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Home My WebLink AboutCorrespondence►��Q:,HWC LETTER OF TRANSMITTAL iY AUG 1 8 Confidence in the built environment. 135 N. Pennsylvania, Suite 2800 Indianapolis, Indiana 46204 www.hwcengineering.com TO: City of Carmel - Planning Dept. DATE: August 18, 2021 One Civic Sq., 31d Floor RE: Windward at Legacy & Carmel, IN 46032 Troy Estates HWC#: 2019-287-A & 2019-305-S ATTN: Planning Dept. FROM: Kyle Eichhorn WE ARE SENDING YOU: COPIES DATE NO. DESCRIPTION 3 Windward Secondary Plat - paper - 18x24 _ 3 Windward Secondary Plat - m lar - 18x� 3 Troy Estates Secondary Plat - paper - 18x24 3 Troy Estates Secondary Plat - mylar - 18x24 - P-- I I ___j REMARKS: Plats for signatures. Please let me know if you have any questions. Thank you, Kyle Indianapolis I Terre Haute I Lafayette I New Albany I Muncie www.hwcengineering.com m, Indiana Department of Environmental Management ., APPLICATION FOR SANITARY SEWER qs Office of Water ouality Facility Construction and Engineering Support Section, 1 CONSTRUCTION PERMIT PER 327 IAC 3 Mail Code 65-42FC s� State Form 63159 (R7 / 2-20) 100 North Senate Avenue, Room N1255 Indianapolis, IN 46204-2251 APPLICANT APPLICANT'SOR . • - Name ® Mr. or ❑ Ms. Name ® Mr. or ❑ Ms. Keith Lash Kristopher K. Eichhhorn Name of Organization Name of Company Lennar Homes of Indiana, Inc. HWC Engineering Address (number and street, city, state, and ZIP) Address (number and street, city, state, and ZIP) 11555 N. Meridian St., Suite 400 135 N. Pennsylvania St., Suite 2800 Carmel, IN 46032 Indianapolis, IN 46204 Telephone Number Telephone Number (317) 659-3200 (317) 981-1249 E-Mail Address E-Mail Address keith.lash@lennar.com keichhorn@hwcengineering.com NAME AND LOCATION OF PROPOSED FACILITY PROJECT DESCRIPTION Name Describe the scope and/or purpose of this project Windward at Legacy Townhomes 142-unit residential townhome development. Location or Project Boundaries 500 feet west of the intersection of Community Drive and Equality Boulevard City or Town Carmel County Hamilton SOURCEOF ❑ IFA's Wastewater State Revolving Fund Loan Program ❑ Local Funds ❑ OCRA's Community Development Block Grant ® Private Funds USDA's Rural Development Loan and Grant Assistance ❑ Other: CERTIFICATION, I swear or affirm, under penalty of perjury as specified by IC 35-44.1-2-1 and other penalties specified by IC 13-30-10 and IC 13-15-7-1(3), that the statements and representations in this application are true, accurate, and complete. Printed Name of Person Signing Kristopher K. Eichhorn Title Project Manager Sig ui f Al, lican Date Signed (month /day/ year) 0 / 13 / 207,d (Please refer to IC 13-30-10 for penalties of submission of false information.) Page 1 of 6 9 }o Z 96ed :uol4soo-1 algeoilddy ION ® epeoildd NCM= d1MM IaLUJsO Aq pap!noid aq lllnn 4u9uaje9aj aa}emelseM jewieO 10 A3!O Aq pap!noid aq lip uoljaldwoo je:4e eoueueluleW lawieO 10 Aj!O Aq pap!noid eq limn uoljona}suoo 6uunp uoljoadsul 00 • paenalno8 Aj!Ienb3 pus anlad ApnwwoO jo uoljoesielui eqj jo glnos 1991 09£ Pus }sane 1991099 pa}sooi aannas AMINes 4oUl-0 � 6ullsixe us o; joeuuoo Ileys aannas Aiepes pasodoid eqi •anup afdeW pue eue7 heo jo uor;oevem egj,jo;seaganos y 0,7 Ajejew.xadde pemool mie;s vg 5wjsrxa ue o; pue anuanyved pue 1a9a;g weld jo uajoesje;ui ay; jo 4sem V 0y pue upou y 0� Ajejewixadde pajeoof camas youi-8 Fufjsixa ue ol;oewoo lfeys jemas luegues pesodoid aUl : afdwex3 •-j UOIJOGUU03 UI U i }} U1 4 U I :4 ul 4 ono undo !sd 00l 6Z-2IoS 6f zzokv1SV Ond yoUi-8 �19Z9`d : afdwex3 p044aW u014elle1sul (led) ssel0 einsseid W3 Jo Has paepUe}S dMMH ao WlSv lelaa}eW a840we!® 41Bua-1 algeollddy ION ® algeoyddy • UI :4 UI 4 u! :4 In0 ued0 V/N 9£-2JGS 17£O£a Wisv OAd UI 9 :4 9b6` L }n0 ued0 V/N 9Z-�IaS K0£a W1Stf Ond Ul 9 :4 LZL ono uedo H/N 4S-&C7S ti80S0 W1SV and 4ou!-8 p 9z9 6 :afdwex3 poy;aW uopelle;sul (led) ssela aanssGJd N(3 ao WIS paepue4s vmmv ao wlsv lelaajeW iejewela 4j6ue-1 algeollddy IONEI elgeoliddy ® - • .mm pdB 09019L � moll u6lssa )Iead O-V I ao;Del BuNead pd6 OZO`VV mOIA u6lsao aBeaand pd6 (;!un/pd6) pd6 (I!un/pd6) pd6 (}!un/pd6) pd6 (I!un/pd6) pd6 OZO`bb ZVL (I!un/pd6) OL£ auaoyunnol Al!we=l aIBUIS pd6 00£16 OS vun1pd5 0t8 sawoy Alpej aj& is : afdwex3 mold u6lsea mun s}Iun;o .iegwnN mun cad mOIA u6lsao panaas smug jo uopdhasea sjuamaAinboM • • . • Y oljejob • i , (OZ-Z / Lei) 69 L£5 wJo-A 91e4£ 10 Iced Part of State Form 53159 (R7 / 2-20) 2. Type of pump (example: submersible, dry pit): 3. Number of pumps: 4. Constant or variable speed: 5. Design pump rate (gpm) and TDH (ft): 6. Operating volume of the wet well (gal): 7. Average detention time in the wet well (min): 8. Type of standby power/pump provisions: 9. Type of alarm: 10. Additional information: • 1. •M ia TP. M. Number of stations: simplex duplex ❑ Applicable ® Not Applicable triplex 2. Number of residential connections per simplex station (two maximum): 3. Design pump rate (gpm) at maximum TDH (ft): 4. Type of alarm: 5. Privately or utility owned and maintained: 6. Additional information: 1. • • Location: ❑ Applicable ® Not Applicable 2. Total volume of vacuum tank (gal): 3. Operating volume of the vacuum tank (gal): 4. Number and size (HP) of vacuum pumps: 5. Number and type of sewage pumps: 6. Constant or variable speed: 7. Design pump rate (gpm) and TDH (ft): 8. Type of standby power/pump provisions: 9. Type of alarm: 10. Additional information: Certification Seal, Signature, and date Printed Name of Engineer or Land Surveyor Kristopher . Eichhorn Si atur Date Signed (month/day/year) 110 \\\\\\111Y111111U11u...1 � K. F�c,,,,�y r PE11400758 1 Z STATE OF a 'y`�"ryM��1811H1Yttt►\\ t\\` A factor of four (4) is prescribed by 327 IAC 3-6-11. However, an alternative peaking factor may be justified by other means (327 IAC 3-6-32) or as provided by Ten State Standards 11.243: Peaking Factor = (18 + VP) / (4 + SIP), where P = population in thousands. Provide pump and system curves and design calculations for TDH. If connecting to an existing force main, provide upstream lift station pump curves and describe how the proposed flow will affect the lift station performance during simultaneous operation. For small diameter low-pressure sanitary sewer systems, provide a spreadsheet that includes the maximum expected simultaneous operation of the proposed grinder pumps, maximum expected flow (gpm) and fluid velocity (ft/sec), static head and accumulated friction loss, and expected accumulated total dynamic head (TDH). The average detention time in the wet well (cycle time between pump on/off settings) should be between 5 and 30 minutes. The cycle time may be calculated from the following equation: Cycle Time = (V / (D - Q)) + (V 10), where D = discharge flow rate out of the wet well (design pump rate) in gpm, Q = inflow rate into wet well (average design flow) in gpm, and V = operating volume of wet well (between pump on/off settings) in gallons. Page 3 of 6 Part of State Form 53159 (R7 / 2-20) CAPACITY CERTIFICATION This form must be filled -out in its entirety with no alterations. Name of Applicant: Lennar Homes of Indiana, Inc. Name of Applicant Representative: HWC Engineering Name of Project: Windward at Legacy Townhomes CERTIFICATION I, John Duffy representing the City of Carmel in my capacity as (Name of individual) (Name of municipality or utility) Utility Director have the authority to act on behalf of the City of Carmel (title) (Name of municipality or utility) certify that I have reviewed and understand the requirements of 327 IAC 3 and that the sanitary collection system proposed, with the submission of this application, plans and specifications, meets all requirements of 327 IAC 3. 1 certify that the daily flow generated in the area that will be collected by the project system will not cause overflowing or bypassing in the collection system other than NPDES authorized discharge points and that there is sufficient capacity in the receiving water pollution treatment/control facility to treat the additional daily flow and remain in compliance with applicable NPDES permit effluent limitations. I certify that the proposed average flow will not result in hydraulic or organic overload. I certify that the proposed collection system does not include new combined sewers or a combined sewer extension to existing combined sewers. I certify that the ability for this collection system to comply with 327 IAC 3 is not contingent on water pollution/control facility construction that has not been completed and put into operation. I certify that the project meets all local rules or laws, regulations and ordinances. The information submitted is true, accurate, and complete, to the best of my knowledge and belief. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment. Average Design Flow (gallons per day) 44,020 Peak Design Flow (gallons per day) 176,080 Owner of Receiving Collection System City of Carmel Name of Wastewater Treatment Plant Carmel WWTP Mailing Address of Certifying Representative (number and street, city, state, and ZIP code) 30 W. Main St Carmel, IN 46032 E-mail Address of Certifying Representative jduffy@carmel.in.gov 1 am certifying for the ® Collection System ® Treatment Facility Signature Date Signed (month /day/ year) (Please refer to /C 13-30-10 for penalties of submission of false information.) Page 4 of 6 Part of State Form 53159 (R712-20) CERTIFICATION OF REGISTERED PROFESSIONAL ENGINEER OR LAND SURVEYOR This form must be filled -out in its entirety with no alterations. Name of Applicant: Lennar Homes of Indiana, Inc. Name of Applicant Representative: HWC Engineering Name of Project: Windward at Legacy Townhomes CERTIFICATION Kristopher K. Eichhorn representing the project applicant, in my capacity as a (Name of Individual) registered professional Engineering (Engineer or Land Surveyor) 11400758 (Indiana registration number) certify the following under penalty of law: The design of this project has been performed under my direction or supervision to assure conformance with 327 IAC 3 and the plans and specifications require the construction of said project to be performed in conformance with 327 IAC 3-6. The peak daily flow rates, in accordance with 327 IAC 3-6-11 generated from within the specific area that will be collected by the proposed collection system that is the subject of the application, plans, and specifications (when functioning as designed and properly installed), will not cause overflowing or bypassing in the same specific area serviced by the proposed collection system other than from NPDES authorized discharge points. The proposed collection system does not include new combined sewers (serving new areas) or a combined sewer extension to existing combined sewers. The sewer at the point of connection is physically in existence and operational. Based upon information provided by the owner of the Wastewater System, the ability for this collection system to comply with 327 IAC 3 is not contingent on downstream water pollution/control facility construction that has not been completed and put into operation. The design of the proposed project meets applicable local rules or laws, regulations and ordinances. The information submitted is true, accurate, and complete, to the best of my knowledge and belief. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment. Average Design Flow (gallons per day) 44,020 Peak Design Flow (gallons per day) 176,080 Owner of Receiving Collection System City of Carmel Name of Wastewater Treatment Plant Carmel WWTP Signature ' Date Signed (month/day/year) 0 / l ZoZo (Please refer to IC 13-30-10 for penalties of submission of false information.) No. ; -� ! PE11400758 z 0`.. STATE OF •` Page 5 of 6 Part of State Form 53159 (R7 / 2-20) IDENTIFICATION OF POTENTIALLY AFFECTED PERSONS Please list any and all persons whom you have reason to believe have a substantial or proprietary interest in this matter, or could otherwise be considered to be potentially affected under law. Failure to notify a person who is later determined to be potentially affected could result in voiding IDEM's decision on procedural grounds. To ensure conformance with Administrative Orders and Procedures Act (AOPA) and to avoid reversal of a decision, please list all such parties. The letter on the opposite side of this form will further explain the requirements under the AOPA. Attach additional names and addresses on a separate sheet of paper, as needed. Name ***SEE ATTACHED LIST`** Address (number and street) City State ZIP Code Name Address (number and street) City State ZIP Code Name Address (number and street) City State ZIP Code Name Address (number and street) City State ZIP Code Name Address (number and street) City State ZIP Code Name Address (number and street) City State ZIP Code CERTIFICATION I certify that to the best of my knowledge I have listed all potentially affected parties, as defined by IC 4-21.5-3-5. Proposed Facility Name City Windward at Legacy Townhomes Carmel Printed Name of Person Signing County Kristopher Eichhorn Hamilton Sign re4 �---- Date Signed (month /day/year) r Page 6 of 6 SUPPLEMENTAL DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS, AND RESTRICTIONS FOR WINDWARD AT LEGACY Hamilton County, Indiana Cross Reference: Instrument Numbers 2008055153 and 2013002731 TABLE OF CONTENTS ARTICLE I. Section 1.1. Section 1.2. Section 1.3. Section 1.4. Section 1.5. Section 1.6. Section 1.7. Section 1.8. Section 1.9. Section 1.10. Section 1.11. Section 1.12. Section 1.13. Section 1.14. Section 1.15. Section 1.16. Section 1.17. Section 1.18. Section 1.19. Section 1.20. Section 1.21. Section 1.22. Section 1.23. Section l.24. Section 1.25. Section 1.26. Section 1.27. Section 1.28. Section 1.29. Section 1.30. Section 1.31. Section 1.32. Section 1.33. Section 1.34. Section 1.35. Section 1.36. Section 1.37. Section 1.38. Section 1.39. Section 1.40. Section 1.41. Section 1.42. Section 1.43. Section 1.44. DEF1NITIONS ................................................................................................ 