Deed Restrictions
				DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR SEVEN OAKS, SECTION FIVE
				STATE OF TEXAS § § KNOW ALL PERSONS BY THESE PRESENTS: COUNTY OF TRAVIS § WHEREAS, BEE CAVE OAKS DEVELOPMENT, INC., a Texas corporation, is the owner of that certain 232.77 acres of land and the improvements thereon more particularly described on the Plat (hereafter defined) recorded in Plat Book No. ________, Pages ______ of the Plat Records of Travis County, Texas; and WHEREAS, BEE CAVE OAKS DEVELOPMENT, INC., desires to create a residential community thereon; WHEREAS, in order to create and carry out a general and uniform plan for the improvement, development, sale and use of the land described above, BEE CAVE OAKS DEVELOPMENT, INC., for the benefit of the "Owners" of "Lots" within the "Subdivision" (as such terms are hereinafter defined), does hereby establish and adopt the following Restrictions (as hereinafter defined). ARTICLE I. DEFINITIONS As used in these Restrictions, the terms set forth below shall have the meanings indicated: 1.1 Additional Land - such tract or tracts, parcel or parcels of land, other than the Land, made subject to the Restrictions by Declarant in accordance with the provisions of Article VIII hereof. 1.2 Annual Maintenance Charge - the assessment made and levied by the Board against each Owner and such Owner's Lot in accordance with the provisions of these Restrictions. 1.3 Articles of Incorporation - the articles of incorporation of the Association. 1.4 Association - Seven Oaks Neighborhood Association, Inc., a Texas nonprofit corporation, its successors and assigns. 1.5 Board or Board of Directors - the Board of Directors of the Association, whether such Board be appointed by Declarant or elected by the Association in accordance with the provisions of these Restrictions. 1.6 Bylaws - the Bylaws of the Association. 1.7 C.E.F. (Critical Environmental Feature) - any above or below ground environmental feature requiring protection from any and all types of construction and disturbances, including Drainage and Public Utility Easement construction, and requiring a setback of construction or disturbance as shown on the Plat. 1.8 Commencement of Construction - the date on which foundation forms are set for any structural Improvement, or the first day following the date materials, equipment and other necessary supplies are placed on any Lot in connection with any non-structural Improvement (such as a fence, Landscaping, etc). 1.9 Declarant - Bee Cave Oaks Development, Inc., a Texas corporation, and its successors and assigns that have been designated as such by Declarant pursuant to a written instrument duly executed by Declarant and recorded in the Office of the County Clerk of Travis County, Texas. 1.10 Exterior Area - the portion of a Lot not covered by an Improvement. 1.11 Greenbelt - Lot 81, Block B, out of the Subdivision. 1.12 House - the Improvement constructed on a Lot to be used as the residence of the Owner or occupant of such Lot. 1.13 Improvement - every structure, improvement, fixture and appurtenances thereto of every type and kind constructed on, located on or attached to a Lot, including but not limited to, buildings, outbuildings, storage sheds and buildings, patios, playscapes, sports and tennis courts, swimming pools, pool equipment, spas, satellite dishes, garages, fences, screening and retaining walls, stairs, decks, Landscaping, gates, poles, Signs, exterior air conditioning equipment, exterior lighting and wiring, water softener fixtures or equipment, pumps, wells, tanks, reservoirs, pipes, lines, meters, antennas, towers and other facilities used in connection with water, sewer, gas, electric, telephone, regular or cable television, or other utilities. 1.14 Interior Area - the interior area of any House constructed on any Lot, exclusive of the area within any attached or detached garage, porte cochere, porch, deck or other area which is not climate controlled. 1.15 Land - that certain tract or parcel of land containing approximately 232.77 acres of land in Travis County, Texas, as described on the Plat. 1.16 Landscaping - all growing plants (including, without limitation, grass, vines, groundcover, trees, shrubs, flowers and bulbs) and related materials (including, without limitation, mulch, landscape edging and other materials used to fertilize, cultivate and sustain such growing plants), underground sprinkler irrigation systems, terraces, planters, screening walls, retaining walls, lights, wiring and lighting systems, and such other improvements for the landscaping and scenic enhancement of any of the Lots, any entry area into the Subdivision, or any other portion of the Land. 1.17 Lot or Lots - each of the lots shown by the Plat and those otherwise made subject to the Restrictions by Declarant in accordance with the provisions of Article VIII hereof. 1.18 Main Floor - the floor within any House where the kitchen, living and dining areas are located. 1.19 Maintenance Fund - any accumulation of (i) the Annual Maintenance Charges collected by the Board in accordance with the provisions of these Restrictions for the continued maintenance, insuring, repair and operation of, and the construction of Improvements in, the Subdivision; and (ii) interest, penalties, assessments and other sums and revenues collected by the Board pursuant to these Restrictions. 1.20 Member or Members - one or more Class A or Class B members of the Association, as more particularly described in Article III hereof. 1.21 Mortgage - a security interest, mortgage, deed of trust, or lien instrument granted by an Owner to secure the repayment of a loan made to Owner, duly recorded in the Office of the County Clerk of Travis County, Texas, and creating a lien or security interest encumbering a Lot, a House and/or any Improvements thereon. 1.22 Owner or Owners - any person or persons, firm, corporation or other entity, or any combination thereof, that owns, of record, title to a Lot. 1.23 Plans - the final construction plans and specifications for any Improvement of any kind to be erected, placed, constructed, maintained or altered on any portion of the Land. 1.24 Plat - the map or maps, plat or plats recorded in Plat Book ________, Pages _______, of the Plat Records of Travis County, Texas, relative to the land and identifying same as "Seven Oaks Section Five." 1.25 Restrictions - any covenants, conditions, easements, reservations and stipulations that apply to and govern the improvement, use, occupancy and conveyance of all the Lots in the Subdivision as set out in this instrument and any amendment thereto. 1.26 Rules and Regulations - rules adopted from time to time by the Board concerning the management and administration of the Subdivision for the use, benefit and enjoyment of the Owners. 1.27 Sign - any sign, billboard, marker, flag or other display used to identify or advertise (i) personal property or real property for sale or lease, (ii) a business or other commercial venture, (iii) any political affiliation or candidate, or (iv) any other item, event, service, statement, opinion, or other message of any type. 1.28 Subdivision - the Land, together with all Improvements now or hereafter situated thereon and all rights and appurtenances thereto and all Additional Land, if any, made subject to the Restrictions by Declarant in accordance with the provisions of Article VIII hereof. 1.29 Supplemental Declaration - any Supplemental Declaration of Covenants, Conditions and Restrictions filed for record by Declarant in the Office of the County Clerk of Travis County, Texas, to bring Additional Land within the Restrictions in accordance with the provisions of Article VIII hereof. 1.30 Utility Company or Utility Companies - any public entity, utility district, governmental entity (including without limitation, districts created under Article III, Section 52, or Article XVI, Section 59, of the Texas Constitution) or one or more private entities that regulate, provide or maintain utilities and drainage. ARTICLE II. GENERAL RESTRICTIONS All Land and Improvements within the Subdivision shall be owned, held, leased, used, occupied, encumbered, sold, transferred, assigned and conveyed subject to the following restrictions and requirements: 2.1 Residential Use Restriction; Home Occupations; Rentals. (a) Except as otherwise provided in subsection (b), each Owner shall use his/her Lot and any Improvements situated thereon for single family residential purposes only. As used herein, the term "single family residential purposes" shall be deemed to prohibit specifically, but without limitation, the use of Lots for duplex apartments, garage apartments or other apartment uses or for any business, professional or other commercial activity of any type (except as provided in subsection (b) below). (b) The Owner of any Lot may use any Improvement located thereon for a home occupation, subject to the following terms, conditions and limitations: (i) The home occupation shall be conducted entirely within the House or other Improvement located on the Lot. The House located on the Lot shall be the bona fide residence of the Owner and the practitioner of the home occupation conducted on the subject Lot. (ii) In addition to the Owner's family members residing in the House located on the Lot, no more than one (1) natural person may participate in any and all home occupations conducted on the subject Lot. (iii) The residential character of the Lot and other Improvements located on the Lot shall be maintained at all times. Neither the interior nor the exterior of the House or other Improvements shall be structurally altered so as to require compliance with non-residential construction codes to accommodate any home occupation conducted on the subject Lot. (iv) Any and all home occupations conducted on the Lot shall not generate customer related vehicular traffic in excess of eight (8) vehicles per twenty-four (24) hour day in the Subdivision (excluding vehicle trips for family, household or other residential purposes). Parking for all vehicular traffic generated from any and all home occupations conducted on any Lot shall be provided on the subject Lot and not on any other Lot or other portion of the Subdivision. (v) No equipment or materials associated with any home occupation conducted on the Lot shall be displayed or stored where visible from any other location in the Subdivision outside the boundaries of the subject Lot. (vi) Any home occupation conducted on the Lot shall not produce external noise, vibration, smoke, dust, odor, heat, fumes, electrical or radio frequency interference or waste runoff outside the Improvements located on the subject Lot or on any Exterior Area of the Lot or any portion of the Lots surrounding the subject Lot. (vii) Neither the home occupation conducted on the Lot, nor the street address of such home occupation may be advertised by any means, medium or manner, including, but not limited to, Signs on the Lot or any other portion of the Subdivision, Signs located anywhere outside the boundaries of the Subdivision, newspaper advertisements, television advertisements, radio advertisements, Yellow Pages advertisements or advertisement in any other printed, published, electronic or communication media or network. (c) Except as otherwise provided in this subsection (c), an Owner may lease the Owner’s Lot and all Improvements situated thereon for single-family residential purposes only. Notwithstanding the foregoing, no Owner may lease or rent any guest house, cabana or other secondary building or Improvement on the Owner’s Lot to any person unless the subject Lot, the House and all other Improvements located thereon, are also leased or rented to the same person. 