Loading...
HomeMy WebLinkAboutAmend & Supplemental Covenants of Caprock Crossing Fil.<,d for Record in: P,PA/OG COUNTY AMENDED AND SUPPLEMENTAL COVE4 NTSul'2ti14 "t 01:1/P OF As a CAPROCK CROSSING FWotdioss Document f{ursh».r. 01193029 Amount, 36.00 The following Amended Supplemental Covenants of Capro kfCrto§sing of e"h reby adopted and declared by Caprock Crossing Property Ownpo'hi A `4piation Inc. ("Asp iation") and Brazos Texas Land Development, LLC ("Declarant") this / day of �� , 2014. RECITALS 1. Declarant filed a First Restated and Amended Declaration of Covenants,Conditions and Restrictions for Caprock Crossing by document dated October 24, 2013 and recorded in Volume 11676, Page 242,Official Records, Brazos County,Texas("the CCRs"). The CCRs vested authority over Common Areas to Association. 2. Declarant also filed Reciprocal Easement Agreement with Covenants, Conditions and Restrictions dated July 30, 2013 and recorded in Volume 11522, Page 1, Official Records, Brazos County, Texas ("the REA"). 3. The REA provides, in part, in Section 3.3, Common Area, as follows: "I n addition,the Parcel A owner and Parcel C owner shall illuminate and keep lit the portion of the Driveway marked on Exhibit B-2 during normal business hours (and for so long as Walgreens operates its business on Parcel B, during the Walgreens' business hours), and for sixty(60) minutes thereafter." 4. The Declarant and the Association seek to supplement the CCRs and the REA to declare that the Association assumes the obligation of Parcel Owner A and Parcel Owner C to keep illuminated that portion of the Driveway shown on the attached Exhibit B-2, as provided in the REA. SUPPLEMENTAL COVENANTS The foregoing premises considered, it is hereby declared and agreed by the Declarant and the Association that the Association shall assume the sole obligation to illuminate and keep lit the portion of the Driveway marked on Exhibit B-2, attached hereto and made a part hereof, and to pay the cost thereof, during normal business hours (and for so long as Walgreens operates its business on Parcel B, during Walgreens business hours) and for sixty(60) minutes thereafter. Supplemental Covenants Page 1 of 3 All references to parcels in these Supplemental Covenants shall have the same references as those ascribed in the CCRs. In the event of any conflict between the terms of the CCRs and this Supplemental Covenants, the terms herein shall prevail and control. Except as expressly stated herein, the CCRs and the REA are not further amended, modified, supplemented or superceded. IN WITNESS WHEREOF Declarant and Association have executed this Agreement as of the date first written above. BRAZOS TEXAS LAND DEVELOPME T, L C PI `..rte. SALIM M. ISMAIL, Managing Member CAPROCK CROSSING PROPERTY OW ' RI ASSOCIATIO Na.---- B -----SA MAIL, President THE STATE OF TEXAS § § COUNTY OF BRAZOS § Th'Is, 'n trument was acknowledged before me on the ip day of , 2014, by SALIM M. ISMAIL, Managing Member of BRAZOS TEXAS LAND VELOPMENT, LLC, a Texas limited liability company, on behalf of said company and in the capacity herein stated. �.e o�PAy°.a BREPublic, &ate N8 �J� f A f ,j�/I ���r � !,r * Notary Pubti1 ,201 of Texas i k'L ! v(,�•j �f�1\� MyConimissfonExpires j NOTARY PUBLIC, State of TEXAS 'r F May 12,2018 Supplemental Covenants Page 2 of 3 THE STATE OF TEXAS § § COUNTY OF BRAZOS § Th's in trument was acknowledged before me on the day of ,2014,by SALIM M. ISMAIL, President of CAPROCK CROSSING PROPERTY O NERS' ASSOCIATION, INC., a Texas corporation, on behalf of said corporation and in the capacity herein stated. inN BRENNA WILKlNS ibitkaa, A(1)Qi - , *� Notary Public,State of Texas ! NOTARY PUBLIC, State of TEXAS ,'N+ MY Commission Expires j May 12,2018 RECORDING PAID FOR BY: 130297 PREPARED IN THE LAW OFFICE OF: AFTER RECORDING RETURN TO: HOELSCHER,LIPSEY, ELMORE&POOLE, P.C. 1021 University Drive East CULLY LIPSEY College Station,Texas 77840 WCLIDECLARATIONSICAPROCK POA\SUPPLEMENTAL COVENANTS (vsj) Supplemental Covenants Page 3 of 3 DfIC BR Vol Ps it64418 OR i1c 96 CORRECTION DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR CAPROCK CROSSING THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS COUNTY OF BRAZOS THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR CAPROCK CROSSING (this "Declaration"), is made on the date hereinafter set forth by BRAZOS TEXAS LAND DEVELOPMENT, L.L.C., a Texas limited liability company (called "Declarant" herein), for the purpose of evidencing the covenants, conditions and restrictions contained herein. RECITALS I. Declarant is the ovvner, in fee simple, of the land located in College Station, Brazos County, Texas, which is more particularly described as approximately 64.8 acres in College Station, Brazos County, Texas consisting of 33.183 acres being Lots 2 and 3, Block 1; Lot 1, Block 2; Lot 1, Block 3; and Common Areas 1 & 2 of Caprock Crossing Subdivision and 31.438 acres, being Phase 2A, Greens Prairie Center Subdivision, all of which is more particularly described and identified in Exhibit A, attached hereto and made a part hereof (a copy of which is attached hereto as Exhibit"A") (the "Property"). All of the Property is called "Caprock Crossing",as a identifier and for marketing purposes ( the Development"); 2. The purposes of this Declaration are to: protect the Declarant and the Owners against inappropriate development and use of Parcels within the Development; provide use, maintenance and repair of compatibility of design of improvements within the Development; secure and preserve sufficient setbacks and space between buildings so as to create an aesthetically pleasing environment; provide for reciprocal or shared easements for ingress, egress, utilities, parking and other facilities to promote efficiency,economy and practical uses of the Property: provide for landscaping and the maintenance thereof; provide for a property owner's association to maintain common areas and to assist in enforcing this Declaration; and, in general, to encourage construction of attractive, quality, permanent improvements that Nvill promote the general welfare of the Declarant and the Owners. Declarant desires to impose these restrictions on the Property 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 Development. The restrictive covenants and easements set out herein will preserve the best interests of the Declarant and the Owners of Parcels within the Development after completion of all development and construction therein. WHEREAS,Declarant proposes to create this Declaration; Page 1 of 20 Doc Bk Vol Po 0$ b4-418 OR • v5 NOW, THEREFORE, Declarant hereby declares that all of the Property shall be held, sold, conveyed and occupied subject to the following easements, restrictions, covenants and conditions, all of which are for the purpose of enhancing and protecting the value, desirability and attractiveness of the Property as a mixed use Development. These easements, covenants, restrictions and conditions shall run with the Property and be binding on all parties having or acquiring any right, title or interest in the Property or any part thereof, their heirs, successors and assigns,and shall inure to the benefit of Declarant and each owner thereof. ARTICLE I DEFINITIONS .1 Association. "Association" shall mean and refer to Caprock Crossing Owners Association, Inc., its successors and assigns, a Texas nonprofit corporation formed by Declarant. 