07-15-2022 Applicant Response to Hualalai Comm. Assoc. Testimony (REMAND SPP-16-188)

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for portions of the Property and any Annexation Property which may be annexed hereto, as provided in Article XV, may include the following: (a) Residential Area. (b) Non-Residential Area. (c) Common Area. (d) Roadway. (e) Future Development Area. Should Declarant wish to establish one or more additional land use classifications which are not included in the foregoing land use classifications, Declarant may, at its option and in its sole discretion, create such land use classifications as will accommodate the particular use, and establish Membership and voting rights and Assessments with respect to Property within such additional land use classifications. Unless otherwise specifically provided in this Declaration, the definitions and characteristics of a designated land use classification, and any use restrictions applicable thereto, shall be determined and as set forth in a Supplemental Declaration. Section 3.2. Designation of Use Classification. The initial Property subject to this Declaration, as described in Exhibit A to this Declaration, including all Lots therein, is hereby classified as within the Residential Area (except for those Lots which are specifically designated or intended as Roadways). Section 3.3. Future Development Area. Declarant may, at any time and at its option and sole discretion, change the land use classification of any portion of the Property classified in this Declaration or in any Supplemental Declaration as "Future Development Area," to accommodate any proposed use or development of such property. Such change in land use classification shall be set forth in a Supplemental Declaration which may be Recorded by Declarant for that portion of the Property. ARTICLE IV Use Restrictions The Property shall be used in accordance with the covenants, conditions, restrictions and easements set forth in this Declaration, any Supplemental Declarations, the Association Rules and the Design Guidelines, as they may be amended from time to time. Nothing herein shall restrict or limit any Supplemental Declaration, the Association Rules and the Design Guidelines from imposing stricter or further standards than those contained in this Declaration upon any one or more land use classifications or Subdistricts. Section 4.1. Hazardous Materials. Each Owner and Occupant shall comply with all federal, state and local statutes, regulations, ordinances, or other rules intended to protect the public health and welfare as related to land, water, groundwater, air or other aspects of the natural environment (the "Environmental Laws"). The Environmental Laws shall include, but are not limited to, those laws regulating the use, generation, storage or disposal of hazardous substances, wastes and materials (collectively, the "Hazardous Materials"). No Pualani Kona 10-9-03 22594-174/282690.9 Page 8