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HomeMy WebLinkAboutCT 98-20; James Canyon Estates; Tentative Map (CT) (38)COMMUNITIES, INC. 2775 VIA DE LA VALLE, SUITE 208 DEL MAR, CALIFORNIA 92014 (858) 259-0606 / FAX: (858)481-3885 May 25, 2000 City of Carlsbad ATTN: ANNEHYSONG 1635 Faraday Avenue Carlsbad, Ca 92008 Re: CT 98-20 James Canyon Estates Plan Check #PC000070 Dear Anne, In regards to the above-mentioned project currently being processed, enclosed please find the REVISED CCR's. I have tabbed and highlighted the revisions per your request. Should you have any questions or concerns, please feel free to contact me at (858)259-0606, ext. 106. Thanks! Sincerely, Tara Taylor Project Management Tt Enc. A Recording Requested By: When Recorded mail to: Hall Investment Company, Inc. 2775 Via de la Valle, 208 Del Mar, CA 92014 DECLARATION OF ESTABLISHMENT OF CONDITIONS, COVENANTS AND RESTRICTIONS FOR CT 98-20 CARLSBAD A Standard Subdivision Project TABLE OF CONTENTS I. Definition of Terms 3 II. Architectural Control Committee 4 III. Use Restrictions & Obligations of Owners 7 IV. Maintenance of Easements 9 V. Scope of Enforcement 10 VI. Mortgage Protection 10 VII. Amendment 11 VIII. General Provisions 11 1/10/00 1 CCRCT 98-20 DECLARATION OF ESTABLISHMENT OF CONDITIONS, COVENANTS AND RESTRICTIONS FOR CT 98-20, CARLSBAD THIS DECLARATION OF ESTABLISHMENT OF CONDITIONS, COVENANTS AND RESTRICTIONS FOR CT 98-20, CARLSBAD is made by Hall Investment Co., Inc., (hereinafter "Declarant"), being the Owner of that certain real property subject to this Declaration, and hereinafter more particularly described. WITNESSETH: WHEREAS, Declarant is the Owner of that certain real property in the City of Carlsbad, County of San Diego, State of California (hereinafter the "Project"), more particularly described as: Lots 1 through 12, Carlsbad Tract No. CT 98-20. Recorded in the office of the San Diego County Recorder under Map Number on the day of 20_ WHEREAS, it is the desire and intention of Declarant to sell and convey residential Lots within the Project to various individuals subject to certain basic protective restrictions, limitations, easements, covenants, reservations, liens and charges between it and the purchasers or users of the Project as hereinafter set forth. NOW THEREFORE, Declarant hereby declares that all of the real property described above, is, and shall be held, conveyed, hypothecated or encumbered, leased, rented, used, occupied and improved subject to the following protective restrictions, limitations, conditions, covenants, reservations, liens and charges, all of which are declared and agreed upon for the purpose of enhancing and protecting the value, desirability and attractiveness of the Project and every part thereof. Each and all of the restrictions herein contained shall run with the land and shall be binding upon all parties having or acquiring any right, title or interest in any Lot within the Project, or any part thereof. The provisions of this Declaration shall be enforceable by any of the Owners of an interest in the real property above described, against any other Owner or Owners thereof. 1/10/00 2 CCRCT 98-20 •"•"S ARTICLE I DEFINITION OF TERMS 1.1 Whenever used in this Declaration, the following terms shall have the following meanings: 1.1.1 City: Shall mean the City of Carlsbad and the various legislative and executive departments, boards, commissions, and other governmental subdivisions thereof. 1.1.2 Committee: Shall mean the Architectural Control Committee as described in Article II hereof. 1.1.3 Declarant: Shall mean and refer to Hall Investment Co., Inc., its successors and assigns if such successors or assigns acquire any or all of the Declarant's interest in the Property for the purpose of development or sale. 1.1.4 Declaration: Shall mean and refer to this Declaration of Establishment of Conditions, Covenants and Restrictions for CT 98-20, CARLSBAD recorded with the office of the County Recorder of San Diego County, California including such amendments thereto as may from time to time be recorded. 1.1.5 Institutional Lender: Shall mean a Mortgagee which is a bank or savings and loan association, any established mortgage company, any entity chartered under Federal or State laws, any corporation or insurance company, or any Federal or State agency. 1.1.6 Lot: Shall mean and refer to any plot of land shown upon any recorded subdivision map of the Project. 1.1.7 Mortgage: Shall mean and include a Deed of Trust as well as a Mortgage in the conventional issue. 1.1.8 Mortgagee: Shall mean a person or entity to whom a mortgage is made, and shall include the beneficiary of a Deed of Trust. 1.1.9 Mortgagor: Shall mean a person or entity who mortgages his or its property to another, i.e., the maker of a Mortgage, and shall include the Trustor of a Deed of Trust. 1.1.10 Owner: Shall mean the record Owner or Owners, if more than one, of a Lot in the Project, including Declarant for as long as any Lots within the Project remain unsold. 1.1.11 Project: Shall have the same meaning as Properties, hereinafter defined. 1.1.12 Properties: Shall mean and refer to that certain real property located in the City of Carlsbad, County of San Diego, State of California, hereinbefore described. 