RIVERBEND ARTICLES & BY-LAWS (drafted January 15, 2025) 1. Deed Restrictions / Restrictive Covenants (amended 1997 and 2007) 2. Plat 3. Plat Amendment (1953) 4. Architectural Guidelines 5. Regulation of Solar Panels - Roof Shingles - Flags - Flag Poles - Religious Items and Rain Barrels 6. Planning Committee By-Laws 7. Records Retention Policy 8. Books and Records Production Policy 9. Payment Policy Plan ________________ 1. Deed Restrictions / Restrictive Covenants (amended 1997 and 2007) STATE OF TEXAS § COUNTY OF HARRIS § KNOW ALL MEN BY THESE PRESENTS, that RIVERBEND, INC., a Texas corporation, with its principal place of business In Harris County, Texas, hereinafter called OWNER, has caused to be surveyed and platted a certain residential subdivision known as RIVERBEND ADDITION, as per plat filed for record in the Office of the County Clerk of Harris County, Texas, at 2:30 o'clock P.M., on December 19th, 1952, under File Number 1074216, and which plat and the record thereof are hereby incorporated herein for all purposes; and OWNER does here and now, subject only to the easement rights for public service utility purposes as hereinafter provided, dedicate to public use all and every streets, drives, ways, circles and public easements as shown on said plat. The land embraced within said RIVERBEND ADDITION as platted and subdivided as hereinabove referred to is situated in Harris County, Texas, and comprises 56.375 acres more or less, a part of Lot No. 2 of the John D. Taylor League, and is described by metes and bounds as follows: STARTING at the Southeast corner of that certain tract of land conveyed by E. A. Peden to Hugo V. Neuhaus by deed dated March 9, 1926, and of record in Vol. 650, page 97 of the Deed Records of Harris County, Texas; and run THENCE West with the South line of said Neuhaus tract 63.2 feet more or less to a point in the west line of Voss Road, and run THENCE North with the west line of Voss Road 0.85 feet to a point in a fence line for the beginning point of the 56.375 acre tract hereby described (said beginning point being one of the termini of the common boundary line between the 56.375 acre tract now being described and the H. W. Rasmussen 34.4 acre tract, now owned by Mrs. Wilma Hallson, as said common boundary line was established by boundary agreement dated 11th day of November, 1952, and executed by and between the Estate of Hugo V. Neuhaus, Deceased, et al, and said Wilma Hallson and husband, D. C. McKenzie Hallson); And from said beginning point as next above defined, run THENCE North 89° 0' West following said fence line and agreed boundary line 1083.8 feet more or less to a point in the center line of Buffalo Bayou; THENCE run down stream following the meanders of the center line of the said Buffalo Bayou to the point of intersection of said center line of Buffalo Bayou with the center line of a gully which flows into said Buffalo Bayou from the East, said gully being that certain gully which formed the most Northern southerly boundary of that certain 30.096 acre tract conveyed by Guiseppe Abbate et al to Hugo V. Neuhaus by deed dated March 30, 1937, of record in Vol. 1044, page 611 of the Harris County Deed Records; THENCE in an Easterly and Southeasterly direction with the upstream meanders of the center line of said gully to the point of intersection of the center line of said gully with the West line of that certain 5.5268 acre tract of land conveyed by Hugo V. Neuhaus, Jr., et al to Harris County by Deed dated March 8, 1949, of record in Vol. 2081, page 656, Harris County Deed Records; THENCE Southerly with the West line of said 5.5268 acre tract to the Place of Beginning, and comprising a substantial part of that certain property conveyed by E. A. Peden to Hugo V. Neuhaus by deed dated March 9, 1926, recorded in Vol. 650, page 97, Harris County Deed Records and a part of that certain tract conveyed by Guiseppe Abbate et al to Hugo V. Neuhaus by deed dated March 30, 1937, recorded in Vol. 1044, page 611 of the Harris County Deed Records. OWNER hereby subjects said lands so embraced within RIVERBEND ADDITION to the covenants, conditions, reservations and restrictions herein set forth, and said covenants, conditions, reservations and restrictions are here and now made effective for the benefit of RIVERBEND, INC., and each and every its successors in title; and no invalidity, abandonment or waiver of any such covenant, condition, reservation or restriction shall affect or impair the binding force and effect of any other such covenant, condition, reservation or restriction. No violation of any covenant, condition, reservation or restriction shall impair the rights of any mortgagee or trustee under any mortgage or deed of trust effective at the time of such violation; but any party acquiring title under any foreclosure shall take the property subject to each and every said covenants, conditions, reservations and restrictions. DEFINITIONS The word "plot" as used herein means a parcel of land to be used for single residence purposes and irrespective of whether consisting of one lot or more or less than one lot. "Out-building" as used herein means an enclosed covered structure not directly attached to the dwelling which it serves. "Street" as used herein includes each and every street, drive, way, and circle shown on said plat. A. ARC: The Architectural Review Committee established and empowered in accordance with Article III of the Modification. B. ASSOCIATION: Riverbend Planning Committee, Inc., a Texas non-profit corporation. C. BOARD: The Board of Directors of the Association D. LOT(S): Each of the lots shown on the Plat. E. OCCUPANT(S): Any Owner, lessee or tenant or other person in possession of a Lot. F. OWNER(S): Any person or persons, firm, corporation or other entity or any combination thereof that is the record owner of fee simple title to a Lot, including contract sellers, but excluding those having an interest merely as a security for the performance of an obligation. G. PASSENGER VEHICLE: Any vehicle which displays a passenger vehicle license plate issued by the State of Texas or which, if displaying a license plate issued by another state, would be eligible to obtain a passenger vehicle license plate from the State of Texas, a sport utility vehicle used as a family vehicle, even with truck license plate, and a Pick-Up Truck. H. PICK-UP TRUCK: A three-quarter (3/4) ton capacity or less truck with open storage bed which has not been adapted or modified for commercial use. I. PROPERTY: All of the Subdivision. J. DWELLING: The single family residence and appurtenances constructed on a Lot. [2007 Modification Article I] USE OF PROPERTY Subject only to the provisions herein contained with reference to the area marked "Reserve" on the above mentioned Plat, each and every lot and plot comprised within RIVERBEND ADDITION shall be used for single family residence purposes only; and no business, commercial or professional activity of any kind or character, and no condition which may be or become an annoyance or nuisance to the neighborhood shall be operated, conducted or permitted in RIVERBEND ADDITION; and no flat, duplex, apartment house or other building of any kind or character whatsoever shall be erected, maintained or used on any such lot or plot saving and excepting only a single family dwelling and such out-buildings as are customarily appurtenant to a private dwelling, and each such single family residence shall be a detached dwelling designed and used only for single family occupancy; provided only that until it shall have sold all of the lots in RIVERBEND ADDITION, RIVERBEND, INC., may maintain one field office in the Addition. Saving and excepting only, such sewage disposal plant and facilities, if any, as RIVERBEND, INC., may install for the purpose of serving RIVERBEND ADDITION, no privy, outside toilet, cesspool or sewage disposal unit or facility shall be permitted at any location within RIVERBEND ADDITION, and all sewage from the property must be disposed of through connection with the sanitary sewer system serving the ADDITION. No residence of a temporary character shall be erected or maintained on any lot. Each owner of each and every lot and/or plot shall maintain the lot or plot owned by him in neat and attractive appearance, and shall keep drainage ditches on his property reasonably unobstructed, and shall cut grass, vegetation and weeds on the frontage part of the lot or plot as is reasonably necessary to maintain said lot or plot in neat and attractive appearance; and if any such owner fails in any of these matters RIVERBEND, INC., or RIVERBEND PLANNING COMMITTEE if such Committee be then in existence, may correct the default, in which event the owner shall be obligated to reimburse the party acting its reasonable costs in the matter. The location, design and dimensions of all bridges and culverts must be approved before installation either by RIVERBEND, INC., or by RIVERBEND PLANNING COMMITTEE. No shack, basement, garage, trailer, tent, barn or other out-building erected or placed on any lot in RIVERBEND ADDITION shall ever be used as a residence either temporarily or permanently, saving and excepting only that living quarters of servants while actually and bona fide employed on the premises may comprise all or a part of an out-building or garage. No lot or plot in RIVERBEND ADDITION shall be conveyed, leased, rented or given to, and no building erected thereon shall be used, owned or occupied by any person not of the white or Caucasian race. This prohibition, however, shall not inhibit any occupancy or use by persons not of the white or Caucasian race while employed as servants on the premises. [1997 Modification] No sign, billboard or advertising structures of any kind shall be placed on any lot; provided, however, that any plot owner may install one (1) sign advertising the rental or sale of any particular plot, such sign in no event to exceed five (5) square feet in size; and provided further that RIVERBEND, INC., may during its lot sales program erect and maintain signs of larger size. No tank for storage of oil or other fluid may be maintained on any lot above the surface of the ground, except that RIVERBEND, INC., reserves for itself and its successors in interest the right to erect and maintain an elevated tank or tanks and other reasonable facilities for providing water service to the area. No fence, wall, hedge, pergola or ornamental structure shall be erected or maintained on any lot nearer to the street than the residence building situated on the particular plot, and no out-building or garage of any kind or character shall be higher than the main residence building located on the particular lot or plot. No animal or poultry of any kind shall be raised or permitted upon any lot, except that the keeping of dogs and cats as pets (but not for sale or board) shall be allowed. No trash, ashes or other refuse may be thrown or dumped on any lot. No radio or television aerial, pole or other framework, structure or device which extends more than five (5') feet above the upper-most roof line of the residence building on a particular lot or plot shall be erected at any location on said lot or plot or be attached to any improvement thereon; and no radio transmission device of any kind or character shall be installed in RIVERBEND ADDITION. No building material of any kind or character shall be placed or stored upon any lot until the owner thereof is ready to commence improvements and then the material shall be placed within the property lines of the plot upon which the improvements are to be erected, and shall not be placed in the streets or between the roadway and property line. LOT FRONTAGES AND LOCATION OF IMPROVEMENTS No detached garage shall be erected, maintained or used on either Lot 4, Lot 30, Lot 31, Lot 32, Lot 33, or Lot 34 of RIVERBEND ADDITION. No attached garage in RIVERBEND ADDITION shall open toward any street adjacent to the plot upon which such garage is located; and no attached garage shall be placed nearer to the front property line than the residence set-back distance for the particular lot as shown in the following schedule. Except as hereinafter expressly provided as to set-back lines where a plot embraces either more or less than one full lot, the residence building and all out-buildings to be erected on any lot or plot shall conform to the following schedule as to frontage, floor area and set-back distances: No. of Lot Direction in which residence building is to front Minimum ground floor sq. ft. area of residence Set back distance of residence building Set back distance of detached garage and out-buildings North South East West North South East West 1 Westerly 1500 10 25 30 25 5 25 30 100 2 Westerly 1500 10 10 30 25 5 5 30 100 3 Westerly 1500 15 10 30 25 5 5 30 100 4 Westerly 1500 15 15 30 25 12½ 30 25 5 Southerly 1750 15 30 15 100 5 5 6 Southeasterly 2000 15 25 15 15 5 5 100 5 7 Easterly 1500 10 10 25 5 5 75 8 Easterly 1500 10 10 25 5 5 100 9 Easterly 1500 10 10 25 5 5 75 10 Southeasterly 1500 10 25 25 5 25 75 11 Southerly 1750 10 25 10 10 5 75 5 5 12 Southwesterly 1750 10 25 10 25 5 75 5 25 13 Westerly 1750 10 10 10 25 5 5 5 75 14 Westerly 1750 10 10 10 25 10 5 5 100 15 Southwesterly 2000 25 15 15 100 15 15 16 Southeasterly 2000 25 15 15 100 15 15 17 Easterly 2000 15 15 25 5 5 100 18 Easterly 2000 15 15 25 5 5 75 19 Easterly 1750 12½ 12½ 25 5 5 75 20 Easterly 2000 12½ 12½ 25 5 5 75 21 Easterly 2000 12½ 12½ 25 5 5 75 22 Southeasterly 2000 10 25 25 10 5 75 75 5 23 Southerly 2000 25 12½ 12½ 100 5 5 24 Southerly 2000 25 12½ 12½ 100 5 5 25 Southerly 2000 25 12½ 12½ 100 5 5 26 Southerly 2000 25 12½ 12½ 100 5 5 27 Southerly 2000 25 12½ 12½ 100 5 5 28 Southeasterly 2000 25 15 15 100 5 5 29 Easterly 2000 10 10 25 5 5 75 30 Northeasterly 2000 10 10 25 10 20 12½ 12½ 31 Northerly 2000 25 10 10 50 12½ 12½ 32 Northerly 2000 20 12½ 12½ 50 15 15 33 Northerly 2000 20 15 15 50 15 15 34 Northerly 2000 20 10 10 20 10 10 35 Northerly 2000 25 10 10 75 5 5 36 Northeasterly 2000 25 10 25 10 100 5 100 5 37 Easterly 2000 10 10 25 5 5 100 38 Easterly 2000 10 10 25 5 5 100 39 Easterly 2000 10 25 25 5 75 75 5 40 Southerly 2000 15 25 5 5 41 Northeasterly 2000 15 25 5 75 42 Northwesterly 1750 20 15 15 100 15 43 Easterly 1750 10 10 25 75 10 100 44 Easterly 1500 25 10 10 10 100 5 5 45 Northeasterly 1500 25 10 25 10 75 5 25 46 Southwesterly 1750 10 25 25 10 5 100 100 5 47 Southwesterly 1750 15 15 10 25 5 5 10 100 48 Westerly 1750 10 10 10 25 5 5 100 49 Westerly 1750 10 10 10 25 5 5 100 50 Westerly 2000 12½ 12½ 25 5 5 100 51 Westerly 2000 12½ 12½ 25 5 5 100 52 Westerly 2000 12½ 12½ 25 5 5 100 53 Westerly 1750 10 10 25 5 5 100 54 Northwesterly 1750 25 10 10 25 75 5 5 75 55 Northerly 1750 25 10 100 5 5 56 Northeasterly 1750 25 10 25 75 5 75 5 57 Easterly 1750 10 10 25 5 5 100 58 Easterly 1750 10 10 25 5 5 100 59 Easterly 1750 10 10 25 5 5 100 60 Easterly 1750 10 10 25 5 5 100 61 Easterly 1750 10 10 25 5 5 100 62 Northeasterly 1750 10 25 25 10 5 100 75 5 63 Northwesterly 1750 10 25 30 25 5 25 30 100 64 Westerly 1750 12½ 12½ 30 25 5 5 30 100 65 Westerly 1750 12½ 12½ 30 25 5 5 30 100 66 Westerly 1750 12½ 12½ 30 25 5 5 30 100 67 Westerly 1750 25 10 30 25 75 5 30 100 Should any plot be created which comprises more or less than a full lot as shown on the plat of RIVERBEND ADDITION as hereinabove particularly referred to, said plot shall in all events have a frontage on each and every street on which the particular lot has a street frontage of either - 1. not less than eighty (80) feet, or – 2. such number of feet as Is not less than the frontage on the particular street of that one of the original RIVERBEND ADDITION lots contributing to said plot, and which original lot as per the Plat of RIVERBEND ADDITION has a lesser frontage on such street than any other original lot contributing to said plot, whichever is the smaller, and the residence building, garage and out-building set back distances as applicable to said plot shall respectively conform to the residence, garage and out-building set back distances as per the foregoing schedule are applicable to the lot which contributes the major portion of the street frontage of the particular plot. APPROVAL OF PLANS No building shall be erected, altered, placed or permitted to remain on any lot or plot until two copies of final plans, showing exterior specifications and plot plan have been approved in writing as to quality of materials and workmanship, harmony of exterior design with existing or proposed structures by either RIVERBEND, INC., or RIVERBEND PLANNING COMMITTEE; provided that if the approving authority fails to indicate its action in writing within thirty (30) days after any plot plan, building plan or specification shall have been submitted, then and in such event the submitted plan and/or specification shall be conclusively presumed to have been approved by such authority. Submissions of plans and specifications for approval shall be in writing, and until the RIVERBEND PLANNING COMMITTEE, hereinafter provided for, shall have been constituted, proposed plot plans and building plans and specifications shall be submitted to RIVERBEND, INC., and said company shall act in the matter of approval or disapproval through either its president, or any vice-president; but after said RIVERBEND PLANNING COMMITTEE is constituted said plans and specifications shall be submitted to such Committee which shall act in the matter through its duly authorized representative. If and when RIVERBEND PLANNING COMMITTEE is constituted, said committee shall have and is hereby given complete and final authority in the following matters: (a) The approval and disapproval of plot plans and building plans and specifications; (b) The levying, collecting and use of all annual upkeep charges as herein provided for; (c) The maintenance and operation of any water and/or sewer facilities which RIVERBEND, INC. may have theretofore installed, and the installation and operation of any such additional water and/or sewer facilities as said RIVERBEND PLANNING COMMITTEE shall deem proper, provided only that said Committee shall not have any jurisdiction over any water or sewer facilities after same shall have been taken over by or become subject to the control of- (1) any duly constituted Municipal authority having jurisdiction in the matter; or (2) any regularly organized public service corporation serving the area. RIVERBEND, INC., is expressly authorized at any and all times after as many as forty (40%) per cent of the residence lots comprised within RIVERBEND ADDITION have been sold and conveyed by it to arrange for the constitution of a Planning Committee to be know as RIVERBEND PLANNING COMMITTEE, and if said RIVERBEND PLANNING COMMITTEE shall not have been sooner constituted, it shall, upon notice and call of the owners of as many as ten (10) single family residence plots in RIVERBEND ADDITION, be constituted if and when as many as seventy-five (75%) per cent of the residence lots in RIVERBEND ADDITION have been sold and conveyed by RIVERBEND, INC. If and when the constitution of the RIVERBEND PLANNING COMMITTEE is due to be made, a meeting of the owners of residence plots in RIVERBEND ADDITION shall be called by parties owning ten (10) or more of such residence plots, and notice of said meeting shall be posted in two (2) places in RIVERBEND ADDITION and shall set forth the time and place of the meeting and state the purpose thereof. Plot owners shall be permitted to act either personally or through proxies appointed in writing, and plot owners represented either in person, or by proxy at the meeting so called shall have full authority to act in all matters which may be presented to said meeting, including, but without limitation, the determination of those qualified to participate in said meeting; and each plot owner represented at said meeting either in person or by proxy shall have one vote for each single family residence plot then owned by such owner. The RIVERBEND PLANNING COMMITTEE shall be comprised of not less than three (3) persons who shall be elected at the meeting. All members of the Committee shall serve without pay and without personal liability of any kind or character, and upon the death, resignation, refusal or inability of any member of the Committee to serve the remaining members of the Committee shall fill the vacancy pending further action by the lot owners, which further action may be had at any time upon notice conforming to the requirements for notice of the original meeting to constitute the Committee. If and when said RIVERBEND PLANNING COMMITTEE shall be organized it shall have the right to adopt, and from time to time to amend, such by-laws, rules and regulations as it shall consider proper for the orderly transaction of its business. It shall also have full power to elect such officers as it shall determine and give to and vest in such officers such authority and power as the Committee shall deem proper; provided, however, that each and every annual Up-Keep charge shall be made and the proceeds thereof expended only for the purposes as hereinafter expressly provided. EASEMENTS Permanent and unobstructed easements are hereby dedicated and reserved across certain designated portions of the several lots for the purpose of facilitating the construction, maintenance and operation of sanitary sewer, telephone, drainage, electric, gas and other public utility facilities and services, and which easements are shown on the recorded plat of RIVERBEND ADDITION as hereinabove referred to, and said easements shall be and are hereby made a burden and charge against the respective affected lots by whomsoever owned. Likewise, similar permanent and unobstructed aerial easements five (5') feet wide from a plane twenty (20') feet above the ground upward are hereby dedicated and reserved for public utility purposes over and above all easements next above referred to. A perpetual two (2') foot wide easement adjacent to the west boundary line of Voss Road is hereby designated and established off of the east ends of all lots and the RESERVE area, and no vehicular access to Voss Road of any kind or character shall ever be permitted or used over or across said easement; and RIVERBEND, INC., reserves to itself and to RIVERBEND PLANNING COMMITTEE, when said Committee is constituted, the right and option to erect and maintain a fence or wall on and along said easement, any said fence or wall to be of reasonable construction and in keeping with the usual practice in such matters. No building or other permanent structure shall be erected or maintained on any part of any easement area, but the owner of any lot or plot may erect and maintain a fence, wall or hedge along the property line within such easement subject at all times to the prior right of use of the easement area for all public and quasi-public purposes. REMOVAL OF SOIL MATERIAL No lot or plot owner or other party shall remove sand, clay, rock or any other soil material of any kind or character from any location in RIVERBEND ADDITION for use at any location outside of RIVERBEND ADDITION. FEE AND EASEMENT RIGHTS IN STREETS AND EASEMENT AREAS OWNER reserves for itself and its assigns the right to locate, construct, erect, maintain and operate within all street and easement areas, such sewer, water, gas, drainage and other pipe lines, conduits, poles, wires and other facilities for conducting or performing any public or quasi -public utility service as they in their election shall consider proper to serve the community, together with the right of ingress and egress at all times for the purpose of maintaining and operating each and every said facilities and keeping said areas in good and attractive condition. Neither RIVERBEND, INC., nor any utility company using the easements herein referred to, nor any employee of either of them, shall be liable for any damage to shrubbery, trees, flowers or other property of the owner situated on any such easement area. No sale or conveyance by RIVERBEND, INC., of any lot or parcel of land in RIVERBEND