DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS
(SUMMER LAKE RANCH COMMERCIAL RESERVES)
THIS DECLARATION, made as of the date hereinafter set forth by II SUMMERLAKE, LTD., a Texas limited partnership (herein after referred to as "Declarant").
W I T N E S S E T H:
WHEREAS, Declarant is the owner of the property described on Exhibit "A" attached hereto (the "Property"); and
WHEREAS, it is the desire of Declarant to provide for the preservation of the values and amenities in such Property and, to this end to subject the Building Sites (hereinafter defined) therein to the covenants, conditions and restrictions hereinafter set forth for the benefit of the Property and all present and future owners thereof.
NOW, THEREFORE, Declarant hereby declares that the Property shall be held, sold and conveyed subject to the following easements, restrictions, covenants and conditions, which shall run with said Property and shall be binding upon all parties having any right, title or interest in said Property or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof.
ARTICLE I
1. Definitions. The following definitions shall be applicable to this instrument:
(a) Banking or Financial Institution Use” – the use of a Building Site for the primary purpose of providing banking or other financial services, with or without drive-up teller facilities, to the public (including, without limitation, banks, savings and loan associations, credit unions, and other similar thrift institutions) and includes the use of a Building Site for the purpose of providing banking or financial services to the public that is incidental to other permitted uses hereunder.
(b) "Building Site" - A portion of the land within the Property on which a building may be erected.
(c) "Commercial ACC" - A committee composed of not less than three (3) persons appointed as hereinafter specified to perform the duties and responsibilities hereinafter set forth with respect to the Property.
(d) “Day Care Use” – the use of a Building Site for the primary purpose of a pre-school and/or for a children’s day care facility.
(e) “Excusable Delay” – A period of time equal to the duration of delays caused by fire, act of God, shortage of labor or materials, strike, lockout, casualty or other conditions beyond a person’s reasonable control.
(f) “Fast Food Restaurant Use” – the use of a Building Site for any free-standing restaurant or in-line restaurant having self-serve or counter sale of prepared food and beverages and a drive-thru window.
(g) "Landscape Setback" - The area of a Building Site between a property line and the applicable building set back line for such Building Site.
(h) "Master Landscape Development Guidelines" - A written document establishing comprehensive landscape design, installation and maintenance criteria for the development of those areas within the Property which are to be landscaped in accordance with these Protective Covenants.
(i) “Medical Building Use” – the use of a Building Site for the primary use by doctors, dentists, psychologists, and other similar professionals who will provide from or perform at such premises diagnostic tests, examinations, x-rays, outpatient surgery, and other similar services.
(j) Office Use or Office Building Use the use of a Building Site for general office purposes.
(k) "Owner" - The holder(s) of record title to any Building Site. The holder of any lien or mortgage against all or any part of a Building Site shall not be deemed an "Owner" for purposes of these Protective Covenants prior to a foreclosure of such lien or mortgage or to any other event resulting in the title to such mortgaged Building Site passing to such mortgagee.
(l) "Property" - The tract or tracts of land described in Exhibit A hereto.
(m) "Protective Covenants" - The covenants imposed on the Property by this instrument or by any properly executed amendment hereto.
(n) “Restaurant Use” – the use of a Building Site for which food and beverages are sold to the public for consumption onsite or for take-out.
(o) “Retail Use” – the use of a Building Site for the primary purpose of selling goods and/or services to the general public on a retail basis, including, without limitation, convenience stores and gasoline service stations.
2. Permitted Uses. The Property may be generally used for any commercial use unless prohibited by the provisions of these Protective Covenants or by a separate restrictive covenants instrument imposed on the Property or a portion thereof including, without limitation:
a. Banking or Financial Institution Use;
b. Day Care Use;
c. Fast Food Restaurant Use;
d. Medical Building Use;
e. Restaurant Use;
f. Retail Use; and
g. Other uses specifically permitted by the Commercial ACC, which are consistent in character and use to the above stated Permitted Uses.
