6. In all cases wherein in this instrument provision is made for action to be taken only with the permission of the Town Council, such permission shall be granted only after reasonable public notice, public hearing and a finding by the Town Council that the proposed erection, addition, excavation or topographical change, as the case may be, is in keeping with the landscaping and general surroundings and may be carried out without substantially derogating from the intentions expressed in this instrument.

7. In accordance with Sec. 21-214 (d) (8) of the of the North Kingstown Revised Ordinances, open space may be used for active recreation, passive recreation, conservation, forestry, agriculture, natural buffers, open space and utilities owned and operated by the Homeowners Association for their own use including septic systems and package sewage treatment facilities.

8. Nothing contained herein shall in any manner prevent WICKFORD HIGHLANDS DEVELOPMENT CORP., its successors and assigns, or any developer of the Plat from using the easement area during construction for any purposes associated with the development of the Plat and, in particular, permission is granted to perform such work in the easement area to comply with all necessary or required grades and elevations to secure adequate drainage. The purposes of the easement area relate to all uses after the Plat has been developed and shall in no way interfere with construction procedures while the Plat is being developed.

9. WICKFORD HIGHLANDS DEVELOPMENT CORP. further covenants and agrees that all persons acquiring interests in the easement area as a result of acquiring lots on the Plat will be subject to the restriction that in the event of failure or neglect on the part of said lot owners, their successors and assigns, to maintain the easement area, landscaping and improvements made by it thereon in good condition, the Town of North Kingstown may perform the necessary work and for the purpose may enter in upon the land and do said work and charge the cost thereof, including reasonable attorneys' fees against said individual lot owners proportionate to their interest in said Lot. This proportionate to their interest, their successors, assigns, heirs, executors and administrators.

IN WITNESS WHEREOF, WICKFORD HIGHLANDS DEVELOPMENT CORP. has caused these presents to be executed by Ralph Campanelli, President
duly authorized on the 31^st day of August, 1993.

WICKFORD HIGHLANDS DEVELOPMENT CORP.

BY: RALPH CAMPANELLI
PRESIDENT

STATE OF RHODE ISLAND
COUNTY OF WASHINGTON

In North Kingstown, on this 31^st day of August, 1993, before me personally appeared RALPH CAMPANELLI, President of WICKFORD HIGHLANDS DEVELOPMENT CORP., to me known and known by me to be the party executing the foregoing instrument, and he acknowledged said instrument, by him executed, to be his free act and deed individually, and in his capacity as President of WICKFORD HIGHLANDS DEVELOPMENT CORP. and the free act and deed of said corporation.

John J. Kupa, Jr.
Notary Public
My Commission Expires: 6-18-95

UPON RECORDING PLEASE RETURN TO:
John J. Kupa, Jr., Esquire