Restrictions Run with Land. Unless canceled, altered, or amended under the provisions of this paragraph, the provisions of this Declaration shall run with the land and shall be binding on the lots, the owners of each lot, and all parties claiming under them for a period of thirty (30) years from the date this Declaration is recorded. After such thirty (30) years, this Declaration shall be deemed extended automatically for successive periods of ten (10) years, unless and until an instrument signed by at least seventy-five percent (75%) of the lot owners of the lots subject to this Declaration has been recorded in the aforesaid Clerk’s Office agreeing to change this Declaration in whole or in part and term hereof; provided, however, that if Developer, it designated successors or assigns, as applicable, then owns any lot, this Declaration may not be so changed in whole or in part without the prior written consent of Developer in its sole discretion. From the date of this Declaration and for so long hereafter as Developer, its designated successors or assigns, as applicable, owns any lot (i) this Declaration may hereafter be unilaterally amended by Developer to bring the terms and provisions hereof in compliance with any applicable governmental law, rule, regulation, order, decree, judgment, or ordinance, and (iii) Developer may otherwise unilaterally amend this Declaration as Developer may elect, in its sole discretion, provided that such amendment under this subpart (ii) shall not materially adversely affect the then existing private single- family residential nature of the developed residential phases of Locust Creek. At such time as neither Developer, its designated successors or assigns, as applicable, owns any lot at Phase I or upon such earlier date as Developer may elect in its sole discretion by written notice given to the Board of Directors of the Community Association, this Declaration may thereafter be canceled, altered, or amended by the recordation of a document in the aforesaid Clerk’s Office in which the Board of Directors of the Community Association certifies that such cancellation, alteration,
Restrictions Run with Land. Unless canceled, altered or amended under the provisions of this Covenant, these restrictions are to run with the land and shall be binding on the owner of the Public Plaza Property and its successors, heirs and assigns. Declarant hereby declares that the Public Plaza Property shall hereafter be held, transferred, sold, leased, conveyed and occupied subject to the restrictions set forth herein, each and all of which is and are for, and shall inure to the benefit of Declarant, and shall apply to and bind the heirs, assignees and successors in interest of the owner of the Public Plaza Property. Declarant: THE CITY OF LAKEWOOD By: Xxxxxxx X. Xxxxxxx, Mayor STATE OF OHIO ) ) ss: COUNTY OF CUYAHOGA ) The foregoing instrument was acknowledged before me this day of , 20 , by Xxxxxxx X. Xxxxxxx, the Mayor of THE CITY OF LAKEWOOD. Notary Public The legal form and correctness of this instrument is hereby approved: By:_ Xxxxx X. Xxxxxx, Director of Law This instrument prepared by: Xxxxx Xxxxxx Xxxxxx, Esq. Xxxxxxxx Xxxx LLP 0000 Xxx Xxxxxx 000 Xxxxxx Xxxxxx Xxxxxxxxx, Xxxx 00000 Exhibit A
Restrictions Run with Land. Unless altered or amended under the provisions of this paragraph, these Restrictions shall run with the land and shall be binding on all parties claiming under them for a period of twenty-five (25) years from the date this document is recorded, after which time such covenants shall automatically be extended for successive periods of ten (10) years, unless an agreement in writing changing or releasing said Restrictions, in whole or in part, and signed by the then owners of not less than fifty-one percent (51%) of the Subdivision by area, exclusive of dedicated roadways, has been recorded in the Recorder’s Office of Xxxxx County, Indiana. The failure of any owner to demand or insist upon observance of any of these Restrictions, or to proceed for restraint of violation of any of these Restrictions, shall not be deemed a waiver of the violation, or the right to seek enforcement of these Restrictions.
