05014_Guilford_Mills_Declaration_Of_Covenants_20030618

RECORDED -734708
KATHERINE LEE PAYNEREGISTEROFDEEDS
GUILFORD COUNTY,NCrr~~.••BOOK:5876
PAGE(S):2545 TO 2561
07/21/2003 08:05:43
-.06/18/2003 GUILFORD CO.NC
1 MISC DOCUMENTS 720327 $12.00
t~.15 MISC DOC ADDN P65 $45.00RECORDED-720327
KATHERINE LEE PAYNE 1 PROBATE FEE $2.00
REGISTER OF DEEDS
GUILFORD COUNTY,NC
BOOK:5846 07/21/2003 GUILFORD CO.NC
PAGE (5):1658 TO 1674 1 MISC DOCUMENT 734708 $0.00
06/18/2003 13:17:02 16 MISC DOC ADDN P68 $0.00
~~yos~%~S~k~LLP,/~/~~La-C a7/~q-3~~9
~REGISTRAR’S MEMO:THIS DOCUMENT IS BEING —R CORDED TO CO E ~HE SEQUENTIAL ERROR
CD MADE IN THE FIRST SCANNING PROCESS.__________________________________
STATE OF NORTH CAROLINA AS T.REGISTER OF DEEDS 8/200 3
COUNTY OF GUILFORD
(~)DECLARATION OF COVENANTS,CONDITIONS AND
C-’RESTRICTIONS FOR WENDOVER VILLAGE
THIS DECLARATION OF COVENANTS,CONDITIONS AND RESTRICTIONS
FOR WENDOVER VILLAGE is entered into this ~t~’day of May,2003,by WENDOVER
VILLAGE,LLC,a North Carolina limited liability company (“Wendover”or “Declarant”).
RECITALS
A.Declarant is the owner of six (6)separate parcels of property as more particularly
shown as Lot 1 (“Lot 1”),Lot 2 (“Lot 2”),Lot 3 (“Lot 3”),Lot 4 (“Lot 4”),Lot 5 (“Lot 5”)and
Lot A (“Lot A”)on that certain plat entitled “Final Plat Subdivision Lot 1-5,Plus Lot “A”,The
Shoppes at Wendover Village,An Integrated Multiple Use Development”prepared by Murphy
&Sacks,Professional Land Surveyors,last dated fl4 a rcJ~~.~,2003 and recorded in Book of
Maps ISO at Page.1~f’7_4~nthe Guilford County Register of Deeds (the “Plat”)(Lot 1,Lot 2,Lot
3,Lot 4,Lot 5 and Lot Ajeollectively referred to as the “Parcels”or the “Subject Property”).
LI~d1j1(dIaii..A1S0
B Declarant wishes to establish uniform building restnctions and use restnctions
applicable to the Subject Property,and to subject the Subject Property to such covenants,
easements,affirmative obligations,charges,and liens,as heremafier set forth,each and all of which
are hereby declared to be for the benefit of the Subject Property and each and every owner of any
part of the Subject Property shall take subject to the provisions of this Declaration.
NOW,THEREFORE,in consideration of the covenants set forth in this Declaration and
for the purposes set forth above,the Declarant,for itself,and its successors and assigns,imposes
and places the following restrictions upon the Parcels,reserving unto itself and to future owners
of the Parcels certain rights and privileges,all as more particularly set forth in this Declaration.
1.Use Restrictions.No portion of the Subject Property shall be used as a:
WINL1BOI 985390.5
i.industrial or manufacturing facility;
11)
ii.flea market,pawn shop or swap shop;
iii.massage parlor,adult book store,or for the sale or display of pornographic
materials (except for the typical sale or display of magazines in a convenience store or
newsstand);
iv.store for the sale of drugparaphernalia;
v.bowling alley,arcade,game room or skating rink;(provided,however,
U~)that an outdoor or indoor play area may be operated as part of a restaurant);
C)vi.ballroom,dance hall,nightclub,discotheque or bar (for purposes of this
CD Section 1,the term “bar”shall mean any establishment which derives at least fifty
percent (50%)of its gross revenues from the sale of alcoholic beverages for consumption
on the premises);
vii.barber college;
viii.auditorium,meeting hall,banquet facility;
ix.library,house of worship,reading room,or any operation catering
pnmanly to attendees rather than to customers,
x funeral parlor,
xi off-track betting parlor,gambling or gaming facility,
xii carnival,amusement park,or circus,
xiii junk yard,or
xiv.facility for animal raising and storage (other than as incidental to a full-
line retail pet supply operation).