2.2 Approval of Plans. (a) Except for Improvements placed in, on or under the Greenbelt with the Association’s prior consent, no Improvement will be erected, placed, constructed, maintained, altered or removed on any portion of the Land until the Plans for such Improvement have been submitted to and approved in writing by the Board. The determination of the Board shall be in its sole discretion. (b) In determining whether such Plans shall be approved, the Board may take into consideration factors deemed appropriate by the Board. Such factors may include, without limitation, the following: (i) compliance with these Restrictions; (ii) quality of the building materials or Improvements; (iii) harmony of external design of such Improvement with existing and proposed Improvements and with the design or overall character and aesthetics of the Subdivision; (iv) location of such Improvement(s) within the Lot on which it will be constructed or placed; (v) the number of square feet to be contained in such Improvement; (vi) compliance with the Rules and Regulations; and (vii) compliance with laws, ordinances, rules or regulations of any county, state, municipal or other governmental authority. No construction, alteration or removal of any Improvement may commence unless and until the Board has approved such Plan in writing in accordance with the provisions of this Section. Once the Plans are approved in writing by the Board, the construction, alteration or removal shall be substantially completed in conformance with the approved Plans. The Board may condition its approval of any Plans on any reasonable requirements which are designed to protect or enhance the aesthetic qualities of the Subdivision, including, without limitation, the placement or screening of an Improvement so as not to be visible from streets and/or other Lots within the Subdivision. In addition, the Board may impose additional requirements on the Owner of the subject Lot to assure that construction, alteration or removal of the subject Improvements is conducted in accordance with the requirements and provisions of these Restrictions. (c) The Board shall approve or disapprove the Plans in accordance with the following procedures: (i) Two (2) complete sets of Plans shall be delivered to the Board at the address set forth in the Rules and Regulations. (ii) If the Plans are approved by the Board, a letter of approval, including a description of qualifications or required modifications, if any, will be prepared for the countersignature of the Owner. Such approval shall be dated and shall not be effective for construction commenced more than six (6) months after such approval. If construction is not commenced within six (6) months after such approval, Owner shall not begin construction of any Improvement until the corresponding Plans have been resubmitted and reapproved by the Board in accordance with the provisions of this Section 2.2. (iii) If the Plans are disapproved by the Board, one set of such Plans shall be returned marked "Disapproved" and returned to the Owner, together with a statement of reasons for the Board's disapproval. (iv) If the Board fails to provide its written approval to the Owner within thirty (30) days after receipt of Plans, the Board will be deemed to have disapproved such Plans. (v) The Board may require payment by any party who submits Plans for approval of a cash fee to compensate for the expense of reviewing such Plans. The initial fee hereby set for the review of Plans is One Hundred Fifty Dollars ($150.00). If it considers that the circumstances so warrant, the Board may increase such fee without the joinder or consent of any other party. (vi) The Board may, from time to time, promulgate and publish Architectural Standards Bulletins. A copy of such Architectural Standards Bulletins, in effect at the time, will be furnished to Owners upon written request. Such Architectural Standards Bulletins will supplement these Restrictions and may include other and further provisions as to the approval and disapproval of plans and specifications, prohibited construction materials and other matters relating to the appearance, design and quality of Improvements. Such Architectural Standards Bulletins, as may be promulgated from time to time by the Board, shall be incorporated into these Restrictions by this reference effective as of the date same are promulgated. (d) All decisions of the Board shall be final and binding and there shall be no review of any action of the Board. The Board shall have the right to delegate its rights and obligations under this Article II to an Architectural Review Board composed of individuals appointed in accordance with Article IV. No approval of Plans and no publication of Architectural Standards Bulletins shall ever be construed as representing or implying that such Plans, specifications or standards will, if followed, result in a properly designed structure. Such approvals and standards shall in no event be construed as a representation or guarantee by the Board that any structure will be built in a good or workmanlike manner. Neither Declarant, nor the members of the Board or its representatives, shall be liable in damages to anyone submitting Plans to the Board for approval, or to any Owner or lessee of any part of the Subdivision affected by these Restrictions, by reason of or in connection with the approval or disapproval or failure to approve any Plans submitted. Every person who submits Plans to the Board for approval agrees, by submission of such Plans, and every Owner or lessee of any portion of the Subdivision agrees, by acquiring title thereto or interest therein, that he/she will not bring any action or suit against Declarant or the members of the Board, or their respective representatives, to recover any such damages. 2.3 Variances/Exemptions. In the event that any Owner desires to obtain a variance in or exemption from any requirements set forth in these Restrictions for which a variance may be granted, such Owner shall submit a written request for such variance/exemption to the Board (or the Architectural Review Board, if applicable) at least thirty (30) days prior to submission of the Plans for such Improvement(s). Such notice shall set forth in detail the reason(s) why (i) the Owner is unable to comply with the requirements set forth in these Restrictions for which a variance or exemption is requested, and (ii) the variance/exemption is necessary for construction of the Improvement(s). The Board (or the Architectural Review Board, if applicable) shall have thirty (30) days to review such request, and (i) approve such request in writing; (ii) deny such request in writing; or (iii) request additional information from, or changes to, the request by the Owner (in which event the period for review of the variance/exemption request shall be extended not less than ten (10) days following receipt by the Board or the Architectural Review Board, as the case may be, of the requested information or the revised variance/exemption request). The Board or the Architectural Review Board, as the case may be, shall either grant or deny the request for variance/exemption, in writing, on or before the expiration of said 30-day review period (or any extension thereof, as set forth above, if the Board requires additional information from the Owner or modification/revision of such request by Owner). In the event that the Board or the Architectural Review Board, as the case may be, has not granted or denied the variance/exemption request in writing on or before expiration of such 30-day period (or such extended period, if applicable), then the variance/exemption request shall be deemed denied. 2.4 Insurance Rates. Without the prior written approval of the Board (or the Architectural Review Board, if applicable), no Owner shall use or permit the use of such Owner’s Lot or any Improvement thereon for any purpose that would (i) void any insurance in force with respect to the Subdivision; (ii) increase the rate of insurance or case the cancellation of insurance on any Lot or any Improvements located thereon; (iii) make it impossible to obtain any insurance required by these Restrictions; (iv) constitute a public or private nuisance, which determination may be made by the Board (or the Architectural Review Board, if applicable) in its sole discretion; (v) constitute violation of the Restrictions, any applicable law, ordinance, rule or regulation (including the Rules and Regulations); or (vi) unreasonably interfere with the use and occupancy of the Subdivision by other Owners. 2.5 Decoration, Maintenance, Alteration and Repairs. Subject to the provisions of Section 2.2, and subject to the Rules and Regulations, each Owner shall have the right to modify, alter, repair, decorate, redecorate or improve such Owner's Improvement(s) or the Exterior Area of such Owner's Lot, provided that all such action is performed in a good and workmanlike manner and in a manner that causes minimum inconvenience to other Owners and does not constitute a nuisance. Notwithstanding the foregoing, the Board may require any Owner to remove or eliminate any object situated on such Owner's Improvement(s) or Lot that is visible from any street or from any other Lot within the Subdivision, if, in the Board's sole judgment, such object detracts from the visual attractiveness of the Subdivision. 2.6 Landscaping and Easement for Maintenance Thereof. Prior to the occupancy of any House, (i) the front yard of each Lot and the front and side yards adjacent to the street of each corner Lot shall be fully landscaped in accordance with Section 2.10(g); and (ii) one or more native hardwood trees shall be planted on the Lot in accordance with Section 2.10(h). Each Owner shall keep the Landscaping (including, without limitation, all shrubs, trees, grass and other plants) on such Owner's Lot cultivated, pruned, free of trash and other unsightly material, and in a neat and attractive condition. All dead trees, shrubs, grass and other plants located on any Lot shall be removed and replaced with healthy and attractive trees, shrubs, grass and other plants. If the requirements of this Section are not satisfied, the Declarant, the Board, or the Architectural Review Board shall have the right at any reasonable time to enter upon any Lot to repair, remove, replace, maintain and cultivate, as applicable, the Landscaping (including, without limitation, all shrubs, trees, grass and other plants) on said Lot and an easement over and across all Lots in the Subdivision is hereby reserved by the Declarant, for itself, the Board and the Architectural Review Board (if applicable), for such purpose. The costs of any such repair, removal, replacement, maintenance and cultivation performed by Declarant, the Board or the Architectural Review Board shall be billed to the Owner of the subject Lot, and same shall be paid by said Owner within ten (10) days following receipt of such bill. Any such charges shall be collectible and secured in the same manner as provided in Article V for the Annual Maintenance Charges. At the time an Owner submits Plans for construction of any Improvements to be constructed on such Owner’s Lot, the Plans shall include plans and drawings for the Landscaping to be installed and/or placed on such Lot in conjunction with the construction of Improvements shown on such Plans. The Landscaping plans and drawings shall be submitted and approved in accordance with Section 2.2 hereof. 2.7 Trash, Rubbish and Debris. No trash, rubbish or debris of any kind shall be placed or permitted to accumulate upon any Lot and no odors shall be permitted to arise therefrom so as to render such Lot or any portion thereof unsanitary, unsightly, offensive or detrimental to any other Lot, Owner or occupant. All trash, rubbish and debris shall be kept at all times in covered containers designed for that purpose and such containers shall be kept within enclosed structures or appropriately screened from view from any street or adjoining Lot (except during that period, not to exceed 24 hours, during which such trash, rubbish and debris is to be collected and disposed of by the waste disposal provider serving the Subdivision). 2.8 Maintenance of Greenbelt. The Association shall maintain the Greenbelt and any private streets or other portions of the Subdivision owned by the Association, but not streets or other portions of the Subdivision maintained by public authorities. 