3. Prohibited Uses. Except as hereinafter provided, the following operations and uses shall not be permitted on any portion of the Property:
(a) Any use that is offensive by reason of odor, gas, fumes, dust, smoke, noise, pollution or vibration or that otherwise constitutes a nuisance or is hazardous, dangerous or unsafe;
(b) Commercial excavation of building or construction materials (but excluding excavation in connection with construction of improvements on the Property);
(c) Dumping, disposal, incineration, or reduction of garbage, sewage, dead animals, or refuse, or the construction or operation of water or sewage treatment plants or electrical substations (excluding such plants as may be operated by public utility companies or by public or private utility districts or operators or governmental authorities providing services to the Property);
(d) Smelting of iron, tin, zinc or other ores; or refining of petroleum or its products;
(e) Storage in bulk of bulk or used materials;
(f) Industries, including, without limitation, manufacturing, shipping, fabrication facilities and testing facilities, including but not limited to, any factory for heavy manufacturing or industrial purposes, slaughterhouse, tannery, car lots, cemetery, or junkyard, recycling or composting facilities;
(g) Wholesaling of any kind or any auction business;
(h) Any establishment that, as its main business, offers or sells a product or service that is intended to provide sexual gratification to its users or that liquor sales comprise the majority of the establishment's revenues;
(i) Mobile homes, modular homes or tents, camper or recreational vehicles or the servicing of any of the same, penal institutions, half-way houses or other group care facilities for the mentally retarded, mentally ill, alcoholic, substance abuse or aids related;
(j) Any commercial laundry or dry cleaning plant (other than shops serving as a drop-off and pick-up cleaning establishment with minimal cleaning and pressing done on site), mortuary, or similar service;
(k) The operation of any automobile body and fender repair facility; or
(l) Any other activity or use which in the sole discretion of the Commercial ACC is obnoxious to or out of harmony with a first-class single family residential, office, and retailing land development.
No use shall be permitted which is in violation of the laws of the United States or the State of Texas or any subdivision thereof. Written approval by the Commercial ACC of a particular use shall be conclusive evidence of compliance with these Protective Covenants to the extent that such use is not in violation of any law or ordinance. The members of the Commercial ACC shall not be liable to any person in respect of any use for which the Commercial ACC has in good faith granted such approval.
Nothing in the Section 3 shall be deemed to prohibit mineral exploration and production activities by the lessee under an oil and gas lease on a designated drill site within the Property.
4. Architectural and Design Control. Construction or alteration of any building on a Building Site within the Property shall meet the standards set forth in these Protective Covenants and any guidelines from time to time established by the Commercial ACC.
No building or other improvement shall be constructed on the Property and no changes shall be made in any building or improvement which may hereafter be constructed thereon until the plans and specifications therefore (including, without limitation, where applicable in the judgment of the Commercial ACC) a site plan, exterior elevations, colors, construction material, structural design plan, grading and drainage plan, site landscaping and irrigation, all exterior lighting, site signage, plans for off-street parking of vehicles, utility layout, location and nature of recreational equipment, recreational facilities, and recreational areas, the location, design and color of mail boxes or other receptacles for the receipt and distribution of mail) have been submitted to and approved in writing by the Commercial ACC. Such approval process shall extend to type and quality of materials, harmony of exterior design and colors with existing structures on the particular Building Site and on other nearby Building Sites or in the area and location with respect to topography and finished ground elevations.
The Association may from time to time establish development guidelines and standards for site planning, architecture, construction, building materials, sidewalks and landscaping, and, if and when such guidelines and standards are established, the same shall be used as the basis for review and approval or disapproval of plans and specifications. The person or entity submitting plans and specifications for review shall be advised in writing of (i) the approval thereof by the Commercial ACC or (ii) the segments or features thereof which are deemed by the Commercial ACC to be inconsistent or not in conformity with these Protective Covenants and said guidelines and standards. If, within thirty (30) days after the receipt of such plans and specifications by the Commercial ACC, written notice of the disapproval of or objection to features thereof is not received, the approval of the same by the Commercial ACC shall be deemed to have been given. All buildings on the Property shall be built and all other improvements thereon shall be made in accordance with plans and specifications as the same may have been finally approved by the Commercial ACC. Notwithstanding the Commercial ACC's failure to either approve or disapprove the plans and specifications for improvements to be constructed on a Building Site, no improvements or buildings shall be constructed on any Building Site unless all aspects thereof meet all the requirements of these Protective Covenants.