2.Outparcel Use Restrictions.Neither Lot 3,Lot 4 nor Lot 5 may be sold to,
leased to,used by or occupied by Wendy’s International,Inc.,McDonald’s Corporation,Sonic
Corporation,CKE Restaurants,Inc.d/b/a Carl’s,Jr.or Hardee’s,Jack In The Box,Inc.,Cook-
Out,Inc.,Char Broil or Johnny Rockets or their franchisees,for a period of twenty (20)years
from the date ofrecordation of this Declaration.
3.Easement over Common Access Facilities.The owner of each Parcel shall have
a perpetual non-exclusive easement to use all of the vehicular roadways,drive aisles,entrances
and exits,and sidewalks,including,without limitation the areas shown as the “Variable Width
Cross Access Easement”on the Plat (collectively the “Common Access Facilities”)located from
time to time on the Subject Property,for the purpose for which such Common Access Facilities
are designed.The owner of each Parcel shall have the right to relocate any such Common
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WJNLIBOI 985390.5
Access Facilities on its Parcel from time to time;provided,however,that no changes shall be
made in the Common Access Facilities that deprive any Parcel from reasonably direct two-way
access to and from each Parcel to a public right of way over a paved roadway.The owner of
each Parcel shall maintain the portion of the Common Access Facilities located on its respective
Parcel at its own cost and expense.Notwithstanding anything contained herein to the contrary,
the owners of the portions of the Common Access Facilities shown as “Variable Width Cross
Access Easement”on the Plat (the “Central Access Drives”)shall be entitled to reimbursement
from the owners of the Subject Property of their respective share of the actual,reasonable cost
•incurred by such owners in maintaining,cleaning,repairing,resurfacing,and striping the
r Central Access Drives (the “Access Maintenance Costs”).The respective share of each of
the Parcels for the Access Maintenance Costs and for other costs which are required to be
c.J reimbursed by each of the respective Parcel owners shall be a fraction the numerator of
which shall be the acreage of the respective Parcel and the denominator of which shall be the
C)cumulative acreage of all of the Parcels (the “Pro Rata Share”).Notwithstanding the
foregoing,to the extent the owners of the Parcels over which the Central Access Drives cross
receive reimbursement for the Access Maintenance Costs pursuant to that certain Declaration
of Easements and Restrictions,dated July 17,2002 between Wendover and Greensboro Auto
Auction,Inc.,recorded in Book 5557,Page 1114 of the Guilford County Register of Deeds
(as amended,the “GAA Declaration”),the amount of such reimbursement shall be credited
toward the Access Maintenance Costs prior to determining each Parcel’s Pro Rate Share of
the Access Maintenance Costs.The owners of the Parcels upon which the Central Access
Drives are located (the “Maintaining Owners”)may request payment of the Pro Rata Share of the
Access Maintenance Costs from the other Parcel owners within sixty (60)days after the end of
each calendar year by providing such other Parcel owners with a list of the Access Maintenance
Costs and reasonable documentation of such costs.The parties responsible for payment of their
Pro Rate Share of the Access Maintenance Costs shall reimburse the Maintaining Owners for
such amounts within forty five (45)days after receipt of the request and the supporting
documentation.If any Parcel owner fails to pay it Pro Rata Share of Access Maintenance Costs,
as required herein,the Parcel owner which incurred such Access Maintenance Costs shall be
entitled to file and enforce a mechanic’s lien against the interest of the nonpaying owner in its
Parcel for such amount,and to recover that amount in an action at law against the nonpaying
owner,all in accordance with the applicable laws of the State of North Carolina.
4.No Barriers.Common Access Facilities shall be constructed and maintained at a
uniform grade along common property boundaries,and no barriers,fences or other obstructions
shall be erected within the Common Access Facilities or elsewhere on the Subject Property so as
to interfere with the free flow of pedestrian and vehicular traffic between the Common Access
Facilities located from time to time on the Subject Property.The foregoing provisions shall not
prohibit the reasonable designation and relocation of traffic and pedestrian lanes or the
reasonable construction of medians and landscape buffers by the owner of any Parcel upon its
own Parcel,so long as such matters do not interfere with reasonably direct two-way paved access
from each Parcel to Wendover Avenue.In addition,the owner of each Parcel may block traffic
on its Parcel for the time necessary to prevent the creation of prescriptive easement rights,or as
may be reasonably required for the purpose of repairing or replacing the roadways,parking
areas,and sidewalks on its Parcel.If possible,however,such action shall be taken on a day or at
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WINLIBOI 985390.5
a time when the buildings on the Subject Property would not otherwise be open for business,and
—in any event only after prior written notice to the owners of adjoining Parcels.
