or covenants herein contained, which shall remain in full force and effect. In the event any portion of these Covenants conflicts with mandatory provisions of any ordinance or regulation promulgated by the City of Lubbock, or County of Lubbock, Texas or other Applicable Law (including, without limitation, any zoning ordinances), then such municipal or county requirement or Applicable Law shall control, but only to the extent as necessary to bring these Covenants into compliance with said ordinance, regulation or Applicable Law. Section b. Proposals of Declarant. The proposals of the Declarant, as set forth in various provisions hereinabove, are mere proposals and expressions of the existing good faith ' intentions and plans of the Declarant and shall not be deemed or construed as promises, solicitations, inducements, contractual commitments or material representations by the Declarant upon which any person or entity can or should rely. Nothing contained in or inferable from this Declaration shall ever be deemed to impose upon any other land owned or to be owned by the Declarant, or any related entity, any covenants, restrictions, easements or liens or to create any servitudes, negative reciprocal easements or other interests in any such land in favor of any person or entity other than the Declarant. Declarant owns and intends in the future to develop certain property adjacent to or in the vicinity of the Properties. Such adjacent property may be subject to restrictions materially varying in form from those contained in this instrument. Nothing contained in this instrument shall be deemed to impose upon Declarant any obligation with respect to such adjacent property, including, without limitation, any obligation to enforce Reserve.Ravenwood.Add.Deci.of.Cov.Cond.&.Rest Page 57 or from Declarant's sale or development of (or failure to develop) the Properties, shall be settled informally, and said parties shall make every effort to meet and settle their dispute in good faith informally. If said parties cannot agree on a written settlement to the dispute within fourteen days after it arises, then the matter in controversy shall be submitted to non -binding mediation (except that disputes between Owners that are not regulated by the Declaration shall not be subject to the dispute resolution process), and the dispute resolution process shall be conducted as follows: (1) Outside Mediator. In a dispute between any of the above entities or individuals, the parties must voluntarily submit to the following mediation procedures before commencing any judicial or administrative proceeding. Each party will represent himself/herself individually or through an agent or representative, or may be represented by counsel. The dispute will be brought before a mutually selected mediator. Such mediator will be an attorney -mediator skilled in community association law. In order to be eligible to mediate a dispute under this provision, a Mediator may not reside in the Property, work for any of the parties, represent any of the parties, nor have any conflict of interest with any of the parties. Costs for such mediator shall be shared equally by the parties. If the parties cannot mutually agree upon the selection of a mediator after reasonable efforts (not more than 30 days), each party shall select their own mediator and a third will be appointed by the two selected mediators. If this selection method must be used, each party will pay the costs of their selected mediator and will share equally the costs of the third appointed mediator. 41b (2) Mediation is Not a Waiver. By agreeing to use this dispute resolution process, the parties in no way waive their rights to extraordinary relief including, but not limited to, temporary restraining orders or temporary injunctions, if such relief is necessary to protect or preserve a party's legal rights before mediation may be scheduled. (3) Assessment Collection. The provisions of this Declaration dealing with alternate dispute resolution (mediation) shall not apply to the collection of Assessments or the enforcement of any Assessment owing to the Association. Further, the provisions of this Declaration dealing with alternate dispute resolution (mediation) shall not apply in the circumstances described in Article XI, Section 12(b)(2), below. (b) Arbitration. If a matter in controversy cannot be resolved by mediation as set forth in Article XI, Section 12.