ADDITION shall operate or be effective to convey title to any water line, gas line, sewer line, storm sewer, electric line, telegraph line, telephone line, pole, conduit or other utility or appurtenance theretofore constructed by RIVERBEND, INC., its agents or assigns, through, along or upon said premises or any part thereof for the purpose of serving said property or any other portion of said subdivision; and the right to maintain, repair, sell and/or in any other way deal with or dispose of such facilities and equipment is hereby expressly reserved by RIVERBEND, INC. RIVERBEND, INC., by appropriate instrument, may assign or convey to any person, organization or corporation any or all of RIVERBEND, INC.'s rights, reservations, easements and privileges as herein reserved by it, and upon such assignment or conveyance being made, the assigns or grantees may exercise, transfer and/or assign such rights, reservations, easements and privileges, or any one or more of them, at any time and from time to time, in the same way and manner as RIVERBEND, INC., is now authorized to do; provided, however, that in no event shall any rights pertaining to public service facilities ever be assigned to any one whomsoever saving and excepting only either to the RIVERBEND PLANNING COMMITTEE or to a Texas corporation authorized to conduct the particular utility rights to conduct which are assigned to it, or to a municipal corporation having jurisdiction in the area in which the particular rights are to be enjoyed. ________________ CONCERNING ENFORCEMENT AND WAIVER OF RIGHTS, MINOR CHANGES IN RESTRICTIONS AND ABANDONMENT OF EASEMENT RIGHTS The covenants, conditions, reservations and restrictions herein set forth shall run with the land and bind RIVERBEND, INC., its successors and assigns; and all parties claiming by, through or under RIVERBEND, INC., shall acquire rights in all things subject thereto and shall be held to have agreed and covenanted with RIVERBEND, INC., its successors and assigns, and with each of them, to conform to and observe said covenants, conditions, reservations and restrictions as to the use of said lots and the construction of improvements thereon; but no covenant, condition, reservation or restriction herein set forth shall be personally binding on any party except in respect to breaches committed during such party's claim of the title to property affected hereby; and the owner or owners of any part of the above described land shall have the right, in addition to ordinary legal action for damages, to sue for and obtain injunction, prohibitive or mandatory, to prevent the breach, or to enforce the observance, of the covenants, conditions, reservations and restrictions above set forth. Failure of RIVERBEND, INC., or any other parry to enforce any of said covenants, conditions, reservations or restrictions at the time of any particular violation shall, in no event, constitute a waiver of the right to do so thereafter. For itself and also for RIVERBEND PLANNING COMMITTEE, after said Planning Committee shall have been constituted, RIVERBEND, INC., reserves the right at any time and from time to time- (a) to make minor changes in and additions to easement areas; (b) to abandon any one or more easement areas if such abandonment shall be deemed proper; and (c) to make minor changes in restrictions. Violation of any restriction, condition, reservation or covenant as herein set forth shall give RIVERBEND, INC., the right to enter upon the property where such violation exists and summarily abate or remove the same at the expense of the owner of the property on which the violation exists, and such entry, abatement or removal shall not constitute a trespass. The violation of any restriction, condition, covenant or reservation shall not operate to invalidate any mortgage, deed of trust or other lien acquired and held in good faith, but such liens may be enforced as against any or all property covered thereby, provided only that any purchaser at foreclosure sale shall acquire rights in the property subject to all applicable reservations, restrictions, conditions and covenants as herein provided. RESERVE In view of the fact that at the time of the execution hereof it has not been determined whether or not RIVERBEND, INC., will find it in order to dig a water well and/or install any sewerage disposal facilities to serve RIVERBEND ADDITION, the area marked RESERVE on the plat hereinabove referred to has not been subdivided into lots; and RIVERBEND, INC., expressly reserves the right to use all or any part of such RESERVE as to it shall seem proper for the installation of water and/or sewer facilities to serve the community; and should it develop that RIVERBEND, INC., does not find it in order to utilize all of said RESERVE for said purposes, then and in such event RIVERBEND, INC., shall have the right to subdivide said RESERVE or the unused part thereof into single family residence lots or plots, provided that in no event shall more than three such single family lots or plots be carved out of said RESERVE: and provided further that RIVERBEND, INC., also reserves the right to designate for playground and/or park use by the residents of RIVERBEND ADDITION such part of said RESERVE as it in its sole discretion shall deem proper to be designated for such purposes. Saving and excepting only as to the uses hereinabove expressly authorized, no part of said RESERVE shall be used for other than single family residence purposes, and all restrictions, conditions, covenants and reservations herein provided are made expressly applicable thereto; provided only that if any part of said RESERVE shall be constituted a single family residence lot or plot RIVERBEND, INC., in designating said lot or plot shall also designate the respective set back distances for residence building, garage and out-buildings to be erected on said lots or plots. CONCERNING WATER AND SEWER FACILITIES While it is contemplated that one or more public service and/or municipal corporations may be organized in the near future to have jurisdiction of the installation, maintenance and operation of water and/or sewer facilities to serve RIVERBEND ADDITION and other adjoining properties, it is nevertheless provided that pending such organizations RIVERBEND, INC., may find it in order to install, maintain and/or operate such water and/or sewer facilities, and subject to the express provisions hereinafter contained, and in accordance with the terms hereinafter set forth, RIVERBEND, INC., reserves to itself and to its successors the right to install, maintain and operate either or both of said facilities. If any such facility or facilities are installed by RIVERBEND, INC., RIVERBEND, INC., shall bear the cost and expense thereof and such facilities shall be owned by RIVERBEND, INC., and it shall have the right at any time thereafter to transfer said facilities either to RIVERBEND PLANNING COMMITTEE when same shall be constituted, or to municipal and/or public service corporation or corporations; and if any such facility is transferred to RIVERBEND PLANNING COMMITTEE, said Committee in turn may transfer same to municipal and/or public service corporation or corporations. If any such facility shall be so transferred to RIVERBEND PLANNING COMMITTEE such transfer shall expressly limit the rights of the Committee to the use and enjoyment of the facility free from rental or any other charge, and should any compensation ever be paid for any such facility by any municipal or public service corporation, such compensation shall be and belong to RIVERBEND, INC., and/or its assigns. After any such facility has been transferred to a municipal or public service corporation, said corporation in its maintenance and operation of the facility shall have all rights proper to be exercised by such corporation in connection with the maintenance and operation of such facility; but pending the transfer of the facility to such a corporation the operator of the facility (RIVERBEND, INC., OR RIVERBEND PLANNING COMMITTEE, as the case may be) shall have the right to levy and collect monthly service charges sufficient in its judgment to provide for all maintenance and operation expenses incident to the particular facility; sewer service charge to be made on a uniform monthly charge basis for each single residence lot connected with and served by the facility, and the water service charge to be on a minimum uniform monthly charge basis for each single residence lot connected with and served by the facility plus a gallonage charge to cover water in excess of that covered by the minimum charge. In all cases the operator of the facility shall have all rights and remedies to protect such operator in the payment of service charges to the same extent as are enjoyed by a public service corporation for such purposes. CONCERNING ANNUAL SUBDIVISION UP-KEEP CHARGES OWNER reserves the right for itself, and also for RIVERBEND PLANNING COMMITTEE if and when said Committee is constituted, to levy an annual Riverbend Up-Keep Charge against each single family residence plot in RIVERBEND ADDITION. The amount of the Up-Keep charge for any calendar year shall be fixed by the levying authority, and shall be levied against all residence plots in RIVERBEND ADDITON on a fixed and uniform dollar basis against each such plot; provided, however, that no such annual levy against any particular plot shall ever exceed $75.00; provided, however, that if RIVERBEND PLANNING COMMITTEE shall have been constituted, it shall have the right from time to time, but shall not be required, upon the prior written approval of the then owners of not less than seventy-five (75%) fifty (50%) percent plus one [1997 Modification] of the single family residence plots in RIVERBEND ADDITION to increase the annual Up-Keep Charge to such figure in excess of $75.00 as said lot owners shall so approve; and provided further that if any single residence plot at the time of a particular levy has been constituted out of all or portions of any two or more lots in RIVERBEND ADDITION as said lots are shown on the hereinabove referred to Plat of said Addition, then said annual Up­ Keep charge for the particular calendar year shall be determined by adding to the fixed and uniform dollar charge then being levied that part of said fixed and uniform dollar charge as is represented by a fraction having as its numerator the lineal feet frontage of said particular plot exclusive of that part of such lineal feet frontage as constitutes frontage of the lot which contributes the major part of said plot, and the denominator of which is the lineal feet frontage of all lots contributing to said particular plot, exclusive of that part of said frontage which constitutes frontage of the lot contributing the major part of the frontage of the entire plot. The annual Riverbend Up-Keep charge for any particular calendar year shall be made by written notice stating the fixed and uniform dollar charge so levied, said notice to be posted on or before February 15th of the year for which the charge is made in at least two public places in RIVERBEND ADDITION, and payment of said charge shall be due to be made on or before the 1st day of April, next ensuing, and shall bear interest from due date until paid at the rate of six (6%) per cent per annum, provided that the levying authority may waive interest if such waiver is deemed proper. In addition to being personally liable for the up-keep charge and interest thereon, the owner of each plot in Riverbend Addition is personally liable for costs and attorneys fees incurred in the collection of the up-keep charge, including the creation, enforcement, foreclosure or release of any lien filed by Riverbend Planning Committee. [1997 Modification] If and when an annual Subdivision Up-Keep charge shall be made as hereinabove provided, each plot in RIVERBEND ADDITION shall be and become subject to a lien to secure the payment of the charge applicable to such particular plot. Foreclosure of such lien shall be had in accordance with the laws pertaining to foreclosure of mortgages on real estate; provided, however, that if foreclosure proceedings on account of any particular annual charge are not commenced within four (4) years from the due date of such charge the lien securing same shall immediately and ipso facto become void and of no further force and effect; and provided further that the lien attaching to any particular plot to secure any such annual Up-Keep charge shall be in all things subordinate and inferior to any other valid and legally enforceable lien then attaching to such particular plot. Collections on account of any annual Up-Keep charge shall be used for the benefit of RIVERBEND ADDITION, and for only the following purposes: - 1. Collection and disposal of garbage, ashes, and other rubbish; 2. Maintaining street signs; 3. Maintaining, lighting, improving and beautifying streets, easements and other public areas; 4. Employing policement and watchmen; 5. Installing and maintaining tennis courts, playgrounds, parks, drinking fountains, swimming pool and other ornamental and community features in any public street or park or on any land set aside for the general use of either the public or all lot owners in RIVERBEND ADDITION. 6. Caring for vacant lots and for such other general purposes as the levying authority may deem in the interest and for the welfare of said RIVERBEND ADDITION as a whole. The levying authority is hereby authorized to determine the extent to which said charges shall be used for the respective purposes above stated, but in making allotments of funds they shall keep in mind the general welfare of the community. Collections on account of annual Up-Keep charges shall be placed and kept in a separate and special account to be known as RIVERBEND MAINTENANCE FUND, and the levying authority will open up, keep and maintain a complete and detailed record of all levies and collections and showing particularly each and every levy and collection as to each particular plot and these records shall at reasonable times be open to examination by RIVERBEND plot owners. If and when RIVERBEND PLANNING COMMITTEE shall be constituted as herein provided, RIVERBEND, INC., shall transfer and assign to said Committee all authority in connection with all matters pertaining to annual Up-Keep charges, and said Committee shall thereafter have and enjoy all rights theretofore proper to be exercised by RIVERBEND, INC., in connection with such matters and the collection and expenditure of the funds pertaining thereto. For all purposes pertaining to annual Up-Keep charges the work "plot" denotes:- (1) Each full lot as shown on the subdivision plat and held at the applicable time under one common ownership; and (2) Each parcel of land held at the applicable time as an integrated property under one ownership and irrespective of whether embracing either more or less than one lot. It is expressly provided that if at any time any plot theretofore subject to annual Up-Keep charge shall come within the limits of any incorporated town or city or shall be taken into the corporate limits of any incorporated town or city, then and in any such event the right to levy subsequent Up-Keep charges as against such plot may be terminated either by RIVERBEND, INC., if RIVERBEND PLANNING COMMITTEE has not been constituted, or by such Committee if it has then been constituted; and should said rights be so terminated any then unexpended funds theretofore collected hereunder from the owner of such particular plot in the nature of annual Up-Keep charges shall be promptly refunded to the then owner of said plot. DURATION The covenants and restrictions herein provided shall run with the land and shall be binding upon all owners of lots in RIVERBEND ADDITION, and all persons claiming under them for a period of twenty-five (25) years, from the date that this instrument is filed for record in Harris County, Texas, at which time the said covenants and restrictions shall be automatically extended for successive periods of ten (10) years each unless prior to the beginning of the particular ten­year period by vote of the majority of the owners of the lots in RIVERBEND ADDITION on the basis of one (1) vote for each single family residence lot or plot owned, it is voted to alter, rescind, or modify the same, in whole or in part. Any such alteration, rescission or modification shall be evidenced by an instrument filed for record in the office of the County Clerk of Harris County, Texas, whereupon same shall immediately and ipso facto be and become binding upon all property owners in RIVERBEND ADDITION. Any alteration or modification of the restrictions is effective immediately upon recording and is not deferred to the commencement of the next ten (10) year renewal period. [2007 Modification 4.8] IN TESTIMONY WHEREOF witness the signature and seal of RIVERBEND, INC., at Houston, Texas, this the 29th day of December, A. D., 1952. RIVERBEND, INC., By /s/ George N. Allen President ________________ ATTEST: /s/ J. C. Pollard Secretary THE STATE OF TEXAS COUNTY OF HARRIS BEFORE ME, the undersigned authority, on this day personally appeared George N. Allen known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, in the capacity therein stated, and as the act and deed of RIVERBEND, INC. GIVEN under my hand and seal of office this the 29th day of December, A.D., 1952. /s/ Harry Platzer NOTARY PUBLIC in and for Harris County, Texas. In accordance with the irrevocable direction and authorization of Hugo V. Neuhaus, Jr., Executor of the Estate of Hugo V. Neuhaus, Deceased, and also Individually, Kate Rice Neuhaus, a feme sole, Joseph R. Neuhaus, Philip R. Neuhaus and James Harrison Neuhaus, all of Harris County, Texas, and Katherine N. Munson and husband, Townsend Munson, of Bryn Mawr, Pennsylvania, as contained in their certain deed to RIVERBEND, INC., and which deed bears date November 21, 1952, and was filed for record in the Office of the County Clerk of Harris County, Texas, on November 25, 1952, under File Number 1065805, FIRST NATIONAL BANK IN HOUSTON, TRUSTEE, both in its capacity as Trustee and for and on behalf of the above named Granters to Riverbend, Inc., and all holders of that certain $144,807.50 vendor's lien note as described in said above referred to deed, approves the subdivision and platting of RIVERBEND ADDITION and the covenants, conditions and restrictions promulgated with reference thereto as particularly set forth and provided in the foregoing instrument executed by RIVERBEND, INC., under date December 29, 1952. IN TESTIMONY WHEREOF witness our signature and seal this the 30th day of December A.D., 1952. FIRST NATIONAL BANK IN HOUSTON, TRUSTEE, By /s/ L. H. Thomas Vice-President ________________ ATTEST: /s/ J. H. Wiese Asst. Cashier THE STATE OF TEXAS COUNTY OF HARRIS BEFORE ME, the undersigned authority, on this day personally appeared L. H. Thomas, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, and in the capacity therein stated, and as the act and deed of FIRST NATIONAL BANK IN HOUSTON, TRUSTEE. GIVEN under my hand and seal of office this the 30th day of December, A.D., 1952. /s/ W. S. Rapp, Jr. NOTARY PUBLIC in and for Harris County, Texas. In accordance with the irrevocable direction and authorization of Hugo V. Neuhaus, Jr., Executor of the Estate of Hugo V. Neuhaus, Deceased, and also Individually, Kate Rice Neuhaus, a feme sole, Joseph R. Neuhaus, Philip R. Neuhaus and James Harrison Neuhaus, all of Harris County, Texas, and Katherine N. Munson and husband, Townsend Munson, of Bryn Mawr, Pennsylvania, as contained in their certain deed to RIVERBEND, INC., and which deed bears date November 21, 1952, and was filed for record in the Office of the County Clerk of Harris County, Texas, on November 25, 1952, under File Number 1065805, THE SECOND NATIONAL BANK OF HOUSTON, TRUSTEE, both in its capacity as Trust and for and on behalf of the above named Grantors to RIVERBEND, INC., and all holders of those six (6) second and subordinate vendor's lien notes as described in said above referred to deed, approves the subdivision and platting of RIVERBEND ADDITION and the covenants, conditions and restrictions promulgated with reference thereto as particularly set forth and provided in the foregoing instrument executed by RIVERBEND, INC., under date December 29, 1952. IN TESTIMONY WHEREOF witness our signature and seal this the 31st day of December, A. D., 1952. THE SECOND NATIONAL BANK OF HOUSTON TRUSTEE, By /s/ Homer E. Henderson Vice-President ________________ ATTEST: /s/ B. R. Smith. Jr Cashier COUNTY OF HARRIS BEFORE ME, the undersigned authority, on this day personally appeared Homer E. Henderson, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, and in the capacity therein stated, and as the act and deed of THE SECOND NATIONAL BANK OF HOUSTON, TRUSTEE. GIVEN under my hand and seal of office this the 31st day of December, A.D., 1952 /s/ A. R. Stewart NOTARY PUBLIC in and for Harris County, Texas ________________ [1997 Modification] RIVERBEND PLANNING COMMITTEE, A PROPERTY OWNERS ASSOCIATION WITH JURISDICTION OVER RIVERBEND ADDITION, HARRIS COUNTY, TEXAS, REPRESENTS THAT THE MODIFICATION HAS BEEN APPROVED IN ACCORDANCE WITH THE RESTRICTIONS FOR THE PURPOSES OF MODIFYING THE RESTRICTIONS AND EXECUTES THIS MODIFICATION TO FACILITATE ITS RECORDING IN THE PUBLIC RECORDS OF HARRIS COUNTY, TEXAS. Riverbend Planning Committee By: Brady F. Carruth Printed name: Brady F. Carruth Title: Vice President STATE OF TEXAS § § COUNTY OF HARRIS § This instrument was acknowledged before me on 10/22, 1997, by Brady F. Carruth, the Vice President of Riverbend Planning Committee, a Texas Non-Profit Corporation, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purpose and consideration therein expressed and as the act of said Corporation AFTER RECORDING PLEASE RETURN TO: Fred Gebhardt Riverbend Planning Committee 7611 River Point Drive Houston, TX 77063 Close-up of a white envelope with a stamp and a seal Description automatically generated ________________ [2007 Modification] MODIFICATION TO RESTRICTIVE COVENANTS RIVERBEND ADDITION This Modification to Restrictive Covenants (the "Modification") shall modify and amend the Restrictive Covenants for Riverbend Addition, Harris County, Texas, as provided below: Subdivision Affected: Riverbend Addition, Houston, Harris County, Texas, according to the Map or Plat (the “Plat") filed of record at Volume 43, Page 21 of t0he Map Records of Harris County, Texas (the "Subdivision”). Restrictions Modified: Restrictions recorded on January 2, 1953 ("1953 Restrictions"), executed by Riverbend, Inc., a Texas corporation, filed of record at Volume 2542, Page 63 of the Deed Records of Harris County, Texas, amended by instrument filed on November 13, 1997 ("1997 Restrictions") under Clerk's File No. S729511 of the Real Property Records of Harris County, Texas (collectively, the "Restrictions". Procedure to Modify Restrictions: Owners of a majority of lots in the Subdivision may modify the Restrictions by written instrument recorded in the Official Public Records of Harris County, Texas, if the instrument is executed and filed prior to January 2, 2008, in order to be effective when the Modification is recorded. Purpose of Modification: To establish such additional architectural controls and performance standards as are necessary and desirable to keep the community attractive for the enjoyment of residents and for the protection of property and property values. Texas Property Code: This Modification is made pursuant to the provisions of the Restrictions, not the provisions of the Texas Property Code. The Restrictions are hereby RATIFIED, CONFIRMED AND READOPTED as a part of this Modification, provided that the Restrictions are modified by the additions, deletions and modifications set forth below. The owners of property in the Subdivision acknowledge Riverbend Planning Committee, Inc., a Texas nonprofit corporation, is the successor to Riverbend, Inc., declarant under the Restrictions, and has all authority of Riverbend, Inc. to enforce the Restrictions. Riverbend Planning Committee, Inc. is a Property Owners Association with all power granted in Texas Property Code Chapter 204. All references to section, title and restriction numbers as well as headings are to those in the Restrictions. The Restrictions are modified by adding the following provisions: ARTICLE II General Provisions Relating to Use and Occupancy Section 2.1 VEHICLE RESTRICTIONS. Parking, keeping or storing vehicles are limited as follows: i) All vehicles shall be kept only on an improved parking surface approved by the ARC (i.e., not on any landscaped surface). Concrete is an approved parking surface. ii) Non-functional vehicles may not be parked anywhere visible from a street for longer than forty-eight (48) consecutive hours. Any vehicle with expired inspection sticker or license, or in obvious disrepair or process of restoration or repair, or which does not readily start is presumed to be non-functional. iii) To the extent adequate driveway space exists on a Lot as determined by the ARC, vehicles parked for longer than forty-eight (48) consecutive hours shall be kept behind the front setback line (i.e., out of the front yard area) to provide a more attractive neighborhood appearance. iv) Vehicles owned by Occupants shall not be parked on any street in the Subdivision for longer than forty-eight (48) consecutive hours. Guests may park on any street in the Subdivision for up to seven (7) consecutive days, but thereafter shall park in the driveway of the host. v) Vehicles other than Passenger Vehicles and Pick Up Trucks may be parked on Lots or in streets in the Subdivision no longer than forty eight (48) consecutive hours, unless kept behind the front setback line. vi) Trailers, recreational vehicles ("RVs") or boats shall be parked behind the front setback line, and screened from view from the street, including keeping them within a garage or carport and/or behind an opaque gate and/or fence, or as otherwise approved by the ARC. Section 2.2 CONSTRUCTION AND MATERIALS. 