5.Utility Easements.The owner of each Parcel shall have a perpetual non-
~exclusive easement to tap onto and use all of the common private utility systems located from
c.time to time within the Subject Property,which private utility systems shall include,without
limitation,the stormwater drainage lines,water lines,sewer lines,and all other utility lines and
the areas shown as the “20’Waterline Easement”,“25’Waterline Easement”,“10’Fire Hydrant
Easement”and “20’Sewer Easement”on the Plat.To the extent that utility services to its Parcel
are not available in the adjoining public rights-of-way,the owner of each Parcel shall have a
__non-exclusive easement appurtenant to its Parcel over and across the remainder of the Subject
1-Property for the purpose of installation,maintenance,repair and use of private utility systems
u~)serving its Parcel;provided,however,that the location of such private utility systems shall be
subject to the reasonable prior approval of the owner of each burdened Parcel,taking into
account the overall development plan of the Subject Property and the applicable requirements of
the utility service providers and Guilford County,and provided that all utility lines shall be
installed underground.Each Parcel owner installing utilities pursuant to this Paragraph 5 (an
“Installing Owner”)shall be responsible for the cost and expense of such installation,including
without limitation,tap fees to the appropriate municipality or municipal agency.In addition,
each Installing Owner shall indemnify,defend,and hold harmless the owner of the Parcel on
which its off-site utilities are located,from and against any and all claims,damages,losses and
expenses of any kind (including without limitation court costs and reasonable attorney’s fees)
which may arise directly out of the exercise of easement rights under this Paragraph 5 by the
Installing Owner.The Installing Owner shall promptly discharge (within thirty (30)days after
receipt of notice of filing)any and all liens filed against any other Parcel as a result of or relating
to any construction or maintenance undertaken by or on behalf of the Installing Owner under this
Paragraph 5.
If,pursuant to the terms of this Paragraph,the owner of any Parcel installs a private
utility system that serves only its Parcel over,under or across another Parcel,the Installing
Owner shall:(a)relocate any such utility system at its expense if such relocation is required as a
result of construction by the owner of the Parcel across which the utility is installed;(b)maintain
or cause to be maintained any such private utility system at its sole expense;(c)repair at its
expense any damage to improvements or landscaping caused by such installation and
maintenance;and (d)perform such installation and maintenance so as to minimize any disruption
of business on the Parcel on which the private utility system is located,including a requirement
that,to the extent practical,such work be performed only during the hours that the businesses on
any affected Parcel are not open for business.
6.Drainage Easement.Declarant reserves,for the benefit of each of the Parcels,a
perpetual non-exclusive easement and right of cross drainage of reasonable amounts of surface
water over and across each of the other Parcels (the “Drainage Easement”).Should the owner of
any Parcel request a specific Drainage Easement be delineated by a separate recordable
document,Declarant reserves the right and authority to grant such Drainage Easement without
conflicting with the terms hereof and without obtaining the consent of the owner of the Parcel
which the Drainage Easement crosses except that the location of such Drainage Easement shall
be subject to the reasonable prior approval of the owner of each burdened Parcel,taking into
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WINLIBOI 985390.5
account the overall development plan of the Subject Property.In addition to the foregoing,the
Drainage Easement shall be located in reasonable areas so as not to interfere with buildings or
other improvements located or to be located on each of the Parcels and shall be constructed
pursuant to site plans approved by the County of Guilford,City of Greensboro or all other
C)applicable governmental authorities.Declarant also reserves,for the benefit of each of the
Parcels,a perpetual nonexclusive easement and right to drain through the drainage pipes and
•drainage improvements located in the areas shown on the Plat as the “10’Drainage Easement”
and the “25’Drainage Easement”(collectively the “Platted Drainage Easements”).The owner of
each Parcel shall maintain the portion of the Platted Drainage Easements located on its respective
Parcel at its own cost and expense.Notwithstanding anything contained herein to the contrary,
the owner of Lot 1 shall be entitled to reimbursement from the owners of the other Parcels of
their Pro Rata Share of the costs incurred by the owner of Lot 1 in maintaining and repairing the
portion of the Platted Drainage Easements located on Lot 1 (the “Drainage Maintenance Costs”).