(a) above, then the matter in controversy shall be determined by binding arbitration in accordance with the Federal Arbitration Act (or if not applicable, the applicable state law), the Rules of Practice and Procedure for the Arbitration of Commercial Disputes of Endispute, Inc., doing business as J.A.M.S./Endispute ("J.A.M.S."), as amended from time to time, and the "Special Rules" set forth below. In the event of any inconsistency, the Special Rules shall control. Judgment upon any arbitration award may be entered in any court having jurisdiction. Any Owner, Resident, the ARC or the Declarant may bring an action, including a summary or expedited proceeding, to compel arbitration of any controversy or claim to Iwhich this Declaration applies in a court having jurisdiction over such action. Reserve. nwood.Add.Decl.of.Cov.Cond.&.Rest Page 59 geology, and the suitability thereof and of the Reserve at Ravenwood, the Property, the Common Properties and any Lot within the Property, for any and all activities and uses which Owner, Resident, or any Homebuilder may elect to conduct thereon; (ii) the manner; construction, design, condition, and state of repair or lack of repair of any improvements located on the Property, the Common Properties and any Lot; (iii) except for any warranties contained in the Deeds to be delivered from Declarant to an Owner or any Homebuilder, the nature and extent of any right-of-way, possession, reservation, condition or otherwise that may affect the Property, the Common Properties and any Lot; and (iv) the compliance of the Reserve at Ravenwood, the Property, the Common Properties and any Lot with any laws, rules, ordinances or regulations of any governmental or quasi -governmental body (including without limitation, zoning, environmental and land use laws and regulations). To the maximum extent permitted by Applicable Law, Declarant's sale of each Lot within the Property is on an "AS IS, WHERE IS, WITH ALL FAULTS" basis, and each Owner and Homebuilder purchasing a Lot within the Property expressly acknowledges that as part of the consideration for the purchase of a Lot, and except as expressly provided in this Declaration or in any Deed, Declarant makes NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, OR ARISING BY OPERATION OF LAW, INCLUDING, BUT IN NO WAY LIMITED TO, ANY WARRANTY OF CONDITION, HABITABILITY, SUITABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE PROPERTIES, OR ANY LOT WITHIN THE SUBDIVISION. By acceptance of a Deed to any Lot, and to the maximum extent permitted by Applicable Law, Owner and any Homebuilder hereby waives, releases, acquits and forever discharges Declarant and any successor or assign of Declarant, and the Declarant's general partners, limited partners, members, managers, officers, agents, employees, representatives, attorneys and any other person or entity acting on behalf of Declarant (sometimes referred to in this Declaration as the "Released Parties'), of and from, any claims, actions, causes of action, demands, rights, damages, liabilities, costs and expenses whatsoever (including court costs and attorney's fees), direct or indirect, known or unknown, foreseen or unforeseen, which Owner and any Homebuilder now has or which may arise in the future, on account of or in any way growing out of or in connection with the design or physical condition of the Property, the Common Properties, or any Lot, or any law, rule, order, statute, code, ordinance, or regulation applicable thereto. Each Owner, Homebuilder, Resident, and Member waives and releases the Released Parties from any liability to said Owner, Homebuilder, Resident and Member and to said Owner's, Homebuilder's, Resident's and Member's respective heirs, successors and assigns, for the design and/or condition of the Property, the Common Properties, or any Reserve. Ravenwood_Add.Dec1.of.Cov.Cond.&.Rest Page 61 � I I 1 1 Section 14. Joinder of Lender. , holder of a lien of record against the Properties, joins in this Declaration for the sole purpose of showing its assent thereto and that it has no objections to the filing of this Declaration. No violation of any covenant contained within this Declaration shall defeat or render invalid the lien of any mortgage made in good faith and for value upon any portion of the Properties; providing however, that any mortgagee in actual possession, or any purchaser at any mortgagee's foreclosure sale, as well as all other owners, shall be bound by and subject to this Declaration as fully as any other Owner of any portion of the Properties. Witness the hand of an authorized representative of Declarant on the acknowledgment date noted below DECLARANT: Carl M. Russell, Jr. J. Larry Elliott LENDER: [BANK NAME] By: Its: IReserve.Ravenwood.Add.Dedof.Cov.Cond.&.Rest Page 63 1 1 li 1 0 EXHIBIT "A" PROPERTY SUBJECT TO DECLARATION RESERVE AT RAVENWOOD Reserve. Ravenwood.Add.Decl.of.Cov.Condh. Rest Page 65