DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
AND RESERVATION OF EASEMENTS
OF CHESTNUT GROVE HOMEOWNERS ASSOCIATION
THIS DECLARATION (the “Declaration”), is made this 18th day of March, 2008, by Chestnut Grove Venture, LLC, a Maryland limited liability company (the “Declarant”),
WITNESSETH:
WHEREAS, Declarant is the owner in fee simple of certain real property located in the 1st Election District, Charles County, Maryland, which is more particularly described in Exhibit A attached hereto and made a part hereof (the “Property”); and
WHEREAS, Declarant intends to subdivide and develop or cause to be subdivided and developed on the Property single family homes with appurtenant areas for access, open space and conservation, said subdivision to be known as “Chestnut Grove”; and
WHEREAS, Declarant desires to subject the Property and the improvements located or to be located thereon, to the covenants, conditions and restrictions and reservation of easements set forth herein, which are for the purpose of protecting the value and desirability of the Property and the improvements thereon, and are for the purpose of distributing among the owners of the residential Lots on the Property the cost of maintaining and operating the Common Areas (as hereinafter defined), and any improvements constructed thereon; and
WHEREAS, Declarant has caused a non-profit membership Corporation known as Chestnut Grove Association, Inc., to be formed in the State of Maryland in order to perform certain functions on behalf of the Owners of Lots within the Property, including, but not limited to, the enforcement of the covenants, conditions and restrictions and reservation of easements herein set forth, the management of the Common Areas to be owned by the Association, and the collection and disbursement of the assessments and charges hereinafter created.
NOW THEREFORE, Declarant hereby declares that the Property, and all parts thereof, shall be held, sold and conveyed subject to the following easements, restrictions, covenants, and conditions, which are for the purpose of protecting the value and desirability of, and enhancing the attractiveness of the Property, and which shall run with the Property, and all parts thereof, and shall be binding upon all parties having any right, title or interest in or to the Property, and any part thereof, their heirs, personal representatives, successors and assigns, and shall inure to the benefit of each owner of the Property, and the owner of any part thereof, and their respective heirs, personal representatives, successors and assigns, and the Association.
ARTICLE I
DEFINITIONS
Section 1. “Architectural Committee.” The Architectural Committee shall be composed of: (i) during the Development Period, a single individual appointed by the Declarant; and (ii) after the Development Period, three or more individuals so designated from time to time by the Board of Directors. Those individuals appointed by the Board of Directors after the Development Period may be removed from the Architectural Committee at any time by the Board of Directors at its discretion.
Section 2. “Association” shall mean and refer to Chestnut Grove Association, Inc., a Maryland nonprofit corporation, its successors and assigns.
Section 3. “Owner” shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any Lot which is a part of the Property, or, if the Lot is subject to a reversion reserved in a lease redeemable pursuant to Title 8 of the Real Property Article, Annotated Code of Maryland, the owner of the leasehold interest, and not the holder of title as such of the reversionary interest; including contract sellers, but excluding those having an interest in any such Lot merely as security for the performance of an obligation.
Section 4. “Property” shall mean and refer to that certain real property described in Exhibit A to this Declaration, and such additions thereto as may hereafter be brought within the jurisdiction of the Association and subjected to this Declaration as herein provided.
Section 5. “Common Area” shall mean all real property (including the improvements thereto) owned, or to be owned, by the Association for the common use and enjoyment of the Owners, and such additions thereto as may hereafter be brought within the jurisdiction of the Association and subjected to this Declaration as herein provided.
Section 6. “Board of Directors” shall mean the Board of Directors from time to time of the Association.
Section 7. “Lot” shall mean and refer to any plot of land shown upon any recorded subdivision plat of the Property on which there is constructed or is intended to be constructed a residential dwelling.
Section 8. “Declarant” shall mean and refer to Chestnut Grove Venture, LLC, a Maryland limited liability company, and its successors and/or assigns to whom one or more undeveloped portions of the Property may be conveyed, along with an express assignment of Declarant’s rights and remedies hereunder, by an instrument recorded among the Land Records of Charles County, Maryland.
Section 9. “Development Period” shall mean the period that is ten (10) years from the date this Declaration is recorded among the Land Records of Charles County, Maryland. With respect to any land annexed to the Property by Declarant as herein permitted, the “Development Period” shall mean the time that is ten (10) years from the time that such land is annexed to the Property by the recording of an amendment hereto among the Land Records of Charles County, Maryland. Declarant shall have the right to extend the Development Period from time to time for up to ten (10) additional years. To exercise this extension option, Declarant shall execute and record an amendment to this Declaration setting forth Declarant’s election to so extent and the period of extension; such amendment shall be executed and recorded prior to the then expiration of the Development Period (whether the original term or as previously extended). Declarant shall have the right to exercise this extension option from time to time as often as Declarant shall determine in its sole discretion for up to ten (10) years beyond the original term of the Development Period. Declarant shall have the right to terminate the Development Period at any time prior to its then expiration by the execution and recordation of an amendment to this Declaration. Notwithstanding anything to the contrary contained in this Declaration, any amendment to this Declaration under this Article I, Section 9, shall be valid and effective upon execution and recordation by Declarant solely, and shall require no other signature or approval by any party.
Section 10. “Structure” shall mean any thing or device the placement of which upon the Property (or any part thereof) may affect the appearance of the Property (or any part thereof) including, by way of illustration and not limitation, any building, garage, porch, shed, greenhouse, bath house, coop or cage, covered or uncovered patio, swimming pool, clothesline, radio, television, or other antenna, fence, sign, curbing, paving, wall, roadway, walkway, exterior light, landscape, hedge, tree, shrubbery, planting, signboard, or any temporary or permanent living quarters (including any house trailer), or any other temporary or permanent improvement made to the Property or any part thereof. “Structure” shall also mean (i) any excavation, fill, ditch, diversion damn, or other thing or device which affects or alters the natural flow of surface waters from, upon, or across the Property, or which affects or alters the flow of any waters in any natural or artificial stream, wash, or drainage channel from, upon or across the Property, and (ii) any change in the grade of the Property (or any part thereof) of more than six (6) inches from that existing at the time of purchase by each Owner (other than Declarant).
Section 11. “Stormwater Management Agreement(s)” shall mean the agreement or agreements, as the same may be amended or supplemented from time to time, executed or to be executed with regard to the Property, by and between Declarant and The County Commissioners of Charles County, Maryland, entitled “Inspection and Maintenance of Private On-Site Stormwater Management Facility – Declaration of Covenants” and/or equivalent agreement(s) providing for the maintenance and/or repair of private or public storm drain systems or stormwater management facilities on the Property; said agreement or agreements recorded or to be recorded among the Land Records of Charles County, Maryland. The Association hereby ratifies and accepts the terms, covenants, and conditions of the Stormwater Management Agreement(s) and agrees at all times to perform the terms thereof.