C)The owner of Lot 1 may request payment of the Pro Rata Share of the Drainage Maintenance
Costs from the other Parcel owners within sixty (60)days after the end of each calendar year by
providing such other Parcel owners with a list of Drainage Maintenance Costs and reasonable
documentation of such costs.The parties responsible for payment of their Pro Rate Share of the
Drainage Maintenance Costs shall reimburse the owner of Lot 1 for such amounts within forty
five (45)days after receipt of the request and the supporting documentation.If any Parcel owner
fails to pay it Pro Rata Share of Drainage Maintenance Costs,as required herein,the owner of
Lot 1 shall be entitled to file and enforce a mechanic’s lien against the interest of the nonpaying
owner in its Parcel for such amount,and to recover that amount in an action at law against the
nonpaying owner,all in accordance with the applicable laws ofthe State of North Carolina.
7.Lighting Easement.Declarant reserves an easement over the area shown as
“Lighting Easement”on Exhibit A attached hereto and incorporated herein by reference,for the
placement of light poles and fixtures in such area and for the maintenance of such light poles,
including replacement of bulbs,repainting and replacement of such poles and fixtures (the
“Lighting Easement”).The Lighting Easement shall be a nonexclusive easement appurtenant to
Lot 1.
8.Maintenance Standards.Until such time as buildings or other improvements are
constructed on its Parcel,the owner of each Parcel shall maintain their Parcel either in its current
natural state,or as a paved,seeded,landscaped or natural area,as applicable,shall promptly
remove all trash and debris and generally shall maintain its Parcel in a safe,neat and clean
condition at all times.This maintenance obligation shall specifically include the obligation to
keep any paved areas in good condition and repair.
After the development of each Parcel,the owner thereof shall maintain or cause to be
maintained its Parcel in a safe,clean and attractive condition,and shall maintain and repair at its
expense all improvements on its Parcel which need repair in order to keep the same in good
condition and repair,in compliance with then current zoning laws,building codes and other
governmental regulations,and in a condition substantially similar to that existing upon the initial
completion of those improvements.This maintenance obligation shall include,without
limitation,the following:
a.To keep and maintain the exterior of all buildings,and all sidewalks,
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WINLIBOI 985390.5
roadways,walkways and paved parking surfaces (specifically including the roadways and
entrances within the Common Access Facilities),in a good,safe,clean and sightly
•condition at all times,and to remove promptly,to the extent reasonably practicable,
snow,ice,surface water and debris.
CD
C)b.To keep all directional signs,pavement signs and parking lot striping
distinct and legible.
c.To repair,replace and renew exterior lighting fixtures and bulbs,tubes and
ballasts therefor as may be necessary.
d.To care for and replant all landscaped and planted areas so as not to allow
C)dead plants to remain within its Parcel.
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In e.To repair any damage or breakage to utilities located beneath the
pavement on its Parcel and serving only its Parcel.
C)
C)If any Parcel owner fails to maintain or cause to be maintained in good order and
condition any roadways located on its Parcel within the Common Access Facilities,and such
failure continues for a period of sixty (60)days after such Parcel owner (the “Responsible
Owner”)has been given written notice by the owner of any other Parcel specifying such failure
to maintain,then the owner of the Parcel giving such notice shall have the right to go on the
Parcel of the Responsible Owner to perform any necessary maintenance or repairs at the expense
of the Responsible Owner.Notwithstanding the foregoing,the notice requirement shall not be
applicable in the event of an emergency,but the repairing Parcel owner shall make reasonable
efforts to contact the Responsible Owner or its agents prior to commencing repairs.If another
Parcel owner performs such maintenance or repairs pursuant to this Paragraph,it shall be
deemed to have contracted with the Responsible Owner for that work,shall be entitled to file and
enforce a mechanic’s lien against the interest of the Responsible Owner in its Parcel for the cost
of that work,and to recover the cost of that work in an action at law against the Responsible
Owner,all in accordance with the applicable laws of the State of North Carolina.
In addition to the foregoing maintenance requirements,any Parcel owner that damages
any improvements located on any other Parcel,including but not limited to any improvements in
the Common Access Facilities,shall be obligated to repair or replace the damaged improvements
at its own expense,and the owner of the Parcel on which the damaged improvements are located
shall have the same rights to make the repairs at the expense of the Responsible Owner as are set
forth in the preceding paragraph.Notwithstanding the foregoing,at such time as any of the
Common Access Facilities or any of the private utility systems are dedicated to the City of
Greensboro,the County of Guilford or the State of North Carolina and accepted by the
applicable authority,the dedicating parcel owner shall be relieved of the obligations herein to
maintain the portion of its Parcel which has been dedicated
Any mechanic’s lien provided for in this Paragraph shall be subordinate to the lien of any
then existing and recorded institutional deed of trust encumbering the Parcel of the defaulting
owner.