7 “Amenity Articles” ......................................................................................... 7 “Amenity Association” .................................................................................... 7 “Amenity Board” ............................................................................................. 7 “Amenity Bylaws” ........................................................................................... 7 “Amenity Declaration” .................................................................................... 7 “Articles” ......................................................................................................... 7 “Authority Transfer Date” ............................................................................... 7 “Board of Directors” ........................................................................................ 7 “Budget Meeting” ............................................................................................ 7 “Bylaws” .......................................................................................................... 7 “City” ............................................................................................................... 7 “Common Expenses” ....................................................................................... 8 “Corporation ..................................................................................................... 8 “County” .......................................................................................................... 8 “Development Period” .................................................................................... 8 “Dwelling Unit” ............................................................................................... 8 “Exterior Maintenance ..................................................................................... 8 “Federal Agencies” .......................................................................................... 8 “HOA Act” ...................................................................................................... 8 “Limited Common Areas” ............................................................................... 8 “Limited Common Facilities ............................................................................ 8 “Local Governing Authority” .......................................................................... 9 “Lot” ................................................................................................................ 9 “Maintenance Costs” ....................................................................................... 9 “Majority” ........................................................................................................ 9 “Member” ........................................................................................................ 9 “Mortgagee” .................................................................................................... 9 “Owner” ........................................................................................................... 10 “Parcel” ............................................................................................................ 10 “Parcel Applicable Date” ................................................................................ 10 “Parcel Regular Assessment” .......................................................................... 10 “Parcel Special Assessment” ........................................................................... 10 “Party Wall”..................................................................................................... 10 “Permitted Signs” ............................................................................................ 10 “Person”.…………………………………………………………………….. 10 ''Recorder's Office” .......................................................................................... 10 “Restrictions” ................................................................................................... 10 “Selected Amenity Director” ......................................................................... 11 “Selected Corporate Director” ....................................................................... 11 “Structure” ..................................................................................................... 11 “Supplemental Association” ............................................................................ 11 “Supplemental Board”...................................................................................... 11 “Supplemental Declarant” .............................................................................. 11 “Supplemental Declaration” .......................................................................... 11 ARTICLE II. ARTICLE III. Section 3.1. Section 3.2. ARTICLE IV. Section 4.1. Section 4.2. Section 4.3. ARTICLE V. Section 5.1. Section 5.2. Section 5.3. Section 5.4. Section 5.5. Section 5.6. Section 5.7. Section 5.8. Section 5.9. Section 5.10. Section 5.11. Section 5.12. Section 5.13. Section 5.14. Section 5.15. Section 5.16. ARTICLE VI. Section 6.1. Section 6.2. Section 6.3. Section 6.4. Section 6.5. Section 6.6. Section 6.7. Section 6.8. Section 6.9. Section 6.10. Section 6.11. Section 6.12. Section 6.13. Section 6.14. Section 6.15. Section 6.16. Section 6.17. Section 6.18. Section 6.19. Section 6.20. MEMBERSHIP 11 VOTING RIGHTS Classes ............................................................................................................ 11 Multiple Ownership Interests ........................................................................ 12 SUPPLEMENTAL DECLARATION OF RESTRICTIONS AND STATEMENT OF PROPERTY RIGHTS………………………………… 12 Supplemental Declaration .............................................................................. 13 Property Rights .............................................................................................. 13 Limited Common Area ................................................................................... 15 ASSESSMENTS ............................................................................................ 16 Creation of the Lien and Personal Obligation for Assessments ..................... 16 Purpose of Assessment……………………………………………………… 17 Annual Accounting…………………………………………………………. 17 Proposed Annual Budget. ...............................................................................17 Establishment of Parcel Regular Assessment ................................................. 18 Parcel Regular Assessments ........................................................................... 18 Parcel Special Assessments ............................................................................ 19 Quorum for any Action Authorized Under Sections 5.6 or 5.7 ...................... 19 Working Capital Assessment ......................................................................... 20 Rate of Assessment ........................................................................................ 20 Notice of Assessment and Certificate............................................................. 20 Remedies of the Supplemental Association in the Event of Default .............. 20 Subordination of the Lien to Mortgages ........................................................ 22 Exempt Property ............................................................................................. 22 Replacement Reserve Fund ............................................................................ 22 Books and Records ......................................................................................... 23 USE, RESTRICTIONS AND ARCHITECTURAL CONTROLS ................ 23 Residential Use ............................................................................................... 23 Architectural Review Board Approval. .......................................................... 23 Laundry .......................................................................................................... 24 Sight Lines ..................................................................................................... 24 Lot Maintenance ............................................................................................. 24 Additions to Landscape Improvements .......................................................... 24 Nuisance ......................................................................................................... 24 Signs............................................................................................................... 25 Animals .......................................................................................................... 25 Trash Storage .................................................................................................. 25 Antennae Systems .......................................................................................... 26 Painting and Exterior Design ......................................................................... 26 Finished Exteriors ......................................................................................... 26 Fences ............................................................................................................ 27 Vehicles ......................................................................................................... 27 Commercial Vehicles .................................................................................... 27 Recreational Vehicles .................................................................................... 27 Towing ...........................................................................................................27 Garage Usage .................................................................................................27 Rental Agreements ........................................................................................ 27 Section 6.21. Section 6.22. Section 6.23. Section 6.24. Section 6.25. Section 6.26. Section 6.27. Section 6.28. Section 6.29. Section 6.30. Section 6.31. Section 6.32. Section 6.33. Section 6.34. Section 6.35. Section 6.36. ARTICLE VII. Section 7.1. Section 7.2. Section 7.3. Section 7.4. Section 7.5. Section 7.6. Section 7.7. Section 7.8. Section 7.9. Section 7.10. ARTICLE VIII. Section 8.1. Section 8.2. Section 8.3. Section 8.4. Section 8.5. Section 8.6. Section 8.7. Section 8.8. Section 8.9. ARTICLE IX. ARTICLE X. Section 10.1. Initial Construction and Marketing ................................................................ 28 Dusk to Dawn Lights ..................................................................................... 28 Garages .......................................................................................................... 28 Storage Facilities ........................................................................................... 28 Awnings ......................................................................................................... 28 Mailboxes ...................................................................................................... 29 Address Markers ............................................................................................ 29 Pools and Hot Tubs ....................................................................................... 29 Play Equipment ............................................................................................. 29 Basketball Goals ............................................................................................ 29 Business Use .................................................................................................. 29 Landscaping of Limited Common Areas ...................................................... 29 Supplemental Declarant's Use ....................................................................... 30 Non-applicability to Supplemental Association ............................................ 30 Additional Rules and Regulations ................................................................. 30 Personal Property Forward of Front Foundation Line ................................... 30 ARCHITECTURAL REVIEW BOARD ...................................................... 31 The Architectural Review Board ................................................................... 31 Removal and Vacancies ................................................................................. 31 Officers .......................................................................................................... 