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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percent (5%) of Blackthorn. Thereafter, the Board shall appoint from time to time, but at least once very three (3) years, two (2) individual representatives of the Association to serve on the Committee. The Commission shall reserve the right to appoint one (1) individual representative of the Commission to serve on the Committee until such time the Commission relinquishes such rights in writing. The individual Committee members do not have to be members of the Association. 5.2 Necessity of Architectural and Site Plan Review and Approvals. No Improvements, of any kind, shall be commenced, constructed, erected, placed, altered, maintained, or suffered upon any Blackthorn Lot, nor shall any addition, change, or alteration thereon or thereof be made without the prior approval of the Committee. The Committee shall review proposed plans and specifications for compliance with the Covenants and Guidelines and shall use its discretion to insure that all Improvements harmonize with other existing or proposed Improvements to Blackthorn with respect to external design, color scheme, shape, height, type of materials, quality of workmanship, location, topography, finish grade elevation, preservation of views, natural resource conservation, circulation patterns, vehicular access, pedestrian circulation, parking, landscaping and easements so that development will further the purposes of Article II hereof. From time to time, the Committee may recommend amendments to the Guidelines to the Commission. The Commission must act within thirty (30) days of receiving the recommendation. The Committee shall report to the Association any amendments made to the Guidelines. 5.3 Right to Disapprove Similar Plans. Declarant hereby acknowledges that the Committee, in the exercise of the reasonable judgment of the members thereof may from time to time approve plans and specifications for an Improvement which, after completion, produces an effect and/or gives the appearance which, in retrospect, is determined to be inconsistent with the intention of Article II hereof. Therefore, Declarant hereby declares that the construction of an Improvement pursuant to plans and specifications approved by the Committee shall not be deemed to create any right whatsoever on the part of any party to demand or require, either by legal proceedings or otherwise, that the Committee approve plans and specifications which are either identical to or substantially the same as plans and specifications previously approved by the Committee for other Improvements, and the Declarant and the Committee hereby reserves the right to disapprove subsequently presented plans and specifications similar or identical to those previously approved. 5.4 Application for Approval. The Application for Approval is a two step process Step 1.The Applicant shall submit a conceptual analysis of the proposed development to the Committee for preliminary review. This shall include: building elevation, types of materials, and a site plan. Step 2. Plans and specifications and an application requesting approval thereof 9 Blackthorn Corporate Park Covenants and Restrictions 5/30/01