No. 2317 approving an amendment to the Declaration of Protective and Restrictive Covenants of the Blackthorn Corporate Center and Blackthorn Center Development Guidelines

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• ARTICLE 111 DEVELOPMENT RESTRICTIONS 3.1 Subdivision. No Lot shall be subdivided and no Lot's size, dimensions or boundaries shall be modified, changed or altered, whether by conveyance, lease, dedication, foreclosure proceedings, forfeiture or any other means, except as approved in Section 3.5 below. 3.2 Improvements to a Lot. No Improvements shall be made to any Lot without the prior approval of the Committee in accordance with the requirements of Article V below. 3.3 Use of Lots. Each owner shall use its Lot for only such purpose of purposes which are approved by the Committee and/or the Commission in accordance with the requirements of Article IV below. All uses of a Lot and all Improvements to a Lot shall be in compliance with all local, state and federal laws, ordinances, statues and other governmental regulations or approvals applicable to the Lot or the Owner. 3.4 Rezoning and Variances. No Owner shall request or seek, in any manner, a rezoning of its Lot or a variance from or special exception to any applicable zoning ordinances, except as provided in Section 3.5 below. 3.5 Exceptions to Section 3.1 or 3.4 Restrictions. An Owner may submit to the Commission, or the Board when the Declarant owns less than five percent (5%) of Blackthorn, a request to subdivide the Owner's Lot or otherwise modify, change or alter the Owner's Lot size, dimensions or boundaries or to seek the rezoning of the Owner's Lot or a variance from or special exception to any zoning requirements for the Owner's Lot. Any such request shall be in writing and delivered to (a) the Commission, so long as the declarant owns at least five percent (5%) of the land area in Blackthorn, or (b) if the Declarant no longer owns at least five percent (5%) of the land area in Blackthorn, the Board with notification to the Commission a. If the request is made to the Commission, the Commission and the Board shall approve or reject such request within sixty (60) days of Commission's Receipt of the request. The Commission shall have the right in its sole and absolute discretion to accept or reject such request. Any such request shall be deemed rejected unless the Commission notifies the requesting Owner of approval within such sixty (60) day period. b. If the request is made of the Board, the Commission and the Board shall review the request and either acceptor reject the request in writing or submit the request to a vote at a special meeting of the members of the Association. The Board's action shall be taken within sixty (60) days of its receipt of the request. If the Board fails to take action within said sixty (60) day period, the request is deemed rejected. 5 Blackthorn Corporate Park Covenants and Restrictions 5130101