HomeMy WebLinkAboutLegal DocumentsHLES 950763;PERSHPARK
DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS
PERSHING PARK
THE STATE OF TEXAS §
COUNTY OF BRAZOS §
WHEREAS OJIBWE CORPORATION, a Texas corporation, hereinafter called the Declarant, is the
owner of that real property in Brazos County, Texas, which is more fully described on Exhibit A, attached
hereto and incorporated herein by reference (the "Property"); and
WHEREAS, the Declarant desires to convey the Property subject to certain protective covenants,
conditions, restrictions, liens and charges as hereinafter set forth; and
WHEREAS, 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 held, sold, ..conveyed and occupied subject to the following covenants,
conditions,restrictions, liens and charges, which are for the purpose of protecting the value and desirability
of, and which shall run with, the Property and which 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 meanings hereinafter specified:
1.01 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..02 Architectural Committee Rules and Standards. "Architectural Committee Rules and Standards"
shall mean the rules and regulations adopted by the Architectural Committee, as the same may be
amendedfrom time to time.
1.03 Articles. "Articles" shall mean Articles of Incorporation of PERSHING PARK Homeowners
Association, Inc., as that instrument may be amendedfrom time to time, which instrument is or shall be
filed. in the office of the'Secretary of State of the State of Texas.
1.04 Assessment. "Assessment'° or "Assessments" shall mean such assessments as may be levied
by the Association under the terms and provisions of this Declaration.
1.05 Association. "Association" shall mean PERSHING PARK Homeowners Association, Inc., a
Texas .non-profit corporation., which shall have authority and responsibility for all of the communities and
subdivisions of Pershing Park, as hereafter defined.
1.06 Board. "Board" shall mean the Board of Directors of the Association. Board members may,
but need not be Members of the Association.
1.07 Bylaws. "Bylaws" shall mean the Bylaws of the .Association as adopted by the Board, and from
time to time amended.
#.08 Common Areas. "Common Areas°' shall .mean-.any land conveyed, leased, dedicated or
assigned by Declarant, or by a third party with the Association's consent, to the Association for
maintenance and operation, including, but not limited to, access streets, easements, areas for water
detention or drainage, roads, entry ways, roadways, rights-of-way, parkways, median strips, sidewalks,
parks, trails, paths, ponds, creeks and lakes within the Property.
1.09 Declarant. "Declarant" shall. mean Myrna Hughes, her dulyauthorized representatives or her
heirs or assigns; provided that any assignment of the rights of Myrna.Hughes as Declarant must be
expressly set forth in writing and the mere conveyance of a portion of the Property without written
assignment of the rights of Declarant shall not be sufficient to constitute an assignment of the rights of
Declarant hereunder.
1.10 Declaration. "Declaration" shall mean this instrument as it may be amended from time to time.
1.11 Improvement. "Improvement" shall mean every structure and allappurtenancestkereto of every
type and kind, including, but not limited to buildings, outbuildings, storage sheds, patios, tennis courts,
swimming pools, garages, storage. buildings, fences, .screening walls, retaining walls, stairs, decks,
landscaping, poles, signs, exterior air conditioning, water softener fixtures or equipment, and poles, pumps,
walls, tanks, .reservoirs, pipes, lines, meters, antennae, towers and other facilities. used in connection with
water, sewer, gas., electric, telephone, regular or cable television, or other utilities.
1.12 Lot. "Lot" or "Lots'° shall. mean any parcel or parcels of land within the Property shown as a
subdivided lot on a recorded plat of the Property, together with all Improvements located thereon.
1.13 Member. "Member" or "Members" shall mean any person(s), entity, or entities holding
membership rights in the Association.
1.14 Mortgage. "Mortgage" or "Mortgages°' shall mean any mortgage or deed of trust covering any
Rortion of the Property given to secure the payment of a debt.
1.15 Mortgagee. "Mortgagee" or"Mortgagees" shall mean the holder or holders of any Mortgage
or Mortgages.
1.16 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.