All buildings in the Property shall have exterior walls of permanent, architecturally-finished materials to finished grade acceptable to the Commercial ACC, including but not limited to, brick, stone, stucco, concrete block (finished and painted), glass, and no substantial portion of a building shall be covered with sheet or corrugated aluminum, asbestos, iron or steel. When a construction material is specified herein or in any guidelines promulgated by the Association, another material may be used in lieu thereof, provided such material is determined by the Commercial ACC to be the equivalent of, or better than, said specified material. The members of the Commercial ACC shall not be liable to any person under any theory or under any circumstances in connection with the approval or disapproval of plans and specifications, including, without limitation, any liability based on soundness of construction, adequacy of plans and specifications or otherwise. Further, in the construction of improvements, the Owner of each Building Site must comply with all applicable laws, rules, regulations, zoning ordinances, building codes and governmental requirements including, without limitation, those related to the installation of sidewalks and similar amenities and all ordinances of the City of Houston applicable to the subdivision of property.
5. Architectural Control. The Commercial ACC shall have three (3) members, each having one vote (majority controlling). The initial members of the Commercial ACC shall be appointed by the Declarant and shall serve until December 31, 2008. During that time period the Declarant or its successors or assigns shall have the right to remove any member, as well as the right to appoint all replacement members.
After December 31, 2008, but not before, each member of the Commercial ACC shall be either (i) an Owner, (ii) a principal in, an employee or agent of an Owner, or an employee or agent of a principal in an Owner or the Declarant, or (iii) a lessee or a principal in or agent of a lessee of a Building Site. Subject to the previous and further provisions hereof, in the event of the death, incapacity or resignation of a member of the Commercial ACC, after the date specified above, the remaining member or members of the Commercial ACC shall have the right to appoint a successor member or members to enjoy the full rights, authority and power to carry out the functions of the original member or members. Until such successor member or members shall be appointed and assume an active role in the Commercial ACC, the remaining member or members shall have the full right, authority and power to carry out the functions as provided herein.
In the event all members of the Commercial ACC are removed, become incapacitated, die, or resign, so that there are no existing members, or in the event that the Declarant fails to appoint replacement member(s) within 30 days after written request by an Owner, if prior to December 31, 2008, the duties, rights, powers, and authority of the Commercial ACC shall automatically transfer, without any further formality, to the Board of Directors of the Summer Lake Ranch Property Owners Association, Inc. and from and after the date of such transfer the Board of Directors of such association shall have full right, authority and power, and shall be obligated, to perform the functions of the Commercial ACC as provided herein.
The review and approval of plans pursuant to these Protective Covenants is made on the basis of aesthetic considerations only and no approval of plans and specifications and no publication of design or development guidelines shall be construed as representing or implying that such plans, specifications, or guidelines will, if followed, result in properly designed improvements. Such approvals and guidelines shall in no event be construed as representing or guaranteeing that any improvements built in accordance therewith will be built in a good and workmanlike manner. Neither the Declarant nor the Commercial ACC shall be responsible or liable for any defects in any plans or specifications submitted, revised, or approved pursuant to the terms of these Protective Covenants, any loss or damages to any person arising out of the approval or disapproval of any plans or specifications, any loss or damage arising from the noncompliance of such plans and specifications with any governmental ordinances and regulations, nor any defects in construction undertaken pursuant to such plans and specifications. The purpose of such review primarily seeks to conform the aesthetic appearances of development within the Property.
6. Landscape Installation. The Commercial ACC shall establish the Master Landscape Development Guidelines for the Building Sites within the Property. Landscaping, underground irrigation and berms for all open, unpaved spaces within a Building Site, including, but not limited to, the Landscape Setback, the area between the curb of adjacent streets and property lines, and side and rear building set-back areas, shall be installed by the Owner, at its sole cost and expense, in accordance with the Master Landscape Development Guidelines. Such landscaping shall include, without limitation, visual screening required by these Protective Covenants and the Master Landscape Development Guidelines. Installation of the required landscaping and irrigation within a Building Site must be completed within thirty (30) days following the occupancy or substantial completion of any building, whichever occurs first, subject to reasonable extensions for Excusable Delay.
