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transferees thereof. Furthermore, each such person fully understands and acknowledges that this Declaration shall be mutually beneficial, prohibitive and enforceable by the various subsequent and future owners.
IN WITNESS WHEREOF, the undersigned, being the Declarant and Association herein, have hereunto set their hands and seals.
RAYMOND C. HAWKINS CONSTRUCTION CO., INC., a Virginia corporation, successor in interest by merger to RCH LAND SALES, INC., a Virginia corporation
By: [Signature] (SEAL)
Its President
SHELTER LAKES, INC., a Virginia not-for-profit corporation
By: [Signature] (SEAL)
Its Vice President
Peter H. Luxhoj, Sole Acting Trustee (SEAL)
CENTRAL FIDELITY BANK, a Virginia banking corporation
By: [Signature] (SEAL)
Its Assistant Vice President
COMMONWEALTH OF VIRGINIA, At Large,
COUNTY OF FAUQUIER, to-wit:
I, Barbara R. Shepherd, a Notary Public in and for the said Commonwealth of Virginia, At Large, do hereby certify that this day personally appeared before me in said County, RAYMOND C. HAWKINS, President, of RAYMOND C. HAWKINS CONSTRUCTION CO., INC., a Virginia corporation, successor in interest by merger to RCH LAND SALES, INC., a Virginia corporation, whose name is signed to the foregoing Declaration of Covenants, Conditions, Restrictions and Reservations of Shelter Lakes, dated November 24, 1992, and acknowledged the same before me in said County, for and on behalf of said corporation, by due authority.
My commission expires: May 31, 1996
GIVEN under my hand and notarial seal this 30th day of November, 1992.
Notary Public as aforesaid
COMMONWEALTH OF VIRGINIA, At Large,
COUNTY OF FAUQUIER, to-wit:
I, Barbara R. Shepherd, a Notary Public in and for the said Commonwealth of Virginia, At Large, do hereby certify that this day personally appeared before me in said County, STEPHEN M. PRATT, Vice President, of SHELTER LAKES, INC., a Virginia not-for-profit corporation, whose name is signed to the foregoing Declaration of Covenants, Conditions, Restrictions and Reservations of Shelter Lakes, dated November 24, 1992, and acknowledged the same before me in said County, for and on behalf of said corporation, by due authority.
My commission expires: May 31, 1996
GIVEN under my hand and notarial seal this 30th day of November, 1992.
Notary Public as aforesaid
COMMONWEALTH OF VIRGINIA, AT LARGE,
COUNTY OF FAIRFAX, to-wit:
I, Kenneth J. Giangiulio, a Notary Public in and for the said Commonwealth of Virginia, at Large, do hereby certify that this day personally appeared before me in my said jurisdiction, PETER H. LUXHOJ, Sole Acting Trustee, whose name is signed to the foregoing Declaration of Covenants, Conditions, Restrictions and Reservations of Shelter Lakes, dated November 24, 1992, and acknowledged the same before me in my said jurisdiction.
My commission expires: December 31, 1993
GIVEN under my hand and notarial seal this 7th day of December, 1992.
Notary Public
COMMONWEALTH OF VIRGINIA, AT LARGE,
COUNTY OF FAIRFAX, to-wit:
I, Kenneth J. Giangiulio, a Notary Public in and for the said Commonwealth of Virginia, at Large, do hereby certify that this day personally appeared before me in my said jurisdiction, R. Scott Holtzapple, Assist. Vice President of CENTRAL FIDELITY BANK, a Virginia banking corporation, whose name is signed to the foregoing Declaration of Covenants, Conditions, Restrictions and Reservations of Shelter Lakes, dated November 24, 1992, and acknowledged the same before me in my said jurisdiction, for and on behalf of said corporation.
My commission expires: December 31, 1993
GIVEN under my hand and notarial seal this 7th day of December, 1992.
Notary Public
Schedule "A"
Shelter Lakes
Bonded Improvements Agreement
THIS AGREEMENT, dated this _____ day of __________, 19___, by and between ________________________, hereinafter referred to as "Owners", who have purchased land known as Lot _____, SHELTER LAKES Subdivision, Prince William County, Virginia, hereinafter referred to as "said Subdivision"; and RAYMOND C. HAWKINS CONSTRUCTION CO., INC., a Virginia corporation, Route 2, Box 985, Catlett, Virginia 22019, hereinafter referred to as the "Declarant".
WHEREAS, the Declarant has entered into certain agreements and placed public improvement letters of credit to guarantee the completion of the required public facilities within said Subdivision; and,
WHEREAS, the Declarant can not be released from such agreements and letters of credit until all required public improvements have been constructed, inspected and approved by the appropriate officials of Prince William County and the Virginia Department of Transportation ("VDOT" hereinafter); and,
WHEREAS, the Declarant has required that Owners post with Declarant a bonded improvements escrow to defray the cost, if any, of the damages to the bonded public improvements that may be caused by Owners by reason of, without limitation, damage to the street pavement, improper construction and/or location of driveway entrances and mailboxes.