2.9 Temporary Improvements. No Improvement or structure of a temporary character, trailer (with or without wheels), mobile home (with or without wheels), modular or prefabricated home, tent, shack, barn or other temporary residence or structure of any type, shall be placed on any Lot, either temporarily or permanently, and no residence house, garage or other structure appurtenant thereto, shall be moved upon any Lot from another location. Notwithstanding the foregoing, Declarant reserves the exclusive right to erect, place and maintain, and to permit builders to erect, place and maintain, such facilities in and upon the Land which, in Declarant's sole discretion, Declarant determines may be necessary or convenient during the period of, and in connection with, the sale of Lots and the construction and sale of any Improvements in the Subdivision. Such facilities may include, but shall not necessarily be limited to, a temporary office building, storage area, Signs, portable toilet facilities and a sales office. Declarant and builders shall also have the right to use any House, other Improvement, or any temporary building or other facility situated on a Lot owned by Declarant or such builder, as an office or model home during the period of, and in connection with, construction and sales, resales and operations in the Subdivision. 2.10 Construction. (a) Without the prior written consent of the Board, no building material of any kind or character shall be placed or stored upon any Lot more than thirty (30) days before construction of an Improvement is commenced. All materials permitted to be placed on a Lot shall be placed within the property lines of the Lot. Upon completion of construction of any such Improvement, any unused materials shall be removed immediately from the Lot. After Commencement of Construction of any Improvement on a Lot, the work thereon shall be prosecuted diligently, and any such Improvement shall not remain in a partly finished condition any longer than reasonably necessary for completion thereof. Unless otherwise authorized in writing by the Board prior to Commencement of Construction, the construction of an Improvement on a Lot shall be completed within eighteen (18) months from the date of Commencement of Construction, excluding delays due to strike, war, acts of God or other causes beyond the reasonable control of Buyer. (b) All building materials for all Improvements located on any Lot shall be approved in advance in writing by the Board (or the Architectural Review Board, if applicable). Only new construction materials shall be used in constructing any Improvement on a Lot. All exterior walls of any Improvement situated on any Lot (exclusive of roofs, eaves, soffits, windows and trimwork) shall be constructed of one hundred percent (100%) masonry products, such as (by way of example and not limitation) limestone or stucco, but excluding any prefabricated masonry products. Subject to the requirements of Section 2.2, brick trim may be used in constructing an Improvement. No exterior walls of any Improvement shall be constructed solely of brick; provided, however, the Board (or the Architectural Review Board, if applicable) may, in its sole discretion, grant a variance from the prohibition on the use of only brick for exterior construction of Improvements, upon submission by the Owner to the Board (or the Architectural Review Board, if applicable) of: (i) a written request for permission to use only brick in constructing one or more exterior walls of an Improvement, (ii) a sample of the brick to be used, (iii) the name of the manufacturer of the brick, and (iv) the specifications for the brick provided by the manufacturer. (c) All projections from any Improvement located on a Lot, including, but not limited to, chimney flues, vents, gutters, downspouts, utility boxes, porches, railings and exterior stairways shall match the color of the surface from which such item projects, or shall be of a color approved in writing in advance by the Board (or the Architectural Review Board, if applicable). (d) No highly reflective finishes (other than glass, which may not be mirrored) shall be used on exterior surfaces (other than the surfaces of hardware fixtures used on any Improvements), including, without limitation, the exterior surfaces of any Improvements located on any Lot. (e) The roof of the House and all other buildings located on each Lot (i) shall be constructed of concrete tile, standing seam metal, clay tile or slate; and (ii) shall not be pink, white or any other pastel color, or contain any reflective materials. (f) All window frames in the House and other buildings located on each Lot shall be composed of wood or clad wood. (g) Prior to occupancy of any House on any Lot, and at all times thereafter, the front yard of said Lot must, as a minimum requirement, be sodded or hydro-mulched with grass and must have shrubs and other Landscaping adjacent to the front of the House and other Improvements constructed thereon to screen from view the foundation of such House and other Improvements. (h) Prior to substantial completion and occupancy of any House on any Lot, one or more native hardwood trees shall be planted on such Lot. If only one (1) tree is planted, such tree shall have a trunk diameter of at least four inches (4") measured at forty inches (40") above the grade of the Lot at the place of planting. If more than one (1) tree is planted, then the aggregate of all of the trunk diameters shall be at least four inches (4") measured at forty inches (40") above the grade of the Lot at the place such trees are planted. (i) Each kitchen in each House shall be equipped with a garbage disposal unit, which garbage disposal unit shall at all times be kept in working condition. (j) Not more than two feet (2') of vertical surface of concrete slab of any Improvement shall be visible from any public street or adjacent Lots. Any slab in excess of two feet (2') in height above finished grade shall have at least that excess in height covered with the same masonry used in constructing the Improvement. Any Improvement with a pier and beam foundation shall have all mechanical, electrical, plumbing lines and fixtures located thereunder screened from view from any public street and from adjacent Improvements with a masonry veneer. (k) In addition to the requirements set forth in this Article II, Owners shall comply with all applicable governmental regulations, including, without limitation, Sections 41-35.3(a) and (c) (1979) of the Code of Ordinances of the City of Austin, Texas (as the same may be amended from time to time), which currently provide as follows: (i) no fill on any Lot shall exceed a maximum of four feet (4') of depth; (ii) except for structural excavation, no cut on any Lot shall be greater than four feet (4'); (iii) all building foundations on slopes of fifteen percent (15%) and over, and on fill placed upon slopes fifteen percent (15%) and over, must utilize design and construction practices certified by a registered professional engineer qualified to practice in this field; (iv) every Lot shall be reasonably accessible by a vehicle from the roadway to the probable building site; and (iv) for a minimum travel distance of twenty five feet (25') from the roadway edge, the driveway grade may exceed fourteen percent (14%) only with specific approval of surface and geometric design proposals by the director of the engineering department of the City of Austin or his/her designee. (l) Digging of dirt or the removal of any dirt from any Lot or from any portion of the Greenbelt is prohibited, except as may be necessary in conjunction with the Landscaping or construction of improvements thereon. (m) No vehicular access for construction or other purposes shall be allowed through the Greenbelt or any Lot other than the Lot on which said construction is proposed, unless otherwise approved in writing in advance by the Board (or the Architectural Review Board, if applicable) and the Owner of any such Lot. 2.11 Driveways. (a) The Board (or Architectural Review Board, if applicable) shall have the right to impose limitations on driveway design, including materials, aprons, location and point of contact with roads, streets or other driveways in the Subdivision. Approved materials for driveways for Improvements located on a Lot include brick, brick pavers, tile, stone, concrete and pebbled concrete; provided, however, any concrete or pebbled concrete driveways shall have a decorative border, not less than twelve inches (12") on each side of the driveway, incorporated into such driveway. The materials to be used for construction of any driveways and the type of decorative border to be incorporated into such driveway, if applicable, shall be indicated on the Plans submitted to and approved by the Board (or the Architectural Review Board, if applicable) in accordance with Section 2.2. (b) No Owner may block any drainage ditch (including road ditches) or drainage gutters on curb and gutter streets. Specifications for, and construction of, all drain tiles, culverts in or over any drainage ditch or driveway transitions to the public streets, and the material used therefor, whether to be installed in connection with a driveway or otherwise, shall be set forth in the Rules and Regulations promulgated by the Board from time to time and shall be strictly adhered to by all Owners. 2.12 Garages, Carports, Porte-Cocheres. No carports shall be constructed on any Lot without the prior written consent of the Board; provided, however, this provision does not prohibit the construction of covered driveways or porte-cocheres that are designed as an integral architectural feature of an Improvement. No porte-cochere may be constructed over a building line or setback line without the written permission of the Board. Any covered driveway or porte-cochere is subject to prior written approval by the Board. All garages must be side entry and have garage doors constructed or faced with wood siding or wood shingles or any similar materials which are harmonious in quality and color with the exterior of the appurtenant Improvement and shall be installed with electric opening and closing devices, which devices shall at all times be kept in working condition. Unless otherwise approved in writing by the Board, all garage interiors must be sheetrocked and painted. 2.13 Vehicles, Boats and Rvs. No inoperable automobile, truck or other vehicle shall be kept on any Lot (unless kept within the garage located on such Lot) nor parked on any street within the Subdivision. Recreational vehicles, boats or large commercial trucks or other vehicles (including, without limitation, a wrecker, moving van, truck tractor or tractor trailer) shall not be parked overnight on any street within the Subdivision or on any Lot, unless same is kept within the garage located on such Lot or otherwise completely screened from view from all streets and other Lots within the Subdivision. 2.14 Antennae, Satellite Dishes. Except as provided below, no exterior radio, television antennae or aerial or satellite dish shall be erected or maintained on any Lot; provided, however, that any Owner, upon obtaining the prior written approval of the Board (or the Architectural Review Board, if applicable) may install a satellite dish having a diameter of twenty-four inches (24") or less in an inconspicuous location on or about the Improvements on such Owner's Lot, which location shall be approved in writing prior to installation of said satellite dish by the Board (or the Architectural Review Board, if applicable.) Notwithstanding any provision herein to the contrary, Declarant may lease, sell, transfer or convey a portion of the Subdivision to a cellular telephone service provider for the purpose of constructing a cellular telephone antenna within the Subdivision. 2.15 Exterior Lighting. All exterior lighting on any Improvement must be approved in writing by the Board (or the Architectural Review Board, if applicable) and shall be designed so as to avoid the directing of light toward any House or other building located on any Lot other than the Lot on which such lighting is installed. Notwithstanding any provision herein to the contrary, Christmas lights and other holiday lights shall be permitted without the prior approval of the Board (or the Architectural Review Board, if applicable); provided, however, Christmas lights must be removed by January 15 of the year following installation, and holiday lights must be removed within a reasonable time following such holiday. In the event any Owner or occupant fails to remove any Christmas lights by January 15 (or other holiday lights within a reasonable time following such holiday), the Declarant, the Board or the Architectural Review Board may enter upon such Lot and remove such lights at the Owner's cost and expense. No lighting shall be permitted that constitutes a nuisance or hazard to any Owner or occupant of any Lot. The Board (or the Architectural Review Board, if applicable) shall determine, in its sole discretion, whether the provisions of this Section have been satisfied. 