No. 1588 approving declaration of protective and restrictive covenants of the second Blackthorn Industrial Parcel

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COVENANTS - SECOND BLACKTHORN INDUSTRIAL PARCEL other landscaping shall be planted, irrigated and maintained as a lawn in good condition. Areas not disturbed during construction could be planted with low maintenance, drought tolerant native grass or wild flower ground covers. 4.8 All of said real estate and all buildings, structures, improvements, appurtenances, signs, lawns, landscaping, sidewalks, driveways, parking areas and entrances thereon must at all times be maintained in a safe, clean and good condition. This will be determined by the Declarant or its designated representative ARTICLE V ACCEPTANCE OF COVENANTS 5.1 Each owner, lien holder and tenant of any part of the above described real estate hereby agrees to cooperate in the planning, granting, executing, acknowledging and recording of all easements and instruments establishing such easements deemed necessary and reasonable by the declarant, for the further development of said Second Blackthorn Industrial Parcel, which easements may include those deemed necessary for electric, telephone, gas, water and sewerage purposes and for entrances and access roads. 5.2 If any Owner or its successors or assigns or any lessee or occupant of any part of such real estate or any other person should violate any of the covenants, conditions and restrictions contained herein, other than the Declarant, it shall be lawful and permissible for the Declarant or the owner or occupant of any other real estate in said Second Blackthorn Industrial Parcel, or any one or more of such persons, to prosecute any proceedings at law or in equity against the owner, lessee or occupant violating any of these restrictions for any remedies that are available including, but not limited to, actions for injunctive relief and damages. The Declarant, shall be entitled to recover from any person or persons violating or attempting to violate any of these covenants, conditions and restrictions all attorneys fees, costs and expenses, without relief from valuation and appraisement laws, incurred by said Declarant, with respect to securing the enforcement of or the compliance with these covenants, conditions and restrictions or with respect to any actions, either at law or in equity, commenced by it for such purpose or purposes. 5.3 The invalidation or unenforceability of any one of these covenants, restrictions, or conditions shall in no way affect the validity or enforceability of any of the other covenants, conditions or restrictions which shall remain in full force and -5-