ARTICLE II
PROPERTY RIGHTS
Section 1. Grant of Lots. Declarant shall hereafter hold, grant and convey the Property, and each part thereof, including the Lots and Common Area, subject to the covenants, conditions and restrictions and reservation of easements herein set forth, which are for the benefit of, binding upon and shall run with the Property, and are for the benefit of Declarant, the Association and the Owners, their respective heirs, personal representatives, successors and assigns,
Section 2. Grant of Common Area. Declarant covenants that it will convey and/or dedicate to the Association the Common Area, and the Association shall accept from Declarant such Common Area and shall hold it subject to the provisions hereof.
Section 3. Owners’ Easements of Enjoyment. Every Owner shall have a right and nonexclusive easement of enjoyment in and to the Common Area which shall be appurtenant to and shall pass with the title to every Lot, subject to the following provisions:
(a) The right of the Association to charge reasonable admission and other fees for the use of any recreational facility situated upon the Common Area;
(b) The right of the Association to suspend the voting rights and right to use of the recreational facilities by an Owner for any period during which any assessment against the Owner’s Lot remains unpaid; and for a period not to exceed sixty (60) days for any infraction of the Association’s published rules and regulations;
(c) The right of the Association to dedicate or transfer all or any part of the Common Area to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the Owners. No such dedication or transfer shall be effective unless an instrument agreeing to such dedication or transfer signed by two-thirds of each class of members of the Association has been recorded;
(d) The other provisions of this Declaration and of applicable law which impose covenants, restrictions and regulations on the Common Area.
(e) Any Common Area, recreational facility, open space or recreational equipment furnished by the Declarant or the Association for the benefit of Lot Owners shall be used at the sole risk of the user, and neither the Declarant nor the Association shall be held liable to any person or party for any claim, damage, or injury occurring thereon or related to the use or operation thereof.
Section 4. Delegation of Use. Any Owner may delegate, subject to the terms and conditions of this Declaration, ‘the By-Laws of the Association and any published rules and regulations of the Association, his right to enjoyment of the Common Area and facilities to the members of his family, his tenants, or contract purchasers who, in each instance, reside on a Lot.
Section 5. Structures. Except as otherwise permitted by the provisions of this Declaration, no Structure shall be erected, placed or maintained on any Common Area except: (i) structures designed exclusively for the common use of Owners; and (ii) drainage, storm and utility systems. The Common Area may be graded, planted with trees and shrubs and other plants placed and maintained thereon for the use, comfort and enjoyment of the Owners or for the establishment, retention or preservation of the natural growth or topography of the Common Area and for aesthetic reasons.
Section 6. Rules. The Association shall have the right to prescribe reasonable rules and regulations governing the use of the Common Area, which rules and regulations shall be applied equally to all Owners. ill addition, the Association, through the Board of Directors, by contract or other agreement, shall have the right, but not the obligation, to enforce county ordinances and to permit Charles County, Maryland, to enforce ordinances on the Lots for the benefit of the Association and the Owners.
Section 7. Association Management. The Association may improve and develop, and shall supervise, manage, operate, examine, inspect, care for, repair, replace, restore, preserve and maintain the Common Area, together with any items of personal property placed or installed thereon, including, without limitation, any stormwater management facilities, at the cost and expense of the Association. All of the same shall be maintained in good order and repair at all times.
Section 8. Conservation and Buffer Areas. The Association shall at all times preserve, maintain and protect any part(s) of the Common Area denoted on recorded subdivision Plats of the Property or on any other recorded instrument as “wetlands”, “wetlands buffer”, “non-tidal wetlands”, “non-tidal wetlands buffer”, “forest conservation easement”, “forest conservation area”, and/or “wetlands conservation easement”, or any similar or like denotation, in accordance with all applicable laws, regulations and ordinances and the terms of this Declaration.
Section 9. Stormwater Management. The Association shall at all times observe and perform all terms, covenants and conditions of the Stormwater Management Agreement(s) affecting the Common Area.
Section 10. Implied Rights. The Association may exercise all rights and privileges given to it by this Declaration and by the by-laws of the Association, and every other right or privilege reasonably to be implied from the existence of any right or privilege given to it herein or in said by-laws, or reasonably necessary to effectuate the purpose and intent of any such right or privilege or any lawful function of the Association.
ARTICLE III
MEMBERSHIP AND VOTING RIGHTS
Section 1. Membership. Every Owner of a Lot which is subject to assessment by the Association shall be a member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assessment.
Section 2. Voting. The Association shall have two classes of voting membership:
Class A. Class A Members shall be all Owners, with the exception of the Declarant, and shall be entitled to one (1) vote for each Lot owned. When more than one person holds an interest in any Lot, all such persons shall be members; the vote for such Lot shall be exercised as they determine, but in no event shall more than one vote be cast with respect to any Lot owned by a Class A member.
Class B. The Class B Members shall be the Declarant, and shall be entitled to three (3) votes for each Lot owned. The Class B membership shall cease, subject to revival upon additional land being annexed to the Property pursuant to this Declaration, and be converted to Class A membership on the happening of either of the following events, whichever occurs earlier:
(a) When the total votes outstanding in the Class A membership equal the total votes outstanding in the Class B membership, or
(b) Upon the expiration of the Development Period.
ARTICLE IV
COVENANT FOR MAINTENANCE ASSESSMENTS
Section 1. Creation of the Lien and Personal Obligation of Assessments. Each Owner of any Lot, by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, is deemed to covenant and agree, to pay to the Association: (1) an initial capital contribution payable by the initial homeowner with respect to each Lot as described below, (2) annual assessments or charges, and (3) special assessments for capital improvements; such assessments to be established and collected as hereinafter provided. The capital contribution, annual and special assessments, together with interest, late charges, costs, and reasonable attorney’s fees, shall be a charge on the land and shall be a continuing lien upon the Lot against which each such assessment is made. Each such contribution and assessment, together with interest, late charges, costs, and reasonable attorney’s fees, shall also be the personal obligation of the person who was the Owner of such Lot at the time when the payment fell due. The personal obligation for delinquent capital contributions or assessments shall not pass to successors in title unless expressly assumed by them.
Section 2. Purpose of Assessments. The capital contributions and assessments levied by the Association shall be used exclusively to promote the recreation, health, safety, and welfare of the residents of Lots in the Property, for the improvement and maintenance of the Common Area, and as is otherwise consistent with the rights and responsibilities of the Association under this Declaration and for the benefit of the Owners.
