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THE STATE OF TEXAS
COUNTY OF BRAZOS
DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS
OF
THE VILLAS AT SUMMIT CROSSING
9
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0105:,296 Ofi: 9523 11K
This DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS OF THE VILLAS AT SUMMIT
CROSSING (the "Declaration"), is made effective as of the`'`1day of March, 2010, by Monte Verde
Development, Inc., a Texas Corporation, (hereinafter sometimes referred to as "Declarant").
Declarant is the owner and developer of certain residential Lots and other parcels within a tract of land
now or hereafter commonly known and described as The Villas at Summit Crossing, (which lots are more
particularly described on the plat of Summit Crossing Phase I, an addition to the City of College Station,
Texas, according to plat recorded in Volume 9490, Page 296, Official Records of Brazos, County, Texas);
and which land subject to this Declaration is part of a 22,809 acres tract of land described in Exhibit "A",
attached hereto and made a part hereof. Declarant desires to establish and implement plans for
residential living, recreation, aesthetic and quality -of -life considerations, The purposes of this
Declaration are to: protect the Declarant and the Owners against inappropriate development and use of
Lots within the Subdivision; provide use, maintenance and repair of compatibility of design of
improvements within the Subdivision; secure and preserve sufficient setbacks and space between
buildings so as to create an aesthetically pleasing environment; provide for landscaping and the
maintenance thereof; and in general to encourage construction of attractive, quality, permanent
improvements that will promote the general welfare of the Declarant and the Owners. Declarant desires
to impose these restrictions on the 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 Villas at Summit Crossing project. The restrictive covenants herein will preserve the best interests of
the Declarant and the Owners and Residents of the Villas at Summit Crossing.
WHEREAS the Declarant desires to convey the Property subject to certain protective covenants,
conditions, restrictions, liens and charges as hereinafter set forth;
WHEREAS the Declarant desires to create and carry out a uniform plan for the improvement,
development and sale of the Property for the benefit of the present and future owners of the Property;
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS, that it Is hereby declared (i) that all of the
Property shall be help, sold, conveyed and occupied subject to the following covenants, conditions,
restrictions, liens, and charges, which are for the purpose of preserving the value and desirability of, and
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which shall run with, the Property and shall be binding on all parties having any right, title, or interest in
or to the Property or any part thereof, their heirs, successors, and assigns, and which shall inure to the
benefit of each owner thereof; and (ii) that each contract or deed that may hereafter be executed with
regard to the Property or any portion thereof shall conclusively be held to have been executed,
delivered and accepted subject to the following covenants, conditions and restrictions regardless of
whether or not the same are set out or referred to in said contract, or deed.
ARTICLE 1
DEFINITIONS
Unless the context otherwise specifies or requires, the following words and phrases when used
in this Declaration shall have the following meanings hereinafter specified:
1.01 Additional Land. Declarant, or Declarant's assigns, may create additional phases or sections of
The Villas at Summit Crossing, and adopt the same or similar restrictions, rules, and regulations
for such phases or sections, and make the additional phases or sections subject to the
Association.
1.02 Architectural Committee. "Architectural Committee" shall mean the committee created
pursuant to this Declaration to review and approve plans for the construction of Improvements
on the Property.
1.03 Architectural Committee Rules. "Architectural Committee Rules" shall mean the rules and
regulations adopted by the Architectural Committee, as the same may be amended from time to
time.
1.04 Articles. "Articles" shall mean Certificate of Formation of Summit Crossing Phase I Owners
Association, Inc., as that instrument may be amended from time to time, which Instrument is
filed in the office of the Secretary of State of the State of Texas.
1.05 Assessment. "Assessment" or "Assessments" shall mean such assessments as may be levied by
the Association under the terms and provisions of the Declaration.
1.06 Association. "Association" shall mean The Villas at Summit Crossing Owners Association, Inc., a
Texas Non-profit corporation, which shall have authority and responsibility for all of the
communities and subdivisions of The Villas at Summit Crossing, as hereafter defined.
1.07 Association Maintenance Responsibilities. "Association Maintenance Responsibilities" shall
mean the items of property and landscape maintenance which are specifically and exclusively
reserved for the Association to perform. The Association Maintenance Responsibilities are all
staining of all exterior faces of fencing, and planting, mowing, maintenance and irrigation of all
lawn and landscaping areas between structures and public streets. No Owner shall perform any
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maintenance or add any plants or improvements to areas where the Association has Association
Maintenance Responsibilities.
1.08 Board. "Board" shall mean the Board of Directors of the Association. Board members may, but
need not, be Members of the Association.
1.09 Bylaws. "Bylaws" shall mean the Bylaws of the Association as adopted by the Board, and from
time to time amended.
1.10 The Villas at Summit Crossing Residential Restrictions. "The Villas at Summit Crossing
Residential Restrictions" shall mean this Declaration, as the same may be amended from time to
time, together with The Villas at Summit Crossing Rules, Architectural Committee Rules and the
Articles and Bylaws of the Association as the same are in effect from time to time.
1.11 The Villas at Summit Crossing Rules. "The Villas at Summit Crossing Rules" shall mean the rules
and regulations adopted by the Board as the same may be amended from time to time.
1.12 Common Areas. "Common Areas" shall mean any land conveyed, leased, dedicated or assigned
by Declarant, or a third party with the Association's consent, to the Association for maintenance
and operation, including, but not limited to, easements (including the front lawns), roads,
entryways, roadways, right-of-ways, parkways, median strips, sidewalks, parks, trails, paths,
ponds and creeks within the Property.
1.13 Declarant. "Declarant" shall mean Monte Verde Development, Inc., its duly authorized
representatives or their respective successors or assigns; provided that any assignment of the
rights of Monte Verde Development, Inc., as Declarant, must be expressly set forth in writing
and the mere conveyance of a portion of the Property without written assignments of the rights
of Declarant shall not be sufficient to constitute as assignment of the rights of Declarant
hereunder.
1.14 Declaration. "Declaration" shall mean this instrument as it may be amended from time to time.
1.15 Improvement. "Improvement" shall mean every structure and all appurtenances thereto of
every type and kind, including but not limited to buildings, fences, screening walls, retaining
walls, stairs, decks, landscaping, exterior air conditioning, water softener fixtures or
equipment, and poles, pumps, walls, tanks, pipes, lines, meters, antennae, towers and other
facilities used in connection with water, sewer, gas, electric, telephone, regular or cable
television, or other utilities.
1.16 Lot. "Lot" or "Lots" shall mean any parcel or parcels of land within the Property shows as a
subdivided lot on a recorded plat of the Property, together with all Improvements located
thereon,
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1.17 Member. "Member" or "Members" shall mean any person(s), entity, or entities holding
membership rights to the Association.
1.1B Mortgage. "Mortgage" or "Mortgages" shall mean any mortgage or deed of trust covering any
portion of the Property given to secure the payment of a debt:
1.19 Mortgagee. "Mortgagee" or "Mortgagees" shall mean the holder or holders of any Mortgage or
Mortgages.
1.20 Owner. "Owner" or "Owners" shall mean a person or persons, entity or entities, Including
Declarant, holding a fee simple interest in any Lot on the Property, but shall not include a
Mortgagee.
1.21 Person. "Person" or "Persons" shall mean an individual or individuals, entity or entities having
the legal right to hold title to real property.
1.22 Plans and Specifications. "Plans and Specifications" shall mean any and all documents designed
to guide or control the construction or erection of any Improvement, Including, but not limited
to, those indicating location, size, shape, configuration, materials, site plans, excavation and
grading plans, foundation plans, drainage plans, landscaping and fencing plans, elevation
drawings, floor plans, specifications on all building products and construction techniques,
samples of exterior colors, plans for utility services, and all other documentation or information
relevant to such Improvement.
1.23 Propertv. "Property" shall mean the real property in Brazos County, Texas which Is described in
Exhibit "A", and additional lands.
ARTICLE 2
DEVELOPMENT OF THE PROPERTY
2.01 Development or Sale by Declarant. Declarant may divide or subdivide the Property into several
areas, develop some of the Property, and, at Declarant's option, sell any portion of the Property
free of the restrictions set forth in this Declaration.
2.02 Enlargement or Reduction of the Property. At any time and from time to time, Declarant shall
have the right, without the joinder or consent of the Association or the Owners, to add
additional property to the land then comprising the Property. As used herein, "Additional
Property" shall mean and refer to lands now owned or hereafter acquired by Declarant that
Declarant wishes to make subject to this Declaration.