1.2 Areas of Common Responsibility, "Areas of Common Responsibility" shall mean those areas listed below in which the Association shall maintain,upkeep and repair: (a) Any open spaces or common areas as designated by the Plat or the City within the Development. (b)All landscaping,parking spaces, driveways,and other exterior features on all Parcels (exclusive of Improvements or other structures) including the repair and maintenance and replacement of existing landscaping, trees, shrubbery and foliage. (c)The detention area or areas shown on the Plat. (d)Areas designated as Public Ways,so long as they are owned by the Declarant CO Shared Freestanding Signs and Sign Easement Areas as designated by the Plat or other instruments. 1.3 Declarant. The term "Declarant' shall mean. Brazos Texas Land Development, L.L.C. and any party to whom it shall expressly assign in writing,its rights,powers,privileges and prerogatives hereunder. 1.4 City. "City" shall mean the City of College Station,Texas, 1.5 Lienholder, "Lienholder"or "Mortgagee" shall mean the bolder of a first mortgage Lien,either on any Parcel. 1.6 Parcel. "Parcel" or "Parcels" shall mean and refer to a portion of the Property designated as a Parcel on the Plat of the Property and including the streets, alleys, parking spaces and driveways and any Area of Common Responsibility located thereon. Page 2 of 20 Dec Bk Vol P o116441,8 OR 11505 ST gmai 1.7 Member. "Member" shall mean and refer to every person or entity that holds membership in the Association. The Declarant and each Owner shall be a Member in the Association, 1.8 Owner. "Owner" shall mean and refer to the record Owner, other than Declarant, whether one or more persons or entities, of a tee simple title to any Parcel, but shall exclude those having such interest merely as security for the performance of an obligation. However, the term "Owner" shall include any Lienholder or Mortgagee who acquires fee simple title to any Parcel which is a part of the Property. through deed in lieu of foreclosure or through judicial or nonjudicial foreclosure. 1.10 Ownership Unit. An "Ownership Unit' shall be equal to one (1.0) square foot of land(or any proportionate share of a square foot of land)measured out of the Parcels as shown and indicated on the Plat in acreage amounts by the surveyor who prepared the Plat, excluding any portion of a Detention Pond included within the boundaries of a Parcel. 1.11 Plat -Plat"shall refer to the final plat approved by the City for the Development, and any amendments thereto which is approved by the City. 1.12 Design Guidelines. "Design Guidelines" shall refer to Caprock Crossing Commercial and Multifamily Design Guidelines, as they may be prepared and amended by the Declarant,directly,or indirectly through the Committee. ARTICLE II PROPERTY RIGHTS Maintenance of Areas of Common Responsibility by the Declarant and the Association. Until Assessments are commenced as provided in Section 43 herein, the Declarant shall be solely obligated to maintain and improve the Areas of Common Responsibility, After Assessments are commenced, the Association will be solely obligated to maintain and improve the Areas of Common Responsibility in a prudent manner to enhance the safety, efficiency, functionality, security and appearance of the Development and shall have an easement on, over, and across any Parcel for the purpose of performing such maintenance and improvement. ARTICLE III ASSOCIATION MEMBERSHIP AND VOTING RIGHTS 3.1 Membership. Declarant, during the time it owns any Parcels, and each person or entity who is a record Owner of a fee or undivided fee interest in any Parcel shall be a Member of the Association. The foregoing is not intended to include persons or entities who hold an interest merely as security for the performance of an obligation. Membership shall be appurtenant to and may not be separated from any ownership of any Parcel which is subject to assessment by the Association. Transfer of ownership, either voluntarily or by operation of law, shall terminate such Owner's membership in the Association, and membership shall be vested pap 3 of 20 L F Bk Vol. 0116441$ OR 115 Xs 99 in the transferee; provided, however, that no such transfer shall relieve or release such Owner from any personal obligation with respect to assessments which have accrued prior to such transfer, 3.2 oting Rights. The Association shall have two classes of voting membership. (a) Class "A". The Class "A Members shall be all Owners except as provided in (h) below. The Class "A" Members shall be entitled to onevote (or a fraction of a vote) for each Ownership Unit owned. For example, if a Parcel is exactly one acre, consisting of 43,560 square feet, it shall have 43,560 votes. When more than one person or entity holds an interest in any Parcel, all such persons or entities shall be Members. The vote for such Parcel shall be exercised as they among themselves determine, but in no event shall more than one vote be cast with respect to any Ownership Unit, (b) Class "B". The Class "B" Member shall be Declarant. The Declarant shall be entitled to three votes (or portions of a vote) for each Ownership Unit it owns; provided, however, that Declarant shall cease to be a Class "B" Member and shall become a Class "A" Member entitled to one vote (or portion of a vote) per Ownership Unit on the expiration of fifteen (15) years from the recording date of this instrument in the Official Records of the County, or sooner, if "Declarants' surrenders Class "B" Membership by written notice to the Association(`the Declarant Control Period"). 3.3 No Cumulative Voti . At all meetings of the Owners' Association, there shall be no cumulative voting. Prior to all meetings, the Board of Directors shall determine the total number of votes outstanding and entitled to vote by the Members. 3.4 Association's Powers. In addition to the rights of the Association set forth in other sections of this Declaration, from and after the effective date of the transfer described in Article II hereof, the Association shall have the duty to enforce the covenants under this Declaration and maintain all Areas of Common Responsibility and shall have the right, power, and authority to do any act which is consistent with or required by provisions of this Declaration or the Bylaws, whether the same be expressed or implied, including but not limited to the following: (a) The power to levy and collect Assessments (as hereinafter defined), of whatever nature for the maintenance, repair or replacement of the Areas of Common Responsibility existing on the Property and for such other purposes as are herein provided; (b) The power to keep accounting records with respect to the Association's activities; (c) The power to contract with and employ others for maintenance and repair,and (d) The power to adopt rules and regulations concerning the operation of the Association and the Areas of Common Responsibility. Page 4 of 20 01164418 OR 11505 100 Notwithstanding the foregoing, prior to the effective date of the transition described in Article II hereof,the Declarant shall have and be vested with the duties and powers of the Association which are referenced above. 