Section 3. Maximum Annual Assessment. Until January 1 of the year immediately following the first conveyance of any Lot to a Class A Member, the maximum annual assessment shall be Three Hundred Fifty and 00/100 Dollars ($350.00) per Lot.
(a) From and after January 1 of the year immediately following the first conveyance of any Lot to a Class A Member, the maximum annual assessment may be increased each fiscal year of the Association by an amount not more than either, 10% above the maximum annual assessment for the previous year, or the percentage increase in the previous year in the index commonly referred to as the “Consumer Price Index,” “All Items United States”, as published by the U.S. Department of Labor, Bureau of Labor Statistics, whichever is greater, without a vote of the membership; or, if such index is discontinued, any similar or successor index as is designated by resolution of the Board of Directors from time to time.
(b) From and after January I of the year immediately following the first conveyance of any Lot to a Class A Member, the annual assessment may be increased above the maximum annual assessment allowed by Article N, Section 3, paragraph (a), by a vote of not less than two-thirds (2/3) of each class of members, voting in person or by proxy, at a meeting duly called for this purpose, which amount shall then become the maximum annual assessment under this Declaration.
(c) For each assessment year, the Board of Directors may fix the annual assessment at any amount not in excess of the maximum.
Section 4. Special Assessments. In addition to the annual assessments authorized above, the Association may levy, in any assessment 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, repair or replacement of a capital improvement upon the Common Area, including fixtures and personal property related thereto, and/or to meet any other deficit of the Association or any emergency or unforeseen expense of the Association, provided that any such assessment shall have the assent of not less than two-thirds (2/3) of the votes of each class of members voting in person or by proxy at a meeting duly called for this purpose.
Section 5. Notice and Quorum for Any Action Authorized Under Section 3(b) and 4. Written notice of any meeting called for the purpose of taking any action authorized under Section 3(b) or 4 above shall be sent to all members not less than 30 days nor more than 60 days in advance of the meeting. At the first such meeting called, the presence of members or of proxies entitled to cast at least sixty percent (60%) of all the votes of each class of membership shall constitute a quorum. If the required quorum is not present, another meeting may be called subject to the same notice requirement, and the required quorum at the subsequent meeting shall be one-half (liz) of the required ‘quorum at the preceding meeting, No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting.
Section 6. Uniform Rate of Assessment. Both annual and special assessments must be fixed at a uniform rate for all Lots, and may be collected on a monthly basis, except that: (i) the Common Area, (ii) all properties dedicated to, and accepted by, a local public authority, and (iii) all property owned by, a charitable or nonprofit organization exempt from taxation by the laws of the State of Maryland, and (iv) any Lot or part of the Property owned by the Declarant, shall be exempt from the capital contributions and assessments created herein.
Section 7. Date of Commencement of Annual Assessments: Due Dates.
(a) The annual assessments provided for herein shall commence as to all Lots on the first day of the month following the initial conveyance of any Lot to a Class A member. The first annual assessment shall be fixed by the Board of Directors and shall be adjusted according to the number of months remaining in the calendar year. Thereafter, the Board of Directors shall make reasonable efforts to fix the amount of the annual assessment against each Lot at least thirty (30) days in advance of each annual assessment period (failure by the Board of Directors to fix the amount of the annual assessment within such time period shall not affect the validity of the assessment or constitute a waiver of any provision of this Declaration). Written notice of the annual assessment shall be sent to every Owner subject thereto. The due date(s) shall be established by the Board of Directors. The Association shall, upon demand, and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the assessments on a specified Lot have been paid. A properly executed certificate of the Association as to the status of assessments on a Lot is binding upon the Association as of the date of its issuance.
(b) If additional land is annexed to the Property, the annual assessments as to the Lots added to the Property by such annexation shall commence on the date that the land is annexed to the Property by recording of an amendment to this Declaration thus annexing such land to the Property and shall be prorated for the remainder of that fiscal year.
Section 8. Effect of Nonpayment of Assessments: Remedies of the Association. Any assessment which is not paid when due shall be delinquent. Any assessment not paid within thirty (30) days after the due date shall bear interest from the due date at the rate of ten percent (10%) per annum, and shall be subject to a late charge of Twenty-Five Dollars ($25.00) or five percent (5%) of the delinquent assessment, whichever is greater, and the Board of Directors shall have the right to declare the entire balance of the annual assessment and accrued interest thereon to be immediately due and payable. The Association may bring an action at law against the Owner personally obligated to pay the same, and/or without waiving any other right, may foreclose the lien against the Lot, and interest, late charges, costs and reasonable attorneys fees incurred by the Association shall be added to and shall become due as part of the assessment and may be recovered in any action by the Association. No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Area or abandonment of his Lot.
Section 9. Subordination of the Lien to Mortgages. The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage or first deed of trust now or hereafter placed against a Lot, unless such lien for assessments has been duly recorded as such among the Land Records of Charles County, Maryland, prior to the recording of such mortgage or deed of trust. Sale or transfer of any Lot shall not affect the assessment lien. However, the sale or transfer of any Lot pursuant to foreclosure or any proceeding in lieu thereof, of a mortgage or deed of trust senior in priority to the assessment lien, shall extinguish the lien of such assessments as to payments which became due prior to such sale or transfer. No sale or transfer shall relieve such Lot from liability for any assessments thereafter becoming due or from the lien thereof Any contract purchaser of a Lot shall be entitled, on written request to the Association, to a statement in writing from the Association setting forth the amount of any unpaid assessment against the Owner of the Lot due the Association, and such purchaser shall not be liable for, nor shall the Lot conveyed be subject to a lien for, any unpaid assessments made by the Association against the Owner-Grantor or the Lot in excess of the amount set forth in such statement.
Section 10. Maryland Contract Lien Act. The Association may establish and enforce the lien for any assessment provided for herein, annual or special, pursuant to the Maryland Contract Lien Act. The lien is imposed upon the Lot against which such assessment is made. The lien may be established and enforced for damages, costs of collection, late charges permitted by law, and attorney’s fees provided for herein or awarded by a court for breach of any of the covenants of this Declaration.
Section 11. Surplus Receipts. Any surplus of receipts over expenses and reasonable reserves of the Association for any fiscal year shall, at the option of the Board of Directors, be either applied to reduce the assessments necessary to meet the budget adopted by the Association for the next fiscal year, or refunded by the Association to each Owner, and the refund may be prorated among the Owners (and former Owners), including the Declarant and Builder, based upon the portion of the previous fiscal year that each such Owner (or former Owner), including the Declarant and Builder, shall have held record title to the Lot, as determined by resolution of the Board of Directors.