The addition of the Additional Property or portions thereof to the Property shall be
accomplished by the filing in the Official Records of Brazos County an instrument describing the
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Additional Property to be annexed and annexing such Additional Property so described to the
Property, thereby imposing this Declaration, as amended from time to time with such additional
modifications and additions described in such instrument, upon the Additional Property. Upon
the filing of such Instrument, that the Additional Property shall become a part of the Property
and the collected assessments applicable to all Lots, including similar assessments then
applicable to the Additional Property, may be commingled by the Board and expended for the
benefit of the Property, as enlarged, as determined by the Board. Declarant may add Additional
Property to the Property as many times as Declarant, in its sole and absolute discretion,
determines such additions may be in the best interest of the overall development of The Villas
at Summit Crossing. Each Owner, by virtue of acceptance of any instrument conveying an
interest in a Lot subject to this Declaration, acknowledges and agrees that the addition of
Additional Property to the Property may result in an increase in the Assessments, a dilution of
their ownership percentage of the Property and a concomitant reduction in their voting rights
hereunder, and each Owner, by its acceptance of the instrument conveying an interest in a Lot,
agrees to the provisions of this Section 2.02 permitting the adding of Additional Property to the
Property. Declarant shall have no obligation to impose this Declaration on any other land owned
by Declarant and nothing contained in this Declaration shall be deemed to create or give rise to
any legal or equitable right, servitude, easement or other Interest in or to any other lands now
owned or hereafter acquired by Declarant, unless and until such lands are expressly made
subject to this Declaration by virtue of the recordation of an instrument imposing this
Declaration upon such land in accordance with this Section 2.02.
At anytime and from time to time, Declarant shall have the right, without the joinder or consent
of the Association or Owners to remove any portion of the Property owned by Declarant from
the land then comprising the Property. Declarant may remove portions of the Property as many
times as declarant, in its sole and .absolute discretion, determines. The removal shall be
accomplished by the filing in the Official Records of Brazos County an instrument describing the
portion of the Property to be removed, thereby freeing such portion of the Property from the
terms of this Declaration, as amended from time to time.
2.03 Rezoning of Property In PDD. All Owners acknowledge and understand that The Villas at Summit
Crossing are a portion of a Planned Development District ("PDD"), The Declarants hereby
reserve the right in its sole and absolute discretion to change the zoning of other lands located
in the PDD that are not part of Summit Crossing Phase 1. Each Owner by virtue of acceptance of
any instrument conveying an interest in a Lot subject to this declaration, acknowledges and
agrees that by their acceptance of the instrument conveying title to a Lot hereby agrees to the
provisions of this Section 2.03 permitting the rezoning of property contained in the PDD of
which Summit Crossing Phase I is a part.
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ARTICLE 3
GENERAL RESTRICTIONS
All of the Property shall be owned, held, encumbered, leased, used, occupied and enjoyed
subject to the following limitations and restrictions:
3.01 Construction of Improvements. No Improvements shall hereafter be constructed upon any of
the Property without the prior approval of the Architectural Committee.
3.02 Antennas. Antennas may be installed and maintained on any Lot, provided they are to the
greatest reasonable extent, screened from view from Owners of adjacent Lots, according to
The Villas at Summit Crossing Rules to be established from time to time by the Architectural
Committee or Board.
"Antenna" means any exterior antenna, aerials, satellite dishes or other apparatus (a) of one
meter or less in diameter that is used to receive direct broadcast satellite service or to receive or
transmit fixed wireless signals via satellite; (b) of one meter or less in diameter that is used to
receive video programming services via multipoint distribution services or to receive or transmit
fixed wireless signals via other than satellite; or (c) that is used to receive television broadcast
signals.
3.03 Insurance Rates. Nothing shall be done or kept on the Property that would Increase the rate of
insurance or cause the cancellation of insurance on any Lot or any of the Improvements located
thereon without the prior written approval of the Board.
3.04 Subdividing. No Lot shall be further divided or subdivided, nor may any easement or other
interest therein less than the whole be conveyed by the Owner thereof without the prior
written approval of the Architectural Committee; provided, however, that when Declarant is the
Owner thereof, Declarant may further divide and subdivide any Lot and convey an easement or
other interest less than the whole, all without the approval of the Architectural Committee,
3.05 Signs. No sign of any kind may be erected or maintained on any Lot without the consent in
writing of the Architectural Committee except the following permitted signs:
(1) Signs advertising the Lot for sale;
(2) Not more than two (2) political signs;
(3) School spirit signs; or
(4) Security signs.
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No permitted sign shall exceed five (5) square feet without the prior written approval of the
Architectural Committee. Declarant or the Architectural Committee shall have the right to enter
and remove any unapproved sign, advertisement, billboard or structure which is placed on any
Lot without the Declarant or the Architectural Committee's consent, and in so doing, shall not
be liable and is expressly relieved from any liability for trespass or other sort in connection
therewith, or arising from such removal.
3.06 Clotheslines Garbage Cans, Rubbish and Debris. No rubbish or debris of any kind shall be placed
or permitted to accumulate upon a Lot and no odors shall be permitted to arise therefrom so as
to render the Property or any portion thereof unsanitary, unsightly, offensive or detrimental to
any other property or its occupants. No clotheslines shall be erected or installed on the exterior
portion of any Lot and no clothing, linens or other material shall be aired or dried on the exterior
portion of any Lot. All garbage cans, above -ground storage tanks, mechanical equipment,
woodpiles, yard equipment and other similar items on Lots shall be located or screened so as to
be concealed from view or neighboring Lots, streets, and property located adjacent to the Lot.
All rubbish, trash, and garbage shall be stored in appropriate containers approved by the Board
and shall regularly be removed from the Properties and shall not be allowed to accumulate
thereon. If rubbish or debris accumulates upon any Lot in violation of this provision in the
judgment of the Association, the Association may remove the rubbish or debris, and charge a
special assessment to the Owner of the Lot.
3.07 Noise. No noise or other nuisance shall be permitted to exist or operate upon any portion of the
Property so as to be offensive or detrimental to any other portion of the Property or to its
occupants.
3.08 Lighting, No exterior lighting of any sort shall be Installed or maintained on the Lot where the
light source Is offensive or a nuisance to neighboring property, except for reasonable security or
landscape lighting that has the approval of the Architectural Committee.
3.09 Nuisance and Lateral Support. No noxious or offensive activity or work shall be conducted upon
any Lot so as to impair the structural soundness or integrity of any Improvement on any other
Lot, or which may be or may become an annoyance or nuisance to the neighborhood.
3.10 Repair and Improvements. All Improvements upon the Property, including any Lot, shall at all
times be kept in good condition and repair and adequately painted or otherwise maintained by
the Owner or Owners thereof, except for the Association Maintenance Responsibilities, which
are exclusively reserved for the Association.
3.11 Alteration or Removal of Improvements. Exclusive of normal maintenance, any construction or
removal in connection with any Improvement, which in any ways alters the exterior appearance
of said Improvement including original colors, shall be performed only with the prior written
approval of the Architectural Committee.
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3.12 Roofing Materials. The surface of all roofs of principal and secondary structures shall be uniform
throughout the Property, and shall be a material approved by the Architectural Committee. The
Architectural Committee shall have authority to approve other roof treatments and materials
when in its determination such treatment and materials in the form utilized will not be a
detriment to the quality of the neighborhood.
3.13 Solar Equipment. In the event an Owner desires to use solar panels or other solar equipment in
connection with the use of any Lot, the location and installation design thereof shall be
submitted to the Architectural Committee and approval of such design, including the aesthetics
thereof, shall be required before construction may begin,
3.14 Driveway. The Architectural Committee shall have the right to impose limitations on driveway
design, including materials, aprons, location and point of contact with dedicated roads, streets
or private driveways within the Property.
3.15 Tanks. No elevated tanks of any kind, including but not limited to tanks for storage of fuel,
water, oil or LPG and including swimming pool filter tanks, shall be erected, placed or permitted
on any Lot.
3.16 Underground Utility Lines. No utility lines, including, but not limited to, wires or other devices
for the communication or transmission of telephone or electric current or power, cable
television or any other type of line or wire shall be erected, placed or maintained anywhere in or
upon any portion of the Property unless the same shall be contained in conduit or cables
installed and maintained underground or concealed in, under or on Improvements as approved
in writing by the Architectural Committee, except what has already been constructed by the City
of College Station, prior to January 1, 2010; provided, however, that no provision hereof shall be
deemed to forbid the erection of temporary power or telephone structures incident to the
construction of Improvements which have been previously approved in writing by the
Architectural Committee. The installation method, including but not limited to location, type of
installation equipment, trenching method and other aspects of installation for both temporary
and permanent utilities, shall be subject to review and approval by the Architectural Committee.
3.17 Drainage. There shall be no interference with the established drainage patterns over any of the
Property, except by Declarant, unless adequate provision is made proper drainage and approved
by the Architectural Committee.
3,18 Hazardous Activities. No activities shall be conducted on the Property and no Improvements
shall be constructed on the Property that are or might be unsafe or hazardous to any person or
property. Without Ilmiting the generality of the foregoing, no firearms or fireworks shall be
discharged upon the Property, and no open fires shall be lighted or permitted on a Lot except in
contained barbeque units while attended and in use for cooking purposes, or within safe and
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well -designed (1) interior fireplaces, (ii) exterior fireplaces, or (iii) outdoor chimneys (or
chimineas).
