Sewer and Water Main Extension Agreement - Private Extension of Public Water Main – The Reserve at Blackthorn, LLC

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signed and recorded in the Office of the Recorder of St. Joseph County and shall become effective upon such recording. This shall include the right to waive any part of the restrictions or conditions as to any particular lot. After five (5) years from the date of recording of these Covenants, the Developer may amend any term or condition contained in these Covenants at any time by the recording of such amendment executed by the owners of the fee title of not less than seventy-five percent (75%) of the lots in the Subdivision. 33. DURATION OF COVENANTS. These covenants and restrictions are to run with the land and shall be binding on all parties and all persons claiming under them until December 31, 2030, at which time said covenants and restrictions shall be automatically extended for successive periods of ten (10) years, unless by a vote of the then owners of the fee title of not less than seventy-five percent (75%) of the lots covered by these Covenants, it is agreed to change such covenants and restrictions in whole or in part. 34. SEPARABILITY OF COVENANTS. Invalidation of any one of the covenants or restrictions by judgment of a Court of competent jurisdiction shall in no way affect any of the other covenants or restrictions and all other provisions of these covenants and restrictions shall remain in full force and effect. 35. ENFOREMENT OF COVENANTS. The right to enforce these Covenants by injunction, together with the right to cause the removal by due process of law of any structure, is hereby vested in the Developer and also each owner of a lot in the Subdivision, as well as their respective successors and assigns. These Covenants may all be enforced by a civil action for damages and by any other appropriate remedy at law or in equity. In the event that any lot owner or the Developer should employ counsel to enforce any of these Covenants, the costs incurred in such enforcement, including reasonable attorneys' fees, shall be paid by the owner of such lot or lots against whom such enforcement action is brought. 36. EFFECTIVE DATE. These Covenants shall become effective upon their recording in the office of the Recorder of St. Joseph County, Indiana. [remainder of page left blank — signatures on following pages]