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DCPREZ-0000-06035
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DCPREZ-0000-06035
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Last modified
3/21/2016 11:15:42 AM
Creation date
3/21/2016 11:15:36 AM
Metadata
Fields
Template:
Rezone/CUP
Rezone/CUP - Type
Rezone
Petition Number
06035
Town
Vienna Township
Section Numbers
14
AccelaLink
DCPREZ-0000-06035
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ARTICLE XIII <br /> Enforcement, Termination, Modification <br /> 13 . 1 Right to Enforce. Except as otherwise expressly stated <br /> herein, these Covenants are imposed solely for the benefit of and <br /> are enforceable only by the Declarants, the Town (acting through <br /> the Board) or the Owner or Owners of Lots within the Subdivision. <br /> 13 .2 Manner of Enforcement. These Covenants shall be <br /> enforceable in any manner provided by law or equity, including <br /> but not limited to one or more of the following: <br /> (a) Injunctive relief; <br /> (b) Action for specific performance; <br /> (c) Action for money damages ; <br /> 13 . 3 Reimbursement. Any amounts expended by the prevailing <br /> party in a lawsuit enforcing these Covenants, including <br /> reasonable attorney fees, shall be recoverable from the losing <br /> party in such lawsuit. <br /> 13. 4 Failure to Enforce Not a Waiver. Failure of the <br /> Declarants or Owners to enforce any provision contained herein <br /> shall not be deemed a waiver of their right to enforce these <br /> Covenants in the event of a subsequent default. <br /> 13 . 5 Right to Enter. The Declarants and the Subdivision <br /> Board (or appropriate Town officials acting at the request of the <br /> Board) shall have the right to enter upon any Building Site or <br /> other Lot within the Subdivision, at reasonable times and upon <br /> reasonable advance notice, for the purpose of ascertaining <br /> whether the Owner of said Site or Lot is complying with these <br /> Covenants. <br /> 13 . 6 Right to Vary. The Board may, in its sole discretion, <br /> grant variances from the strict application of these Covenants <br /> where strict application of any provision would result in <br /> exceptional or undue hardship to the Owner of any Building Site <br /> or Lot, or where otherwise deemed appropriate by the Board . <br /> 13 .7 Modification. These Covenants may be modified or <br /> amended only upon recording of an instrument duly signed by the <br /> Owners of at least three-fourths of the Lots within the <br /> Subdivision and approved by a majority of the members of the <br /> Subdivision Board. <br /> 13 . 8 Duration. These Covenants shall be binding for a <br /> period of ten (10) years from the date of recording, after which <br /> they shall automatically renew for successive ten (10) year <br /> periods unless and until terminated in the manner set forth for <br /> modifications in Section 13 . 7 . <br /> 13 . 9 Addition to or Subtraction from the Premises. The <br /> Declarants may, in their sole discretion, from time to time sub- <br /> ject additional land contiguous to the Premises to the Covenants <br /> by recording this document against such land and such additional <br /> land shall then be a part of the Premises from and after the date <br /> of such recording. <br /> ARTICLE XIV <br /> Miscellaneous <br /> 14 . 1 Submission of Plans. Whenever an Owner is required by <br /> these Covenants to submit plans of any kind to the Board, such <br /> plans shall be submitted in duplicate to the Subdivision Board, <br /> c/o Town Clerk. After the plans have been reviewed, one set <br /> -12- <br />
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