Coca Lake Covenants
DECLARATION
OF
COVENANTS, CONDITIONS AND RESTRICTIONS
FOR
COCA LAKE
Charles H. Ford, Jr.
Sprouse, Tucker & Ford, P.C.
1025 First Avenue
Columbus, Georgia 31901
GEORGIA HARRIS COUNTY
FILED IN OFFICE: 02-18-88
TIME: 8:15 A.M.
RECORDED IN OFFICE: 2-18-88
REBECCA B. WYNN, CLERK
This copy if not for official use. It is only for the purpose of convenience and not to be relied upon for a finalopinion - June 13, 2002
TABLE OF CONTENTS
ARTICLE SECTION SUBJECT PAGE
I DEFINITIONS
II PROPERTY SUBJECT TO THIS DECLARATION:
1 Property Hereby Subjected to this
III MEMBERSHIP AND VOTING RIGHTS IN THE
ASSOCIATION
IV PROPERTY RIGHTS IN THE ASSOCIATION PROPERTIES
V ASSESSMENTS
1 Creation of the Lien and Personal Obligation
5 Quorum for Any Action Authorized Under
7 Date of Commencement of Annual Assessments:
8 Effect of Non-Payment of Assessments: The
Personal Obligation of the Owner; The Lien;
VII INSURANCE AND CASUALTY LOSSES
VIII ARCHITECTURAL CONTROL
IX EXTERIOR MAINTENANCE
2 Other Properties
11 Oil and Mining Operations; Wells; Pumping
XI GENERAL PROVISIONS
3 Notices 33
4 Enforcement 33
5 Notice of Default to Mortgagees 34
6 Consent of first Mortgagees Regarding Exterior Appearance 34
7 Priority of First Mortgagees 34
8 Leasing of Lots 34
9 Severability 35
10 Authorized Action 35
11 Captions 35
12 Gender 35
EXHIBITS
Which Declarant May Add as a Matter of Right
DECLARATION
OF
COVENANTS, CONDITIONS AND RESTRICTIONS
FOR
COCA LAKE
STATE OF GEORGIA
COUNTY OF MUSCOGEE
THIS DECLARATION made this 18th day of February, 1988 by
GEORGE C. WOODRUFF CO., a Georgia Corporation, SCHUSTER ENTERPRISES, INC., a Georgia corporation, and FRANK D. FOLEY, III, a resident of Muscogee County, Georgia (hereinafter collectively called the "Declarant");
WHEREAS, the Declarant is the owner of the property described in Exhibit "A" attached hereto and, by reference, made a part hereof and
desires to create thereon an exclusive residential community having
certain amenities for the use and benefit of all property owners within
such community; and
WHEREAS, the Declarant desires to provide for the preservation of
the values and amenities in said community and for the maintenance of
the amenities; and, to this end, desires to subject the property de-
scribed in Exhibit "A", together with such additions as may hereafter be made pursuant to Article II hereof, to the covenants, restrictions,
easements, affirmative obligations, charges and liens hereinafter set
forth, each of which is intended for the benefit of said property and
each owner of any part thereof; and
WHEREAS, the Declarant deems it desirable, for the efficient
preservation of the values and amenities in said community, to create an agency to which can be delegated and assigned the power and authority of
maintaining and administering the amenities, administering and enforcing
the covenants governing same and collecting and disbursing all assess-
ments and charges necessary for such maintenance, administration and enforcement, as hereinafter provided; and
WHEREAS, the Declarant has caused to be incorporated under the laws of the State of Georgia a non-profit corporation known as Coca Lake
Homes Association, Inc. for the purpose of exercising the functions aforesaid and which are hereinafter more fully set forth;
NOW, THEREFORE, the Declarant hereby declares that the property described in Exhibit "A" attached hereto and, by reference, made a part hereof and such additions thereto as may hereafter be made pursuant to Article II hereof is and shall be held, transferred, sold, conveyed,
given, donated, leased, occupied and used subject to the covenants, restrictions, easements, affirmative obligations, charges and liens (hereinafter sometimes referred to as the "Covenants") hereinafter set
forth.
ARTICLE I
DEFINITIONS
Section 1. Definitions. The following words and terms when used
in this Declaration or any Supplemental Declaration (unless the context
shall clearly indicate otherwise) shall have the following meanings:
(a) "Apartment Plot" shall mean and refer to any improved or
unimproved parcel of land within the Properties which is used or intend-
ed for use as a site for one or more buildings each containing one or
more Apartment Units and which is shown on any recorded plat of any part of the Properties.
(b) "Apartment Unit" shall mean and refer to a designated part of a building located on an Apartment Plot which part is used or intended for use as a dwelling for a single family.
(c) "Association" shall mean and refer to Association of Coca Lake
Homeowners, Inc., a Georgia non-profit corporation, its successors and assigns.
(d) "Association Properties" shall mean and refer to all property
and improvements thereon, if any, now or hereafter owned, leased, or in
the possession of the Association including but not limited to, that
property which is designated Association Properties on the plat of
survey referred to in Exhibit "B" attached hereto and, by reference,
made a part hereof, which exhibit contains a legal description of the
Association Properties to be owned by the Association at the time of the conveyance of the first Lot shown on said plat of survey to an owner for
purposes of residential occupancy. All Association Properties are to be devoted to and intended for the common use and enjoyment of the Owners,
their families, guests of the Owners, persons occupying residential accommodations of Owners on a guest or tenant basis, and visiting members of the general public (to the extent permitted by the Association’s Board of Directors) subject to the published rules and regulations
adopted by the Association’s Board of Directors; provided,
however, that any property leased by the Association shall lose its character as Association Properties upon the expiration of such lease.
(e) "Condominium Plot" shall mean and refer to any improved or unimproved parcel of land located within the Properties which is used or intended for use as a site for one or more buildings each containing one
or more Condominium Unit and which is shown on any recorded plat of any part of the Properties.
(f) "Condominium Unit" shall mean and refer to a condominium unit
as defined in the Georgia Condominium Act.
(g) "Declarant" shall mean and refer to George C. Woodruff Co., a Georgia corporation, Schuster Enterprises, Inc., A Georgia corporation
and Frank D. Foley, III a resident of Muscogee County, Georgia, collectively, the persons executing this Declaration, or (2) any successor-in-title to said persons to all or some portion of the property then
subject to this Declaration; provided, however, that such successsor-in-title shall acquire such property for purposes of development or
sale; and, provided further, that in the instrument of conveyance to any such successor-in-title, such successor-in-title is expressly designated
as the "Declarant" hereunder by the grantor of such conveyance, which grantor shall be the "Declarant" hereunder at the time of such convey-
ance; or (3) should any of the property subject to this Declaration
become subject to a first mortgage given by "Declarant" as security for
the repayment of a loan, then all of the rights, privileges and options
herein reserved to "Declarant" shall inure to the benefit of the holder
of such mortgage upon becoming the owner of all the property then
subject thereto through whatever means or the purchase of all such
property at a judicial or foreclosure sale made pursuant to any power of
sale contained in such mortgage; provided, however, that all rights,
privileges and options herein reserved to "Declarant" may be transferred
to the successor-in-title of any such acquirer of title to such property, provided any such successor-in-title shall acquire, for the purpose
of development or sale all or some portion of such property; and,
provided further, that in the instrument of conveyance to such success-
sor-in-title, such successor-in-title is designated as the "Declarant" hereunder by the grantor of such conveyance, which grantor shall be the "Declarant" hereunder at the time of such conveyance. In the event that
persons specified in both (2) and (3) above become entitled to succeed
to the interests of "Declarant" as therein provided, then, as between
such persons, any person entitled to be "Declarant" by virtue of (3)
above, shall be "Declarant" instead of any person entitled to be
Declarant by virtue of (2) above.
(h) "Living Unit" shall mean and refer to any Single Family Residence, Condominium Unit, or Apartment Unit.
(i) "Lot" shall mean and refer to any Single Family Plot, Apartment
Plot, or Condominium Plot.
(j) "Member" shall mean and refer to all those persons who are
members of the Association as provided for in Article III, Section 1,
hereof.
(k) "Mortgage" shall mean and refer to any security instrument by
means of which title to property is conveyed or encumbered to secure a
debt including, but not limited to, security deeds, loan deeds and deeds
to secure debt.
(l) "Mortgagee" shall mean and refer to the holder of record,
whether it be one or more persons, of a mortgage.
(m) "Owner" shall mean and refer to the record owner, whether it be
one or more persons, of fee simple title to any real property situated
within the Properties excluding, however, the Association and those
persons having such interest merely as security for the performance of
an obligation.
(n) "Person" shall mean and refer to an individual, corporation, partnership, association, trust or any other legal entity.
(o) "Properties" shall mean and refer to the property described in
Exhibit "A" attached hereto and, by reference, made a part hereof and
such additions thereto as my be made pursuant to Article II hereof.
(p) "Single Family Plot" shall mean and refer to any improved or
unimproved parcel of land located within the Properties which is used or
intended for use as a site for a Single Family Residence and which is
shown on any recorded plat of any part of the Properties.
(q) "Single Family Residence" shall mean and refer to a structure (attached or detached) which is used or intended for use as a dwelling
for a single family.