31 Duties ............................................................................................................ 31 Failure to Act ................................................................................................. 32 Discretion ...................................................................................................... 32 Enforcement .................................................................................................. 32 Appeal ........................................................................................................... 32 Liability of the Architectural Review Board, Supplemental Declarant, Supplemental Association ............................................................................. 33 Inspection ...................................................................................................... 33 EASEMENTS ............................................................................................... 33 General Easement Rights .............................................................................. 33 Limitation on General Easement Rights ........................................................ 34 Plat Easements ............................................................................................... 34 Encroachments .............................................................................................. 35 Ingress/Egress Easement ............................................................................... 36 Reservation of Right to Grant Future Easements .......................................... 36 Bonds and/or Dedication Requirements ........................................................ 36 Easements for Corrective Work .................................................................... 36 Reciprocal Cross-Easements for Adjoining Dwelling Units ......................... 36 PARKING ..................................................................................................... 37 PARTY WALLS ........................................................................................... 37 General Rules of Law to Apply ..................................................................... 37 Section 10.2. Section 10.3. Section 10.4. Section 10.5. Section 10.6. ARTICLE XI. Section 11.1. Section 11.2. Section 11.3. Section 11.4. Section 11.5. Section 11.6. Section 11.7. ARTICLE XII. Section 12.1. Section 12.2. Section 12.3. Section 12.4. Section 12.5. ARTICLE XIII. Section 13.1. Section 13.2. Section 13.3. Section 13.4. Section 13.5. Section 13.6. Section 13.7. Section 13.8. Section 13.9. Section 13.10. Section 13.11. Section 13.12. Section 13.13. Section 13.14. Section 13.15. ARTICLE XIV. Section 14.1. Section 14.2. Section 14.3. Section 14.4. Section 14.5. Sharing of Repair and Maintenance and Destruction by Fire or Other Casualty .......................................................................................................... 37 Repairs for Damage Caused by One Owner ................................................ 38 Use; Other Changes ....................................................................................... 38 Right to Contribution Runs with the Parcel; Failure to Contribute ............... 38 Dispute .......................................................................................................... 38 POWERS AND DUTIES OF THE SUPPLEMENTAL ASSOCIATION ... 39 Discretionary Powers and Duties ................................................................... 39 Mandatory Powers and Duties ..................................................................... 41 Limitation on Supplemental Association Action ......................................... 42 Board of Directors Authority to Act ............................................................ 42 Compensation ............................................................................................... 43 Non-liability of Directors, Officers and Board Members .............................. 43 Indemnity of Directors and Officers and Members of the Architectural Review Board................................................................................................. 43 RIGHTS OF MORTGAGEES ....................................................................... 44 Veterans Administration ................................................................................ 44 Federal Housing Authority ........................................................................... 45 Freddie Mac ................................................................................................... 45 Fannie Mae..................................................................................................... 46 Genera1 ......................................................................................................... 48 GENERAL PROVISIONS .......................................................................... 49 Enforcement ................................................................................................... 49 Severability; Headings; Conflicts ................................................................ 49 Duration ........................................................................................................ 49 Material Amendment/Extraordinary Action ................................................ 50 Amendment .................................................................................................... 51 Special Amendment ....................................................................................... 52 Consent of Declarant of Master Declaration ................................................. 52 Waiver ........................................................................................................... 52 Casualty Insurance ....................................................................................... 52 Withdrawable Real Estate ............................................................................ 53 Management Contracts .................................................................................. 53 Dissolution ..................................................................................................... 53 Negligence ..................................................................................................... 54 Acceptance and Ratification .......................................................................... 54 Perpetuities ..................................................................................................... 54 RELATIONSHIP OF SUPPLEMENTAL DECLARATION TO MASTER DECLARATION ......................................................................................... 54 Subject to Master Declaration and Amenity Declaration .............................. 54 Selected Amenity Director ............................................................................. 55 Selected Corporate Director ........................................................................... 55 Creation of Lien and Personal Liability of Assessments ............................... 55 General Community Rules…………………………………………………..56 6 SUPPLEMENTAL DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS, AND RESTRICTIONS FOR WINDWARD AT LEGACY THIS SUPPLEMENTAL DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS, AND RESTRICTIONS FOR WINDWARD AT LEGACY (THE “SUPPLEMENTAL DECLARATION”) IS MADE AS OF _________________, 2021 BY LENNAR HOMES OF INDIANA, INC., A DELAWARE CORPORATION (''SUPPLEMENTAL DECLARANT''). RECITALS: A. Supplemental Declarant is the owner of a certain parcel of real estate located in Hamilton County, Indiana, which is more particularly described on Exhibit A attached hereto and incorporated herein by this reference (the “Parcel”); and B. Supplemental Declarant desires to create on the Parcel a residential community (the “Community”) which shall have permanent open spaces and other common facilities for the benefit of the residents of the Community; and C. Supplemental Declarant desires to provide for the preservation of the values of the Community and such other areas as may be subjected to this Supplemental Declaration, and to provide for the maintenance of the open spaces and other facilities, and, to this end, declare and publish its intent to subject the Parcel to the covenants, conditions, restrictions, easements, charges and liens hereinafter set forth, it being intended that they shall run with title to the Parcel and shall be binding on all persons or entities having or acquiring any right, title or interest in the Parcel or any part thereof and shall inure to the benefit of each owner thereof; and D. Supplemental Declarant has deemed it desirable for the efficient preservation of the values of the Community to create an association to be known as the Windward at Legacy Homeowners Association, Inc., an Indiana not-for-profit corporation, to which shall be delegated and assigned the powers of owning, maintaining and administering the Limited Common Areas (as defined below) and facilities located within the Parcel, administering and enforcing the covenants and restrictions made in and pursuant to this Supplemental Declaration with respect to the Parcel, collecting and disbursing the assessments and charges hereafter created with respect to the Parcel, and promoting the recreation, health, safety and welfare of the owners of the Parcel and all parts thereof; and E. This Supplemental Declaration is a Supplemental Declaration, as that term is defined in the Master Declaration of Covenants and Restrictions of The Legacy (the “Master Declaration”) recorded in the Recorder’s Office (as defined below) on November 5th, 2008, as Instrument No. 2008055153, as amended from time to time. NOW, THEREFORE, Supplemental Declarant, for and in consideration of the premises and the covenants contained herein, grants, establishes and conveys to each owner of each Lot (as herein defined), mutual, non-exclusive rights, privileges and easements of enjoyment on equal terms and in common with all other owners of Lots in and to the use of 7 any Limited Common Areas and facilities; and further, Supplemental Declarant declares that the Parcel shall be held, transferred, sold, conveyed, hypothecated, encumbered, leased, rented, used, improved, and occupied subject to the provisions, agreements, covenants, conditions, restrictions, reservations, easements, assessments, charges and liens hereinafter set forth, all of which are for the purpose of protecting the value and desirability of, and shall run with, the Parcel and be binding on all parties having any right, title or interest in the Parcel or any part thereof, their respective successors and assigns, and shall inure to the benefit of Supplemental Declarant and the successors in title to the Parcel or any part or parts thereof. ARTICLE I. DEFINITIONS Section 1.1. “Amenity Articles” shall mean and refer to the articles of incorporation of the Amenity Association. Section 1.2. “Amenity Association” shall mean and refer to The Legacy Amenity Association, Inc. established as directed by the Amenity Declaration. Section 1.3. “Amenity Board” shall mean and refer to the board of directors of the Amenity Association. Section 1.4 “Amenity Bylaws” shall mean and refer to the bylaws of the Amenity Association. Section 1.5. “Amenity Declaration” shall mean and refer to the Amenity Overlay Declaration of Covenants and Restrictions of the Legacy recorded in the Recorder’s Office on January 11, 2013, as Instrument No. 2013002731, as amended from time to time. Section 1.6. “Articles” shall mean and refer to the Articles of Incorporation of the Association, as the same may be amended from time to time. Section 1.7. “Authority Transfer Date” shall have the meaning ascribed thereto in Section 3.1 of this Supplemental Declaration. Section 1.8. “Board of Directors” shall mean the elected body having its normal meaning under Indiana corporate law. Section 1.9. “Budget Meeting” shall mean the annual or special meeting of the Association at which the Owners shall be asked to approve the Association’s budget for a particular fiscal year. Section 1.10. “Bylaws” shall mean and refer to the Bylaws of the Association, as the same may be amended from time to time. Section 1.11. “City” shall mean the City of Carmel, Indiana. 