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9.General Standards.Each Parcel owner shall have the following obligations:
a.To keep its Parcel clean,orderly,sanitary and free from objectionable
odors and from termites,insects,vermin and other pests.
b.To store all trash and garbage in adequate containers within its Parcel,
maintained in a clean and neat condition,and located so as not to be visible to the public
and so as not to create any health or fire hazard,and to arrange for regular removal
thereofat the Parcel owner’s expense.
c.Not to burn any papers,trash or garbage of any kind in or about the
tr~s •Subject Property.
c’J
d.To use reasonable efforts to minimize any cooking odors emanating from
any restaurant on the Subject Property (including the obligation to clean the food
processing exhaust system hoods and exhaust ducts on a regular basis),and to refrain
from disposing of any grease into the sanitary sewer lines that cross any other Parcel.
e.Not to install in or about its Parcel any exterior amplification,exterior
loudspeakers or similar devices (including a customer call system)that are audible
outside the boundaries of its Parcel,other than reasonable drive-up or drive-thru facilities
as part of a restaurant,bank,pharmacy or similar drive-thru operation.
10.Limitation on Maintenance Cost Reimbursements.Notwithstanding anything
contained in this Declaration to the contrary,the items which the owners of each of the Parcels
are required to reimburse other Parcel owners for pursuant to Section 3 and Section 6 of this
Declaration shall not include the following items as components of those costs:
a.All costs incurred in connection with or directly related to the original
construction (as distinguished from operation and maintenance)of the development
developed by Declarant and located on the Subject Property (the “Development”)or any
expansion or renovation thereof,
b Interest or payments on any financing for the Development,
c Cost of correcting defects in or inadequacy of the initial design or
construction of the Development,or repair and replacement of any of the onginal
matenals or equipment required as a result of such defects or inadequacies
d Any expense resulting from the negligence of the collecting owners,their
agents,servants or employees,or any expense incurred as a direct result of the collecting
owners’failure to use reasonable efforts to minimize expense to the extent possible
without detracting from the standards of a first class Development;
e.The cost of any repair to remedy damage caused by or resulting from the
negligence of any Parcel owners,including their agents,servants or employees but only if
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WINLIBOI 985390.5
and to the extent collecting owners shall recover the cost thereoffrom said parties,which
the collecting owners covenant to use their best efforts to so recover;
f.Reserves for anticipated future capital expenses;
C)g.Legal and other fees,leasing commissions,advertising expenses and other
C)costs incurred in connection with original Development or original leasing of the
Development or future releasing of the Development;
h.Any items for which the collecting owners are reimbursed by insurance or
otherwise compensated,including direct reimbursement by any tenant;
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in i.Any bad debt loss,rent loss or reserves for bad debts or rent loss;
j.The cost (or any depreciation or amortization thereoO of any alternation,
additions,changes,replacements,improvements,repairs,fixtures and equipment and
other items which under generally accepted accounting principles consistently applied as
pertaining to the real estate industry are properly classified as capital expense;
k.The cost of providing improvements within the premises of any tenants in
the Development or any building;
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1.All interest or penalties incurred as a result of the collecting owners
negligently failing to pay any bill as the same shall become due;
m.The costs of renting or leasing anything other than items the purchase
price ofwhich could be included in reimbursable expense hereunder;
n.Any overhead or administrative surcharge in excess of the proper and
allowable maintenance costs;and
o.Any expenses or costs incurred in connection with alterations,
modifications,expansion or changes to the Development.
Additionally,upon ten (10)days prior written notice,any Parcel owner may audit all of
collecting Owners’bills and records relating to charges which any Parcel owner requests
reimbursement for pursuant to Section 3 or Section 6 of this Declaration.If such audit discloses
an overpayment by any Parcel owner,any Parcel owner may deduct such overpayment from the
next accruing maintenance payment(s)due.In the event of an overpayment by any Parcel owner
of more than three percent (3%),the collecting owner shall reimburse any Parcel owner for the
audit expense.Any Parcel owner shall have the right to receive copies of paid bills.Collecting
owners shall perform the maintenance for which they request reimbursement under this
Declaration on a non-profit basis.