3.5 Suspension of Voting Rights. In the event that any Member shall have failed, following thirty (30) days written notice from the Declarant or the Association, to pay any Assessment when due, in addition to any other remedy set forth in this Declaration, the voting rights of such Member shall be suspended until such time that the Member shall have paid its proportionate share of all Assessments in full, subject to any statutory requirements adopted by the State of Texas with regard to property owners associations in commercial developments, if any. The suspension of a Member's voting rights under this paragraph shall occur notwithstanding the fact that the Member may, in good faith, be contesting the payment of the delinquent Assessments. ARTICLE IV ASSESSMENTS,MAINTENANCE FUND AND ASSESSMENT LIENS 4.1 Creation of the Lien and Personal Obligation of Assessments. Each Owner of any Parcel,by acceptance of a deed therefore,whether or not it shall be expressed in any such deed or other conveyance, covenants and agrees to pay to the Association: (i) annual assessments or charges, to be paid monthly as provided for herein or by the rules and regulations of the Association, and (ii) special assessments for capital Improvements. Such assessments (collectively, the "Assessments") are to be fixed, established and collected as provided herein. Assessments, together with such interest thereon and costs of collection thereof, as hereinafter provided, shall be a charge on the Parcel and shall be secured by a continuing Lien which is hereby created and impressed for the benefit of the Association upon the Parcel against which each such Assessment is made. Each such Assessment, together with such interest costs and reasonable attorney's fees shall also constitute a personal obligation of the person or entity which was the record Owner of such Parcel at the time of the Assessment. The personal obligation for delinquent Assessments shall not pass to successors in title unless expressly assumed by such successors; however, the lien upon the Parcel shall continue as a valid and subsisting lien until the Assessment is paid. 4.2 Purpose of Assessments. The Assessments levied by the Association shall be used exclusively for the purpose of promoting the health, safety,efficiency,functionality and welfare of the Owners of the Parcels, the improvement and maintenance of the Areas of Common Responsibility and any other property owned by the Association, the construction and maintenance of any signs, advertisements or displays located in the Areas of Common Responsibility, and the performance and/or exercise of the rights and obligations of the Association arising hereunder. Assessments shall include, but not be limited to, funds to cover actual Association costs (including reasonable reserves) for all taxes, insurance, repair, replacement, maintenance and other activities as may from time to time be authorized by the Board of Directors; legal and accounting fees, and any fees for management services; expenses Page 5 of 20 i 01110111111, Doge Bk Val Ps 01164418 OR 11505 101 i` 11` incurred in complying with any laws, ordinances or governmental requirements applicable to the Association or the Property; reasonable replacement reserves and the cost of other facilities and service activities, including, but not limited to, mowing grass, grounds care, street repair, easement repair and construction, parking area construction and repair, sprinkler system, landscaping, and other charges required or contemplated by this Declaration and/or that which the Board of Directors of the Association shall determine to be necessary to meet the primary purpose of the Association, including the establishment and maintenance of a reserve for repair, maintenance,taxes and other charges as specified herein. 4.3 Basis and Maximum of Annual Assessments (a) Commencing October 1, 2013, the regular maximum annual Assessment shall be in an amount per Ownership Unit to be determined by the Declarant, subject, however, to the provisions herein for annual increases. At such time that the regular maximum annual Assessment has been determined by the Declarant, the amount of such Assessment shall be recorded in the books and records of the Association, (b) From and after October 1, 2013, the maximum regular annual assessment may be increased or decreased in the sole discretion of the Board of Directors. 4.4 Special Assessments. In addition to the regular annual Assessment 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 costs incurred by the Association pursuant to the provisions of this Declaration, provided that any such Assessment shall have the prior written approval of at least a simple majority of the outstanding votes (determined pursuant to Section 3.2 hereof) held by the Members at a meeting at,which a quorum is present. Any Special Assessments shall be prorated based on the period of time the Owner owns the Parcel during such year, 4.5 Notice and Quorum for anv Action Authorized Under Sections 4.3 and 4.4. Written notice of any meeting called for the purpose of taking any action authorized under Sections 4.3 and 4.4 hereunder shall be given to all Members not less than ten (10) days nor more than twenty(20) days in advance of such meeting. At such meeting, the presence of Members or of written proxies entitled to cast sixty percent (60%) of all the votes entitled to be cast by the Members of the Association shall constitute a quorum. if the required quorum is not present, another meeting maybe called subject to the same notice requirements and the required quorum at the subsequent meeting shall be one-half (1/2) of the required quorum at the preceding meeting. 4,6 Uniform Rate of Assessment. Both the regular annual and Special Assessments shall be fixed at a uniform rate for all Ownership Units, and shall commence and be due in accordance with the provisions of Section 4.7 hereof. Except as provided below, each Owner shall pay one hundred percent (100%) of the established Assessment for the Owner's Parcel (based on the number of Ownership Units). Declarant shall pay ten percent (10%) of the established Assessment for each Parcel it owns (based on the number of Ownership Units) which is not improved with a completed structure. Doc Bk Vol P9 01164418 OR 11505 102 ote_ • • 4.7 Date of Commencement of Annual Assessments:Due Dates. (a) The obligation to pay regular annual assessments on an annual basis as provided for herein shall commence no earlier than October 1, 2013. The Assessments shall then be due on such payment dates as may be established by the Association. Assessments shall be due and payable on an annual basis unless otherwise designated by the Association. (b) As long as Declarant is a Class "B" Member pursuant to Section 3.2 hereof, Declarant shall pay the deficiency resulting in the event the cost of maintenance exceeds the amount of the Assessments received from the Owners; provided, however, in such event. Declarant shall not otherwise be required to pay Assessments with respect to portions of the Property owned by Declarant and further, provided, however, in no event shall Declarant be required to pay an amount which is in excess of one hundred percent(100%) of the established Assessment for each Parcel it owns. When the Declarant is converted to a Class "A" Member, the Declarant (I) shall no longer be responsible for contributing shortfalls outlined in the preceding sentence but rather, (II) shall commence making regular annual and Special Assessments pursuant to Sections 4.3 and 4.4 hereof calculated on the number of Parcels Declarant then owns(based on the number of Ownership Units). (c) The Association shall fix the amount of the annual Assessment at least thirty days in advance of each Assessment year,which shall be the calendar year,provided.however,that the Association shall have the right to adjust the regular annual Assessment upon thirty days written notice given to each Owner, as long as any such adjustment does not exceed the maximum permitted pursuant to Section 4 hereof Written notice of the regular annual Assessment shall be given as soon as is practicable to every Owner subject thereto. The Association shall,upon demand at any time, furnish a certificate in writing signed either by the President, Vice President or the Treasurer of the Association setting forth whether the annual and Special Assessments on a specified Parcel have been paid and the amount of any delinquency. Such certificates shall be conclusive evidence of payment of any Assessment therein stated to have been paid. (d) No Owner may exempt himself from liability for Assessments by waiver of the use or enjoyment of any portion of the Development or by abandonment of his Improvement. 