2.16 Signs. Except for Signs displayed by Declarant or its appointees, and only for so long as Declarant or any successors or assigns of Declarant to whom the rights of Declarant are expressly transferred shall own any portion of the Land, no Sign of any kind shall be placed or displayed on any Lot, except in compliance with the following: (i) builders may display one Sign of not more than eight (8) square feet on a Lot for purposes of advertising such Lot and any Improvement situated thereon for sale during the sales and/or construction period; and (ii) any Owner may display one Sign of not more than eight (8) square feet on a Lot improved with a House for purposes of advertising the Lot and completed House for sale. Any such Sign shall be located in front of the House situated on the Lot, or if there is no House on such Lot, then the Sign shall be situated near the front boundary line of such Lot. Notwithstanding any provision herein to the contrary, the Board (or the Architectural Review Board, if applicable) may grant a variance in the location of a Sign if the topography or landscaping on the subject Lot restricts visibility of any such Sign. Declarant or its agent shall have the right to remove any Sign placed or displayed on any Lot in violation of this Section, and in so doing, shall not be liable, and is hereby expressly relieved of any liability for trespass or any other tort in connection therewith, arising from such removal. 2.17 Animals, Livestock and Poultry. No animals (including, without limitation, pigs, hogs, cattle, horses, goats, sheep, wild animals, chickens, ducks, geese or other livestock or poultry of any type) shall be raised, bred or kept on any Lot or on any portion of the Subdivision, except that dogs, cats or other common domestic household pets may be kept on each Lot. No more than three (3) domestic pets may be kept on any Lot. In no event shall animals of any type (including, without limitation, dogs, cats or other domestic household pets) be bred, stabled, boarded or kept on any Lot or portion thereof, for commercial purposes. Kennels and breeding operations of any kind are strictly prohibited. Any domestic pet which is kept or let outside of the Owner’s House shall be kept in a fenced yard reasonably designed, constructed and maintained in order to contain such animal in accordance with these Restrictions or on a leash. Any enclosed area in which domestic animals are kept shall be maintained in a clean, sanitary condition, free of refuse, insects and waste. 2.18 Storage, Burning, Clothes Drying. (a) In no event shall any Lot or portion thereof be used for storage of materials and equipment, except for normal residential requirements or for materials and equipment incident to construction of Improvements thereon, as herein permitted. (b) Burning of anything on any Lot is prohibited (except by use of an incinerator and then only during such hours as permitted by law). (c) The drying of clothes in full public view is prohibited. (d) The Owners or occupants of any Lot situated at the intersection of streets or adjacent to parks, playgrounds or other public areas or facilities, regardless of whether the rear yard or other portion of such Lot is visible to the public, shall construct and maintain a drying yard or other suitable enclosure to screen the following from public view: outside drying of clothes, yard equipment, wood piles or storage piles which are incident to the normal residential requirements of a typical family. 2.19 Air Conditioning/Heating Units and Swimming Pool Pumps/Equipment. No window, roof or wall mounted air conditioner that is visible from any public street shall be used, placed or maintained on or in any Improvement. All air conditioning/heating units, swimming pool pumps and other similar equipment on any Lot shall be screened from view and shall not be placed closer than ten feet (10') from the side or rear property line of said Lot. 2.20 Noise. Except as otherwise provided herein, no exterior speakers, horns, whistles, radios, stereos, bells or other sound devises (other than security devices which are designed and used exclusively for security purposes) shall be located, installed or used on any Lot; provided, however, an Owner may install exterior speakers on the rear portion of the House or other Improvements on such Owner’s Lot of a size and in a location approved in writing by the Board (or the Architectural Review Board, if applicable). In the event installation of exterior speakers is authorized by the Board (or the Architectural Review Board), the Owner shall at all times maintain the volume and other noise emanating therefrom at a reasonable level so as not to disturb or create a nuisance to Owners of adjoining Lots. 2.21 Exempt Property. Notwithstanding any provision herein to the contrary, the Greenbelt shall not be subject to, nor burdened by, the building and use restrictions set forth in these Restrictions, except to the extent the same are expressly made applicable to the Greenbelt. 2.22 Size of Improvements and Setbacks. (a) No Improvement constructed on any Lot shall have more than three (3) stories nor exceed fifty feet (50') in height. The height of any Improvement shall be measured from the lowest finished floor elevation to the ridge line of the roof of the proposed Improvement. Notwithstanding any provision herein to the contrary, any level, floor or portion of any Improvement located on a Lot which is constructed below the grade of the Lot (as such grade existed prior to the subject construction) shall not be counted as a story of the subject Improvement. Unless the Owner of such Lot obtains a variance, to or exemption from, these requirements in the manner set forth below, (i) any House constructed on any Lot shall contain an Interior Area of at least four thousand two hundred (4,200) square feet; and (ii) the Main Floor of any multi-level House constructed on any Lot shall contain at least sixty percent (60%) of the total Interior Area of such House. (b) No Improvement shall be constructed on any Lot closer than fifty feet (50') to the street right-of-way which abuts the front property line of such Lot. No Improvement shall be constructed on any Lot closer than twenty-five feet (25') to the rear property line of such Lot. All Lots shall have a minimum side yard setback (i.e., the setback from the common property line of a Lot and any adjacent Lot, or the setback from any street right-of-way which abuts the side property line of any Lot) of ten feet (10'); provided, however, a side yard setback of five feet (5') shall be permitted as long as (i) the House on the Lot adjacent to such side yard has been constructed; and (ii) there will be at least twenty feet (20') of separation between the House proposed to be constructed on the Lot and the existing House on the adjacent Lot. The front property line of any Lot shall coincide with and abut any street right-of-way. Unless otherwise approved in writing by the Board, each House shall face the front property line of the Lot upon which it is constructed, and each detached garage shall be provided with a driveway access from the front of the Lot. Such driveway access into the garage must comply with the terms stated in Section 2.11 and with all other requirements established by the Board. Unless a variance in the front or rear setbacks required by this Section is granted by the Board (or the Architectural Review Board, if applicable) due to topography and/or physical constraints applicable to a Lot, no Improvement shall be located nearer to the front or rear property lines of such Lot than the minimum building setbacks provided herein. 2.23 Walls, Fences and Hedges. (a) Unless a variance is granted by the Board (or the Architectural Review Board, if applicable), no fence, wall or other similar Improvement shall be erected, placed or altered on any Lot nearer than fifty feet (50') to the front property line of such Lot, nor shall such fence, wall or similar Improvement be located closer to the front property line than the exterior wall of the House which is nearest to said front property line. (b) No front fence constructed on any Lot may be more than six feet (6') in height, and no fence along any side or rear property line of any Lot shall be more than eight feet (8') in height. (c) Any fencing on any Lot shall be constructed solely of stucco, limestone, brick, wrought iron, or a combination of such materials. Chain link, wood, stock fencing and all other types of fencing or fencing materials, other than those described in the preceding sentence, are expressly prohibited. (d) Ownership of any wall, fence or hedge erected on a Lot shall pass with title to such Lot and it shall be the new Owner's responsibility to maintain such wall, fence or hedge thereafter. In the event any Owner or occupant of any Lot fails to maintain said wall, fence or hedge and such failure continues more than thirty (30) days after written notice thereof from the Declarant or the Association, Declarant, its successors or assigns, or the Association, may, at their option, without liability to the Owner for occupancy in trespass or otherwise, enter upon said Lot and cause to be repaired or maintained or to do any other thing necessary to secure compliance with these Restrictions, and to place said wall, fence or hedge in a satisfactory condition, and may bill the Owner or occupant of such Lot for the cost of such work. The Owner or occupant, as the case may be, agrees by the purchase or occupancy of such Lot, to pay such charge immediately upon receipt (but in no event later than ten (10) days following receipt) of such bill. 2.24 Reservations and Easements. (a) Title to all streets, drives, boulevards and other roadways, and to all easements shown on the Plat, is hereby expressly reserved and retained by Declarant subject only to the grants and dedications expressly made on the Plat. (b) Declarant reserves the Greenbelt, utility easements, roads and rights-of-way shown on the Plat for the construction, addition, maintenance and operation of all utility systems (which systems shall include systems for drainage purposes) now or hereafter deemed necessary by Declarant for all utility purposes (which purposes shall include drainage purposes), including systems of electric light and power supply, drainage, telephone service, cable television service, gas supply and water supply, and systems, which utilize services resulting from advances in science and technology. There is hereby created an easement upon, across, over and under all of the Land for ingress and egress for the purpose of installing, replacing, repairing, removing, upgrading and maintaining all utilities. By virtue of this easement, it is expressly permissible for the Utility Companies and other entities supplying services to install and maintain pipes, wires, conduits, service lines, or other utility facilities (which facilities shall include drainage facilities) or appurtenances thereto, on, above, across and under the Land within the drainage and utility easements now or from time-to-time existing and from service lines situated within such easements to the point of service on or in any Improvement. Notwithstanding anything contained in this Section 2.24(b), no utilities (including drainage) or appurtenances thereto may be installed or relocated on the Land until approved by Declarant, or, if applicable, the Board. In addition, no utilities (including drainage) or appurtenances thereto may be installed within the setback of any C.E.F. as shown on the Plat. Except within the setback of any C.E.F., the Utility Companies furnishing service shall have the right to remove all trees situated within the utility easements shown on the Plat, and to trim overhanging trees and shrubs located on portions of the Land abutting such easements. There is also reserved, for the use of all Utility Companies, an unobstructed aerial easement ten feet (10') wide from a plane to (a) the said easements reserved hereby, and (b) all easements shown on the Plat for electric facilities; provided, however, that such easements shall not extend to any areas within the setbacks of any C.E.F. The Greenbelt may be used for utility and drainage purposes and, except for such utility and drainage use, the Greenbelt shall be maintained, to the greatest extent possible, in its natural