11.General Building Restrictions.No structure of a temporary nature shall be
allowed on the Subject Property at any time (other than storage trailers at the rear of Lot 1 and
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WINLIBOI 985390.5
Lot 2),except that each Parcel owner may place a construction trailer on its Parcel during the
period of building construction.All buildings constructed upon the Subject Property shall
conform to the minimum standards specified by the applicable governmental building codes in
effect at the time of such construction,and to all other rules,regulations,requirements,
ordinances and laws of any local,state or federal governmental unit(s)or authorities having
jurisdiction thereof.
12.Outparcel Building Restrictions.No building shall be constructed on the
Outparcels that contains more than one (1)story or exceeds thirty feet (30’)in height,including
false facades and roof-mounted signs or other structures that extend above the roof line,if any,as
measured from the finished floor elevation of the building.
13.Screening and Related Refluirements.All storage tanks,trash containers and
U-)maintenance facilities located on any Parcel shall either be housed in closed buildings or
if)otherwise screened from public view in a manner architecturally compatible with the buildings
located on that Parcel.All loading docks and associated areas shall have adequate space on each
Parcel so that loading and unloading of trucks and service vehicles will not be carried out within
the Common Access Facilities.
14.Site Improvement Restrictions.Site improvements (as distinguished from
building improvements)constructed on any Parcel shall comply with all applicable zoning
conditions of record with the Guilford County Register of Deeds and zoning ordinances of the
City of Greensboro and Guilford County,North Carolina,as well as the following requirements
and restrictions:
a.All utility lines shall be entirely underground;provided,however,that
equipment such as transformers,junction boxes and meters may be located above ground.
b No on-site septic system or sanitary sewer treatment facility will be
permitted on any Parcel
c Pavement markings,directional signs,and other traffic indicators upon
each Parcel shall be in accordance with the “Manual on Umform Traffic Control Devices,
I”and shall provide for a reasonable traffic flow scheme consistent with that shown on
•the Site Plan for the Subject Property,provided,however,all parking lot striping on the
Subject Property shall be white.
d.All buffer strips and other undeveloped land areas shall be landscaped
with trees,shrubs,or suitable ground cover (which includes grass)in a uniform manner.
e.The Parcels shall be graded in such a manner that any stormwater runoff
flows into the stormwater management facilities located within the Subject Property.
15.Sign Restrictions.No signs shall be erected or installed on the Subject Property
which violate the following prohibitions:
a.All sign cabinets,conductors transformers,ballasts,attachment devices,
wiring and other equipment shall be concealed.
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WINLIBOI 985390.5
•b.No sign shall be permitted which violates the sign control ordinances or
other statutes of the City of Greensboro and Guilford County,North Carolina.
16.Plan Approval by Declarant.It is the intent of the Declarant that the
CD improvements located on each of the Parcels blend harmoniously and attractively.Accordingly,
no building improvements shall be constructed on any of the Parcels until the following items
•have been approved in writing by the owner of Lot 1,which approval shall not be unreasonably
withheld or delayed:(a)a site plan showing the location and dimensions of the buildings and the
landscaping,paving (roadway,sidewalks and parking areas),signage and other improvements to
be constructed or installed on the Parcel;(b)plans showing the exterior elevations of all sides of
the building(s)and sign(s)to be constructed or installed on the Parcel;and (c)specifications
describing the principal building materials and color(s)to be used on the exterior of the proposed
building(s),which exterior finishes shall be architecturally harmonious with each other Parcel,as
well as the exterior lighting,paving and landscaping placement and materials used on the other
Parcels.The owner of Lot 1 shall approve or reject such plans within twenty (20)days after
receipt of the request,and if the owner of Lot 1 fails to respond to any such request within the
L~)twenty (20)day period,then the plans submitted shall be deemed approved.