3.19 Mining and Drilling. No oil drilling, oil development operations, oil refining, quarrying or mining
operation of any kind shall be permitted upon or in any Lot, nor shall oil wells, tanks, tunnels,
mineral excavations, or shafts be permitted upon any Lot. No derrick or other structure
designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon
any Lot. No well, pump, shaft, casing or other facilities for the removal of subsurface water shall
be placed or maintained on any Lot, and no boring, drilling, removal or exploration for
subsurface water or the injection of water or waste water shall be conducted on any Lot.
3.20 Machinery and Equipment. Without the approval of the Association or Declarant, no machinery
or equipment of any kind shall be placed, operated or maintained upon or adjacent to any Lot or
Common Area except such machinery or equipment as is usual and customary in Brazos County,
Texas, in connection with the use, maintenance, or construction of a private residence or
appurtenant structures or recreational facilities maintained by the Association; provided,
however, such machinery or equipment may be placed, operated or maintained by any
governmental or quasi -governmental agency, or by any public utility, in the performance of its
legitimate functions.
3.21 Temporary Structures. No tent, shack or other temporary building, improvement or_structure
shall be placed upon a Lot without the prior written approval of the Architectural Committee;
provided, however, that the Declarant may maintain or authorize temporary structures
necessary for storage of tools and equipment, and for office space for architects, builders and
foremen on a Lot during any period of actual construction, which authorization, if given, shall
include the nature, size, duration and location of such structure or structures.
3.22 Unsightly Articles; Vehicles. No trailer, recreational vehicle, tent, boat, or stripped down,
wrecked, junked, or wholly inoperable vehicle shall be kept, parked, stored, or maintained on
any portion of the driveway or front yard, in front of the building line of the permanent
structure, and same shall be kept, parked, stored or maintained on other portions of a Lot only
within an enclosed structure or a screened area which prevents the view thereof from adjacent
Lots or streets. No dismantling or assembling of motor vehicles, boats, trailers, recreational
vehicles, or other machinery or equipment shall be permitted in any driveway or yard adjacent
to a street.
3.23 Mobile Homes Travel Trailers Recreational Vehicles. No mobile homes shall be parked or
placed on any Lot at any time. No travel trailers or recreational vehicles may be kept on any Lot
unless parked so as not to be visible from adjoining property or public or private thoroughfares.
This restriction regarding travel trailers and recreational vehicles shall not apply to guests
staying at any Lot for less than forty-eight (48) hours.
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3.24 Fences.
(A) No fence, wall, or hedge shall be build or maintained forward of the front wall line of the
mail structure. Notwithstanding the foregoing, the Architectural Committee is empowered to
waive the aforesaid limitation, in its sole discretion, if such waiver is advisable in order to
accommodate a unique, attractive or advanced building concept design or material and the
resulting decorative wall or retaining wall will not detract from the general appearance of the
neighborhood, or in the case where a Lot has a side yard which is adjacent to the backyard of an
adjacent Lot. No chain -link fences may be built or maintained on any Lot.
(B) Unless otherwise approved by the Architectural Committee or as provided below, any fence
built or maintained on any Lot shall be constructed only of standard grade 1" by 6" cedar privacy
fence materials, six (6') feet in height, with the finished (smooth) side facing streets or Common
Areas, or adjoining properties which are not part of The Villas at Summit Crossing and the rough
side facing the interior of any Lot. All wood fences shall be stained with a stain product to be
approved by the Architectural Committee. On all lots with 7'/: foot side setbacks, a fence can be
constructed to enclose a portion of the side yard. Said fence shall not extend forward further
from the back corner of the building than 25 feet. On all lots with 15 foot side setback, the fence
shall extend from the back corner of the building straight to the back property line. Iron fences
shall be permitted on the back property line for all lots in Block 4.
3.25 Animals — Household Pets. No animals, including pigs, hogs, swine, poultry, wild animals,
horses, cattle, sheep, goats or any other type of animal not considered to be a domestic
household pet within the ordinary meaning and interpretation of such words may be kept or
maintained on any Lot. No domestic household pet shall be allowed to make an unreasonable
amount of noise, or to become a nuisance, and no domestic pets shall be allowed on the
Property other than on the Lot of its Owner, except when confined to a leash. No animal may be
stabled, maintained, kept, cared for or boarded for hire or remuneration on the Property and no
kennels or breeding operation shall be allowed. No domestic household pet shall be allowed to
run at large and all of such pets shall be kept within enclosed areas which must be clean,
sanitary and reasonably free of refuse, insects and waste at all times. Such enclosed area shall
be constructed in accordance with Plans and Specifications approved by the Architectural
Committee, shall be of reasonable design and construction to adequately contain such animals
in accordance with the provisions hereof, and shall be screened so as not to be visible from any
other portion of the Property. No more than two (2) adult dogs and two (2) adult cats may be
kept on a single Lot. Dogs greater in weight than sixty (60) pounds shall not be permitted. All
domestic household pets shall be kept in strict accordance with all local laws and ordinances.
3.26 Maintenance of Lawns and Plantings. The Association shall have the sole authority and
responsibility for all lawn, landscape, irrigation systems, fertilizing, watering, trees, shrubs,
grass and plantings of every kind on the front portion of all Lots, from the front boundary line to
the front wall line of the main structure on each Lot and the side yards outside fenced areas
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(herein called the "Association Maintenance Areas"). The Association will mow backyards so
long as the gate is not locked and there are no dogs located in the backyard. No Owner shall
have any right to add, remove or alter plants or landscape materials within the Association
Maintenance Areas. The Association shall have, and is hereby granted, and easement across the
Association Maintenance Areas for the purpose of planting, mowing, irrigating (with
automatic sprinkler systems), watering, replacing, cultivating and maintaining the Association
Maintenance Areas in such manner as the Association in its sole discretion shall determine to be
necessary or prudent. Each owner shall keep all other portions of such Owner's Lot free of trash
and other unsightly material. Any Owner who causes damage to the Association Maintenance
Areas through negligence or intentional acts shall be liable to the Association for the cost of
repair or restoration of such damage.
3.27 Landscape Design. All landscaping shall be designed so as to protect and promote, as far as
practicable, the natural local landscape environment through use of native materials, natural
drainage, indigenous plant selection and site design and must he approved by the Architectural
Committee. All lots shall be planted with St. Augustine grass unless a variance is approved by the
Architectural Committee.
3.28 Construction and Sales Activities. Notwithstanding any provisions herein to the contrary, this
Declaration shall not be construed so as to unreasonably interfere with or prevent normal
construction activities during the construction of Improvements by an Owner (including
Declarant) upon any Lot within the Property, or the sale of any Lot thereafter. Specifically, no
such construction activities shall be deemed to constitute a nuisance or a violation of this
Declaration by reason of noise, dust, presence of vehicles or construction machinery, posting of
signs or similar activities provided that such construction is pursued to completion with
reasonable diligence and conforms to usual construction practices in the area. No building
material of any kind shall be placed or stored upon any Lot until the Owner thereof is ready to
commence The improvements, and then the material shall be placed within the property lines
of the Lot upon which the Improvements are to be erected and shall not be placed on the street
or on any other part of the Property. In the event of any dispute regarding such matters, the
Architectural Committee may grant a temporary waiver of the applicable provision, for a period
of time to be determined by the Architectural Committee in its sole and absolute discretion. At
such time as the Declarant ceases using any portion of the Property as a model home or sales
office, the affected Property shall be altered and/or remodeled, if necessary or desirable, to
comply with the covenants and restrictions contained herein.
3.29 Mailboxes. Mailboxes shall be made with materials approved by the Architectural Committee,
and shall be located in a cluster location or locations determined by the Board.
3.30 Sight Lines. No fence, wall, hedge, or shrub planting which obstructs sight lines from streets on
the Property shall be placed or permitted to remain on any corner Lot within the area defined
by a line drawn between two points located twenty (20) feet from the point of intersection of
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the street right-of-way property lines immediately adjacent to the Lot, as reasonably located by
the Architectural Committee. Measurements shall be by chord, and not arc. No tree shall be
permitted to remain within such areas, unless the foliage is maintained at sufficient height to
prevent obstruction of such sight lines.
3.31 Parking and Prohibited Vehicles.
(A) Parking. Vehicles shall be parked only in paved parking spaces on each Lot, and the Board
may authorize on -street parking for owners, visitors and guests, subject to reasonable rules and
regulations to be established and revised by the Board.