ARTICLE II
PROPERTY SUBJECT TO THIS
Section 1. Property Hereby Subjected to this Declaration. The
property which is and shall be held, transferred, sold, conveyed, given,
donated, leased, occupied and used subject to these Covenants consists
of that which is described in Exhibit "A" attached hereto and, by
Sections 2. Additions to the Properties. Additional property may
become subject to this Declaration in the following manner:
(a) Additions by the Declarant as a Matter of Right. The
Declarant, its successors or assigns, shall have the right, without
consent of the Association, at any time or times on or before December
31, 2003, to bring within the scheme of this Declaration and make a part
of the Properties all or any portion of the property described in
Exhibit "C" attached hereto and, by reference, made a part hereof not theretofore made a part of the Properties; provided, however, that such annexation shall require the prior written determination of the Veterans Administration as being in accordance with the general plan of develop-
ment attached hereto as Exhibit "D" and, by reference, made a part
hereof or such other general plan of development as may be approved by
the Veterans Administration; and provided further that, should the
Declarant, its successors or assigns, elect not to subject such property
or any part thereof to the scheme of this Declaration, the Declarant,
its successors or assigns, shall not be obligated to imposed any covenants thereon or if any covenants are imposed thereon, shall not be
obligated to make such covenants the same as or similar to the Covenants contained herein. Notwithstanding anything contained herein which might
be otherwise interpreted to produce a contrary result, this Declaration
does not create any charge, lien, or any other encumbrance or restriction
on or affect in any way the title to any property other than
that which is described in Exhibit "A" attached hereto and, by reference,
made a part hereof. The additions authorized under this sub-
section shall be made by filing of record one or more Supplementary
Declarations with respect to the additional properties, executed by the
Declarant, its successors or assigns, which shall extend the scheme of
the Covenants contained herein to such properties and thereby subject
such additions to assessment for their just share of the Association
expenses. Said Supplementary Declarations may contain such complemen-
tary additions and modifications of the Covenants contained herein as
may be necessary to reflect the different character of the additional
properties (i.e., single family attached residences, patio homes,
townhouses, condominium residences, apartments and commercial
facilities) and as are not inconsistent with the scheme of this Declaration;
provided, however, that improvements constructed or to be con-
structed on such additional properties shall be of comparable or higher quality construction and aesthetically compatible in terms of architec-
tural style with the improvements constructed or to be constructed on
the property described in Exhibit "A" attached hereto. In no event,
however, shall any such Supplementary Declaration revoke, modify or add to the Covenants established by this Declaration regarding the property,
described in said Exhibit "A".
(b) Additions Pursuant to Association Approval. Upon approval in
writing of the Association pursuant to a vote of its Members and upon
compliance with such terms and conditions as may be imposed by the Association pursuant to such vote, the owner of any property, other than
that which may be subjected to the scheme of this Declaration by the Declarant, its successors or assigns, as a matter of right, who desires
to add it to the scheme of this Declaration and to subject it to the
jurisdiction of the Association, may file of record a Supplementary
Declaration as described in subsection (a) above except that each such
Supplementary Declaration shall be executed jointly by the owner of the
property thus being added and the Association. Notwithstanding the foregoing, improvements constructed or to be constructed on such addi-
tional properties shall be of comparable or higher quality construction
and aesthetically compatible in terms of architectural style with the
improvements constructed or to be constructed on the property described in Exhibit "A" attached hereto. Approved by the Association shall
require the assent of two-thirds (2/3) of the votes of each class of
Members of the Association voting in person or by proxy at a meeting
duly called for this purpose, written notice of which shall be sent to
all Members at least 30 days in advance and shall set forth the purpose
of the meeting. The quorum required for such meeting shall be the
presence thereat of Members and/or proxies entitled to cast sixty
percent (60%) of the votes of each class of Members of the Association.
If the required quorum is not forthcoming at such meeting, another
meeting may be called, subject to the notice requirements set forth
herein, and the required quorum at any such subsequent meeting shall be
forty percent (40%) of the votes of each class of Members of the Association; provided, however, that no such subsequent meeting shall be held more than 60 days following the preceding meeting.
Section 3. Additional Owners to Become Members. Upon the filing of any Supplementary Declaration as provided for in Section 2 of this
Article II, the owners of such property shall become members of the Association and, subject to the provisions of Article III hereof, such
owners and their successors in title shall thereby acquire with respect
to such property, the rights and privileges granted herein to Members of
the Association.
Section 4. Mergers. Upon a merger or consolidation of the Asso-
cation with another association, its properties, rights and obligations
may, by operation of law, be transferred to another surviving or consol-
idated association, or, in the alterative, the properties, rights and
obligations of another association may, by operation of law, be added to
the properties of the Association as a surviving corporation pursuant to
a merger. The surviving or consolidated association may administer the
Covenants contained herein within the Properties, together with the covenants and restrictions established upon any other properties as one
plan. Except as hereinafter provided, no such merger or consolidation
shall effect any revocation, change of or addition to the Covenants
established by this Declaration within the Properties. No such merger
or consolidation shall be effective, however, unless first approved by
the Association’s Board of Directors and by Members entitled to cast at
least two-thirds (2/3) of the votes of each class of members.
ARTICLE III
Section 1. Membership. The membership of the Association shall
consist of (a) every record Owner, whether it be one or more persons, of
fee simple title to any real property situated within the Properties
excluding, however, the Association and those persons having such
interest merely as security for the performance of an obligation, and
(b) the Declarant subject to the following provisions of this Article
III. Membership shall be appurtenant to and may not be separated from
ownership of such real property, which ownership shall be the sole
qualification for membership.
Section 2. Voting Rights. Subject to the following provisions of
this Section 2, the Association shall have two classes of voting member-
ship: Class "A" and Class "B".
CLASS "A": Class "A" Members shall be all those Owners of
Single Family Plots, Condominium Units, and Apartment Plots with
the exception of the Declarant (except as set forth under Class "B"
membership provisions below). A Class "A" Member shall be entitled to one vote for each Single Family Plot, Condominium Unit, and Apartment Unit which he owns.
CLASS "B": The Class "B" Member shall be the Declarant. The Class "B" member shall be entitled to three votes for each Single Family Plot, Condominium Unit, and Apartment Unit which it owns. The Class "B" membership shall cease and be converted to Class"A" membership upon the first of the following events to occur: (a) when the total votes outstanding in the Class "A" membership equal the total votes outstanding in the Class "B" membership unless (1) the Declarant at that time has the right to annex additional
property pursuant to Article II, Section 2(a), of the Declaration sufficient in quantity that, if annexed, the votes of the Class "B" member would exceed those of the Class "A" members, and (ii) the Declarant evidences its intent to exercise such right within a reasonable time thereafter by filing with the Association and the Veterans Administration an affidavit to that effect, (b) abolishment by the Declarant of its Class "B" membership evidenced by written notice thereof delivered to the Association, or (c) December 31, 2003.
The aggregate vote of all Members cast in respect of Apartment
Units shall not exceed forty-nine percent (49%) of the total vote
cast on any matter pending before the Association, and the votes
allocated to Apartment Units owned by Class "A" Members and Class
"B" Members as provided above shall be reduced pro-rata to the
extent necessary to comply with this limitation.
When any property entitling the Owner to membership as a Class "A"
member of the Association is owned of record by other than a single
natural person, the person entitled to cast the vote for such property
shall be designated by a certificate signed by the record owner or
owners of such property and filed with the Secretary of the Association.
Each such certificate shall be valid until revoked, superseded by a subsequent certificate or a change occurs in the ownership of such
property. The votes of the Members shall be cast under such rules and proce-
dures as may be prescribed in this Declaration or in the ByLaws of the
Association, as amended from time to time, or by law.
ARTICLE IV
PROPERTY RIGHTS IN THE ASSOCIATION PROPERTIES
Section 1. Easements of Enjoyment. Subject to the provisions of
these Covenants, the rules and regulations of the Association and any
fees or charges established by the Association, all Members of the Association, their families, guest of the Members, persons occupying residential accommodations of Members on a guest or tenant basis, and visiting members of the general public (to the extent permitted by the Association’s Board of Directors) subject to the published rules and regulations adopted by the Association’s Board of Directors, shall have
an easement of enjoyment in and to the Association Properties and such easement shall be appurtenant to and shall pass with the title to every Member’s lot.
Section 2. Title to Association Properties. The Declarant may retain legal title to the Association Properties described in Exhibit "B" attached hereto and. by reference, made a part hereof until the first conveyance of a Lot shown on the plat of survey referred to therein by the Declarant to an Owner for purposes of residential occupancy. Prior to or simultaneously with such conveyance, the Declarant shall convey said Association Properties to the Association free and clear of all liens and encumbrances together with all improvements thereon which must then be fully completed. If, as and when additional property is subjected to the scheme of this Declaration pursuant to Article II hereof, the Owner thereof shall, prior to or simultaneously with the first conveyance of a Lot contained therein to an Owner for purposes of residential occupancy, convey all Association Properties comprising a part of such additional property to the Association free and clear of all liens and encumbrances together with all improvements thereon which must then be fully completed.