state. (c) Declarant reserves the right to impose further restrictions and dedicate additional easements and roadway rights-of-way by instrument(s) recorded in the Office of the County Clerk of Travis County or by express provisions in conveyances, with respect to Lots that have not been sold by Declarant. (d) Subject to these Restrictions, Declarant hereby DEDICATES TO THE USE OF THE PUBLIC all streets, drives, boulevards and other roadways, and all easements shown on the Plat; provided, however, that (i) the use thereof by any Utility Company is limited to Utility Companies which have entered into binding written agreements with Declarant for the proper provision of utility systems; and (ii) the use of each joint access easement is limited to the Owners of the Lots served by that joint access easement. (e) Declarant reserves the right to make changes and additions to all easements for the purpose of aiding in the most efficient and economic installation of utility systems. (f) It is expressly agreed and understood that the title conveyed by Declarant to any Lot or other parcel of Land in the Subdivision by contract, deed, or other conveyance shall not in any event be held or construed to include the title to any oil, gas, coal, lignite, uranium, iron ore, or any other minerals, water (surface or underground), gas, sewer, storm sewer, electric light, electric power, telegraph or telephone lines, poles or conduits, or any utilities or appurtenances thereto, constructed by or under the authority of Declarant or its agents or Utility Companies through, along or upon said easements or any part thereof to serve said Lot, parcel of Land, or any other portions of the Subdivision. Declarant hereby expressly reserves the right to maintain, repair, sell or lease such lines, utilities, drainage facilities and appurtenances to any municipality or other governmental agency or to any public service corporation or to any other party. Notwithstanding the fact that the title conveyed by Declarant to any Lot or parcel of Land in the Subdivision by contract, deed, or other conveyances shall not be held or construed to include the title to any oil, gas, coal, lignite, uranium, iron ore or any other minerals, Declarant agrees not to unreasonably interfere with the surface interest of the real property conveyed to an Owner. (g) An easement is hereby granted to the Association in and to the Subdivision, and all portions thereof, for the purposes of providing and maintaining utility services (including, without limitation, electricity, gas, water, sanitary sewer, storm sewer, telephone, telecommunications or television antennae and similar services) to the Improvements. 2.25 Title to and Operation of the Greenbelt. (a) The Board shall have the exclusive right to control the use, maintenance and operation of the Greenbelt. Such right includes, without limitation, the right (i) to borrow money for the purpose of maintaining, operating or constructing improvements on or in the Greenbelt; (ii) in connection with any such borrowing, to grant a lien against the Greenbelt to secure the Board's obligation to repay such money; and (iii) to dedicate or transfer all or any part of the Greenbelt that is owned by the Association to any public agency, authority or utility, and to sell, lease or pledge all or any portion of the Greenbelt to any third party, if the Board deems such action to be in the best interests of the Association. (b) The Board's rights to control the operation of the Greenbelt, as set forth in subsection (b) above, shall not constitute a warranty or representation that any of such rights are contemplated or will be exercised by the Board. Notwithstanding any provision of these Restrictions, Declarant shall have no responsibility whatsoever to construct any improvements in or on the Greenbelt. (c) An easement is hereby granted to the Association to enter upon the Exterior Areas of all of the Lots for the purposes of maintaining, repairing and replacing Landscaping, and maintaining and repairing the Greenbelt in accordance with the terms and provisions of these Restrictions. (e) Declarant may, from time to time, convey all or any portion of the Greenbelt to the Association. 2.26 Subdividing. Except as otherwise provided in this Declaration, no Lot shall be further divided or subdivided, nor may any easements or other interests therein less than fee title to such Lot be conveyed by the Owner thereof without the prior written approval of the Board (or the Architectural Review Board, if applicable); provided, however, that if Declarant is the Owner of any Lot, Declarant may further divide and subdivide any Lot and convey an easement or other interest less than fee title, without the approval or consent of any party. If any Owner owns two or more adjoining Lots, the Owner may combine such Lots into a single Lot by either (i) re-subdividing said Lots into a single Lot or (ii) constructing a House over the common boundary or boundaries of said Lots. In the event an Owner desires to construct a House over the common boundary or boundaries of adjoining Lots owned by said Owner, then the setbacks along the common boundary or boundaries of such Lots are not applicable. If an Owner combines two or more Lots into a single Lot as provided above, then the Owner shall only be required to pay a single Annual Maintenance Charge for said Lots per calendar year. ARTICLE III. MANAGEMENT AND OPERATION OF SUBDIVISION 3.1 Management by Association. The affairs of the Subdivision shall be administered by the Association. The Association shall have the right, power and obligation to provide for the management, construction, maintenance, repair, replacement, administration, insuring and operation of the Subdivision as herein provided for and as provided for in the Bylaws. The business and affairs of the Association shall be managed by its Board of Directors. The Declarant shall appoint, dismiss and reappoint all of the members to serve on the Association's initial Board of Directors (the "Appointed Board") to ensure the stability of the Association and to administer the Association's and the Subdivision's affairs until the first meeting of the Members is held in accordance with the provisions of Section 3.4 hereof and the "First Elected Board" (as hereinafter defined) is elected. The number and term of the directors elected or appointed to the Board shall be in accordance with the Bylaws. The Board of Directors elected at the first meeting of the Members shall be defined for purposes hereof as the "First Elected Board." The Appointed Board may engage the Declarant or any entity, whether or not affiliated with Declarant, to perform the day to day functions of the Association and to provide for the maintenance, repair, replacement, administration and operation of the Subdivision. Without limiting the generality of the foregoing, the Association, acting through the Board, shall be entitled to enter into such contracts and agreements concerning the Subdivision as the Board deems reasonably necessary or appropriate to maintain and operate the Subdivision as a viable single family residential development, including without limitation, the right to grant utility and other easements for uses the Board shall deem appropriate and the right to enter into agreements with adjoining or nearby land owners or governmental entities on matters of maintenance, trash pick-up, repair, administration, security, traffic, operation of recreational facilities, or other matters of mutual interest. 3.2 Membership in Association. Each Owner, including Declarant during the period of time in which Declarant owns any Lot, shall be a Member in the Association and such membership shall terminate automatically when such ownership ceases. Upon the transfer of ownership of a Lot, howsoever achieved, the new Owner thereof shall, concurrently with such transfer, become a Member in the Association. Notwithstanding anything in these Restrictions to the contrary, Utility Companies (including water control and improvement districts) shall not be Members of the Association, even if they own a Lot or a portion of a Lot. 3.3 Voting of Members. There shall be two (2) classes of Members in the Association as follows: (i) the Class A Members, being each Owner of a Lot within the Subdivision; and (ii) the Class B Member, being the Declarant. Each Class A Member shall have one (1) vote for each Lot owned by such Member. The Class B Member shall have nine (9) votes for each Lot owned by Declarant. In the event that ownership interests in a Lot are owned by more than one Member of the Association, such Members shall exercise their right to vote in such manner as they may, among themselves, determine, but in no event shall more than one vote be cast for any Lot (other than a Lot owned by Declarant). Multiple Owners of a single Lot shall appoint one of them as the Member who shall be entitled to exercise the vote for that Lot at any meeting of the Association. Such designation shall be made in writing to the Board and shall be revocable at any time by written notice delivered to the Board. The Board shall be entitled to rely on any such designation until written notice revoking such designation is received by the Board. In the event that a Lot is owned by more than one Member of the Association and no single Member is designated to vote on behalf of all the Members having an ownership interest in said Lot, then none of such Members shall be allowed to vote. All Members of the Association may attend meetings of the Association and all voting Members may exercise their vote at such meetings either in person or by proxy. 3.4 Meetings of the Members. (a) The first meeting of the Members of the Association shall be held when called by the Appointed Board upon no less than ten (10) and no more than fifty (50) days' prior written notice to the Members. Such written notice may be given at any time but must be given not later than thirty (30) days after ninety five percent (95%) of all of the Lots have been sold by the Declarant and a deed recorded in the Office of the County Clerk of Travis County, Texas, for each such Lot. The First Elected Board shall be elected at the first meeting of the Members of the Association. (b) After election of the First Elected Board, annual and special meetings of the Members shall be held at such place and time and on such dates as shall be specified in the Bylaws. (c) At each meeting of the Association, the Watershed Protection Manual prepared by the City of Austin will be made available for review by all Members. 3.5 Election and Meetings of the Board of Directors. The Board of Directors shall be elected and shall meet in the manner set forth in the Bylaws. 3.6 Disputes. In addition to its other powers conferred by law or hereunder, the Board shall be empowered to create procedures for resolving disputes between Owners and the Board or the Association, including appointment of committees to consider and recommend resolutions of or to resolve any such disputes. 3.7 Professional Management. The Board may retain, hire, employ or contract with such professional management as the Board deems appropriate to perform the day to day functions of the Association and to provide for the construction, maintenance, repair, replacement, insuring, administration and operation of the Subdivision and Landscaping associated therewith, as provided for herein and as provided for in the Bylaws. 3.8 Board Action in Good Faith. Any action, inaction or omission by the Board made or taken in good faith shall not subject the Board or any individual member of the Board to any liability to the Association, its' Members or any other party. ARTICLE IV ARCHITECTURAL REVIEW BOARD 4.1 Membership and Term. The Architectural Review Board shall be composed of not less than three (3) and not more than five (5) persons. The Declarant, its successors and assigns, shall have the right to appoint, dismiss and reappoint any and all members of the Architectural Review Board, at any time and from time to time, until this right has been delegated or deemed delegated by the Declarant to the Board, as provided below. The Declarant may delegate to the Board, by written instrument, the right to appoint members to the Architectural Review Board. Such right shall be deemed delegated by the Declarant to the Board effective upon the date that Declarant ceases to own any Lot. Members of the Architectural Review Board shall serve until such member’s resignation or removal and appointment by the Board of a successor. 