8 Section 1.12. “Common Expenses” shall mean and refer to (i) expenses of administration of the Association, (ii) expenses for the upkeep, maintenance, repair and replacement of Limited Common Areas, (iii) expenses for the Exterior Maintenance, (iv) all sums lawfully assessed against the Owners by the Association, and (v) all other sums, costs and expenses declared by this Supplemental Declaration to be Common Expenses. Section 1.13. “Corporation” shall mean The Legacy Governing Association, Inc., an Indiana nonprofit corporation, its success and assigns, created pursuant to the Master Declaration. Section 1.14. “County” shall mean the County of Hamilton, Indiana. Section 1.15. “Development Period” means the period of time commencing with Supplemental Declarant's acquisition of the Parcel and ending when Supplemental Declarant, or an affiliate or subsidiary of Supplemental Declarant, has completed the development and sale of all of the Lots and the Limited Common Area, and no longer owns, any Lot. Section 1.16. “Dwelling Unit” shall mean any improvement to the Parcel intended for any type of independent ownership for use and occupancy as a residence by a single household and shall, unless otherwise specified, include within its meaning (by way of illustration but not limitation) a townhouse and a detached home. Section 1.17. “Exterior Maintenance” shall mean the painting of the exterior faces of the walls of the Dwelling Units, including associated trim. Section 1.18. “Federal Agencies” shall mean (by way of illustration but not limitation) the Federal Housing Authority, the Federal National Mortgage Association, the Government National Mortgage Association, the Federal Horne Loan Mortgage Corporation, the Department of Housing and Urban Development, the Veterans Administration or any other governmental agency. Section 1.19. “HOA Act” shall mean Article 32-25 of the Indiana Code. Section 1.20. “Limited Common Area” or “Limited Common Areas” shall mean and refer to all real property (including the improvements thereto) owned by the Association for the common use and enjoyment of the Members which is located on the Parcel and identified or designated as a Limited Common Area by the Supplemental Declarant, in the Supplemental Declarant’s discretion. Section 1.21. “Limited Common Facilities” shall mean (i) all improvements located on the Parcel including, without limitation, paths, common sidewalks, common lighting, bicycle racks, walls, fences and landscaping, (ii) any Private Streets and (iii) entry ways, street trees, street lights, signs, turf, bicycle racks and any and all infrastructure not maintained by the City per the City’s Maintenance Code, as amended, which are located within or adjacent to public streets internal to the Parcel. 9 Section 1.22. “Local Governing Authority” shall mean the City and/or the County, individually or collectively. Section 1.23. “Lot” shall mean and refer to any discrete plot of land created by and shown on a lawfully recorded subdivision plat of the Parcel upon which a Dwelling Unit could be constructed in accordance with applicable zoning ordinances; provided, however, that where a Dwelling Unit (i) is separated from an adjacent Dwelling Unit by a Party Wall, or (ii) shares a Party Wall with an adjacent Dwelling Unit, the center line of such Party Wall and its vertical extensions shall constitute the common boundary line (lot line) between adjacent Lots, and the closure of the boundary lines of such adjacent Lots shall be accomplished by extending perpendicular lines from the horizontal extremities of such Party Wall to the closest boundary line or lines for such Lots as shown on any Plat or any part thereof, provided, however, further that where any exterior wall of a Dwelling Unit is not a Party Wall, but extends outside the boundary lines (lot lines) of any Lot (as shown on any such Plat or part thereof) upon which such Dwelling Unit is primarily located, the boundary lines of such Lot shall be deemed to include all of the ground area occupied by such Dwelling Unit. It is the intent hereof that, in any and all events in which a boundary line as shown on any Plat or part thereof does not coincide with the actual location of the respective wall of the Dwelling Unit because of inexactness of construction, settling after construction, or for any other reason, this Supplemental Declaration and any Plat or any part thereof shall be interpreted and construed so that all ground area underlying beneath a Dwelling Unit shall be and constitute part of the Lot upon which such Dwelling Unit is primarily located to the end that all of such ground area shall be subject to fee simple ownership by the Owner of such Dwelling Unit; to the extent necessary to accomplish and implement such intention, interpretation and construction, the boundary lines of the Lots shall be determined in accordance with the foregoing definitional provisions and boundary lines as so determined shall supersede the boundary lines for Lots shown on any Plat or part thereof. Section 1.24. “Maintenance Costs” means all of the costs necessary to keep the facilities to which the term applies operational and in good condition, including but not limited to the cost of all upkeep, maintenance, repair, replacement, of all or any part of any such facility, payment of all insurance with respect thereto, all taxes imposed on the facility and on the underlying land, leasehold, easement or right-of-way, and any other expense related to continuous maintenance, operation or improvement of the facility. Section 1.25. “Majority” means at least fifty-one percent (51%) of the votes of the Members. Section 1.26. “Member” shall mean and refer to every person or entity who holds a membership in the Association, as more particularly set forth in Article II below. Section 1.27. “Mortgagee” shall mean and refer to any person or entity holding a first mortgage on any Lot or the Limited Common Area who has notified the Association of this fact in writing. An “Eligible Mortgagee” shall be a Mortgagee who has given notice to the Association of its interest and requested all rights afforded Eligible Mortgagees under Article XII. 10 Section 1.28. “Owner” shall mean and refer to the record owner, whether one (1) or more persons or entities, of the fee simple title to any Lot, including a contract seller but excluding those holding such interest in a Lot solely by virtue of a contract to purchase a Lot or as security for the performance of an obligation. If more than one (1) person or entity is the record owner of a Lot, the term Owner as used herein shall mean and refer to such owners collectively, so that there shall be only one (1) Owner of each Lot. Section 1.29. “Parcel” shall mean that certain real property located in Hamilton County, Indiana, which is more specifically described on Exhibit A attached hereto and incorporated herein by reference, together with all easements, rights, and appurtenances thereto, as the same has been subdivided and platted, and any additions thereto which, from time to time, may be subjected to the covenants, conditions, restrictions, reservations, easements, charges and liens of this Supplemental Declaration. Section 1.30. “Parcel Applicable Date” shall mean the date that Supplemental Declarant has voluntarily relinquished its rights as the Supplemental Declarant under this Supplemental Declaration, as established by written notice by the Supplemental Declarant to the Supplemental Association. The written document by which Supplemental Declarant establishes the Parcel Applicable Date may allow Supplemental Declarant to reserve the rights to require Supplemental Declarant’s prior written approval of certain actions by the Supplemental Association. Section 1.31. “Parcel Regular Assessments” shall mean and refer to assessments levied against all Lots to fund Common Expenses. Section 1.32. “Parcel Special Assessments” shall mean and refer to assessments levied in accordance with Section 5.7 of this Supplemental Declaration. Section 1.33. “Party Wall” shall mean each wall that is built as a part of the original construction of a Dwelling Unit and placed on the dividing line between Lots. Section 1.34. “Permitted Signs” shall mean (i) customary real estate sale or lease signs which have received the prior written approval of the Architectural Review Board (as defined in Article VI below); and (ii) temporary construction and wooden home signage. Section 1.35. “Person” shall mean an individual, firm, corporation, partnership, association, trust, or other legal entity, or any combination thereof. Section 1.36. “Recorder's Office” shall mean the Office of the Recorder of Hamilton County, Indiana. Section 1.37. “Restrictions” shall mean and refer to the agreements, conditions, covenants, restrictions, easements, assessments, charges, liens, and other provisions set forth in this Supplemental Declaration with respect to the Parcel, as the same may be amended from time to time. 11 Section 1.38. “Selected Amenity Director” shall mean and refer to the member of the Supplemental Board selected by the Supplemental Board to serve on the Amenity Board. Section 1.39. “Selected Corporate Director” shall mean and refer to the member of the Supplemental Board selected by the Supplemental Board to serve on the Corporate Board, after the Parcel Applicable Date, per the terms of the Master Declaration, the Corporate Articles and the Corporate Bylaws, as each such term is defined in the Master Declaration. Section 1.40. “Structure” shall mean any temporary or permanent improvement or building or portion thereof, including, without limitation, walls, decks, patios, stairs, windows, window boxes, roofs, doors, fences, play equipment, trampolines, greenhouses, skylights, address markers, mail boxes, name plates, flag poles, lawn ornaments, trees, hedges, shrubbery, solar panels, satellite dishes, antennae, shutters, awnings, fences, pools, hot tubs, pavement, walkways, driveways, garages and/or garage doors, or appurtenances to any of the aforementioned. Section 1.41. “Supplemental Association” shall mean and refer to the Windward at Legacy Homeowners Association, Inc., an Indiana not-for-profit corporation, and its successors and assigns. Section 1.42. “Supplemental Board” shall mean the board of directions of the Supplemental Association. Section 1.43. “Supplemental Declarant” shall mean and refer to Lennar Homes of Indiana, Inc., a Delaware corporation, or any successors or assigns to whom the foregoing assigns any or all of its rights as Supplemental Declarant pursuant to this Supplemental Declaration by assignment recorded in the Recorder's Office. Section 1.44. “Supplemental Declaration” shall mean this Supplemental Declaration of Covenants, Conditions and Restrictions for Windward at Legacy, which is to be recorded in the Recorder's Office. ARTICLE II. MEMBERSHIP Every Owner of a Lot which is subject to this Supplemental Declaration shall be a Member of the Supplemental Association. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assessment by the Supplemental Association. Ownership of such Lot shall be the sole qualification for membership. No Owner shall have more than one (1) membership in the Supplemental Association for each Lot it owns. ARTICLE III. VOTING RIGHTS Section 3.1. Classes. The Supplemental Association shall have two (2) classes of voting membership as follows: 12 Class A: Class A Members shall be all Members with the exception of the Class B Member. A Class A Member shall be entitled to one (1) vote for each Lot in which it holds the interest required for membership pursuant to Article II herein with respect to each matter submitted to a vote of Members upon which the Class A Members are entitled to vote. Class B: The Class B Member shall be Supplemental Declarant and all successors and assigns of Supplemental Declarant designated by Supplemental Declarant as Class B Members in a written notice mailed and delivered to the resident agent of the Supplemental Association. A Class B Member shall be entitled to three (3) votes for each Lot in which it holds the interest required for membership pursuant to Article II herein. Supplemental Declarant's Class B membership interest shall be converted to and shall become a Class A membership interest with one (1) vote for each Lot in which it holds an interest upon the happening of any of the following events, whichever occurs first (the “Authority Transfer Date”): (a) the date upon which at least ninety-five percent (95%) of the Lots have been transferred to an Owner other than Supplemental Declarant; or (b) seven (7) years from the date of recordation of this Supplemental Declaration; or (c) sixty (60) days after the date upon which Supplemental Declarant abandons construction, which shall be defined as when no new Dwelling Unit construction has been initiated for a period of eighteen (18) sequential months, unless there is evidence of continuing construction. Section 3.2. Multiple Ownership Interests. When more than one (l) Person constitutes the Owner of a particular Lot, all of such Persons shall be Members of the Supplemental Association, but all of such Persons, collectively, shall have only one (l) vote for such Lot. The vote for such Lot shall be exercised as such Persons constituting the Owner of the Lot determine among themselves, and may be exercised by any one (1) of the Persons holding such ownership interest, unless any objection or protest by any other holder of such ownership interest is made prior to the completion of a vote, in which case the vote cast for such Lot shall not be counted, but the Member whose vote is in dispute shall be counted as present at the meeting for quorum purposes if the protest is lodged at such meeting. In no event shall more than one (1) vote be cast with respect to any Lot. ARTICLE IV. SUPPLEMENTAL DECLARATION OF RESTRICTIONS AND STATEMENT OF PROPERTY RIGHTS 13 Section 4.1. Supplemental Declaration. Supplemental Declarant hereby expressly declares that the Parcel shall be held, transferred and occupied subject to these Restrictions. The Owners of each Lot are subject to these Restrictions, and all other Persons, whether (i) by acceptance of a deed from Supplemental Declarant, or its successors or assigns, conveying title thereto, or the execution of a contract for the purchase thereof, whether from Supplemental