LI-)
17.Brownfields Agreement Reporting.The Subject Property is the subject of a
CD Brownfields Agreement between Declarant and the North Carolina Department of Environment
and Natural Resources,last dated February 21,2003 (the “Brownfields Agreement”).As a
result of the property being the subject of the Brownflelds Agreement,the owner of each Parcel
is required to submit a Land Use Restrictions Update (as defined in Section 1 0(a)(vi)of Exhibit
A to the Notice Of Brownfields Property recorded in Book 5751,Page 2110 of the Guilford
County Registry,the “LUR Update”).In order to insure that each of the Parcels complies with
this requirement,the owner of Lot 1 shall cause the LUR Update for the entire Subject Property
to be submitted to DENR,as required by the Brownflelds Agreement,within seven (7)days of
each anniversary of the effective date of the Brownflelds Agreement,certifying that:(a)the
Notice of Brownfields Property remains recorded at the Guilford County Register of Deeds
office;(b)the land use restrictions contained in the Brownfields Agreement are being complied
with;and (c)any caps installed at the Subject Property pursuant to paragraph 10(d)of the
Brownfields Agreement are continuing to fulfill their function.Not less than ninety (90)days
prior to submitting such LUR Update,the owner of Lot 1 shall submit by certified mail,return
receipt requested,to the owner of each of the other Parcels,at both:(i)the address to which tax
bills for that Parcel are sent;and (b)such other address as is provided to the owner of Lot 1 in
writing on or before the date of the transmission of such notification,a notification letter in the
form attached hereto as Exhibit B and incorporated herein by reference,stating that:(i)the LUR
Update will be transmitted to DENR on or before the date required in the Brownfields
Agreements;(ii)the LUR Update will contain the certifications stated above;and (iii)if any of
the certifications are untrue concerning that party’s respective Parcel the owner of that Parcel
shall notify the owner of Lot 1 within forty-five (45)days after the date of mailing of such
notification letter or the certifications contained in such notification letter shall be deemed agreed
to and ratified by the owner of that Parcel.
18.Casualty Loss.If any building or other improvement located on any Parcel is
damaged or destroyed by fire or other casualty,then the owner of that Parcel shall have the
option to rebuild or not to rebuild.If that owner elects not to repair or restore the damage,the
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WINLIBO!985390.5
owner shall within one hundred eighty (180)days after the date of the casualty demolish the
destroyed or damaged building or improvement,clean up any and all rubbish and debris,level
the area,and thereafter maintain its Parcel in a good,clean,safe and presentable condition.
.0 19.Amendment to Declaration.This Declaration may be amended only by a
written agreement executed by the owners of seventy five percent (75%)of the total acreage of
the Subject Property and properly recorded in the Guilford County Public Registry.
Notwithstanding the foregoing,no amendment to the Declaration shall be made which would
adversely affect an owner of a Parcel without that owner’s approval.
20.Binding Effect.The conditions,restrictions and easements contained in this
Declaration are covenants running with the land;they are made by Declarant for the benefit of
itself,its successors and assigns in title to all or part of the Subject Property,each tenant now or
hereafter leasing any part of the Subject Property,and each lender making a loan secured by a
mortgage on all or any part of the Subject Property.
21.Remedies for Breach.Except as otherwise provided herein,in the event of any
breach of any of the terms and conditions ofthis Declaration,the non-defaulting owner shall give
C\J the defaulting owner thirty (30)days notice of such breach and an opportunity to cure.In the
event the defaulting owner fails to cure such breach prior to the expiration of such thirty-day
CD period,an owner may enforce the terms and conditions of this Declaration by actions for specific
performance or injunction,or for the enforcement of any liens provided for in this Declaration,in
addition to any other remedies available at law.
22.Private Agreement.This Declaration shall not be construed to grant any rights
to the public in general.
23.Notice.All notices given pursuant to this Declaration shall be sent either by
overnight courier or certified mail,return receipt requested,to the address to which tax bills for
any given Parcel are sent,and shall be deemed given when placed in the mail.
24.Subordination of Deed of Trust.This Declaration shall be superior to any deed
of trust,mortgage,or other security instruments (“Security Instrument”)encumbering the
Parcels.Executing this Declaration below,to subordinate any such Security Instrument,are all
parties currently the beneficiary under a Security Instrument.By its execution below,the
beneficiary of the Security Instrument hereby fully subordinates the interest of the Security
Instrument to the interests of this Declaration,to the same extent and in the same manner as if
this Declaration had been executed and recorded prior to the execution and recordation of the
Security Instrument.
SIGNATURES FOLLOW
WJNL1B019853905 11
IN WITNESS WHEREOF,the undersigned have executed the forgoing Declaration
under seal the day and year first above written.
•WENDOVER:
‘0
—WENDOVER VILLAGE,LLC,
a North Carolina lim d liability company
C)By:-
C Richard Vaughn,J ,ember/Manager
STATE OF NORTH CAROLINA
COUNTY OF___________
i,g~~,Notary Public for said County and State,certify
LJ~)that C.Richard }faughn,Jr~’Member/Manager of WENDOVER VILLAGE,LLC,a North
C\J Carolina limited liability company,personally came before me this day and acknowledged the
due execution of the foregoing instrument as membej/ofWENDOVER VILLAGE,LLC.