Section 3. Extent of Easements. The rights and easements of
enjoyment in and to the Association Properties created hereby shall be subject to the following: (a) The right of the Declarant to the exclusive use of portions of the Association Properties reasonably required, convenient or incidental to, the improvement and sale of Lots including, but not limited to, sales and business offices, storage areas, construction yards and signs. Such right of the Declarant may be delegated by it to developers and builders having an interest in the Properties, shall be exercised so as to avoid any unnecessary inconvenience to or infringement upon the rights of others and shall continue until such time as such persons no longer own any Lot primarily for the purpose of sale or December 31, 2003, whichever shall first occur, without affecting any Member's obligation to pay assessments coming due during such period of time or the permanent charge and lien on any Member's Lot in favor of the Association; b) The right of the Association to borrow money for the purpose of improving the Association Properties and, with the prior written approval of Members entitled to cast at least three-fourths (3/4) of the votes of each class of Members or holders of at least three- fourths (3/4) of all first mortgages secured by Lots, to mortgage or otherwise burden or encumber said Association Properties;
(c) The right of the Association to take such steps as are reasonably necessary to protect the Association Properties against foreclosure; (d) The right of the Association to suspend the voting rights and right to use any Association recreational facilities of any Member for any period during which any such Member's assessment remains unpaid, and for a period not to exceed 60 days for any infraction by such Member of its published rules and regulations; (e) The right of the Association to charge reasonable admission and other fees for the use of any Association recreational facilities; (f) The right of the Association to abandon, partition, subdivide, sell, dedicate or transfer all or any part of the Association Properties for such purposes and subject to such conditions as may be agreed to by the Members entitled to vote thereon, provided that no such abandonment, partition, subdivision, sale, dedication or transfer, determination as to the purposes or as to the condition thereof, shall be effective unless first approved in writing by Members entitled to cast at least three-fourths (3/4) of the votes of each class of Members, holders of at least three-fourths (3/4) of all first mortgages secured by Lots and, in the case of a dedication, the Veterans Administration; and (g) The right of the Association to grant such easements and rights of way to such utility companies or public agencies or authorities as it shall deem necessary or desirable for the proper servicing and maintenance of the Association Properties or other property.ARTICLE V
ASSESSMENTS
Section 1. Creation of the Lien and Personal Obligation of Assessments. The Declarant hereby covenants and each Owner shall by acceptance of a deed, whether or not it shall be so expressed in such deed, be deemed to covenant and agree to all the terms and provisions of this Declaration and to pay to the Association: (a) annual assessments or charges; and (b) special assessments or charges for the purposes set forth in Section 4 of this Article V, such assessments to be fixed, established and collected from time to time as hereinafter provided. The annual and special assessments, together with such interest thereon and costs of collection thereof as hereinafter provided, shall be a charge and continuing lien on the property and improvements thereon against which each such assessment is made. Each such assessment, together with such interest thereon and cost of collection thereof as hereinafter provided, shall also be the personal obligation of the person who was the owner of such property at the time when the assess- ment first became due and payable. In the case of co-ownership of such property, all of such co-owners shall be jointly and severally liable for the entire amount of the assessment. Should the Association employ an attorney to collect any assessment, it shall be entitled to collect in addition thereto all costs of collection including reasonable attorney's fees.
Section 2. Purpose of Assessments. The annual assessments levied
by the Association shall be used exclusively for the acquisition, improvement, maintenance, and operation of the Association Properties; payment for services which the Association is authorized to provide including, but not limited to, taxes and insurance on the Association Properties, construction of improvements on the Association Properties, and repair, replacement and additions to the Association Properties; payment of the cost of labor, equipment, materials, management and supervision necessary to carry out its authorized functions; payment of principal, interest and any other charges connected with loans made to or assumed by the Association for the purpose of enabling the Association to perform its authorized functions; establishment and maintenance of an adequate reserve fund for maintenance, repairs and replacement of those portions of the Association Properties that must be replaced on a periodic basis; and other charges as may be required by this Declaration or that the Association or its Board of Directors shall determine to be necessary to meet the primary purposes of the Association. Special assessments shall be used for the purposes set forth in Section 4 of this Article V. Notwithstanding the levy of annual or special assessments as aforesaid, the Association shall be entitled to charge a reasonable user's fee for recreational facilities comprising a part of the Association Properties. First mortgagees of Single Family Plots, Apartment Plots, and Condominium Units and the first mortgagee, if any, of the Association Properties may, jointly or singly, pay taxes or other charges which are in default and which may or have become a charge against any Association Properties and may pay overdue premiums on hazard insurance policies, or secure new hazard insurance coverage on the lapse of a policy, for such Association Properties and first mortgagees making such payments shall be owed immediate reimbursement therefor from the Association. Each Owner shall be responsible for his own return of taxes on his Lot and for the payment of all taxes and governmental assessments, if any, assessed thereon by the taxing authorities.
Section 3. Annual Assessments. Until the year beginning January
1, 1989, the annual assessment shall not exceed $250.00 per Living Unit. From and after January 1, 1989, the maximum annual assessment shall be increased automatically, effective January lst of each year, to the
greatest of (i) one hundred five percent (105%) of the maximum annual assessment for the preceding year and (ii) an amount determined by increasing the original maximum annual assessment specified herein in conformance with the rise, if any, of the numerical rating for the preceding month of June above such rating for June, 1987, as established by the Atlanta, Georgia, Consumer Price Index for Urban Wage Earners and Clerical Workers, All Items, United States (published by the Department of Labor, Washington, D.C.), the successor thereto or other comparable price index should that described herein be discontinued or no longer made available to the Association. The method of computation to be employed when using the Consumer Price index referred to above shall be as follows: The Consumer Price Index numerical rating for the month of June, 1987, is 334.9. This will be the base rating. To determine the adjustment percentage to be applied for any subsequent year, divide this base rating (334.9) into the numerical rating established by the Consumer Price Index for the month of June preceding the proposed assessment year. The adjustment percentage shall be multiplied by the original maximum annual assessment specified herein to obtain the amount referred to in clause (ii) of the preceding paragraph. From and after January 1, 1989, the maximum annual assessment for any succeeding year may be increased above that established by the above described formula provided that any such increase shall have the assent of at least two-thirds (2/3) of the votes cast by each class of Members who are voting in person or by proxy at a meeting duly called for this purpose, written notice of which shall be sent to all Members not less than 30 days nor more than 60 days in advance of the meeting setting forth the purpose of the meeting.
The Association's Board of Directors shall, after consideration of current costs and future needs of the Association, fix the actual annual assessment for any particular year at an amount not to exceed the applicable maximum annual assessment. However, if the Board of Directors should fix such annual assessment at an amount less than the maximum annual assessment and it is subsequently determined by the Board that the amount assessed will not be sufficient, the Board shall have the power to make supplemental annual assessments but in no event shall the sum of the initial and supplemental annual assessments in any one year exceed the applicable maximum. Should the Board of Directors fail to fix the annual assessment for any particular year, the prior years assessment shall be continued automatically until such time as the Board shall act.
Section 4. Special Assessments for Capital Improvements. In
addition to the annual assessment authorized by Section 3 hereof, the Association's Board of Directors may levy special assessments for the purpose of defraying, in whole or in part, the cost of: construction or reconstruction on the Association Properties; unexpected maintenance, repair or replacement of the Association Properties and capital improve- ments thereon, if any, including the necessary fixtures and personal property related thereto; additions to the Association Properties; necessary facilities and equipment to offer the services authorized herein; and repayment of any loan made to the Association to enable it to perform the duties and functions authorized herein; provided, however, that any such assessment shall have the assent of two-thirds (2/3) of the votes cast by each class of Members who are voting in person or by proxy at a meeting duly called for this purpose, written notice of which shall be sent to all Members not less than 30 days nor more than 60 days in advance of the meeting setting forth the purpose of the meeting. Such special assessments in any one year may not exceed a sum equal to the amount of the annual assessment for such year except for emergency and other repairs required as a result of storm, fire, natural disaster or other casualty loss and may not be used to fund the reserve for maintenance, repairs or replacement of those portions of the Association Properties that must be replaced on a periodic basis.
Section 5. Quorum for Any Action Authorized Under Sections 3 and
4. At the first meeting called, as provided for in Sections 3 and 4 of this Article V, the presence at the meeting of Members or of proxies entitled to cast sixty percent (60%) of the votes of each class of Members shall constitute a quorum. If the required quorum is not forthcoming at the first meeting called, not more than two subsequent meetings may be called, subject to the notice requirements set forth in said Sections 3 and 4, and the required quorum at any such subsequent meeting shall be one-half (1/2) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than 60 days following the preceding meeting.
Section 6. Rate of Assessment. Unless otherwise expressly provid-
ed herein or in any Supplemental Declaration regarding property of a different character, both annual and special assessments shall be fixed at a uniform rate for each Living Unit; provided however, if different types of Living Units derive different benefits from the Association (i.e., some Living Units are served by a community sewage system owned and operated by the Association while other Living Units are served by individual septic tanks), the assessment for each type of Living Unit may be different to reflect the cost of such different benefits, but within each type the assessment must be uniform; provided further, differences in the benefits derived by Living Units relating to location on or proximity to lakes and ponds shall not be a valid basis for different assessments. Any amendment to this Declaration for the purpose of changing the method of determining assessments shall require, in addition to the requirements set forth in Article XI, Section 2, hereof, the prior written approval of holders of at least three-fourths (3/4) of all first mortgages secured by Living Units.