Declarant or a subsequent Owner of such Lot, or (ii) by the act of occupancy of any Lot, shall conclusively be deemed to have accepted such deed, executed such contract and undertaken such occupancy subject to each Restriction and agreement herein contained. By acceptance of such deed, or execution of such contract, or undertaking such occupancy, each Owner and each other Person for itself, its heirs, personal representatives, successors and assigns, acknowledges the rights and powers of Supplemental Declarant, the Architectural Review Board and of the Supplemental Association with respect to these Restrictions, and also, covenants, agrees and consents to and with Supplemental Declarant, the Architectural Review Board, the Supplemental Association, and the Owners and subsequent Owners of each of the Lots affected by these Restrictions, to keep, observe, comply with and perform such Restrictions and agreements. Section 4.2. Property Rights. Every Owner shall have an undivided right, interest, and easement of use, access, and enjoyment in and to the Limited Common Areas, and such easement shall be appurtenant to and shall pass with the title to every Lot, subject to: (a) this Supplemental Declaration, as it may be amended from time to time, and to any restrictions, limitations or other matters contained in any deed conveying any part of the Parcel to the Supplemental Association; (b) the right of the Supplemental Association to limit the number of guests of Members on the Limited Common Area or to make any part of the Limited Common Area available to occupants of adjacent real estate or members of the general public; (c) the right of the Supplemental Association to adopt and enforce rules and regulations governing the use of the Limited Common Area and the personal conduct of Owners, occupants and guests thereon, including, without limitation, the imposition of fines for the violation thereof; (d) the right of the Supplemental Association to impose reasonable membership requirements and charge reasonable admission or other fees for the use of any recreational facility situated upon the Limited Common Area; (e) the right of the Supplemental Association to suspend (i) the Members' voting rights, (ii) the Members' right to run for office within the Supplemental Association, and (iii) rights of a Member to the use of any nonessential services offered by the Supplemental Association, provided that access and the provision of utilities to the Lot through the Limited Common Area shall not be precluded, for (x) any period during which any assessment against such Member's Lot remains unpaid for a period of more than six (6) months (or such lesser period as may be permitted under the HOA Act), or (y) for a period not to exceed sixty (60) days for any infraction of its published rules and regulations; 14 (f) the right of the Supplemental Association at any time, or upon dissolution of the Supplemental Association, and consistent with the then-existing zoning and subdivision ordinances of the City and/or the County and consistent with its designation of the Limited Common Area as “open space”, to transfer all or any part of the Limited Common Area to an organization conceived and organized to own and maintain common open space, or, if such organization will not accept such a transfer, then to a Local Governing Authority or other appropriate governmental agency, or, if such a transfer is declined, then to another entity in accordance with the laws governing the same, for such purposes and subject to conditions as may be agreed to by the Members. Except in the case of dissolution, any such transfer shall have the assent of at least two-thirds (2/3) of each class of Members entitled to vote and who are voting in person or by proxy at a meeting duly called for this purpose at which a quorum is present, written notice of which must have been sent to all Members not less than twenty-five (25) days nor more than fifty (50) days in advance of the meeting setting forth the purpose of the meeting. Upon such assent and in accordance therewith, the officers of the Supplemental Association shall execute the necessary documents to effectuate the transfer under this subparagraph (f). The re- subdivision or adjustment of the boundary lines of the Limited Common Area and the granting of easements by the Supplemental Association shall not be deemed a transfer within the meaning of this Article; (g) the right of the Supplemental Association to grant, with or without payment to the Supplemental Association, licenses, rights-of-way and easements under, across, through or over any portion of the Limited Common Area; (h) the right of the Supplemental Association to lease the Limited Common Area; provided, however, that such lease(s) must: (i) be only to non-profit organizations; (ii) prohibit assignment and subleasing; (iii) require the prior, written approval of the Supplemental Association with respect to the lessee(s)' uses of the Limited Common Area and facilities, all of which must be in accordance with this Supplemental Declaration; (iv) be consistent with the then-existing ordinances of the Local Governing Authority; and (v) be consistent with the open space designation of the Limited Common Area; (i) the right of Supplemental Declarant or the Supplemental Association to re- subdivide and/or adjust the boundary lines of the Limited Common Area consistent with applicable zoning and subdivision ordinances as either deems necessary for the orderly development of the subdivision; 15 (j) all rights reserved by Supplemental Declarant in Article VIII hereof; and (k) the right of Supplemental Declarant to erect, maintain and operate real estate sales and construction offices, displays, signs and other facilities for sales, marketing and construction purposes. The Supplemental Association, acting through the Board of Directors, may exercise these rights without the need for any approval from any Member, Mortgagee or any of the Federal Agencies, unless provided otherwise in this Supplemental Declaration. Section 4.3. Limited Common Area. (a) Ownership. Supplemental Declarant may retain legal title to the Limited Common Area during the Development Period, but shall convey title to the Limited Common Area to the Supplemental Association, free and clear of all liens and other financial encumbrances, exclusive of the lien for taxes not yet due and payable, no later than the end of the Development Period. The Limited Common Areas shall remain private, and neither Supplemental Declarant's execution, or recording of an instrument portraying the Limited Common Areas, nor the doing of any other act by Supplemental Declarant is, or is intended to be, or shall be construed as, a dedication to the public of the Limited Common Areas. Supplemental Declarant or the Supplemental Association may, however, dedicate or transfer all or any part of the Limited Common Areas to any public agency or utility for roadways, utility or parks purposes, or for other public purposes. (b) Maintenance. The Supplemental Association shall be responsible for maintaining the Limited Common Area and the Maintenance Costs thereof shall be included within Common Expenses and assessed as a Parcel Regular Assessment against all Lots subject to assessment. Notwithstanding anything to the contrary set forth in this Supplemental Declaration, beginning upon the date upon which the first Lot is conveyed by Supplemental Declarant to an Owner, the Supplemental Association shall be solely responsible for all costs incurred with respect to the maintenance and repair of the Limited Common Area, whether or not such Limited Common Area has then been conveyed to the Supplemental Association pursuant to this Supplemental Declaration, and regardless of whether such costs are incurred by Supplemental Declarant or an affiliate. All Maintenance Costs incurred by Supplemental Declarant or an affiliate shall be reimbursed by the Supplemental Association within ten (10) days of the Supplemental Association's receipt of an invoice from the party incurring such costs. (c) Control. The Supplemental Association, subject to the rights of Supplemental Declarant and the Owners set forth in this Supplemental Declaration, shall be responsible for the exclusive management and control of the Limited Common Areas and all improvements thereon and, shall keep the Limited Common Areas in good, clean, attractive and sanitary condition, order, and repair. (d) No Permanent Structures. Except for underground utility facilities, and except as provided in this Supplemental Declaration, no permanent improvements shall 16 be made to or installed on the Limited Common Area other than lighting, seating, walkways, paved paths, planting structures, and fountains or other non-recreational water features. The use of the Limited Common Area shall be subject to rules and regulations adopted by the Board of Directors which are not inconsistent with the provisions of this Supplemental Declaration. (e) Delegation of Use. Any Member may delegate its right of enjoyment to the Limited Common Area and facilities to the members of its immediate household, its tenants or contract purchasers who reside on the Member's Lot. However, by accepting a deed to such Lot, each Owner, for itself, individually, covenants that (i) every rental agreement with respect to the Lot shall contain specific conditions which require the tenant thereunder to abide by all Supplemental Association covenants, rules and regulations, without exception, (ii) each such tenant will be provided, prior to the execution of such lease, a complete set of all Supplemental Association covenants, rules and regulations, and (iii) the Owner shall comply with the requirements of Section 6.20. (f) Damage or Destruction by Owner. In the event any Limited Common Area is damaged or destroyed by an Owner or any of his guests, tenants, licensees, agents, members of his family, or any other Person having or gaining access to the Owner's Lot, such Owner authorizes the Supplemental Association to repair said damaged area, and an amount equal to the costs incurred to effect such repairs shall be assessed against such Owner as a Parcel Special Assessment and shall constitute a lien upon the Lot of said Owner until paid in full. The Supplemental Association shall repair said damaged area in a good and workmanlike manner in conformance with the original plans and specifications of the area involved, or as the area may have been modified or altered subsequently by the Supplemental Association in the discretion of the Supplemental Association. (g) Density of Use. Supplemental Declarant expressly disclaims any warranties or representations regarding the density of use of the Limited Common Areas or any facilities located thereon. ARTICLE V. ASSESSMENTS Section 5.1. Creation of the Lien and Personal Obligation for Assessments. Each Owner of a Lot covenants and agrees that, by acceptance of a deed therefor, whether or not it shall be so expressed in any such deed or other instrument of conveyance, to pay to the Supplemental Association: (a) Parcel Regular Assessments, (b) Parcel Special Assessments, and any other amounts as may be provided for hereunder to be due from any Owner in connection with his ownership of a Lot. Such assessments are to be established and collected as hereinafter provided. The Supplemental Association's Parcel Regular Assessments and Parcel Special Assessments, together with interest thereon, late fees (as contemplated in Section 5.6(c) below) and costs of collection thereof, as hereinafter provided, shall be assessed against each applicable Owner's Lot and shall be a continuing lien upon the Lot against which each assessment is made. Each such assessment, together with interest, costs, 17 and reasonable attorneys' fees, shall also be the personal obligation of the person who was the Owner of such Lot at the time the assessment became first due. The Parcel Regular Assessments and Parcel Special Assessments, when assessed upon resolution of the Board of Directors for each year, shall become a lien on each Lot in the amount of the entire Parcel Regular Assessment or Parcel Special Assessment, but shall be payable in four equal installments collected on a quarterly basis or as otherwise decided upon by the Board of Directors. Section 5.2. Purpose of Assessment. The assessments levied by the Supplemental Association shall be used to promote the recreation, health, safety and welfare of the residents and Owners of the Parcel, and for the improvement, maintenance and landscaping of the Common Area, including but not limited to the payment of taxes, construction of improvements and maintenance of services, facilities, irrigation/sprinkler systems, trees, lawns, shrubbery and other plantings, and devoted to these purposes or related to the use and enjoyment of the Limited Common Area or other property which the Supplemental Association has the obligation to maintain including, but not limited to, the maintenance, repair, payment and reimbursement obligations of the owner of the Parcel with respect to other property and improvements thereupon and for such other purposes as the Board of Directors may determine to be appropriate. Section 5.3. Annual Accounting. Annually, after the close of each fiscal year of the Supplemental Association and prior to the date of