DECLARATION OF
COVENANTS, CONDITIONS AND RESTRICTIONS
APPLICABLE TO AINSWORTH ESTATES I
COVENANTS, CONDITIONS AND RESTRICTIONS
APPLICABLE TO AINSWORTH ESTATES I
This declaration of Restrictions, Conditions and Covenants is applicable to AINSWORTH ESTATES I.
WHEREAS, Transcontinental Homes, Inc, and R.A. Anderson Corp., both Oregon corporations, known as Ainsworth Partners, an Oregon Partnership, hereinafter referred to as Declarant, is owner of certain real property located in the State of Oregon, know as AINSWORTH ESTATES I, a duly recorded plat.
WHEREAS, the Declarant is desirous to declare of public record its intentions to create certain restrictive conditions and covenants to the ownership of said property.
NOW, THEREFORE, the Declarant does hereby certify and declare that the following restrictions, conditions and covenants, shall become and are hereby made a part of all conveyances of lots within the plat of AINSWORTH ESTATES I recorded on ______, 1991 as Recorder’s Fee No. 91-__________ of the Plat Records of Clackamas County, Oregon, and that the following restrictions, conditions and covenants shall by reference become a part of any such conveyances and shall apply thereto as fully and with the same effect as if set forth at large therein.
WHEREAS, the Declarant is desirous to declare of public record its intentions to create certain restrictive conditions and covenants to the ownership of said property.
NOW, THEREFORE, the Declarant does hereby certify and declare that the following restrictions, conditions and covenants, shall become and are hereby made a part of all conveyances of lots within the plat of AINSWORTH ESTATES I recorded on ______, 1991 as Recorder’s Fee No. 91-__________ of the Plat Records of Clackamas County, Oregon, and that the following restrictions, conditions and covenants shall by reference become a part of any such conveyances and shall apply thereto as fully and with the same effect as if set forth at large therein.
ARTICLE I
Property Subject to these Covenants
(1)Initial Development
Declarant hereby declares that all of the real property described above is held and shall be held, conveyed, hypothecated, encumbered, used, occupied, and improved subject to these covenants. The above property together with other real property that may be annexed thereto and made subject to these covenants shall constitute AINSWORTH ESTATES.
Declarant hereby declares that all of the real property described above is held and shall be held, conveyed, hypothecated, encumbered, used, occupied, and improved subject to these covenants. The above property together with other real property that may be annexed thereto and made subject to these covenants shall constitute AINSWORTH ESTATES.
ARTICLE II
Residential Covenants
(1)Land Use and Building Type
No lot shall be used except for residential purposes, other than Lot No. 29, as provided herein at sub-paragraph 14. No building shall be erected, altered, placed or permitted to remain on any lot other than the single family dwelling not to exceed two and one-half (2-1/2) stories in height and a private garage for not less than two (2) cars. The foregoing provisions shall not exclude the construction of a private greenhouse, storage shed, private swimming pool or a shelter or port for the protection of such swimming pool or for the storage of a boat and/or camping trailer or mobile home kept for personal use, provided the location of such structures is in conformity with the applicable municipal regulations, and is compatible in design and decoration with the residence constructed on such lot, and placed on such lot as provided herein at sub-paragraph 5.
The provisions of this section shall not be deemed to prohibit the right of any home builder to construct residences on any lot, to store construction material and equipment on said lots in the normal course of construction, and to use a single family residence as a sales office or a model home for the purposes of home sales in AINSWORTH ESTATES I.
All buildings constructed shall conform to existing City of Oregon City building and zoning codes and applicable design review criteria.
(2)Dwelling Size
Except as hereinafter provided, the ground floor area of the main structure, exclusive of one-story open porches and garages, shall not be less than 1800 square feet for a one-story dwelling, nor shall the ground floor level be less than 1000 square feet for a two-story dwelling. The total living levels of multi-level dwellings shall not be less than a total of 2000 square feet.
Declarant reserves the right to permit exceptions to this Dwelling Size requirement in selected locations. Whereas, certain lots may be affected by requirements of the National Historic Register as applied to the Ainsworth House and certain surrounding properties, the Declarant may permit size exceptions where architectural design enhancements provides an overall appearance and value in conformance with the balance of the property. Such exceptions shall also require approval of the Architectural Control Committee as herein provided at Article III. In no instance shall exceptions, as may hereunder be granted, exceed a total of one-half (1/2), of the total lots in AINSWORTH ESTATES I, with any other real property that may be annexed thereto and made subject to these covenants.