1/10/00 3 CCRCT 98-20 1.2 The aforesaioaefinitions shall be applicable to this l9eclaration and to any supplements or amendments thereto (unless the context shall prohibit), recorded pursuant to the provisions of this Declaration. ARTICLE II. ARCHITECTURAL RESTRICTIONS - ARCHITECTURAL CONTROL COMMITTEE 2.1 No structure shall be erected, altered, placed or permitted to remain on any Lot within the Project other than one (1) single family dwelling not to exceed two (2) stories in height, and a private garage and other outbuildings incidental to single family residential use of the Lot. No structure shall be moved onto any Lot within the Project from another location and all construction within each Lot shall be new. Secondary Dwelling units allowed on lots 6 and 11. 2.2 Each Owner of a Lot shall, within one hundred eighty (180) days after acquiring title thereto, cause the front yard of said Lot to be fully landscaped, where such landscaping is not originally installed by Declarant, subject to reasonable growing times, and shall thereafter cause said landscaping to be maintained in a neat and orderly manner, replacing any plant materials which is or are otherwise destroyed. No weeds, rubbish, debris, objects or materials of any kind, plants or seed infected with noxious insects or plant diseases shall be placed, grown or permitted to accumulate on any portion of a Lot which renders such portion of the Lot unsanitary, unsightly, offensive or detrimental to any Lot in the vicinity thereof, or to the occupants of any such Lot. In the event of the continued default in performance of this provision after five (5) days written notice personally delivered or sent by certified mail, return receipt requested, Declarant, the Committee or the City of Carlsbad shall have the right, but not the obligation, to enter upon such Lot and remove all such weeds, plants, rubbish, debris, objects or materials and do all the things necessary to place said Lot in a neat and orderly condition including the installation of front lawns and landscaping and any expenses therefor shall become due and payable by the Owner of said Lot to Declarant or other person or entity performing such work within five (5) days after written demand thereof. 2.3 No building, fence, wall, landscaping, or other structure shall be commenced, erected or maintained upon the Project, nor shall any exterior addition, change, or alteration thereof, be made until the plans and specifications showing the nature, size, shape, height, materials and location of same shall have been properly submitted to, and approved in writing by the Architectural Control Committee as specified hereinafter. This restriction shall not apply to the original construction of Declarant. In the event said Committee or its designated representatives, fails to approve or disapprove such design and location within thirty (30) days after said plans and specifications have been submitted to it, approval will not be required, and this Article II will be deemed to have been fully complied with provided that the proposed improvements conform to all conditions and restrictions contained in this Article and are in harmony with similar structures erected within the Project. 2.4 Changes to the exterior color of any dwelling within the Project from the original color created by Declarant, will require the prior written approval of the Architectural Control Committee. 1/10/00 4 CCRCT 98-20 2.5 No fences, hedges, or walls shall be erected or maintained on any Lot other than those of the same location, design and materials as are initially installed by Declarant or as are approved by the Architectural Control Committee. 2.6 Each Owner shall plant and maintain in a thriving condition drought- resistant, fire retardant vegetation on all slopes within his Lot, where such ground cover is not originally installed by Declarant, to reduce water consumption and promote slope stability. 2.7 (a) No building nor any ancillary building or facility such as tool sheds, gazebos, cabanas, room additions, swimming pools, Jacuzzis, spas or any other improvements shall be located on any Lot nearer to the front lot line or nearer to a side lot or street line than the minimum building setback lines as set forth in the zoning ordinances of the City of Carlsbad. No such ancillary building or facility shall be located in the front yard of any Lot. No privy (other than temporary ones during erection of a structure) shall be erected or maintained within any Lot. (b) For the purposes of this covenant, eaves, steps and open porches (porch without trellis or roof) shall not be considered as a part of a building; provided, however, that this shall not be construed to permit any eaves or overhangs to encroach more than two (2) feet into any setback otherwise required by law. 2.8 No treehouse, tool shed or other ancillary building or facility shall be erected or maintained on any Lot if the top of such structure is visible from any adjacent Lots or from any public street. Such buildings must not exceed one (1) story in height. 