NOW, THEREFORE, this Bonded Improvements Agreement.
W I T N E S S E T H:
that for and in consideration of the premises and the further sum of One Dollar ($1.00), cash in hand paid, receipt and sufficiency of which is hereby acknowledged, it is hereby covenanted and agreed by and between the parties hereto as follows:
- 1.Owners hereby tender the sum of Seven Hundred Fifty and No/100 Dollars ($750.00) per driveway entrance to Declarant as a bonded improvements escrow pending final acceptance of the bonded public improvements by the appropriate governmental authorities. Such funds shall be placed in an interest bearing escrow account at Central Fidelity Bank, Manassas, Virginia, with all other bonded improvement escrow funds.
- 2.At the time Declarant lays the final asphalt paving on the streets and completes the work necessary for final acceptance of the bonded public improvements, Declarant shall correct and fix the deficiencies, if any, in the driveway entrance(s) and mailbox of Owners and repair any other damage to the bonded public improvements attributable to Owners at the expense of the Owners.
- 3.If there are no deficiencies attributable to Owners, then the entire bonded improvements escrow, together with any and all accrued interest thereon, shall be returned to Owners upon receipt of the final acceptance of the improvements and release of the letter of credit by Prince William County to Declarant.
- 4.If there are deficiencies attributable to Owners in the opinion and best judgment of Declarant, then Declarant shall proceed to remedy the same utilizing the bonded improvements escrow of Owners. Upon completion of Declarant's repairs and/or replacement, Declarant shall furnish Owner a statement itemizing the costs. Owners' liability for the bonded improvements shall not exceed Seven Hundred Fifty and No/100 Dollars, plus the
accrued interest, per driveway entrance. At the time of final release, the remaining balance, if any, of the Owners in the escrow account shall be returned to them.
- 5.If Owners do not start construction of any improvements on their lot until after final acceptance of the bonded public improvements by the appropriate governmental authorities, then Owners shall not be required to pay any bonded improvements escrow as provided herein.
WITNESS our hands and seals this _____ day of __________, 19___.
Telephone No. OWNER(S): ________________________ (SEAL)
________________________ ________________________ (SEAL)
Receipt of ($__________) is hereby acknowledged by Raymond C. Hawkins Construction Co., Inc.
RAYMOND C. HAWKINS CONSTRUCTION CO., INC., a Virginia corporation
By: ________________________ (SEAL)
Schedule "B"
Shelter Lakes
Builder's Agreement
THIS AGREEMENT, dated this _____ day of __________, 19___, by and between ________________________, hereinafter referred to as "Owners", who have purchased land known as Lot _____, SHELTER LAKES Subdivision, Prince William County, Virginia, hereinafter referred to as "said Subdivision"; ________________________ of ________________________, hereinafter referred to as "Builder"; and, SHELTER LAKES, INC., hereinafter referred to as "the Association".
W I T N E S S E T H:
WHEREAS, a certain Declaration of Covenants, Conditions, Restrictions and Reservations of Shelter Lakes (hereinafter "Declaration") were recorded and bind said Subdivision, a part of which Subdivision Owners intend to use as a home site, pursuant to which they have engaged Builder to construct a structure; and,
WHEREAS, said Declaration provides certain controls to govern the character and quality of construction within the described Subdivision; and,
WHEREAS, the Architectural Approval Committee has the power under said Declaration to grant or deny permission to construct structures within said Subdivision.
NOW, THEREFORE, the Association, through its Architectural Approval Committee, does hereby grant permission for Owners and Builder to build a structure on the described real estate, and in consideration of such granting, the parties hereto do agree as follows:
- 1.
Approved Plans. The structure shall be constructed precisely in accordance with the plans and specifications described as:
Construction other than that shown on the plans and specifications approved hereunder is expressly forbidden. - 2. Culvert pipe(s). If necessary, Builder shall place a culvert pipe at the point where the driveway from the proposed home strikes the road providing access to the proposed building Lot, which culvert pipe shall be at least 20 feet long and 13 by 17 inches in diameter and shall be of reinforced concrete or corrugated metal. A culvert pipe shall be required for each driveway entrance onto a public street.
- 3. Driveway. Builder shall, prior to commencing any construction or bringing any materials which require transportation by truck onto the site, construct a driveway over the culvert pipe described in Paragraph Two above, for a distance of at least fifty (50) feet from the public road providing access to the Lot, and thereafter, during construction, shall maintain said driveway in such condition that it will not allow mud to be tracked from the described property onto the said public road. If mud is tracked onto said road, Builder shall, at the end of each day's construction, clean and remove the mud from said road. No later than the following day, Builder shall reconstruct said driveway so that mud is no longer deposited upon said road.