C)/ma~qyer
WITNESS my hand and official seal,this ~day of ,2003.
5ee.S i’qt~4u~V~A~NY~SIZ~ORENotaryPublic~~I NOTARY PUBLIC ~
(Official Seal)~SLJRRY COUNVf.N~J
My commission expires:/p—Z~~c~(
12
WINLIBOI 985390.5
By its execution below,RBC Centura Bank hereby fully subordinates the interests of the
Security Instrument to the interests of this Declaration,to the same extent and in the same
C)manner as ifthis Declaration had been executed and recorded prior to the execution and
recordation of the Security Instrument.
~
kev~f ~Bet’cov~,I./~.President
ATTEST:
~
~Secretary
(CORPORATE SEAL)~L
STATE OF NORTH CAROLINA
COUNTY OF___________
I,,~\\sv~ç~‘~.•,Notary Public for said County and
State,certify that ~~.~~o~personallycame before me this day and acknowledged
that he/she is (3~.c~Secretary of RBC CENTURA BANK,and that by authority duly given and as
the act of the corporation,the foregoing instrument was signed in its name by its ~President,
sealed with its corporate seal,and attested by himlher as its ç~~-Secretary.
WITNESS my hand and official seal,this \~day of ,2003.
Notary Public Se~e5q~tdctre~tbo~t.~
(Official Seal)
S
•I I t~O7~•..~My commission expires:~-~,20~?
~.
~~L~C I
13
WINLIBOI 985390.5
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U-)EXHIBIT B
C)
CD
(Ni
-[Date]
CD
C)Name of Owner of Parcel _____
Tax Address ofParcel Owner
And
Address Provided,in Writing,to the Owner of Lot 1
RE:Annual Land Use Restrictions Update Related to the Brownfields Agreement
for Wendover Village Shopping Center,West WendoverAvenue,
S Greensboro,North Carolina
Dear Parcel Owner:
4 I am wnting this letter pursuant to the obligation of the owner of Lot 1 as stated in Section 15 of
the Declaration of Covenants,Conditions and Restrictions for Wendover Village recorded in
Book ____,Page ____of the Guilford County Register of Deeds (the “Declaration”).Pursuant
to that Section of the Declaration,the owner of Lot 1 is required to submit a Land Use
Restrictions Update to the North Carolina Department of Environment and Natural Resources
(“DENR”)on an annual basis,as required by the Brownfields Agreement between Wendover
Village,LLC and DENR,last dated February 21,2003 (a copy of which is attached as Exhibit A
to the Notice of Brownfields Property recorded in Book 5751,Page 2110 of the Guilford County
Register of Deeds)(the “Brownfields Agreement”),confirming that:(a)the Land Use
Restrictions contained in the Brownfields Agreement are being complied with;and (b)any caps
installed on your Parcel (as defined in the Declaration)pursuant to paragraph 10(d)of the
Brownfields Agreement are continuing to fulfill their function (collectively,the “Certifications”).
I plan to provide the Land Use Restrictions Update to DENR on (date),pursuant to Section 15 of
the Declaration.
In the event you have any questions regarding the Certifications,please review the Brownfields
Agreement,which describes the Certifications in more detail.
In the event the Certifications are untrue or incorrect in any manner with regard to your Parcel,
please notify me of this within forty-five (45)days after the date of this letter.In the event I do
not receive a written response regarding such Certifications within such forty-five (45)day
14
WINLIBOI 985390.5
0~
period,I will report to DENR that the Certifications stated above are true and correct,as required
by Section 15 of the Declaration.
Very truly yours,
)
C)
LI-)
C)
C)
15
WINLIBOI 985390.5
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1771 -
KATHERINE LEE PAYNE,REGISTER OF DEEDS
GUILFORD COUNTY
CD 201 SOUTH EUGENE STREET
C)GREENSBORO,NC 27402
*****-***********************
State of North Carolina,County of Güilford
The-foregoing certificate of______________________________________________________
S.
A Notary (Notaries)Public is (are)certified to be correct.This instrument and this certificate are
duly registered at the date and time shown herein.
KATHERINE LEE PAYNE,REGISTER OF DEEDS -
By:•S
Deputy -Assi~4ntRegister of ds
***************************
Yellow certification sheet is a vital part of your recorded document.
Pleaseretain with original document and submit when re-recording.
GC -1046(Rev.4/02)