1. Antennas. Satellite dish antennas which are forty inches (40”) or smaller in diameter and antennas designed to receive television broadcast signals may be installed, provided they are installed in conformance with the Architectural Guidelines for Riverbend Addition adopted by the ARC. All other antennas are prohibited. 2. Exterior Finish. The exterior of the Dwelling on each Lot must be comprised of at least fifty-one percent (51%) brick, stucco (but not including stucco substitutes like DRYVET) or masonry material. All brick, stonework and mortar must be approved by the ARC as to type, size, color and application. Concrete steps, stoops or porches must be finished in tile, brick or stone, unless otherwise approved by the ARC. No concrete, concrete block or cinder block shall be used as an exposed building surface. Any concrete, concrete block or cinder block utilized in the construction of a Dwelling or for retaining walls and foundations shall be finished in the same materials utilized for the remainder of the Dwelling. Metal flashing, valleys, vents and gutters installed on a Dwelling shall blend or be painted to blend with the color of the exterior materials to which they are adhered or attached. 3. Exterior Lighting. All exterior lighting for new home construction or major renovations on a Lot must be approved by the ARC with the intent to prevent excessive light pollution, spillover lighting and light sources visible from outside the Lot. 4. Roofing. The ARC shall have the right to establish specific requirements for the type of roofing materials which may be utilized for any Dwelling. No solar or other energy collection panel, equipment or device shall be installed or maintained on any Lot or Dwelling, including, without limitation, the roof of any Dwelling, if visible from any street other than Voss Road. No plumbing or heating vents, stacks and other projections, of any nature shall be placed on the roof on the front of any Dwelling constructed after the effective date of these Restrictions. All such vents, stacks and other projections from the roof of any new Dwelling shall be located on the rear roof of such Dwelling and shall be painted the same color as the roofing material. 5. Window Treatment and Doors. Reflective glass shall not be permitted on the exterior of any Dwelling. No foil or other reflective materials shall be installed on any windows or used for sunscreens, blinds, shades or other purposes except as approved in writing by the ARC. Burglar bars or doors shall not be permitted on the exterior of any windows or doors if visible from the street in front of the Lot. Screen doors shall not be used on the front of any Dwelling. No aluminum or metal doors with glass fronts (e.g., storm doors) shall be allowed on the front of any Dwelling. 6. Landscaping Plan Approval. The plan excavation, fill, grading, drainage and landscaping for all new home construction or major renovation, on a Lot shall be submitted to the ARC for approval pursuant to the provisions of the Architectural Guidelines for Riverbend Addition prior to commencement. However, only the landscaping for the front and side yards visible from a street is required to be included in the plan. Required landscaping shall be completed in accordance with the landscaping plan approved by the ARC no later than thirty (30) days following the issuance of a certificate of occupancy for the Dwelling. 7. Exterior Coloring. Iridescent colors or tones considered to be brilliant are not permissible. For the purpose of this paragraph, “brilliant” is construed to mean a color that is not in the general texture of both the overall community and natural setting of the· Subdivision. The purpose of this covenant is to maintain harmony of the exterior paint colors of the buildings throughout the Subdivision with earth tones and forest tones. Section 2.3 HEIGHT. Dwellings shall have no more than two (2) stories of living space above finished grade, except in a case where a third (3rd) story of living space is contained within the volume defined by the roof plans of the Dwelling. Notwithstanding the foregoing, no Dwelling shall exceed a height of thirty-two (32) feet above finished grade. Section 2.4 OPEN HOUSES. "Open House" refers to an advertised period of time in which a property which is for sale is available for inspection by prospective purchasers. Open Houses for the purposes of selling real property in the Subdivision are restricted to one (1) Saturday OR Sunday per month and one (1) weekday per month for each property listed for sale. Open Houses shall be used solely for the purpose of selling real property. Other commercial uses during Open Houses are expressly prohibited. Such prohibited commercial uses include, but are not limited to, the bussing in of the public, demonstrations of household appliances and lawn maintenance systems, and exhibits of art, furniture, or interior decorating. ARTICLE III Architectural Approval Section 3.1 ARCHITECTURAL REVIEW COMMITTEE ("ARC"). A. Structure of the ARC. The ARC shall consist of a committee of three (3) members, all of whom shall be appointed by the Board. Members of the ARC must be members of the Association (i.e., Owners). In the event that the Board shall fail to appoint an ARC, then the Board shall act as the ARC. Members of the ARC may be removed at any time by the Board, and shall serve for such term as may be designated by the Board or until resignation or removal by the Board. B. Approval Required. In order to preserve the architectural and aesthetic appearance and the natural setting and beauty of the development, to establish and preserve a harmonious design for the development and to protect and promote the value of the Property, the Lots, and the Dwellings, no improvements of any nature shall be commenced, erected, installed, placed, moved onto, altered, replaced, relocated, permitted to remain on or maintained on any Lot or Dwelling by any Owner, which affect the exterior appearance of any Lot or Dwelling unless plans and specifications therefor have been submitted to and approved by the ARC in accordance with the terms and provisions of this Article. Without limiting the foregoing, the construction and installation of any dwellings, sidewalks, driveways, parking lots, decks, patios, courtyards, landscaping, swimming pools, tennis courts, greenhouses, playhouses, awnings, walls, fences, exterior lights, garages, guest or servant's quarters, garages or any other outbuildings shall not be undertaken, nor shall any exterior addition to or change or alteration be made (including, without limitation, painting or staining of any exterior surface) to any Dwelling or improvements, unless the plans and specifications for the same have been submitted to and approved by the ARC in accordance with the terms and provisions of this Article. The ARC shall establish and change from time to time, if deemed appropriate, a fee sufficient to cover the expense of reviewing plans and related data and to compensate any consulting architects, landscape architects, designers, engineers, inspectors and/or attorneys retained in order to approve such plans and specifications and to monitor and otherwise enforce the terms hereof (the "Submission Fee"). The ARC is hereby authorized and empowered to approve all plans and specifications and the construction of all Dwellings and other improvements on any part of the Property. The ARC shall, in its sole discretion, determine whether the plans and specifications and other data submitted by any Owner for approval are acceptable. One copy of all plans, specifications and related data so submitted to the ARC shall be retained in the records of the ARC and the other copy shall be returned to the Owner submitting the same marked "approved", "approved as noted" or “disapproved". The thirty (30) days limit for plan approval (and the deemed approval if no action is taken) in the original Restrictions applies to the ARC plan approval in this Modification. The ARC shall have the right to disapprove any plans and specifications upon any ground which is consistent with the objectives and purposes of this Modification, including purely aesthetic considerations, any failure to comply with any of the provisions of this Modification or the Architectural Guidelines for Riverbend Addition, failure to provide requested information, objection to exterior design, appearance or materials, objection on the ground of incompatibility of any such proposed improvement with the scheme of development proposed for the Subdivision, objection to the location of any proposed improvements on any such Lot or Dwelling, objection to the landscaping plan for such Lot or Dwelling, objection to the color scheme, finish, proportions, style of architecture, height, bulk or appropriateness of any improvement or any other matter which, in the sole judgment of the ARC, would render the proposed improvement inharmonious with the general plan of development contemplated for the Subdivision. The ARC shall have the right to approve any submitted plans and specifications with conditions or stipulations by which the Owner of such Lot or Dwelling shall be obligated to comply and must be incorporated into the plans and specifications for such improvements or Dwelling. Approval of plans and specifications by the ARC for improvements to one particular Lot or Dwelling shall not be deemed an approval or otherwise obligate the ARC to approve similar plans and specifications of any of the features or elements for the improvements for any other Lot or Dwelling within the Subdivision. Any revisions, modifications or changes in any plans and specifications previously approved by the ARC must be approved by the ARC in the same manner specified above. If construction of the Dwelling or the improvements has not substantially commenced within ninety (90) days of approval by the ARC of the plans and specifications for such Dwelling or other improvements, then no construction may be commenced (or continued) on such Lot or Dwelling and the Owner of such Lot or Dwelling shall be required to resubmit all plans and specifications for any Dwelling or other improvements to the ARC for approval in the same manner specified above. C. Address of ARC. The address of the ARC shall be at the principal office of the Association. Section 3.2 FAILURE TO ACT. A. Failure to Act After Notice of Completion. If, for any reason other than the applicant's act or neglect, the ARC fails to notify the applicant of any noncompliance within thirty (30) days after receipt by the ARC of a written notice of completion ("Notice of Completion") from the applicant, the improvement on a Lot shall be deemed in compliance if the improvement on a Lot in fact was completed as of the date of Notice of Completion; provided, however, that no such deemed approval shall operate to permit any Owner to construct or maintain any improvement on a Lot that violates any provision of this Modification or the Architectural Guidelines for Riverbend Addition, the ARC at all times retaining the right to object to any improvement on a Lot that violates this Modification or the Architectural Guidelines for Riverbend Addition. B. No Implied Waiver or Estoppel. No action or failure to act by the ARC or by the Board of Directors shall constitute a waiver or estoppel with respect to future action by the ARC or the Board of Directors, with respect to any improvement on a Lot. Specifically, the approval by the ARC of any improvement on a Lot shall not be deemed a waiver of any right or an estoppel against withholding approval or consent for any similar improvement on another Lot or any similar proposals, plans, specifications, or other materials submitted with respect to any other improvement on a Lot by such person or otherwise. Section 3.3 NOTICE AND INSPECTION. A. Notice of Completion. Promptly upon completion of the improvement on a Lot, the applicant shall deliver a Notice of Completion to the ARC and, for all purposes hereunder, the date of receipt of such Notice of Completion by the ARC shall be deemed to be the date of completion of such improvement, provided that the improvement is, in fact, completed as of the date of receipt of the Notice of Completion. B. Inspection of Work. The ARC or its duly authorized representative shall have the right to inspect any improvement on a Lot before or after completion, provided that the right of inspection shall terminate thirty (30) days after the ARC shall have received a Notice of Completion from the Applicant. C. Notice of Noncompliance. If, as a result of inspections or otherwise, the ARC finds that any improvement on a Lot has been constructed or undertaken without obtaining the approval of the ARC, or has been completed other than in strict conformity with the description and materials furnished by the applicant to the ARC, or has not been completed within the required time period after the date of approval by the ARC, the ARC shall notify the applicant in writing of the noncompliance ("Notice of Noncompliance”), which notice shall be given, in any event, within thirty (30) days after the ARC receives a Notice of Completion from the applicant. The Notice of Noncompliance shall specify the particulars of the noncompliance and shall require the applicant to take such action as may be necessary to remedy the noncompliance. If the applicant does not comply with the Notice of Noncompliance within the period specified by the ARC, the Association may, acting through the Board, at its option but with no obligation to do so, (a) record a Notice of Noncompliance against the real property on which the noncompliance exists in the Official Public Records of Real Property of Harris County, Texas; (b) remove the noncomplying improvement on the Lot; and/or (c) otherwise remedy the noncompliance (including, if applicable, completion of the improvement in question), and, if the Board elects to take any action with respect to such violation, the applicant shall reimburse the Association upon demand for all expenses incurred therewith. The permissive (but not mandatory) right of the Association to remedy or remove any noncompliance (it being understood that no Owner may require the Board to take such action) shall be in addition to all other rights and remedies that the Association may have at law, in equity, under this Modification, or otherwise. Any expenses incurred by the Association as a result of the applicant's noncompliance shall be charged to the applicant's assessment account and collected at the Board's discretion. Section 3.4 POWER TO GRANT VARIANCES. A. Variances. The ARC may authorize variances from compliance with any of the provisions of Article II of this Modification. Such variances must be evidenced in writing and shall become effective when signed by at least a majority of the members of the ARC. If any such variance is granted, no violation of the provisions of this Modification shall be deemed to have occurred with respect to the matter for which the variance was granted; provided, however, that the granting of a variance shall not operate to waive any of the provisions of this Modification for any purpose except to the particular property and particular provision hereof covered by the variance, nor shall the granting of any variance affect the jurisdiction of the ARC other than with respect to the subject matter of the variance, nor shall the granting of a variance affect in any way the Owner's obligation to comply with all governmental laws and regulations affecting the property concerned. B. Construction Period Exception. During the course of actual construction of any permitted structure or improvement on a Lot, and provided construction is proceeding with due diligence, the ARC may temporarily suspend the provisions of Article II contained in this Modification as to the property upon which the construction is taking place to the extent necessary to permit such construction; provided, however, that during the course of any such construction, nothing shall be done that will result in a violation of any of the provisions of this Modification upon completion of construction or that will constitute a nuisance or unreasonable interference with the use and enjoyment of other property within the Subdivision. Section 3.5 ESTOPPEL CERTIFICATES. The Board, upon the reasonable request of any interested party and after confirming any necessary facts with the ARC, shall furnish a certificate with respect to (i) the approval or disapproval of any improvement on a Lot, (ii) the "grandfather" status of any aspect of a Lot or Dwelling, or (iii) whether any improvement on a Lot was made in compliance herewith. Any person, without actual notice of any falsity or inaccuracy of such a certificate, shall be entitled to rely on such certificate with respect to all matters set forth therein. Section 3.6 NONLIABILITY FOR ARC ACTION. None of the members of the ARC, the Association or any member of the Board shall be liable for any loss, damage, or injury arising out of or in any way connected with the performance of the duties of the ARC, except to the extent caused by the willful misconduct or bad faith of the party to be held liable. In reviewing any matter, the ARC shall not inspect, guarantee or warrant the workmanship of the improvement, including its design, construction, safety, whether structural or otherwise, conformance with building codes, or other governmental laws or regulations or whether the improvement is suitable or fit for its intended purpose. Furthermore, none of the members of the ARC, or any member of the Board shall be personally liable for debts contracted for or otherwise incurred by the Association or for any torts committed by or on behalf of the Association, or for a tort of another of such individuals, whether such other individuals were acting on behalf of the Association, the ARC, the Board, or otherwise. Finally, neither the Association, the Board, the ARC, or their officers, agents, members, or employees shall be liable for any incidental or consequential damages for failure to inspect any premises, improvements, or portion thereof, or for failure to repair or maintain the same. Section 3.7 UPKEEP DURING CONSTRUCTION. After approval of any proposed improvement on a Lot, the proposed improvement shall be prosecuted diligently and continuously and shall be completed within the time frame approved by the ARC and in strict conformity with the description of the proposed improvement in the materials submitted to the ARC. No building materials shall be placed upon a Lot until the Owner is ready to commence construction. Owners shall keep the job site and all surrounding areas (specifically including streets) clean during the progress of construction. All construction trash, debris and rubbish on each Lot shall be properly disposed of at least weekly. In no event shall any used construction material be buried on or beneath any Lot or Dwelling. No Owner shall allow dirt, mud, gravel or other substances to collect or remain on any street. All construction vehicles must be parked on the Lot or in areas designated by the ARC. Section 3.8 SUBSURFACE CONDITIONS. The approval of plans and specifications by the ARC for any Dwelling or other improvement on a Lot shall not be construed in any respect as a representation or warranty by the ARC to the Owner submitting such plans or to any of the successors or assigns of such Owner that the surface or subsurface conditions of such Lot are suitable for the construction of the improvements contemplated by such plans and specifications. It shall be the sole responsibility of each Owner to determine the suitability and adequacy of the surface and subsurface conditions of any Lot for the construction of any contemplated improvements thereon. Section 3.9 NO COMPENSATION OF ARC MEMBERS. The members of the ARC shall not be entitled to any compensation, but are entitled to reimbursement for reasonable expenses incurred by them in the performance of their duties hereunder as the Board from time to time may authorize or approve. Section 3.11 ARCHITECTURAL GUIDELINES FOR RIVERBEND ADDITION. The ARC from time to time may promulgate, supplement or amend the Architectural Guidelines for Riverbend Addition, subject to Board approval, which provide an outline of minimum acceptable standards for proposed improvements; provided, however, that such outline will serve as a minimum guideline only and the ARC may impose other requirements in connection with its review of any proposed improvements. If the Architectural Guidelines for Riverbend Addition impose requirements that are more stringent than the provisions of this Modification, the provisions of the Architectural Guidelines for Riverbend Addition shall control. ARTICLE IV Miscellaneous Section 4.1 USE OF COMMON AREA. The Association, the ARC, its directors, officers, managers, employees, agents and attorneys ("Association Parties”) shall not in any way be considered an insurer or guarantor of the safety of any person using the Common Area. Section 4.2 SEVERABILITY. In the event of the invalidity or partial invalidity or partial unenforceability of any provision in this Modification, the remainder of the Modification shall remain in full force and effect. Section 4.3 DELAY IN ENFORCEMENT. No delay in enforcing the provisions of these Restrictions with respect to any breach or violation thereof shall impair, damage or waive the right of any party entitled to enforce the same to obtain relief against or recover for the continuation or repetition of such breach or violation or any similar breach or violation thereof at any later time. Section 4.4 LIMITATION OF LIABILITY. Notwithstanding anything provided herein to the contrary, the Association Parties shall have no liability of any nature whatsoever for any damage, loss or prejudice suffered, claimed, paid or incurred by any Owner on account of (a) any defects in any plans and specifications submitted, reviewed, or approved in accordance with the