Section 7. Date of Commencement of Annual Assessments; Due Dates. The annual assessments provided for in this Article V shall be established on a calendar year basis and shall commence as to all Living Units on the first day of the month following the date upon which the Lot upon which a Living Unit has been or is to be constructed is subjected to this Declaration; provided, however, the annual assessment for each such Living Unit on which construction is not substantially complete or which is not occupied shall be reduced by seventy-five percent (75%) until the first day of the year following substantial completion of the improvements constituting the Living Unit and occupancy thereof. Each such annual assessment shall be adjusted according to the number of months remaining in the calendar year. Each such adjusted assessment shall be paid by the Owner to the Association within ten days after the date on which such assessment shall have commenced unless otherwise provided by the Association's Board of Directors. Thereafter, the Board of Directors shall fix the amount of the annual assessment and send written notice of same to every Owner subject thereto at least 30 days in advance of each annual assessment period. Unless otherwise provided by the Board of Directors, the annual assessment for each Living Unit shall become due and payable in full within ten days after the first day of January of each year and shall be paid to the Association when due without further notice from the Association. The due date of any special assessment shall be fixed in the resolution authorizing such special assessment. The Association shall, within five days after written request therefore, furnish to any Member liable for an assessment a certificate in writing signed by an officer of the Association setting forth whether said assessment has been paid. A reasonable charge, as determined by the Association's Board of Directors, may be made for the issuance of such certificates. Any such certificate shall be conclusive evidence, against all but the Member, of payment of any assessment therein stated to have been paid.
Section 8. Effect of Non-Payment of Assessments: The Personal
Obligation of the Owner; The Lien; Remedies of The Association.
(a) If an assessment is not paid on or before the date when due (being the dates specified in Section 7 hereof, unless other wise provided by the Board of Directors), then such assessment shall become delinquent and shall, together with such interest thereon and cost of collection thereof as hereinafter provided, thereupon become a continuing lien on the Single Family Plot or Apartment Plot upon which the Living Unit with respect to which the assessment is made has been or is to be constructed or the Condominium Unit with respect to which the assessment is made, as the case may be, which shall bind such Single Family Plot, Apartment Plot, or Condominium Unit in the hands of the then owner, his heirs, devisees, personal representatives, successors and assigns. In addition to the lien rights, the personal obligation of the Member who owns such Single Family Plot, Apartment Plot, or Condominium Unit to pay such assessment shall remain his personal obligation and shall not pass to his successors in title unless expressly assumed by them. If such successors in title assume such Member's personal obligation such Member shall nevertheless remain as fully obligated as before to pay to the Association any and all amounts which he was obligated to pay immediately preceding the transfer; and such Member and such successors in title assuming such liability shall be jointly and severally liable with respect thereto, notwithstanding any agreement between such Member and such successors in title creating the relation of principal and surety as between themselves.
(
b) If an assessment is not paid within 30 days after the due date, such assessment shall bear interest from said due date at the rate of twelve percent (12%) per annum, and the Association may bring legal action against the Member personally obligated to pay the same or foreclose its lien against such Member's Single Family Plot, Apartment Plot, or Condominium Unit, as the case may be, against which the assessment was made, in which event, interest, costs and reasonable attorney's fees shall be added to the amount of such assessments as may then be due. Each Member, by his acceptance of a deed to his Single Family Plot, Apartment Plot, or Condominium Unit, vests in the Association the right and power to bring all actions against him personally for the collection of such charges as a debt and to foreclose the aforesaid lien in any appropriate proceeding at law or in equity. The lien provided for in this Article V shall be in favor of the Association and shall be for the benefit of all other Members. The Association, acting on behalf of the Members, shall have the power to bid in the Single Family Plot, Apartment Plot, or Condominium Unit at any foreclosure sale and to acquire, hold, lease, mortgage and convey the same. No Member may waive or otherwise escape liability for the assessments provided for herein by non-use of the Association Properties and facilities or by abandonment of his Single Family Plot, Apartment Plot, or Condominium Unit.(c) If an assessment is not paid on or before the date when due, the Association may also suspend the voting rights and right to use any Association recreational facilities of the delinquent Member. Any such suspension shall not affect such Member's obligation to pay assessments 'coming due during the period of such suspension and shall not affect the permanent charge and lien on such member's Single Family Plot, Apartment Plot, or Condominium Unit in favor of the Association.
Section 9. Subordination of the Charges and Liens to Mortgages.
(a) The lien of the assessments and charges provided for herein (annual, special or otherwise) is hereby made subordinate to the lien of any first mortgage placed on the Single Family Plots, Apartment Plots, or Condominium Units subject to assessment if, but only if, all assessments and charges with respect to such Single Family Plots, Apartment Plots, or Condominium Units authorized herein having a due date on or prior to the date such mortgage is filed for record have been paid. The lien hereby subordinated is only such lien as relates to assessments and charges authorized hereunder having a due date subsequent to the date such mortgage is filed for record and prior to the satisfaction, cancellation or foreclosure of such mortgage or the sale or transfer of the mortgaged Single Family Plot, Apartment Plot, or Condominium Unit pursuant to any proceeding in lieu of foreclosure or the sale or transfer of the mortgaged Single Family Plot, Apartment Plot, or Condominium Unit pursuant to a sale under power contained in such mortgage.
(b) Such subordination is merely a subordination and shall not relieve the Owner of the mortgaged Single Family Plot, Apartment Plot, or Condominium Unit of his personal obligation to pay all
assessments and charges coming due at a time when he is the owner of such Single Family Plot, Apartment Plot, or Condominium Unit; shall not relieve such Single Family Plot, Apartment Plot, or Condominium Unit from the lien provided for herein (except to the extent a subordinated lien is extinguished as a result of subordination as against a mortgagee or such mortgagee's assignee or transferee by foreclosure or by sale or transfer in any proceeding in lieu of foreclosure or by sale under power); and no sale or transfer of such Single Family Plot, Apartment Plot, or Condominium Unit to the mortgagee or to any other person pursuant to a decreeto this Declaration shall be exempt from the assessments, charges and liens created herein: (a) all properties to the extent of any easement or
other interest therein dedicated to and accepted by a local public
authority and devoted to public use; and (b) all Association Properties; provided, however, that no land or improvement devoted to dwelling or commercial use shall be exempt from said assessments, charges and liens.
ARTICLE VI
ADMINISTRATION
Section 1. Responsibility for Administration. The administration
of the property subject to the jurisdiction of the Association, the maintenance, repair, replacement and operation of the Association
Properties and facilities and those acts required of the Association by
this Declaration shall be the responsibility of the Association. Such administration shall be governed by this Declaration and the
Association’s Articles of Incorporation and By-Laws, as amended from
time to time. The powers and duties of the Association shall be those
set forth in said documents, together with those reasonably implied to
effect its purposes, and shall be exercised in the manner provided
therein.
Section 2. Management Agreements. The Association may enter into such management agreements as may be necessary or desirable for the administration and operation of the property subject to the jurisdiction of the Association. Such management agreements shall be entered into
pursuant to resolution duly adopted by the Association's Board of
Directors, each of which shall provide therein: the compensation to be paid; the term thereof which shall not exceed one year, renewable by agreement of the parties for successive one year periods; the termination thereof by either party without cause or payment of a termination
fee on 90 days or less written notice; the termination thereof by either
party for cause on 30 days written notice; and such other matters as may be agreed upon which are not inconsistent with the terms of this Declaration or the Association's Articles of Incorporation and By-Laws, as
amended from time to time. Copies of any management agreement then currently in effect shall be made available for inspection by the
Members, each of whom shall be bound by the terms and conditions there- of. Should the Association enter into any management agreement as
provided for herein and thereafter, upon the termination or expiration
of same, assume self management of the property subject to its jurisdiction, the Association shall provide written notice thereof to each
mortgagee of a Single Family Plot, Apartment Plot, or Condominium Unit whose name and address have theretofore been furnished to the Association together with a written request for such notice.
Section 3. Limitation of Liability; Indemnification. Notwithstanding
the duty of the Association to maintain, repair and replace
parts of the Association Properties and facilities, the Association
shall not be liable for injury or damage caused by any latent condition
of the Association Properties and facilities nor for injury or damage
caused by the elements, its Members or other persons; nor shall any
officer or director of the Association be liable to any Member for
injury or damage caused by such officer or director in the performance
of his duties unless due to the willful misfeasance or malfeasance of
such officer or director. Each officer or director of the Association
shall be indemnified by the Association against all expenses and liabilities, including attorneys' fees, reasonably incurred by or imposed upon
him in connection with any proceeding to which he may be a party, or in which he may become involved, by reason of his being or having been such an officer or director, or any settlement thereof, whether or not he is
such an officer or director at the time such expenses and liabilities
are incurred, except in such cases wherein the officer or director is
adjudged guilty of willful misfeasance or malfeasance in the performance
of his duties; provided that, in the event of a settlement, the indemnification shall apply only when the Board of Directors approves such
settlement and reimbursement as being for the best interests of the Association.
ARTICLE VII
INSURANCE AND CASUALTY LOSSES
Section 1. Insurance. Unless otherwise first approved in writing
by the holders of at least three-fourths (3/4) of all first mortgages
secured by Single Family Plots, Apartment Plots, or Condominium Units, the Association's Board of Directors shall obtain insurance for all
insurable improvements on the Association Properties against loss or
damage by fire or other hazards, including extended coverage, vandalism
and malicious mischief, in an amount sufficient to cover the full,
current replacement cost, less ordinary deductible amounts, of any
repair or reconstruction in the event of damage or destruction from any
such hazard. The Board of Directors shall also obtain a public liability
policy covering all Association Properties and facilities for the
hazards of premises operations or actions arising out of bodily injury, property damage, false arrest, invasion of privacy and libel and slander
caused by the negligence of the Association or any of its agents, which
public liability policy shall be at least $500,000.00 single limit as
respects the hazards enumerated herein. Premiums for all such
insurance shall be common expenses paid for by the Association.