2.9 Patio covers, gazebos and cabanas shall be constructed of wood or other suitable materials, and shall be of a design which is consistent with the materials and design of the residential building. The use of rock, composition, asphalt shingle roofing, metal or fiberglass materials for roofing or patio covers is expressly prohibited within the Project. 2.11 The Committee for the control of the structural and landscaping architecture and design within the Project, known as the Architectural Control Committee, shall consist of three (3) Members. Declarant may and hereby appoints all of the original Members of the Architectural Control Committee as follows: (1) Michael Hall (2) Van Heflin (3) Dennis Glaser One (1) year following the date of recordation of this Declaration, a majority of the Owners of Lots within the Project, excluding Declarant, may, by signed instrument, recorded in the Office of the County Recorder of San Diego County, replace one (1) of the original three (3) Members of the Architectural Control Committee. From and after the earlier of (i) the recordation of sales by Declarant of fifty-one percent (51%) of the Lots within the Project, or (ii) two (2) years from the date of recordation of this Declaration, a majority of the then Owners of Lots within the Project may, by a signed instrument recorded in the Office of the County Recorder of San Diego County, replace any, or all, of the Members of the Committee. In the event of death or resignation of any Member of said Committee, the successor shall be appointed by the person group or entity which appointed such member until Declarant no longer has the right to appoint members to the Committee. 1/10/00 5 CCRCT 98-20 2.12 Members shall have full authority to approve or disapprove such design and specifications within thirty (30) days after said plan and specifications have been submitted to it. If the Architectural Committee finds that any construction, reconstruction, alteration or refinishing was not done in substantial compliance with the approved plans and specifications, it shall notify the Owner in writing within 30 days of such non-compliance specifying the particulars of non-compliance and shall require the owner to remedy such non-compliance. 2.13 No Member of the Committee shall be entitled to any compensation for services performed pursuant to this covenant. 2.14 All plans and specifications submitted to the Architectural Control Committee pursuant to this declaration shall be submitted, in person or by certified mail, return receipt requested, in duplicate, with the address of the submitting party, to the Committee at the address set forth below. The Committee shall meet within thirty (30) days of the receipt of any such plans and specifications. The vote of a majority of the Members of the Committee shall prevail on all issues which come before it. The Committee may condition its approval upon certain modifications and changes to the plans and specifications as submitted. The address of the initial Committee appointed by Declarant is CT 98-20, CARLSBAD Architectural Control Committee, 2775 Via De La Valle #208, Del Mar, CA 92014, or such other place as may from time to time be designated by the Committee by a written instrument recorded in the Office of the County Recorder of San Diego County; and the last instrument so recorded shall be deemed to be the Committee's proper address. 2.15 Each Member of the Architectural Control Committee, Declarant and any agent or employee of the Committee or Declarant shall at all reasonable hours have an easement for access to any building site and structures being built or completed thereon for the purpose of inspection relative to compliance with this Declaration. 2.16 The Architectural Control Committee may adopt Architectural Guidelines which shall be binding on all Owners, governing such items as form of submissions, locations, types and height of acceptable plantings and fencing. Any such Guidelines shall be distributed to all Owners and the affect of such Guidelines shall be prospective in their application. 2.17 The requirements of this Article are in addition to and shall not limit any zoning, building code or other land use or other ordinances, regulations or rules of the City of Carlsbad or other governmental agency. As to any proposed improvement as outlined hereinabove, Owners shall be required to obtain the approval of the Architectural Control Committee as required by this Article prior to processing any application for a governmental permit related to such improvement. If any changes are made to the plans for such improvements in the process of obtaining such governmental permit, the approval of the Architectural Control Committee must also be obtained for such changes. 1/10/00 6 CCRCT 98-20 ARTICLE III USE RESTRICTIONS AND OBLIGATIONS OF OWNERS 3.1 In addition to all other covenants contained herein, the use and enjoyment of the Project and each Lot therein shall be subject to the following restrictions: 3.1.1 No Lot shall be occupied and used except for single-family residential purposes by the Owner, tenants, and social guests, and no trade or business shall be conducted therein, except that Declarant, its successors or assigns, may use any Lot or Lots in the Project owned by Declarant for a model home site or sites for display and sales offices until the close of escrow for the sale of the last Lot in the Project by Declarant. No tent, shack, garage, or structure of a temporary character shall be used at any time as a residence, either temporarily or permanently. Secondary Dwelling units allowed on lots 6 and 11. 