1.17 Person. "Person" or "Persons" shalt mean any individual, individuals, entity or entities having
the legal right to hold title to real property.
1.18 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,
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
PERSH/NG PARK page 2
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.
1.19 PERSHING PARK. "Pershing Park" shall mean the Property.
i.20 PERSHING PARK.Residential Restrictions. "PERSHING PARK Residential Restrictions" shall
mean this Declaration, as the same may be amended from. time to time, together with the PERSHING
PARK Rules, Architectural Committee Rules and the Articles. and Bylaws of the Association as the same
are in effect from time to time.
1.21 PERSHING PARK Rules. °'PERSHING PARK Rules" shall mean the rules and regulations
adopted by the Board as the same may be amended from time to time.
ARTICLE 2.
DEVELOPMENT OF THE PROPERTY
2.01 Development 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 Withdrawal of Land. Declarant may, at any time and from time to time, reduce or withdraw areas
from the Property, and upon such withdrawal, this Declaration and the covenants, conditions, restrictions
and obligations set forth herein shall no longer apply to those lands withdrawn. In order to withdraw lands
from the Property hereunder, Declarant shall be required only to record in the Official Records of Brazos
County, Texas, a notice of withdrawal of land containing the following provisions:
(1) A reference to-this Declaration, which reference shall state the book and page numbers of the
Official Records of Brazos County wherein this Declaration is recorded;
(2) A statement that the provisions of this Declaration shall no longer apply to the withdrawn land;
and
• (3) A legal description of the withdrawn land.
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 Antennae and. Signals. No antenna or other device for the transmission or reception of
television signals, radio signals, or any other form of electromagnetic radiation shall be erected, used, or
maintained on any Lot, whether attached to a building or structure or otherwise, without the prior written
approval of the Architectural Committee. No radio signals, television signals or any other form. of
electromagnetic radiation shall originate from any Lot so as to unreasonably interfere with the reception of
television or radio signals on any other Lot.
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PERSHING PARK Page 3
3.03 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.
3.04 Si ns. No sign of any kind shall be displayed to the public view on the Property without the
prior written approval of the Architectural Committee, except for signs which .are part of Declarant's overall
marketing plan for the. Property. The Architectural Committee may permit signs of any type advertising a
portion of the Property for sale or lease or it may set standards for the same.
3.05. Rubbish and Debris. No .rubbish or debris of any kind shall be placed or permitted to
accumulate upon the Property 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 to
its occupants. Refuse, garbage and trash shall be kept at all times: in covered .containers and such
containers shall be kept within enclosed structures or appropriately screened from view. 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.
3.06 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.
3.07 Li htin No exterior lighting of any sort'shall be installed or maintained on a 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..08 Repair of 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.
3.09 Alteration. or Removal of Improvements. Exclusive of normal maintenance, any construction or
removal in connection with. any Improvement which in any way alters the exterior appearance of said
Improvement shall be performed only with the prior written approval of the Architectural Committee.
3.:10 Solar Equipment. In the event an Owner desires to use solar panels or other solar equipment
in connection with'tthe 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.
3.11'. 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.
3.12 Utility Service. Except as approved in writing by the Architectural Committee, no lines, wires, or
other devices for the communication or transmission of electric current or power, including television, and
radio signal, shall be erected, placed or maintained anywhere in or upon any portion of the property unless
the same shall be ,contained in conduits or cables installed and maintained underground or concealed in,
under or on buildings or other structures approved. by the Architectural Committee. No provision hereof
shall be deemed to forbid .the erection of temporary power or telephone structures incident to the
construction of building or structures approved by the Architectural Committee.
DECLARATION OF COVENANTS, CONDIT/ONS AND RESTRICTIONS
PERSNlNG PARK Page 4
3.13 Drainage. There shall be no interference with the established drainage patterns over any of the
Property, except by Declarant, unless adequate provision is made for property drainage and approved by
the Architectural Committee.
3.14 Hazardous Activities. No activities shall be conducted on the Property and no Improvements
shall be constructed on ahe Property. that are or mightbe unsafe or hazardous to any person or property.