Section 12. Reserve Fund. The annual assessments shall include an amount adequate to establish a reserve fund for replacement of capital improvements in the Common Area. A proportionate amount of each assessment payment received by the Association, applicable to the reserve fund, shall be received and held by the Association in trust, and shall be held separate and apart from other Association funds. Such trust funds shall be retained by the Association and used only for capital improvements andlor replacement of Common Area facilities of the Association upon the approval of a majority of Owners; except that in any fiscal year, the Board of Directors, by a majority vote of a quorum thereof, shall have the authority to approve the use of up to the greater of (i) One Thousand Dollars ($1,000.00) or (ii) twenty percent (20%) of said trust funds for such capital improvements and/or replacement of capital improvements in the Common Areas, without a vote of the Owners.
Section l3. Assessment of Declarant. Any provision of this Declaration to the contrary notwithstanding, except as provided in this Section, Lots owned by the Declarant shall not at any time be subject to any annual assessments, special assessments, fees and/or other charges levied by the Association.
Section 14. Initial Capital Contribution. In addition to the annual and special assessments set forth above, each Lot shall be subject to an initial capital contribution in the amount of $350.00 per Lot (the “Capital Contribution”) on the following terms: (i) the Capital Contribution shall not be paid by the Declarant or by any homebuilder to whom a Lot which is unimproved is owned or may be transferred; (ii) the Capital Contribution shall be due upon the transfer and closing of each Lot to the initial owner who is a Class A Member of the Association and who intends to occupy the Lot or allow the Lot to be occupied as a residential dwelling; (iii) the Capital Contribution shall be due and payable within thirty (30) days following the date of transfer and closing of each Lot to each such Member; (iv) any delinquent Capital Contribution shall be subject to interest and late charges as provided herein, and may be collected, in the same manner as delinquent assessments as provided herein.
ARTICLE V
ASSOCIATION INSURANCE
Section 1. Hazard Insurance.
(a) The Board of Directors, or its duly-authorized agent, shall be required to obtain, maintain and pay the premiums, as a common expense, upon a policy of property insurance covering all the Common Areas and community facilities located thereon (except land, foundation, excavation and other items normally excluded from coverage), including fixtures and building service equipment, to the extent that they are a part of the Common Areas and community facilities of the Association, as well as common personal property and supplies.
(b) The property insurance policy shall afford, as a minimum, protection against loss or damage by fire and other perils normally covered by the standard extended coverage endorsement, as well as all other perils which are customarily covered with respect to projects similar in construction, location and use, including all perils normally covered by the standard “All Risk” endorsement, where such is available. The policy shall be in an amount equal to one hundred percent (100%) of the current replacement cost of the Common Areas and community facilities (less a deductible deemed reasonable by the Board of Directors) and shall name the Association as the named insured.
(c) If the Common Areas are subject to the lien of a mortgage, all policies of hazard insurance thereon must contain or have attached the standard mortgagee clause commonly accepted by private institutions operating as mortgage investors in the area in which the mortgaged premises are located. The mortgagee clause must provide that all property insurance policies must provide an Agreed Amount and Inflation Guard Endorsement, if available, and a Construction Code Endorsement if the Common Areas in the Association are subject to a construction code provision which would become operative and require changes to undamaged portions of the building( s), thereby imposing significant costs in the event of partial destruction of the Project by an insured peril.
Section 2. Flood Insurance. If any portion of the Common Areas are in a special flood hazard area, as defined by the Federal Emergency Management Agency, the Board of Directors of the Association, or its duly-authorized agent, shall be required to obtain, maintain and pay, as a common expense, the premiums upon a “master” or blanket” policy of flood insurance on Common Area buildings and any other Common Area property. The policy shall be in an amount deemed appropriate, but not less than the maximum coverage available under the NFIP for all buildings and other insurable property within any portion of the Common Areas located within a designated flood hazard area or one hundred percent (100%) of current replacement cost of all such buildings and other insurable property. Unless a higher maximum amount is permitted under the laws of Maryland, the maximum deductible for flood insurance shall be the lesser of Five Thousand Dollars ($5,000.00) or one percent (1%) of the face amount of the policy.
Section 3. Liability Insurance. The Association shall maintain comprehensive general public liability insurance coverage covering all of the Common Areas, community facilities, and other areas that are under its supervision (including, but not limited to, commercial spaces, if any, owned by the Association, whether or not they are leased to third parties). Coverage limits shall be in amounts generally required by private institutional mortgage investors for projects similar in construction, location and use. Coverage under this policy shall include, without limitation, legal liability of the insured for property damage, bodily injuries and deaths of persons in connection with the operation and maintenance or use of the Common Areas and community facilities, and legal liability arising out of lawsuits related to employment contracts in which the Association is a party. Such insurance policies shall contain a “severability of interest” clause or endorsement which shall preclude the insurer from denying the claim of an Owner because of negligent acts of the Association or other Owners. Such policies must provide that they may not be canceled or substantially modified, by any party, without at least ten (10) days’ prior written notice to the Association.
Section 4. Fidelity Coverage. Blanket fidelity bonds shall be maintained by the Association for all officers, directors, managers, trustees, employees and volunteers of the Association and all other persons handling or responsible for funds held or administered by the Association, whether or not they receive compensation for their services. Where the Association has delegated some or all of the responsibility for the handling of funds to a Management Agent, such Management Agent shall be covered by its own fidelity bond. Except for fidelity bonds that a Management Agent obtains for its personnel, all other bonds shall name the Association as an obligee and shall have their premiums paid as a common expense by the Association. The total amount of fidelity coverage required shall be sufficient to cover the maximum funds that will be in custody of the Association or Management Agent at any time, but must at least equal the sum of three (3) months’ assessments on all Lots within the Property, plus the Association’s reserve funds. The bonds shall provide that they cannot be canceled or substantially modified (including cancellation for nonpayment of premium) without at least ten (10) days’ prior written notice to the Association.
ARTICLE VI
RESERVED RIGHTS AND EASEMENTS OF DECLARANT
Section 1. Reserved Rights and Easements of Declarant. The Association shall hold the Common Area and the Owners shall hold the Lots conveyed by Declarant subject to the following:
(a) The reservation to Declarant of an easement on, over, under and across any part of the Property, including any roads located thereon, such easement for the purpose of ingress and egress and the installation and maintenance of public and private utilities and storm water management and drainage facilities to serve the Property and any part thereof, including any Lot.
(b) The reservation to Declarant of an easement to store reasonable amounts of building supplies, construction equipment and other similar property on any Lot Declarant owns and/or on the Common Area. This reserved right shall expire upon the expiration of the Development Period.
(c) The reservation to Declarant of the right to establish, create and/or convey wetlands and/or forest conservation or mitigation areas on the Common Area or on any Lot.