the annual meeting of the Supplemental Association next following the end of such fiscal year, the Board of Directors shall cause to be prepared and furnished to each Owner a financial statement prepared by a certified public accountant or firm of certified public accountants then serving the Supplemental Association, which statement shall show all receipts and expenses received, incurred and paid during the preceding fiscal year. Any costs charged to the Supplemental Association for the preparation of said statements shall be a Common Expense. Section 5.4. Proposed Annual Budget. Annually, on or before the date of the annual Budget Meeting, the Board of Directors shall cause to be prepared a proposed annual budget for the next ensuing fiscal year that: (i) estimates the total amount of the Common Expenses for such next ensuing fiscal year; (ii) estimates the total amount of the revenue the Supplemental Association expects to receive during such next ensuing fiscal year, including Parcel Regular Assessments; and (iii) estimates the amount of surplus or deficit at the end of the then current fiscal year. Following the completion of such a budget for a particular fiscal year and prior to its corresponding Budget Meeting, the Supplemental Association shall either (i) furnish a copy of such proposed budget to each Owner, or (ii) notify each Owner that the proposed budget is available upon request at no additional charge to that Owner. The annual budget shall be submitted to the Owners at the Budget Meeting for adoption and, if so adopted, shall be the basis for the Parcel Regular Assessments for the next ensuing fiscal year. At such Budget Meeting, the budget may be approved in whole or in part or may be amended in whole or in part by a Majority vote of the Owners; provided, however, that in no event shall such meeting of the Owners be adjourned until an annual budget is approved and adopted at such meeting, whether it be the proposed annual budget or the proposed annual 18 budget as amended. The annual budget, the Parcel Regular Assessments and all sums assessed by the Supplemental Association shall be established by using generally accepted accounting principles applied on a consistent basis. The failure or delay of the Board of Directors to prepare a proposed annual budget and to furnish a copy thereof to the Owners shall not constitute a waiver or release in any manner of the obligations of the Owners to pay the Common Expenses as herein provided, whenever determined. In the event there is no annual budget approved by the Owners as herein provided for the current fiscal year, whether before or after the Budget Meeting, the Owners shall continue to pay Parcel Regular Assessments based upon the last approved budget or, at the option of the Board of Directors, Parcel Regular Assessments based upon one hundred and ten percent (110%) of such last approved budget. Section 5.5. Establishment of Parcel Regular Assessment. The Supplemental Association must levy in each of its fiscal years a Parcel Regular Assessment against each Lot. The amount of such Parcel Regular Assessment shall be established by the Board of Directors, and written notice of the same shall be sent to every Owner at least thirty (30) days in advance of the commencement of each Parcel Regular Assessment period. Parcel Regular Assessments against each Lot shall be paid in advance, payable in four equal quarterly installments. The initial Parcel Regular Assessment levied by the Supplemental Association for each Lot shall be adjusted according to the number of days remaining in the period for which such initial assessment was levied. All payments of Parcel Regular Assessments and Parcel Special Assessments shall be non-refundable, and all collections and funds held by the Supplemental Association on account thereof shall be appurtenant to and be applied for the benefit of the respective Lot. In no event shall any Owner be due any rebate or credit from the Supplemental Association upon resale or other transfer or conveyance for prepaid Parcel Regular Assessments or Parcel Special Assessments. Section 5.6. Parcel Regular Assessments. (a) The amount of the Parcel Regular Assessment shall be determined as provided in Section 5.5, above. (b) The Parcel Regular Assessment against each Lot shall be paid in quarterly installments, each of which is paid in full in advance by the due dates specified by the Board of Directors, the first of which due date shall not be earlier than fifteen (15) days after the written notice of such Parcel Regular Assessment is given to the Owners. Quarterly installments of Parcel Regular Assessments shall be due and payable automatically on their respective due dates without any notice from the Board of Directors or the Supplemental Association, and neither the Board of Directors nor the Supplemental Association shall be responsible for providing any notice or statements to Owners for the same. If an Owner fails to pay any quarterly installment of any such Parcel Regular Assessment on or before the due date established by the Board of Directors, a late fee in an amount determined by the Board of Direction, which shall not exceed $150, will be added to the amount due, and any 19 such installment, together with such late fee, will be and remain, immediately due and payable. (c) Payment of the Parcel Regular Assessment shall be made to the Board of Directors or a managing agent, as directed by the Board of Directors. (d) The Parcel Regular Assessment for each fiscal year of the Supplemental Association shall become a lien on each separate Lot as of the first day of each fiscal year of the Supplemental Association, even though the final determination of the amount of such Parcel Regular Assessment may not have been made by that date. Section 5.7. Parcel Special Assessments. In addition to the Parcel Regular Assessment authorized above, the Supplemental Association may levy, in any assessment year, a Parcel Special Assessment applicable to that year for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of capital improvements upon the Limited Common Area, including the fixtures and personal property related thereto, or for any other specified purpose. Without limiting the generality of the foregoing provisions, Parcel Special Assessments may be made by the Board of Directors from time to time to pay for capital expenditures and to pay for the cost of any repair or reconstruction of damage caused by fire or other casualty or disaster to the extent insurance proceeds are insufficient therefor under the circumstances described in this Supplemental Declaration. Except in the case of damage or destruction caused by an Owner or any of his guests, tenants, licensees, agents, members of his family, or any other Person having or gaining access to the Owner's Lot as contemplated by Section 4.3(f) any such Parcel Special Assessment shall be levied against all of the Lots which benefit from the construction, reconstruction, repair or replacement of capital improvements giving rise to the Parcel Special Assessment, pro rata according to each Lot's benefit, as reasonably determined by the Board of Directors, which determination shall be final. In the case of damage or destruction caused by an Owner or any of his guests, tenants, licensees, agents, members of his family, or any other Person having or gaining access to the Owner's Lot as contemplated by Section 4.3(f) the Parcel Special Assessment may be levied solely against that Owner. Notwithstanding the fact that in some instances, this Supplemental Declaration may provide that certain items of routine and ordinary repair and maintenance should be performed by the Supplemental Association, the Supplemental Association shall nevertheless retain the right to assess the costs thereof to any Owner or group of Owners as a Parcel Special Assessment. To be effective, any such Parcel Special Assessment shall have the assent of more than two-thirds (2/3) of the votes of each class of Members who are entitled to vote and who are voting in person or by proxy at a meeting duly called for this purpose at which a quorum is present, and written notice setting forth the purpose of the meeting must have been sent to all Members not less than thirty (30) days nor more than sixty (60) days in advance of the meeting. Section 5.8. Quorum for any Action Authorized Under Sections 5.6 or 5.7. At the first calling of a meeting under Section 5.7 of this Article, the presence at the meeting of Members or proxies entitled to cast sixty percent (60%) of all the votes with respect to each class of Members shall constitute a quorum. If the required quorum does not exist at any such meeting, 20 another meeting may be called subject to the notice requirements set forth in Section 5.7 and subject further to applicable law, and the required quorum at any such subsequent meeting shall be one-half (l/2) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting. Section 5.9. Working Capital Assessment. In addition to the Parcel Regular and Parcel Special Assessments authorized above, the Supplemental Association shall establish and maintain a working capital fund. At the closing of each sale or other transfer of a Lot, the purchaser of such Lot shall pay to the Supplemental Association a working capital assessment in an amount equal to one-sixth (1/6th) of the then current Parcel Regular Assessment for said Lot (a “Working Capital Assessment”), which payment shall be non-refundable and shall not be considered as an advance payment of an assessment or other charge owed to the Supplemental Association with respect to such Lot. The Working Capital Assessment shall be used as determined by Supplemental Declarant in its sole and reasonable discretion. Section 5.10. Rate of Assessment. The Parcel Regular Assessment shall be fixed at a uniform rate for all Lots, except for Lots owned by Supplemental Declarant. Except in the case of damage or destruction caused by an Owner as contemplated by Section 4.3(f), and except for Lots owned by Supplemental Declarant, the Parcel Special Assessments shall be fixed at a uniform rate for all Lots which benefit from the construction, reconstruction, repair or replacement of capital improvements giving rise to the Parcel Special Assessment, pro rata according to each Lot's benefit, as reasonably determined by the Board of Directors, which determination shall be final. Notwithstanding the foregoing or anything else contained herein, no Parcel Regular Assessments or Parcel Special Assessments or other charges shall be owed or payable by Supplemental Declarant with respect to any Lot or other portion of the Parcel owned by Supplemental Declarant while the same is owned by Supplemental Declarant, nor shall any such assessments or charges become a lien on any such Lot or other portion of the Parcel owned by Supplemental Declarant. Section 5.11. Notice of Assessment and Certificate. Written notice of the Parcel Regular Assessments and any Parcel Special Assessments shall be sent to every Member. The due dates for payment of the Parcel Regular Assessments and any Parcel Special Assessments shall be established by the Board of Directors. The Supplemental Association shall, upon written demand by a Member at any time, furnish a certificate in writing signed by an officer or authorized agent of the Supplemental Association setting forth whether the assessments on a specified Lot have been paid and the amounts of any outstanding assessments. A reasonable charge may be made by the Board of Directors for the issuance of these certificates, which charge shall be paid to the Board of Directors in advance by the requesting Member. Such certificates shall be conclusive evidence of payment of any assessment therein stated to have been paid. Section 5.12. Remedies of the Supplemental Association in the Event of Default. Each Owner shall be personally liable for the payment of all Parcel Regular Assessments and Parcel Special Assessments against his Lot. Where the Owner constitutes or consists of more than one Person, the liability of such Persons shall be joint and several. If any assessment pursuant 21 to this Supplemental Declaration is not paid within thirty (30) days after its initial due date, the assessment shall bear interest from the date of delinquency at the rate charged by the Internal Revenue Service on delinquent taxes. In addition, in its discretion, the Supplemental Association may: (a) impose a penalty or late charge if previously established by the Supplemental Association; (b) bring an action at law against the Owner personally obligated to pay the same and/or foreclose the lien against the Lot, and interest, costs and reasonable attorneys' fees of any such action shall be added to the amount of such assessment. A suit to recover a money judgment for nonpayment of any assessment levied pursuant to this Supplemental Declaration, or any installment thereof, may be maintained without perfecting, foreclosing or waiving the lien provided for herein to secure the same; (c) suspend a Member's right to hold an office within the Supplemental Association, and right to use nonessential services offered by the Supplemental Association, provided that access and the provision of utilities to the Lot through the Limited Common Area shall not be precluded. A Member whose rights have been