Declaration of Covenants, Condition, Restrictions & Easements

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ARTICLE V GENERAL PROVISIONS 5.1 Duration. The covenants, conditions, restrictions and easements in this Declaration shall run with and bind the Property and shall inure to the benefit of and be enforceable by and against the Owner of each Lot, and their respective legal representatives, heirs, successors and assigns. The easements created pursuant to this Declaration shall be perpetual. Any provision of this Declaration expressly benefiting the City, the County, or any other governmental or quasi-governmental entity, shall be perpetual unless and until waived in writing by that entity. All other covenants, conditions, restrictions and reservations created by this Declaration shall continue for a term of thirty (30) years from the date of this Declaration, after which time the same shall expire except to the extent preserved in a duly recorded instrument, signed by the Owners of both Lots, agreeing to extend the duration of this Declaration. 5.2 Enforcement. Each Owner(including Developer so long as Developer is the Owner of at least one of the Lots) shall have the right to enforce, by any proceeding at law or in equity, all easements, covenants, conditions, restrictions and charges now or hereafter imposed by the provisions of this Declaration, including the collection of any Owner's pro rata share of Common Expenses. The City, the County, and any other governmental or quasi-governmental entity, shall have the right to enforce by any proceeding at law or in equity all easements, covenants, conditions and restrictions created by this Declaration expressly for the benefit of such entity. In view of the purposes of this Declaration and the unique characteristics of the Property, it is acknowledged that money damages to the Owners, or any other entity in the event of a violation of any of the terms hereof would be an inadequate remedy, due to the irreparable 1021479v5 9