Section 2. Sales and Construction Offices. Declarant may construct, maintain and operate real estate sales and construction offices, model homes, displays, signs and special lighting on any part of the Common Area or on any Lot Declarant owns and on or in any building or structure now or hereafter erected thereon. This reserved right shall expire upon the expiration ofthe Development Period.
Section 3. Easement for Utilities, Drainage Facilities, Timbering and Forest Conservation. Declarant for itself, its successors and assigns, reserves: (i) an easement on, over, under and across the Common Area and the Lots for the purpose of ingress and egress and for the installation and maintenance of public and private utilities and drainage and storm water management facilities to serve the Property and the Lots therein, including, but not limited to, the right to lay, install, construct and maintain pipes, drains, mains, conduits, lines, meters, septic fields and other facilities for water, storm sewer, sanitary sewer, gas, electric, telephone, cable television, storm water management, drainage and other public or private services, utilities or facilities deemed by Declarant, in its sole discretion, necessary or advisable to provide service to any Lot, or in the area or on the area in which the same is located, together with the right and privilege of entering upon the Common Area and the Lots for such purposes and making openings and excavations thereon, which openings and excavations shall be restored within a reasonable period of time; and (ii) an easement and right of way on, over, under and across the Common Area for timbering activities and to establish and transfer or convey forest conservation, wetlands conservation or other similar easements and rights, together with the right and privilege of ingress and egress across and through the Common Area for said purposes.
Section 4. Grading. Declarant further reserves the right, for itself, its successors and assigns, at or after the time of grading of any street or any part thereof for any purpose, to enter upon any abutting Lot and grade a portion of such Lot adjacent to such street, provided such grading does not materially interfere with the use or occupancy of a residence built or to be built on such Lot, andlor to maintain, install, construct or repair public stormwater management systems, facilities and their appurtenances, but Declarant shall be under no obligation or duty to do such grading, to maintain any slope or to conduct any such work.
Section 5. Amendment of Plats. No right shall be conferred upon any Owner by the recording of any Plat relating to the development of the Property to require the development of the Property in accordance with such Plat. Declarant expressly reserves unto itself, its successors and assigns, the right to make such amendments to any such Plat as shall be advisable in its sole judgment and as shall be acceptable to public authorities having the right to approval thereof
Section 6. Assignment to County. Any or all of the reserved rights and easements of this Article VI, may be granted, transferred andlor assigned at any time or from time to time by Declarant to Charles County, and upon such assignment, such rights and easements may be exercised by Charles County in the same manner as they may be exercised by Declarant hereunder, either concurrently with Declarant or individually by Charles County. Such assignment(s) shall be by written instrument(s) executed by Declarant and recorded among the Land Records of Charles County, Maryland.
ARTICLE VII
MAINTENANCE BY OWNER
The Owner of each Lot shall keep the Lot, and all improvements thereon, in good order and repair, in a manner and with such frequency as is consistent with good property management and maintenance practices. If, in the reasonable opinion of the Architectural Committee, any Owner fails to perform the duties imposed hereunder, the Association, on affirmative action of a majority of the Board of Directors, after fifteen (15) days written notice to the Owner to remedy the condition, shall have the right (but not the obligation), through its agents and employees, in addition to any other rights or remedies of the Association, to enter upon the Lot in question and to repair, maintain, repaint andlor restore the Lot and the improvements or structures thereon, and the cost thereof shall be a binding, personal obligation of such Owner of the Lot, and an additional assessment on the Lot.
ARTICLE VIII
ARCHITECTURAL CONTROL
Section 1. Building Restrictions. No building, fence, wall or other Structure shall be commenced, erected or maintained upon any Lot, nor shall any exterior addition to or change or alteration therein be made, nor shall the natural state of any area of any Lot be disturbed or altered, by an Owner or at the direction of an Owner, until the plans and specifications showing the nature, kind, shape, dimensions, height, materials, floor plans, color scheme, exterior plans and details, and location of the same, together with the estimated cost of the work and the Owner’s proposed completion schedule, and together with a designation of the party or parties to perform the work, shall have been submitted to and approved in writing, as to harmony of external design and location in relation to surrounding Structures and topography, by the Architectural Committee. In the event the Architectural Committee fails to approve or disapprove such design and location within forty-five (45) days after said plans and specifications have been submitted to it, approval will not be required and this Article will be deemed to have been fully complied with.
Section 2. Committee Criteria. The Architectural Committee shall consider applications for approval of plans, specifications, etc., upon the basis of conformity with this Declaration and shall be guided by the extent to which the proposed Structure, addition or alteration will insure conformity and harmony in exterior design and appearance, based upon, among other things, the following factors: the quality of workmanship; nature and durability of materials; harmony of external design with existing Structures; choice of colors; changes in topography, grade elevations, and/or drainage; factors of public health and safety; the effect of the proposed Structure, addition, or alteration on the use, enjoyment, and value of other neighboring properties, and/or the outlook or view from adjacent of neighboring properties; and the suitability of the proposed Structure, addition, or alteration, taking into account the general aesthetic values of the surrounding area. The Architectural Committee shall also consider the ability of the party or parties designated by the Owner to complete the work proposed in accordance with the plans and specifications submitted.
Section 3. Setbacks. No Structure shall be erected, placed, altered, or permitted to remain on any Lot nearer to any street or any other Lot than the minimum building setback line for the Lot as shown on the Plat therefor or as provided by applicable law.
Section 4. Design, Materials, Size and Fencing.
(a) In general, all homes and any Structure shall be designed to blend into the natural surrounding of the Property and the Lots. All plans and grading shall follow the natural topography as closely as possible.
(b) Natural materials and earth tone colors shall be employed in the construction of each home and any Structure. Only first class materials will be allowed. Approved exterior materials include: brick, stone, wood, siding (vinyl or aluminum) or stucco. No more than one foot of concrete, block, or parged block are to be exposed above grade.
(c) Fencing shall be allowed provided it does not exceed six feet in height. All fencing shall be wood or vinyl clad. Chain link, metal, or aluminum fences are prohibited. Sheds and other outbuildings shall be permitted only in back yards.
(d) All driveways shall be improved with asphalt paving. All propane gas tanks or oil tanks shall be buried, or, if above ground, shall be adequately screened and shall not be visible from the front of the Lot or from adjoining Lots.
(e) No identical residences shall be constructed adjacent to or on Lots directly facing each other.
(f) The foregoing is intended to set forth certain nnmmum guidelines regarding homes constructed on the Lots, and is not intended to limit or modify the discretion of the Architectural Committee or any of the terms of this Declaration, and each of the foregoing must nonetheless have approval of the Architectural Committee prior to construction as provided in this Article VIII.
