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<br /> ARTICLE X
<br /> Other Improvements, Maintenance and Repair
<br /> 10. 1 Improvements not Specifically Addressed. The construc-
<br /> tion and placement of Improvements such as special utilities,
<br /> antennae, receiving dishes, towers, incidental storage buildings,
<br /> and other facilities not specifically addressed elsewhere within
<br /> these Covenants shall require the written approval of the Board.
<br /> 10.2 Maintenance and Repair. All Improvements on Building
<br /> Sites shall be kept, maintained and repaired in good condition at
<br /> all times. Regular maintenance routines shall be followed by
<br /> Owners such that the Improvements continue to be maintained, at
<br /> all times, as nearly as possible, in the condition set forth in
<br /> the Site Plans and Building Plans approved by the Board. Any
<br /> damage resulting from casualty loss to any Improvements shall be
<br /> immediately replaced or repaired by Owner to their original
<br /> condition, as nearly as possible.
<br /> ARTICLE XI
<br /> Area-Wide Benefits
<br /> 11. 1 Right to Enter and Maintain. If Lots contain public
<br /> utilities or facilities having an area-wide benefit, which are
<br /> maintained by the Town or other governmental body, the Town or
<br /> other governmental body, following prior written notification to
<br /> the Board and the Owners of the affected Lots, may, if necessary
<br /> to maintain such facilities in good working order and appearance,
<br /> renew, reconstruct, or maintain such facilities or utilities and
<br /> assess the cost to the Owners. No prior written notification
<br /> shall be required for emergency repairs.
<br /> 11.2 Right to Assess. The cost of such maintenance, renewal
<br /> or reconstruction whether by the Town or other governmental body
<br /> may, where appropriate, be assessed against Owners of all Lots
<br /> within the Premises, on a pro rata basis, based on the acreage of
<br /> real estate owned. Any assessment imposed hereunder shall be a
<br /> lien against the real property subject to the assessment. Such
<br /> lien shall be in the nature of a mortgage and enforceable
<br /> pursuant to the procedures for foreclosure of a mortgage.
<br /> ARTICLE XII
<br /> Performance Standards
<br /> 12 . 1 Control of Noise, Vibrations, Dust, Etc. It is diffi-
<br /> cult, if not impossible, to set minimum or maximum standards for
<br /> control of noise, vibration, dirt, dust, smoke, odor, glare, and
<br /> waste within a commercial and light industrial area. Therefore,
<br /> to protect the Declarants ' and Town' s interest in the Premises,
<br /> and to facilitate the orderly development of the Subdivision, the
<br /> plans required under Articles IV and V shall contain sufficient
<br /> engineering data to enable the Board to determine whether or not
<br /> the proposed Improvement will operate within limits acceptable to
<br /> the Board with respect to noise, vibration, dirt, dust, smoke,
<br /> odor, glare, and waste.
<br /> 12.2 Operations. Each Owner, or such Owner's long term
<br /> lessee, shall operate all improvements and conduct all of its
<br /> activities on the Premises in accordance with the limits
<br /> established pursuant to Section 12 . 1, and with all applicable
<br /> federal, state and local laws, resolutions and codes applicable
<br /> to the subject use.
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