AMENDMENT PF DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, AND RESTRICTIONS FOR THE CLIFFS AT PRESTWOULD SUBDIVISION

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1 AMENDMENT PF DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, AND RESTRICTIONS FOR THE CLIFFS AT PRESTWOULD SUBDIVISION WHEREAS, THE CLIFFS AT PRESTWOULD, LLC, a Virginia limited liability company, is the developer of THE CLIFFS AT PRESTWOULD SUBDIVISION, a project located in Bluestone District, Mecklenburg County, Virginia; and WHEREAS, the said developer ("the Declarant'') has heretofore executed a Declaration of Protective Covenants, Conditions, and Restrictions for said subdivision which are recorded as Instrument No in the public records of said county; and WHEREAS, the developer desires to amend the said declaration and has the unilateral right to do so as the sole owner of all lots and property in the subdivision. NOW, THEREFORE, this amendment to the said declaration dated this day of July, 2009, as follows: 1. Th~ abbreviation "L. L. C." is deleted from the name "The Cliffs at Prestwould L. L. C. Subdivision" wherever appearing in the declaration so that the name of the subdivision is 'The Cliffs at Prestwould Subdivision." 2. Paragraph 3 on Page 2 is amended in its entirety to read as follows: Only one single family dwelling may be constructed on a lot. A one story dwelling shall contain not less than 1,800 square feet of floor space. A two Story dwelling shall contain not less than 1,800 square feet of floor space with the additional requirement that there must be 1,000 square feet of heated floor space on the first floor. I

2 This space shall be derived by measuring from the outside wall lines excluding any square footage in the basement, porches, carports, garages, patios, terraces, workshops and storage rooms or spaces. If a garage containing guest or servant quarters is constructed prior to the residence dwelling, the latter dwelling must be completed within two years after completion of the garage. Failure to complete the principal residence dwelling within the said two year period shall prohibit any habitation of the garage or other dependencies and the owner at the owner's expense shall remove such buildings within six months after expiration of the two 'year period. No dwelling or associated dependency shall be constructed or allowed to remain on a lot which does not conform to these standards.. 3. Paragraph 7 on Page 6 is amended in its entirety to read as follows: No'lot shall be subdivided Without the written consent of the Declarant, its successors or duly authorized agent, except that two lot owners may subdivide an unimproved lot lying between them, but only one single family residence shall be built on the combined original lot and the subdivided portion of any lot; provided further, that adjoining lot owners may adjust their common boundary line by the sale or exchange of property between such owners, so long as such role or exchange is approved by the Declarant and conforms in all respects with the zoning ordinances of Mecklenburg County, Virginia, and so long as such sale or exchangedoes not result in any improved lot being reduced to less than 1,800 square feet and so long as said sale or exchange conforms in all respects with the provisions of these restrictive covenants. 2

3 4. Paragraph 11 on Page 8 is amended in its entirety to read as follows: All driveway pipe shall be constructed of re-enforced concrete pipe, with a minimum of twenty (20) feet of pipe laid in the driveway entrance in compliance with all specifications of the State of Virginia, and, to this end, the driveway pipe must be approved in writing by Declarant, its successors, assigns or duly authorized agent. All driveways, extending from the road granting access to said lot shall be paved with a minimum of four (4) inches of concrete or a minimum of two (2) in6hes of asphalt with a minimum of six (6) inches of compacted stone and/or approved equivalent building material. The compacted stone or equivalent material is to be used as a base for the concrete or asphalt surface. 5. Paragraph 12 on Page 8 is amended in its entirety as follows: Easements for public utilities and drainage fifteen (15) feet wide along subdivision roads and ten (10) feet wide along all other lot lines except five (5) ; feet wide along side lot lines are reserved. 6. Paragraph 17 on Page 10 is amended in its entirety as follows: No grass or weeds shall be allowed to grow taller than six (6) inches on any lot. After notice to an owner, Declarant will mow said grass and charge any fees back to the lot owner. All dwellings shall be landscaped (seeded and strawed) viithin ninety (90) days of occupancy with the following features: (a) all driveways are subject to the provisions of Paragraph 11 above, and all parking areas shall be paved with a minimum of four (4) inches of concrete, or a minimum of (2) inches of asphalt. Compacted stone or equivalent material is to be used as a base for the concrete or asphalt surface; 3