(8) Prohibited Vehicles. Commercial vehicles, vehicles with commercial writing on their
exteriors (excluding vehicles with lettering or logos confined to the front door on each side),
vehicles primarily used or designed for commercial purposes shall not be permitted anywhere
except in garages or carports. Tractors, mobile homes, recreational vehicles, trailers (either
with or without wheels), campers, camper trailers, boats and other watercraft, and boat trailers
shall not be permitted. Stored vehicles and vehicles which are either obviously inoperable or do
not have current operating licenses shall not be permitted on the properties. Vehicles that
become inoperable while on the Properties must be removed within seventy-two (72) hours
thereof. For purposes of this Section, a vehicle shall be considered "stored" if it is put up on
blocks or covered without a tarpaulin and remains on blocks or so covered for fourteen (14)
consecutive days without the prior approval of the Board. Notwithstanding the foregoing,
service and delivery vehicles may be parked in the Properties during daylight hours for such
period of time as is reasonably necessary to provide service or to make a delivery to a Lot or the
Common Areas. Any vehicle parked in violation of this Section or parking rules promulgated by
the Board may be towed by the Association.
3.32 Doors and Windows. No "burglar bars", steel or wrought iron bars, or similar fixtures, whether
designed for decorative, security or other purposes, shall be installed on the exterior of any
windows or doors of any dwelling. No signs, numerals or other writing shall be written on or
placed in the doors, windows or exterior walls of any dwelling, either temporarily or
permanently, except that the Board may, in its discretion, permit house numbers to be written
temporarily on a single window of a dwelling while occupants are moving in, provided such
numbers are removed within seventy-two (72) hours afterthe occupants have taken occupancy.
Only uniform blinds shall be used as window treatments, as determined in the sole discretion of
the Architectural Committee. Foil, decorative items, or commercial advertising shall not be used
as window coverings at any time.
3.33 Registered Sex Offenders. No Lot shall be occupied in whole or in part by any person who is a
registered sex offender on the Texas Public Sex Offender Registry, or any similar registry in
another state.
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3.34 Registration with Association. All Owners shall register with the Association for the purpose of
providing the Association with address and telephone number contract information for use in
both emergency situations and ordinary Association communication. Any residents of any Lot
who are not an Owner or member of an Owner's immediate family (parents and children), who
occupy any Improvement for more than seven (7) consecutive days, shall also register with the
Association as a tenant.
3.35 Compliance with Provisions of The Villas at Summit Crossing Residential Restrictions. Each
owner shall comply strictly with the provisions of The Villas at Summit Crossing Residential
Restrictions as they may be amended from time to time. Failure to comply with any of The
Villas at Summit Crossing Residential Restrictions shall constitute a violation of this Declaration,
and shall give rise to a cause of action to recover sums due for damages or injunctive relief or
both, maintainable by the Board on behalf of the Association or by any aggravated Owner.
Declarant, for itself, Its successor or assigns, reserves the right to enforce these restrictive
covenants, though it may have previously sold and conveyed all subdivided Lots controlled by
these covenants within the Property. The reservation of this right of enforcement shall not
create an obligation of any kind to enforce the same.
3.36 No Warranty of Enforceability. While Declarant has no reason to believe that any of the
restrictive covenants or other terms and provisions contained in this Article 3 or elsewhere 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, terms or provisions. Any Owner acquiring a Lot
In reliance upon one or more such restrictive covenants, terms or provisions shall assume all the
risks of the validity and enforceability thereof and, by acquiring the Lot, agrees to hold the
Declarant harmless therefrom.
ARTICLE 4
RESIDENTIAL RESTRICTIONS
4.01 Residential Use. All Lots shall be improved and used solely for residential purposes inclusive of
fencing, and other such improvements as are necessary or customarily incident to residential
use. No Owner shall occupy or use his Lot or any Improvements constructed thereon, or permit
the same or any part thereof to be occupied or used for any purpose, including religious, other
than as a private residence. All Lots within the Property shall be used and improved as
townhome residential dwellings with shared party walls, with no more than one (1) residential
dwelling unit per Lot. Anything herein to the contrary notwithstanding, any Lot may be used or
improved for a greenbelt, open space and/or drain field purposes. No Improvement may be
constructed upon any Lot that would unreasonably obstruct the view from any other portions of
the Property, and the positioning of all Improvements upon Lots within the Property Is hereby
expressly made subject to Architectural Committee review. The Architectural Committee may,
but shall not be required to, prevent or allow the construction of a proposed Improvement
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based upon the effect it will have upon the view from any particular Lot. The Architectural
Committee may consider the effect the Improvement will have on the Property as a whole, it
being expressly understood that neither the Architectural Committee nor the members thereof
shall be liable to any Owner in monetary damages or otherwise due to the construction of any
Improvement within the Property or the creating thereby of an obstruction to the view from
such Owner's Lot or Lots. No outbuildings shall be allowed or permitted on any Lot.
4.02 Building Height. No Improvement greater than thirty-two (32) feet in height may be constructed
on any Lot without the prior written approval of the Architectural Committee. For purposes of
this paragraph, height shall be measured from the foundation slab of the proposed
Improvement to the ridgeline of the roof of the proposed Improvement.
4.03 Building Materials; Dwelling Size; Chimney Construction. All dwellings shall be recognized
standard construction quality and shall conform to the plans provided by the Architectural
Committee for the various lots and blocks. Unless an exception is granted by the
Architectural Committee, all single family dwellings shall contain no less than 1,150 square feet
of enclosed living space, exclusive of all porches (open or covered) and decks. New townhomes
to be build using the same Architectural plans as existing.
4.04 Construction in Place. The use of prefabricated materials shall be allowed only with the prior
written approval of the Architectural Committee.
4.05 Party Walls and Common Roof Structures. Party walls shall exist along the interior lot line of
each Lot where the original construction of each residence is located. Common roof structures
shall exist across the roofs of all Lots with a common building structure and shared party walls.
Party walls and Common Roof Structures In The Villas at Summit Crossing shall be governed by
the following:
(A) General Rules. Each wall which is built as a part of the original construction of a residence
upon the Property and placed on the dividing line between the Lots shall constitute a party wall
and, to the extent not inconsistent with the provisions of this section, the general rules of law
regarding party walls and common roof structures a liability for property damage due to
negligence or willful acts or omissions shall apply thereto. The owner of a residence shall not cut
through or make any penetration through a party wall or common roof structure for any
purpose whatsoever.
(B) Sharing of Repair and Maintenance. The cost of reasonable repair and maintenance of a
party wall or common roof structure shall be shared by the Owners who make use of the wall in
equal proportions.
(C) Destruction by Fire or Other Casualty. If a party wall or common roof structure is destroyed
or damaged by fire or other casualty, then to the extent that such damage is not covered by
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insurance and repaired out of the proceeds of same, any Owner who has used the wall or
common roof structure may restore it, and if the other Owners thereafter make use of the wall
or common roof structure, either because they share the wall along a boundary line or they own
Lots within the group of attached residences where the damaged wall or common roof structure
and enclosed attic space was located, they shall contribute to the cost of restoration thereof in
equal proportlons, without prejudice, however, to the right of any such Owners to call for a
larger contribution from one or more of the others under any rule of law regarding liability for
negligent or willful acts or omissions.
(D) Weatherproofing. Notwithstanding any other provisions of this Article, to the extent that
such damage is not covered and paid by the insurance provided for herein, an owner who by his
negligent or willful act causes the party wall or common roof structure and enclosed attic space
to be exposed to the elements shall bear the whole cost of furnishing the necessary protection
against such elements.
(E) Right to Contribution Runs with. Land. The right of any Owner to contribution from any
other Owner under this Article shall be appurtenant to the land and shall pass to such Owner's
successors In title.
(F) Insurance. Each Owner shall be required to keep and maintain an insurance policy insuring
against loss for fire and other casualty in an amount equal to a minimum amount as.the Board
(or its agent or, management company) may determine from time to time. Each Owner shall
provide the Association with a copy of the insurance policy maintained by the Owner, and shall
provide copies of all renewals at least fifteen (15) days prior to the expiration of the policy term.
(G) Association Discretion. In the event one or more Owners fails to perform maintenance of
Party Walls or Common Roof Structures in a manner deemed necessary by the Board, the Board
may, but shall not be obligated to, perform such repairs deemed necessary for the safety,
appearance, or structural integrity of the structures in the time and manner provided in Section
5.04 of this Declaration.