(3)Easements
Easements for installation and maintenance of utilities and drainage facilities are reserved as shown on the recorded plat and over the rear five (5) feet, and the side five (5) feet, and the front five (5) feet of each lot. Within these easements, no permanent structure, planting, fencing, or other materials shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities, or which may change the direction of flow of water through the drainage channels in the easements or which may obstruct or retard the flow of water through drainage channels in the easements. The easement area of each lot and all improvements in it shall be maintained continuously by the owner of the lot except for those improvements for which a public authority or utility company is responsible.
(4)Nuisances
No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood.
(5)Parking
Parking of boats, trailers, motorcycles, trucks, truck campers, motor homes and like equipment shall not be allowed on any part of said property nor on public ways adjacent thereto excepting only within the confines of an enclosed garage, storage port, or behind a screening fence or shrubbery which shall in no event project beyond the front walls of any dwelling or garage.
(6)Vehicles in Disrepair
No owner shall permit any vehicle which is inoperable to remain parked upon any lot or on any open space or on any street for a period in excess of forty eight (48) hours.
(7)Fences
No fence, neither sight or non-sight obscuring, in excess of three (3) feet in height may be located between the building line and front yard sidewalk, and in the case of a corner lot, the building line and the side walk abutting the side yard.
The maximum height of a fence located on the remainder of the lot shall be six (6) feet.
All fences as may herein be constructed shall be well constructed of suitable natural materials and be subject to the approval of the Architectural Control Committee.
No lot shall be used except for residential purposes, other than Lot No. 29, as provided herein at sub-paragraph 14. No building shall be erected, altered, placed or permitted to remain on any lot other than the single family dwelling not to exceed two and one-half (2-1/2) stories in height and a private garage for not less than two (2) cars. The foregoing provisions shall not exclude the construction of a private greenhouse, storage shed, private swimming pool or a shelter or port for the protection of such swimming pool or for the storage of a boat and/or camping trailer or mobile home kept for personal use, provided the location of such structures is in conformity with the applicable municipal regulations, and is compatible in design and decoration with the residence constructed on such lot, and placed on such lot as provided herein at sub-paragraph 5.
The provisions of this section shall not be deemed to prohibit the right of any home builder to construct residences on any lot, to store construction material and equipment on said lots in the normal course of construction, and to use a single family residence as a sales office or a model home for the purposes of home sales in AINSWORTH ESTATES I.
All buildings constructed shall conform to existing City of Oregon City building and zoning codes and applicable design review criteria.
(2)Dwelling Size
Except as hereinafter provided, the ground floor area of the main structure, exclusive of one-story open porches and garages, shall not be less than 1800 square feet for a one-story dwelling, nor shall the ground floor level be less than 1000 square feet for a two-story dwelling. The total living levels of multi-level dwellings shall not be less than a total of 2000 square feet.
Declarant reserves the right to permit exceptions to this Dwelling Size requirement in selected locations. Whereas, certain lots may be affected by requirements of the National Historic Register as applied to the Ainsworth House and certain surrounding properties, the Declarant may permit size exceptions where architectural design enhancements provides an overall appearance and value in conformance with the balance of the property. Such exceptions shall also require approval of the Architectural Control Committee as herein provided at Article III. In no instance shall exceptions, as may hereunder be granted, exceed a total of one-half (1/2), of the total lots in AINSWORTH ESTATES I, with any other real property that may be annexed thereto and made subject to these covenants.
(3)Easements
Easements for installation and maintenance of utilities and drainage facilities are reserved as shown on the recorded plat and over the rear five (5) feet, and the side five (5) feet, and the front five (5) feet of each lot. Within these easements, no permanent structure, planting, fencing, or other materials shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities, or which may change the direction of flow of water through the drainage channels in the easements or which may obstruct or retard the flow of water through drainage channels in the easements. The easement area of each lot and all improvements in it shall be maintained continuously by the owner of the lot except for those improvements for which a public authority or utility company is responsible.
(4)Nuisances
No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood.
(5)Parking
Parking of boats, trailers, motorcycles, trucks, truck campers, motor homes and like equipment shall not be allowed on any part of said property nor on public ways adjacent thereto excepting only within the confines of an enclosed garage, storage port, or behind a screening fence or shrubbery which shall in no event project beyond the front walls of any dwelling or garage.
(6)Vehicles in Disrepair
No owner shall permit any vehicle which is inoperable to remain parked upon any lot or on any open space or on any street for a period in excess of forty eight (48) hours.