Section 2. Damage and Destruction. (a) Immediately after any
damage or destruction by fire or other casualty to all or any part of
the property covered by insurance written in the name of the Association,
the Board of Directors or its duly authorized agent shall
proceed with the filing and settlement of all claims arising under such insurance, obtain reliable and detailed estimates of the cost of repair
or reconstruction of the damaged or destroyed property and, if such
damage or destruction is substantial, provide written notice of same
to each mortgagee having an interest therein whose name and address have theretofore been furnished to the Association together with a written
request for such notice. Repair or reconstruction, as used in this
Article, means repairing or restoring the property to substantially the
same condition in which it existed prior to the fire or other casualty.
Subject to subsection (c) hereof, all such damage or destruction shall
be repaired or reconstructed as soon as practicable after any such
casualty shall occur. The Association's Board of Directors may advertise
for sealed bids from and may negotiate with any licensed contractors
for such repair or reconstruction and may enter into such
contract or contracts for such repair or reconstruction as it may deem necessary or advisable. The contracting party or parties may be
required to provide a full performance and payment bond for such repair
or reconstruction.
are not sufficient to defray the cost of such repair or reconstruction,
the Association's Board of Directors shall have the authority
to and shall, subject to subsection (c) hereof, levy a special assessment against all Owners in sufficient amounts to provide funds to pay
such excess cost of repair or reconstruction. Assessments for such
purpose may be made, without a vote of the Members, at any time during
or following the completion of any repair or reconstruction.
(c) In the event of damage or destruction by fire or other casualty
to all or any part of the Association Properties and facilities, such
damage or destruction shall be repaired or reconstructed unless within
60 days after such casualty an instrument requesting that the damage or destruction not be repaired or reconstructed is signed by Members of the Association entitled to cast at least eighty percent (80%) of the votes
of each class of Members and filed with the Association's Board of
Directors, in which event the damaged or destroyed area or areas shall
be cleaned up and maintained in a neat and attractive condition. If,
for any reason, the amount of the insurance proceeds to be paid as a
result of such damage or destruction or reliable and detailed estimates
of the cost of repair or reconstruction is not made available to the
Association within said period of 60 days after the casualty, then such
period shall be extended until such information shall be made available
to the Association; provided, however, that said period of time shall in
no event exceed 120 days after the casualty. No mortgagee shall have
any right to participate in the determination as to whether the damage
or destruction shall be repaired or reconstructed except that insurance proceeds paid as a result of damage or destruction to all or any part of
the Association Properties and facilities shall not be used for other
than repair or reconstruction unless otherwise first approved in writing
by the holders of at least three-fourths (3/4) of all first mortgages
secured by Single Family Plots, Apartment Plots, or Condominium Units.
ARTICLE VIII
ARCHITECTURAL CONTROL
Section 1. Construction; Review and Approval. No building, outbuilding, storage shed, pool house, kennel, tree house, pen, gazebo,
fence, wall, dock, or other structure, except those provided by the
Declarant, shall be commenced, erected or maintained upon the Properties, nor shall any exterior addition to, change in or alteration of
any of said structures be made until complete final plans and specifications showing the nature, kind, shape, height, materials, basic exterior
finishes and colors, location and floor plan thereof, and showing front,
side and rear elevations thereof and the names of the builder, general contractor and all subcontractors have been submitted to and approved by
the Association's Board of Directors or by an architectural control
committee composed of three or more persons appointed by said Board as
to harmony of exterior design and general quality with the existing
standards of the neighborhood and as to location in relation to surrounding structures and topography. In the event said Board or its
designated committee fails to approve or disapprove such design and
location within 30 days after said plans and specifications shall have
been submitted to it, approval will not be required and this Section
will be deemed to have been fully complied with.
Section 2. Initial Improvements. Notwithstanding the foregoing provisions of this Article VIII, the functions of the Association's
Board of Directors or its designated committee during and with respect
to the initial improvement of the Properties and the Association Properties shall be the responsibility of the Declarant.
ARTICLE IX
EXTERIOR MAINTENANCE
Section 1. Association Properties. The responsibility for the maintenance, in a neat and attractive condition, of all Association
Properties and facilities shall be as prescribed in Article VI of this
Declaration.
Section 2. Other Properties. All Properties subject to this
Declaration, together with the exterior of all improvements located
thereon, shall be maintained in a neat and attractive condition by and
at the expense of their respective owners. Such maintenance shall
include, but shall not be limited to, painting, staining, repairing, replacing
and caring for roofs, gutters, downspouts, building surfaces, trees, shrubs, grass, walks and other exterior improvements; provided,
however, that any such painting or staining shall be compatible in
appearance and quality with the range of colors and materials then
existing on other buildings in the neighborhood.
ARTICLE X
PROTECTIVE COVENANTS
Section 1. Land Use and Building Type. No Properties shall be
used except for residential purposes. No building shall be erected,
altered, placed, or permitted to remain on any Single Family Plot other
than one single-family dwelling (detached or attached) not to exceed
three stories in height and a private garage for not more than four
cars.
Section 2. Fences. Fences shall be constructed of wood only and
shall be finished on both sides. Chain link fences are prohibited
unless permitted by the Architectural Control Committee in its
discretion. No fence shall be higher than six feet or be erected,
placed, altered or allowed to remain on any Lot nearer to any street
than the rear corner of the house or building containing Condominium
Units or Apartment Units. In addition, but only with respect to Lots
adjoining lakes or ponds (Lots 24, 25, 26, 27, and 29 in Block "C"
and Lots l, 2. and 3 in Block "E", as shown on the plat of survey
referred to in Exhibit "A" attached hereto), no fence or structure of
any kind, other than those which may be approved by the Association's Board of Directors or Architectural Control Committee and boat docks specifically authorized by Section 20 of this Article X. shall be
erected, placed, altered or allowed to remain on any such Lots nearer to
any lake or pond than the rear setback lines shown on the plat or plats
of survey depicting such Lots.
Section 3. Walls. No wall (excluding a retaining wall) shall be constructed or permitted to remain upon any Lot if it is higher than six
feet or if it is constructed of poured concrete, concrete block,
concrete brick, cinder block or combination thereof or combined with clay
or rock. Clay brick or rock walls will be permitted provided the style,
location, height and material have been approved pursuant to Article
VIII hereof.
Section 4. Single Family Residence Cost, Quality and Size. No
Single Family Residence shall be permitted on any Single Family Plot at
a cost of less than $50,000 based upon cost levels prevailing on the
date this Declaration is recorded, it being the intention and purpose of
this Section to assure that all dwellings shall be of a quality of
workmanship and materials substantially the same or better than that
which can be produced on the date this Declaration is recorded at the minimum cost stated herein for the minimum permitted dwelling size. The ground floor area of the main structure of the Single Family Residence, exclusive of one-story open porches and garages, shall not be less than
1,250 square feet for a one-story dwelling, nor less than 900 square
feet for a dwelling of more than one story, using outside dimensions.
Section 5. Building Location. No building shall be located on any
Lot nearer to the front lot line or nearer to the rear lot line or
nearer to the side street line than the minimum building setback lines,
if any, shown on and applied according to the rules described in the
plat of survey referred to in the instrument subjecting such Lot to the Covenants of this Declaration. The plat of survey applicable to the
Lots subjected to the Covenants of this Declaration on the date hereof
is referred to in Exhibit "A" attached hereto. Declarant is not
required to provide setbacks from side lines or interior lot lines, and
may permit construction of apartments, condominiums, single family attached homes, zero lot line homes, patio homes, and cluster homes.
For purposes of this Section, eaves, steps, patios and open porches
shall not be considered as a part of a building; provided, however, that
this shall not be construed to permit any portion of a building, on a
Lot to encroach upon another Lot.
Section 6. Single Familv Plot Area and Width. No detached Single Family Residence shall be erected or placed on any Single Family Plot
having a width of less than 80 feet at the minimum building setback line
nor shall any detached Single Family Residence be erected or placed on
any Single Family Plot having an area of less than 10,000 square feet.
No Lot may be divided into two or more parcels by resubdivision or
otherwise.
Section 7. Easements. Easements for installation and maintenance
of utilities, drainage facilities and cable television are reserved as
shown on the plat of survey referred to in Exhibit "A" attached hereto
and over the rear ten feet of each Lot.
Section 8. 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.
Section 9. Temporary Structures. No structure of a temporary character, trailer, basement, tent, shack, garage, barn or other out-
building shall be used on any Lot at any time as a residence either temporarily or permanently.
Section 10. Signs. No sign of any kind shall be displayed to the
public view on any Lot except one sign of not more than five square feet advertising the property for sale or rent, or signs used by a builder to advertise the property during the construction and sales period.
Section 11. Oil and Mining Operations; Wells; Pumping From Lakes. No oil drilling, oil development operations, oil refining, quarrying or
mining operations of any kind shall be permitted upon or in any Lot, nor
shall oil wells, tanks, tunnels, mineral excavations or shafts be
permitted upon any Lot. No derrick or other structure designed for use
in boring for oil or natural gas shall be erected, maintained or permitted
upon any Lot. No water wells shall be drilled or maintained on any
Lot. No person may pump water from lakes on Association Properties without the consent of the Association.
Section 12. 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 household pets may be kept provided that they
are not kept, bred, or maintained for any commercial purposes.
Section 13. Garbage and Refuse Disposal. No Lot shall be used
or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall not be kept except in sanitary containers. All incinerators
or other equipment for the storage or disposal of such material shall be
kept in a clean and sanitary condition.