Without limiting the generality of the foregoing, no firearms or fireworks shall be discharged upon the
Property, and no open fires shall be lighted. or permitted except within safe and well designed interior
fireplaces, or in contained barbecue units while attended and in use for cooking purposes.
3.15 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.
3.16 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 a public
utility, in the pertormance of its legitimate functions.
3.17 Temporary Structures. No tent, shack or other temporary building, improvement or structure
shall. be placed upon. ahe Property 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 the Property during
any period of actual construction, which .authorization,. if given, shall. include the nature, size, duration and
locatiorrrn of such structure or structures.
3.18 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.
3.1.9 Mobile Horne. No mobile home or similar equipment shall be parked, kept, placed, maintained,
constructed, reconstructed,.. services or repaired, upon any street, Lot, Common Area or other property;
provided, however, that the provisions of this Section 3.19 shall not apply temporary construction shelters
or facilities maintained during, and used exclusively in connection with, the construction of any Improvement
approved by the Architectural Committee.
320 Automobiles, Trucks, Trailers, Motorcycles, Motorbike Boat Boat Trailers. No motor home, truck
with camper shell, trailer, camper, motorcycle, motorbike, boat, boat trailer or other similar vehicle shall be
constructed, reconstructed, serviced, or repaired on any Lot, Common .area, street or other. property so as
to be visible whatsoever from neighboring property or streets. No inoperable vehicle may be stored or
parked on any Lot, Common Area,. Street (public or private) or any other property so as to be visible
whatsoever from neighboring property or streets.. The provisions of this section 320 shall not apply to
emergency repairs or loading and unloading. .Without the written approval of the board, no automobile,
motorcycle, motorbike, truck with camper shell, trailer, camper, boat, boat trailer, or other motor vehicle
DECLARATION OF COVENANTS, COND/TIONS AND RESTRICTIONS
PERSHING PARK Page S
shall be parked upon any street within the project except for emergency or unusual temporary situations
not exceeding twenty four (24) hours in duration.
3.21 Animals. No animals, birds, fowl, poultry, or livestock, other than a reasonable number of
generally recognized house or yard pets, shall be maintained on any portion of the property and then only
if they are kept, bred or raised thereon. solely as domestic pets .and not for. commercial purposes. No
animal shall. be allowed to make unreasonable amount of noise, or to become a nuisance.
3.22 Maintenance of Lawns and Plantings.. Each Owner shall keep all shrubs, trees, grass and
plantings of every kind on such .Owner's Lot cultivated, pruned, and free of trash and other unsightly
material. Subject to Section 3.29 below, trees, shrubs, vines and plants that die shall be promptly removed.
Declarant, the Association andthe Architectural Committee shall have an easement and the right at any
reasonable time .after hot less than four (4) days notice to ..Owner to cure any. violation of this provision
within such 10-day period, to enter upon any Lot to replace, maintain and cultivate shrubs, trees, grass or
other plantings .located thereon, 'and to charge the cost thereof to the Owner of the Lot as provided in
Section 5.04(E) below.
3.23 Landscape Design. All landscaping shall be designed so as to protect and promote, as far as
practicable, the natural ioeal landscape environment through use of native materials, natural drainage,
indigenous plan selection and site design. All landscaping designs shall:
(A) Be submitted to the Architectural Committee for approval and comply .with Architectural
Committee Rules and Standards.
(B) Maintain. or enhance, wherever possible, existing vegetation within drainage easements to
.prevent"erosion, siltation, or impediment of runoff augmented by development.
(C) Install live, growing sod. acceptable to the Architectural Committee covering the. front and side
yards, within thirty (30) days of occupancy of any residence constructed on a Lot, and an
equivalent substitute which achieves as satisfactory a ground cover in approximately the same
period `of time in the backyard, all such ground cover to be .indigenous to the area, and
maintained in a healthy and growing condition.
(D) lJpon the initial construction of a residence on any Lot, .include .growing and healthy shrubs,
bushes, vegetation and trees in the front yard on the Lot.