4.8 Effect of Non-Payment of Assessments, Remedies of the Association. (a) All payments of the Assessments shall be made to the Association at its principal place of business in Brazos County, Texas, or at such other place as the Association may otherwise direct or permit. Payment shall be made in full regardless of whether any Owner has any dispute with Declarant, the Association, any other Owner or any other person or entity regarding any mailer to which this Declaration relates or pertains. Payment of the Assessments Page 7 of 21) 11111111111. 4,:41 W§4.4 s 01164418 OR 11505 taz 9e _ ak VQ shall be both a continuing affinnanve covenant personal to the Owner and a continuing covenant running with the Parcel. (b) Any Assessment provided for in this Declaration which is not paid when due shall be delinquent. If any such Assessment is not paid within thirty (30) days after the date of delinquency, the Assessment shall bear interest from the date of delinquency (with no notice required to be given), until paid, at the rate of ten percent (10%) per annum or the maximum rate allowed by law, whichever is the lesser. The Association may, at its option, bring an action at law against the Owner personally obligated to pay the same, or, upon compliance with the notice provisions hereof, foreclose the lien against the Parcel as provided in Subsection 4.8(d) hereof. There shall be added to the amount of such Assessment the costs of preparing and filing the complaint in such action, and in the event a judgment is obtained, such judgment shall include said interest and a reasonable attorney's fee, together with the costs of action. Each Owner vests in the Association or its assigns, the right and power to bring all actions at law or in equity foreclosing such Lien against such Owner, and the expenses incurred in connection therewith, including interest, costs and reasonable attorney's fees shall be chargeable to the Owner in default. Under no circumstances, however, shall Declarant or the Association be liable to any Owner or to any other person or entity for failure or inability to enforce any Assessments. (c) No action shall be brought to foreclose said Assessment Lien or to proceed under the power of sale herein provided in less than thirty(30)days after the date a notice of claim of lien is deposited with the postal authority, certified or registered, postage prepaid, to the Owner or said Parcel, and a copy thereof is recorded by the Association in the Office of the County Clerk of the County; said notice of claim must recite a good and sufficient legal description of any such Parcel, the record Owner or reputed Owner thereof, the amount claimed (which may, at the Association's option, include interest on the unpaid Assessment at the maximum legal rate, plus reasonable attorneys fees and expenses of collection in connection with the debt secured by said lien),and the name and address of the Association. (d) Any such sale provided for above is to be conducted in accordance with the provisions applicable to the exercise of powers of sale in mortgages and deeds of trust, as set forth in Section 51.002 of the Property Code of the Stale of Texas (as it may be amended from time to time), or in any other manner permitted by law. Each Owner, by accepting a deed to a Parcel,expressly grants to the Association a power of sale as set forth in said Section 51.002 of the Property Code, in connection with the Assessment Lien. The Association, through duly authorized agents, shall have the power to bid on the Parcel at foreclosure sale and to acquire and hold,lease,mortgage and convey the same. (e) Upon the timely curing of any default for which a notice of claim of lien was filed by the Association, the officers of the Association are hereby authorized to file or record, as the case may be, an appropriate release of such notice, upon payment by the defaulting Owner of a fee, to be determined by the Association but not to exceed the actual cost of preparing and filing or recording the lien and the release. The Assessment lien and the right to a foreclosure sale hereunder shall be in addition to and not in substitution of all other rights and remedies which Pogo 8.of 20 Doc Bk Vol Po 01144418 OR 11505 104 , • the Association and its successors or assigns may have hereunder and by law, including the right of suit to recover a money judgment for unpaid Assessments,as above provided. 4.9 Subordination of Lien to First Mortgages. The lien securing the Assessments provided for herein shall be expressly subordinate to the lien of any purchase money first lien mortgage on any Parcel, The sale or transfer of any Parcel shall not affect the Assessment lien. No sale or transfer shall relieve such Parcel from liability for any Assessment thereafter becoming due in accordance with the terms herein provided. 4.10 Management Agreements, The Association shall be authorized to enter into management agreements with third parties in connection with the operation and management of the development and the performance of its obligations hereunder. A copy of all such agreements shall be available to each Owner. Any and all management agreements entered into by the Association shall provide that said management agreement may be canceled with or without cause and without penalty by either party with thirty (30) days written notice. Any and all management agreements shall be for a term not to exceed one year and shall be made with a professional and responsible party or parties with proven management skills and experience managing a project of this type. The Association may, at its discretion, assume self management of the development by the Association, 4.11 Insurance Requirements, The Association may obtain insurance policies covering the Areas of Common Responsibility and any open spaces and covering all damage or injury caused by the negligence of the Association, any of its employees, officers, directors and/or agents, including, but not limited to commercial, general liability insurance, directors and officers liability insurance, and such other insurance as the Association may from time to time deem necessary or appropriate. ARTICLE V ARCHITECTURAL CONTROL COMMITTEE Si Appointment of Members. The Declarant shall appoint an Architectural Control Committee (the "Committee"), which shall consist of three Members who may be affiliated with Declarant. All matters before the Committee shall be decided by majority vote of its members. After the earlier of fifteen (15) years, or the completion of improvements on all available Parcels, the Association shall assume all of the rights and powers of the Committee. In the event of death, incapacity or resignation of a member of the Committee,the successor for such member shall be appointed by the majority of the remaining members of the Committee if before the above date and by the Association if after such date. The Committee shall have the authority,at Association expense, to contract with architects,engineers, landscape designers, or other experts to assist the Committee in the performance of its duties at the Committee's reasonable discretion. 