4.2 Rights and Duties. The Architectural Review Board shall perform all duties delegated to it by the Board. The Architectural Review Board may adopt procedural and substantive rules (which do not conflict with these Restrictions) as it deems necessary or desirable for the performance of its duties, including, but not limited to, a building code, a housing code, a fire code, a landscaping code or other similar code. Any and all rules and regulations adopted by the Architectural Review Board may be amended, repealed or modified at any time and from time to time by the Architectural Review Board. 4.3 Disputes. In addition to its other powers conferred by law or hereunder, the Board shall be empowered to create procedures for resolving disputes between Owners and the Board or the Association, including appointment of committees to consider and recommend resolutions of or to resolve any such disputes. 4.4 Professional Consultants. The Architectural Review Board may retain, hire, employ or contract with such professional consultants as the Architectural Review Board deems appropriate to perform the functions and duties herein delegated to the Architectural Review Board. 4.5 Actions by the Architectural Review Board. The Architectural Review Board may, by resolution unanimously adopted in writing, designate one or more of its members or appoint an agent to take any action or perform any duties for and on behalf of the Architectural Review Board. In the absence of such designation, the vote of a majority of the members of the Architectural Review Board, taken at any meeting of the Architectural Review Board, shall constitute an act of the Architectural Review Board. Any action, inaction or omission by the Architectural Review Board made or taken in good faith shall not subject the Architectural Review Board or any individual member thereof to any liability to the Association, its' Members or any other party. ARTICLE V. MAINTENANCE EXPENSE CHARGE AND MAINTENANCE FUND 5.1 Payment of Annual Maintenance Charge. Each Lot (other than the Lots owned by the Declarant or the Association) shall be subject to an Annual Maintenance Charge of $600.00 per year. The Utility Companies (including water control and improvements districts) will not be obligated to pay any Annual Maintenance Charge, even if a Utility Company owns a portion of a Lot. The amount of the Annual Maintenance Charge for each Lot may be increased or decreased by the Board from time to time, but not more often than once per year. However, if at any time after calendar year 2005, any such change increases the Annual Maintenance Charge by more than twenty percent (20%) of the amount of the Annual Maintenance Charge payable in the preceding calendar year, the change must be approved by a majority of the Owners of Lots in the Subdivision by written vote taken not less than ten (10) days prior to the first day of January of the year in which such increase is scheduled to become effective. 5.2 Payment of Annual Maintenance Charge by Declarant. Notwithstanding anything to the contrary herein, all Lots owned by the Declarant shall be exempt from the payment of an Annual Maintenance Charge. 5.3 Maintenance Fund. The Annual Maintenance Charges collected by the Board shall be paid into the Maintenance Fund and shall be held, managed, invested and expended by the Board, at its discretion, for the benefit of the Subdivision and the Owners of the Lots therein. The Board shall, by way of illustration and not by way of limitation, expend the Maintenance Fund for (i) the administration, management, and operation of the Subdivision, (ii) the maintenance, insuring, repair, replacement and operation of, and the construction of improvements and/or Landscaping on or in the Greenbelt or any other portions of the Subdivision owned by the Association, (iii) the enforcement of these Restrictions by action at law or in equity, or otherwise, including the payment of court costs, as well as reasonable and necessary legal fees, and (iv) all other purposes that are, in the discretion of the Board, desirable in order to maintain the character and value of the Subdivision and the Lots therein. Neither the Board nor the individual members of the Board shall be liable to any person as a result of actions taken by the Board with respect to the Maintenance Fund, except for willful misdeeds. 5.4 Special Assessments. If the Board at any time, or from time to time, determines the Annual Maintenance Charges assessed for any period are insufficient to provide for the continued operation of the Subdivision and the maintenance of the Greenbelt and other duties or obligations of the Association, then the Board shall have the authority to levy such special assessments ("Special Assessments") as it shall deem necessary to provide for such continued maintenance and operation. No Special Assessment shall be effective until the same is approved in writing by Members holding at least a majority of the votes in the Association, or by a majority at any regular or special meeting of the Members. Any such Special Assessment shall be payable (and the payment thereof may be enforced) in the manner herein specified for the payment of the Annual Maintenance Charges. 5.5 Enforcement of Annual Maintenance Charge. The Annual Maintenance Charge assessed against each Owner shall be due and payable, in advance, on the date of the sale of such Lot by Declarant for that portion of the calendar year remaining, and on the second (2nd) day of each January thereafter. In the event any Annual Maintenance Charge is not paid by the Owner and received by the Association on or before the date due, then a late fee ("Late Fee") in the amount of Twenty-Five and No/100 Dollars ($25.00) shall accrue, and be due and payable by the Owner, on the first day of each calendar month following the date that the Annual Maintenance Charge was due, until paid. The Declarant, the Board (on behalf of the Association) and each Owner, by accepting title to his or her Lot(s), stipulate and agree that the Late Fees constitute a reasonable estimate of liquidated damages incurred by the Association for additional administrative expenses, enforcement efforts and other costs, expenses and damages resulting from the delinquent payment by any Owner of the Annual Maintenance Charges, which costs, expenses and damages are difficult to ascertain. To secure the payment of the Annual Maintenance Charge, Special Assessments levied hereunder and any other sums due hereunder (including, without limitation, Late Fees and any amounts incurred by the Association in connection with the maintenance or mowing of any Owner's Lot or any Improvements in order to comply with these Restrictions), a vendor's lien and superior title shall be and is hereby reserved in and to each Lot and all Improvements thereon and assigned to the Association, without recourse, which lien shall be enforceable as hereinafter set forth by the Association or the Board on behalf of the Association. The liens described in this Section 5.5 and the superior title herein reserved shall be deemed subordinate to any Mortgage for the purchase or improvement of any Lot and any renewal, extension, rearrangements or refinancing thereof. The collection of such Annual Maintenance Charge and other sums due hereunder may, in addition to any other applicable method at law or in equity, be enforced by suit for a money judgment and in the event of such suit, the expense incurred in collecting such delinquent amounts (including Late Fees, costs and attorneys' fees) shall be chargeable to and be a personal obligation of the defaulting Owner. The voting rights of any Owner in default in the payment of the Annual Maintenance Charge, or other charge owing hereunder for which such Owner is liable, may be revoked by action of the Board for the period during which such default exists. Notice of the lien referred to in the preceding paragraph may be given by recording, in the Office of the County Clerk of Travis County, Texas, an affidavit, duly executed, sworn to and acknowledged by an officer of the Association, setting forth the amount owed, the name of the Owner or Owners of the affected Lot according to the books and records of the Association, and the legal description of such Lot. Each Owner, by acceptance of a deed to a Lot, hereby expressly recognizes the existence of such lien as being prior to such Owner's ownership of such Lot and hereby vests in the Association and the Board the right and power to bring all actions against such Owner or Owners personally for the collection of such unpaid Annual Maintenance Charge and other sums due hereunder as a debt, and to enforce the aforesaid lien by all methods available for the enforcement of such liens, both judicially and by non-judicial foreclosure pursuant to Section 51.002 of the Texas Property Code (as the same may be amended or revised from time to time) and, in addition to and in connection therewith, by acceptance of the deed to a Lot, each Owner expressly GRANTS, BARGAINS, SELLS AND CONVEYS to the President of the Association from time to time serving as trustee (and to any substitute or successor trustee as hereinafter provided for), such Owner's Lot, and all rights appurtenant thereto, in trust, for the purpose of securing the aforesaid Annual Maintenance Charge and other sums due hereunder and remaining unpaid by such Owner from time to time. The trustee herein designated may be changed any time and from time to time by execution of an instrument in writing signed by the President or Vice President of the Association and attested to by the Secretary of the Association and filed in the Office of the County Clerk of Travis County, Texas. In the event of the election by the Board to foreclose the lien herein provided for nonpayment of sums secured by such lien, then it shall be the duty of the trustee (or any successor trustee), at the request of the Board (which request shall be presumed), to enforce this trust and to sell such Lot, and all rights appurtenant thereto, at the door of the County Courthouse of Travis County, Texas, on the first Tuesday in any month between the hours of 10:00 a.m. and 4:00 p.m. to the highest bidder for cash at public venue after the trustee (or successor trustee) and the Board, respectively, shall have given notices of the proposed sale in the manner hereinafter set forth and to make due conveyance to the purchaser or purchasers at such sale, with general warranty of title to such purchaser or purchasers binding upon the Owner(s) of such Lot and such Owner(s)' heirs, executors, administrators and successors. The trustee shall give notice of such proposed sale by posting a written notice of time, place and terms of the sale for at least twenty-one (21) consecutive days preceding the date of sale at the Courthouse door of Travis County, Texas, and, in addition, the Board shall serve written notice at least twenty-one (21) days preceding the date of sale or the proposed sale, by certified mail, on each such Owner or Owners according to the records of the Association. Service of such notice shall be completed upon deposit of the notice, properly addressed to such Owner or Owners at the most recent address as shown by the records of the Association, postage paid, in a post office or official depository under the care and custody of the United States Postal Service. The affidavit of any person having knowledge of the facts to the effect that such service was completed shall be prima facie evidence of the fact of such service. At any foreclosure, judicial or non-judicial, the Association shall be entitled to bid up to the amount of the sum secured by its lien, together with costs and attorneys' fees, and to apply as a cash credit against its bid all sums due to the Association covered by the lien foreclosed. From and after any such foreclosure, the occupants of such Lot shall be required to pay a reasonable rent for the use of such Lot and such occupancy shall constitute a tenancy-at-sufferance, and the purchaser at such foreclosure sale shall be entitled to the appointment of a receiver to collect such rents and, further, shall be entitled to sue for recovery of possession of such Lot by forcible detainer without further notice. It is the intent of the provisions of this Section to comply with the provisions of Section 51.002, Texas Property Code, relating to non-judicial sales by power of sale and, in the event of the amendment of said Section 51.002 hereafter, which amendment is applicable hereto, the President of the Association, acting without the joinder of any Owner, Mortgagee or any other person, may, by amendment to these Restrictions filed in the Office of the County Clerk of Travis County, Texas, amend the provisions hereof so as to comply with said amendments to Section 51.002. ARTICLE VI. INSURANCE 6.1 General Provisions. The Board shall obtain liability insurance for the Greenbelt in such amounts as the Board shall deem desirable. Additionally, the Board may, in its discretion, obtain casualty and any other type of insurance covering the Greenbelt and any Improvements constructed by or on behalf of the Association thereon, and Directors and Officers insurance for the Board, in such amounts as the Board deems desirable. 