Section 5. Front Yard. The front yard on each Lot shall be kept only as a lawn, including trees, flowers, and shrubs. No trees or shrubs shall be located on any Lot which block the view of operators of motor vehicles so as to create a traffic hazard.
Section 6. Disapproval of Plans. In any case where the Architectural Committee shall disapprove the plans and specifications submitted hereunder, or shall approve the same only as modified or upon specified conditions, such disapproval or qualified approval shall be accompanied by a statement in writing of the grounds upon which such action was based. In any such case, the Architectural Committee shall, if requested, make reasonable efforts to assist and advise the applicant in order that an acceptable proposal can be prepared and submitted for approval. However, the final decision of the Architectural Committee is binding.
Section 7. Approval of Plans. The applicant shall submit for approval two sets of plans and specifications. Upon approval by the Architectural Committee, one copy of such plans and specifications shall be retained by the Architectural Committee, and the other bearing approval in writing shall be returned to the applicant. Approval of plans and specifications shall only be for purposes of this Declaration. The Owner shall be solely responsible for construction of any residence or other Structure in accordance with all applicable laws, regulations, codes and ordinances, and in a sound and workmanlike manner. Without limitation to the foregoing, the Association, its Board of Directors, its Architectural Committee, and the Declarant shall not be responsible for defects of any kind in any plans and specifications or in any residence or other Structure built in accordance therewith.
Section 8. Non-approved Structures. If any Structure shall be altered, erected, placed or maintained upon any Lot, or any new use commenced on any Lot, in violation of the provisions hereof, such Structure or new use shall be removed or discontinued, and such use shall be terminated so as to extinguish such violation. If within fifteen (15) days after notice from the Declarant or the Board of Directors of such violation, the Owner of the Lot upon which such violation exists shall not have taken reasonable steps towards the removal of termination of the same, the Declarant and/or the Association, through its or their agents and employees, in addition to any other rights or remedies of the Association, shall have the right to enter upon the Lot and to take such steps as are necessary to extinguish such violation and the cost thereof shall be a binding, personal obligation ofthe Owner of the Lot, and an additional assessment on the Lot.
Section 9. Completion of Construction. Any plans for improvements or Structures approved hereunder for construction shall be promptly commenced and diligently completed by the Owner or on behalf of the Owner. Upon completion of construction of any Structure in accordance with the provisions hereof, the Architectural Committee, upon request of the applicant shall issue a Certificate of Compliance in a form suitable for recordation among the Land Records of Charles County, Maryland, identifying such Structure and the Lot on which such Structure is placed, and stating that the Structure has been completed pursuant to the terms hereof. Preparation and recording of such Certificate shall be at the expense of the applicant. Any Certificate of Compliance issued pursuant hereto shall be prima facie evidence of the facts therein stated, and as to any purchaser or encumbrances in good faith, and for value, or as to any title insurer, such Certificate shall be conclusive evidence that all Structures on the Lot noted in such Certificate comply with the provisions hereof.
Section 10. Declarant Exemption. The provisions of this Article vrn shall not apply to any Lot or property owned by the Declarant or to any Structures made by Declarant, or any other improvements made by Declarant on any Lot, or within the Property or any addition thereto.
Section 11. Architectural Review Rules. The Architectural Committee may adopt and promulgate reasonable rules and regulations regarding the administration, interpretation and enforcement of the provisions of this Article vrn of this Declaration.
Section 12. Interpretations. The Architectural Committee shall be the interpreter of the provisions of this Declaration with respect to all matters involving aesthetics. Its decision in such matters shall be final if consistent with the intent of this Declaration. In any and all events, the Architectural Committee and/or the Declarant, and its assignee, will not be liable for any decision, action, or inaction taken hereunder with respect to any such matters concerning aesthetics.
ARTICLE IX
RESTRICTIONS ON LOTS
Section 1. Residential Use. Lots will be used for residential single-family dwelling purposes only.
Section 2. Motor Vehicles. No boats, boat trailers, camping trailers, recreational vehicles, campers, or the like shall be parked on a Lot except for a period ofless than fifteen (15) days in any calendar year, unless parked in a garage or in an approved structure, or otherwise adequately screened, and not visible from the front of the Lot or from adjoining Lots. No such vehicle may be kept on the Common Area. No commercial or industrial vehicles shall be parked, stored or kept on any Lot on a regular basis, unless in a garage, approved structure or adequately screened as provided above. For purposes of this paragraph, the Association shall have the right in its sole discretion to determine what use constitutes “adequately screened” and “regular”.
Section 3. Structures. No Structure may be erected or maintained on any Lot in violation of Article vrn above.
Section 4. Animals. No animals, livestock or poultry of any kind may be kept, maintained or bred on any Lot, except that a reasonable number of dogs, cats or similar domestic household pets may be kept on a Lot, provided they are not kept, bred or maintained for any commercial purpose and provided further that they are kept in such a manner as to avoid becoming a nuisance to neighbors or adjoining property owners. No animal shall be permitted outside of the dwelling of an Owner unless the animal is under the control of a responsible person. Upon request of any Owner, the Board of Directors shall determine, in its sole discretion, and conclusively, whether for the purposes of this paragraph a particular animal shall be considered a “similar domestic household pet” or its actions have constituted a “nuisance”, or it has been properly kept “under the control of a responsible person,” or an Owner is keeping a “reasonable” number of pets.
Section 5. Parking Areas. All motor vehicles shall be stored or parked only in designated parking areas on a Lot. All such vehicles shall be in working order, properly registered, and no repairs, except those of a minor nature, shall be permitted to be done on any such vehicles on any of the Common Area or on any Lot, unless such work is done within a fully enclosed garage on such Lot. No motor vehicles shall be parked on any street in the Property unless in working order and properly registered, and no motor vehicles whatsoever shall be parked on streets serving as main thoroughfares of the subdivision, as determined by the Architectural Committee.
Section 6. Noises and Nuisances. No nuisance shall be maintained, allowed or permitted on any part of any Lot or Common Area, and no use thereof shall be made or permitted which may be noxious or detrimental to health or which may become an annoyance or nuisance to the neighborhood.
Section 7. Trash. No lumber, metals, bulk materials, garbage, refuse or trash shall be kept, stored or allowed to accumulate on any Lot; no Lot shall be used or maintained as a dumping ground for any material; trash, garbage or other waste shall not be kept on any Lot except in sanitary containers. All equipment and containers for the storage or disposal of such material shall be kept in a good, clean and sanitary condition. During construction of any approved Structure on a Lot, the Owner shall keep the construction site free of unsightly accumulations of rubbish and scrap materials, and construction materials, trailers, shacks and the like employed in connection with such construction shall be kept in a neat and orderly manner. Trash or other refuse that is to De disposed of by being picked up and carried away on a regular and reoccurring basis, may be placed in the open in a covered approved container on any day that a pick-up is to be made, at such place on the Lot so as to provide access to persons making such pick-Up. At all other times, such containers shall be stored in such a manner so that they cannot be seen from adjacent and surrounding property. The Architectural Committee, in its discretion, may adopt and promulgate reasonable rules and regulations relating to the size, shape, color and type of containers permitted and the manner of storage of same on a Lot.
