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<br />200611167 <br /> <br />7 . APPROVAL BY ARCHITECTURAL CONTROL COMMITTEE. No building or <br />other structure shall be erected, constructed, placed, maintained or altered on any Lot in <br />this Subdivision until the building plans (including floor plans, external design, location <br />with respect to lot lines, topography and finished grade elevations), specifications and site <br />plan showing the location of such building, have been approved in writing by the <br />Architectural Control Committee. Three (3) sets of complete plans must be furnished, <br />two (2) of which will be retained in the office of the Declarant and one (1) will be <br />returned to the builder. The Committee's approval or disapproval, as required in this <br />Declaration shall be in writing. No structure of any kind which does not fully comply <br />with such approved plan shall be erected, constructed, placed or maintained upon any Lot, <br />and no changes or deviations in or from such plans as approved shall be made without the <br />Committee's prior written consent. In the event the committee, or its designated <br />representative, fails to approve or disapprove such design or location within thirty (30) <br />days after said plans and specifications have been submitted to them and ifno suit to <br />enjoin the erection of such building or the making of such alterations has been <br />commenced prior to completion thereof, such approval will not be required and this <br />covenant shall be deemed fully complied with. The plans must show floor plan, quality of <br />construction, materials, outside colors to be used and harmony of external design with <br />existing structures and location with respect to lot lines, topography and finish grade <br />elevations. In addition, the site plans must show placement of driveways. The <br />Architectural Control Committee's approval or disapproval of the plans shall be in <br />writing. No structure of any kind which does not fully comply with the approved plans <br />shall be erected, constructed, placed or maintained upon any lot and no changes or <br />deviations in or from such plans as approved shall be made without the Architectural <br />Control Committee's prior written consent. <br /> <br />8. LIABILITY OF DECLARANT AND COMMITTEE MEMBERS.. Neither <br />Declarant nor the Architectural Control Committee nor any member thereof nor any of <br />their respective heirs, personal representatives, SUCCeSSors or assigns, shall be liable to <br />anyone by reason of any mistake in judgment, negligence or non-feasance arising out of <br />or relating to the approval or disapproval or failure to approve any plans so submitted, nor <br />shall they, or any of them, be responsible or liable for any structural defects in such plans <br />or in any structure erected according to such plans or any drainage problems resulting <br />therefrom. Every person and entity which submits plans to the Committee agrees, by <br />submission of such plans, that the party making the submissions will not bring any action <br />or suit against the Committee, the Declarant or either of them to recover any damages or <br />require the Committee or its representative to take or refrain from taking any action. <br />Neither the submission of any complete set of plans to the Declarant or to the Committee <br />for review by the Committee, nor the approval thereof by the Committee, shall be deemed <br />to guarantee or require the actual construction of the building or structure therein <br />described, and no adjacent lot owner may claim any reliance upon the submission and/or <br />approval of any such plans or the buildings or structureS described therein. <br /> <br />9. COMMITTEE VACANCIES. In the event there is any vacancy created in the <br />Committee, Declarant, its successors and assigns, shall have the right to appoint another <br /> <br />5 <br />