6.2 Policies. All policies of insurance provided for in this Article VI shall name as insured the Association, as trustee for each Owner. Each such policy shall be without contribution with regard to any other policies of insurance carried individually by an Owner, and shall provide that such policy shall not be terminated for any cause without at least thirty (30) days prior written notice to the Association. Any proceeds paid in respect of any insurance policy obtained by the Board pursuant to this Article VI shall be held and disbursed by the Board in accordance with these Restrictions. 6.3 Subrogation. Each Owner and the Association agree to and hereby waive all rights of subrogation against the Declarant that they may have now or in the future under or with respect to any insurance policies. 6.4 Individual Insurance. Each Owner shall be responsible for insuring his/her Lot and Improvements, and any contents and furnishings therein. All policies of casualty insurance carried by each Owner shall be without contribution with respect to the policies of casualty insurance, if any, obtained by the Board for the benefit of all of the Owners as provided above. Each Owner, at his/her own cost and expense, should carry an individual policy of liability insurance insuring against the liability of such Owner. ARTICLE VII. FIRE OR CASUALTY, REBUILDING 7.1 Rebuilding. In the event of a fire or other casualty causing damage or destruction to a Lot or the Improvements located thereon, the Owner of such damaged or destroyed Lot or Improvements shall, within three (3) months after such fire or casualty, contract to repair or reconstruct the damaged portion of such Lot or Improvements and shall cause such Lot or Improvements to be fully repaired or reconstructed in accordance with the original Plans therefor, or in accordance with new Plans presented to and approved by the Board as provided in Section 2.2. Repair and reconstruction of any damaged Improvements shall be promptly commenced and diligently pursued to completion, and the Improvements shall not remain in a partly finished condition any longer than reasonably necessary for completion thereof. Alternatively, such damaged or destroyed Improvements shall be razed and the Lot restored as nearly as possible as its prior condition. 7.2 Indemnity of Association. Each Owner shall be responsible for any damages, liability, costs or claims which result from the negligence or misuse of any portion of the Subdivision by such Owner or such Owner's family, tenants, guests, invitees, agents or employees, or any other resident or occupant of such Owner's House, and such Owner shall indemnify the Association and all other Owners against any such costs. ARTICLE VIII. ANNEXATION OF ADDITIONAL LAND 8.1 Additions by Declarant. Declarant hereby declares that it presently contemplates that at a future time the Subdivision may be expanded (but Declarant does not hereby obligate itself to expand the Subdivision) by adding, from time to time, Additional Land. These Restrictions shall become effective with respect to any such annexed Additional Land on the date on which there is filed for record in the Office of the County Clerk of Travis County, Texas, a Supplemental Declaration to that effect signed and acknowledged by Declarant. Such Supplemental Declaration shall (i) describe the Additional Land; (ii) list the Lots that constitute the Subdivision as of the effective date of the Supplemental Declaration; (iii) refer to these Restrictions; and (iv) declare that these Restrictions shall apply to, and encumber, such Additional Land that Declarant intends to add to the Subdivision. The Supplemental Declaration shall specify the number of Lots that are being annexed to the Subdivision by reason of the filing for record of said Supplemental Declaration. Upon the filing of the Supplemental Declaration, each Lot comprising the Annexed Land shall be included within the definition of Lots as set forth in Article I hereof. Declarant may cause to be recorded as many separate Supplemental Declarations as may be desired from time to time and at any time, to effect the annexation of Additional Land. Annexation of Additional Land may be accomplished by Declarant without the consent of any other party or entity. 8.2 Encompassing Nature of the Restrictions. Upon the filing of a Supplemental Declaration annexing Additional Land into the Subdivision, in compliance with the provisions of Section 8.1 above, these Restrictions shall thereafter apply to and affect all of the Land described in these Restrictions and the Additional Land described in any such Supplemental Declaration and shall also bind all owners of any part of such Additional Land with the same effect as if the Additional Land described in the Supplemental Declaration were originally (i) subject to and described in these Restrictions and (ii) included within the definition of the "Land." Thereafter, the powers and responsibilities of the Board shall be co-extensive with regard to all Land and Additional Land included within the Subdivision, as expanded, and the Board shall, pursuant to the provisions of these Restrictions, constitute the Board for the Subdivision, as expanded, and the rights, obligations and duties of each Owner shall be determined in the same manner that the rights, obligations and duties of the Owners were determined prior to the recordation of such Supplemental Declaration. The Board shall thereupon continue to maintain one Maintenance Fund for the collection and disbursement of monies as required and permitted hereby for the maintenance, repair and operation of the Subdivision, as expanded, and the Subdivision, as expanded, shall be deemed to be a single family residential project for the purposes and in accordance with the provisions of these Restrictions. 8.3 Declarant's Power to Expand the Subdivision. Declarant further reserves the right, at any time and from time to time, without the consent of any other party or entity, to take such action as may be deemed necessary by Declarant to expand satisfactorily the Subdivision. Declarant further reserves the right, without the consent of any other party or entity, to make such additions, deletions and modifications to these Restrictions with respect to the Additional Land, as may be necessary to reflect the different character, if any, of such portion of the Additional Land from the remainder of the Subdivision, or as may be necessary or desirable for any other reason. Such additions, deletions and modifications shall be set forth in the Supplemental Declaration relating to such portion of the Additional Land. 8.4 Declarant's Power-of-Attorney. Each Owner hereby appoints Declarant as its attorney-in-fact for the purpose of effecting the provisions of this Article VIII, and the power hereby granted to Declarant shall be, and is, a power coupled with an interest and is irrevocable. 8.5 Additional Land Not Subject to Restrictions Until Annexation. These Restrictions, including, but not limited to, this Article VIII, do not presently create any interest in, or with respect to, the Additional Land, and these Restrictions shall not affect in any manner all or any part of such Additional Land unless and until a Supplemental Declaration is filed with respect thereto or to a portion thereof in accordance with this Article VIII. ARTICLE IX. AMENDMENT TO DECLARATION 9.1 Amendment by Declarant. Notwithstanding anything to the contrary contained in these Restrictions, the Declarant shall have and hereby reserves the right at any time, without the joinder or consent of any other party or entity, to amend these Restrictions by an instrument in writing duly signed, acknowledged and filed for record in the Office of the County Clerk of Travis County, Texas, so long as such amendment (in the sole discretion of the Board) will not be inconsistent with the general overall plan for the development of the Subdivision. 9.2 Amendment. Except as otherwise provided by law and by Section 9.1, the provisions hereof may be amended by an instrument in writing signed by Members having not less than two-thirds (2/3rds) of the total votes in the Association that may be cast thereupon, but no such amendment shall be effective until a written notice thereof is duly recorded in the Office of the County Clerk of Travis County, Texas. The Bylaws of the Association may be amended as therein set forth. ARTICLE X DURATION AND ENFORCEMENT OF RESTRICTIONS 10.1 Duration. These Restrictions shall remain in full force and effect until January 1, 2025, and shall be extended automatically for successive ten (10) year periods; provided, however, that these Restrictions may be terminated on January 1, 2025, or on the commencement of any successive ten (10) year period, by filing for record in the Office of the County Clerk of Travis County, Texas, an instrument in writing signed by Members having not less than two-thirds (2/3rds) of the total votes in the Association that may be cast thereupon. 10.2 Enforcement of Restrictions. THE ASSOCIATION, THE BOARD AND THE ARCHITECTURAL REVIEW BOARD, IF APPLICABLE, HAS THE RIGHT TO DEVELOP A SYSTEM OF FINES AND OTHER REMEDIAL ACTIONS WHICH MAY BE NECESSARY OR DESIRABLE TO ENFORCE AND MONITOR COMPLIANCE WITH THESE RESTRICTIONS. IN THE EVENT THAT ANY OWNER VIOLATES ANY OF THESE RESTRICTIONS, THE BOARD (OR THE ARCHITECTURAL REVIEW BOARD) SHALL PROVIDE WRITTEN NOTICE TO THE OWNER OF SUCH VIOLATION, BY HAND DELIVERY OR CERTIFIED MAIL, RETURN RECEIPT REQUESTED, TO THE OWNER’S ADDRESS. THE OWNER SHALL HAVE A PERIOD OF NOT LESS THAN FIVE (5) DAYS FOLLOWING THE DATE OF SUCH NOTICE TO CURE THE DEFAULT OR VIOLATION. IF, AFTER SAID 5-DAY PERIOD (OR SUCH LONGER PERIOD OF TIME AS IS AGREED TO BY THE BOARD OR THE ARCHITECTURAL REVIEW BOARD OR IS NECESSARY TO COMPLETE CURE OF THE VIOLATION, SO LONG AS THE OWNER HAS COMMENCED CURING THE VIOLATION AND THEREAFTER DILIGENTLY PURSUES SUCH CURE), THE OWNER HAS FAILED OR REFUSED TO REMEDY THE VIOLATION, THE BOARD (OR THE ARCHITECTURAL REVIEW BOARD) MAY IMPOSE A FINE ON SUCH OWNER IN AN AMOUNT NOT TO EXCEED $200.00 PER DAY FOR EACH DAY SUCH VIOLATION CONTINUES. ANY FINE IMPOSED BY THE BOARD (OR THE ARCHITECTURAL REVIEW BOARD) SHALL BE PAID BY THE OWNER TO THE ASSOCIATION, UPON DEMAND, AND IS SECURED AND MAY BE COLLECTED IN THE MANNER SET FORTH IN ARTICLE V. ARTICLE XI. MISCELLANEOUS 11.1 Severability. In the event of the invalidity or partial invalidity or partial unenforceability of any provision or a portion of these Restrictions, the remainder of these Restrictions shall remain in full force and effect. 11.2 Rules and Regulations. The Rules and Regulations may be amended from time to time by the Board. The Rules and Regulations are of equal dignity with, and shall be enforceable in the same manner as, these Restrictions, but in the event of a conflict, these Restrictions shall control. Each Owner, by accepting conveyance of a Lot, agrees to comply with and abide by the Rules and Regulations, as the same may be amended from time to time. 11.3 Exhibits. The exhibits attached hereto are hereby incorporated by reference into these Restrictions for all purposes as if set out verbatim herein. 11.4 Number and Gender. Pronouns, whenever used herein, and of whatever gender, shall include natural persons and corporations, entities and associations of every kind and character, and the singular shall include the plural, and vice versa, whenever and as often as may be appropriate. 