provisions of Article III above, (b) any defects, structural or otherwise, in any work done according to such plans and specifications, (c) the failure to approve or the disapproval of any plans, drawings, specifications or other data submitted by an Owner for approval pursuant to the provisions of Article III, (d) the construction or performance of any work related to such plans, drawings and specifications, (e) bodily injuries (including death) to any Owner or Occupant (or their guests, invitees or licensees), or other damage to any Dwelling, improvements or the personal property of such parties, which may be caused by, or arise as result of, any defect, structural or otherwise, in any Dwelling or improvements or the plans and specifications thereof or any past, present or future soil and/or subsurface conditions, known or unknown and (f) any other loss, claim, damage, liability or expense, including court costs and attorney's fees suffered, paid or incurred by any Owner or Occupant arising out of or in connection with the use and occupancy of any Lot, Dwelling, or any other improvements situated thereon. Section 4.5 ENFORCEABILITY. These Restrictions shall run with the Subdivision and shall be binding upon and inure to the benefit of and be enforceable by the Association, each Owner and occupant of a Lot in the Subdivision, or any portion thereof, and their respective heirs, legal representatives, successors and assigns. If notice and an opportunity to be heard are given, the Association shall be entitled to impose reasonable fines for violations of the Restrictions or any rules and regulations adopted by the Association or the ARC pursuant to any authority conferred by either of them by these Restrictions and to collect reimbursement of actual attorney's fees and other reasonable costs incurred by it relating to violations of the Restrictions. Such fines, fees and costs may be added to the Owner's assessment account and collected at the discretion of the Board. Section 4.6 REMEDIES. In the event any one or more persons, firms, corporations or other entities shall violate or attempt to violate any of the provisions of the Restrictions, the Association, each Owner or occupant of a Lot within the Subdivision, or any portion thereof, may institute and prosecute any proceeding at law or in equity to abate, preempt or enjoin any such violation or attempted violation or to recover monetary damages caused by such violation or attempted violation. Upon the violation of any of the provisions of these Restrictions by any Owner, in addition to all other rights and remedies available to it at law, in equity or otherwise, the Association, acting through the Board, shall have the right to suspend the right of such Owner to vote in any regular or special meeting of the members during the period of the violation. Section 4.7 EFFECTIVE DATE/EXISTING VIOLATIONS GRANDFATHERED. The provisions of this Modification shall become effective upon recording; provided, however, that this Modification shall not apply to any construction if a building permit is issued by the City of Hunters Creek prior to that date. Any circumstances, conditions, or improvements which exist prior to the recording date which are not in compliance with this Modification are "grandfathered" and need not comply; provided, however, if any such circumstances, conditions or improvements are voluntarily or involuntarily removed, abated or discontinued after the date this Modification is recorded, such circumstances, conditions or improvements may not be renewed or replaced in a manner inconsistent with this Modification. The Board shall issue an estoppel certificate pursuant to Section 3.5 establishing the grandfathered circumstances of a Lot or Dwelling, upon request by the Owner of the Lot. Notwithstanding the foregoing, this provision shall not be construed to affect the right of the Association or any Lot Owner to proceed with or initiate action against any person who is in violation of the provisions of the prior restrictive covenants after the effective date of this Modification so long as the acts or circumstances constituting a violation of the prior restrictive covenants also violate the provisions of this Modification. THIS MODIFICATION IS EXECUTED BY THE UNDERSIGNED OWNERS OF LOTS IN THE SUBDIVISION FOR THE PURPOSES OF MODIFYING THE RESTRICTIONS. BY THEIR SIGNATURE BELOW, EACH OWNER REPRESENTS TIHAT THEY ARE THE RECORD TITLE OWNER FOR THE PROPERTY DESIGNATED AS OF THE DATE OF THEIR SIGNATURE AND, TO THE EXTENT THEY ARE EXECUTING THIS MODIFICATION IN ANY REPRESENTATIVE CAPACITY, THAT THEY HAVE REQUISITE POWER AND AUTHORITY TO EXECUTE THIS MODIFICATION. [Remainder of page intentionally left blank.] ________________ RIVERBEND PLANNING COMMITTEE, INC., A PROPERTY OWNERS ASSOCIATION WITH JURISDICTION OVER RIVERBEND ADDITION, HARRIS COUNTY, TEXAS, REPRESENTS THAT THE MODIFICATION HAS BEEN APPROVED IN ACCORDANCE WITH THE RESTRICTIONS FOR THE PURPOSES OF MODIFYING THE RESTRICTIONS AND EXECUTES THIS MODIFICATION TO FACILITATE ITS RECORDING IN THE PUBLIC RECORDS OF HARRIS COUNTY, TEXAS. Close-up of a document Description automatically generated Riverbend Planning Committee, Inc., a Texas nonprofit corporation By: William S. Tower Name: William S. Tower Title: President STATE OF TEXAS § § COUNTY OF HARRIS § This instrument was acknowledged before me on December 21, 2007, by William S. Tower, the President of Riverbend Planning Committee, Inc., a Texas nonprofit corporation, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purpose and consideration therein expressed and as the act of said corporation. A close-up of a letter Description automatically generated ________________ 2. Plat A map of a neighborhood Description automatically generated ________________ 3. Plat Amendment (1953) 1121610 WHEREAS, we, the undersigned, have heretofore respectively purchased certain lots in Riverbend Addition as said addition is shown by map filed for record.in the Office of the County Clerk of Harris County, Texas, at 2:30 P.M., December 19, 1952, under File No. 1074216, and which map is hereby referred to and incorporated herein for all purposes, and the lots so purchased by us respectively being as follows: Lot Nine (9) was purchased by John V. Gainey and wife, Margaret B. Gainey; Lot Thirteen (13) and small part of Lot Eleven (11) were purchased by William H. Cocke, Jr., and wife, Beulah Cocke; Lot Thirty (30) was purchased by Otto U. Wymer and wife, Orian H. Wymer; Lot Thirty-six (36) was purchased by Merle E. Minks and wife, Mary Brooks Minks; AND WHEREAS, it has now seemed proper to make certain changes in said plat of Riverbend Addition as shown on the map above referred to, and which changes are shown on a replat map of said Riverbend Addition duly executed by Riverbend, Inc., under date March 30, 1953, and which replat map is hereby referred to and incorporated herein for all purposes; NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS: that we, the undersigned, hereby join in said replatting of said Riverbend Addition as shown on said replat map next above referred to, and declare and make said replatting and said replat map in all things binding on us and the respective lots so purchased by us and on our respective heirs, successors and assigns. We furthermore provide that all references to the original plat so filed for record on December 19, 1952, as such references are contained in that certain instrument executed by Riverbend, Inc., under date December 29, 1952, and filed for record in the Office of the county Clerk of Harris County, Texas, at 11:15 o'clock A.M., January 2, 1953, under File Number 1077273, and which instrument sets forth certain covenants, conditions, restrictions and reservations pertaining to said Riverbend Addition, are hereby made effective for all purposes to refer to said replat map FILED FOR RECORD 1121609, 1953, and hereinabove more particularly referred to. IN TESTIMONY WHEREOF witness our signatures at Houston, Texas, this the 5th day of April, A.D. 1953. THE STATE OF TEXAS COUNTY OF HARRIS BEFORE ME, the undersigned authority, on this day personally appeared John V. Gainey and Margaret B. Gainey, his wife, both known to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they each executed the same for the purposes and consideration therein expressed, and the said Margaret B. Gainey, wife of the said John V. Gainey, having been examined by me privily and apart from her husband, and having the same fully explained to her, she, the said Margaret B. Gainey, acknowledged such instrument to be her act and deed, and she declared that she had willingly signed the same for the purposes and consideration therein expressed, and that she did not wish to retract it. A close-up of a document Description automatically generated THE STATE OF TEXAS COUNTY OF HARRIS BEFORE ME, the undersigned authority, on this day personally appeared William H. Cocke, Jr., and Beulah Minks Cocke, his wife, both known to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they each executed the same for the purposes and consideration therein expressed, and the said Beulah Minks Cocke, wife of William H. Cocke, Jr., having been examined by me privily and apart from her husband, and having the same fully explained to her, she, the said Beulah Minks Cocke, acknowledged such instrument to be her act and deed, and she declared that she had willingly signed the same for the purposes and consideration therein expressed, and that she did not wish to retract it. A close-up of a document Description automatically generated THE STATE OF TEXAS COUNTY OF HARRIS BEFORE ME, the undersigned authority, on this day personally appeared Otto U. Wymer and Orian H. Wymer, his wife, both known to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they each executed the same for the purposes and consideration therein expressed, and the said Orian H. Wymer, wife of the said Otto U. Wymer, having been examined by me privily and apart from her husband, and having the same fully explained to her, she, the said Orian U. Wymer, acknowledged such instrument to be her act and deed, and she declared that she had willingly signed the same for the purposes and consideration therein expressed, and that she did not wish to retract it. A close-up of a document Description automatically generated THE STATE OF TEXAS COUNTY OF HARRIS BEFORE ME, the undersigned authority, on this day personally appeared Merle E. Minks and Mary Brooks Minks, his wife, both known to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they each executed the same for the purposes and consideration therein expressed, and the said Mary Brooks Minks, wife of the said Merle E. Minks, having been examined by me privily and apart from her husband, and having the same fully explained to her, she, the said Mary Brooks Minks, acknowledged such instrument to be her act and deed, and she declared that she had willingly signed the same for the purposes and consideration therein expressed, and that she did not wish to retract it. A close-up of a document Description automatically generated A close up of text Description automatically generated ________________ 4. Architectural Guidelines ARCHITECTURAL GUIDELINES FOR RIVERBEND ADDITION These Riverbend Addition Guidelines (the "Guidelines") are adopted by the Board of Directors of Riverbend Planning Committee, Inc., a Texas non-profit corporation (the "Association") (the "Board") pursuant to the authority contained in the restrictive covenants recorded on January 2, 1953, executed by Riverbend, Inc., a Texas corporation, filed of record at Volume 2542, Page 63 of the Deed Records of Harris County, Texas, amended by instrument filed on November 13, 1997 under Clerk's File No. S729511 of the Real Property Records of Harris County, Texas, and further amended by instrument filed on December 26, 2007 under Clerk's File No. 20070750159 (as amended, the ''Restrictions"), and Chapter 204 of the Texas Property Code, to maintain the harmonious and architectural design of the subdivision in accordance with the provisions of the Restrictions; and WHEREAS, the Restrictions expressly creates the ARC for the specific purposes set forth below; and WHEREAS, the Restrictions provide that no Improvement of any nature shall be commenced, erected, installed, placed, moved onto, altered, replaced, relocated, permitted to remain or maintained on any Lot or Dwelling by any Owner, which affect the exterior appearance of any Lot or Dwelling, unless plans and specifications therefor have been submitted to and approved by the ARC; and WHEREAS, the Restrictions further provide that the ARC shall have the discretion to approve or disapprove plans and specifications for proposed Improvements on the basis of aesthetic considerations, compliance with the provisions of the Restrictions or these Guidelines, exterior design, appearance, quality of materials, compatibility with the scheme of development for the Subdivision, location, and similar criteria; and WHEREAS, the Board and the ARC desire to establish guidelines with respect to the type, quality and color of exterior Improvements on Lots within Riverbend to be followed by the ARC so that a harmonious exterior design within the Subdivision is consistently maintained. NOW, THEREFORE, the Board and the ARC hereby adopt the following guidelines relating to improvements on Lots within all sections of Riverbend which have been subjected to the provisions of the Restrictions: ________________ I. DEFINITIONS Terms used in these Guidelines shall have the following meanings: ARC The Architectural Review Committee of the Association. Restrictions Restrictions recorded on January 2, 1953, executed by Riverbend, Inc., a. Texas corporation, filed of record at Volume 2542, Page 63 of the Deed Records of Harris County, Texas, amended by instrument filed on November 13, 1997 under Clerk's File No. S729511 of the Real Property Records of Harris County, Texas Improvement Any building, structure, fixture or fence, any transportable structure placed on a Lot, whether or, not affixed to the land, and any addition to or modification of an existing building, structure, fixture or fence. Subdivision Riverbend Addition, Houston, Harris County, Texas, according to the Map or Plat filed of record at Volume 43, Page 21 of the Map Records of Harris County, Texas. Each other capitalized term used in these Guidelines shall have the same meaning as that set forth in the Restrictions. II. APPLICATION PROCEDURES 1. Overview The purpose of architectural design review is to keep the community attractive for the enjoyment of residents and for the protection of property and property values. The Restrictions authorize the ARC to establish architectural guidelines providing an outline of minimum acceptable standards for proposed Improvements and requires homeowners to obtain written approval from the ARC for any proposed Improvements to their property. This is to ensure that Improvements comply with the provisions of the Restrictions and these Guidelines. The ARC and the Board have established these Guidelines in accordance with the authority granted to them by the provisions of the Restrictions and the Texas Property Code. These Guidelines have been established to assure uniform and fair application of the Restrictions and are intended to provide Lot owners with information about: the type, color, and quality of materials which may be used in the construction of various kinds of Improvements; the size and location of such Improvements; and information about the procedures used by the ARC in reviewing applications for proposed Improvements. The ARC reserves the authority to review and approve applications for Improvements which are not expressly described in these Guidelines, and to consider additional guidelines in the review process, whether published or not. These Guidelines may be amended upon the written approval of not less than seventy-five percent (75%) of the entire Board. The ARC may propose amendments to these Guidelines by submitting the proposed changes, approved by at least two-thirds (2/3) of the members of the ARC, to the Board of Directors for its consideration. No amendment to these Guidelines shall be effective until recorded in the Official Public Records of Real Property of Harris County, Texas. 2. Submission 1. Applications. All applications for approval of any exterior Improvements must be submitted to the ARC in writing by completing the application form then in use by the ARC. The application should be supported by the following information: (i) A check in the amount of the then applicable Submission Fee, if any, made payable to "Riverbend Planning Committee". As of the effective date of these Guidelines, the Submission Fee shall be $500.00 for a new Improvement and $100.00 for the modification or renovation of an existing Improvement; however, the Submission Fee is subject to increase or decrease as deemed appropriate in the reasonable judgment of the Board of Directors depending on the estimated time to complete the review. The Submission Fee includes the time involved to review the plans and specifications submitted and correspond with the applicant regarding the ARC's decision. Additional time devoted to an application at the instant or request of the applicant shall be billed to the applicant on an hourly basis. (ii) Two (2) copies of an accurately drawn and dimensioned site development plan indicating the location of any and all Improvements, including, specifically, the Dwelling to be constructed on said Lot, the location of all driveways, walkways, decks, terraces, patios and outbuildings and the relationship of the same to any set-back requirements applicable to the Lot or Dwelling. (iii) Two (2) copies of a foundation plan, floor plans and exterior elevation drawing of the front, back, and sides of the Dwelling to be constructed on the Lot. (iv) Two (2) copies of written specifications and, if requested by the ARC, samples indicating the nature, color, type, shape, height and location of all exterior materials to be used in the construction of the Dwelling on such Lot or any other Improvements thereto, including, without limitation, the type and color of all brick, stone, stucco, roofing and other materials to be utilized on the exterior of a Dwelling and the color of paint or stain to be used on all doors, shutters, trim work, eaves and cornices on the exterior of such Dwelling. (v) Two (2) copies of the lighting plan, including specifications, for any exterior lighting to be utilized with respect to such Lot or Dwelling. (vi) Two (2) copies of the landscaping and irrigation plans prior to the installation of any landscaping or irrigation. (vii) A written statement of the estimated date of commencement, if the proposed Improvement is approved, and the estimated date of completion. (viii) Such other plans, specifications or other information or documentation as may be required by the Guidelines. The ARC reserves the right to request any additional information deemed by it to be necessary to properly evaluate the application. In the event that the ARC requests additional information, the application shall be denied and a new forty-five (45) day period shall commence upon the receipt by the ARC of the additional information. However, the applicant may thereafter submit a new application with the requested information to the ARC for its review. All applications shall be mailed or delivered to the ARC at the principal office of the Association. No application shall be considered complete until all necessary information is received by the ARC, together with the applicable Submission Fee. 2. ARC Decisions. ARC members shall consider each application for compliance with the Restrictions and with these Guidelines. The decisions of a majority of members to approve or disapprove an application shall be considered the decision of the ARC. ARC decisions shall be conveyed in writing by the Association to the applicant and shall include a statement of the conditions under which the application is approved, if any, or the primary reason(s) for disapproving the application. In accordance with the Restrictions, a complete application, inclusive of all necessary information and the applicable Submission Fee, that is not approved or disapproved within forty­ five (45) days of the date of its receipt shall be deemed to have been automatically approved; provided, however, that (i) any such approval shall extend only to Guidelines and not to any of the use restrictions set forth in the Restrictions and (ii) in no event shall non-action be deemed to constitute approval of an application for any Improvement that would violate the restrictive covenants in the Restrictions. If construction of an approved Improvement has not substantially commenced within ninety (90) days of approval by the ARC of the plans and specifications for such Improvement, no construction may be commenced or continued and the Owner shall be required to resubmit all plans and specifications for the Improvement and obtain the approval of the ARC. Unless otherwise stated In the ARC's written response, all approved exterior changes, additions or Improvements (other than a new Dwelling) shall be completed within sixty (60) days of the date construction, installation or erection is commenced. 3. Board Appeals. In the event that the ARC disapproves an application, the applicant may within twenty (20) days submit an appeal to the Board of Directors. The Board shall review the appeal with reasonable promptness and notify the applicant of the Board's decision. All decisions of the Board shall be final. 4. Status of Applications During Appeal. During the appeal period, the decision of the ARC on the original application shall remain in effect. The failure of the Board to respond to a request for reconsideration within forty five (45) days of the date of its receipt shall not automatically result in approval of the original application. 3. General Criteria for Considering Applications 1. General Criteria. The ARC shall consider the following factors upon the review of each application for an Improvement: a. The quality of construction and materials, colors, exterior design (elevations), size (dimensions), and location, all of which must be harmonious with existing and other proposed structures. b. The location must not violate the building setback lines, utility or drainage easements as shown on the official recorded plat or any other provisions of the Restrictions. Note: The ARC may not grant permission to place an Improvement upon or across any utility easement; consent to encroach upon any utility easement must be obtained in writing from the owner of the easement (i.e. utility companies). c. Improvements which are intended for other than single-family residential purposes, or which may become an annoyance or nuisance to the neighborhood, are not permitted. d. Improvements must be located so that their use will not infringe upon the enjoyment of neighboring amenities or place neighboring property at increased risk of damage. The ARC may also consider the provisions of the Restrictions and of applicable statutes, ordinances, and building codes. However, approval of an application shall not be construed as a warranty or representation by the ARC that the change, addition or Improvement, as proposed or as built, complies with any or all applicable statutes, ordinances or building codes, or as a warranty or representation by the ARC of the fitness, design or adequacy of the proposed construction. 