5.2 Submission of Plans to Architectural Control Committee. No building, fence, wall, parking area, pole, mailbox, driveway, fountain, pond, sign, exterior color or shape, or new or modification of the structure shall be commenced, erected or maintained upon any Parcel after Page 9 of 20 Doe Bk Vol Pg 01164418 OR 11BOS 105 ° i/o •• the purchase of any Parcel from Declarant, nor shall any exterior addition to or change or alteration therein be made until the plans and specifications showing the nature, kind, shape, height, materials and location of the same are submitted to and approved by the Committee. Plans and specification shall be submitted to the Committee in accordance with the Design Guidelines. Plans must be submitted which are prepared by professional architects, engineers, landscape architects, or other licensed professionals, for each submitted set of plans or specifications. A copy of the above described plans and specifications may be retained by Declarant, 53 Approval of Plans. Approval of Plans by the Committee shall be made in accordance with the Design Guidelines. •The judgment of the Committee in this respect in the exercise of its sole and absolute discretion shall be final and conclusive and the Owner shall promptly correct the plans and specifications (if disapproved) and resubmit them for approval. No construction, alteration, change or modification shall commence until approval of the Committee is obtained. The Committee may approve any deviation from these covenants and restrictions as the Committee, in its sole and absolute discretion, deems consistent with the purpose hereof No member of the Committee shall be liable to any Owner for any claims, causes of action or damages arising out of the denial of any submittal or grant of any deviation to an Owner. Future requests for deviations submitted hereunder shall be reviewed separately and apart from other such requests and the grant of a deviation to any Owner shall not constitute a waiver of the Committees rights to strictly enforce the Declaration and the architectural standards provided herein against any other Owner.Approval by the Committee of the plans and specifications or its determination that the completed construction or modification has been constructed in accordance with the plans and specifications shall be deemed to be an acknowledgment by the Committee that such are in accordance with this Declaration and such acknowledgment shall be binding against the Owners of the Parcels and the Property. 5,4 Committee Members' Liability, Neither the Declarant, the Association, the Board, the Committee nor any employees, officers, directors or members thereof shall be liable for damages or otherwise to anyone submitting plans and specifications for approval or to any Owner affected by this Declaration by reason of mistake of judgment, negligence or nonfeasance arising out or in connection with the approval or disapproval or failure to approve or disapprove any plans or specifications. Any errors in or omissions from the plans of the site plan submitted to the Committee shall be the responsibility of the Owner of the Parcel to which the Improvements relate, and the Committee shall have no obligation to check for errors in or omissions from any such plans, or to check for such plans' compliance with the general provisions of this Declaration, City codes, state statutes or the common law, whether the same relate to Parcel lines,building lines,easements or any other issue. ARTICLE VI CONSTRUCTION OF IMPROVEMENTS AND USE OF PARCELS 6.l Busieess Use, The Property shall be used for any and all business purposes which are not prohibited by the applicable zoning regulations of the City of College Station, Brazes County,Texas. Page 10 of2d Doc Pk Vol P9 01164418 OR 11,05 106 j. t. * 6.2 Restrictions on Redevelopment. No Parcel shall be subdivided, except by Declarant. 6.3 Driveways. All driveways shall be surfaced with concrete. 6.4 Uses Specifically Prohibited. (a) No temporary dwelling, shop, trailer or manufactured structure of any kind, or any improvement of a temporary character (including greenhouses, gazebos and buildings for storage) shall be permitted on any Parcel except that the builder or contractor may have temporary improvements (such as a sales office and/or construction trailer) on a specifically permitted Parcel during construction of the building on that Parcel. No building material of any kind or character shall be placed or stored upon the Property until construction is ready to commence,and then such material shall be placed totally within the properly lines of the Parcel upon which the Improvements are to be erected, or on a specifically permitted portion of the Area of Common Responsibility. (b) No boat, marine craft, hovercraft, aircraft, recreational vehicle, pick-up camper, travel trailer, motor home, camper body, utility trailer, cattle trailer, poultry trailer, livestock trailer,junk car, R.V. (recreational vehicle), ATV(all terrain vehicle), 4-wheelers, 3-wheelers, utility vehicles, boat trailer, or similar vehicle or equipment or vehicles may be parked for storage on any part of any Parcel or parked on any public or private street on the Property. This restriction shall not apply to any vehicle, machinery or equipment temporarily parked while in use for the construction,maintenance or repair of a building in the Development, (c) No vehicle of any size which transports flammable or explosive cargo may be kept on the Property at any time,except delivery vehicles used in the ordinary course of business for any Parcel owner. (d) No oil drilling, oil development operation, oil refining, quarrying or mining operations of any kind shall be permitted in or on the Property, nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon or in any part of the Property. No derrick or other structure designed for use in quarrying or boring for oil, natural as or other minerals shall be erected,maintained or permitted on the Property. (e) No animals, livestock or poultry of any kind shall be raised, bred or kept on the Property,except in conjunction with a veterinary clinic. (f) No Parcel or other area of the Property shall be used as a dumping ground for rubbish or accumulation of unsightly materials of any kind, including without limitation, broken or rusty equipment, disassembled or inoperative cars and discarded appliances and furniture. Trash, garbage or other waste shall not be kept except in sanitary containers. All containers fear the storage or other disposal of such material shall be kept in clean and sanitary condition. Materials incident to construction of improvements may only be stored on Parcels during construction of the improvement thereon. Page ii o120 arm Doc Bk Vol PO 01164418 OR 1150.5 107 (g) No individual water supply system shall be permitted on any Parcel. (h) No individual sewage disposal system shall be permitted on any Parcel. (1) No air-conditioning apparatus shall be installed on the ground in front of a building. No air conditioning apparatus shall be attached to any front wall or window of a building. No evaporative cooler shall be installed on the front wall window of a building. (j) Except with the written permission of the Committee, no antennas, satellite dishes larger than 36 inches in diameter or other equipment for receiving or sending sound or video signals shall be permitted in or on the Property. Any permitted antennas, satellite dishes, or equipment shall be screened from view from public streets or reciprocal or shared access easements, (k) No wath hedge or shrub planting which obstructs sight lines at an elevation between three and six feet above the roadway shall be placed or permitted to remain on any corner Parcel within the triangular