(7)Fences
No fence, neither sight or non-sight obscuring, in excess of three (3) feet in height may be located between the building line and front yard sidewalk, and in the case of a corner lot, the building line and the side walk abutting the side yard.
The maximum height of a fence located on the remainder of the lot shall be six (6) feet.
All fences as may herein be constructed shall be well constructed of suitable natural materials and be subject to the approval of the Architectural Control Committee.
(8)Signs
No signs shall be erected on any lot except that not more than one ‘For Sale’ sign placed by owner, the Declarant or by a licensed real estate agent, not exceeding twenty-four (24) inches high and thirty-six (36) inches long, may be temporarily displayed on any lot. This restriction shall not prohibit the temporary placement of ‘political’ signs on any lot by the owner, or the placement of professional signs by the Developer or Declarant, which must comply with the City of Oregon City sign ordinances.
(9)Temporary Structures
No structure of a temporary character, trailer, tent, shack, garage, barn, or other outbuilding shall be used on any lot, at any time, as a residence whether temporarily or permanently.
(10)Livestock and Poultry
No animals, livestock, or poultry of any kind shall be raised, bred, or kept on any lot except that dogs, cats, or other normal household pets may be kept provided they are not kept, bred or maintained for any commercial purposes. All household pets shall be confined to the lot, shall not be permitted to be a nuisance to other neighbors, and shall be otherwise kept and maintained according to City of Oregon City ordinances.
(11)Garbage and Refuse Disposal
No lot or Open Space shall be used or maintained as a dumping ground for trash or rubbish. Trash, garbage or other waste shall be kept in sanitary containers and out of public view. All containers or other equipment for the storage of disposal of such materials shall be kept in a clean and sanitary condition.
(12)Utilities
All plumbing facilities shall comply with the requirements of the Plumbing Code of the City of Oregon City and the County of Clackamas. No outdoor overhead wire or service drop for the distribution of electric energy or for telecommunication purposes, nor any pole tower or any other structure supporting said outdoor overhead wires shall be erected, placed, or maintained within AINSWORTH ESTATES I. All owners of lots within this subdivision, their heirs, successors and assigns shall use underground service wires to connect their premises and the structures built thereon to the underground electric or telephone utility facilities provided.
(13)Completion
Construction of any dwelling shall be completed, including exterior decoration, within six (6) months from the date of the start of construction. All lots, at all times shall be kept in a neat and orderly condition free of brush, vines, weeds, debris, and the grass thereon cut or mowed at sufficient intervals to prevent creation of a nuisance or fire hazard.
No signs shall be erected on any lot except that not more than one ‘For Sale’ sign placed by owner, the Declarant or by a licensed real estate agent, not exceeding twenty-four (24) inches high and thirty-six (36) inches long, may be temporarily displayed on any lot. This restriction shall not prohibit the temporary placement of ‘political’ signs on any lot by the owner, or the placement of professional signs by the Developer or Declarant, which must comply with the City of Oregon City sign ordinances.
(9)Temporary Structures
No structure of a temporary character, trailer, tent, shack, garage, barn, or other outbuilding shall be used on any lot, at any time, as a residence whether temporarily or permanently.
(10)Livestock and Poultry
No animals, livestock, or poultry of any kind shall be raised, bred, or kept on any lot except that dogs, cats, or other normal household pets may be kept provided they are not kept, bred or maintained for any commercial purposes. All household pets shall be confined to the lot, shall not be permitted to be a nuisance to other neighbors, and shall be otherwise kept and maintained according to City of Oregon City ordinances.
(11)Garbage and Refuse Disposal
No lot or Open Space shall be used or maintained as a dumping ground for trash or rubbish. Trash, garbage or other waste shall be kept in sanitary containers and out of public view. All containers or other equipment for the storage of disposal of such materials shall be kept in a clean and sanitary condition.
(12)Utilities
All plumbing facilities shall comply with the requirements of the Plumbing Code of the City of Oregon City and the County of Clackamas. No outdoor overhead wire or service drop for the distribution of electric energy or for telecommunication purposes, nor any pole tower or any other structure supporting said outdoor overhead wires shall be erected, placed, or maintained within AINSWORTH ESTATES I. All owners of lots within this subdivision, their heirs, successors and assigns shall use underground service wires to connect their premises and the structures built thereon to the underground electric or telephone utility facilities provided.