3.24 Signs. No signs whatsoever (including, but not limited to, commercial, advertising, "for sale",
"for rent", "open house",.political and similar signs) shall be erected or maintained anywhere on the property
including but not limited to, the inside'. or outside of windows in any buildings located on the property,
except:
(a) Such signs as may be required by legal proceedings;
(b) Not more than two (2) residential identification. signs each of a combined total face area of
seventy-two (72) square inches or less for each Lot;
(c) One (4) "for sale" sign not exceeding five (5) square feet; and
(d) such signs as may be approved from time to time by the Board or the Declarant..
3.25 Mailbox. Mailboxes shall be erected and maintained on each Lot upon which a residence is
situated, and shall 6e fixed on masonry stanchions (columns), approved by the Architectural Committee.
DECLARATION OF COVENANTS, COND/TIONS AND RESTRICT/ONS
PERSHING PARK page 6
over his lot. For these purposes, "established" drainage is defined as the drainage which occurred at the
time the overall grading of the Pershing Park was completed by Declarant.
4.02 Outbuildings. Every outbuilding, inclusive of such structures as a detached garage, storage
building or greenhouse, shall be compatible with the: dwelling to which it is appurtenant in terms of its
design and material composition. All such buildings shall be subject to approval by the Architectural
Committee. In no instance shall an outbuilding, other. than a detached garage, exceed one (1) story in
height or have total floor area in excess of ten percent (10%) of the filoor area of the main dwelling.
4.03 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 ridge
line of the roof,of the proposed Improvement:
4.04 Building Materials; Dwelling Size. All single family dwellings shall be of recognized standard
construction quality, and all exteriors (exclusive of doors, windows, and similar openings) shall be
constructed of at least seventy-five percent (75%) masonry or other material specifically approved in writing
by the Architectural Committee. Masonry includes ceramic tile, brick, rock and all other materials commonly
referred to in the College Station, Texas area as masonry. Unless an exception is granted by the
Architectural Committee, all single family dwellingsshall contain not less than One thousand seven hundred
(1700) square feet of enclosed living space, exclusive of porches (open or covered), decks, garages and
carports.. Each residence shall include an enclosed attached or detached garage or other structure
sufficient to meet the requirements of Section 3.22 above.
4.05. Construction in Place. Thevse of prefabricated materials, including antique homes moved from
other locations, shall be allowed. only with the prior written approval of the Architectural Committee.
4.06 Set-back Requirements. No building shall be located or erected nearer to any Lot line bordering
a street right-of-way than the building line shown on the recorded plat of the Property subdivision section
which',includes such Lot. No building shall be located nearer than seven and one-half (7-1/2) feet to any
interior side Lot lines. No building shall be located nearer than twenty (20) feet from any rear:. Lot line.
Notwithstanding the foregoing, in respect to Lots having irregular shapes,. such building must Abe situated
at a mean distance of at least seven and one-half (7-1/2) feet from each side property line of such Lot, but
in no event closer at any .one point than seven. and one-half (7-1/2) feet from such side property lines.
Furthermore, on such Lots having irregular. shapes, such structure may be constructed as near as twenty-
five (25) feet.. from the rear of the Lot; provided further, however, that detached garages may ~~be as near
as twenty (20) feet from the rear of the Lot and any permitted temporary structures may be situated. as near
as seven and one-half (7-1/2) feet from the rear of any such Lot. For purposes of these covenants, the
eaves of buildings shall not be deemed to be part of a building or structure, but steps and porches shall
be deemed to be a part of a building or structure. This Section shall not be construed to allow any''bulding
or structure to encroach upon another Lot.
ARTICLE 5.
PERSHING PARK OWNERS ASSOCIATION
5.01 Organization. The Declarant has or shall cause the formation and incorporation. of the
Association as a nonprofit corporation created for the purposes, charged with the duties, and vested with
the powers prescribed by law or set forth in its.Articlesand 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.
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PERSH/NG PARK Page 8
5.02 Membership. .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 severed from, or in any
way transferred, pledged, mortgaged, or alienated except togetherwith 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 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.