area formed by the street or access easement boundary lines, or in the case of a rounded property corner, from the intersection of the street or access boundary lines as extended. The same sight-line limitations shall apply on any Parcel within that area that is ten feet from the intersection of a street or access easement boundary line with the edge of a private driveway or alley pavement. No tree shall be permitted to remain within such distance of such intersections unless the foliage line is maintained at a minimum height of six feet above the adjacent ground line. Fences shall not be allowed except as provided in Section 6.11 and the Design Guidelines. (1) No building previously constructed elsewhere shall be moved onto any Parcel, it being the intention that only new construction be placed and erected on the Property. (m) Within those easements on each Parcel as designated on the Plat of the Development or in this Declaration, no improvement, structure, planting or materials shall be placed or permitted to remain which might damage or interfere with the installation, operation and maintenance of public utilities, or which might alter the direction of flow within drainage channels or which might obstruct or retard the flow of water through drainage channels. The general grading, slope and drainage plan of a Parcel as established by the Declarants approved development plans may not be altered without the approval of the City and/or other appropriate agencies having authority to grant such approval. . (n) Other than (1) signs or displays constructed and maintained by the Association for use by all Owners and tenants, (it) signs attached to the exterior wall of any structure which comply with the then existing College Station sign ordinance, or (iii) other signs or displays approved by the Committee, no sign, advertising or display of any kind may be constructed, erected or maintained on the Property. The following is a list of signs and sign elements which may not be used within the development: 1. Temporary trailer or other portable signs. page 12 ar2a Doc Bk Vol Psi 01164418 OR 11505 108 P 2. Animated,oscillating or flashing signs. 3. Iridescent painted signs. 4. Neon,fluorescent,or incandescent illumination. 5. Dayglo colors 6. Signs which make or create noise. 7 Freestanding pole signs except those classified as directional or informational signs or otherwise approval by the Committee. 8. Life-size or super life-sized figures of people, animals or logos unless approved by the Committee as part of a public or private outdoor art exhibit, which may be temporary or permanent in nature. 9. Billboards or other off-premise signs,except temporary construction signs. 10. Any other sign judged by the Committee to be inconsistent with the intent of the guidelines. Notwithstanding anything herein to the contrary, all exterior signs, advertisements or displays must be approved in advance by the Committee, (o) No burning of anything shall be permitted anywhere on the Property. 6.7 Minimum Floor Area. The total area of each improvement, as measured to the outside of exterior walls, shall be not less than 1,750 square feet or the minimum floor area, as specified by the City,whichever is greater. 6.8 Building Materials. All building materials must meet the guidelines established by the Committee,in accordance with the Design Guidelines. 6.9 Setback Requirements. All building setbacks must meet the guidelines established by the Committee,in accordance with the Design Guidelines and the setbacks designated by the City of College Station.. 6.10 Waiver Of Setback Requirements. With the written approval of the Committee and subject to plat and zoning restrictions, any building may be located further back from the front property line of a Parcel than provided above,where, in the opinion of the Committee,the proposed location of the building will enhance the value and appearance of the Parcel and will not negatively impact the appearance of adjoining Parcels. Page 13 of 20 Doe Bk Vol Pa. 01164418 t 11505 109 I 6.11 Fences and Walls. Except as provided in the Design Guidelines, fences and walls are not allowed on the Property, unless approved by the Committee, which approval may be denied for any reason: 6.12 Sidewalks, All walkways along public right-ofways shall conform to the minimum property standards oldie City. 6.13 Garbage Disposal. All trash and refuse must be kept in a closed container and kept within an enclosed area so that the containers are not visible from the street or other Parcels and buildings. If the trash is in a commercial size dumpster, the storage area must be enclosed by a minimum six (6) foot high wall constructed in such a manner to be similar in stone building material and be compatible with the improvement. The enclosure gate must be kept closed at all times when trash is not being deposited or removed. 6.14 Landscaping, Initial landscaping may be provided by Declarant in Declarant's discretion along the State Highway 6, State Highway 40 and Arrington Road frontage and along therear boundaries. Thereafter, the landscaping of the Property shall be done under the supervision of the Association and the Architectural Control Committee and the intention is that it be uniform in appearance. All landscaping plans must be approved in advance by the Committee,and shall comply with City of College Station ordinances. (a) Each Parcel Owner's share of the landscaping expense on any particular Parcel will be the Owner's responsibility. (b) All Parcels will have an irrigation system adequate to service the lawn, plants and trees, and all grass shall be common Bermuda or other species pre-approved in writing by the Committee. 6.15 General Maintenance of Paceei Following completion of any improvements upon any Parcel, each Owner shall maintain and care for the improvement in good condition and repair and in conformity with the general character and quality of properties in the immediate area, such maintenance and repair to include but not be limited to: (i) the replacement of worn or rotted components, (ii) the regular painting of ail exterior surface, (iii) the maintenance, repair and replacement of roofs, rain gutters, down spouts, exterior walls, windows,doors, areas and other exterior portions of the improvements to maintain an attractive appearance. Upon failure of any Owner to maintain an improvement owned by him in the manner prescribed herein, the Declarant or the Association, or either of them, at its option and discretion, but without any obligation to do so, but only after thirty (30) days written notice to such Owner to comply herewith, may enter upon such Owner's Improvement and undertake to maintain and care for such Improvement to the condition required hereunder. The Owner thereof shall be obligated, when presented with an itemized statement, to reimburse said Declarant and/or Association for the cost of such work within ten(10)days after presentment of such statement. This provision, however; shall in no manner be construed to create a lien in favor of any party on any Improvement for the cost or charge of such work or the reimbursement for such work. Notwithstanding anything herein to the contrary, prior to entry into an Improvement by the Declarant or the Association, the owner or occupant of such Page 14 ot 20 Vol 1-`• 1164418 R 1I505ItU Vol Improvement shall be given twenty-four (24) hours notice of such intended entry, and a reasonable opportunity to be present during such entry, and further, unless otherwise consented to by the owner or occupant of an Improvement, the Declarant or the Association may only enter an Improvement for the purposes described herein during regular business hours. 