2. Variances. Notwithstanding the provisions in the Restrictions which grant to the ARC the authority to grant variances, the ARC shall not have the authority to grant a variance which allows the height of a Dwelling to exceed thirty-two (32) feet above finished grade or allows a Dwelling to be located nearer to a side property line than the set-backs established in Section 2.4(C) of the Restrictions, except as may be deemed appropriate by the ARC, with the approval of the Board of Directors, to resolve pending litigation or, in the absence of pending litigation, except with the written approval of owners representing two-thirds (2/3) of the Lots in the section in which the Lot in question is located and the written approval of owners representing two-thirds (2/3) of the Lots in a contiguous section of the Subdivision. III. GENERAL CONSTRUCTION PROCEDURES 1. Construction Review (a) Foundations. For any Improvement that requires a poured foundation, a certified foundation form survey is required to be submitted three (3) days before any concrete is poured. The survey must confirm the placement of the Improvement in accordance with the plans approved by the ARC. A final written approval will be issued to the applicant acknowledging compliance with the location of the structure(s) depicted on the approved plans. (b) Building Height. Upon the completion of the framing of an Improvement, and prior to the application of any roofing material, a certification is required to be submitted to the ARC confirming the height of the Improvement. A final written approval will be issued to the applicant acknowledging compliance with the approved plans. (c) Pools. For a swimming pool, a certified survey is required to be submitted three (3) days before any excavation work is initiated. The survey must confirm the location of the swimming pool in accordance with the plans approved by the ARC. A final written approval will be issued to the applicant acknowledging compliance with the location of the pool depicted on the approved plans. 2. Construction Guidelines. (a) Parking of vehicles is restricted to the side of the street where the construction Is taking place to allow for emergency vehicle access. Under no circumstances may vehicles be parked in the driveway of another Lot or in a manner that impedes or prevents access to other driveways. (b) All construction debris and other trash must be moved from the site at least once per week. No trash may be left exposed that could be windblown onto adjacent property. Under no circumstances should storm sewer inlets be used to discard any trash or debris. The street will be kept clean of mud, excess concrete (including spillage from concrete trucks) and other materials generated from the construction site. (c) Port-a-cans must be kept neat and maintained in proper working order. These temporary facilities must be located as far back from the street as possible consistent with servicing requirements. Port-a-cans must be screened from view from the street and neighboring properties to the extent possible. Contractors must install a flush toilet as soon as plumbing is connected and then remove the port-a-can. (d) Building materials, trucks and other material or equipment may not be placed upon or parked on any area between the front property line and the street nor shall building materials or equipment be placed in the street. (e) Construction work may take place ONLY between the hours of 7:00 a.m. and 6:00 p.m., Monday through Saturday. (f) Trees on the Lot, as well as trees on any adjacent Lot that may be affected by the construction work, must be protected from damage by the erection of temporary wood or chain link barricades around the drip line of each tree. (g) Contractors must erect and maintain throughout the entire construction period a fence enclosing all of the construction area except at the construction entrance. Further, Contractors must take appropriate measures to prevent soil erosion. 3. Razing. An existing Dwelling shall not be razed until plans and specifications for a new Dwelling have been submitted to and approved by the ARC. IV. EXTERIOR ADDITIONS AND MODIFICATIONS A. Outbuildings 1. General Rules. Any type of building which exists on a Lot but is not attached to the Dwelling on a Lot, other than the Dwelling itself, a detached garage, a gazebo or a children's play structure, shall be considered an outbuilding, including tool and/or storage sheds. Only one (1) outbuilding not exceeding twelve feet (12’) in height and one hundred square feet (100 s.f.) in area shall be permitted on a Lot and such outbuilding must have a permanent ground attachment. The standard, type, quality and color of the materials used in the construction of an outbuilding shall be harmonious with the standard, type, quality and color of the materials used in the construction of the Dwelling on the Lot. No exterior portion of an outbuilding shall be made of metal. The roof of an outbuilding shall conform to the provisions relating to roofing materials set forth in the Declaration and these Guidelines and shall be compatible with the color and type of materials used in the construction of the Dwelling. An outbuilding must be located in the backyard of the Lot inside the fence. An outbuilding shall not be any closer to any property line than the applicable building setback. No outbuilding shall be located on any utility or drainage easement or in a manner that causes water to flow onto an adjacent lot. 2. Gazebos. For the purposes hereof, a gazebo shall be defined as a free standing, open framed structure with lattice-type walls, the purpose of which shall not be for any type of storage. These typically are circular or octagonal shaped structures. There are two approved types of gazebos: a. Conical shaped (peaked) roofed gazebos. These gazebos cannot exceed twelve feet (12') in height (height measured from the ground) and the horizontal supports cannot exceed eight feet (8'), from the deck level. Decks shall not exceed two feet (2') in height (height measured from the ground). b. Flat-lattice (arbor type) roofed gazebos. These cannot exceed ten feet (10') in height (height measured from the ground) and the horizontal supports cannot exceed eight feet (8') in height from the deck level. For both structures, the footprint area is limited to one hundred (100) square feet. All gazebos must have a permanent roof with materials as set forth in the Declaration and these Guidelines. The materials used in construction of the gazebo shall be harmonious with the standard, type, quality and color used in the construction of the Dwelling on the Lot. Louvered or trellis style gazebo roofs may be allowed as long as the quality of materials is approved. Pressure treated wood may be stained or painted. Water and electricity may be permitted upon approval and according to the National Electrical Code. All pipes and cables must be underground. A Gazebo shall not be closer to any property line than the applicable building setback. No gazebo shall be located on any utility or drainage easements or in a manner that causes water to flow onto an adjacent Lot. 3. Children's Play Structures. For the purposes hereof, a children's play structure shall mean any type of children's swing sets, play sets, climbing structure, slides, or raised play sets and play forts. A maximum of two (2) children's play structures are allowed on a Lot. The maximum dimensions for each play structure are ten, feet (10') in width by fifteen feet (15') in length by twelve feet (12’) in height. No wind-socks or streamers attached to the structure shall be permitted. Play structures must be located within the fence in the backyard. No play structure shall be located closer to any property line than the applicable building setback. No play structure shall be located on any utility or drainage easements or in a manner that causes water to flow to an adjacent Lot. B. Patio Covers The standard, type, quality and color of the materials used in the construction of a patio cover must be harmonious with the standard, type, quality and color of the materials used in the construction of the Dwelling; provided, however, that corrugated roofs for patio covers and aluminum patio covers shall not be permitted under any circumstances. If siding is used on patio covers, it must be of the same type, quality, and color as the siding on the Dwelling. Roofing materials on patio covers shall conform to the provisions relating to roofing materials set forth in the Declaration and these Guidelines. Louvered or trellis style patio cover roofs may be allowed as long as the quality of materials is approved. Pressure treated wood may be stained or painted provided the color shall conform to the provisions relating to painting set forth in these Guidelines. Any patio cover which is not attached to the Dwelling house shall be subject to the Guidelines set forth herein for gazebos. The location of a patio cover must not encroach on any utility or drainage easement, nor shall it violate the building set back lines applicable to the Dwelling on any Lot. Patio covers must not interfere with drainage or cause water to flow onto any adjacent Lot. All patio covers must be adequately supported and constructed of sturdy materials so that the patio cover has no visible sagging or warping. This also applies to any lattice attached to the sides of the structure. Patio covers which are attached to the Dwelling shall be securely attached at a height not less than seven feet (7’) nor more than twelve feet (12’) from the ground. Patio covers which are attached to a detached garage or breezeway must be securely attached at a height below the eaves of each structure at a height of not less than seven feet (7’) nor more than nine feet (9') from the ground. The patio cover roof shall provide an attractive slope away from the house at an angle which does not exceed that of the roof on the Dwelling. The roof of all patio covers (other than arbor or trellis type) must be covered with shingles meeting the roofing guidelines set forth herein, and must have a minimum of 3:12 slope. In cases where it is not possible to have a minimum 3:12 slope, the ARC may approve a flat type roof with a modified membrane type roofing material provided the color and appearance of such roofing closely matches the roofing of the Dwelling. If any portion of the patio has a peaked or cone-shaped roof, that portion of the patio cover must also comply with the guidelines for conical shaped (peaked roofed) gazebos, including guidelines for size, location and height. C. Patio Enclosures A "patio enclosure" is any patio cover which has exterior walls and/or screens (other than “sun rooms" as defined in these Guidelines). All structural components of patio enclosures, including roofing materials, shall be subject to the Guidelines set forth herein for “patio covers". This section describes additional requirements for walls, screens and frames used to enclose a covered patio or deck. The standard, type, quality and color of the materials used in the construction of a patio enclosure must be harmonious with the standard, type, quality and color of the materials used in the construction of the Dwelling. Exterior walls of a patio enclosure shall be constructed of brick or siding which is of the same type, quality, and color as those of the Dwelling on the Lot. Aluminum siding is not allowed. No visible part of the enclosure may be made of metal other than screens, frames, and storm doors. Patio enclosure screens must be the same color as existing window screens on the Dwelling and must have adequate cross-member support to avoid sagging, The exterior color of doors, sills, beams, frames, or other visible supports must match the exterior colors of the Dwelling or the color of existing window frames. D. Sunrooms A sunroom is any room with glass-enclosed walls or a glass ceiling. The ARC may reject any application to construct a sunroom on a Lot on the basis of its overall design and conformity with existing structures regardless of whether or not the proposed sunroom complies with the technical specifications set forth below. a. Applications must be accompanied by a detailed scale drawing or blueprint showing the three dimensional relationship of the sunroom to the existing structure. Applications must also include a plot plan showing the location of the sunroom in relation to all Lot boundary lines, the Dwelling, the easements and the building setback lines. Applications must also include a detailed material list and include the name, address, and business phone number of the contractor or installer. Applications may be rejected for failure to provide any of these required items. b. A sunroom may be added to the rear of the Dwelling only. Applications for sunrooms on cul-de-sac Lots and corner Lots where the rear of the Dwelling faces a street will be considered on a case-by-case basis. c. Supporting structural members must be of a color and shade similar to and harmonious with the exterior color of the Dwelling. Glass must be tinted in a shade compatible with the exterior of the Dwelling. No metallic or direct reflecting style shading/tinting of the glass will be permitted, Applicants may be required to submit actual samples of the glass with the proposed shading/tinting material applied for approval. d. The floor of the sunroom must be of reinforced concrete slab construction with 3" minimum thickness. No other flooring material will be permitted. e. Only safety glass will be permitted for the panes. No fiberglass, plexiglass, plastic, acrylic, mesh, or other materials will be allowed. Safety glass must be a minimum 3/16" thick if tempered glass or a minimum 1/4” thick if laminated glass. Maximum width of glass between support trusses will be 36" measured center-to-center. f. Support trusses (glazing bars) must be constructed of aluminum or aluminum alloys with electrostatically applied coloring/paint to withstand 100 m.p.h. wind and 25 lbs. per square foot. No natural aluminum oxidation coloring will be allowed. No wood, composite, steel, fiberglass, or plastic trusses will be allowed. Trusses must be of structural box or I-beam construction. Round, oval, or “T” shaped trusses will not be allowed. g. The roof of a sunroom must have a minimum pitch of 1” per 12" of projection. The sunroom may not project more than 20' measured from the rear facing plane of the Dwelling. The sunroom may not project beyond either side-facing plane of the Dwelling. A sunroom may not encroach on any existing setbacks or easements. h. Sunrooms are only permitted as ground structures. The maximum height of the roof, measured from the concrete floor, may not exceed either 12’ or the height of the eaves of the wall that the sunroom projects from, whichever is lower. 1. If ceiling lighting is installed, it must be downward-directed, focused, low­ wattage track lighting. j. Sunrooms may not have turbine-type or forced fan roof ventilators installed. Only natural draft/convection flow panels that open may be installed. Panels that open may not exceed 36" x 36” in size and must be at least 36” in any direction away from adjoining opening panels. k. Sunrooms may not have exposed air conditioning or heating ductwork installed on the exterior thereof. Vents must be attached to the Dwelling. No ductwork shall be visible. I. Window coverings are not required. However, only interior coverings will be permitted; there shall be no exterior covering of the sunroom glass allowed. The side of the window covering facing the exterior must be of a neutral, earth tone or forest tone color, which must also blend with the exterior color of the Dwelling. If there is covering on any one window, then all windows must be covered with the saine treatment. Color and material samples of coverings may be required to be submitted for approval, at the discretion of the ARC. m. No sunroom shall be nearer to any property line than the applicable building setback. No sunroom shall be located on any utility or drainage easement or in a manner that causes water to flow on any adjacent Lot. E. Decks No deck shall be constructed on utility or drainage easements in a manner that causes water to flow on an adjacent Lot. F. Garages and Carports 1. Location. A garage, carport or porte cochere shall not be nearer to any property line than the applicable building setback. Provided that, a garage which faces the street in front of a Lot shall not be nearer to the front wall of the Dwelling than twenty (20) feet. A carport or porte cochere shall not be nearer to the front wall of the Dwelling than three (3) feet. No garage, carport or porte cochere shall be located on any utility or drainage easement or in a manner that causes water to flow onto an adjacent Lot. 2. Materials. The standard, type, quality and color of the materials used in the construction of a garage, carport or porte cochere must be harmonious and compatible with the standard, type, quality and color of the materials used in the construction of the Dwelling. The front elevation of a garage shall be constructed with the same type, quality and color of brick used in the construction of the Dwelling. All carports and porte cocheres must be adequately supported and constructed of appropriate materials so that the structure has no visible sagging or warping. 3. Height. No garage shall exceed the height of the Dwelling; provided that, in no event shall the height of a garage exceed twenty-eight feet (28'). All garages, carports and porte cocheres are subject to a height certification and approval, as provided in Section III(I)(b) of these Guidelines, prior to the application of any roofing material. 4. Setbacks. As provided in the Declaration, no garage or carport shall be located nearer to the front or the rear property line than that shown on the applicable plat. No garage or carport shall be located nearer to a side property line than five (5) feet, except a corner lot in which case no garage or carport shall be located nearer to the side property line adjacent to the side street than that shown on the applicable plat. G. Second-Story Living Area Above Garage A second-story living area above the garage on a Lot is permitted with the approval of the ARC, subject to the following: 1. No portion of the living area above the garage may be located nearer to the side or rear property line than five (5) feet; 2. No window may be installed within the wall along or parallel to the rear property line unless the wall is located no nearer to the rear property line than ten (10) feet or unless the rear property line is adjacent to property that is not within the Subdivision; 3. No window may be installed within the wall that is closest to a side property line; 4. No window or through-wall air-conditioning unit may be installed in any window of a second story living area. H. Antennae 1. Outside satellite dish antennas which are greater than forty inches (40”) in diameter are not allowed. 2. An outside antenna for a licensed operator of an amateur radio station is not allowed. 3. Outside microwave antennas are not allowed. 4. Outside short/long wave antennas of any kind are not allowed. I. Exterior Siding When exterior siding is to be added or replaced on any existing structure or new Improvement on the Lot, it must be of the same type, quality, size, and color as the existing siding in the Dwelling (unless all exterior siding is being replaced at one time). If all exterior siding is being replaced at one time, the type of siding may be changed to any of the following acceptable materials: wood, wood product (e.g. Masonite), Hardi plank, vinyl, vinyl-coated aluminum, or vinyl-coated steel, provided it is approved by the ARC. Aluminum, steel, or other metal siding shall not be acceptable. Stucco is not considered to be a masonry material for the purpose of complying with the provisions of the Declaration requiring at least fifty-one percent (51%) of the exterior finish on a Dwelling to be brick or masonry material. The following additional guidelines apply to replacement or additional exterior siding: i. minimum of a 20-year warranty from a reputable manufacturer (warranty information should be submitted with the application); 2. thickness, visible width, and spacing of siding must be consistent with that of the original exterior siding; each application submitted to the ARC shall specify the thickness, width and spacing of the existing and proposed siding, and shall include a sample of the proposed siding material; 3. color of all siding (including siding that is not painted) must be compatible with the Subdivision and the color(s) of the other exterior finishes on the Dwelling; iv. must be installed and maintained to avoid sagging, waving, warping or irregular coloration; the ARC may require the Owner (at Owner's sole responsibility and expense) to repair or replace siding that fails to adhere to these Guidelines. J. Exterior Lighting 1. Changes to Existing Lighting. Outside lighting may be replaced with a new fixture provided that the wattage of the new single fixture does not exceed 150 watts. Existing gas lighting may be converted to an electric incandescent bulb provided that (a) the incandescent bulb is a clear glass type, and (b) the lighting color is white. In no event shall the lighting be directed to shine in a manner which disturbs a neighbor. 2. New Lighting a. Security Lighting. Security lighting shall be permitted with the ARC's approval so long as the total wattage for any single fixture does not exceed 150 watts. Incandescent, reflector, down-directed or flood lights are preferred over the radial light style of mercury vapor lights. All security lighting shall be mounted behind the back plane of the Dwelling garage. No pole mounted security lights or lights mounted upon fences, trees or structures other than the Dwelling or garage, shall be permitted. No security light fixture shall be allowed above the eaves of the Dwelling or garage or more than twelve feet (12') from the ground. Exceptions to mounting security lighting behind the back plane of the Dwelling and/or allowing security lighting above the eaves of the Dwelling or garage may be granted by the ARC if the design and location of the house and/or garage on a Lot warrant an exception. Installation of all light fixtures must be approved by the ARC. Exceptions to the number of lights allowed may be granted only to corner Lots and cul-de-sac Lots, at the discretion of the ARC. No sodium vapor lights or quartz lights will be permitted. All wiring must be installed within walls or otherwise in a manner so that the wiring is not visible from the exterior of the Dwelling. b. Landscape Lighting. Exterior landscape lighting shall be permitted with the ARC's approval so long as the lighting is located within flower beds, shrubs and/or trees and all of the wiring is buried. All landscape lighting must be white in color. c. Holiday Lighting. Exterior lighting for holidays (i.e., Christmas) shall be permitted so long as the lighting is removed on a timely basis as established by the Association. 3. Annoyances. The Board reserves the right to require the removal or modification of any lighting which it reasonably determines to be potentially annoying to neighbors. K. Roofing Materials and Additions 1. Roofing Design. The form and massing of the roof should have a logical relationship to the style and massing of the Dwelling. 2. Roofing Materials. A sample or product data sheet of the proposed shingle to be placed on any existing roof or any new Improvement must be attached to each application submitted to the ARC. The ARC may maintain (but shall not be required to maintain) a chart depicting examples of the acceptable type, quality and color of roofing materials for Dwellings and other Improvements within the Subdivision. Each proposed shingle must be an acceptable type and quality and its color must be harmonious with the color scheme established for the Subdivision. The roofing material must be harmonious with the Dwelling. The color of each roofing material must not only be a wood or earth tone, but also an acceptable shade of a wood or earth tone color. Roofing material shall be asphalt composition shingles, fiberglass composition shingles, or other material approved by the ARC with a life of twenty-five (25) years or better. Wood shingles of any type are prohibited. Felt for all composition roofs must have a weight of at least 30 lbs. Roof soffits shall be wood, plaster or Hardi plank. 