(13)Completion
Construction of any dwelling shall be completed, including exterior decoration, within six (6) months from the date of the start of construction. All lots, at all times shall be kept in a neat and orderly condition free of brush, vines, weeds, debris, and the grass thereon cut or mowed at sufficient intervals to prevent creation of a nuisance or fire hazard.
All contractors and builders shall keep their job site orderly and in clean condition and shall periodically during the course of construction, remove all construction waste materials. In the event of hardship due to weather conditions, this provision may be extended for a reasonable length of time upon written approval from the Architectural Control Committee.
(14)Business and Commercial Uses
Except as herein provided, no trade, craft, business, profession, commercial or similar activity of any kind shall be conducted on any lot nor shall any goods, equipment, vehicles, materials or supplies used in connection with any trade, service or business be kept or stored on any lot, excepting the right of any home-builder and the Declarant, or Declarant’s affiliates, to construct residences on any lot, to store construction equipment and materials on said lots in the normal course of said construction and to use any single family residence as a sales office or model home for purposes of sales in AINSWORTH ESTATES I. Excepting hereto, lot no. 29, which has been approved by the City of Oregon City for use as a commercial ‘Bed & Breakfast’ facility. This facility shall be used as permitted, and shall comply with all conditions of approval for its use as provided and approved by the City of Oregon City.
(15)Landscape Completion
All front yard landscaping must be completed within six (6) months from the date of the first occupancy of the residence constructed thereon. The Architectural Control Committee, at their sole option and discretion, may require the contractor or builder of any residence on any lot to complete the front yard landscaping as part of their construction of the home. In the event of undue hardship due to weather conditions, this provision may be extended for a reasonable length of time upon written approval by the Architectural Control Committee.
(16)Antennas and Service Facilities
Exterior antennas, satellite dishes, and other such structures shall not be permitted to be placed on the lot or upon the roof of any structure on any lot. Clothes lines and other service facilities shall be screened so as not to be viewed from the street, from lot no. 29, or from any recreational facility.
(17)Exterior Materials and Finishes
Each dwelling shall be constructed with a minimum square footage per Article II, fully finished, excluding non-habitable appurtenances such as garages or enclosed porches. Each dwelling shall be constructed using conventional double-wall wood framing. Siding material shall be either natural wood material or masonry brick or stone, or a combination of each. Each dwelling shall have a minimum of ten-percent (10%) of the front area in masonry brick or stone. No plywood, hardboard, vinyl, or aluminum siding will be permitted. Roofing material shall be cedar shingle or shake, concrete or clay tile. Composition roofing material will be permitted provided it meets a minimum standard of Architectural 80 or better. Windows will be either bronze tone or white aluminum, vinyl, or wood; no mill grade aluminum will be permitted.
Exterior colors for each dwelling constructed will be solid or semi-transparent earth tone stain. Trim colors may be solid stain in complimentary earth tones. The use of bright or pastel exterior colors will not be permitted. Written approval is required from the Architectural Control Committee prior to applying exterior colors.
Each dwelling shall also comply with design review standards as required by the City of Oregon City, for that area included in the National Historic Review area. The City of Oregon City shall review and approve each plan prior to issuance of building permit.
The location, color, size design, lettering and other particulars of mail or paper delivery boxes shall be subject to approval of the Architectural Control Committee.
(14)Business and Commercial Uses
Except as herein provided, no trade, craft, business, profession, commercial or similar activity of any kind shall be conducted on any lot nor shall any goods, equipment, vehicles, materials or supplies used in connection with any trade, service or business be kept or stored on any lot, excepting the right of any home-builder and the Declarant, or Declarant’s affiliates, to construct residences on any lot, to store construction equipment and materials on said lots in the normal course of said construction and to use any single family residence as a sales office or model home for purposes of sales in AINSWORTH ESTATES I. Excepting hereto, lot no. 29, which has been approved by the City of Oregon City for use as a commercial ‘Bed & Breakfast’ facility. This facility shall be used as permitted, and shall comply with all conditions of approval for its use as provided and approved by the City of Oregon City.
(15)Landscape Completion
All front yard landscaping must be completed within six (6) months from the date of the first occupancy of the residence constructed thereon. The Architectural Control Committee, at their sole option and discretion, may require the contractor or builder of any residence on any lot to complete the front yard landscaping as part of their construction of the home. In the event of undue hardship due to weather conditions, this provision may be extended for a reasonable length of time upon written approval by the Architectural Control Committee.