6.16 Construction of Parking Facilities, Sidewalks and Driveways. Except for the Mutual Access Easements created by Declarant in Declarant's sole discretion,each Owner shall be in charge of the construction and maintenance of all required parking facilities, sidewalks and driveways on that Owner's Parcel necessary for the occupancy of any Improvement. ARTICLE VII GENERAL PROVISIONS 7.1 Easements. Private easements and Public Ways for ingress, egress, and parking is reserved as shown on the attached plat labeled Exhibit -A-, and said ingress, egress, and parking easement shall inure to the benefit of each Parcel. The Declarant and the Association reserves the right to file an amended Plat which specifies the boundaries of the easement for ingress, egress, and parking. Easements for the installation and maintenance of utilities and drainage facilities are reserved as shown on the attached Plat. Easements are also reserved for the installation, operation, maintenance and ownership of utility service lines from the property lines to the building, Declarant reserves the right to make changes in and additions to the above-referenced easements for the purpose of most efficiently and economically installing Improvements to the Parcels. 7.2 Mutual Access Easements. The general purpose of the easements provided for herein is to provide ingress and egress to State Highway No. 6, State Highway 40, and Arrington Road, College Station, Texas for all Parcels located in Caprock Crossing,as follows: (a) The Declarant's and Owners'Parcels will serve and benefit from the easements. (b) Declarant, in order to preserve and provide orderly and beneficial use, occupancy, and ownership of all the Parcels in Caprock Crossing, hereby declares and creates easements over and across all Parcels in Caprock Crossing for the benefit of all Parcels in Caprock Crossing by providing access to State Highway No. 6, State Highway 40, and Arrington Road, College Station, Texas, and creates a covenant that runs with the land, together with all and singular the rights and appurtenances thereto in any way belonging, to have and to hold the easement, rights, and appurtenances to the current or future Owners of all Parcels in Caprock Crossing, their heirs, successors,and assigns forever. The easements, rights and appurtenances hereby created are referred to herein as the "Easements". The Easements are only those identified and located on the Plat,or in such other documents appearing of record that Declarant or the Association may hereafter file in the County Clerk's office. (c) Terms and Conditions: The following terms and conditions apply to the Easements declared herein: Page 15 of 20 Ammusimor __ Doc 0k Vol P9 01164418 OR 11505 111 • .. ;° 1. Character of Easements, The Easements are appurtenant to and run with the Parcels, and portions thereof, whether or not the Easements are referenced or described in any conveyance of the Parcels or any portion thereof, and the Easements are for the benefit of Declarant and the Owners, and the successors and assigns of Declarant and the Owners, who at any time own the Parcels or any interest therein. 2. Duration of Easements. The duration of the Easements is perpetual. 3. Nonexciusiveness of Easements. The Easements are reciprocal, shared and nonexclusive, and may be used in conjunction with other Owners. 4. Use of Easements. Owners, employees, and, guests and other invitees will not be entitled to park on any part of the Easements, 5. Maintenance of Easements. All access ways and driveways of the Easements will be maintained by the Association after their initial construction. 6. Negligent or Intentional Damage of Easements. If any Owner's employees, guests, contractors or other invitees cause damage to any of the driveways of the Easements located on the Parcels, either negligently or intentionally, said Owner shall be responsible for the costs of the repair to the Association. 7. Lienholder Subordination. The right of any mortgagee or other lienholder on the Property shall be subordinate to the Easements. 7.3 Enforcement, The Declarant or 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, the By Laws and Articles of Incorporation. 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. With respect to any litigation hereunder, the prevailing party shall be entitled to recover reasonable attorney's fees.from the non-prevailing party. 74 Severability. If any condition, covenant or restriction herein contained shall be invalid, which invalidity shall not be presumed until the same is determined by the final judgment or order of a court of competent jurisdiction, such invalidity shall in no way affect any other condition, covenant or restriction,each of which shall remain in full force and effect. 7.5 Term. The covenants and restrictions of this Declaration shall run with and bind the Property, and shall inure to the benefit of and be enforceable by Declarant (during the time it owns any Parcels), the Association, or the Owner of any Parcel subject to this Declaration, their respective legal representatives,heirs, successors and assigns, for a term of fifty(SO)years from the date this Declaration is recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years, subject to the terms of Section 7.6. Page 16 of 20 Doc 8k Vol P 01164418 OF 11505 112 Bk 1 r 7.6 Amendment, This Declaration may be amended or modified during the Declarant Control Period by the Declarant,acting alone,and thereafter, by a vote of the Members holding at least sixty- seven percent (67%)of the outstanding votes(determined pursuant to Section 3.2 hereof) at a meeting at which a quorum is present. If the proposed amendment involves a modification of any of the Associations agreements, covenants or restrictions pertaining to the use, maintenance, operation, maintenance and/or supervision of any Areas of Common Responsibilities, such amendment shall conform to existing City of College Station ordinances. Any and all amendments, if any, shall be recorded in the office of the County Clerk of Brazos County, Texas. Notwithstanding the foregoing, Declarant at any time shall have the right to execute and record amendments to this Declaration without the consent or approval of any other party if the sole purpose of the amendment is for the purpose of correcting technical errors or for purposes of clarification. 7.7 Gender and Grammar. The singular wherever used herein shall be construed to mean the plural when applicable, and the necessary grammatical changes required to make the provisions hereof apply either to corporations or individuals, men or women, in all cases shall be assumed as though fully expressed in each case. 7.8 Remedies. Enforcement of these covenants and restrictions shall be by any proceeding at law or in equity, including, without limitation, an action for injunctive relief, it being acknowledged and agreed that a violation of the covenants, conditions and restrictions contained herein could cause irreparable injury to Declarant and/or the other Owners and that the Declarants and/or the other Owner's remedies at law for any breach of the Owners' obligations contained herein would be inadequate. Enforcement may be commenced by the Association, the Declarant, the City, or any Owner against any person or persons violating or attempting to violate them, and failure by the Association, the Declarant or 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. The rights created herein are unique and enforceable by specific performance. 