3. Roofing Additions. No skylights, solar panels, roof ventilators or similar types of additions shall be permitted on the front of the roof ridge line and/or gable of a structure, and are subject to approval by the ARC. All roof ventilators shall be located to the rear of the ridge line and/or gable of any structure and shall not extend above the highest point of such structure. The ARC shall have the right to approve exceptions to the foregoing in cases where safety or energy conservation and heating/ cooling efficiency require ventilators that, because of a particular roof design, cannot be hidden from public view. The color of roofing additions must match existing roof vents (if any) or be harmonious with the color of roofing materials. L. Window Treatments 1. Awnings. Awnings which are visible from any street shall not be permitted. Awnings on the rear portion of a Lot must be approved by the ARC. The color and materials used are subject to approval by the ARC. 2. Solar Screens and Tint. The color of any solar screens must be harmonious with that of the Dwelling. The frames of the screens must match the color of the window frames of the Dwelling, or must match the color of the solar screen material. If any window is covered, all of the windows on the same side of the Dwelling must also be covered. The width of the screen frames must match individual window size (i.e. double-width screens are not allowed). Frames should have appropriate cross-member support to prevent sagging. Window tint shall be harmonious, shall not be reflective and must be maintained to prevent peeling, cracking, or irregular discoloration. 3. Lateral Windows. A “lateral window” is a transparent window situated in the side wall of a Dwelling. No second story lateral window may be installed in the side wall of a Dwelling that Is located ten (10) feet or less from the side property line unless no portion of the lateral window, measured from the base of the window sill, is nearer than six (6) feet to the finished floor of the room in which it is located. M. Air-Conditioning Equipment Air-conditioning equipment shall not be located in the front of any Dwelling or on the side frontage of any corner Lot unless screened from public view by a solid fence or wall (i.e., landscaping is not acceptable). Air-conditioning equipment located along interior side Lot lines shall also be screened from view from the street in front of the Lot and from view by adjacent Lot owners by a solid fence or wall. No air-conditioning equipment shall be located nearer to a side or· rear property line than three feet (3’), No air-conditioning equipment shall be located on any utility or drainage easement or in a manner that causes water to flow onto an adjacent Lot. N. Basketball Goals A basketball goal may not be installed or erected on Lot without the prior approval of the ARC and shall be subject to the following: 1. Basketball goals must be mounted either on the garage wall or roof with the backboard parallel to the automobile entrance; or on a rigid steel or aluminum pole (no wooden poles). b. All pole-mounted goals must be behind the front building line that extends from the front of the Dwelling or garage parallel to the street. A pole mounted goal may not be nearer to any side or rear property line than the building setback. No pole mounted goals will be allowed along the neighbor's adjoining side of a driveway if a neighbor's first story Dwelling window(s) are exposed. The pole must have a manufacturer's weather resistant finish or be painted black or white. c. The backboard material must be fiberglass or safety glass. The color must be clear (safety glass), gray or white with the exception of the white, black, orange or red manufacturer's outline markings. The rim should be of heavy gauge steel and white, black or orange in color. The net must be maintained in good condition as determined by the ARC. d. The basketball goal, rim and net must be maintained at all times or the basketball goal must be removed. e. The Board may revoke its approval and require removal of any basketball goal which it reasonably determines to be a nuisance to the neighbors. f. Portable basketball goals may not be situated on a Lot forward of the front building line or the side setback line on corner Lots. Portable basketball goals are subject to same requirements specified herein relating to color, materials and maintenance. O. Skateboard Ramps Skateboard ramps are not allowed. P. Landscaping 1. Topiaries. For the purposes of these Guidelines, a "topiary" shall be defined as either a plant or shrub that has been trimmed or formed into a fantastic shape or any ornamental structure composed of or covered with living plant material. The following guidelines apply to topiaries: a. Topiaries require ARC approval. b. Approved topiaries must be maintained so that only living plant material of natural color is exposed. No mesh, substrate, or other non­living supporting structures may be visible at any time. c. Lights within the structure are prohibited. d. Topiaries must be planted in or placed on the ground; they may not be suspended from trees or other structures and may not be mounted on a pole or other visible structure. e. Topiaries may not be located on any utility or drainage easements. f. Topiaries located within a fenced backyard must not be visible from any street and may not exceed at any point a height of eight (8’) feet measured from the ground. g. Topiaries located elsewhere (i.e. other than within a fenced backyard): i) are limited to not more than two (2) topiaries per Lot; ii) must be located within ten (10') feet of the Dwelling or garage; iii) must be set back at least ten (10’) feet from any side street property lines, and at least five (5') feet from any interior property line; h. The ARC reserves the right to require removal or relocation of any topiary (approved or not) which it reasonably determines is not harmonious with the Subdivision. 2. General. As provided in the Declaration, all proposed landscaping on a Lot, whether new landscaping to be installed in conjunction with the construction of a Dwelling or replacement landscaping, is subject to ARC approval. Unless otherwise approved in writing by the ARC, the front and side yard of each Lot must be sodded with grass which shall not be permitted to grow to a height in excess of six inches (6”) measured from the surface of the ground. ________________ Q. Swimming Pools and Spas An application for the construction of a swimming pool, spa or jacuzzi must include a plot plan showing the proposed location of the swimming pool, spa or jacuzzi in relation to the property lines, building lines, easements, existing structures and existing or proposed fences. No pool, spa or jacuzzi may be located nearer to a property line than the building setback. For purposes of determining whether a proposed pool is within an applicable setback, the pool shall be measured from the interior surface of the structure; for purposes of determining whether a proposed spa or jacuzzi is within an applicable setback, the spa or jacuzzi shall be measured from the backside of the structure, not the interior surface of the structure. If any trees are to be removed or relocated, this must also be noted. The application shall also include a timetable for the construction of the pool, spa or jacuzzi. No swimming pool, spa or jacuzzi shall be approved unless the area in which the pool is to be located is either enclosed by a fence constructed of wood or of wrought iron as provided in these Guidelines or such a fence is proposed to he constructed in conjunction with the swimming pool. Spas and jacuzzi must also have an adequate drainage system according to the requirements of any governmental agency having jurisdiction or, in the event there is no governmental agency having jurisdiction, as deemed appropriate of the ARC. Under no circumstances shall water from a swimming pool, spa or jacuzzi be permitted to drain onto the surface of the Lot on which the swimming pool, spa or jacuzzi is situated or onto any adjacent Lot. During construction, the pool area shall be enclosed with a temporary fence or barrier, unless a fence already exists. If a portion of an existing fence is removed during construction, a temporary fence or barrier must be erected to fully enclose the area in which construction is taking place. Further, no building materials shall be kept or stored in the street overnight. Excavated material shall either be used on site or removed from the premises by the pool contractor. No swimming pools may be enclosed with screens. No swimming pool, spa or jacuzzi shall be located on utility or drainage easements or in a manner that causes water to flow on an adjacent Lot. There shall be no above ground pools. R. Structures for Pets No structure for the care, housing or confinement of any animal or bird, except a permitted birdhouse, shall be visible from any street in the Subdivision. All structures for pets shall be located behind the front building line. No such structure shall extend above the fence enclosing the yard in which the structure is located. A structure for a pet shall be located no nearer than three feet (3') from the side and/or rear property line. S. Birdhouses Birdhouses shall be permitted without the approval of the ARC, subject to the following: a. A birdhouse shall be installed in the rear of the Lot only; b. No birdhouses shall be larger than two feet (2') in width, two feet (2') in length and two feet (2') in height; c, No more than two (2) birdhouses shall be permitted on a Lot; d. No birdhouses shall be situated higher than eight feet (8’) above the ground; e. The materials used in the construction of each birdhouse and the color of each birdhouse must be harmonious with the Dwelling and other Improvements on the Lot. T. Driveways and Sidewalks 1. Location. Driveways shall not exceed twenty feet (20') in width, except as required for garage and porte cochere access and then only as approved by the ARC. Sidewalks shall not exceed four feet (4’) in width. Hook-in or circular driveways, in the front of the Dwelling, must be approved by the ARC. The location of each proposed sidewalk must be approved by the ARC. 2. Materials. Driveways and sidewalks shall be paved with concrete, natural stone or unit masonry. Asphalt paving or white portland cement is prohibited. All driveways and sidewalks must be maintained in a manner to retain original structure, texture and color characteristics. U. Fences 1. Wood Fence Construction. Wooden fences facing the front street or along any side street or rear street property line shall be constructed with all pickets on the outside so that no posts or rails are visible from the street. 2. Setback Lines. Fences may not be constructed on a Lot forward of the front line of the Dwelling. 3. Maintenance of Fences. Pickets, rails, or bars that are broken, warped, bent, sagging, or which have otherwise deteriorated must be promptly repaired or replaced. All fences which are stained (on interior surfaces) shall be properly maintained to prevent cracking, chipping, fading or mildewing. 4. Attachments. No structure may be attached to a fence unless otherwise provided by the ARC. 5. Trellis. No trellis is allowed against any surface of a Dwelling, garage, or fence if visible from the street in front of the Dwelling or side street for a corner Lot. If used in a backyard, a trellis may not exceed twelve feet (12') in height, measuring from the ground. V. Signs 1. Home Security Signs. Inconspicuous, discretely placed signs for the purpose of warning of the presence of a home security system are permitted. Each sign shall be from a professional security company and should not exceed one (1) square foot in area. One (1) sign shall be allowed in the front yard of each Lot. Each sign may be mounted on a stake or a wall of the Dwelling or garage. If stake mounted, the top of the sign shall not exceed two feet (2') from the ground level when installed and must be no further than three feet (3’) away from the Dwelling or garage. Signs must be of an acceptable color which Is harmonious with the surrounding structure and landscaping. Acceptable colors for security signs include earth tones, white, black, or dark shades of red, blue or green. The text and overall appearance of the signs must be acceptable and must primarily provide a security warning without prominent advertising of any business. Signs must be maintained in good condition and the Association may require removal of signs which have deteriorated. In addition, home security warning decals may be displayed on first floor windows or doors, provided that each decal is not larger than three inches (3") wide by four inches (4") tall. Not more than one decal may be displayed per window or door; provided the decals do not otherwise violate these Guidelines. 2. Other Types: i) Open House. One (1) temporary open house sign is allowed in front of Dwelling on the day of the open house only. Size: no more than six square feet (6’) overall. ii) School Organization. One (1) school sign is allowed in the planting beds of a Lot not farther than three feet (3) from the outside wall of the Dwelling, unless otherwise approved by the ARC. Maximum Size Allowed: 42” in height and 18” in width. W. Flag Poles The Association encourages its residents to display the American Flag at appropriate times with due respect to national standards. However, flag poles are considered an architectural Improvement and, therefore, require ARC approval. Flags may not be used to advertise or promote any product, service, organization or commercial enterprise. Each Lot may have not more than two (2) removable, wall mounted flag poles or masts, which must be securely attached to the Dwelling or garage. The pole or mast may not exceed thirty-six inches (36") in length from which it is mounted. The pole or mast must be removed whenever the flag is not being displayed. Permanent flag poles are permitted as long as the flags are well-maintained. [Signatures appear on the following pages.] ________________ CERTIFICATION "I, the undersigned, being the President of the Riverbend Planning Committee, Inc., hereby certify that the foregoing Architectural Guidelines was adopted by at least a majority of the Association Board of Directors" By: Todd Mueller, President Print name: Todd Mueller ACKNOWLEDGEMENT STATE OF TEXAS COUNTY OF HARRIS BEFORE ME, the undersigned authority, on this day personally appeared Todd Mueller, President of the Riverbend Planning Committee, Inc., and known by me to be the person whose name is subscribed to the foregoing document and, being by me first duly sworn, declared that he is the person who signed the foregoing document in his representative capacity and that the statements contained therein are true and correct. Given under my hand and seal of office this the 6th day of December, 2011. A close-up of a document Description automatically generated RETURN TO: Holt & Young 11200 Richmond Ave #450 Houston, Texas 77082 ________________ 5. Regulation of Solar Panels - Roof Shingles - Flags - Flag Poles - Religious Items and Rain Barrels RIVERBEND PLANNING COMMITTEE, INC. REGULATION OF SOLAR PANELS, ROOF SHINGLES, FLAGS, FLAG POLES, RELIGIOUS ITEMS AND RAIN BARRELS WHEREAS, the Riverbend Planning Committee, Inc. (the "Association"), a Texas non-profit corporation, which is governed by its Board of Directors (the "Board"), is the governing entity of the Riverbend Addition Subdivision and authorized to enact this Policy; and WHEREAS, these Regulations apply to the operation and utilization of property within the Riverbend Addition Subdivision, an addition in Harris County, Texas, according to the maps or plats thereof, recorded in the Map Records of Harris County, Texas under Clerk's File Number 1121609, and at Volume 43, Page 21, along with any supplements thereto or replats thereof (the Subdivision"); and WHEREAS, Chapter 202 of the Texas Property Code was amended to add Sections 202.010, 202.011, 202.012, 202.018, and 202.007(d) which require the Associations to allow solar panels, certain roofing materials, flags, flag poles, religious items and rain barrels, and authorizes the Association to regulate such items; and WHEREAS, the Board of Directors of the Association desires to· regulate such items by establishing regulations and guidelines relating to solar panels, certain roofing materials, flags, flag poles, religious items and rain barrels in compliance with Chapter 202 of the Texas Property Code and pursuant to the authority granted to the Board by the provisions of the Declaration: NOW THEREFORE, in accordance with the foregoing, the· Riverbend Planning Committee, Inc. hereby adopts the following Regulations on the 6th day of December, 2011, to be effective January 1, 2012. To the extent the regulations contained herein conflict with any previously existing Rules, Regulations or Architectural Guidelines of the Riverbend Planning Committee, Inc., the regulations contained herein control. I. Solar panels are permitted to the extent required by 202.010 of the Texas Property Code, subject to the following regulations: 1) The owner shall first apply to and receive written approval from the ACC prior to installation of any solar panels or other solar items (collectively "Solar Panels") permitted by 202.010. 2) Solar Panels shall be located in a fenced-in yard or patio, OR on the roof of the house or other approved structure, not visible from the front of the structure, and in a location approved by the ACC (subject to any limitation imposed by 202.010), 3) Solar Panels shall be located entirely on the property of the owner erecting the Solar Panels and shall not be located on any other lot, property or common area. 4) When mounted on a structure, no Solar Panel may be higher or wider than the roofline of the structure it is mounted on. 5) When mounted on a structure, the top edge of all Solar Panels shall be parallel with the roofline and shall conform to the slope of the roofline. 6) If located in a fenced-in yard or patio, the Solar Panels shall be lower than the fence line of the yard or patio. 7) Solar Panel frames, brackets, wires and pipes shall be a shade of silver, bronze or black. 8) An Owner wishing to obtain approval of the installation of a solar panel or device that does not comply with any single criteria above must demonstrate that an alternative location will enable the panel or device to generate more than 10% greater production in the alternative location. II. To the extent required by 202.011 of the Texas Property Code, Owners are entitled to install roof shingles designed primarily to be wind and/or hail resistant; shingles that provide heating and cooling efficiencies greater than those provided by customary composite shingles; and shingles that provide solar generation capabilities (collectively referred to as "Alternative Shingles"), subject to the following regulations: An Owner must obtain. prior written authorization of the Architectural Control Committee ("ACC"), to place or install any type of shingle or roofing material on the exterior of any improvement located on a Lot within the Subdivision. Roof Shingles will be approved upon the submission of a proper application to the ACC proposing an installation of roof shingles that is within the parameters set forth in Chapter 202.011 of the Texas Property Code and any other permissible criteria required by the ACC. Roof shingles that satisfy all of the criteria of each subparagraph one through four below will be approved for installation. 1. shingles are either designed primarily to a) be wind and hail resistant; b) provide heating and cooling efficiencies greater than those provided by customary composite shingles; or c) provide solar generation capabilities. 2. the shingles resemble the shingles used on property in the subdivision. 3. the shingles. are more durable than and are of equal or greater quality to the shingles used on property in the subdivision. 4. the shingles match the aesthetics of the property surrounding the owner's property. III. To the extent required by 202.012 of the Texas Property Code, Owners are entitled to display a United States Flag, a Texas State Flag, or a replica flag of any branch of the United States Armed Forces ("Permitted Flags"), and to install a flag pole on their property for the purpose of displaying the Permitted Flags; subject to the following regulations: 1) The Owner shall first apply to and receive written approval from the ACC prior to installation of any flag pole. 2) United States Flags must be displayed in accordance with 4 U.S.C. Sections 5-10. 3) The Texas Flag must be displayed in accordance with Chapter 3100 of the Texas Government Code. 4) Only Permitted Flags may be displayed within the Association. 5) Permitted Flags shall be displayed from a pole attached to a structure OR from a free­ standing pole. Except for flags that are mounted in accordance with 4 U.S.C. Sections 5-10, Permitted Flags may not be draped over or directly attached to structures. For example, a Permitted Flag may not be laid across a fence or stapled to a garage or entry door. 6) A flag pole attached to a structure shall be limited to one per lot, shall be no more than 6 feet long and shall be securely attached by a bracket with an angle of 30 to 45 degrees down from vertical. The flag pole shall be attached in such a matter as to not damage the structure. One attached flag pole is allowed on the front portion of a structure facing the street in a location approved by the ACC. Brackets which accommodate multiple flag poles are prohibited. 7) A flag pole, whether attached to a dwelling or freestanding, shall be constructed of· permanent, long-lasting materials with a finish appropriate to the materials used in the construction of the flag pole and harmonious with the dwelling. Flag poles shall be commercially produced and not home-made, they shall not be constructed of wood or plastic. 8) Only one Permitted Flag may be displayed on a flag pole attached to a structure; up to two Permitted Flags may be displayed on an approved free-standing flag pole that is at least 14 feet tall. 9) The flag display and flag pole shall conform to all setbacks, easements, and zoning ordinances. 10) flags and flag poles must be maintained in good condition; flags and poles that are deteriorating or represent an unsafe condition shall be repaired, replaced or removed. 11) Free-standing flag poles, are limited to one per lot, in a location approved by the ACC in writing, and shall not exceed 20 feet in height (including any ornamental cap) and 9 inches in diameter. Free-standing flag poles shall be permanently installed in the ground according to the manufacturer's instructions. 12) Permitted Flags are limited in size to 3 feet tall by 5 feet wide. 13) Lighting may be installed to illuminate Permitted Flags if they will be displayed at night and if existing ambient lighting does not provide proper illumination. Flag lighting shall be: a) approved in writing by the ACC prior to installation, and b) shall be ground mounted in the vicinity of the flag, and c) shall utilize a fixture that screens the bulb and directs light in the intended direction with minimal spillover, and d) shall point towards the center of the flag and face the main structure on the property or to the center of the property if there is no structure, and e) shall not provide illumination exceeding the equivalent of a 60 watt incandescent bulb. 14) Flag poles shall not generate unreasonable noise levels which would disturb the surrounding residents. In order to minimize noise all flag poles shall utilize vinyl or plastic snap hooks, shall utilize snap hook covers and may secure a rope around the flag pole with a flag pole clasp, or do whatever else is necessary to comply. 