Protective Covenants Agreement

PROTECTIVE COVENANTS AGREEMENT

This Protective Covenants Agreement (the Agreement) is made and entered into as of Effective Date: by and between Declarant Name: with address at ("Declarant"), and Owner Name: with address at ("Owner"). Declarant and Owner are sometimes referred to individually as a Party and collectively as the Parties.

RECITALS

WHEREAS, Declarant is the owner or developer of certain real property described as: (the Property), and

WHEREAS, Declarant desires to create and impose certain covenants, conditions and restrictions on the Property to promote orderly residential development, protect property values and provide uniform standards for use and maintenance; and

WHEREAS, Owner holds an interest in a portion of the Property and desires to accept and be bound by such covenants and restrictions as set forth herein.

NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, Declarant and Owner covenant and agree as follows:

1. DEFINITIONS

1.1 "Property" means the real property described above and any parcel or lot that is subject to this Agreement by recorded instrument. The full legal description may be provided below:

1.2 "Architectural Committee" means the committee, consisting initially of Declarant or its designee, charged with review and approval of improvements under Section 4 below.

2. GRANT OF COVENANTS

2.1 Declarant hereby imposes upon the Property the covenants, conditions and restrictions set forth in this Agreement. These covenants shall run with the land, shall be binding upon all parties having or acquiring any right, title or interest in the Property, and shall inure to the benefit of Declarant and subsequent owners of the Property and their respective heirs, successors and assigns.

3. USE AND OCCUPANCY RESTRICTIONS

3.1 Residential Use. Except as expressly provided herein, all parcels within the Property shall be used for single-family residential purposes only. No lot shall be used for commercial, industrial or manufacturing purposes.

3.2 Nuisance and Conduct. No noxious, offensive or illegal activity shall be conducted on any lot. Activities or conditions that reasonably interfere with the use and enjoyment of adjacent lots are prohibited.

3.3 Temporary Structures and Storage. No temporary buildings, trailers, or storage of materials visible from the street shall be permitted except during active construction and then only for a period reasonably necessary to complete construction.

4. ARCHITECTURAL REVIEW

4.1 Submission of Plans. Prior to construction of any improvement (including, but not limited to, dwelling, fence, accessory building, exterior modification), Owner must submit construction and landscaping plans to the Architectural Committee for written approval. The submission must include plans, elevations, materials specifications and a site plan showing setbacks and drainage.

4.2 Standard of Review; Time for Action. The Architectural Committee shall have the authority to approve, approve with conditions, or disapprove any submission based on aesthetic and compatibility standards reasonably adopted by the Committee. The committee shall issue a written decision within days of receipt. If no written decision is delivered within that period, the submission shall be deemed approved.

5. MAINTENANCE

5.1 Owner Responsibility. Each Owner shall at all times keep his or her lot, improvements and landscaping in a neat, safe and sanitary condition and shall promptly repair any damage or deterioration. Failure to maintain a lot in accordance with reasonable community standards shall constitute a violation of these Covenants.

5.2 Corrective Action by Declarant. If an Owner fails to cure a maintenance violation after thirty (30) days' written notice, Declarant (or its designee) may enter the lot and perform the necessary maintenance. All costs incurred shall be a lien upon the lot and collectible as set forth in Section 6.3.

6. ENFORCEMENT; REMEDIES

6.1 Injunctive Relief. The Parties acknowledge that a breach of these covenants may cause irreparable injury for which monetary damages are inadequate; injunctive or other equitable relief, in addition to monetary damages, shall be available to enforce compliance.

6.2 Remedies Cumulative. The remedies provided in this Agreement are cumulative and are in addition to any other remedies available at law or in equity.

6.3 Collection of Costs and Attorneys' Fees. In any action to enforce this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees, court costs and other expenses. Any such fees and costs incurred by Declarant in performing maintenance or otherwise enforcing this Agreement may be assessed against and constitute a lien upon the subject lot in accordance with applicable law.

7. TERM; AMENDMENT; TERMINATION

7.1 Term. The covenants and restrictions set forth in this Agreement shall run with the land and shall be binding upon all parties and their successors and assigns for a term of years from the Effective Date, and shall automatically renew thereafter unless terminated as provided herein.

7.2 Amendment. This Agreement may be amended by a written instrument signed by Declarant and Owners holding at least of the votes of lots then subject to this Agreement. Any amendment must be recorded in the county land records to be effective.

8. ASSIGNMENT

8.1 Delegation and Assignment. Declarant may assign its rights and obligations under this Agreement to any third party, including an owners' association, provided that any such assignee assumes the obligations of Declarant in writing.

9. NOTICES

9.1 Methods; Addresses. Any notice required or permitted shall be in writing and delivered personally, by certified mail, return receipt requested, or by nationally recognized overnight courier, to the following addresses:

10. INDEMNITY AND INSURANCE

10.1 Indemnity. Each Owner shall indemnify, defend and hold harmless Declarant and its agents from and against any loss, damage, liability or expense (including reasonable attorneys' fees) arising out of Owner's use of the lot or breach of this Agreement, except to the extent caused by Declarant's gross negligence or willful misconduct.

10.2 Insurance. Owners shall maintain liability insurance for their respective lots and improvements, and Declarant may require evidence of such insurance upon reasonable request.

11. MISCELLANEOUS

11.1 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of , without regard to its conflict of laws principles.

11.2 Entire Agreement. This Agreement contains the entire agreement among the Parties regarding its subject matter and supersedes all prior and contemporaneous agreements, representations and understandings.

11.3 Severability. If any provision of this Agreement is held invalid or unenforceable, such provision shall be severed and the remaining provisions shall remain in full force and effect.

11.4 Waiver. Failure by any Party to enforce any provision of this Agreement shall not constitute a waiver of that provision or the right to enforce it in the future.

11.5 Counterparts; Electronic Signatures. This Agreement may be executed in counterparts, each of which shall be an original and all of which together shall constitute one instrument. Signatures transmitted by electronic means shall be binding.

ADDITIONAL PROVISIONS

CERTIFICATION BY PARTIES

Each Party represents and warrants that it has full power and authority to enter into this Agreement and that the person executing this Agreement on behalf of a Party is duly authorized to execute and deliver this Agreement.

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