{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 sixty-six and two-thirds percent (66 2/3%) of the total number
of votes outstanding under Subparagraph A. Thereafter Declarant shall have only the votes,
'rf 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 such power as are expressly set
forth in this Declaration. It shall further have the power to do and perform any and all acts which may be
necessary orproper-for or incidental to the exercise of any of the express powers granted to it by the laws
of Texas or by 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 and
authority at all times:
(A) PERSHING PARK Rules and Bylaws. To make, establish and promulgate,. and in its discretion
to amend or repeal and re-enact, such PERSHING PARK Rules and Bylaws, not in conflict with
this Declaration, as it deems proper to address any and all aspects of its functions.
(B) Insurance. To obtain and maintain in effect policies of insurance which, in the opinion of the.
Board, are reasonablyfiecessary or appropriate to carry out Association functions.
(C) Records. To keep books and records of the Association's affairs.
(D) Assessments. To levy Assessments as provided in Article VII below.
(E) Right. of Entry and Enforcement. To enter at any time in an emergency, or in anon-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 PERSHING PARK Residential
Restrictions or for the purpose of erecting, maintaining or repairing any Improvement to conform
to the PERSHING PARK Residential Restrictions, and the expense incurred by the Association
in connection with the entry upon any Lot and the work conducted thereon shall be a personal
obligation of the Owner of the Lot entered upon, shall be a lien upon the Lot entered on and
Improvements thereon, and shall be enforced in the same. manner and to the same extent as
provided in Article Vil 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
name of an on behalf of any Owner who consents thereto, to commence and maintain. actions
and',suits' o enforce, by mandatory injunction or otherwise, or to restrain and enjoin, any breach
or threatened breach of the PERSHING PARK Residential Restrictions. The Association is also
authorized to settle claims, enforce liens and take all such action as it may deem necessary or
expedient to enforce the PERSHING PARK Residential Restrictions; provided, however, that
DECLARATION OF COVENANTS, CONDIT/ONS AND RESTRICTIONS
PERSHING PARK Page 9
the Board shall. never be authorized to expend any Association funds for the purpose of bringing
suit against Declarant, its successors or assigns. -
(F) Les~al and Accounting Services. To retain and pay for Legal and accounting services necessary
or proper for the operation of the Association.
(G) Delegation to Committees. To setup one or more committees as authorized by the Texas Non-
profit Corporation Act, as the same is amended from time to time.
(H) Employees. To engage such .employees as may be reasonably necessary in the management
of the Association and the performance of its duties.
5.05 Landscape and Maintenance.. The Association shall be authorized to landscape, maintain and
repair easements, .rights-of-way, common areas, entry ways, sidewalks, paths, trails, detention ponds,
lakes, and other areas of the Property, as appropriate.
5.06 Common Areas.
(A) Subject to and in accordance with this Declaration, the Association, acting through the Board,
shall. have. the following duties:
(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, fmprovements, 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 shalt have all rights granted by law to contest the legality and
the amount of such taxes and assessments.
(3) 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 effected through conventional mortgages or deeds of trust,
the. issuance and sale. of development or other bonds, or in any other form or manner
deemed appropriate. by the borrower, whether Declarant or the 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 Improvement '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 limitations ''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:
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PERSH/NG PARK Page 10
(1) To grant and convey. portions of 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 or other recreational facilities or structures;
(b) Roads, street, 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 beclaration, or by any
statue, 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, 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.
(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.
(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, on such terms and provisions as
the Board shall determine., to operate and maintain any of the Common Areas or to provide
any service or pertorm 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. The Declarant, as the agent of the Association, or the
Association, may enter into one or more agreements with the City of College Station, with respect to the
landscaping and maintenance of portions of street right of way, or the dedication of any drainage basin,
park or other common area within the property for municipal maintenance. 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.