15) An owner can only place a flag pole or flag on his own property and no other lot, property or common area. 16) Flag poles are permitted solely for the purpose of displaying Permitted Flags. If a flag pole is not longer used on a daily basis it shall be removed by the Owner. IV. Religious Items related to any faith that is motivated by an Owner's sincere religious belief or tradition, may be displayed, as required by 202.018 of the Texas Property Code, subject to the following regulations: 1) The religious item cannot threaten public health or safety. 2) The religious item cannot violate any law. 3) The religious item cannot contain language, graphics or other display that is patently offensive to a passerby. 4) The religious item must be located on the entry door or entry door frame and cannot extend past the outer edge of the door frame of the dwelling. 5) The maximum space allotted to a religious item or combination of religious items shall be no more than 25 square inches. 6) The Association may remove any item that does not conform to these regulations. V. Rainwater Recovery Barrels or Systems ("Barrels/System") shall be permitted to the extent required by 202.007(d), subject to the following regulations: 1) The Owner shall first apply to and receive written approval from the ACC prior to installation of any Barrels/System. 2) The Barrels/System must be of a color that is consistent with the color scheme of the owner's home. 3) The Barrels/System cannot be located between the front of the owner's home and an adjoining or adjacent street. (the front yard) 4) The Barrels/System must not display any language or other content that is not typically included on the item when it is manufactured. 5) The Association may regulate the size, type, materials and manner of screening for Barrels/System that are visible from the street, another lot, or common area. 6) There must be sufficient area on the owner's property to install the Barrels/System, no Barrels/ System shall be located on or extend onto any property other than the owner's lot. 7) Other than gutters and downspouts conventionally attached to a dwelling or appurtenant structure, all components of the Barrels/ System, such as tanks, barrels, filters, pumps, motors, pressure tanks, pipes and hoses, must be substantially screened from public view from any street or common are. 8) Screening may be accomplished by an approved solid fence, structure or vegetation; by burying the tanks/barrels; or by placing the equipment in an outbuilding approved by the ACC. 9) A rain barrel may be placed in a location visible from public view from any street or common area only if the configuration of the guttering system on the structure precludes screening as described above, so long as: a) the barrel does not exceed 55 gallons, and b) the barrel is installed in close proximity to the structure on a level base with the guttering downspout leading directly to the barrel inlet at a substantially vertical angle, and c) the barrel is fully painted in a single color to blend with the adjacent home or vegetation, and d) any hoses attached to the barrel discharge must be neatly coiled and stored behind or beside the rain barrel in the least visible location when not in use. 10) Overflow lines from a System must not be directed onto or adversely affect adjacent properties or common areas. 11) Inlets, ports, vent, and other ·openings must be sealed or protected with mesh to prevent children, animals and debris from entering the barrels, tanks or other storage devices. Open top storage containers are prohibited, however, where space allows and where appropriate as determined by the Association, ACC approved ponds may be used for water storage. 12) Harvested water must be used and is not allowed to become stagnant or a threat to health. 13) All systems shall be maintained in good repair. Unused systems should be drained and disconnected from the gutters. Any unused Systems in public view must be removed from public view of any street or common area. The Association, through its Board of Directors, shall have and may exercise discretionary authority concerning the restrictive covenants contained herein. RIVERBEND PLANNING COMMITTEE, INC. CERTIFICATION "I, the undersigned, being the President of the Riverbend Planning Committee, Inc., hereby certify that the foregoing Resolution was adopted by at least a majority of the Association Board of Directors.” By: Todd Mueller, President Print name: Todd Mueller ________________ ACKNOWLEDGEMENT STATE OF TEXAS § § COUNTY OF HARRIS § BEFORE ME, the undersigned authority, on this day personally appeared Todd Mueller, President of the Riverbend Planning Committee, Inc., and known by me to be the person whose name is subscribed to the foregoing document and, being by me first duly sworn, declared that he is the person who signed the foregoing document in his representative capacity and that the statements contained therein are true and correct. Given under my hand and seal of office this the 6th day of December, 2011. After Recording Return to: HOLT & YOUNG, P.C. 11200 Richmond Ave., Ste, 450 A stamp with a star and text Description automatically generated Houston, Texas 77082 Close-up of a document with a stamp Description automatically generated ________________ 6. Planning Committee By-Laws BYLAWS OF RIVERBEND PLANNING COMMITTEE, A NONPROFIT CORPORATION ARTICLE 1 OFFICES Principal Office 1.01 The principal office of Riverbend Planning Committee, a nonprofit corporation (hereafter called the "Association") in the State of Texas shall be located at 15 River Circle, Houston, Texas 77063-1502. The Association may have such other offices, either within or without the State of Texas, as the Board of Directors may determine or as the affairs of the Association may require from time to time. Required Office and Registered Agent 1.02 The Association shall have and continuously maintain in the State of Texas a registered office, and a registered agent whose address is identical with such registered office, as required by the Texas Nonprofit Corporation Act. The registered office may be, but need not be, identical with the principal office of the Association in the State of Texas, and the address of the registered office may be changed from time to time by the Board of Directors. ARTICLE 2 MEMBERS Classes of Members 2.01 The Association shall have one class of Members. Membership 2.02 All record owners (an "Owner") of any numbered Lot (a "Lot") on the recorded plat of Riverbend Addition (the "Subdivision") in Harris County, Texas, shall be Members of the Association. Voting Rights 2.03 Each Lot shall receive one (1) vote on all matters of the Association coming to a vote. A Lot physically divided between two (2) Owners shall have no vote. Multiple Lots used for one (1) building site shall have one (1) vote per complete Lot owned. The unanimous decision of each Owner of an interest in the Lot shall be required in order to cast the vote for that Lot, unless the Owners are married, in which event either Owner may cast the vote, provided no written objection has been received by the Board of Directors from the other Owner. Failure to pay assessments on a Lot forfeits an Owner's vote until paid. Votes may be cast by written proxy or power of attorney. Proxies or powers of attorney may not be effective for a period exceeding six (6) months and must be registered with the Board of Directors. As a condition precedent to an Owner's right to vote, the Owner must provide the Board of Directors the following documents: (1) copy of recorded deed; and (2) mailing information and phone number for the Owner. Transfer of Membership 2.04 Membership in this Association is automatically transferred with ownership of a Lot. Address of Members 2.05 Members shall be deemed to have received notices sent to the street address of the Lot owned by a Member (or any one Lot if more than one Lot is owned), unless another address has been provided, in writing to the Association by delivery to its principal office or to the then President by certified mail, return receipt requested. Updated addresses shall become effective fourteen (14) days after receipt. ARTICLE 3 MEETINGS OF MEMBERS Annual Meeting 3.01 An annual meeting of the Members shall be held on third Tuesday of January in each year, beginning with the year 1998, at the hour of 7:00 o'clock p.m., for the purpose of electing Directors and for the transaction of other business as may come before the meeting. If the day fixed for the annual meeting shall be on a legal holiday in the State of Texas, such meeting shall be held on the next succeeding business day. If the election of Directors shall not be held on the day designated herein for any annual meeting, or at any adjournment thereof, the Board of Directors shall cause the election to be held at a special meeting of the Members as soon thereafter as possible. Special Meeting 3.02 Special meetings of the Members may be called by the President, the Board of Directors, or not less than one-tenth of the Members having voting rights. Place of Meeting 3.03 The Board of Directors may designate any place, in Harris County, Texas, as the place of meeting for any annual meeting or for any special meeting called by the Board of Directors. If no designation is made or if a special meeting be otherwise called, the place of meeting shall be the registered office of the Association; but if all of the Members shall meet at any time and place, either within or without the State, and consent to the holding of a meeting, such meeting shall be valid without call or notice, and at such meeting, any corporate action may be taken. ________________ Notice of Meetings 3.04 Written or printed notice stating the place, day, and hour of any meeting of Members shall be delivered, either personally by delivery to the Lot (whether or not the Member is home) or by mail, to each Member entitled to vote at such meeting, not less than five (5) nor more than fifty (50) days before the date of such meeting, by or at the direction of the President, or the Secretary, or the officers or persons calling the meeting. In case of a special meeting or when required by statute or these Bylaws, the purpose or purposes for which the meeting is called shall be stated in the notice. If mailed, the notice of a meeting shall be deemed to be delivered when deposited in the United States mail addressed to the Member at his address as it appears on the records of the Association with postage thereon prepaid. Informal Action by Members 3.05 Any action required by law to be taken at a meeting of the Members or any action which may be taken at a meeting of the Members may be taken without a meeting. If a consent in writing setting forth the action so taken shall be signed by the requisite number of Members as would be necessary to take that action at a meeting in which all the Members of the Association were present. Each written consent shall bear the date of signature of each Member who signs the consent. A written consent signed by less than all Members is not effective to take the action that is the subject of the consent unless within sixty (60) days after the date of the earliest dated consent delivered to the Association in the manner required by this section, the consent(s) signed by the required number of Members is delivered to the Association, its registered office, registered agent, principal place of business, or an officer of the Association, having custody of the books in which the proceedings of meetings of Members are recorded. Delivery shall be by hand or certified or registered mail, return receipt requested. Delivery to the Association's principal place of business shall be addressed to the president. Prompt notice of the taking of any action by members without a meeting by less than unanimous written consent, shall be given to all members who did not consent in writing to the action. A telegram, telex, cable or similar transmission by a Member or a photographic, photostatic, facsimile or a similar reproduction of a writing signed by a Member, shall be regarded as signed by the Member for the purposes of this Section 3.05. Quorum 3.06 The Members holding ten percent (10%) of the votes which may be cast at any meeting shall constitute a quorum at such meeting. If a quorum is not present at any meeting of Members, a majority of the Members present may adjourn the meeting from time to time without further notice. Proxies 3.07 At any meeting of Members, a Member entitled to vote may vote by proxy executed in writing by the Member or by his duly authorized attorney-in-fact. No proxy shall be valid after eleven (11) months from the date of its execution, unless otherwise provided in the proxy. ________________ Voting by Mail 3.08 Where Directors or officers are to be elected or Assessments are proposed to be enacted or raised, such election may be conducted by mail in such manner as the Board of Directors shall determine. ARTICLE 4 BOARD OF DIRECTORS General Powers 4.01 The affairs of the Association shall be managed by its Board of Directors. Directors must be residents of the Subdivisions. Number, Tenure, and Qualifications 4.02 The number of Directors shall be five (5). Each Director shall hold office until the next annual meeting of Members and until his successor shall have been elected and qualified. The Board shall receive no compensation but may be reimbursed for reasonable expenses. Regular Meetings 4.03 A regular annual meeting of the Board of Directors shall be held without other notice than this bylaw, immediately after, and at the same place as, the annual meeting of Members. The Board of Directors may provide by resolution the time and place, either within or without the State of Texas, for the holding of additional regular meetings of the Board without other notice than such resolution. Special Meetings 4.04 Special meetings of the Board of Directors may be called by or at the request of the President or any two Directors. The person or persons authorized to call special meetings of the Board may fix any place, either within or without the State of Texas, as the place for holding any special meetings of the Board called by them. Notice 4.05 Notice of any special meeting of the Board of Directors shall be given at least two days previously thereto by written notice delivered personally or sent by mail or telegram to each Director at his address as shown by the records of the Association. If mailed, such notice shall be deemed to be delivered when deposited in the United States mail so addressed with postage thereon prepaid. If notice be given by telegram, such notice shall be deemed to be delivered when the telegram is delivered to the telegraph company. Any Director may waive notice of any meeting. The attendance of the Director at any meeting shall constitute a waiver of notice of such meeting, except where a Director attends a meeting for the express purpose of objecting to the transaction of any business because the meeting is not lawfully called or convened. Neither the business to be transacted at, nor the purpose of, any regular or special meeting of the Board need be specified in the notice or waiver of notice of such meeting, unless specifically required by law or by these Bylaws. Quorum 4.06 A majority of the Board of Directors shall constitute a quorum for the transaction of business at any meeting of the Board; but if less than a majority of the Directors are present at said meeting, a majority of the Directors present may adjourn the meeting from time to time without further notice. Manner of Acting 4.07 The act of a majority of the Directors present at a meeting at which a quorum is present shall be the act of the Board of Directors, unless the act of a greater number is required by law or by these Bylaws. Vacancies 4.08 Any vacancy occurring in the Board of Directors and any directorship to be filled by reason of an increase in the number of Directors, shall be filled by the Board of Directors. A Director elected to fill a vacancy shall be elected for the unexpired term of his Predecessor in office. Compensation 4.09 Directors shall not receive any compensation for their services, but by resolution of the Board of Directors may be reimbursed for reasonable expenses. Informal Action by Directors 4.10 Any action required by law to be taken at a meeting of Directors, or any action which may be taken at a meeting of Directors, may be taken without a meeting. If a consent in writing setting forth the action so taken shall be signed by the requisite number of Directors as would be necessary to take that action at a meeting in which all the Directors of the Association were present. Each written consent shall bear the date of signature of each Director who signs the consent. A written consent signed by less than all Directors is not effective to take the action that is the subject of the consent unless within sixty (60) days after the date of the earliest dated consent delivered to the Association in the manner required by this section, the consent(s) signed by the required number of Directors is delivered to the Association at its registered office, registered agent, principal place of business, or an officer of the Association having custody of the books in which the proceedings of meetings of Directors are recorded. Delivery shall be by hand or certified or registered mail, return receipt requested. Delivery to the Association's principal place of business shall be addressed to the president. Prompt notice of the taking of any action by Directors without a meeting by less than unanimous written consent, shall be given to all Directors who did not consent in writing to the action. A telegram, telex, cable or similar transmission by a Director or a photographic, photostatic, facsimile or a similar reproduction of a writing signed by a Member, shall be regarded as signed by the Director for the purposes of this Section 4.10. ________________ Telephone Meetings 4.11 All or any one of the Directors may participate in a meeting of Directors by means of conference telephone or similar communication equipment so that all persons participating can hear each other. Participation by such means shall constitute the presence in person at such meeting, except where a person participates in the meeting for the express purpose of objecting to the transaction of any business on the grounds that the meeting is not lawfully called or convened. Liability of the Board 4.12 To the maximum extent allowed by law, the Association shall indemnity the Board of Directors from liability relating to actions taken by the Board of Directors in good faith in their official capacity for the Association. The Members intend that no Director have personal liability for any action taken in good faith in their capacity as a Member of the Board of Directors, except for gross negligence or willful misconduct. The Association shall, if reasonably available, purchase Directors and Officers liability insurance for the benefit of the Board of Directors. Standards and Interpretations 4.13 The Board of Directors, from time to time, may issue regulations, standards and interpretations relating to the Restrictive Covenants affecting the Subdivisions (the "Restrictions"), consistent with the purposes and intent of the Restrictions, as part of the Board of Directors' discretionary authority. Each Owner, Member and Lot are bound by those regulations, standards and interpretations. ARTICLE 5 OFFICERS Officers 5.01 The officers of the Association shall be a President, one Vice President, a Secretary and a Treasurer. The Board of Directors may elect or appoint such other officers, including one or more Assistant Secretaries and one or more Assistant Treasurers, as it shall deem desirable, such officers to have the authority and perform the duties prescribed, from time to time, by the Board of Directors. Any two (2) or more offices may be held by the same person, except the offices of President, Treasurer and Secretary. Election and Term of Office 5.02 The officers of the Association shall be elected annually by the Board of Directors at the regular annual meeting of the Board of Directors. If the election of officers shall not be held at such meeting, such election shall be held as soon thereafter as conveniently may be. New offices may be created and filled at any meeting of the Board of Directors. Each officer shall hold office until his successor shall have been duly elected and shall have qualified. ________________ Removal 5.03 Any officer elected or appointed by the Board of Directors may be removed by the Board of Directors whenever in its judgment the best interests of the Association would be served thereby, but such removal shall be without prejudice to the contract rights, if any, of the officer so removed. Vacancies 5.04 A vacancy in any office because of death, resignation, disqualification or otherwise, may be filled by the Board of Directors for the unexpired portion of the term. A vacancy due to a Block Captain also being an officer shall not be filled. President 5.05 The President shall be the principal executive officer of the Association and shall in general supervise and control all of the business and affairs of the Association. They shall preside at all meetings of the Members and of the Board of Directors. They may sign, with the Secretary or any other proper officer of the Association authorized by the Board of Directors, any deeds, mortgages, bonds, contracts, or other instruments which the Board of Directors have authorized to be executed, except in cases where the signing and execution thereof shall be expressly delegated by the Board of Directors or by these Bylaws or by statute to some other officer or agent of the Association; and in general they shall perform all duties incident to the office of President and such other duties as may be prescribed by the Board of Directors from time to time. Vice President 5.06 In the absence of the President or in the event of his inability or refusal to act, the Vice President shall perform the duties of the President, and when so acting shall have all the Powers of and be subject to all the restrictions upon the President. The Vice President shall perform such other duties as from time to time may be assigned to them by the President or Board of Directors. Treasurer 5.07 If required by the Board of Directors, the Treasurer shall give a bond for the faithful discharge of his duties in such sum and with such surety or sureties as the Board of Directors shall determine. They shall have charge and custody of and be responsible for all funds and securities of the Association; receive and give receipts for moneys due and payable to the Association from any source whatsoever, and deposit all such moneys in the name of the Association in such banks, trust companies, or other depositories as shall be selected in accordance with the provisions of Article 7 of these Bylaws; and in general perform all the duties incident to the office of Treasurer and such other duties as from time to time may be assigned to them by the President or by the Board of Directors. Secretary 5.08 The Secretary shall keep the minutes of the meetings of the Members and of the Board of Directors in one or more books provided for that purpose; give all notices in accordance with provisions of these Bylaws or as required by law; be custodian of the corporate records and of the seal of the Association and affix the seal of the Association to all documents, the execution of which on behalf of the Association under its seal is duly authorized in accordance with the provisions of these Bylaws; keep a register of the post-office address of each Member which shall be furnished to the Secretary by each Member; and, in general, perform all duties incident to the office of Secretary and such other duties as from time to time may be assigned to them by the President or by the Board of Directors. Assistant Treasurer and Assistant Secretaries 5.09 If required by the Board of Directors, the Assistant Treasurers shall give bonds for the faithful discharge of their duties in such sums and with such sureties as the Board of Directors shall determine. The Assistant Treasurers and Assistant Secretaries in general shall perform such duties