If such required landscaping and irrigation is not timely installed the Association may cause the same to be installed at the expense of the Owner, in the same manner and with the same effect as if such installation were maintenance required by Section 19 below. The Owner shall require its landscape contractor to guarantee for a minimum period of one (l) year all trees installed on a Building Site and for a minimum period of six (6) months all other plants other than annuals and grass, with such periods to begin upon the date such installation is satisfactorily completed in accordance with the Master Landscape Development Guidelines.
7. Landscape Maintenance. The Owner shall, at its sole cost and expense, maintain all landscaping, berms and irrigation required by these Protective Covenants to be installed by the Owner. All landscaping installed on Building Sites in the Property shall be maintained in accordance with the Master Landscape Development Guidelines. No excavation shall be made on, and no sand, gravel or soil shall be removed from the Property, except in connection with the construction of improvements thereon, and upon completion thereof, exposed ground openings shall be backfilled and disturbed ground shall be graded, leveled, and paved or landscaped. Adequate erosion control shall be maintained during construction on a Building Site. All storm water falling on a Building Site must be collected on site into subsurface drainage structures which must discharge into a storm sewer or other drainage facility approved by the Commercial ACC and which complies with applicable laws and regulations.
The entry monuments, landscaping, and irrigation at the corner of Summer Lake Ranch Drive and West Lake Houston Parkway shall be the maintenance responsibility of the Summer Lake Ranch Property Owners Association, Inc. pursuant to an easement to be granted to such association by the Declarant.
8. Setbacks. Minimum building/improvement and parking area setbacks on Building Sites shall be as follows (measured at right angles from the property line):
|
|
Building Improvements |
Parking Area |
|
West Lake Houston Parkway |
35 ft. |
15 ft. |
|
Summer Lake Ranch Drive |
30 ft. |
14 ft. |
|
Non-Street Side and Rear Property Lines |
20 ft. |
10 ft. |
The Commercial ACC may relax setback requirements where necessary or desirable to accomplish a more effective and compatible land utilization. No building or other structure on a Building Site shall be erected nearer to any property line than is permitted by the applicable building/improvement setback line herein established and no parking areas shall be constructed nearer to any property line than is permitted by the applicable parking area setback line herein established.
9. Parking Requirements. Adequate automobile parking spaces, including, without limitation, spaces for resident, employee, customer and visitor parking shall be provided on each Building Site and all such parking areas shall be internally drained, and permanently surfaced with concrete or asphalt. Minimum parking requirements/spaces shall be, the stricter of the City of Houston requirements at the time of construction, or:
Use Minimum Number of Spaces
Office 3.5 spaces per 1,000 gross square feet of building area devoted to office purposes
Retail 4 spaces per 1,000 gross square feet of building area devoted to retailing purposes
Design and construction of parking areas should provide for a reasonable mix of full size, mid size and compact size parking spaces. No use shall be made of any Building Site or any improvements constructed thereon which requires or is reasonably expected to require or attract parking in excess of the capacity of the facilities maintained for parking on such Building Site. Parking will not be permitted on any street or at any place other than designated parking areas shown on the plans and specifications approved by the Commercial ACC, and the Owner shall be responsible for compliance by its respective tenants, employees, and visitors with the parking requirements of these Protective Covenants. The determination of whether or not a Building Site has adequate off-street parking facilities shall be in the sole discretion of the Commercial ACC. The Owner shall, at its expense, cause to be installed and maintained, in compliance with applicable law and reasonable standards established by the Commercial ACC, adequate no-parking and other traffic control signs on public streets adjacent to such Building Site. All parking areas for Building Sites used primarily for purposes other than retailing shall be screened from public view with approved fencing, or berms and shrubs of type and species and in a manner approved in writing by the Commercial ACC. Unless otherwise approved in writing by the Commercial ACC prior to construction, parking will not be permitted in front of any parking setback line. To the extent that appropriate governmental authority may from time to time require more parking spaces than those required by these Protective Covenants, such governmental requirements shall control, but the minimum parking requirements established by these Protective Covenants shall never be reduced except by prior written approval of the Commercial ACC.