7.9 Notices to Member/Owner. Any notice required to be given to any Member and/or Owner under the provisions of this Declaration shall be deemed to have been property delivered forty-eight (48) hems after deposited in the United States Mail, postage prepaid, certified or registered mail, and addressed to the last known address of the person who appears as Member or Owner cm the records of the Association at the time of such mailing. 7,10 Headings. The headings contained in the Declaration for reference purposes only and shall not in any way affect the meaning or interpretation of this Declaration. Words of any gender used herein shall be held and construed to include any other gender and words in the singular, shall be hold to include the plural and vise versa unless the context requires otherwise. 7.11 Inspection of Documents, Books and Records. Management and governance of the Association shall be implemented and/or undertaken in accordance with its Articles of Incorporation and Bylaws,and in accordance with this Declaration.The Association shall make available copies of the Declaration, Bylaws, Articles of incorporation, rules and regulations governing the Association as well as the books, records and financial statements of the par 17 of 20 i nom Bac Bk Vol P9 41064411 OR 11505 113 ,k V. Association for inspection by Owners or any Lienholder during regular business hours or other reasonable times,or as required by law. 7.12 Indemnity. The Association shall indemrti l"y, defend and hold harmless the Declarant, the Board, the Committee and each director, officer, employee and agent of the Declarant, the Board, and the Committee from all judgments,gments, ptrttaalties (including excise and similar taxes), fines, settlements and reasonable expenses(including attorneys'fees) incurred by such indemnified person under or in connection va.ith the Declaration or the Property to the fullest extent permitted by applicable law, Such indemnity to include matters arising as a result of the sole or concurrent negligence of the indemnified party, to the extent permitted by applicable law.. 713 Failure of Declarant or Association to Perform Duties. Should the Declarant or the Association fail to carry out its duties as specified in this Declaration, the City or its lawful agents shall have the right and ability, after due notice to the Declarant or the Association, to remove any landscape systems, features or elements that are the responsibility of and cease to be maintained by the Declarant or the Association. If either party fails to do so in compliance with any of the provisions of this Declaration or of any applicable City codes or regulation,the City may assess the Declarantor the Association for all costs incurred by the City in performing said responsibilities. The City may avail itself of any other enforcement actions available to the City pursuant to state law or City codes and hold harmless the City from any and all costs, expenses, suits, demands, liabilities or damages, including attorney's fees and costs of suit,incurred or resulting from the City's removal of any landscape systems,features or elements that cease to be maintained by the Declarant or the Association or from the City's performance of the aforementioned operations, maintenance or supervision responsibilities of the Declarant's or the Association's failure to perform said duties. The obligations described in this paragraph are solely obligations of the Association ( and the Declarant if the Declarant remains so obligated),and no other party, including without limitation, the Declarant(assuming the Declarant is no longer so obligated) or any Owner, shall have any liabilities or obligations in connection therewith.; 7.14 Binding Effect. Each of the conditions, covenants, restrictions and agreements herein contained is made for the mutual benefit of, and is binding upon,each and every person. acquiring any part of the Property, it being understood that such conditions, covenants, restrictions and agreements are not for the benefit of the Owner of any land except land in the Development. This Declaration, when executed, shall be filed of record in the Real Property Record of the County so that each and every Owner or purchaser of any portion of the Development is on notice of the conditions, covenants, restrictions and agreements herein contained, 7.15 Plat: Other Authorities. All dedications, limitations, restrictions and reservations that are shown on the Plat are deemed to be incorporated herein and shall be construed as being adopted in each contract, deed or conveyance executed or to be executed by the Declarant, conveying the Parcels, whether specifically referred to therein or not. If other authorities, such as the City or the County, impose more demanding, expensive, extensive or restrictive requirements than those that are set forth herein(through zoning or otherwise),the requirements Past 18 ofn Doc Bk Vol P9 0116441a OR 11505 114 -• .. •- I - ' of such authorities shall be complied with. Other authoritiesimposition of lesser requirements than those that are set forth herein shall not supersede or diminish the requirements that are set forth herein. 7.16 No Warranty of Enforceability. While the Declarant has no reason to believe that any of the restrictive covenants or other terms or provisions contained in this Declaration are or may be invalid or unenforceable for any reason or to any extent, Declarant makes no warranty or representation as to the present or future validity or enforceability of any such restrictive covenants. Any Owner acquiring a Parcel in the Development in reliance on one or more of such restrictive covenants, terms or provisions shall assume all risks of the validity and enforceability thereof and,by acquiring the Parcel,agrees to hold Declarant and the Association harmless therefrom. The Declarant shall not be responsible for the acts or omissions of any individual,entity or other Owners. 7.17 Right of Enforcement. The failure by Declarant (including its assigns per Article 1.3) or the Association to enforce any provision or this Declaration shall in no event subject Declarant or the Committee to any claims, liability, costs or expense;it being the express intent of this Declaration to provide Declarant with the right(such right to be exercised at its sole and absolute discretion), but not the obligation to enforce the terms of this Declaration for the benefit of any Owner(s)of any Parcel(s)in the Development. CORRECTION - This instrument is refiled as a correction of the instrument recorded in Volume 11473, Page 232, Official Records, Brazos County, Texas, in order to correct the legal description of the Property, to exclude Lot 4, Block 1, and Lot 2, Block 3, Caprock Crossing Subdivision from the Property subject to the Declaration. IN WITN1 S WHEREOF, thç urdersigned, being the Declarant herein, has hereto set its hand this the day of ,i,., ,2013. BRAZOS TEXAS LAND DEVELOPAaM L.L.C. Illira Texas limited liabilit corn.any 0 ....... Salim M. Ismail, Managing Member Page 19o(20 Dec 0k Vol P 011 4418 OR 11505 115 1 Vra '. THE STATE OF TEXAS COUNTY OF BRAZOS Thi i strurnent was acknowledged before me on this LL day of clriti , 2013, by Salim M. Ismail, Managing Member of BRAZOSE LAND DEVELOPMENT, L.L.C,a Texas limited liability company, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged. to me that (s)he has executed the same for the purposes and consideration therein expressed on behalf of said corporation. a Notary Public, State of Texas 1 ,. _ E ENNIAWILKINS 4 1 P Soo of Tea ' Mty IL O10 WCIADECLARATIONSICAPROCK CRoss1NQ:do Re—Ur A —I CULLY LIPSEY HOELSCHER LIPSEY&ELMORE 1 021 UNIVERSITY DRIVE E COLLEGE STATION TX 77840 6I— (\ .1 page 2Oale