as shall be assigned to them by the Treasurer or the Secretary or by the President or the Board of Directors. ARTICLE 6 COMMITTEES Committees of Directors 6.01 The Board of Directors, by resolution adopted by a majority of the Directors in office, may designate and appoint one or more committees, which committees, to the extent provided in said resolution shall have and exercise the authority of the Board of Directors in the management of the Association. However, no such committee shall have the authority of the Board of Directors in reference to amending, altering, or appealing the Bylaws; electing, appointing, or removing any Member of any such committee or any Director or officer of the Association; amending the Articles of Incorporation; adopting a plan of merger or adopting a plan of consolidation with another corporation; authorizing the sale, lease, exchange, or mortgage of all or substantially all of the property and assets of the Association; authorizing the voluntary dissolution of the Association or revoking proceedings therefor; adopting a plan for the distribution of the assets of the Association; or amending, altering, or repealing any resolution of the Board of Directors which by its terms provides that it shall not be amended, altered, or repealed by such committee. The designation and appointment of any such committee and the delegation thereto of authority shall not operate to relieve the Board of Directors, or any individual Director, of any responsibility imposed on it by them by law. Other Committees 6.02 Other committees not having and exercising the authority of the Board of Directors in the management of the Association may be designated by a resolution adopted by a majority of the Directors present at a meeting at which a quorum is present. Except as otherwise provided in such resolution, Members of each such committee shall be Members of the Association, and the President of the Association shall appoint the Members thereof. Any Members thereof may be removed by the person or persons authorized to appoint such Member whenever in their judgment the best interests of the Association shall be served by such removal. ________________ Term of Office 6.03 Each Member of a committee shall continue as such until the next annual meeting of the Members of the Association and until his successor is appointed, unless the committee shall be sooner terminated, or unless such Member be removed from such committee, or unless such Member shall cease to qualify as a Member thereof. Chairman 6.04 One Member of each committee shall be appointed chairman by the person or persons authorized to appoint the Members thereof. Vacancies 6.05 Vacancies in the Membership of any committee may be filled by appointments made in the same manner as provided in the case of the original appointments. Quorum 6.06 Unless otherwise provided in the resolution of the Board of Directors designating a committee, a majority of the whole committee shall constitute a quorum and the act of a majority of the Members present at a meeting at which a quorum is present shall be the act of the committee. Rules 6.07 Each committee may adopt rules for its own government not inconsistent with these Bylaws or with rules adopted by the Board of Directors. ARTICLE 7 CONTRACTS, CHECKS, DEPOSITS, AND FUNDS Contracts 7.01 The Board of Directors may authorize any officer or officers, agent or agents of the Association, in addition to the officers so authorized by these Bylaws, to enter into any contract or execute and deliver any instrument in the name of and on behalf of the Association. Such authority may be general or confined to specific instances. Checks and Drafts 7.02 All checks, drafts, or orders for the payment of money, notes, or other evidences of indebtedness issued in the name of the Association shall be signed by such officer or officers, agent or agents of the Association and in such manner as shall from time to time be determined by resolution of the Board of Directors. In the absence of such determination by the Board of Directors, such instruments shall be signed by the Treasurer or an Assistant Treasurer, and countersigned by the President or a Vice President of the Association. Deposits 7.03 All funds of the Association shall be deposited from time to time to the credit of the Association in such banks, trust companies, or other depositories as the Board of Directors may select. Gifts 7.04 The Board of Directors may accept on behalf of the Association any contribution, gift, bequest, or devise for the general purposes or for any special purpose of the Association. ARTICLE 8 BOOKS AND RECORDS 8.01 The Association shall keep correct and complete books and records of account and shall also keep minutes of the proceedings of its Members, Board of Directors, and committees having any of the authority of the Board of Directors, and committees having any of the authority of the Board of Directors, and shall keep at the registered or principal office a record giving the names and addresses of the Members entitled to vote. All books and records of the Association may be inspected by any Member or his agent or attorney for any proper pw-pose at any reasonable time. ARTICLE 9 ASSESSMENTS Right to Assess 9.01 The Association may levy a mandatory assessment on Lots. The assessment shall occur annually at a meeting of the Board. The procedure for levying the assessment shall conform with the requirements of the Restrictions. Authorization of Assessment Amount 9.02 The Association may determine the amount of the annual assessment, as limited by the Restrictions. The assessment shall be uniform throughout the Subdivision. Due Date 9.03 Annual assessments are due by April 1st of each year. Special assessments shall be due as determined by the Board of Directors or as set forth in the Resolution of the Members approving the special assessment. Personal Liability for Assessments 9.04 All annual and special assessments are the personal obligation of the record owner of the Lot (jointly and severally, if more than one) at the time the assessment is due. Each assessment shall bear interest at the rate of the lesser of 6% per annum or the maximum rate allowed by applicable law from the date due until paid. The Association intends to comply with applicable usury laws. In the event the interest, contracted for, charged or received exceeds the maximum legal rate, the excess interest shall be refunded, spread and/or applied to principal to the maximum e>,.'1end allowed by applicable law in order to avoid usury. The Owner is also personally liable for all costs, including attorneys fees, in collecting past due assessments. Default and Termination of Membership Rights 9.06 When any Member shall be in default in the payment of assessments for a period of three (3) months from the date the assessment becomes payable, their Membership may thereupon be suspended by the Board of Directors. The Member shall forfeit all rights of Membership (including voting) until thirty (30) days after the default has been cured. ARTICLE 10 SEAL 10.01 The Board of Directors may provide for a corporate seal which shall be in the form of a circle and shall have inscribed thereon the name of the Association and the words "Corporate Seal of Riverbend, Inc." ARTICLE 11 WAIYER OF NOTICE 11.01 Whenever any notice is required to be given under the provisions of the Texas Nonprofit Corporation Act or under the provisions of the Articles oflncorporation or the Bylaws of the Association, a waiver thereof in writing signed by the person or persons entitled to such notice, whether before or after the time stated therein, shall be deemed equivalent to the giving of such notice. ARTICLE 12 AMENDMENTS TO BYLAWS 12.01 These Bylaws may be altered, amended, or repealed and new bylaws may be adopted by a majority of the Directors present at any regular meeting or at any special meeting, if at least two days' written notice is given of an intention to alter, amend, or repeal these bylaws or to adopt new bylaws at such meeting. ARTICLE 13 PROPERTY OWNERS ASSOCIATION 13.01 The Association is a "Property Owners Association" as that term is defined in TEXAS PROPERTY CODE CHAPTER 204 and has all powers of a Property Owners Association granted therein. ________________ ARTICLE 14 SUCCESSOR TO RIVERBEND, INC. 14.01 The Association is the successor to the rights of Riverbend, Inc., as declarant, in the Restrictions for Riverbend Addition dated December 29,1952 recorded in Volume 2542 at Page 63 of the Deed Records of Harris County, Texas. ADOPTED AT A DULY NOTICED AND HELD MEETING OF THE BOARD OF DIRECTORS OF THE ASSOCIATION HELD ON THE 8th DAY OF Dec., 1997. Directors: A close-up of a paper with signatures Description automatically generated ________________ 7. Records Retention Policy RIVERBEND PLANNING COMMITTEE, INC. RECORDS RETENTION POLICY WHEREAS, the Riverbend Planning Committee, Inc. (the "Association"), a Texas non-profit corporation, which is governed by its Board of Directors (the "Board"), is the governing entity of the Riverbend Addition Subdivision and authorized to enact this Policy; and WHEREAS, this Records Retention Policy applies to the operation and utilization of property within the Riverbend Addition Subdivision, an addition in Harris County, Texas, according to the maps or plats thereof, recorded in the Map Records of Harris County, Texas under Clerk's File Number 1121609 (Volume 43, Page 21), along with any supplements thereto or replats thereof (the Subdivision"); and WHEREAS, Chapter 209 of the Texas Property Code was amended, effective January 1, 2012, to add Section 209.005(m), which requires the Association to adopt and record a policy regarding retention of Association Books and Books and Records and the Board of Directors of the Association desires to establishes such guidelines; and NOW THEREFORE, the Board of Directors of the Association hereby adopts the following Records Retention Policy pursuant to Chapter 209.005(m) of the Texas Property Code and the authority granted to the Board by the provisions of the By-laws: This Records Retention Policy was approved by the Board of Directors for the Riverbend Planning Committee, Inc., on the 6th day of December, 2011, to be effective January 1, 2012. The Association shall maintain its records as follows: RECORD RETENTION PERIOD Certificate of Formation / Articles of Incorporation, Bylaws, Declarations and all amendments to those documents. PERMANENT Association Tax Returns and Tax Audits SEVEN (7) YEARS Financial Books and Records SEVEN (7) YEARS Account Records of Current Owners FIVE (5) YEARS Contracts with a term of more than one year FOUR (4) YEARS AFTER CONTRACT EXPIRES Minutes of Member Meetings and Board Meetings SEVEN (7) YEARS Records not listed above are not subject to mandatory retention, but may be retained at the Association's discretion. The Association, through its Board of Directors, shall have and may exercise discretionary authority concerning the restrictive covenants contained herein. ________________ CERTIFICATION "I, the undersigned, being the President of the Riverbend Planning Committee, Inc., hereby certify that the foregoing Resolution was adopted by at least a majority of the Association Board of Directors.” By: Todd Mueller, President Print name: Todd Mueller ACKNOWLEDGEMENT STATE OF TEXAS § § COUNTY OF HARRIS § BEFORE ME, the undersigned authority, on this day personally appeared Todd Mueller, President of the Riverbend Planning Committee, Inc., and known by me to be the person whose name is subscribed to the foregoing document and, being by me first duly sworn, declared that he is the person who signed the foregoing document in his representative capacity and that the statements contained therein are true and correct. Given under my hand and seal of office this the 6th day of December, 2011. A close-up of a signature Description automatically generated RETURN TO: Holt & Young, P.C. 11200 Richmond Ave., Suite 450 Houston, Texas 77082 A stamp with a star and text Description automatically generated A close-up of a stamp Description automatically generated ________________ 8. Books and Records Production Policy RIVERBEND PLANNING COMMITTEE, INC. BOOKS AND RECORDS PRODUCTION POLICY WHEREAS, the Riverbend Planning Committee, Inc. (the "Association"), a Texas non-profit corporation, which is governed by its Board of Directors (the "Board"), is the governing entity of the Riverbend Addition Subdivision and authorized to enact this Policy; and WHEREAS, this Books and Records Production Policy applies to the operation and utilization of property within the Riverbend Addition Subdivision, an addition in Harris County, Texas, according to the maps or plats thereof, recorded in the Map Records of Harris County, Texas under Clerk's File Number 1121609; and at Volume 43, Page 21, along with any supplements thereto or replats thereof (the Subdivision"); and WHEREAS, Chapter 209 of the Texas Property Code was amended, effective January 1, 2012, to add Section 209.005, which requires the Association to adopt and record a policy regarding guidelines for production of Association Books and Records to owners and the Board of Directors of the Association desires to establishes guidelines in compliance with Chapter 209.005 of the Texas Property Code; and NOW THEREFORE, the Board of Directors of the Association hereby adopts the following Records Production Policy pursuant to Chapter 209 of the Texas Property Code and the authority granted to the Board by the provisions of the By-laws: This Records Production Policy was approved by the Board of Directors for the Riverbend Planning Committee, Inc., on the 6th day of December, 2011, to be effective January 1, 2012. I. Copies of Association Books and Records will be available to all Owners upon their proper request and at their own expense. A proper request: a. is sent certified mail to the Association in care of its President, Todd Mueller: 1205 River Bend Drive, Houston, TX 77063. b. is from an Owner, the Owner's agent, attorney, or certified public accountant; and c. contains sufficient detail to identify the Books and Records being requested. II. Owners may request to inspect the Books and Records OR may request copies of specific Books and Records. If the owner makes a request to inspect the Books and Records, then the Association will respond within 10 business days of the request, providing the dates and times the Books and Records will be made available and the location of the Books and Records. The Association and the owner shall arrange for a mutually agreeable time to condµct the inspection. The Association shall provide the owner with copies of specific documents requested during the inspection upon the owner paying the Association the cost thereof. If the owner makes a request for copies of specific Books and Records, the Association shall, within 10 days of the owner's request, send a response letter advising on the date that the requested copies will be made available (within 15 business days) and the cost the owner must pay before the requested copies will be provided. Upon paying the cost of producing the requested copies, the Association shall provide the requested copies to the owner. III. The Association hereby adopts the following schedule of costs: COPIES 10 cents per page, for a regular 8.5" x 11" page 50 cents per page, for pages 11" x 17" or greater Actual cost, for specialty paper (color, photograph, map, etc…) $1.00 for each CD or audio cassette and $3.00 for each DVD LABOR $15.00 per hour, actual time to locate, compile and reproduce the Books and Records (can only charge if request is greater than 50 pages in length) OVERHEAD 20% of the total labor charge (can only charge if request is greater than 50 pages in length) MATERIALS actual costs of labels, boxes, folders, and other supplies used in producing the Books and Records, along with postage for mailing the Books and Records IV. The Association hereby adopts the following form of response to Owners who request to inspect the Association Books and Records: RIVERBEND PLANNING COMMITTEE, INC. RESPONSE TO REQUEST FOR ASSOCIATION RECORDS April 11, 2012 Dear Homeowner: On April 1, 2012, the Riverbend Planning Committee, Inc. received your request to inspect the books and records of the Association. The books and records of the Association can be made available for you to inspect on regular business days, between the hours of 9:00 a.m. and 5:00 p.m., at 1205 River Bend, Houston, Texas 77063. Please contact the Association at 713-983-3258 to arrange for a mutually agreeable time for you to come and inspect the books and records. Please be advised that if you desire copies of specific records during or after the inspection, you must first pay the associated costs before the copies will be provided to you. A schedule of costs is included with this response. Very Truly Yours, Riverbend Planning Committee, Inc. ________________ V. The Association hereby adopts the following form of response to Owners who request copies of specific records: RIVERBEND PLANNING COMMITTEE, INC. RESPONSE TO REQUEST FOR ASSOCIATION RECORDS April 11, 2012 Dear Homeowner: On April 1, 2012, the Riverbend Planning Committee, Inc. received your request for copies of specific Association records. We are unable to provide you with the requested records within 10 business days of your request. However, the requested records will be available to you no later than 15 business days after the date of this response. In order to obtain the records, you must first pay the Association the cost of providing the records to you. The estimated cost to obtain the records you requested is $_________. Upon receiving payment, the Association will mail the requested documents to you. You may also make arrangements to pick up the documents in person at 1205 River Bend, Houston, Texas 77063. To do so, please call 713-983-3258. Very Truly Yours, Riverbend Planning Committee, Inc. VI. If the estimated cost provided to the Owner is more or less than the actual cost of producing the documents, the Association shall, within 30 days after providing the records, submit to the owner either an invoice for additional amounts owed or a refund of the overages paid by the Owner. VII. Unless authorized in writing or by court order, the Association wilI not provide copies of any records that contain the personal information of an owner, including restriction violations, delinquent assessments, financial information, and contact information. The Association, through its Board of Directors, shall have and may exercise discretionary authority concerning the restrictive covenants contained herein. ________________ RIVERBEND PLANNING COMMITTEE, INC. CERTIFICATION "I, the undersigned, being the President of the Riverbend Planning Committee, Inc., hereby certify that the foregoing Resolution was adopted by at least a majority of the Association Board of Directors on the 6th day of December, 2011.” By: Todd Mueller, President Print name: Todd Mueller ACKNOWLEDGEMENT STATE OF TEXAS § § COUNTY OF HARRIS § BEFORE ME, the undersigned authority, on this day personally appeared the person whose name is subscribed to the foregoing instrument and acknowledged to me that they executed the same as the act of the Association for the purpose and consideration therein expressed and the capacity therein stated. Given under my hand and seal of office this the 6th day of December, 2011. A close-up of a signature Description automatically generated RETURN TO: Holt & Young, P.C. 11200 Richmond Ave., Suite 450 Houston, Texas 77082 A stamp with a star and text Description automatically generated A close-up of a document Description automatically generated ________________ 9. Payment Policy Plan RIVERBEND PLANNING COMMITTEE, INC. PAYMENT PLAN POLICY WHEREAS, the Riverbend Planning Committee, Inc. (the "Association"), a Texas non-profit corporation, which is governed by its Board of Directors (the "Board"), is the governing entity of the Riverbend Addition Subdivision and authorized to enact this Policy; and WHEREAS, this Payment Plan Policy applies to the operation and utilization of property within the Riverbend Addition Subdivision, an addition in Harris County, Texas, according to the maps or plats thereof, recorded in the Map Records of Harris County, Texas under Clerk's File Number 1121609, and at Volume 43, Page 21, along with any supplements thereto or replats thereof (the Subdivision"); and WHEREAS, the Board of Directors of the Association desires to establishes guidelines to administer an installment payment process for delinquent amounts owed to the Association in compliance with Chapter 209 of the Texas Property Code; and NOW THEREFORE, the Board of Directors of the Association hereby adopts the following Payment Plan Policy pursuant to Chapter 209 of the Texas Property Code and the authority granted to the Board by the provisions of the By-laws: This payment plan policy was approved by the Board of Directors for the Riverbend Planning Committee, Inc., on the 6th day of December, 2011, to be effective January 1, 2012. 1) All Owners are entitled to an approved payment plan to pay their annual assessments. 2) All payment plans require a down payment and monthly payments. 3) Upon request, all Owners are automatically approved for a payment plan consisting of 25% down, with the balance paid off in 6 monthly installments. 4) Alternative Payment Plan proposals shall be submitted to and approved by the Association in writing. The Association is not obligated to approve alternative Payment Plan proposals. 5) A Payment Plan must include sequential monthly payments. The total of all proposed payments under the Plan must equal the current balance plus the Payment Plan administrative fees, plus the estimated accrued interest. 6) If an owner requests a Payment Plan that will extend into the next assessment period, the owner shall be required to pay future assessments· by the due date in addition to the payments specified in the Payment Plan. 7) All Payment Plans must be in writing on a form provided by the Association, or a form otherwise approved by the Association. 8) If an owner defaults on the Payment Plan the Payment Plan is terminated. Default of a Payment Plan includes: a. failing to return a signed Payment Plan form with the down payment; b. missing a payment due in a calendar month; or c. failing to pay future assessments by the due date if the Payment Plan extends into the next assessment period. 9) If an owner defaults on a Payment Plan the Association is not obligated to make another Payment Plan with the owner for the next two years after the date of default. 10) No payment plan may last shorter than 3 months or longer than 18 months, although an Owner is not prohibited from paying amounts due to the Association earlier than contemplated by a payment plan. 11) The Association is allowed to charge interest and reasonable administrative costs throughout the payment plan, but may not charge a late fee or any other penalties. The Association, through its Board of Directors, shall have and may exercise discretionary authority concerning the restrictive covenants contained herein. CERTIFICATION "I, the undersigned, being the President of the Riverbend Planning Committee, Inc., hereby certify that the foregoing Resolution was adopted by at least a majority of the Association Board of Directors." By: Todd Mueller, President Print name: Todd Mueller ACKNOWLEDGEMENT STATE OF TEXAS § § COUNTY OF HARRIS § BEFORE ME, the undersigned authority, on this day personally appeared Todd Mueller, President of the Riverbend Planning Committee, Inc., and known by me to be the person whose name is subscribed to the foregoing document and, being by me first duly sworn, declared that he is the person who signed the foregoing document in his representative capacity and that the statements contained therein are true and correct. Given under my hand and seal of office this the 6th day of December, 2011. RETURN TO: Holt & Young, P.C. 11200 Richmond Ave., Suite 450