10. Loading Docks. Loading docks will not be permitted to face any adjacent street and provision must be made for all loading and unloading on those sides of a building which do not face a street; provided, however, in any instance in which a building will face streets on two or more sides, a loading dock or docks will be permitted on the side of such building farthest from the street. All loading docks must be screened from public view in a manner approved in writing by the Commercial ACC. In no event will the Commercial ACC approve loading docks which front on West Lake Houston Parkway or Summer Lake Ranch Drive. All loading and unloading activities within the Property shall be conducted at the rear of the buildings and shall be conducted off public streets. A suitable plan for loading and unloading on Building Sites used primarily for retailing purposes shall be established by the Commercial ACC on a site-by-site basis.
11. Screening. No articles, goods, materials, incinerators, storage tanks, refuse containers (other than small garbage containers for use by retail businesses), or like equipment shall be permitted on any Building Site in the open or exposed to public view, or view from the ground floor of adjacent buildings. If it shall become necessary to store or keep such materials or equipment outside of a building, they must be screened from view by a screen of a height at least equal to that of the materials or equipment being stored, but not less than six (6) feet in height. Adequate screening must also be provided to shield such stored materials and equipment from view from the ground floor level of all adjacent buildings. All storage shall be limited to the rear two-thirds (2/3) of a Building Site and under no circumstances shall any materials or equipment be stored between the property lines of a Building Site and the applicable building setback from any street. Water towers, storage tanks, processing equipment, stand fans, skylights, cooling towers, communication towers, vents, roof top mechanical equipment, parapet walls, playground and recreational equipment, recreational areas, and any other structures and equipment on a Building Site or on the improvements thereon must be architecturally compatible (as determined by the Commercial ACC) with such improvements or effectively shielded from view by an architecturally sound method approved in writing by the Commercial ACC. All utility and service system components and trash pick-up stations must be integrated with the building they serve or must be screened by a fence or wall of compatible materials approved in writing by the Commercial ACC and must not be visible above such screening. Ground or pad mounted equipment, such as power transformers and air conditioning equipment, shall be screened from view by fencing or landscaping, all of which must be approved in writing by the Commercial ACC. No boats, trailers, campers, horse trailers, buses, inoperative vehicles of any kind, unmounted camper bodies, boats, rigging, or other vehicles or associated equipment of a recreational or commercial nature shall be parked or stored permanently or semi-permanently on any Building Site unless properly screened from public view in a manner approved in writing by the Commercial ACC. All sales equipment, fixtures and merchandise shall be displayed only in the interior of a building, unless otherwise approved in writing by the Commercial ACC. No clothing or other material shall be aired or dried within the Property except in an enclosed structure. No window or wall type air conditioners shall be used, erected, installed or maintained on or in any building or improvement within the Property.
12. Utilities. No outside pipe conduit, cable, or line for water, gas, sewage, drainage or steam shall be installed or maintained above the surface of the ground within any Building Site unless otherwise approved in writing by the Commercial ACC. Electricity or any other energy or service may be installed above ground only with the prior written approval of the Commercial ACC.
13. Exterior Illumination. Exterior illumination, if such is to be provided on a Building Site, shall be designed to light only buildings, parking areas and walkways and shall not produce glare on adjacent streets or adjacent land. All ground level floodlighting fixtures shall be depressed or screened from public view in a manner approved in writing by the Commercial ACC. Parking area lighting, arcade lighting and all other illumination shall be subject to the written approval of the Commercial ACC.
14. Antennae. No television, radio or other antenna of any type, including satellite dishes, shall be constructed, erected, placed or maintained outside of any building or other improvement within the Property unless the design, construction, location, height and mounting of such antenna shall have received the prior written approval of the Commercial ACC.
15. Animals. Except in connection with the operations of a pet store or a veterinary clinic, no animals, livestock, or poultry of any kind shall be raised, bred, or kept on the Property.