3.1.2 No part of the Project shall be used or caused to be used directly, or indirectly, for any business, commercial, manufacturing, mercantile, storing, vending or other such non-residential purposes, except as home office for home occupations as defined by the City's Zoning Code, or by Declarant in connection with the improvement and sale of Lots in the Project. 3.1.3 No sign or billboard of any kind shall be displayed by any Owner on any portion of the Project or Lot, except one sign for each Lot of reasonable size as premitted by the City of Carlsbad, advertising that the particular Lot is for sale or rent, provided that Declarant, its successors and assigns may erect and maintain such signs, billboards, and other advertising devices and structures as Declarant, or Declarant's successors and assigns, may, in its sole discretion, deem necessary or proper in connection with the development and sales of Lots within the Project, provided such right shall expire upon the close of escrow of the last Lot within the Project. 3.1.4 No noxious or offensive activity shall be carried on within any Lot or any part of the Project, nor shall anything be done therein which may be, or may become, an annoyance or nuisance to the neighborhood, or which shall in any way interfere with the quiet enjoyment of each of the Owners of his respective dwelling, or which shall in any way increase the rate of insurance on adjoining Lots. 3.1.5 No oil drilling, oil development operations, oil refining, quarrying, mining or drilling operations of any kind shall be permitted within the Project, nor shall oil wells, tanks, tunnels or mineral excavations or shafts be permitted upon the surface of or within five hundred (500) feet below the surface of the Project. No derrick or other structure designed for use in the boring for water, oil or natural gas shall be erected, maintained or permitted within the Project. 3.1.6 All rubbish, trash and garbage shall be kept in tightly closed containers and shall be regularly removed from each Lot, and shall not be allowed to accumulate thereon. All clotheslines, refuse containers, woodpiles, manure, metal, bulk materials, storage areas, machinery and equipment shall be prohibited unless obscured from view of the adjoining Lots and all streets within the Project. This restriction shall not apply to Declarant in connection with the original construction and sale of Lots within the Project. 1/10/00 7 CCRCT 98-20 3.1.7 Excepfas hereinafter provided, no automobile^ other motor vehicle repair shall be permitted within the Project except entirely within a garage within a Lot. Under no circumstances shall such vehicle repair be permitted on any street or driveway within the Project, except in the event of an emergency. No trailer, camper, boat or other recreational vehicle may be stored on a lot within the project unless substantially screened from view of the street and in compliance with the City's Zoning Code for the parking of Recreational Vehicles. All inoperative vehicles, motorcycles, boats, trailers, or campers must be stored within the garage. The parking of any such vehicles in the front yard of any Lot within the Project is expressly prohibited. The City of Carlsbad and County of San Diego are hereby expressly authorized to enforce all City, County and State traffic and penal codes within the Project. 3.1.8 No animals, livestock or poultry of any kind shall be raised, bred or kept on any Lot, except dogs, cats, or other generally recognized domesticated household pets, and no more than allowed by the City of Carlsbad , provided they are not kept, bred or maintained for any commercial purpose. Notwithstanding the foregoing, no animals or fowl may be kept within the Project which result in any annoyance or are obnoxious to residents of the Project. 3.1.9 No radio or television receiving or transmitting antennae, including satellite dishes, or similar external apparatus or equipment shall be installed on any Lot unless installed so as to be unseen from the front of any Lot or street within the Project. In addition, all rooftop appliances and installation thereof, excluding the installation of solar panels, are expressly prohibited unless installed so as to be unseen from the adjoining Lots and street within the Project. 3.1.10 No vegetation or other improvement shall be planted, constructed or maintained upon any Lot in such location or of such height as to unreasonable obstruct the view of any other Lot in the vicinity thereof. Each Owner of a Lot shall be responsible for periodic trimming and pruning of all hedges, shrubs and trees located on his Lot, so as to not unreasonably obstruct the view of adjacent Owners. 