4 (b) (c) (d) (e) all residences shall maintain a minimum of eight (8) shrubs in front of the dwelling, which shall be properly maintained and pruned at all times; all stumps and other vegetation shall be removed; all satellite systems shall be screened from public view, and have low growing shrubs or flowerbed placed around the base; and, all lot owners shall be responsible for maintaining erosion control for the protection of their lots, other lots, and Army Corps property before, during and after construction. In addition, any uprooted stumps, or unsightly vegetation shall be removed from any lot within ninety (90) days from the date of purchase, or start of construction by the owner, unless the owner has contracted with the Declarant to the contrary, and the owner has contracted with the Declarant for the removal of said stumps and vegetation; in which event, the cost of the same shall be included in the purchase price of the lot; and said agreement shall be recited in the deed of transfer; or unless the Declarant, its successors, assigns or duly Authorized Agent have otherwise waived enforcement of this provision. 7. Paragraph 23 on Page 12 is revised in its entirety as follows: No water supply system for human consumption or sewage disposal system shall be permitted on the lots herein conveyed unless the locations, construction and design are in full compliance with requirements, standards and - - recommendations of the Mecklenburg County Health Department and Virginia State Board of Health. All lots will be on private wells at the cost of the lot owner using specified contractors named by the Declarant. In addition, septic systems to be constructed on any lot must be approved in writing by the Declarant, its 4

5 successors, assigns, or duly Authorized Agent. No outdoor toilet or privy shall be constructed on any lot. There shall be no wells or septic systems serving more than one dwelling. 8. In Paragraph 29 on Page 14 and all subsequent paragraphs of the declaration and on the recorded subdivision plat, the words "low speed vehicle" shall be substituted for the words "golf cart." 9. Paragraph 30 on Page 15 is revised in its entirety as follows: LoW Speed Vehicles (''LSV s") used for travel along the roads and community low speed vehicle paths must be "street legal" by meeting the, equipment, licensing, registration and other requirements of Sees and of the Code of Virginia. Community low speed vehicle paths are restricted for use by the residents only. 10. Paragraph 33 on Page 17 is deleted in its entirety. 11. Paragraph 34 on Page 18 is revised in its entirety as follows: No' lot owner shall build a house for "speculation" purposes. However, Declarant, its successors, assigns, or duly authorized agent reserve the right to unilaterally waive this restriction which waiver shall be recorded in the public records at closing of the lot sale to third parties or at the time Declarant commences construction. 5

6 12A. Paragraph 35 beginning on Page 18 and ending on page 19 before "ANNUAL ASSESSMENT" heading is revised in its entirety as follows: The Declarant will construct the subdivision sign, landscaping, gates, low speed vehicle paths, community docks and boat storage area, and in addition will construct the roads in the subdivision to the Virginia Department of Transportation's minimum standards for subdivision roads. [NOTE: Declarant contemplates and all subsequent lot purchasers are hereby informed that the roads in the subdivision will be turned over to the State of Virginia. The Declarant shall maintain said subdivision sign, landscaping, low speed vehicle paths, and community docks in a state of good repair until such time as seventy (70%) percent of the lots have been sold by the Declarant. NOTE: At this time, the Developer will convey the roads and any and all other common areas and/or amenities including, but not specifically limited to, the subdivision sign, and gate, low speed vehicle paths and community docks to the Association], or in the case of roads, until such time as the roads have been accepted by the Virginia Department of Transportation for public maintenance. Declarant reserves the right to grant an appropriate right of way to the Virginia Department of Transportation for purposes of state maintenance of the roads in the subdivision. HOWEVER, Declarant SHALL be entitled to use the hereinafterestablished annual assessment, surcharge assessment and special assessment to defray the cost for maintaining the same. Once seventy (70%) percent of the lots have been sold, the roads, the subdivision sign, iandscaping, low speed vehicle paths, and community docks shall be maintained in a s~te of good repair by the Association. 12B. At the end of Paragraph 35 on page 21 a new headed subparagraph is added as follows: ~p AID ASSESSMENTS: Assessments by the homeowners' association which are unpaid after ninety (90) days from the date of assessment 6