(16)Antennas and Service Facilities
Exterior antennas, satellite dishes, and other such structures shall not be permitted to be placed on the lot or upon the roof of any structure on any lot. Clothes lines and other service facilities shall be screened so as not to be viewed from the street, from lot no. 29, or from any recreational facility.
(17)Exterior Materials and Finishes
Each dwelling shall be constructed with a minimum square footage per Article II, fully finished, excluding non-habitable appurtenances such as garages or enclosed porches. Each dwelling shall be constructed using conventional double-wall wood framing. Siding material shall be either natural wood material or masonry brick or stone, or a combination of each. Each dwelling shall have a minimum of ten-percent (10%) of the front area in masonry brick or stone. No plywood, hardboard, vinyl, or aluminum siding will be permitted. Roofing material shall be cedar shingle or shake, concrete or clay tile. Composition roofing material will be permitted provided it meets a minimum standard of Architectural 80 or better. Windows will be either bronze tone or white aluminum, vinyl, or wood; no mill grade aluminum will be permitted.
Exterior colors for each dwelling constructed will be solid or semi-transparent earth tone stain. Trim colors may be solid stain in complimentary earth tones. The use of bright or pastel exterior colors will not be permitted. Written approval is required from the Architectural Control Committee prior to applying exterior colors.
Each dwelling shall also comply with design review standards as required by the City of Oregon City, for that area included in the National Historic Review area. The City of Oregon City shall review and approve each plan prior to issuance of building permit.
The location, color, size design, lettering and other particulars of mail or paper delivery boxes shall be subject to approval of the Architectural Control Committee.
ARTICLE III
Architectural Control Committee
(1)Membership: Appointment and Removal
The Architectural Control Committee, hereinafter referred to as the Committee, shall consist of as many persons, but not less than three (3), as the Declarant may from time to time appoint. Declarant may remove any member of the Committee from office at any time, and may appoint new or additional members at any time. Declarant shall keep on file at its principal office, a list of names and addresses of members of the committee. The powers and duties of such Committee shall cease one (1) year after completion of construction of all the single family dwellings, and sale of said dwellings to the initial owner/occupant on all of the building sites within the property.
The Architectural Control Committee, hereinafter referred to as the Committee, shall consist of as many persons, but not less than three (3), as the Declarant may from time to time appoint. Declarant may remove any member of the Committee from office at any time, and may appoint new or additional members at any time. Declarant shall keep on file at its principal office, a list of names and addresses of members of the committee. The powers and duties of such Committee shall cease one (1) year after completion of construction of all the single family dwellings, and sale of said dwellings to the initial owner/occupant on all of the building sites within the property.
(2)Procedures
In the event the Committee fails to approve or disapprove within thirty (30) days after plans and specifications have been submitted to it, or in any event, if no suit to enjoin construction has been commenced prior to the completion thereof, approval will not be required and the related covenants shall be deemed to have fully complied with.
(3)Action
Except as otherwise provided herein, any two members of the Committee shall have power to act on behalf of the Committee, without the necessity of meeting and without the necessity of consulting the remaining members of the Committee. The Committee may render its decisions only by written instrument setting forth the action taken by the members consenting thereto.
(4)Approval of Plans by Committee
No building or structure, including but not limited to swimming pools, private green houses, storage sheds, boat or trailer storage, fences, and animal runs shall be commenced, erected, placed or altered, on any lot until the construction plans and specifications and a plan showing the nature, shape, height, materials, and colors, together with detailed plans showing the proposed location of the same on the particular building site and location of any trees with a diameter of six (6) inches or greater at the base that would be removed, have been submitted o and approved in writing by the Committee. All plans and specifications for approval by the Committee must be submitted at least ten (10) days prior to application for building permit.
(5)Non-waiver
Consent by the Committee to any matter proposed it and within its jurisdiction under these covenants shall not be deemed to constitute a precedent or waiver impairing its rights to withhold approvals as to any similar matter thereafter proposed or submitted to it for consent.
(6)Liability
Neither the Committee nor any member thereof shall be liable to any owner, occupant, builder, or Declarant for any damage, loss or prejudice suffered or claimed on account of any action or failure to act by the Committee, or a member thereof, provided only that the member has, in accordance with the actual knowledge possessed by him/her, acted in good faith.
In the event the Committee fails to approve or disapprove within thirty (30) days after plans and specifications have been submitted to it, or in any event, if no suit to enjoin construction has been commenced prior to the completion thereof, approval will not be required and the related covenants shall be deemed to have fully complied with.