16. Signs. Prior to erecting any sign on a Building Site, detailed drawings and specifications for such proposed sign, including, without limitation, site information signs, shall be submitted to the Commercial ACC for its prior written approval. All signs, both temporary and permanent, on Building Sites which are visible from a public right-of-way within the Property shall conform to overall sign guidelines established by the Commercial ACC and the design and material of every sign on a Building Site in the Property must be approved in writing by the Commercial ACC. Unless otherwise approved in writing by the Commercial ACC, all signs (other than pylon signs located within Building Sites used primarily for retailing purposes) must be attached to a building, parallel to and contiguous with its wall, and must not project above its roof line. No mobile or portable sign and no sign with flashing lights or moving characters shall be permitted. No signs may be painted on buildings or other structures unless otherwise approved in writing by the Commercial ACC. No signs (other than traffic control signs and informational signs erected by or with the permission of the Association) may be erected in any street right-of-way or other easement. With the prior written consent of the Commercial ACC, temporary ground mounted signs may be erected in the setback areas of a Building Site for the sole purpose of advertising the selling/leasing of or businesses to be conducted thereon, and such signs may be larger and of a different character than permanent signs. All temporary signs must be removed when the principal building(s) on the applicable Building Site is substantially occupied. Pylon signs advertising businesses being conducted on Building Sites used primarily for retailing purposes may be located anywhere on such Building Site, subject, however, to the right of the Commercial ACC to approve such size, height, and location.
If, at any time, the purchaser, Owner, occupant or lessee or any Building Site shall be in violation of this Section 16, the Commercial ACC, without being deemed to be guilty of a trespass and without being otherwise liable to such purchaser, Owner, occupant or lessee, or to any other person, may enter upon the Building Site or any part thereof and may remove any sign not complying with this Section 16 or not previously approved as herein required. For purposes of this Section 16, "signs" shall include, without limitation, flags, flagpoles, awnings, bunting, outdoor wall hangings, canopies and pylons. All costs incurred by the Commercial ACC in removing signs which do not comply with this Section 16, together with interest thereon from the date the costs are incurred until repaid at the maximum lawful rate, shall be due and payable by the Owner upon demand. The repayment of such sums shall be secured by the mechanic's lien created by Section 19 below as if such costs were incurred in performing maintenance on such Building Site.
17. Temporary Structures. No temporary building or structure other than construction offices and structures related to construction during building or improvement construction shall be installed or maintained on any Building Site without the prior written approval of the Commercial ACC. All temporary structures used for construction purposes on a Building Site must receive prior approval from the Commercial ACC with regard to location and appearance, and must be removed promptly upon substantial completion of construction of the building or improvement to which they relate.
18. Easements. No structure shall be erected on any easement within the Property, and no improvement may be placed within such easements without the prior written approval of the Commercial ACC and the holder of such easement rights. Easements may be crossed by driveways and walkways upon receipt of the prior written approval of the holder of such easement rights and provided appropriate measures are taken to protect the pipes, lines and installations within such easements. Neither the members of the Commercial ACC nor the holder of such easement rights shall be liable for any damage done by them or their respective assigns, agents, employees or contractors to shrubbery, trees, flowers, plantings or improvements located in, on or under the land burdened by such easements.
19. Maintenance. At all times the Owner shall keep his Building Site and premises and all buildings, improvements, appurtenances, sidewalks, berms and landscaping thereon, in a well-maintained, repaired, safe, clean and attractive condition and free of rubbish and refuse which is not adequately or properly contained. If any improvements within the Property are damaged or destroyed, the Owner of the property containing such improvements shall diligently proceed to restore such improvements to the condition existing prior to such damage or destruction or, in the alterative, raze and remove such improvements and restore the property to a clean and attractive condition. If, in the reasonable opinion of the Commercial ACC, any Owner is failing in its obligations under this Section 19, the Commercial ACC shall give such Owner notice of such fact and such Owner must, within fifteen (15) days of such notice, undertake the repair and maintenance required to restore such Owner's property to a safe, clean and attractive condition. Should any Owner fail to fulfill this duty and responsibility after such notice, then the Commercial ACC shall have the right and power to enter upon such Building Site through its agents, without liability to such Owner (or any lessee, tenant, invitee, customer, or licensee of such Owner) for trespass or otherwise, and to perform such repair and maintenance, and such Owner shall be personally liable for the cost of such work and shall upon demand reimburse the Commercial ACC for the cost thereof. If such Owner shall fail to so reimburse the Commercial ACC within twenty (20) days after demand, such cost shall be a debt of such Owner, payable to the Commercial ACC and shall be secured by a mechanic's and materialman's lien against the buildings and improvements on the applicable Building Site. Such lien shall be subordinate to purchase money liens and liens to finance the purchase and/or construction on such Building Site recorded in the real property records of Harris County, Texas, prior to the date payment of such cost is due, and any foreclosure of any such prior lien shall extinguish the liens securing sums due and payable pursuant to this Section 19 prior to such foreclosure date, but no such foreclosure shall free any Building Site from the lien securing costs thereafter becoming due and payable under this Section 19, or shall extinguish the personal obligation of any such Owner to pay such costs. The duty and responsibility imposed by this Section 19 shall be over and above any maintenance which may otherwise be performable pursuant to these Protective Covenants. All sums advanced by the Association pursuant to this Section 19 shall bear interest at the maximum lawful rate from date of advance until repaid.
