Article 12 - General Provisions
Section 1. Amendments by the Declarant. During the Declarant Control Period, the Declarant may unilaterally record amendments to this Declaration in the Clerk's Office to effect (i) technical deletions, additions, and revisions to this Declaration which correct, clarify, or further the intent of this Declaration but which do not alter the substantive rights of the Owners or Mortgagees as a condition precedent to their approval of this Declaration, (ii) effect the annexation of additional property as provided in this Declaration, (iii) release from this Declaration and terminate this Declaration as to any portion of Eagle Landing which is not a Lot, Eagle Landing Community Area, or the Recreational Facilities; and (iv) make realignments of the boundaries of any part of the Eagle Landing Community Area which has not been conveyed to the Association .
Section 2. Term and Amendment. The covenants and restrictions of this Declaration shall run with and bind the land for a period of fifty (50) years from the recordation of this Declaration in the Clerk's Office after which the term of this Declaration shall be automatically extended for successive periods of ten (10) years, unless an approved instrument terminating this Declaration is recorded in the Clerk's Office. This Declaration may be amended or terminated at any time by an instrument approved by more than two-thirds (2/3) of the votes entitled to be cast by all of the members of the Association except in such instance as this Declaration itself prohibits such amendment or termination. Any amendment or termination of this Declaration to be effective must (i) be executed by the president of the Association and be attested by the secretary of the Association, (ii) have attached to it the sworn affidavit of the secretary of the Association stating that the amendment was approved by the requisite number of votes of the members of the Association, and (iii) be recorded in the Clerk's Office.
Section 3. Declarant's Rights.
(a) Any or all of the special rights and obligations of the Declarant may be transferred to other parties provided that the transfer shall not reduce an obligation nor enlarge a right beyond that contained herein, and provided further no such transfer shall be effective unless it is pursuant to a written instrument signed by the Declarant and duly recorded in the Clerk's Office. So long as Declarant continues to have rights under this paragraph, no party shall record any declaration of covenants, conditions, and restrictions, or declaration of condominium or similar instrument affecting any portion of Eagle Landing without Declarant's review and written consent thereto, and any attempted recordation without compliance herewith shall result in such declaration of covenants, conditions, and restrictions or declaration of condominium or similar instrument being void and of no force and effect unless subsequently approved by recorded consent signed by the Declarant. This section may not be amended without the express written consent of the Declarant provided, however, the rights contained in this Section shall terminate upon the earlier of (a) twenty-five (25) years from the date this Declaration is recorded, or (b) upon recording by Declarant of a written statement by which the Declarant terminates its rights hereunder.
(b) Declarant may designate a successor declarant or declarants to take and hold some or all of its respective rights, power, privileges, and obligations as Declarant under this Declaration by written instrument recorded in the Clerk's Office. The Association and the Owners shall not enjoy any of the rights, powers, privileges, or obligations of the Declarant unless specifically granted or assigned by this Declaration or by written instrument executed by the Declarant and recorded in the Clerk's Office. The "Declarant's Utility Rights" shall continue to remain vested exclusively in the Declarant even after such time as the Declarant has conveyed some or all of its other rights, title, and interest in and to the Lots and all other portions of the property unless specifically assigned or conveyed as provided herein.
Section 4. Exclusive Use of the name "Eagle Landing". The Declarant is the sole and exclusive owner of and shall have the sole and exclusive right to use the name "Eagle Landing" within, on, or about and with respect to the property, ventures, trade, and housing within, conducted within, and about or located on any of the property within Eagle Landing. No party shall use the name "Eagle Landing" in connection with any business, neighborhood, or organization nor shall the name "Eagle Landing" be placed on or incorporated in any sign or other visible medium without the prior written consent of the Declarant which consent may be withheld by the Declarant in its sole discretion.
Section 5. Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall not affect any other provisions which shall remain in full force and effect.
Section 6. Interpretation. Notwithstanding anything contained herein to the contrary, all the provisions of these covenants shall be subject to and conform with the applicable provisions of the Zoning Ordinances and subdivision approval for Eagle Landing. The Declaration shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia. To the extent this Declaration contains provisions relating to elements of or property within Eagle Landing which are not presently a part of Eagle Landing, such provisions shall not be deemed applicable unless and until such time, if ever, that such elements or such property become a part of Eagle Landing by the annexation of such property or construction of such element, or both. However, all provisions which may initially be inapplicable but which become applicable have been applicable beginning on the date that this Declaration is recorded in the Clerk's Office within the same priority as all provisions of this Declaration which are initially applicable.