DECLARATION OF COVE/VANTS. CONDITIONS AND RESTRICTIONS
PERSHING PARK Page 11
5.08 Indemnification. The Association shall indemnify any director, officer, or member of a committee
duly appointed pursuant. to the Articles or Bylaws who was, is, or is threatened to be made a named
defendant or respondent in any threatened; pending, or completed. action, suit or proceeding, whether civil,
criminal, administrative, ,arbitrative, or investigative, any appeal in such an action, suit, or proceeding, and
any inquiry or investigation that could lead to such an action, suit, or .proceeding (hereinafter a
°'Proceeding") by reason of the fact that such person is or was a director, officer or member of such a
committee of the Association, ,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 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 in 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 initial Voting Members of the Architectural Committee: MyrnaNughes, James
L. Johnson and Guy Land.
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 Declarant has less than fifty percent (50%) of the votes
in the Association. (the Transition: Date), 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, #o the Board by written instrument before such date. Whenever the
Transition Date occurs, 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 Jimited 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 which, in its sole
discretion, are relevant. .Except as otherwise specifically provided herein, prior to the commencement of
any construction of any Improvement on the Property or any portion thereof, the Plans and Specifications
therefor 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
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
PERSHTNG PARK Page 12
of all necessary information, the Architectural Committee shall consider and act upon any and all Plans and
Specffications 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 my 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
unreasonable obstruct the view from other portions of the Property. The Architectural Committee may, but
shall not be required tv, 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 notbe responsible for reviewing any proposed Improvement, nor 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 Review of Proposed Builder. Prior to the commencement. of any construction of any
improvements on the ,Property or any portion thereof, the proposed builder or contractor to be hired by any
owner shall be submitted to the Architectural Committee for approval. The Architectural Committee shall.
be entitled to review, and Owner shall provide, a business resume of the builder, trade and credit
references, and proof of liability and workers compensation insurance. fihe Architectural Committee may
disapprove the proposed builder to construct the improvements based. upon the reputation, credit
worthiness, dependability, and adequacy of insurance, and its decision shall be final and binding, if made
in good faith.
6.09 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. t0 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.
6.11 Work in Progress. The Architectural Committee may at its option inspect all work in progress
to insure compliance with approved Plans and Specifications.
6.12 Nonliability of 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 Owner's Lot or Lots.
DECLARATION OF COVENANTS, CONDITIONS AND RESTR/CTIONS
PERSHJNG PARK Page 13
6.13 Address. Plans and Specifications shall be submitted to the Architectural Committee in care
of Myrna Hughes, 411 Texas Avenue South, 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.
6.14 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.
6.15 Variances. Notwithstanding .any other provision of this Declaration, in order to prevent undue
hardship upon the Owner orOwners of any individual Lot or Lots upon the Property, variance from any
restrictions set. out in this Declaration may be granted by a unanimous .decision of the Architectural
Committee in a written instrument to be duly acknowledged, if .and when such a variance shall ever be
granted.
6.16 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.
6.17 .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 built 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 $oard 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.
ARTICLE 7.
FUNDS AND ASSESSMENTS
7.01 Assessments.
(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 thereon. 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 pertorming 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.
DECLARATION OF COVENANTS, CONDITIONS AIVD RESTRICTIONS
PERSNING PARK Page 14
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 pertorming its functions under
the PERSHING PARK Residential Restrictions, .including but not: limited to the cost of all entry ways,
landscaping, greenbelts, common areas, median strip, and right-of-way maintenance, the cost of enforcing
the PERSHING PARK Residential Restrictions, and a reasonable provision for contingencies and
appropriate replacement reserves, less any expected income and any surplus form the-prior year's funds.
Assessments sufficient to pay such estimated note 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 proveJnadequate 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.