Trash, garbage, or other waste shall not be kept except in sanitary containers and no sanitary containers or other trash receptacles shall be located on a Building Site within 25 feet of the western boundary line of the Property. All trash, garbage or other waste shall be removed no less often than once per week.
20. Effect. These Protective Covenants shall be binding upon all current Owners of the Property and all parties claiming by, through and under them and each subsequent Owner of any interest in lands subjected hereto, each of whom shall be bound by these Protective Covenants; provided, however, no Owner shall be liable except in respect of breaches of these Protective Covenants committed during its, his or their ownership of such property. Tenant leases of improvements and the occupancy of all such improvements shall be subject to these Protective Covenants and these Protective Covenants shall be deemed incorporated into and shall be a part of each such lease or occupancy agreement. Each Owner agrees to cause each lessee or occupant of any Building Site to comply with these Protective Covenants and such Owner shall be accountable for the non-compliance by any such lessee or occupant. Additionally, the Commercial ACC may enforce these Protective Covenants against any tenant or occupant. A violation of these Protective Covenants shall not invalidate any mortgage, deed of trust, or other lien acquired and held in good faith, but such liens may be enforced as against any and all property covered thereby, subject, nevertheless, to these Protective Covenants.
21. Enforcement. Enforcement of these Protective Covenants shall be by proceedings at law or in equity against any person or entity violating or attempting to violate any covenant, either to restrain or prevent such violation or proposed violation by an injunction, either prohibitive or mandatory, to obtain any other relief authorized by law. Such enforcement may be by the Commercial ACC or any Owner. The legal fees and costs incurred in the enforcement of these Protective Covenants shall be paid by the person or entity against whom enforcement is sought should it prevail in such action.
22. Validity; Severability. The invalidity or unenforceability or one or more of these Protective Covenants or any part or parts of any Protective Covenants in any instance or as applied to any particular situation shall in no way affect or invalidate the other Protective Covenants or parts thereof or the application thereof to other circumstances, but, to the contrary, all Protective Covenants shall remain in full force and effect during the term herein specified and any extension thereof to the full extent and to all circumstances which may be legally enforceable.
23. Term. These Protective Covenants shall bind the Property for a term of years ending December 31, 2035, after which date these Protective Covenants shall be automatically extended for successive periods of ten (10) years each unless prior to the expiration of the initial term hereof or any renewal period an instrument signed by the Owners of not less than sixty percent (60%) of the land area within the Property is recorded in the real property records of Harris County, Texas stating that these Protective Covenants shall terminate at the end of the initial term or a renewal period, as applicable.
24. Amendment. These Protective Covenants may be amended at any time by a written instrument signed and acknowledged by the then Owners of not less than 60% of the land area within the Property and recorded in the real property records of Harris County, Texas; provided however, any amendment prior to January 1, 2006 must also be signed by the Declarant and by Summer Lake Ranch Phase 2, Ltd., its successors or assignee. Nothing in this paragraph shall be construed as requiring the joinder of any mortgagee or lessee of any property in any instrument or action to alter, amend or extend these Protective Covenants.
25. Variances. The Commercial ACC shall have the right to grant in writing minor variances of any Protective Covenants where the same is, in the good faith judgment of the Commercial ACC, beneficial to the Property and does not materially adversely affect any portion of the Property, whether or not such variance or variances are in existence or are prospective