Section 8. Clotheslines. All clotheslines shall be kept immediately behind the dwelling on a Lot (never along the side nor in front of the dwelling) in such a manner and location as to prevent such clothesline from being visible from the front of the Lot. No clotheslines shall be hung on a carport, porch, or other semi-enclosed areas so as to permit such clotheslines to be visible from the front ofthe Lot.
Section 9. Declarant Exemption. Anything contained in this Article IX to the contrary notwithstanding, any Lot may be used by Declarant for model home purposes or for the maintenance of a real estate sales and/or construction office during the Development Period. Declarant shall be entitled to conduct on any Lot all activities normally associated with and convenient to the development of the Property and the construction and sale of the residences thereon and, during the Development Period, the provisions of this Article IX shall not apply to any Lot owned by the Declarant so long as the Lot is not occupied as a residence.
Section 10. Subdivision. Without the prior written approval of the Architectural Committee, no Lot and no portion of the Common Area shall be subdivided except by the Declarant.
Section 11. Stormwater Management. Each Owner of a Lot, and the Owner’s heirs, successors and assigns, shall fully comply with the terms and conditions of the Stormwater Management Agreement(s) affecting the Owner’s Lot.
Section 12. Conservation Areas. Each Owner of a Lot, and the Owner’s heirs, successors and assigns, shall at all times fully comply with all applicable laws, regulations and ordinances regarding the maintenance and preservation of any area on such Owner’s Lot denoted as “wetlands”, “wetlands buffer”, “non-tidal wetlands”, “non-tidal wetlands buffer”, “forest conservation easement area” and/or “wetlands conservation easement”, or any similar or like denotation, on the recorded subdivision plats of the Property.
Section 13. Utility Lines; Radio and Television Antennas. All electrical, telephone and other utility lines shall be placed underground. No radio and/or television antenna, satellite dish or disc shall be placed on any Lot without the prior approval of the Architectural Committee. Any such antenna, dish or disc shall be screened and concealed from view of neighboring Lots, roads or streets, and such screening shall be approved by Architectural Committee prior to construction. Any waiver of these restrictions shall not constitute a waiver as to the other Lots, lines, antennas, dishes or discs. Requests for placement of such antennas, dishes or discs on Lots shall include proposals for screens or enclosures. Antennas, dishes or discs shall not be permitted in the front yard of any Lot. This Section shall be subject to any restrictions on the Association’s right to regulate the foregoing under applicable laws.
Section 14. Signs. No billboards or advertising signs of any character shall be erected, placed, permitted, or maintained on any Lot or improvement thereon except as herein expressly permitted. A name and address sign, the design of which shall be approved by the Architectural Committee shall be permitted. Temporary real estate “for sale” or “for rent” signs are allowed. Such signs shall not exceed a maximum size of 2′ x 3′ . No other sign of any kind or design shall be allowed.
Section 15. Mail Boxes and Newspaper Boxes. No mail or paper box shall be erected or placed on any Lot without the prior approval of the Architectural Committee as to design and appearance. Mailboxes must sit on 4 x 4 cedar or pressure-treated posts.
Section 16. Damage to Public Improvements. Each Lot Owner shall be liable for the cost of repairing any damage done to the Declarant’s public improvements (including, but not limited to streets, sidewalks, curbs, signs, utility lines, light fixtures, surveyor’s sticks or markers, and the like) by the Lot Owner or by his agents (including, but not limited to, builders, construction workers, contractors, and subcontractors), family members, guests or employees. This provision shall terminate as to any such public improvement upon the conveyance to, and acceptance by, the Charles County Government, or its successors, of such improvement.
Section 17. Firearms. The discharge of firearms within the Property is prohibited. The term “firearms” includes “B-B” guns, pellet guns, bows and arrows, and other firearms of all types, regardless of size. Notwithstanding anything to the contrary contained herein, the Association shall not be obligated to take action to enforce this Section.
Section 18. Lighting. All exterior lights must be approved by the Architectural Committee, provided, however, this Section shall not apply to exterior lights installed by the Association or the Declarant within the Common Area or to other exterior lights installed by the Declarant within the Property including, but not limited to, lights used for model homes.
Section 19. Artificial Vegetation, Exterior Sculpture, and Similar Items. No artificial vegetation, exterior sculpture, fountains, and similar items shall be permitted on the exterior of any Structure or portion of a Lot.
Section 20. Other Restrictions.
(a) Seasonal decorations shall not be put in place more than thirty (30) days before a holiday and shall be removed within thirty (30) days after the holiday.
(b) Children’s recreational equipment shall be restricted to back yards. Swing sets, outdoor gym sets, and similar equipment may be installed in back yards with the prior approval of the Architectural Committee. Unusual equipment may not be considered acceptable; examples of such unusual equipment are skateboard ramps and discarded tractor tires utilized as sandboxes, which are prohibited. Basketball target must be free standing and positioned at the rear end of the driveway.
(c) Swimming pools must be situated in the rear of the Lot. Swimming pools must be enclosed by a fence of an approved design or other approved structure.
(d) Vegetable gardens are permitted which are situated between the rear line of the house and the rear property line. The size of any such garden may not exceed Y4 of the rear of the Lot.
ARTICLE X
ANNEXATION
Section 1. Additional Land. Additional residential Lots and Common Areas may be annexed to the Property with the consent of not less than two-third (2/3) of each class of members ofthe Association.
Section 2. Recording. Any annexation made to the Property hereunder shall be done and become effective upon recording of an Amendment to this Declaration among the Land Records of Charles County, Maryland, specifying the additional land to be annexed to the Property.
Section 3. Annexation by Declarant. Notwithstanding the foregoing, the Declarant shall have the right, but not the obligation, from time to time during the Development Period, to annex additional land as Lots and Common Area, to be included within the development subjected to this Declaration, without the need for the consent or authorization of any party. Such annexation shall be done by written instrument executed and acknowledged by the Declarant and recorded among the Land Records of Charles County, Maryland.
ARTICLE XI
GENERAL PROVISIONS
Section 1. Enforcement. The Association, or any Owner shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Failure by the Association or by any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter.
Section 2. Severability. Invalidation of anyone of these covenants or restrictions by judgment or court order shall in no way affect any other provisions, which shall remain in full force and effect.
Section 3. Amendment.