4.06 Setback Requirements. No building shall be located or erected nearer to any Lot line than the
building line shown on the recorded plat of the Property subdivision section which includes such
Lot, as follows:
Front Setback Block 1, 2, 3 & 5 15 Feet
Block 4 25 Feet
Rear Setback 20 Feet
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Side Setbacks
1) The following lots are zero lot line (no setbacks):
BLOCK #1- Lot # 2, 3, 6, 7, 10, 11, 14, 15, 18, 19, 22, 23, 26, 27, 30, 31
BLOCK #2 - Lot # 2, 3, 4, 5, 6, 9, 10, 11, 12, 13, 16, 17, 20, 23, 24, 27, 28
BLOCK #3 - Lot # 2, 3, 6, 9, 12, 13
BLOCK #4 - Lot # 2, 3, 4, 7, 8, 9, 12, 13, 14, 17, 18, 19, 22, 23
BLOCK #5 - Lot # 2, 3, 4, 5, 8, 9, 10, 11, 12, 15, 16, 17, 18
2) The following lots are zero lot line on the left and 15 foot side setback on right:
BLOCK #1- Lot # 1, 17
BLOCK #2 - Lot # 14, 15
BLOCK #3 - Lot # 14
3) The following lots are zero lot line on the right and 15 foot side setback on the left:
BLOCK #1- Lot # 16, 32
BLOCK #2 - Lot # 1, 29
BLOCK #3 - Lot # 1
BLOCK #4 - Lot # 20
4) The following lots are zero lot line on the left and 7 % foot side set back on the right:
BLOCK #1- Lot # 5, 9, 13, 21, 25, 29
BLOCK #2 - Lot # 7, 19, 22, 26
BLOCK #3 - Lot # 4, 7, 10
BLOCK #4 - Lot # 1, 6, 11, 16, 21
BLOCK #5 - Lot # 6, 13, 19
5) The following are zero lot line on the right and 7 %2 foot side set back on the left: .
BLOCK #1- Lot # 4, 8, 12, 20, 24, 28
BLOCK #2 - Lot # 8, 18, 21, 25
BLOCK #3 - Lot # 5, 8, 11
BLOCK #4 - Lot # 5, 10, 15, 24
BLOCK #5 - Lot # 1, 7, 14
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ARTICLE 5
THE VILLAS AT SUMMIT CROSSING OWNERS ASSOCIATION
5.01 Organization. The Declarant shall, prior to filing of this Declaration, cause the formation and
incorporation of the Association as a nonprofit corporation created for the purposes, charges
with the duties, and vested with the powers prescribed by law or set forth in its Articles and
Bylaws or in this Declaration. Neither the Articles nor Bylaws shall for any reason be amended or
otherwise changed or interpreted so as to be inconsistent with this Declaration.
5.02 Mem� bershiR. Any person or entity upon becoming an Owner shall automatically become a
Member of the Association. Membership shall be appurtenant to and shall run with the
property Interest, which qualifies the Owner thereof for membership, and membership may not
be served from, or in any way transferred, pledged, mortgaged, or alienated except together
with the title to the said property interest.
5.03 Voting Rights. The right to cast votes and the number of votes which may be cast, for election
of directors to the Board and on all other matters to be voted on by the Members shall be
calculated as follows:
(A) The Owner, whether one or more (including Declarant), of each Lot within the Property shall
have one vote for each Lot so owned. In addition, Declarant shall have one vote for each lot
reflected on the preliminary plats of the portions of the Property which have not been platted.
(B) In addition to the votes to which Declarant is entitled by reason of Subparagraph (A) of this
Section, for every such vote, Declarant shall have three (3) additional votes until such time as
the votes described in Subparagraph (A) of this section, owned by Owners other than Declarant,
total in the aggregate (90%) of the total number of votes outstanding under Subparagraph (A)
(the "Transition Date"). Thereafter Declarant shall only have votes if any, to which it is entitled
under Subparagraph (A) of this section.
5.04 Powers and Authority of the Association. The Association shall have the powers of a Texas
nonprofit corporation, subject only to any limitations upon the exercise of its power as are
expressly set forth in this Declaration. Without in any way limiting the generality of the two
preceding sentences, the Association, and the Board acting on behalf of the Association, shall
have the following powers at all times:
(A) The Villas at Summit Crossing Rules and Bylaws. To make, establish and promulgate, and in
its discretion to amend or repeal and re-enact, such The Villas at Summit Crossing Rules and
Bylaws, not in conflict with this Declaration, as it deems proper to address any and all aspects of
its functions. The Association shall have the authority to establish committees pertaining only to
specific sections of The Villas at Summit Crossing. Any committee, which elects to oversee a
particular section, shall have the power to establish section rules, which shall apply only to
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sections over which the committee has oversight. Any such section rules may be more
restrictive than the provisions hereof, but shall not be less restrictive.
(B) Insurance. To obtain and maintain in effect policies of insurance which, in the opinion of the
Board, are reasonably necessary or appropriate to carry out Association functions, and to keep a
register or record of insurance policies maintained by Owners as required by Section 4.05 (F).
(C) Records. To keep books and records of the Association's affairs.
(D) Assessments. To levy Assessments as provided in Article 7 below.
(E) Right of Entry and Enforcement. To enter at any time in an emergency, or in a non -
emergency, after ten (10) days' written notice, without being liable to any Owner, upon any Lot
and into any Improvement thereon for the purpose of enforcing The Villas at Summit Crossing
Residential Restrictions or for the purpose of erecting, maintaining or repairing any
Improvement to conform to The Villas at Summit Crossing Residential Restrictions, and the
expanse Incurred by the Association In connection with the entry upon any Lot and the work
conducted thereon (i) shall be a personal obligation of the Owner of the Lot entered upon, (1I)
shall be a lien upon the Lot entered on and Improvements thereon; and (iii) shall be enforced in
the same manner and to the same extent as provided in Article 7 hereof for regular and special
Assessments. The Association shall have the power and authority from time to time, in its own
name and on its own behalf, or in the names of and on behalf of any Owner who consents
thereto, to commence and maintain actions and suits to enforce, by mandatory injunction or
otherwise, or to restrain and enjoin, any breach or threatened breach of The Villas at Summit
Crossing Residential Restrictions, The Association is also authorized to settle claims, enforce
liens, purchase casualty insurance required to be purchased by owners in default, and take all
such action as it may deem necessary or expedient to enforce The Villas at Summit Crossing
Residential Restrictions; provided, however, that the Board shall never be authorized to expend
any Association funds for the purpose of bringing suit against Declarant, Its successors or
assigns.
(F) Fines. To levy and collect fines against Owners for any violation of the Declaration which is
not cured by the Owner in the judgment of Board within 30 days after written notice of such
violation as provided in section 9.04. Fines may be assessed repeatedly for continuous
violations. Fines shall be uniform according to a fine schedule to be established from time to
time by the Board.
(G) Legal and Accounting Services. To retain and pay for legal and accounting services
necessary or proper for the operation of the Association.
(H) Delegation to Committees. To set up one or more committees as authorized by the Texas
Non -Profit Corporation Act, as the same is amended from time to time.
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(1) Employees. To engage such employees as may be reasonably necessary in the management
of the Association and the performance of its duties.
(1) Cable Television and Telephone. To contract with third parties for the installation of cable
television and broadband internet service and the delivery of such services to Lots, and to assess
the cost of such services at such prices and rates deemed appropriate by the Board as part of
Assessments. The Association shall offer packages of cable television or broadband internet with
such features as the Board shall determine, and Owners may directly contract with the cable
television and broadband internet provider for additional services or packages.
5,05 Landscape and Maintenance. The Association shall be required to landscape, maintain and
repair easements, right-of-ways, common areas, entryways, sidewalks, paths, trails, detention
ponds, lakes, waterfall pumps, irrigation equipment, water wells, swimming pool areas,
entrance buildings, and other areas of the Property, as appropriate. Without limitation, the
Association shall maintain the Association Maintenance Areas and beds and the automatic
sprinkler system in the Association Maintenance Areas, and perform the Association
Maintenance Responsibilities.
5.06 Common Areas.
(A) Subject to and in accordance with this Declaration, the Association, acting through the
Board, shall have the following duties and additional powers:
(1) To accept, own, operate and maintain all Common Areas which may be conveyed or
leased to it by Declarant, together with any Improvements of any kind or purpose located in said
areas; and to accept, own, operate and maintain all other property, real and personal, conveyed
or leased to the Association by Declarant; and to maintain in good repair and condition all lands,
Improvements, and other Association property owned by or leased to the Association, whether
by Declarant or by other Persons.
(2) To pay all real and personal property taxes and other taxes and assessments levied
upon or with respect to any property owned by or leased to the Association, to the extent that
such taxes and assessments are not levied directly upon individual Members of the Association.
The Association shall have all rights granted by law to contest the legality and the amount of
such taxes and assessments.
(3) To Incur debt and to execute mortgages, both construction and permanent, for
construction of improvements on property owned by or leased to the Association, and to accept
lands In Common Areas, whether or not improved, from Declarant subject to such mortgages or
by assuming such mortgages. Financing may be affected through conventional mortgages or
deeds of trust, the issuance and sale of development or other bonds, loans from the Developer,
or in any other form or manner deemed appropriate by the borrower, whether Declarant or the
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Association. The mortgage or other security interest given to secure repayment of any debt may
consist of a first, second or other junior lien, as deemed appropriate by borrower, whether
Declarant or the. Association, on the Improvements to be constructed, together with such
underlying and surrounding lands as the borrower deems appropriate. The debt secured by such
mortgage or other security instrument may be retired from and secured by the revenues
generated by dues, use fees, assessment of Members, or otherwise, or any combination thereof,
as may be deemed appropriate by Declarant or the Association, as the case may be, but subject
to the limitation Imposed by this Declaration.