3.2 Conveyance of a substantial number of Lots is essential to the establishment and welfare of said Project as a residential community. In order that all work necessary to complete the Project be performed as rapidly as possible, nothing in this Declaration shall be understood or construed to: 3.2.1 Prevent Declarant or its subcontractors from doing work on said Project or any part thereof whenever it determines such work to be reasonably necessary or advisable in connection with the completion of said Project; or 3.2.2 Prevent Declarant, or its representatives from erecting, constructing and maintaining on any part or parts of said Project owned or controlled by Declarant or its subcontractors, such temporary structures as may be reasonably necessary for the conduct of its business of completing said work and establishing said Project as a residential community and disposing of the same by sale, provided that the right of Declarant to erect and maintain such structures shall terminate upon the sale of the last Lot within the Project. 3.3 All structures, exterior walls/fencing, and landscaping within the Project shall at all times be maintained by their respective Owners in a clean, healthy, and properly painted condition. 1/10/00 8 CCRCT 98-20 3.4 Ownersof Lots 11 and 12 shall maintain the landscaping and irrigation on the descending slopes located on the rear portion of these lots in a healthy and thriving condition in accordance with the approved James Canyon Estates Landscape Plan at all times. ARTICLE IV MAINTENANCE OF EASEMENTS 4.1 Easements for installation and maintenance of utilities, sewer pipelines and facilities and drainage facilities over each of the Lots, and all pipelines and other facilities located and to be located in said easements, are reserved as shown on the recorded maps of the Project. Within such easements, no structures 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 the flow of drainage channels, or which may obstruct or retard the flow of water through drainage channels in the easements. The easements are of each Lot and all improvements therein shall be maintained continuously by the Owner of such Lot, except for those improvements for which a public authority or a utility is responsible. 4.1.1 Each Owner of a Lot within the Project covenants for himself, his heirs, successors and assigns, that he will permit free access by owners of adjacent or adjoining lots to slopes or drainage ways located on his property which affect said adjacent or adjoining lots, when such access is essential for the maintenance of permanent stabilization on said slopes or maintenance of the drainage facilities for the protection and use of property other than the lot on which the slopes or drainage way is located. 4.1.2 Each Owner of a Lot within the Project covenants for himself, his heirs, successors and assigns, that he will not in any way interfere with the established drainage patterns over his Lot from adjoining or other Lots in said tract, or that he will make adequate provisions for property drainage in the event it is necessary to change the established drainage over his Lot. For the purposes hereof, "established drainage" is defined as the drainage which occurred at the time the overall grading of the Lots within the Project, including the landscaping of each Lot, was completed by Declarant. 4.1.3 Each owner of a Lot within the Project agrees for himself and his assigns, that he shall maintain all drainage facilities in proper working order including keeping the facility free from debris an obstructions. Within the slope areas, no structure, planting, or other material shall be placed or permitted to remain or other activities undertaken which may damage or interfere with established slope ratios, create erosion or sliding problems, or which may change the direction of flow of drainage channels or obstruct or retard the flow of water through drainage channels. The slope areas of each Lot and all improvements thereto shall be maintained continuously by the Owner of the Lot except for those improvements for which a public authority, such as a maintenance district, or utility company is responsible. Declarant shall, for a period of one (1) year following the sales of any particular Lot have the right, but not the obligation, to enter upon said Lot and alter or maintain any slope areas therein. 1/10/00 9 OCR CT 98-20 ARTICLE V SCOPE OF ENFORCEMENT 5.1 The limitations, restrictions, conditions and covenants set forth in this Declaration constitute a general scheme for (i) the maintenance, protection and enhancement of the value of the Lots within the Project; and (ii) the benefit of all Owners. Said limitations, restrictions, conditions and covenants are and shall be covenants running with the land or equitable servitude, as the case may be. 5.2 Each remedy provided for in this Declaration shall be cumulative and not exclusive. The Committee or any Owner shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, and charges now or hereafter imposed by the provisions of this Declaration or any amendment thereto. 5.3 The result of or condition caused by any violation of any of the provisions of this Declaration is and shall be a nuisance, and every remedy in law or equity now or hereafter available against a public or private nuisance may be exercised by any person affected thereby. 