(a) The covenants and restrictions of this Declaration shall run with and bind the Property, and all parts thereof, and any additions thereto, for a term of twenty (20) years from the date this Declaration is recorded, after which time they shall be automatically extended for successive periods of ten (10) years. This Declaration may be amended (including, without limitation, any amendment to dissolve the Association) during the first twenty (20) year period only by an instrument signed by not less than ninety percent (90%) of the Lot Owners and holders of first mortgages on the Lots, and thereafter by an instrument signed by not less than seventy-five percent (75%) of the Lot Owners and holders of first mortgages on the Lots. Any amendment must be recorded.
(b) No amendment may alter or affect any rights granted hereunder to Declarant and/or Builder without the prior written consent of Declarant.
(c) Anything set forth above to the contrary notwithstanding, the Declarant shall have the absolute unilateral right, power and authority to amend, modify, revise or change any of the terms or provisions of this Declaration. This unilateral right, power and authority of the Declarant may be exercised at any time or from time to time by the Declarant in its sole discretion.
Section 4. Remedies. Damages may not be deemed adequate compensation for any breach or violation of any provision hereof, so that any person or entity entitled to enforce any provision hereof shall be entitled to relief by way of injunction as well as any other available relief either at law or in equity.
Section 5. Assignment of Declarant Rights. All or any part of the rights and powers (including discretionary powers and rights) reserved by or conferred upon the Declarant by this Declaration may be assigned or transferred by the Declarant to any successor developer of all or any part of the Property, to the Association, the Architectural Committee, or any community association or architectural committee composed of residents of the Property. Any such assignment or transfer must be in writing and shall be evidenced by an appropriate instrument recorded among the Land Records of Charles County, Maryland, and upon recordation thereof, the grantee or grantees of such rights and powers shall thereafter have the right to exercise and perform the rights and powers expressly granted thereunder by the Declarant. ill the absence of such express grant, no individual, group or entity shall be entitled to any of the rights or powers reserved to or conferred upon the Declarant by this Declaration.
Section 6. Rights of the Charles County Planning Commission (the “Commission”). Any other provision of this Declaration or the By-Laws or Articles of Incorporation of the Association to the contrary notwithstanding, neither the Members of the Association, the Board of Directors of the Association, nor the Association shall, by act or omission, take any of the following actions without the prior written consent of the Commission, or its designee, which consent shall not be unreasonably withheld or delayed:
(a) Abandon, partition, dedicate, subdivide, encumber, sell or transfer any of the Common Area; provided, however, ‘that the granting of rights-of-way, easements and the like for public utilities or for other purposes consistent with the use of the Common Area by the Owners and/or the Association shall not be considered a transfer within the meaning of this Section;
(b) Abandon or terminate this Declaration;
(c) Modify or amend any material or substantive provision of this Declaration, or the By-Laws or the Articles of Incorporation of the Association;
(d) Merge or consolidate the Association with any other entity or sell, lease, exchange or otherwise transfer all or substantially all of the assets of the Association to any other entity; or
(e) Substantially modify the method of determining and collecting assessments as provided in this Declaration.
The Commission shall have the right to bring action for any legal or equitable relief necessary to enforce the rights and powers granted to the Commission hereunder.
ARTICLE XII
FORCE MAJEURE
Whenever a time period is provided herein for Declarant to do or perform, or within which Declarant may do or perform any act or thing, including, but not limited to, the time of the Development Period, in the event Declarant is delayed or hindered in or prevented from doing or performing such act or thing by reason of strikes, labor troubles, inability to procure labor or materials, failure of power, restrictive governmental laws or regulations, riots, insurrection, war, acts of God, fire, or other casualty or reason of similar or dissimilar nature beyond the reasonable control of Declarant, then performance of such act or thing shall be excused for the period of the delay, and the period for the performance of such act or thing shall be extended for a period equivalent to the period of such delay. ill no event shall the extensions of time permitted herein extend beyond twenty (20) years from the date hereof.
EXHIBIT A
Lots numbered 1 through 11, inclusive, Lot Numbered 34, and the parcels known and designated as “Open Space A”, “Open Space B”, and “Open Space C”, in the subdivision known as “Plat Two, Phase Two, Lots 1-11 & 34, Chestnut Grove”, as per plat thereof recorded among the Land Records of Charles County, Maryland, in Plat Book 57, Folio 640; lying and being in the First Election District of said County.
And
Lots numbered 12 through 16, inclusive, Lots numbered 25 through 33, inclusive, and the parcels known and designated as “Open Space C” and “Open Space D”, in the subdivision known as “Plat Three, Phase Two, Lots 12- 16 & 25-33, Chestnut Grove”, as per plat thereof recorded among the Land Records of Charles County, Maryland, in Plat Book 57, Folio 641; lying and being in the First Election District of said County.
And
Lots numbered 17 through 24, inclusive, and the parcel known and designated as “Open Space C”, in the subdivision known as “Plat Four, Phase Two, Lots 17-24, Chestnut Grove”, as per plat thereof recorded among the Land Records of Charles County, Maryland, in Plat Book 57, Folio 642; lying and being in the First Election District of said County.
And
The parcel known and designated as “Open Space C” in the subdivision known as “Plat Five, Phase Two, Chestnut Grove”, as per plat thereof recorded among the Land Records of Charles County, Maryland, in Plat Book 57, Folio 643; lying and being in the First Election District of said County.
And
The parcel known and designated as “Open Space C” in the subdivision known as “Plat Six, Phase Two, Chestnut Grove”, as per plat thereof recorded among the Land Records of Charles County, Maryland, in Plat Book 57, Folio 644; lying and being in the First Election District of said County.
And
The parcel known and designated as “Open Space C” in the subdivision known as “Plat Seven, Phase Two, Chestnut Grove”, as per plat thereof recorded among the Land Records of Charles County, Maryland, in Plat Book 57, Folio 645; lying and being in the First Election District of said County.
And
Lots Numbered Thirty-six (36) and Thirty-seven (37) in the subdivision known as “PLAT TWO, Phase One, Lots 36-40, CHESTNUT GROVE” as per plat thereof duly recorded among the Land Records of Charles County, Maryland, in Plat Book 57 at Folio 596, and in Plat Book 57 at folio 595; lying and being in the First Election District of Charles County, Maryland.
And
Lots Numbered Thirty-eight (38), Thirty-nine (39) and Forty (40) in the subdivision known as “PLAT THREE, Phase One, Lots 36-40, CHESTNUT GROVE” as per plat thereof duly recorded among the Land Records of Charles County, Maryland, in Plat Book 57 at Folio 597, and in Plat Book 57 at folio 595; lying and being in the First Election District of Charles County, Maryland.