Section 14. Sewage Disposal. No individual sewage disposal system shall be permitted on any Lot unless such system is designed. located
and constructed in accordance with the requirements, standards and recommendations of the Georgia Department of Public Health. Approval of such systems as installed shall be obtained from such authority.
Section 15. Sight Distance at Intersections. No fence, wall,
hedge or shrub planting which obstructs sight lines at elevations
between two and six feet above the roadways shall be placed or permitted
to remain on any corner Lot within the triangular area formed by the
street property line and a line connecting them at points 25 feet from
the intersection of the street lines, or in the case of a rounded
property corner from the intersection of the street property lines
extended. The same sight line limitations shall apply on any Lot within
ten feet from the intersection of a street property line with the edge
of a driveway or alley pavement. No tree shall be permitted to remain
within such distances of such intersections unless the foliage line is maintained at sufficient height to prevent obstruction of such sight
lines.
Section 16. Streets. All Lots shall be sold with the provision
that the city or county may at any time raise or lower the street
surfaces and that such action on the part of the city or county shall in
no wise be considered as a basis for a claim for damages to the abutting property.
Section 17. Vehicles. All motor vehicles shall be currently
licensed and maintained in proper operating condition so as not to be a hazard or nuisance by noise, exhaust emissions or appearance. All motor vehicles, including trail bikes, all terrain vehicles, and motorcycles,
shall be driven only upon paved streets and driveways. No motor vehicles shall be driven on pathways or unpaved Association Properties,
except such vehicles as are authorized by the Association as needed to maintain, repair or improve the Association Properties. Overnight
parking of all boats and boat trailers, recreational vehicle, trailers,
trucks (excluding unmodified pickup trucks) and related equipment shall
be in garages, screened enclosures approved pursuant to Article VIII
hereof or stored in such manner as not to be visible from any street.
Section 18. Clothes Drying Equipment. No clothes lines or other
clothes drying apparatus shall be permitted on any Lot, except when
properly screened.
Section 19. Mail Boxes and Newspaper Tubes; Antennae. Only mail boxes and newspaper tubes approved pursuant to Article VIII hereof shall
be permitted. No transmitting or receiving antennae (including but not
limited to satellite dishes and ham radio antennae) shall be constructed, erected, or allowed to remain on the Properties without the prior ,
written approval of the Association's Board of Directors or the architectural control committee.
Section 20. Boat Docks. Private boat docks shall be permitted on
Lots adjoining lakes and ponds only in accordance with plans and specifications therefor approved in writing in each case by the Association's Board of Directors or architectural control committee.
Section 21. Power Boats. The use of gasoline powered motor boats and jet skis is prohibited within the Properties.
Section 22. Construction and Marketing Activities. So long as the Declarant or any builders are engaged in developing or improving any
portion of the Properties, such persons shall be exempted from the
provisions of this Article affecting movement and storage of building materials and equipment, erection and maintenance of directional and promotional signs and conduct of sales activities, including maintenance
of model houses. Such exemption shall be subject to such rules as may
be established by the Declarant to maintain reasonable standards of
safety, cleanliness and general appearance of the Properties.
Section 23. Additional Protective Covenants. Additional protective covenants may be set forth with respect to property in the plat of
survey referred to in the instrument subjecting such property to this Declaration.
ARTICLE XI
GENERAL PROVISIONS
Section 1. Duration. The Covenants contained herein shall run
with and bind the land, shall be and remain in effect, and shall inure
to the benefit of and be enforceable by the Association or the owner of
any property subject to this Declaration, their respective legal representatives, heirs, successors and assigns, for a term of 20 years from
the date on which this Declaration is filed for record in the Office of
the Clerk of the Superior Court of Harris County, Georgia. Thereafter,
said Covenants shall be renewed and extended automatically for successive periods of 10 years each unless, during the last year of any
particular term, an instrument in opposition to any such automatic
renewal and extension is signed by at least three-fourths (3/4) of the
Class "A" Members and recorded in the Office of the Clerk of the Superior Court of Harris County, Georgia, in which event the Covenants shall
expire at the end of the then current term. Written notice of any
proposal to not renew and extend the Covenants shall be given to each mortgagee of a Lot whose name and address have theretofore been
furnished to the Association together with a written request for such
notice.
Section 2. Amendments. This Declaration may be amended at any
time during the initial 20 year term hereof by an instrument signed by
at least nine-tenths (9/10) of the Class "A" Members, and thereafter by
an instrument signed by at least three-fourths (3/4) of the Class "A" Members, and recorded in the Office of the Clerk of the Superior Court
of Harris County, Georgia. During the existence of the Class "B" membership, any amendment of this Declaration shall require, in
addition, the prior written approval of the Class "B" Member and the Veterans Administration. Should any proposed amendment alter materially the Covenants contained herein, written notice thereof shall be given to
each mortgagee of a Single Family Plot, Apartment Plot, or Condominium Unit whose name and address have theretofore been furnished to the
Association together with a written request for such notice. Notwithstanding the foregoing, amendments to this Declaration for the sole purpose
of complying with the requirements of any governmental or quasi-governmental entity authorized to fund or guarantee mortgages on
Single Family Plots, Apartment Plots, or Condominium Units within a planned unit development, as such requirements may exist from time to
time, may be effected by the execution thereof by all directors of the Association and the recording of same in the office of the Clerk of the Superior Court of Harris County, Georgia.
Section 3. Notices. Any notice required to be sent to any Owner
or mortgagee pursuant to any provision of this Declaration or the Association's By-Laws may be served personally or by depositing such
notice in the mails, postage prepaid, addressed to the Owner or mortgagee
to whom it is intended at his last known place of residence or
business, or to such other address as may be furnished to the secretary
of the Association, and such service shall be deemed sufficient. The
date of service by mail shall be the date of mailing. Notice to one of
two or more co-owners shall constitute notice to all.
Section 4. Enforcement. Enforcement of the Covenants contained herein and the Association's Articles of Incorporation and By-Laws may
be by any appropriate proceeding at law or in equity by the Association
or any aggrieved Owner against any person or persons violating or
attempting to violate same, either to restrain violation, to enforce
personal liability, to recover damages or to enforce any lien created by
these Covenants. The remedies provided for herein are distinct
and cumulative and the exercise of any one or more of them shall not preclude the exercise of any or all other legal remedies now or hereafter provided. Any failure by the Association or any Owner to enforce any of
said Covenants, Articles of Incorporation or By-Laws, however long continued, shall in no event be deemed a waiver of the right to do so thereafter. Any person entitled to file a legal action for any violation
of these Covenants, the Association's Articles of Incorporation
or By-Laws shall be entitled to recover reasonable attorney's fees as a
part of such action.
Section 5. Notice of Default to Mortgagees. The first mortgagee
of a Single Family Plot, Apartment Plot, or Condominium Unit shall be entitled to written notification from the Association of any default by
the Owner of such Single Family Plot, Apartment Plot, or Condominium
Unit in the performance of his obligations under this Declaration or the Association's Articles of Incorporation, By-Laws or rules and regulations which is not cured within 60 days provided that a request for
such notices shall have been made in writing to the Association by such
mortgagee.
Section 6. Consent of First Mortgagees Regarding Exterior Appearance. Notwithstanding, and in addition to, any other provision of this Declaration, the Association's Articles of Incorporation, By-Laws and
rules and regulations, the Association shall not be entitled, by act or omission, to change, waive or abandon any scheme of regulations or enforcement thereof pertaining to the architectural design or the
exterior appearance of improvements constructed or to be constructed on
the Lots, the exterior maintenance of such improvements, the maintenance
of party walls or common fences and driveways, or the upkeep of lawns
and planting in the Properties unless first approved in writing by the
holders of at least three-fourths (3/4) of all first mortgages secured
by Single Family Plots, Apartment Plots, or Condominium Units.
Section 7. Priority of First Mortgagees. No provision of this
Declaration or of the Association's Articles of Incorporation, By-Laws
or rules and regulations shall be construed to grant to any Owner, or to
any other party, any priority over any rights of first mortgagees of the
Single Family Plots, Apartment Plots, or Condominium Units pursuant to their mortgages in the case of a distribution to Lot Owners of insurance proceeds or condemnation awards for losses to or a taking of the Association Properties or any portions thereof.
Section 8. Leasing of Lots. Any lease agreement between an Owner
and his lessee regarding any Single Family Plot, Apartment Plot, or
Condominium Unit or portion thereof must be in writing and must provide therein that the terms of the lease shall be subject in all respects to the provisions of this Declaration and the Association's Articles of
Incorporation and By-Laws, and that any failure by the lessee to comply
with the terms of such documents shall constitute a default under the
lease.
this Declaration shall be interpreted in such manner as to be effective
and valid, but if any provision of this Declaration or the application
thereof to any person or to any property shall be prohibited or held
invalid, such prohibition or invalidity shall not affect any other
provision or the application of any provision which can be given effect without the invalid provision or application, and to this end the
provisions of this Declaration are declared to be severable.
Section 10. Authorized Action. Unless otherwise expressly provided herein, all actions which the Association is permitted or required to
take pursuant to the provisions of this Declaration shall be authorized
actions of the Association if approved by the Board of Directors in the manner provided for in the ByLaws of the Association.
Section 11. Captions. The caption of each section hereof as to
the contents of such section is inserted only for convenience and is in
no way to be construed as defining, limiting, extending or otherwise modifying or adding to the particular section to which it refers.
Section 12. Gender. The masculine gender shall be construed to include a female or any legal entity where the context so requires.