5.4 Any of the foregoing to the contrary notwithstanding, no action to enforce this Declaration shall be instituted unless and until ten (10) days following a written notice of such breach setting forth the facts of such breach has been delivered by certified mail to the Owner. 5.5 In the event the Committee or any Owner(s) should commence litigation or binding arbitration to enforce any of the provisions of this Declaration, that party, if he should prevail, shall be entitled to have judgment against and recover from any defendant in such litigation such attorney's fees (other than nominal) and costs as the Place or arbitrator may adjudge reasonable and proper. ARTICLE V1 MORTGAGE PROTECTION No breach of any of the covenants, conditions or restrictions herein contained shall defeat or render invalid the lien of any first mortgage (meaning a mortgage with first priority over any other mortgage) on any Lot in good faith and for value, but all of said covenants, conditions and restrictions shall be binding upon and effective against any Owner whose title is derived through foreclosure or trustee's sale, or otherwise. ARTICLE VII AMENDMENT 7.1 This Declaration may be amended only by an affirmative vote of not less than two thirds of the Owners, and further, this amendment provision shall not be amended to allow amendments by vote of less than two thirds of the Owners. The percentage of the voting power necessary to amend a specific provision shall not be less than the percentage of affirmative votes prescribed for action to be taken under said provision. 1/10/00 10 CCRCT 98-20 7.2 From and after its effective date, each amendment made pursuant to the preceding paragraph shall be as effective as to all Lots within the Project and the Owners thereof and their successors in interest. 7.3 Prior to the close of the first escrow for the sale of a Lot in the Project, this declaration may be unilaterally amended by Declarant, its successors and assigns. ARTICLE VIII GENERAL PROVISIONS 8.1 The provisions of this Declaration shall run with the land and bind the Project, and shall inure to the benefit of and shall be enforceable by the Committee or the Owner of any Lot subject to this Declaration, their respective legal representatives, heirs, successors and assigns, for a term of forty (40) years from the date this Declaration is recorded, after which time the provisions of this Declaration shall be automatically extended for successive periods of ten (10) years, unless an instrument, signed by two thirds of the then Owners of Lots, has been recorded within six (6) months of the anticipated termination date. The contents of such instrument shall contain the agreement to terminate this Declaration, as it may be supplements in whole or in part. 8.2 In the event any limitation, restriction, condition, covenant or provision contained in this Declaration is to be held invalid, void or unenforceable by any Place of competent jurisdiction, the remaining portions of this Declaration shall, nevertheless, be and remain in full force and effect. 8.3 The provisions of this Declaration shall be liberally construed to effectuate its purpose of creating a uniform plan for the development of a residential community. 8.4 In the event Declarant shall convey all of its right, title and interest in and to the Project to any partnership, individual or individuals, corporation or corporations, then and in such event, Declarant shall be relieved of the performance of any further duty or obligation hereunder, and such partnership, individual or individuals, corporation or corporations, shall be obligated to perform all such duties and obligations of the Declarant. 8.5 The singular shall include the plural and the plural the singular unless the context requires to the contrary, and the masculine, feminine and neuter shall each include the masculine, feminine or neuter, as the context requires. 8.6 Each Owner, by acceptance of a deed shall be deemed to have agreed that Declarant shall have no liability whatsoever resulting from any term or provision thereof having been held to be unenforceable in whole or in part. 8.7 Each grantee of a conveyance or purchaser under a contract or agreement of sale, by accepting the deed or contract of sale or agreement of purchase, accepts the same subject to all of the limitations, restrictions, conditions and covenants, and agreements set forth in this Declaration, and agrees to be bound by the same. 8.8 Every act or omission whereby any covenant, restriction or condition in this Declaration is violated in whole or in part is hereby declared to be a nuisance and may be enjoined or abated by Declarant or by the then Owner or Owners of any Lot within the Project. Remedies specified in this Declaration shall be deemed cumulative and in addition 1/10/00 11 CCRCT 98-20 to any others now or hereafiir existing as a matter of law. The failure of Declarant, any Owner, or the Committee to enforce any of the covenants, restrictions or conditions contained herein shall not be deemed a waiver of the right to enforce the same thereafter or to enforce any other covenants, restriction or condition herein. IN WITNESS WHEREOF, the undersigned, deemed the Declarant herein, has hereunto set its hand and seal this day of , 20 . "DECLARANT" HALL INVESTMENT CO., INC. MICHAEL J. HALL, PRESIDENT 1/10/00 12 CCRCT 98-20