(B) In addition to, and not in limitation of, the power and authority of the Association as set
forth in Section 5.04 of this Declaration, the Association, acting through the Board, shall have
the power and authority:
(1) To grant and convey portions of the Association property, including fee title, leasehold
estates, easements, right-of-way, and/or mortgages, to any person or entity for the purpose of
constructing, erecting, operating or maintaining the following:
(a) Parks, parkways, swimming pools, or other recreational facilities or structures;
(b) Roads, streets, walks, driveways, trails and paths;
(c) Lines, cables, wires, conduits, pipelines or other means of providing utilities;
(d) Sewers, water systems, storm water drainage systems, sprinkler systems and pipelines;
and/or
(e) Any similar public, quasi -public or private Improvements.
Nothing contained in this subparagraph, however, shall be construed to permit use or
occupancy of any Common Area or Improvement In a way that would violate applicable use and
occupancy restrictions imposed by other provisions of this Declaration, or by any statute, rule,
regulation, ordinance or other law of any governmental entity, including but not limited to rules
and orders of the Texas Water Development Board, Texas Water Commission, Texas
Commission on Environmental Quality("TCEQ") and any flood plain, industrial waste or other
ordinance of the City of College Station.
(2) To pay for water, sewer, garbage removal, landscaping, gardening, and all other
utilities, services and maintenance for the property of the Association or the Lots, the
Association Maintenance Responsibilities, or within city -owned parks, parkways, entrance
ways, or street rights of way which the Association desires to maintain or pay for, in the best
interest of the Association and the aesthetic appearance of the subdivision as a whole.
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(3) To pay for any other services necessary or proper in the performance of Association
functions, and to pay for any other taxes or assessments that the Association or the Board is
required to secure or to pay for, pursuant to applicable law, the terms of this Declaration, or the
Articles or Bylaws of the Association.
(4) To own and operate any and all types of facilities for both active and passive
recreation, and to establish rules, regulations, fees, and permits for the use of such facilities as
the Board in its discretion deems appropriate.
(5) To construct new Improvements or additions to Association properties, subject to the
approval of the Architectural Committee as required in this Declaration.
(6) To enter into contracts with Declarant and other persons, with such terms and
provisions as the Board shall determine, to operate and maintain any of the Common Areas or
to provide any service or perform any function on behalf of Declarant or the Association in
connection with the purposes of the Association.
(7) To acquire and own and to dispose of all manner of real and personal property,
whether by purchase, grant, lease, gift or otherwise.
5.07 Agreement with City of College Station, State of Texas, and County of Brazos. The Declarant, as
the agent of the Association, or the Association, may enter into one or more agreements (1) with
the City of College Station or State of Texas or Brazos County, with respect to (1) the landscaping
and maintenance of portions of public streets, highways or right of way, or (2) the dedication of
any drainage basin, park or other common area within the property for municipal maintenance,
or (ii) with the City of College Station with respect to landscaping and maintenance of portions
of utility easements. The Association shall accept, without further requirement or
documentation, said agreement and the requirements and benefits associated therewith, for
any agreement reached by the Declarant.
5.08 Indemnification. The Association shall indemnify any director, officer, or member of a
committee duly appointed pursuant to the Articles or Bylaws who by reason of the fact that
such person is or was a director, officer or member of such a committee of the Association was,
Is, or is threatened to be made, a named defendant or respondent in (i) any threatened,
pending, or completed action, suit or proceeding, whether civil, criminal, administrative,
arbitrative, or investigative, (ii) any appeal in such an action, suit, or proceeding, and (III) any
inquiry or investigation that could lead to such an action, suit, or proceeding (hereinafter a
"Proceeding"), and against all judgments, penalties (including excise and similar taxes), fines,
settlements, and reasonable expenses actually incurred by the person in connection with any
such Proceeding to the fullest extent permitted by the Texas Non -Profit Corporation Act, as
amended and in effect from time to time. Such authorization of indemnification shall be
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deemed to be mandatory and deemed to constitute authorization of indemnification and
advancement of expenses to the fullest extent permitted by the Texas Non -Profit Corporation
Act, as amended and if effect from time to time.
ARTICLE 6
ARCHITECTURAL COMMITTEE
6.01 Membership of Architectural Committee. The Architectural Committee shall consist of not more
than three (3) voting members ("Voting Members") and such additional nonvoting members
serving in an advisory capacity ("Advisory Members") as the Voting Members deem appropriate.
The following persons are hereby designated as the Voting Members of the Architectural
Committee: Andy Vela, Dan Sears, Ron Lightsey.
6.02 Action by Architectural Committee. Items presented to the Architectural Committee shall be
decided by a majority vote of the Voting Members,
6.03 Advisory Members. The Voting Members may from time to time designate Advisory Members.
6.04 Term. Each member of the Architectural Committee shall hold office until such time as he or
she has resigned or has been removed or his or her successor has been appointed as provided
herein.
6.05 Declarant's Rights of Appointment. Until the Transition Date as defined in Section 5.03(8),
Declarant, its successors or assigns shall have the right to appoint and remove all Voting
Members of the Architectural Committee, which persons need not be drawn from Association
Members. Notwithstanding the preceding sentence, Declarant may delegate its right of
appointment, or any portion thereof, to the Board by written instrument before such date.
Whenever the Transition Date occurs, thereafter, the Board shall have the right to appoint all
Voting Members. At such time as the Board gains the right to appoint and remove Voting
Members of the Architectural Committee, or any portion of this right, a majority of the Voting
Members so appointed shall be drawn from Members of the Association. Advisory Members
shall, when reasonably possible, be drawn from Members of the Association.
6.06 Adoption of Rules. The Architectural Committee may adopt such procedural and substantive
rules, not in conflict with this Declaration, as it deems necessary or proper for the performance
of its duties, including but not limited to a building code, a fire code, a housing code, and other
similar codes.
6.07 Review of Proposed Construction. Whenever in this Declaration the approval of the
Architectural Committee is required, the Architectural Committee shall have the right to
consider all of the Plans and Specifications for the Improvement or proposal in question and all
other facts that, in its sole and absolute discretion, are relevant. Except as otherwise specifically
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provided herein, prior to the commencement of any construction of any Improvement on the
Property or any portion thereof, the Plans and Specifications therefore shall be submitted to the
Architectural Committee, and construction thereof may not commence unless and until the
Architectural Committee has approved such Plans and Specifications. Until receipt by the
Architectural Committee of any information or document deemed necessary by the
Architectural Committee, it may postpone review of any Plans and Specifications submitted for
approval. Upon receipt of all necessary information, the Architectural Committee shall consider
and act upon any and all Plans and Specifications submitted for its approval pursuant to this
Declaration, and perform such other related duties assigned or authorized by this Declaration,
including at its option inspection of construction in progress to assure its conformance with
previously approved Plans and Specifications, The Architectural Committee shall have the
express authority to perform fact-finding functions hereunder and shall have the power to
construe and interpret any covenant herein that may be vague, indefinite, uncertain or capable
of more than one construction. The Architectural Committee may, in its review of Plans and
Specifications and such other information as it deems proper, consider whether any proposed
Improvement upon a Lot would unreasonably obstruct the view from other portions of the
Property. The Architectural Committee may, but shall not be required to, disapprove any
Improvement upon any Lot that would unreasonably obstruct the view from any other portion
of the Property. No Improvement shall be allowed on any Lot which is of such size or
architectural design or involves the use of such landscaping, color schemes, exterior finishes and
materials and similar features as to be Incompatible with residential development within the
Property and the surrounding area. The Architectural Committee shall have the authority to
disapprove any proposed Improvement based upon the restrictions set forth in the preceding
sentence and the decision of the Architectural Committee shall be final and binding so long as it
is made in good faith. The Architectural Committee shall not be responsible for reviewing any
proposed improvement, not shall Its approval of any Plans and Specifications be deemed an
endorsement, from the standpoint of structural safety, engineering soundness, or conformance
with building or other codes not of its authorship.
6.08 Actions of the Architectural Committee. The Architectural Committee may, by resolution
unanimously adopted in writing, designate one or two of Its members or an agent acting on its
behalf to take any action or perform any duties for and on behalf of the Architectural
Committee. In the absence of such designation, the vote of a majority of all the members of the
Architectural Committee taken without a meeting shall constitute an act of the Architectural
Committee.