IN WITNESS WHEREOF, the Declarant has caused this Declaration to be executed by its duly authorized officers, and its corporate seal to be hereunto affixed, the day and year first above written.
Signed, sealed and delivered
in the presence of:
Unofficial Witness
Notary Public
George C. Woodruff Co
President
Schuster Enterprises, Inc.
Frank D. Foley, III
See Original page for Signatures
EXHIBIT A TO DECLARATION OF
COVENANTS, CONDITIONS AND RESTRICTIONS
FOR COCA LAKE
LEGAL DESCRIPTION - SECTION ONE LOTS
AND INITIAL ASSOCIATION PROPERTY
SECTION ONE LOTS
All of those lots, tracts, and parcels of land situate, lying, and
being in Land Lots 112 and 113, 18th Land District, Harris County,
Georgia, described as Lots 28 through 34 (inclusive) in Block "B", Lots
19 through 29 (inclusive) in Block "C", Lots I through 8 (inclusive) in
Block "D", and Lots I through 3 (inclusive) in Block "E", being a total
of 29 lots, in
SECTION ONE COCA LAKE SUBDIVISION, as shown on that mapor plat entitled "Section One Coca Lake lying in Land Lots 112 and 113,
18th District, Harris County, Georgia" dated January 5, 1988, prepared
by Moon, Meeks & Patrick, Inc., Civil Engineers, Columbus, Georgia, and recorded in Plat Book 14 , Folios 97 and 98 , public records of
Harris County, Georgia, to which reference is hereby made for the most
accurate and complete description of said lots.
INITIAL ASSOCIATION PROPERTY
LANDSCAPING ON NORTH SIDE OF ENTRANCE
All that lot, tract, and parcel of land situate, lying and being in
Land Lot 113 of the 18th Land District, Harris County, Georgia, lying
within the following metes and bounds:
BEGIN at the iron pin at the intersection of the east right-of-way
of Hamilton Road (90 foot right-of-way) and the north right-of-way of
Coca Way (60 foot right-of-way) and run north 31 degrees 15 minutes east along the east right-of-way of Hamilton Road, 135.0 feet to an iron pin;
run thence south 58 degrees 45 minutes east, 30.0 feet to an iron pin;
run thence south 31 degrees 15 minutes west, 120.0 feet to an iron pin;
run thence south 58 degrees 45 minutes east, 135.87 feet to an iron pin;
run thence in a southeasterly and counterclockwise direction along a
curve (said curve having a radius of 547.48 feet) an arc distance of
96.62 feet to an iron pin; run thence south 16 degrees 42 minutes 50
minutes west, 15.04 feet to an iron pin on the north right-of-way of
Coca Way; run thence in a northwesterly and clockwise direction along
the curving north right-of-way of Coca Way (said curve having a radius
of 562.48 feet) an arc distance of 100.43 feet to an iron pin; run
thence north 58 degrees 45 minutes west along the north right-of-way of Coca Way, 165.87 feet to the iron pin on the east right-of-way of
Hamilton Road which marks the POINT OF BEGINNING.
The above described property is identified as PARCEL "A" on that
certain survey entitled "Survey of Coca Lake Common Areas - Lying in
Land Lots 111, 112 & 113, 18th District, Harris County, Georgia" dated January 22, 1988, prepared by Moon, Meeks & Patrick. Inc., Civil Engineers, Columbus, Georgia, and recorded in Plat Book 14 , Folio
99" , public records of Harris County, Georgia (said survey is hereinafter referred to as the "Survey of Coca Lake Common Areas"). LANDSCAPING ON SOUTH SIDE OF ENTRANCEEXHIBIT B TO DECLARATION OF
COVENANTS, CONDITIONS AND RESTRICTIONS
FOR COCA LAKE
LEGAL DESCRIPTION
INITIAL ASSOCIATION PROPERTY
LANDSCAPING ON NORTH SIDE OF ENTRANCE
LANDSCAPING ON SOUTH SIDE OF ENTRANCE
counterclockwise along the curving south right-of-way of Coca Way (said curve having a radius of 622.48 feet) an arc distance of 115.66 feet to
an iron pin; run thence south 16 degrees 42 minutes 50 seconds west,
15.03 feet to an iron pin; run thence northwesterly and clockwise along
a curve (said curve having a radius of 637.48 feet) an arc distance of
119.47 feet to an iron pin; run thence north 58 degrees 45 minutes west, 135.87 feet to an iron pin; run thence south 31 degrees 15 minutes west, 120.0 feet to an iron pin; run thence north 58 degrees 45 minutes west,
30.0 feet to the iron pin on the east right-of-way of Hamilton Road
which marks the POINT OF BEGINNING.
The foregoing property is identified as Parcel "B" on the Survey of
Coca Lake Common Areas referred to above.
COCA LAKE
All that lot, tract and parcel of land situate, lying and being in
Land Lots 112 and 113, 18th Land District, Harris County, Georgia, which
is identified as "Coca Lake" on the above referenced Survey of
Coca Lake Common Areas and which consists of 29.6 acres of land lying within the boundaries of Coca Lake as shown on said survey.
MOUNTAIN RIDGE LAKE
All that lot, tract and parcel of land situate, lying and being in
Land Lots 111 and 112, 18th Land District, Harris County, Georgia, which
is identified as "Mountain Ridge Lake" on the above referenced Survey of Coca Lake Common Areas and which consists of 30.5 acres of land lying within the boundaries of Mountain Ridge Lake as shown on said survey.
HAMILTON ROAD PLANTING
Plants, shrubs, and other flowers planted on the right-of-way of
Hamilton Road for a distance of approximately one-third mile on either
side of main entrance.
COCAI-65/42
EXHIBIT C TO DECLARATION OF
COVENANTS, CONDITIONS AND RESTRICTIONS
FOR COCA LAKE
LEGAL DESCRIPTION OF PROPERTY WHICH
DECLARAN'T MAY ADD AS A MATTER OF RIGHT
Declarant has reserved in the Declaration of Covenants, Conditions and Restrictions for Coca Lake the right, but not the obligation, to add to
the property subject to the Declaration any part or parts or the whole
of the tracts of land described on Exhibit C-1, C-2, C-3, C-4, C-5, C-6,
C-7, C-8, and C-9 attached hereto and made a part hereof.
COCAI.65/43
All that tract or parcel of land situate, lying and being in Harris
County. Georgia, consisting of part of Land Lot No. 196 of the Nineteenth
(19th) of said County and parts of Land Lots Nos. 111. 112 and
113 of the Eighteenth District of said County, and being embraced within
the following boundaries, to-wit: BEGINNING at a concrete right-of-way
marker located at the point where the eastern boundary of the sixty foot
right-of--way of Hamilton Road (known also as U. S. Highway No. 27 and
Georgia State Highway No. 1) intersects the southern boundary of said
Land Lot No. 196, and running thence north 12 degrees 04 minutes east,
along said eastern right-of-way line of Hamilton Road, 604.9 feet to a
concrete monument; thence continuing northeasterly, along said eastern
line of said Hamilton Road 723.73 feet to a concrete monument; thence
north 31 degrees 15 minutes east along said eastern line of said
Hamilton Road 3956.2 feet to an iron; thence continuing northeasterly
along said eastern line of Hamilton Road 631.4 feet to an iron; thence
south 59 degrees 39 minutes east along the southern boundary of land
formerly owned by Jenkins 736.55 feet to an iron; thence south 01 degree
52 minutes east along the western boundary of said Jenkins property
766.46 feet to an iron; thence north 88 degrees 36 minutes cast 1241.79
feet to an 8" twin chinaberry tree; thence south 05 degrees 09 minutes
east 718.42 feet to an iron; thence south 87 degrees 29 minutes west
138.55 feet to an iron; thence south 01 degree 29 minutes east 1509.47
feet to an iron; thence north 87 degrees 54 minutes east 2825.06 feet to
an iron; thence south 02 degrees 08 minutes east 1412.07 feet to an iron
located at the southeast corner of said Land Lot No. 111; thence south
88 degrees 04 minutes west, along the southern lines of said Land Lots
Non.111 and 112. a distance of 6004.9 feet to a 12" red maple tree
located on the line dividing said Eighteenth District from said Nineteenth
District; thence south 02 degrees 24 minutes east 299 feet to an
iron located at the southeast corner of said Land Lot No. 196; thence
south 87 degrees 48 minutes west 1438.6 feet to a 2" iron fence post;
and thence north 85 degrees 12 minutes west 95.23 feet to the beginning
point; LESS AND EXCEPT the following described parcels:
FIRST EXCEPTED PARCEL
All that tract or parcel of land situated in Land Lot 196 of the Nineteenth Land district of Harris County, Georgia and Land Lot 112 of the Eighteenth Land District of Harris County, Georgia more particularly described as follows:
BEGINNING at a 12-inch hardwood tree marking the corner common to
Land Lots 81 and 112 of the 18th Land District of Harris County,
Georgia said corner also being common to lands of Richard S.