suspended in this manner, shall have no right to any refund or suspension of his obligations to pay such assessments or any other assessments becoming due for the duration of such suspension or otherwise; (d) accelerate the due date of the unpaid assessment so that the entire balance shall become immediately due, payable and collectible; and (e) suspend a Member's voting rights if the Owner is more than six (6) months delinquent in the payment of any assessment. No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Limited Common Area or facilities, abandonment of its Lot, or the failure of the Supplemental Association or the Board of Directors to perform their respective duties. In any action to foreclose the lien against a Lot pursuant to Section 5.12(b) above, the Owner and any occupant of the Lot and Dwelling Unit which are the subject of such action shall be jointly and severally liable for the payment to the Supplemental Association of reasonable rental for such Lot and Dwelling Unit, and the Board of Directors shall be entitled to the appointment of a receiver for the purpose of preserving the Lot and Dwelling Unit and to collect the rentals and other profits therefrom for the benefit of the Supplemental Association to be applied to the unpaid Parcel Regular Assessments or Parcel Special Assessments. The Board of Directors may, at its option, bring a suit to recover a money judgment for any unpaid Parcel Regular Assessment or Parcel Special Assessment without foreclosing (and without thereby being deemed to have waived) the lien securing the same. 22 In any action to recover any Parcel Regular Assessment or Parcel Special Assessment, or any other debts, dues or charges owed the Supplemental Association, whether by foreclosure or otherwise, the Board of Directors, for and on behalf of the Supplemental Association, shall be entitled to recover from the Owner of the respective Lot and Dwelling Unit all of the costs and expenses incurred as a result of such action (including, but not limited to, reasonable attorneys' fees) and interest upon all amounts due at the rate of twelve percent (12%) per annum, which shall accrue from the date such assessments or other amounts become first due, until the same are paid in full. Section 5.13. Subordination of the Lien to Mortgages. The lien for the assessments provided for herein shall be subordinate to the lien of any properly recorded first mortgage encumbering a Lot. Notwithstanding anything contained in this Section 5.13 or elsewhere in this Supplemental Declaration, any sale or transfer of a Lot to a Mortgagee pursuant to a foreclosure of its mortgage or conveyance in lieu thereof, or a conveyance to any person at a public sale in the manner provided by law with respect to mortgage foreclosures, shall not extinguish the lien of any unpaid assessments (or periodic installments, if applicable) which became due prior to such sale, transfer or conveyance, and that the extinguishment of such lien shall not relieve the prior Owner from personal liability therefor; and further provided, that any Person taking title to such Lot in the foregoing manner shall have no right to use the non-essential services or amenities of the Parcel until such time as all assessments due with respect to such Lot have been paid in full. No such sale, transfer or conveyance shall relieve the Lot, or the purchaser thereof at such foreclosure sale, or the grantee in the event of conveyance in lieu thereof, from liability for any assessments (or periodic installments of such assessments, if applicable) thereafter becoming due or from the lien for such assessments. Section 5.14. Exempt Property. The following portions of the Parcel shall be exempt from the assessments created by this Supplemental Declaration: (a) those portions of the Parcel that are dedicated to and accepted by a local public authority; and (b) the Limited Common Area. Except as otherwise provided in Section 5.10 hereof, no developed or undeveloped Lot, land or improvements devoted to dwelling use shall be exempt from said assessments. Section 5.15. Replacement Reserve Fund. The Supplemental Association shall establish and maintain a reserve fund (“Replacement Reserve Fund”) for the maintenance, repair and replacement of the Limited Common Area and improvements located thereon by the allocation and payment to such reserve fund of an amount to be designated from time to time by the Board of Directors, which reserve fund shall be sufficient, in the sole opinion of the Board of Directors, to accommodate such future maintenance, repair and replacement and which shall be a component of the Parcel Regular Assessment. The Replacement Reserve Fund (i) shall be conclusively deemed to be a Common Expense of the Supplemental Association, (ii) shall be maintained by the Supplemental Association in a separate, interest bearing account or accounts with any banking institution, the accounts of which are insured by any state or by any agency of the United States of America as selected by the Board of Directors, and (iii) may be expended only for the purpose of effecting the replacement of the 23 Limited Common Area, major repairs to, replacement and maintenance of any improvements within the Limited Common Area, including but not limited to, sidewalks, parking areas, landscape improvements, street or Limited Common Area lighting, streets or roadways developed as a part of the Parcel, equipment replacement, and for start-up expenses and operating contingencies of a nonrecurring nature relating to the Limited Common Area. The Supplemental Association may establish such other reserves for such other purposes as the Board of Directors may from time to time consider necessary or appropriate. The proportional interest of any Member in any such reserves shall be considered an appurtenance of the Member's Lot and shall not be separately withdrawn, assigned or transferred or otherwise separated from the Lot to which it appertains and shall be deemed to be transferred with such Lot. Section 5.16. Books and Records. The Supplemental Association shall provide any Owner or Owners with financial information regarding the operation of the Supplemental Association as and to the extent required under the HOA Act. ARTICLE VI. USE RESTRICTIONS AND ARCHITECTURAL CONTROLS Section 6.1. Residential Use. The Parcel shall be used exclusively for residential purposes except as provided in Section 6.31 hereof. Supplemental Declarant reserves the right, pursuant to a recorded subdivision or re-subdivision plat, to alter, amend, and change any Lot line or subdivision plan or plat. No structure shall be erected, altered, placed or permitted to remain on any Lot other than one (1) Dwelling Unit and appurtenant structures, approved by the Supplemental Association and appropriate Local Governing Authorities, for use solely by the occupant(s) of the Dwelling Unit. Section 6.2. Architectural Review Board Approval. No Structure or addition to a Structure shall be erected, placed, painted, altered or externally modified or improved on any Lot unless and until (i) the plans and specifications, including design, elevation, material, shape, height, color and texture, and a site plan showing the location of all improvements with grading modifications, shall have been filed with and approved in writing in all respects by the Architectural Review Board (as defined in Article VII below) and, if required, by appropriate Local Governing Authorities; and (ii) all construction permits have been obtained, if applicable or required. In addition, no item of personal property, without regard to whether such item is fixed or attached or moveable, shall be erected or placed forward of the front foundation line of any Dwelling Unit unless approved in writing by the Architectural Review Board. Further, notwithstanding any approval given herein, the Architectural Review Board my revoke its approval as to any item of personal property which is not fixed or attached at any time and for any or no reason, and an Owner shall immediately remove any item of personal property which is not fixed or attached, which is placed forward of the front foundation line of any Dwelling Unit upon request of the Architectural Review Board, without regard to whether the Architectural Review Board may have previously given its approval for such item of personal property. 24 Section 6.3. Laundry. No clotheslines may be erected on any Lot, and no clothing, sheets, blankets, rugs, laundry or wash shall be hung out, exposed, aired or dried on any portion of the Parcel within public view. Section 6.4. Sight Lines. No fence, wall, tree, hedge or shrub shall be maintained in such a manner as to obstruct sight lines for vehicular traffic. Section 6.5. Lot Maintenance. Each Owner shall, at all times, maintain its Lot and Dwelling Unit and all appurtenances thereto free of debris or rubbish and in good repair and in a state of neat appearance from all exterior vantage points. While the Supplemental Association will perform all routine maintenance to landscape improvements on each Lot as provided in Article XI below, the Owners, subject to Section 6.6 below, shall be responsible for all routine and extraordinary maintenance to Structures or amenities on his Lot, and all extraordinary items of maintenance to any landscape improvement on his Lot, including, without limitation, trees and shrubs, and for repair of any damage or destruction to any Structure or landscape improvement or amenity on his Lot, including, without limitation, trees and shrubs, whether or not caused by the Owner, a third party, elements of nature, or acts of God. Section 6.6. Additions to Landscape Improvements. No tree, shrub, or other vegetation or landscape improvement originally installed by Supplemental Declarant shall be removed or altered unless such item is dead or decayed and dangerous to human health, safety, or welfare, and the removal has been approved in writing in advance by the Architectural Review Board, or removal is ordered by a Local Governing Authority or by the Architectural Review Board to maintain proper sightlines. No approval for removal of any trees or shrubs shall be granted by the Architectural Review Board unless appropriate provisions are made for replacing the removed trees or shrubs. Each Owner is permitted to add to the landscape of his Lot certain landscaping features within approved flowerbeds; however, prior to adding any such landscape, the Owner of such Lot must submit a written landscape plan to the Architectural Review Board for its review and obtain the written approval of such Architectural Review Board. Section 6.7. Nuisance. No noxious or offensive activity shall be carried on or permitted to be carried on upon the Parcel, nor shall anything be done or placed thereon which is or may become an annoyance or nuisance to the neighborhood. Nothing shall be done or kept or permitted to be done or kept by an Owner in any Dwelling Unit, or on any Lot, or on any of the Limited Common Areas, which will cause an increase in the rate of insurance paid by the Supplemental Association or any other Owner. No Owner shall permit anything to be done or kept in his Dwelling Unit or on his Lot which will result in a cancellation of insurance on any part of the Limited Common Area or any other Owner, or which would be a violation of any law or ordinance or the requirements of any insurance underwriting or rating bureau. No Dwelling Unit or Lot shall be used in any unlawful manner or in any manner which might cause injury to the reputation of the Community or which might be a nuisance, annoyance, or inconvenience, or which might cause damage, to other Owners and occupants of Dwelling Units or neighboring property, including, without limiting the generality of the foregoing, noise by the use of any musical instrument, radio, television, loud speakers, electrical 25 equipment, amplifiers or other equipment or machinery. No exterior lighting on a Lot shall be directed outside the boundaries of the Lot. No outside toilets shall be permitted on any Lot (except during a period of construction and then only upon obtaining prior written consent of the Architectural Review Board), and no sanitary waste or other wastes shall be permitted to be exposed. Section 6.8. Signs. Permitted signs shall include only those professionally constructed signs which advertise a home on a Lot for sale by a licensed and registered real estate broker/company, and which are non-illuminated and less than or equal to six (6) square feet in size (“Permitted Signs”). With the exception of Permitted Signs, all signs including, but not limited to those advertising a garage sale or a Lot “For Lease”, must be approved by the Architectural Review Board before being placed upon any Lot or Limited Common Area, or displayed from a Dwelling Unit. No more than one sign (including a Permitted Sign) may be displayed on a Lot or from a Dwelling Unit at any one time. In addition, no more than one sign (including a Permitted Sign) may be displayed in the Community by an entity owning multiple Lots. All Permitted Signs advertising a Lot for sale shall be removed within three (3) business days from the date of the conveyance of the Lot or the execution of the lease agreement, as applicable. Signs advertising a Lot for “Rent to Own”, or something similar, are