6.09 No Waiver of Future Approvals. The approval or consent of the Architectural Committee of any
Plans and Specifications for any work done or proposed, or in connection with any other matter
requiring the approval or consent of the Architectural Committee, shall not be deemed to
constitute a waiver of any right to withhold approval or consent as to any other Plans and
Specifications, or other matter whatever, subsequently or additionally submitted for approval or
consent by the same or a different person.
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6.10 Work in Progress. The Architectural Committee may at Its option inspect all work in progress to
insure compliance with approved Plans and Specifications.
6.11 No Liability for Architectural Committee Members. Neither the Architectural Committee nor
any member thereof shall be liable to the Association or to any Owner or to any other person
for any loss, damage or injury arising out of their being in any way connected with the
performance of the Architectural Committee's duties under this Declaration unless due to the
willful misconduct or bad faith of the Architectural Committee or its members, as the case may
be. Neither the Architectural Committee nor any member thereof shall be liable to any Owner
due to the construction of any Improvements within the Property, or the creation thereby of
any obstruction of the view from such Owners Lot or Lots.
6.12 Address. Plans and Specifications shall be submitted to the Architectural Committee in care of
Andy Vela 809 University Drive, Suite 101, College Station, Texas 77840, or in care of such other
person at such other address as may be designated by Declarant or the Board, as the case
may be, from time to time.
6.13 Failure to Act. In the event the Architectural Committee or its designated representative fails to
approve or disapprove any Plans and Specifications within ten (10) days after the same have
been submitted to It, complete with all other information requested by the Architectural
Committee in connection with such submission, approval shall be assumed.
6.14 Variances. Notwithstanding any other provision of this Declaration, in order to prevent undue
hardship upon the Owner or Owners of any individual Lot or Lots upon the Property, variance
from any restrictions set out in this Declaration may be granted by an unanimous decision of the
Architectural Committee in a written instrument to be duly acknowledged, if and when such a
variance shall ever be granted.
6.15 Governmental Agency Approval. Nothing in this Declaration shall be construed to relieve any
Owner from securing such approvals, certificates and/or permits as may be required by law in
connection with the construction of any Improvements on any Lot.
6.16 Relationship with Association. The Architectural Committee has been created pursuant to this
Declaration to perform certain functions specified herein relating to the review and approval of
Plans and Specifications for Improvements build on the Property. The Architectural Committee
does not exercise the authority of the Board, and shall not do so unless and until (i) the Board
shall have duly appointed a majority of Board members to the Architectural Committee, and (ii)
the Board shall by unanimous resolution, duly recorded in the records of the Association, make
the Architectural Committee a committee of the Board in accordance with the Texas Non -Profit
Corporation Act.
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ARTICLE 7
FUNDS AND ASSESSMENTS
7.01 Assessments.
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(A) The Association may from time to time levy Assessments against each Lot whether or not
improved. The level of Assessments shall be equal and uniform between all Lots, provided,
however, that no Assessments hereunder shall be levied against Declarant.
(B) Where the obligation to pay an Assessment first arises after the commencement of the year
or other period for which the Assessment was levied, the Assessment shall be prorated as of the
date when said obligation first arose in proportion to the amount of the Assessment year or
other period remaining after said date.
(C) Each unpaid Assessment together with such interest thereon and costs of collection thereof
as hereinafter provided, shall be the personal obligation of the owner of the Lot against which
the Assessment falls due, and shall become a lien against each such Lot and all Improvements
hereon, The Association may enforce payment of such Assessments in accordance with the
provisions of this Article.
7.02 Maintenance Fund. The Board shall establish a maintenance fund into which shall be deposited
all monies paid to the Association and from which disbursements shall be made in performing
the functions of the Association under this Declaration. The funds of the Association must be
used solely for purposes authorized by this Declaration, as it may from time to time be
amended.
7.03 Regular Annual Assessments. Prior to the beginning of each fiscal year, the Board shall estimate
the expenses to be incurred by the Association during such year in performing its functions
under The Villas at Summit Crossing Residential Restrictions, including but not limited to the
cost of all, construction costs of amenities in Common Areas, note payments, entry ways,
landscaping, greenbelts, painting, fence maintenance, common areas, median strip, and right-
of-way maintenance, the cost of enforcing The Villas at Summit Crossing Residential
Restrictions, and a reasonable provision for contingencies and appropriate placement
reserves, less any expected income and any surplus from the prior year's funds. Assessments
sufficient to pay such estimated note payments, , and other expenses shall then be levied as
herein provided, and the level of Assessments set by the Board shall be final and binding so long
as it is made in good faith. If the sums collected prove inadequate for any reason, including
nonpayment of any individual Assessment, the Association may at any time, and from time
to time levy further Assessments in the same manner as aforesaid. All such regular Assessments
shall be due and payable to the Association at the beginning of the fiscal year or during the fiscal
year in equal monthly installments on or before the first day of each month, or in such other
manner as the Board may designate in its sole and absolute discretion.
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7.04 Special Assessments. in addition to the regular annual Assessments provided for above, the
Board may levy special Assessments whenever in the Board's opinion such special Assessments
are necessary to enable the Board to carry out the mandatory functions of the Association
under The Villas at Summit Crossing Residential Restrictions. The amount and due date of any
special Assessments shall be at the reasonable discretion of the Board.
7.05 Owner's Personal Obligation for Payment of Assessments. The regular and special Assessments
provided for herein shall be the personal and individual debt of the owner of the Lot covered by
such assessments. Except as otherwise provided in Section 7.01(A) hereof, no Owner may
exempt himself from liability for such Assessments. In the event default in the payment of any
such Assessment, the owner of the Lot shall be obligated to pay interest at the highest rate
allowed by applicable usury laws then in effect on the amount of the Assessment from due date
thereof (or if there Is no such highest rate, then at the rate of 1-1/2% per month), together with
all costs and expenses of collection, including reasonable attorney's fees.
7.06 Assessment and Fine Lien and Foreclosure. All sums assessed in the manner provided in this
Article but not paid by the Owner, and all fines assessed by the Board in the manner provided in
Section 5.04, shall, together with interest as provided in Section 7.05 hereof and the.cost of
collection, including attorney's fees as herein provided, thereupon become a continuing lien and
charge on the Lot covered by such Assessment or fine, which shall bind such Lot in the hands of
the Owner, and such Owner's heirs, devisees, personal representatives, successors or assigns.
The aforesaid lien shall be superior to all other liens and charges against the said Lot, except
only for tax liens and all sums unpaid on a first mortgage lien or first deed of trust files of record,
securing in either instance sums borrowed for the acquisition or improvement of the Lot in
question. The Association shall have the power to subordinate the aforesaid Assessment and
Fine lien to any other lien. Such power shall be entirely discretionary with theBoardand an
officer of the Association, duly authorized by the Board, shall effectuate such subordination. To
evidence an Assessment and Fine lien, the Association may prepare a written notice of
Assessment and Fine lien setting forth the amount of the unpaid indebtedness, the name of the
Owner of the Lot covered by such lien, and a description of the Lot. Such notice shall be signed
by an officer of the Association, duly authorized by the Board, and shall be recorded in the office
of the County Clerk of Brazos County, Texas. Such lien for payment of Assessments or Fines shall
attach with the priority above set forth from the date such payment becomes delinquent, and
may be enforced subsequent to the recording of a notice of Assessment and Fine lien as
provided above, 'by the foreclosure of the defaulting Owner's lot by the Association in like
manner as a mortgage on real property, or the Association may institute suit against the Owner
personally obligated to pay the Assessment or Fine and/or for foreclosure of the aforesaid lien
judicially. In any foreclosure proceeding, whether judicial or not judicial, the Owner shall be
required to pay the costs, expenses, and reasonable attorney's fees incurred by the Association.
The Association shall have the power to bid on the property at foreclosure or other legal sale
and to acquire, hold, lease, mortgage, convey or otherwise deal with the same. Upon the
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written request of any Mortgagee, the Association shall report to said Mortgagee the status of
any Assessments or Fines relating to the Mortgagee's mortgage and remaining unpaid for longer
than thirty (30) days after due.
ARTICLE 8
EASEMENTS
8.01 Reserved Easements. All dedications, limitations, restrictions, and reservations shown on any
plat covering all or any portion of the Property and all grants and dedications of easements,
right-of-way, restrictions, and related rights made by Declarant prior to the Property becoming
subject to this Declaration, are incorporated herein by reference and made a part of this
Declaration for all purposes as if fully set forth herein, and shall be construed as being adopted
in each and every contract, deed or conveyance executed or to be executed by or on behalf of
Declarant conveying any part of the Property. Declarant also reserves and declares a
maintenance and irrigation easement for the Association on and across the Front Lawn of each
Lot, which area shall be Common Areas, although fee title shall remain in each Owner. Declarant
reserves the right to make changes in and additions to the said easements and rights -of -way for
the purpose of most effectively, efficiently and economically developing and marketing the
Property. Further, Declarant reserves the right, without the necessity of the joinder of any
owner or other person or entity, to grant, dedicate, reserve or otherwise create, at any time or
from time to time, common areas, rights -of -way and easements for public utility purposes
(including, without limitation, gas, cable, water, electricity, telephone and drainage), In favor of
any person or entity, along and on either or both sides of any Lot line, any such easement having
a maximum width of five feet (5') on each side of any Lot line.