11.5 Articles and Sections. Article and section headings in these Restrictions are for convenience of reference and shall not affect the construction or interpretation of these Restrictions. Unless the context otherwise requires, reference herein to Articles and Sections are to Articles and Sections of these Restrictions. 11.6 Delay in Enforcement. No delay in enforcing the provisions of these Restrictions with respect to any breach or violation thereof shall impair, damage or waive the right of any party entitled to enforce the same to obtain relief against or recover for the continuation or repetition of such breach or violation or any similar breach or violation thereof at any later time or times. BEE CAVE OAKS DEVELOPMENT, INC. By: Name: Title: THE STATE OF TEXAS § § COUNTY OF TRAVIS § This instrument was acknowledged before me on the ____________ day of ______________________________, 2000, by _______________________________________, the ___________________________ of BEE CAVE OAKS DEVELOPMENT, INC., a Texas corporation, on behalf of said corporation. [SEAL] Notary Public in and for the State of Texas My Commission Expires: FIRST AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR SEVEN OAKS, SECTION 5 THE STATE OF TEXAS ' ' COUNTY OF TRAVIS § This FIRST AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR SEVEN OAKS, SECTION 5 dated effective as of ______________, 2001 (the "First Amended Restrictive Covenant"), by BEE CAVE OAKS DEVELOPMENT, LTD., a Texas limited partnership ("Declarant"); W I T N E S S E T H: Reference is made to the map or plat of SEVEN OAKS, SECTION 5, a subdivision in Travis County, Texas, recorded in Document Number 200000295 of the Plat Records of Travis County, Texas. Reference is also made to that certain Declaration of Covenants, Conditions and Restrictions for Seven Oaks, Section 5, recorded in Document Number TRV2000151246 of the Real Property Records of Travis County, Texas (hereinafter called the "Original CC&R’s"). Declarant, as the successor by statutory conversion to Bee Cave Oaks Development, Inc., the "Declarant" under the Original CC&R’s, and pursuant to its power and authority under Section 9.1 of the Original CC&R’s, and in the furtherance of the overall plan for the development of the "Subdivision" (as such term is defined in the Original CC&R’s) has determined that amendment of the Original CC&R’s is necessary as set forth hereinafter. Declarant has requested Travis County to accept for maintenance the subdivision improvements for the Subdivision; Travis County, in consideration for and as a condition to the grant of such approval by them, require the amendment of the Original CC&R’s as hereinafter set forth; NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That, for and in consideration of the foregoing and pursuant to the provisions of the Original CC&R’s as referenced above, the Declarant does hereby amend the Original CC&R’s as follows: ARTICLE 1 DEFINITIONS 1.1 Terms defined in the Original CC&R’s that are used herein shall have the same meaning set forth in the Original CC&R’s. 1.2 "Affected Lots" shall mean those individual subdivided Lots within the Subdivision identified in Exhibit A attached hereto and incorporated herein by reference for all purposes. 1.3 "Affected Owner or Owners" shall mean those Owners (as such term is defined in the Original CC&R’s) who own, of record, title to the Affected Lots. ARTICLE 2 ADDITIONAL RESTRICTIONS ENCUMBERING THE AFFECTED LOTS 2.1 All Affected Lots and all Improvements now or hereafter situated thereon shall be owned, held, leased, used, occupied, encumbered, sold, transferred, assigned and conveyed subject to the restrictions and requirements set out in the Original CC&R’s, as the same are amended and modified in this First Amendment, all as fully and for all purposes as if the substance of this First Amendment had been included in the Original CC&R’s. 2.2 No improvements shall be constructed on an Affected Lot unless such improvements have a concrete slab that extends a minimum of eight inches (8") above the finished ground at all points abutting such concrete slab and a minimum of fourteen inches (14") above the finished ground at all points ten feet (10’) from such concrete slab. 2.3 Without the specific, prior written consent of the Association, no bar ditches or other open ditch, nor any underground storm drainage pipe, conduit or system, shall be constructed on any of the Affected Lots along the street or streets abutting the Affected Lots. 2.4 Neither Declarant, nor any present of future Affected Owner shall have any right to require the City of Austin or Travis County, or any agency or department of either of them, or the Declarant, its successors and assigns, or the Association to construct or install any storm water conveyance or system on the Affected Lot of such Affected Owner. For itself and for all Affected owners, present or future, Declarant hereby releases the City of Austin, Travis County, Declarant and the Association from any and all liability or obligation to construct or install any storm water conveyance or system of any kind or nature on any Affected Lot. 2.5 Neither Declarant, nor any other present or future Owner, shall hereafter institute or maintain any suit, action or proceeding of any kind or nature against the City of Austin, Travis County, Declarant or the Association for, based on, or on account of any loss, damage, cost or expense incurred or sustained by any Owner resulting from or attributable to either (a) the lack of any storm water drainage conveyance or system being constructed or installed on any of the Affected Lots along the street or streets abutting the Affected Lots or (b) any overland flow of storm water or water runoff from any street located in the Subdivision. Each Affected Owner shall be responsible for protecting the Affected Lot of such Affected Owner from all damage to improvements on his or her Affected Lot which could be inflicted by overland flow of storm water or water runoff from any street in the Subdivision. 2.6 The conditions, covenants and restrictions contained in this First Amendment are imposed for the benefit of adjacent land comprising part of the Travis County road system and may be enforced by Travis County. ARTICLE 3 AMENDMENT AND TERM 3.1 This First Amendment cannot be terminated, amended or modified except by an instrument in writing executed by Travis County, the City of Austin, the Association and Declarant and filed for record in the Office of the County Clerk of Travis County, Texas. ARTICLE 4 MISCELLANEOUS 4.1 Applicable Law - This First Amendment shall be governed by and construed in accordance with the laws of the State of Texas. Venue of any dispute arising out of this First Amendment shall lie exclusively in Travis County, Texas. 4.2 Several Provisions - If any term or provision in this First Amendment is determined by a court of competent jurisdiction to be void, voidable or unenforceable, the same shall be reformed or, if necessary, stricken and such voidability or unenforceability shall not impair the remaining terms of this First Amendment, which shall continue in full force and effect. 4.3 Binding Effect - This First Amendment shall be binding upon and inure to the benefit of the Declarant and the Owners, the Association, and their respective heirs, successors and assigns, and shall run with the titles to the Lots for the term specified in Section 3.1 above. This First Amendment shall also inure to the benefit of the City of Austin and Travis County. WITNESS the execution hereof on the date set forth above. BEE CAVE OAKS DEVELOPMENT, LTD., a Texas limited partnership By: We Store, Inc., a Texas corporation, its General Partner By: Name: Title: SEVEN OAKS HOMEOWNERS’ ASSOCIATION By: Name: Title: THE STATE OF TEXAS ' ' COUNTY OF ' This instrument was acknowledged before me on the day of, , 2001, by , of We Store, Inc., a Texas corporation, on behalf of said corporation, as general partner of BEE CAVE OAKS DEVELOPMENT, LTD., a Texas limited partnership on behalf of said limited partnership. (SEAL) Notary Public in and for the State of Texas (Printed Name of Notary) My commission expires: THE STATE OF TEXAS ' ' COUNTY OF ' This instrument was acknowledged before me on the day of, , 2001, by , of SEVEN OAKS HOMEOWNERS’ ASSOCIATION, on behalf of said association. (SEAL) Notary Public in and for the State of Texas (Printed Name of Notary) My commission expires SECOND AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR SEVEN OAKS, SECTION 5 THE STATE OF TEXAS § § COUNTY OF TRAVIS § This SECOND AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR SEVEN OAKS, SECTION 5, dated effective as of August 15, 2002 (the "Amendment"), is made and executed by BEE CAVE OAKS DEVELOPMENT, LTD., a Texas limited partnership ("Declarant"); W I T N E S S E T H: Reference is made to the map or plat of SEVEN OAKS, SECTION 5, a subdivision in Travis County, Texas, recorded in Document Number 200000295 of the Plat Records of Travis County, Texas. Reference is also made to that certain Declaration of Covenants, Conditions and Restrictions for Seven Oaks, Section 5, recorded under Document Number 2000151246 of the Real Property Records of Travis County, Texas, as amended by First Amendment to Declaration of Covenants, Conditions and Restrictions for Seven Oaks, Section 5, recorded under Document Number 2001165912 of the Official Public Records of Travis County, Texas (as amended, the "Original CC&R’s"). Declarant, as the successor by statutory conversion to Bee Cave Oaks Development, Inc., the "Declarant" under the Original CC&R’s, and pursuant to its power and authority under Section 9.1 of the Original CC&R’s, and in the furtherance of the general overall plan for the development of the "Subdivision" (as such term is defined in the Original CC&R’s) has determined that amendment of the Original CC&R’s, as set forth herein, is necessary and beneficial. NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That, for and in consideration of the foregoing and pursuant to the provisions of the Original CC&R’s, as referenced above, the Declarant does hereby amend the Original CC&R’s as follows: ARTICLE 1 DEFINITIONS 1.1 Terms defined in the Original CC&R’s that are used herein shall have the same meaning set forth in the Original CC&R’s. ARTICLE 2 ADDITIONAL RESTRICTIONS ENCUMBERING THE LOTS 2.1 The burning of construction materials and any other trash and debris on any Lot is strictly prohibited. 2.2 At all times during construction of any House on any Lot, a dumpster for disposal of construction debris and a port-a-can for use by construction workers shall be located and maintained, in a safe and sanitary condition, on such Lot. ARTICLE 3 AMENDMENT AND TERM 3.1 This Amendment cannot be terminated, amended or modified except in accordance with the terms and conditions set forth in the Original CCRs. ARTICLE 4 MISCELLANEOUS 4.1 Applicable Law - This Amendment shall be governed by and construed in accordance with the laws of the State of Texas. Venue of any dispute arising out of this Amendment shall lie exclusively in Travis County, Texas. 4.2 Several Provisions - If any term or provision in this Amendment is determined by a court of competent jurisdiction to be void, voidable or unenforceable, the same shall be reformed or, if necessary, stricken and such voidability or unenforceability shall not impair the remaining terms of this Amendment, which shall continue in full force and effect. 4.3 Binding Effect - This Amendment shall be binding upon and inure to the benefit of the Declarant and the Owners, the Association, and their respective heirs, successors and assigns, and shall run with the titles to the Lots and Affected Lots for the term specified in Section 3.1 above. EXECUTED as of the date of the acknowledgment set forth below, TO BE EFFECTIVE as of the date first set forth above. BEE CAVE OAKS DEVELOPMENT, LTD., a Texas limited partnership By: We Store, Inc., a Texas corporation, its General Partner By: Name: Title: THE STATE OF TEXAS § § COUNTY OF § This instrument was acknowledged before me on the day of, , 2002, by , of We Store, Inc., a Texas corporation, on behalf of said corporation, as general partner of BEE CAVE OAKS DEVELOPMENT, LTD., a Texas limited partnership, on behalf of said limited partnership. (SEAL) Notary Public in and for the State of Texas