Waddell and lands of Federal Coca-Cola Bottling Company; thence
from said Point of Beginning North 87 degrees 56 minutes east along
the dividing line between lands of Richard S. Waddell and lands of
Federal Coca-Cola Bottling Company 1329.27 feet to a point; thence
north 77 degrees 18 minutes west 2666.20 feet to a point on the
easterly right-of-way of Hamilton Road, also known as Georgia
Highway No. I and U. S. Highway No. 27; thence in a general
southerly direction along the said easterly right-of-way line of
Hamilton Road also known as Georgia Highway No. I and U. S. Highway
No. 27 1015.92 feet to the most southwesterly corner of lands of
Federal Coca-Cola Bottling Company; thence south 85 degrees 28
minutes east along the said south property line of Federal
Coca-Cola Bottling Company 95.23 feet to a point; thence north 87
degrees 41 minutes east along the said south property line of lands
of Federal Coca-Cola Bottling Company 1433.42 feet co an iron pin
and lands of Richard S. Waddell; thence north 01 degree 54 minutes
west along the dividing line between lands of Richard S. Waddell
and lands of Federal Coca-Cola Bottling Company 299.76 feet to the
Point of Beginning. being 32.289 acres, and being more particularly
described in that certain deed from Federal Coca-Cola Bottling
Company to Georgia Power Company, dated March 22. 1983 and
Exhibit C-1
Page 1 of 2
But for the tracts of property excepted above, said tract or parcel of
land includes all of the 431.846 acres of land lying east of Hamilton
Road which is shown an the map or plat made by Siegel Engineering
Company, dated October. 1950, entitled "Survey of the Property, of the
Estate of Columbus Roberts". recorded in Plat Book 1,. Page 77, in the
office of the Clerk of the Superior Court of Harris County, Georgia. A
portion of said tract or parcel of land includes all lands lying east of
Hamilton Road which are shown on the map or plat entitled "Survey for
Columbus Coca-Cola Bottling Company". made by C. V. Carr & Co..
Engineers. dated June 14, 1949. and recorded in Plat Book 1, Page 40, in
the Office of said Clerk. Said tract or parcel of land includes also,
in part, all of that portion of the 520-acre tract described in the deed
from Mrs. Derilda Adams, George Albert Adams, Joe H. Adams, Mrs. Annie
Adams Friend and Mrs. Lovie Adams Cooksey to Columbus Roberts (dated
October 27, 1932 and recorded in Deed Book 7, Folio 82, in the Office of
said Clerk) which lies cast of the present Hamilton Road. Said tract or
parcel of land also includes all that property described within a
certain deed from Miss Lula Bethume and Florrie B. Pennell to Columbus
Roberts. said instrument being dated the 27th day of October, 1932 and
having been recorded on November 1, 1932 in Deed Book 7. Page 83,
aforesaid records; and also that tract or parcel of land described in a
certain deed between Marie D. Needham and Columbus Roberts, said deed
being dated the 1st day of June, 1935 and having been recorded an June
10, 1935 in Deed Book 8, Page 208, aforesaid records.
Page 2 of 2
All that lot, tract, and parcel of property lying in Land Lot 82 of the 18th District, Harris County, Georgia, containing 72.566 acres, lying
within the following metes and bounds
BEGINNING at the common corner of Land Lots 82, 83, 110 and 111, of the 18th District. Harris County, Georgia and run thence south 88 degrees 55 minutes 01 seconds west along the north line of Land Lot 82 for a
distance of 2,904.00 feet to an iron stake located at the common corner
of Land Lots 81, 82, 111 and 112, of the 18th District, Harris County
Georgia; run thence south 02 degrees 11 minutes 12 seconds east along
the west line of Land Lot 82 for a distance of 800.00 feet to an iron
stake; run thence south 79 degrees 47 minutes 30 seconds east for a
distance of 2,962.40 feet to an 'iron stake on the east line of Land Lot
82; run thence north 01 degrees 46 minutes 00 seconds west along the
east line of Land Lot 82 for a distance of 1,380.00 feet to the iron
stake which marks the point of BEGINNING.
LEGAL3.d2501
Exhibit C-2
All that lot, tract or parcel of land situate, lying and being in Land
Lot 83 of the 18th Land District, Harris County, Georgia, containing
108.18 acres, more or less. lying within the following metes and bounds:
Beginning at the common corner of Land Lots 83, 84, 109 and 110 of the 18th Land District, Harris County, Georgia and run thence south 89
degrees 59 minutes west along the northern boundary of said Land Lot 83
a distance of 3,021.64 feet to an iron pin which marks the common corner
of Land Lots 82, 83, 110 and 111 of the 18th Land District, Harris
County, Georgia; run thence south 00 degrees 45 minutes east along the western boundary of said Land Lot 83 a distance of 1,542.40 feet to an iron pin; run thence south 89 degrees 09 minutes east a distance of
2,999.93 feet to an iron pin located on the eastern boundary of Land Lot 83;.run thence north 00 degrees 04 minutes east along the eastern
-boundary of said 'Land Lot 83 a distance of 1,587.75 feet to an iron
pin which marks the Point of Beginning.
This foregoing conveyance is subject to the following: an Easement of
right-of-way in favor of Georgia Power Company dated May 5, 1983 and recorded May 23, 1983 in Deed Book 114, Page 661 of the records in the Office of the Clerk of the Superior Court of Harris County, Georgia, and
an Easement of right-of-way in favor of Georgia Power Company dated
April 23, 1959, recorded May 1, 1959 in Deed Book 30, Page 414, of the aforesaid records, and an Easement for a pipeline in favor of Southern Natural Gas company dated July 21, 1958, recorded August 11, 1958 in Deed Book 31, Page 114, of the aforesaid records, and a Pipeline Permit in favor of Southern Natural Gas dated December 2, 1950 and recorded December 26, 1950 in Deed Book 21, Page 433, of the aforesaid records,
and a General Permit in favor of Southern Bell Telephone and Telegraph Company dated February 13, 1941 and recorded in Deed Book 12, Page 449, of the aforesaid records.
L4.d7Ol
Exhibit C-3
All that lot, tract, or parcel of land situate, lying and being in Land
Lot 111 of the 18th District, Harris County, Georgia, containing 26.627
acres, more or less, lying within the following metes and bounds:
Beginning at the common corner of Land Lots 111, 112, 113 and 114 of the 18th Land District, Harris County, Georgia and run thence north 87
degrees 17 minutes 20 seconds east along the northern boundary of said Land Lot 111 a distance of 137.07 feet to an iron stake; run thence
south 41 degrees 39 minutes 16 seconds east a distance of 1958.0 feet to
an iron stake; run thence south 87 degrees 54 minutes 48 seconds west a distance of 1400 feet to an iron stake located on the western land lot
line of Lot 111; run thence north' 01 degrees 29 minutes 22 seconds west along said western land lot line of Land Lot 111 a distance of 1507.96
feet to an iron stake which marks the point of beginning.
The foregoing conveyance is subject to a right-of-way deed dated October
1, 1979, filed November 24, 1980, and recorded November 25, 1980 in Deed Book 103, Page 511 in the records of the Superior Court of Harris
County, Georgia, and an easement in favor of Georgia Power Company dated January 18, 1950, filed and recorded March 11, 1950 in Deed Book 21, Page 126, in the records of the Superior Court of Harris County,
Georgia.
L4.42
Exhibit C-4
All that lot, tract, and parcel of property lying in Land Lots
82 and 79 of the 18th District, Harris County, Georgia, containing
131.780 acres, lying within the following metes and bounds:
BEGINNING at the common corner of Land Lots 78, 79, 82,
and 83, of the 18th District, Harris County, Georgia, and run
thence along the East line of Land Lot 82 North 01 degrees 51
minutes 36 seconds West, 1533.19 feet to an iron pin; run thence
along the East line of Land Lot 82 North 01 degrees 51 minutes
36 seconds West, 162.34 feet to an iron pin; run thence North
79 degrees 47 minutes 30 seconds West, 2962.40 feet to an iron
pin on the West line of Land Lot 82; run thence along the West
line of Land Lot 82 South 02 degrees 11 minutes 12 seconds East,
2294.08 feet to an iron pin located at the common corner of Land
Lots 79, 80, 81, and 82, 18th District, Harris County, Georgia;
run thence along the South line of Land Lot 82, North 88 degrees
05 minutes 05 seconds East, 1697.26 feet to an iron pin; run
thence South 79 degrees 40 minutes 35 seconds West, 133.59 feet
to an iron pin; run thence South 65 degrees 11 minutes 35 seconds
West, 125.10 feet to an iron pin; run thence South 42 degrees
05 minutes 35 seconds West, 169.83 feet to an iron pin; run thence
South 18 degrees 43 minutes 55 seconds East, 69.01 feet to an
iron pin on the Northern right of way of Grey Rock Road; run
thence in a Northeasterly and clockwise direction along the curving
North right of way of Grey Rock Road (said curve having a radius
of 944.95 feet) an arc distance of 557.31 feet to an iron pin;
continue thence Easterly and clockwise along the curving North
right of way of Grey Rock Road (said curve having a radius of
2129.34 feet ) an arc distance of 662.30 feet to an iron pin;
continue along the North right of way of Grey Rock Road South
85 degrees 00 minutes 54 seconds East, 389.43 feet to the iron
pin which marks the POINT OF BEGINNING.
Exhibit C-5
Exhibit C-6
Continued
Exhibit C-6
Exhibit C-7
run thence south 02 degrees 04 minutes east along the dividing
County, Georgia.
Exhibit C-8
COCAI.5
Exhibit C-9
EXHIBIT D TO DECLARATION
OF COVENANTS, CONDITIONS AND RESTRICTIONS
FOR COCA LAKE
GENERAL PLAN OF DEVELOPMENT
The General Plan of Development, as illustrated in the sketch
COCA1.65/44
Page I of 2
Exhibit "D"
Page 2 of 2