8.02 Installation and Maintenance. Easements for installation and maintenance of utilities and
drainage facilities are reserved as shown on the recorded plat. Within these easements, if any,
no structure or other material shall be placed or permitted to remain which may damage or
interfere with the installation and maintenance of utilities; or in the case of drainage easements,
which may change the direction of flow of water through drainage channels in such. easements.
The easement area of each Lot, if any, and all improvements in such area shall be maintained
continuously by the Owner of the Lot, except for those improvements for which a public
authority or utility company is responsible and except for the Association Maintenance Areas.
Neither Declarant nor any utility company using the easements herein or referred to shall be
liable for any damages done by them or their assigns, agents, employees, or servants to
shrubbery, trees, lawns or flowers or other property of the Owners situated on the land covered
by said easements.
8.03 Surface Areas. The surface of easement areas for underground utility services may be used for
planting of shrubbery, trees, lawns or flowers. However, neither the Declarant nor any supplier
of any utility service using any easement area shall be liable to any Owner or to the Association
for any damage done by them or either of them, or their respective agents, employees, servants
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or assigns, to any of the aforesaid vegetation as a result of any activity reasonably relating to the
construction, maintenance, operation or repair of any facility in any such easement area.
8.04 Drainage Easements, Each Owner covenants to provide easements for drainage and water flow,
as contours of land and the arrangement of Improvements approved by the Architectural
Committee thereon require. Each Owner further covenants not to disturb any trees or other
vegetation within the drainage easements as defined in this Declaration and shown on the Plat.
There shall be no construction of Improvements, temporary or permanent, in any drainage
easement, except as may be approved in writing by the Architectural Committee.
8.05 Blanket Easement. An easement is hereby retained in favor of the Association over all Lots and
the Common Areas for the purpose of enforcing The Villas at Summit Crossing Residential
Restrictions in accordance with Section 5.04(E) hereof, and for the construction of, a common
sprinkler system, maintenance of landscaping, or any other item for the common benefit of the
Owners. An easement is further granted for the purpose of repairing and maintaining any such
system so constructed. An entry upon any Lot or the Common Areas to effectuate the foregoing
purposes shall not be deemed as trespass.
ARTICLE 9
MISCELLANEOUS
9.01 Term. This Declaration, including all of the covenants, conditions, and restrictions hereof, shall
run until December 2050, unless amended as herein provided. After December 31, 2050, this
Declaration, including all such covenants, conditions, and restrictions shall be automatically
extended for successive periods of ten (10) years each, unless amended as provided in Section
9.03 below or terminated by written instrument executed by the Owners of at least three -
fourths (3/4) of the Lots within the Property then subject to this Declaration, and filed of record
in the Official Records of Brazos County, Texas.
9.02 Dissolution. Upon termination of this Declaration in accordance with Section 9.01 above, the
Association shall be dissolved. In the event of any such dissolution of the Association, other than
incident to a merger or consolidation, the assets of the Association shall be dedicated to any
appropriate public agency to be used for purposes similar to those of the Association with
respect to the Common Areas. In the event that such dedication is refused acceptance, such
assets shall be granted, conveyed and assigned to any nonprofit corporation, association, trust
or other organization to be devoted to such similar purposes.
9.03 Amendment.
(A) By Declarant. This Declaration may be amended by the Declarant, acting alone, until
March 1, 2018, and thereafter for so long as Declarant holds a majority of the votes of the
Association. No amendment by Declarant shall be effective until there has been recorded in the
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Official Records of Brazos County, Texas, an instrument executed and acknowledged by
Declarant and setting forth the amendment, and, if amended after December 31, 2017, an
Instrument executed and acknowledged by the Secretary of the Association, certifying that the
Declarant had the requisite number of votes.
(B) By Owners. In addition to the method in Section 9.03(A), after December 31, 2017, this
Declaration may be amended by the recording in the Official Records of Brazos County of an
instrument executed and acknowledged by the President and Secretary of the Association
setting forth the amendment and certifying that such amendment has been approved by
Owners entitled to cast at least sixty percent (60%) of the number of votes entitled to be cast
pursuant to Section 5.03 hereof.
9.04 Notices. Any notice permitted or required by this Declaration shall be in writing and may be
delivered either personally or by mail. If delivery is made by mail it shall be deemed to have
been delivered on the third (P) day (other than a Sunday or legal holiday) after a copy of the
same has been deposited in the United States mail, postage prepaid, addressed to the person at
the address given by such person to the Association for the purpose of service of notices. Such
address may be changed from time to time by notice in writing given by such person to the
Association.
9.05 Interpretation. The provisions of this Declaration shall be liberally construed to effectuate the
purposes of creating a uniform plan for the development and operation of the Property and of
promoting and effectuating the fundamental concepts of the Property set forth in this
Declaration. This Declaration shall be construed, governed and enforced under the laws of the
State of Texas.
9.06 Exemption of Declarant. Notwithstanding any provision in this Declaration to the contrary,
neither Declarant nor any of Declarant's activities shall in any way be subject to the control of or
under the jurisdiction of the Architectural Committee. Without in anyway limiting the generality
of the preceding sentence, this Declaration shall not prevent or limit the right of Declarant to (1)
excavate and grade, (ii) construct and alter drainage patterns and facilities, (iil) construct any
and all other types of Improvements, sales and leasing offices, and similar facilities, and (iv) post
signs incidental to construction, sales, and leasing anywhere within the Property.
9.07 Assignment of Declarant. Notwithstanding any provision in this Declaration to the contrary,
Declarant may assign, in whole or in part, any of its privileges, exemptions, rights, and duties
under this Declaration to any other person or entity and may permit the participation, in whole
or in part, by any other person or entity in any of its privileges, exemptions, rights, and duties
hereunder.
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9.08 Enforcement and Nonwaiver.
(A) Right of Enforcement. Except as otherwise provided herein, any Owner at his own expense,
Declarant, and/or the Board shall have the right to enforce any and all of the Provisions of The
Villas at Summit Crossing Residential Restrictions. Such right of enforcement shall include both
damages for, and injunctive relief against, the breach of any such provisions.
(B) Nonwaiver. The failure to enforce any provision of The Villas at Summit Crossing Residential
Restrictions at any time shall not constitute a waiver of the right thereafter to enforce any such
provisions or any other provision of said restrictions.
(C) Liens. The Association shall have the right, when appropriate in It's judgment, to claim or
impose a lien upon any Lot or Improvement constructed thereon in order to enforce any right or
effect compliance with this Declaration.
9.09 Construction.
(A) Restrictions Severable. The provisions of The Villas at Summit Crossing Residential
Restrictions shall be deemed independent and severable, and the, Invalidity or partial invalidity
of any provision or portion thereof shall not affect the validity or enforceability of any other
provision or portion thereof.
(B) Singular Includes Plural. Unless the context requires a contrary construction, the singular
shall include the plural and the plural the singular; and the masculine, feminine or neuter shall
each include the masculine, feminine, and neuter.
(C) Sole and Absolute Discretion. Notwithstanding anything herein to the contrary, whenever a
party to this Declaration is entitled to exercise its "sole and absolute discretion", such discretion
may be exercised by that party for any reason or for no reason, whether such discretion is
arbitrary, uncontrolled or unreasonable. Any parties' exercise of it's "sole and absolute
discretion" shall be final and shall not be subject to appeal or be subject to adjudication by a
court of law, arbitration, mediation, or otherwise.
(D) Captions. All captions and titles used in this Declaration are intended solely for convenience
of reference and shall not enlarge, limit or otherwise affect that which Is set forth in any of the
paragraphs, sections or articles.
(E) Deadlines on Business Day. If any deadline in this Declaration should fall on a Saturday,
Sunday, or a Texas or federal holiday, such deadline shall automatically be extended to the next
business day.
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42OVol1011)596 R 9.64
(F) Choice of Law. This Declaration shall be construed in accordance with the laws of the State
of Texas.
IN WITNESS WHEREOF, Declarant has executed this Declaration as ofthis .9 day of March, 2010.
DECLARANT:.
MONTE VERDE DEVELOPMENT, INC.
By: — C'L.
Andres Vela, President
STATE OF TEXAS §
COUNTY OF BRAZOS §
This instrument was acknowledged before me on the ';��day of March, 2010, by Andres
Vela, President of Monte Verde Development, Inc., a Texas corporation, on behalf of said Corporation.
3:-DAWN L. HOVEH
OMMISSION EXPIRESMay I7, 2olo
Notary Public, State of Texas
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