(3)Action
Except as otherwise provided herein, any two members of the Committee shall have power to act on behalf of the Committee, without the necessity of meeting and without the necessity of consulting the remaining members of the Committee. The Committee may render its decisions only by written instrument setting forth the action taken by the members consenting thereto.
(4)Approval of Plans by Committee
No building or structure, including but not limited to swimming pools, private green houses, storage sheds, boat or trailer storage, fences, and animal runs shall be commenced, erected, placed or altered, on any lot until the construction plans and specifications and a plan showing the nature, shape, height, materials, and colors, together with detailed plans showing the proposed location of the same on the particular building site and location of any trees with a diameter of six (6) inches or greater at the base that would be removed, have been submitted o and approved in writing by the Committee. All plans and specifications for approval by the Committee must be submitted at least ten (10) days prior to application for building permit.
(5)Non-waiver
Consent by the Committee to any matter proposed it and within its jurisdiction under these covenants shall not be deemed to constitute a precedent or waiver impairing its rights to withhold approvals as to any similar matter thereafter proposed or submitted to it for consent.
(6)Liability
Neither the Committee nor any member thereof shall be liable to any owner, occupant, builder, or Declarant for any damage, loss or prejudice suffered or claimed on account of any action or failure to act by the Committee, or a member thereof, provided only that the member has, in accordance with the actual knowledge possessed by him/her, acted in good faith.
ARTICLE IV
General Provisions
General Provisions
(1)Term
These Covenants are to run with the land and shall be binding on all parties and all persons claiming under them until amended or revoked in the manner provided herein. These Covenants can be terminated and revoked or amended only by duly recording an instrument which contains an agreement providing for termination and revocation or amendment, and which is signed by the owners of a majority of the platted lots. So long as Declarant owns any property within the plat, any change or amendment must first have prior approval of the Declarant.
(2)Enforcement
Should any person violate or attempt to violate any of the provisions of the Covenants, any person or persons owning any real property embraced within the plat, including the Declarant, at its or their option, shall have full power and authority to prosecute any proceeding at law or in equity against the person or persons violating or attempting to violate any of said Covenants, either to prevent the doing of such, or to recover damages sustained by reason of such violation. Failure by any owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter.
(3)Expenses and Attorneys’ Fee
In the event any person or persons owning any real property embraced within the plat of AINSWORTH ESTATES I, including the Declarant, shall bring any suit or action to enforce these covenants, the prevailing party shall be entitled to recover all costs and expenses incurred by him in connection with such suit or action, including such amounts as the court may determine to be reasonable attorneys’ fees at trial and upon any appeal thereof.
(4)Severability
Invalidation of any one of these Covenants by judgment or court order shall in no way affect any of the other provisions which shall remain in full force and effect.
(5)Limitation of Liability of Declarant
Neither Declarant or any officer or director thereof, shall be liable to any owner on account of any action or failure to act by or of Declarant in performing its duties or rights hereunder, provided that Declarant, has in accordance with actual knowledge possessed by it, acted in good faith.
These Covenants are to run with the land and shall be binding on all parties and all persons claiming under them until amended or revoked in the manner provided herein. These Covenants can be terminated and revoked or amended only by duly recording an instrument which contains an agreement providing for termination and revocation or amendment, and which is signed by the owners of a majority of the platted lots. So long as Declarant owns any property within the plat, any change or amendment must first have prior approval of the Declarant.
(2)Enforcement
Should any person violate or attempt to violate any of the provisions of the Covenants, any person or persons owning any real property embraced within the plat, including the Declarant, at its or their option, shall have full power and authority to prosecute any proceeding at law or in equity against the person or persons violating or attempting to violate any of said Covenants, either to prevent the doing of such, or to recover damages sustained by reason of such violation. Failure by any owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter.
(3)Expenses and Attorneys’ Fee
In the event any person or persons owning any real property embraced within the plat of AINSWORTH ESTATES I, including the Declarant, shall bring any suit or action to enforce these covenants, the prevailing party shall be entitled to recover all costs and expenses incurred by him in connection with such suit or action, including such amounts as the court may determine to be reasonable attorneys’ fees at trial and upon any appeal thereof.
(4)Severability
Invalidation of any one of these Covenants by judgment or court order shall in no way affect any of the other provisions which shall remain in full force and effect.
(5)Limitation of Liability of Declarant
Neither Declarant or any officer or director thereof, shall be liable to any owner on account of any action or failure to act by or of Declarant in performing its duties or rights hereunder, provided that Declarant, has in accordance with actual knowledge possessed by it, acted in good faith.