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
PERSHING PARK 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. F~ccept as otherwise provided in Section 7.01(A) hereof, no Owner may exempt
himself from liability for such Assessments. In the event of default in the payment of any such Assessment,
the owner of the Lot shall be obligated #o pay interest at the highest rate allowed by applicable usury laws.
then in effect on the amount of the Assessment fromdue 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 Lien and Foreclosure. All sums assessed in the manner provided in this Article
but paid, 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, .which. shall bind such. lot in the hands of he 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 filed of'record, securing irr 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 lien
to any other lien. Such .power shalF be entirely discretionary with the Board and such subordination shall
be effectuated by an officer of the Association, duly authorized by the Board. To evidence an Assessment
lien, the'Associationrnay prepare. a written notice of Assessment 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 recortled
in the office of the County Clerk-of Brazos County, Texas. Such lien for payment of Assessments shall
attach with. the priority above set forth from the date that such payment becomes delinquent, and may be
enforced subsequent to the :recording of a notice of Assessment 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 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. lJpon the written request
of any Mortgagee, the Association shall report to said. Mortgagee the status of any Assessments relating
to the Mortgagee's mortgage and remaining unpaid for longer than thirty (30) days after due.
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
PERSHING PARK Page 15
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, rights-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. reservesthe
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 seven and one-half (7-1/2) feet on each side of such 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 othermaterial 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, ff 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. .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, streets 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 maybe 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 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 or displace 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 Area for the: purpose of enforcing the. PERSHING PARK Residential Restrictions in
accordance with Section 5.04(E) hereof, and for the construction of a common cable television system, 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
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
PERSFIING PARK Page 16
9.01 Term. This Declaration, including all of the covenants, conditions, and restrictions hereof, shall
run until December 31, .2025, -unless amended as herein provided. After December 31, 2025, this
Declaration, including .all such covenants, conditions, and restrictions shall be automatically extended for
successive period of ten (10) years each,. unless amended as provided in Section 9.03 below or terminated
by a written instrument executed by the Owners of at least three-fourths (3/4) of the Lots within the property
then subject to this Declaration, 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 #hose 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
December 1, 1997, 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 Official Records of Brazos County, Texas, an instrument executed and acknowledged by
Declarant and setting forth the amendment, and an instrument executed and acknowledged by
the Secretary of the Association, certifying that the Declarant had the requisite number of votes.
(B) By Owners. to addition to the method in Section. 9.03 (A), after December 1, 1997, .this
Declaration maybe 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 to be given 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 (3rd) 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. and governed 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 any way limiting the generality of the preceding
sentence, this .Declaration. shall not prevent or limit the right of .Declarant to excavate and. grade, to
construct and alter drainage patterns and facilities, to construct any and all other ypes of Improvements,
sales and leasing'. offices, and similar facilities, and to 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.
DECLARAT/ON OF COVENANTS, CONDITIONS AND RESTRICTIONS
PERSH/NG PARK Page 17
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
PERSHING .PARK Residential Restrictions. Such right of enforcement shall include both
damages for, and injunctive relief against, the. breach of any such provision.
(B) Nonwaiver.. The .failure to enforce any provision of the .PERSHING PARK Residential
Restrictions at any time shall not constitute a waiver of the right thereafter to enforce any such
provision or any other provision of said restrictions.
(C) Liens. The Association shallhave the right, when appropriate in this 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 PERSHING PARK Residential Restrictions shall
be deemed independent and severable, and the invalidity orpartial invalidity of any provision
or portion thereof shall not affect the. validity or enforceability ofi 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) 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.
(D) 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.
(E) Choice of Law. This Declaration .shall be construed in accordance with the laws of the State
of Texas.
~ IN WITNESS W EREOF, Declarant has executed this Declaration as of this ~~ ay of
199
Declarant
Ojibwe Corporation
B ~
Y
Myrna H hes, President (
DECLARATION OF COVENANTS, CONDTf10NS AND RESTRICTIONS
PERSHING PARK Page 18
STATE OF TEXAS
COUNTY OF BRAZOS
This instrument was acknowledged before me on the ~ ay of ~!' V7 , 199, by Myrna
Hughes, President of Ojibwe Corporation, on be
~~~Y S~IA~ON RAY
~lotary pudic State of Texas
N9y Commisseoh Expires
MARCli13,1999
DECLARATION OF COVENANTS, CONDITIONS AND RESTR/CTIONS
PERSHING PARK
Page 19