7 shall be deemed delinquent and incur interest at the legal rate plus a late penalty of five (5%) percent ofthe amount of the assessment together with any court costs and attorney's fees incurred in their collection. The association shall have the authority to enforce assessments by legal action. 13. Paragraph 37 on Page 21 is revised in its entirety as follows: Failure of the Declarant or any lot owner to enforce any of these covenants and restrictions at the time a violation occurs or when such is first discovered shall not be deemed a waiver of the right to do so thereafter as to the same breach or as to one occurring prior or subsequent thereto. 14. Paragraph 42 on Page 22 is revised in its entirety as follows: The foregoing covenants and restrictions may be abolished, altered or amended in whole or in part as to their application to anyone or more lots in said subdivision upon the recordation in the Circuit Court Clerk's Office of, Mecklenburg County, Virginia, of the written approval thereof signed and., acknowledged by the owners at the time of seventy (70%) percent of the lots contained in said subdivision. However, until fifty (50%) percent of the lots are conveyed c,frecord, the developer's right of amendment is exclusive and unilateral. 15. A new Paragraph 43 is added as follows: No on-street parking shall be allowed excepting visitors, repair or maintenance services, delivery or moving vehicles. 7

8 16. Anew Paragraph 44 is added as follows: No firearms shall be discharged in The Cliffs at Prestwould Subdivision. 17. A new Paragraph 45 is added as follows: The rights and easements of enjoyment of lot owners are subordinate to the developer's right to borrow and encumber commonly used property, legal title to which is still vested in the developer. In all other respects the original Declaration of Protective Covenants, Conditions, and Restrictions shall remain unchanged, are incorporated herein, and are ratified. STATE OF NORTH CAROLINA COUNTY OF~r'\v i\\e... I certify that Mark H. Hicks, Member of The Cliffs at Prestwould, L. L. C., a Virginia limited liability company, personally appeared before me on the \ '6""""" day 0(3"" v-\'1 ' 2009, and executed the foregoing instrument on behalf of said company. [NOTARIAL SEAL] ~ H. T..q,.: ~.\,~ -.,.0,.0 ~.' X:-v..' '" ;'. /O\'AA) f ~ ; \ f f.. \ ::, ; '"'"* }: I, \ 1 0 '1 \..~ ~U$\,\~ pi ~' ;... 'f1'~ ; ~~ -; 7LLE CO~...-.~..... Notary Public My commission expires:,,'\~ '-\ \ ~\d- 8

9 THE CLIFFS AT PRESTWOULD, L. L. C. STATE OF NORTH CAROLINA COUNTY OF ](l()c.l I certify that W. Dennis Tharrington, Member of The Cliffs at Pres~ould, L. L. C., a VFted ~abilitycompany,personallyappearedbefore meonthe ~ day o. 2009, and executed the foregoing instrument on behalf of said company. otary Public -: <.., :: "" -... ~ " My commission expires: ifanucuy Iq Wl3 THE CLIFFS AT PRESTWOULD, L. L. C. iko<' By: Ann Mead STATE OF NORTH COUNTY CAROLINA OF --=-l~_c\-,-,-k I certify that Ann Mead, Member of The Cliffs at Prestwould, L. L. C., a Virginia limited liability company, personally appeared before me on the \~ day of (f\a, \ t '2009, and executed the foregoing instrument on behalf of said omp y. My commission expires: I- 9

10 THE CLIFFS AT PRESTWOULD, L. L. C. By. ~ It 4- Stanley H. Fox ~ STATE OF NORTH CAROLJNA COUNTY OF ~u~ \ \CO!-- I certify that Stanley H. Fox, Member of The Cliffs at Prestwould, L. L. C., a Virginia limited liability company, personally appeared before me on the \~ day oduj,-\ ' 2009, and executed the foregoing instrument on behalf of said company. [NOTARIAL SEAL]., ~N..H..... J..f(;.\..: :.,."'''' ' '\' '"...,""..0.l ~.,... ' OTA ~"""\ \ I' / ~ 'T).- '\ \\ i ; \ l \ *** J J \Q\,(). I \~\ -, UBL\V.'1t' A /~9'l "'/ VfI. [\" -,.',LE do\}~ ~... Notary Public Mycommissionexpires:t'\o.,-~... \, do\(s. STATE OF NORTH CAROLINA COUNTY OF ~v, \ tjl. I certify that Major L. Gore, Member of The Cliffs at Prestwould, L. L. c., a Virginia limited liability company, personally appeared before me on the \ ~ day ow \.&\\,1 ~, 2009, and executed the foregoing instrument on behalf of said company. '.'... t$.il47':~.. [NOT.. /~...~:~, '\ :'... OTAI':l...;o! /~ J-\\ f \Q\ i * * * ),",' \ ~ vbl\v / ':', ~",(), I r.. ~~i..cou\'\' :' ". '1t'1_ <, ''".A ~...~ ~C\\~_ Notary Public My commission expires: t-~~ '-f I :;;O\ci,