|PROTECTIVE COVENANTS for PARKWAY VILLAGES|
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9.1 - Enforcement: These Protective Covenants shall run with and bind the land within the Property, and (except where expressly provided otherwise) shall inure to the benefit of and be enforceable by the Developer, the Architectural Control Committee, the Association, or the Owner or Lessee of any land subject to these Protective Covenant.. The Association, the Architectural Control Committee, the Developer, any Owner or Lessee shall have the right to enforce, by proceedings at law or in equity:
(a) all restrictions, covenants, condition., reservations, liens, charges, assessments and all other provisions set out in these Protective Covenants, and
(b) unless specifically provided to the contrary therein, all restrictions, covenants, conditions, reservations, lien, charges, assessments and other provisions set out in any deed, ground lease or other instrument executed by Developer further restricting, as herein authorized, the use of development of the Property or any portion thereof; provided, however, that the failure of the Association, any Owner, any Lessee, the Architectural Control Committee, or the Developer to take any action upon a breach of there Protective Covenants shall not render such party liable in any manner for such failure. Failure of the Association, the Architectural Control Committee, the Developer, any Owner or any Lessee to take any action upon any breach or default of or in respect to any of the foregoing shall not be deemed a waiver of the right to take enforcement action upon any subsequent breach or default.
9.2 - Termination of Covenants: These Protective Covenants shall remain in full force and effect until June 1, 2032, and shall be automatically extended for successive ten year periods, but in no event to extend beyond 21 years (less one day) after the death of the last survivor of all presently living descendants of those members of the House of Representatives of the State of Texas who held office during the 1981 Regular Session of the 67th Legislature. The Owners of 66%=2/3 of the land within the Property, by written declaration signed, acknowledged, and filed for record, may, however, at any time alter, amend, terminate or extend these Protective Covenants, and this right shall exist as long as the then Owners of 66%=2/3 of the land within the Property desire; provided, however, that the written approval of Developer will be required for any alteration, amendment or termination of these Protective Covenants while Developer owns any portion of the Property and is not deemed to be an Owner as to such portion, and provided, further, however, that no amendment of the Permitted Uses in Section 2.1 shall have retroactive application to any Improvements for which an Owner has obtained approval of its Final Plan. and Specifications.
9.3 - Assign ability of Developer’s Rights: Developer reserves the right to assign or delegate all or any part of its rights or obligations hereunder to the Architectural Control Committee or to the Association. Upon any such written assignment or delegation, Developer shall be relieved of the rights and obligations so assigned or delegated. In the event that Developer no longer owns any portion of the Property for which Developer is not deemed to be an Owner, all rights and obligations of Developer hereunder, shall automatically be transferred to and assumed by the Association, and Developer shall automatically be relieved of same, without need of any written assignment or delegation.
9.4 - Protection of Name: No Owner, Lessee or any tenant or mortgagee of any Owner or Lessee shall use the words “Parkway Plaza”, “Parkway”, and “Eldridge Parkway”, or any word or words similar thereto in connection with any Parcel or any business operated in connection with any Parcel without the prior written consent of Developer, except that Owner may use such words to identify the location of such Parcel and Owner's contemplated development thereof. This restriction is for the benefit of and may be enforced only by Developer. Nothing contained herein shall be construed to restrict Developer's use of the words described in this Section 9.1. Developer specifically reserves the right to use such words.
9.5 - Utility District: Notwithstanding anything herein to the contrary, any land within the Property
(i) conveyed by the Developer to a municipal utility district or other public authority to provide utility service to the Property, or
(ii) utilized by said district or other public authority ancillary to the provision of utility service to the Property shall not be subject to these Protective Covenants (including, without limitation. the provisions hereof pertaining to the assessments so long as such land is owned by such utility district or other public authority for the provision of utilities to the Property).
9.6 - Corrections: The Developer shall have and reserves the right at any time, and from time to time, without the joiner or consent of any other party, to amend these Protective Covenants by any instrument in writing duly signed, acknowledged, and filed for record for the purpose of correcting any typographical or grammatical error or any ambiguity or inconsistency appearing herein.
9.7 - Interpretation: If these Protective Covenants or any word, clause, sentence, paragraph, or other part thereof shall be susceptible to contradicting interpretations, the interpretation which is most nearly in accordance with the general purposes and objectives of these Protective Covenants shall govern.
9.8 - Omissions: If any punctuation, word, clause, sentence, or provision necessary to give meaning. Validity, or effect to any other word, clause, sentence, or provision appearing in these Protective Covenants is omitted here from, such omission is unintentional and the omitted punctuation, word, clause, sentence or provision shall be supplied by inference.
9.9 - Notices: Any notice required to be sent to any Member or Owner under these Protective Covenants shall be deemed to have been properly sent when mailed, postage prepaid, registered or certified mail, return receipt requested, to the last known address of the person who appears as Member or Owner, as the case may be, on the records of the Developer or Association at the time of such mailing.
9.10 - Rules of Construction: The singular, wherever used herein, shall be construed to include the plural, when applicable, and the necessary grammatical changes required to make the provisions hereof apply to corporations, partnerships, trusts, estates or individuals, males or females, shall in all cases be assumed as though in each case fully expressed. The word “or” is not exclusive. The words “herein”, “hereinafter”, “hereunder”and “hereof” refer to these Protective Covenants as a whole and not merely to the sections in which such words appear, unless the context otherwise requires.
9.11 - Severability: The invalidation of anyone or more of the covenants, restrictions, conditions, or provisions contained in these Protective Covenants, or any part thereof, shall not affect any of the other covenants, restrictions, conditions, or provisions hereof, which shall remain in full force and effect.
9.12 - Headings: All headings contained herein are for convenience only, and shall not be deemed to modify any substantive provision hereof.
9.13 - Writing Required: In the event the approval or consent of the Developer, Association, Architectural Control Committee, or Board of Trustees is required under these Protective Covenants, such approval or consent must be obtained in writing to be effective unless expressly provided to the contrary herein.
9.14 - References to Owner to include Lessees: Any reference to “Owner” in these Protective Covenants shall be deemed to include a ground lessee of a Parcel to the extent applicable, except such ground lessee shall not be a member of the Association unless the ground lessee of such ground lessee shall convey and assign all such rights of a member to such ground lessee and give written notice thereof to the Board of Trustees.