expressly prohibited and may not be placed on any Lot or displayed from a Dwelling Unit constructed thereon. The Supplemental Declarant is expressly exempt from the requirements of this Section 6.8 and may post any signs in Limited Common Areas and Lots owned by Supplemental Declarant, as it deems necessary. Section 6.9. Animals. No domesticated or wild animal shall be kept or maintained on any Lot, except that no more than three (3) common household pets such as dogs and cats may be kept or maintained, provided that they are not kept, bred or maintained for commercial purposes and do not create a nuisance or annoyance to surrounding Lots or the neighborhood and are kept in compliance with applicable laws and ordinances of the Local Governing Authority. Excessive barking of dog(s) or vicious animals shall constitute a nuisance and may be ordered removed from the Parcel by the Supplemental Association. Pets will not be permitted outside of a Dwelling Unit unless on a leash and any Owner walking a pet within the Community or on any Limited Common Area will immediately clean up any solid animal waste and properly dispose of the same. Failure to remove any solid animal waste shall subject the owner to a fine not to exceed $50.00 per occurrence as determined by the Board of Directors. Law enforcement and animal control personnel shall have the right to enter the Parcel to enforce local animal control ordinances. Section 6.10. Trash Storage. Trash shall be collected and stored in sealed trash receptacles only and not solely in plastic garbage bags. Trash and garbage receptacles shall not be permitted to remain in public view and shall remain inside of each Owner's garage except on days of trash collection, and except for those receptacles designed for trash accumulation located in the Limited Common Area. No accumulation or storage of litter, new or used building materials, or trash of any kind shall be permitted on the exterior of any Dwelling Unit. No rubbish, garbage or other waste shall be allowed to accumulate on any Lot 26 or Limited Common Area. No homeowner or occupant of a Lot shall burn or bury any garbage or refuse on any Lot or Limited Common Area. Section 6.11. Antennae Systems. To the extent not inconsistent with federal and state law, exterior television and other antennae, including satellite dishes, are prohibited, unless approved in writing by the Architectural Review Board. The Architectural Review Board shall adopt rules for the installation of such antennae and/or satellite systems, which rules shall require that antennae and satellite dishes be placed as inconspicuously as possible and only when fully screened from public view on the rear and above the eave line of any Dwelling Unit. To the extent not inconsistent with federal law, satellite dishes will not exceed eighteen (18) inches in diameter. It is the intent of this provision that the Architectural Review Board shall be able to strictly regulate exterior antennae and satellite dishes to the fullest extent of the law and should any regulations adopted herein or by the Architectural Review Board conflict with federal law, such rules as do not conflict with federal law shall remain in full force and effect. Section 6.12. Painting and Exterior Design. No Owner shall cause or permit any alterations or changes of the exterior design and/or color scheme of any Dwelling Unit, Structure or building including, but not limited to, the exterior paint color scheme and roof shingle color scheme and materials. No person shall paint the exterior of any building, or portion thereof, except contractors and agents employed by Supplemental Declarant or the Supplemental Association. Any and all such painting of the exterior of any building or any portion thereof shall be done by the Supplemental Association, and the costs thereof will be assessed to the Owners either as a part of the Parcel Regular Assessments due hereunder or, if necessary, as a Parcel Special Assessment, as determined by the Board of Directors in its discretion under Article V above. All Dwelling Units will, at all times, be painted in a uniform color, without variation. By way of example only, in the event the Board of Directors or Supplemental Declarant, as applicable, deems it necessary to paint only a portion of a building (i.e., in the case of damage affecting only one Dwelling Unit), and, if matching paint cannot be located or if, when applied, the paint does not match the finish on the adjacent Dwelling Units, the Board of Directors, in its sole discretion, may cause the exterior of the entire building to be painted, with the costs thereof being assessed to the Owners of the Dwelling Units in the building, either as a part of the Parcel Regular Assessments due hereunder, or, if necessary, as a Parcel Special Assessment, as determined by the Board of Directors in its discretion. Section 6.13. Finished Exteriors. The exteriors of all Structures, including, without limitation, walls, doors, windows and roofs, shall be kept in good maintenance and repair by the Owners of Dwelling Units within that Structure. No Structure shall be permitted to stand with its exterior in an unfinished condition for longer than six (6) months after the commencement of construction. In the event of fire, windstorm or other damage, the exterior of a Structure shall not be permitted to remain in a damaged condition for longer than three (3) months, unless expressly excepted by the Board of Directors in writing. If the Board of Directors determines that any Structure or Dwelling Unit is not in compliance with the provisions of this Section 6.13, the Supplemental Association shall send written notice to the Owner of that Structure or Dwelling Unit identifying, with reasonable specificity, the items 27 in need of repair or maintenance (a “Repair Notice”). If an Owner fails to comply with the provisions of this Section 6.13 after its receipt of such a Repair Notice, the Supplemental Association shall be entitled to enforce the provisions of this Section 6.13 in the manner contemplated under Section 11.1(1), below, and in any other manner permitted hereunder or by applicable law. Section 6.14. Fences. No fence or similar enclosure shall be erected or built on the Parcel except for any fencing constructed by the Supplemental Declarant. Section 6.15. Vehicles. No inoperable, junk, unregistered or unlicensed vehicle shall be kept on the Parcel. No portion of the Parcel shall be used for the repair of a vehicle. Section 6.16. Commercial Vehicles. Except upon the prior written approval of the Architectural Review Board, no commercial or industrial vehicle, including, but not limited to, moving vans, trucks, tractors, trailers, vans, wreckers, tow trucks, hearses and buses, shall be parked overnight or regularly or habitually parked on the Parcel, nor shall any such vehicle be located on the Parcel for longer than twenty-four (24) hours. Section 6.17. Recreational Vehicles. No recreational vehicles or equipment, including, but not limited to, boats, boating equipment, jet-skis, wave runners, travel trailers, fuel tanks, camping vehicles or camping equipment, shall be parked on the Parcel without the prior, written approval of the Architectural Review Board, as to location, size, screening and other criteria deemed to be relevant by the Architectural Review Board. The Supplemental Association shall not be required to provide a storage area for these vehicles. Section 6.18. Towing. The Board of Directors shall have the right to tow any vehicle parked or kept in violation of the covenants contained within this Article VI, upon twelve (12) hours' written, telephonic or verbal notice and at the vehicle owner's sole expense. Section 6.19. Garage Usage. Any conversion of any garage that will preclude the parking of vehicles within that garage is prohibited. Owners shall keep and maintain their garages at all times in a manner that will permit the usage of such garage for parking of passenger automobiles, vans and/or trucks. Section 6.20. Rental Agreements. Any rental agreement for a Dwelling Unit shall (i) be in writing, (ii) require the payment of rental at prevailing market rates or higher, and (iii) be subject to the Restrictions, and all other terms and conditions set forth in this Supplemental Declaration and in the other Supplemental Association documents. Every such rental agreement must include a provision stating that any failure by the tenant, its household members or guests, to comply with such Restrictions, or other terms and conditions as set forth above, shall be a default under the rental agreement, and the Owner shall be responsible for enforcing such provision at its sole expense; provided, however, that the Supplemental Association shall also have the right to enforce any of such Restrictions and other terms and conditions against the Owner or any tenant, or both, in the sole discretion of the Supplemental Association, without regard to whether Supplemental Declarant or the Supplemental Association were or are in privity with such tenant. The foregoing shall not be construed as a 28 waiver by the Supplemental Association of its rights hereunder to enforce these Restrictions against a tenant or any other Person in possession of the Parcel or any part thereof. Section 6.21. Initial Construction and Marketing. Supplemental Declarant or its assigns may, during its construction and/or sales period, erect, maintain and operate real estate sales and construction offices, model homes, displays, signs and special lighting on any part of the Parcel and on or in any building or Structure now or hereafter erected thereon and shall not be bound by the provisions of this Article to the extent application thereof would delay, hinder or increase the cost of construction and/or marketing of Dwelling Units for sale in the Community by Supplemental Declarant. Section 6.22. Dusk to Dawn Lights. Each Owner shall maintain any and all lights installed as a part of the initial construction of each Dwelling Unit in good order, condition and repair, including, without limitation, any necessary repairs or maintenance as may be required for the effective operation of all “dusk to dawn” photocell switches and replacement of light bulbs so that those coach lights remain continuously operational from dusk to dawn. Section 6.23. Garages. Garage doors shall remain closed except when entering and exiting or otherwise accessing the garage. Section 6.24. Storage Facilities. No permanent, temporary or portable storage facilities shall be permitted on any Lot, except for portable storage facilities that are located wholly within the Owner's garage area and are removed within twenty-four (24) hours. No portable storage facility is permitted in any driveway, Limited Common Area, or public right-of-way. Section 6.25. Awnings. Except with respect to Lots upon which Supplemental Declarant maintains a sales office or model home, or as otherwise approved by the Architectural Review Board, no metal, wood, fabric, fiberglass or similar type material awnings or patio covers will be permitted anywhere on the Parcel. Section 6.26. Mailboxes. No individual mailboxes at curb or on any Dwelling Unit shall be allowed or permitted. Supplemental Declarant shall install a common postal facility, with individual mailboxes, for all attached Dwelling Units within each single building. Section 6.27. Address Markers. Supplemental Declarant shall install uniform address markers on each Lot and no Person, except the Supplemental Association, shall remove, alter, change, or add to such address markers. Section 6.28. Pools and Hot Tubs. No pools or hot tubs shall be permitted on any Lot. Section 6.29. Play Equipment. No children’s play equipment such as playhouses, sandboxes, swing and slide sets, and trampolines, shall be permitted on any Lot. 29 Section 6.30. Basketball Goals. No basketball goals, hoops, or backboards shall be permitted on any Lot. Section 6.31. Business Use. No garage sale, moving sale, rummage sale or similar activity and no trade or business may be conducted in or from any Lot, except that an Owner or occupant resident on a Lot may conduct business activities within a Dwelling Unit so long as: (a) the existence or operation of the business activity is not apparent or detectable by sight, sound or smell from outside the Dwelling Unit; (b) no sign or display is erected that would indicate from the exterior that the Dwelling Unit is being utilized in part for any purpose other than that of a residence; (c) no commodity is sold upon the premises; (d) no person is employed other than a member of the immediate family residing in the Dwelling Unit; (e) no manufacture or assembly operations are conducted; (f) the business activity conforms to all zoning requirements for the Parcel; (g) the business activity does not involve persons coming onto the Parcel who do not reside in the Parcel or door-to-door solicitation of residents of the Parcel; and (h) the business activity is consistent with the residential character of the Parcel and does not constitute a nuisance, or a hazardous or offensive use, or threaten the security or safety of other residents of the Parcel, as may be determined in the sole discretion of the Board of Directors. The terms “business” and “trade”, as used in this provision, shall be construed to have their ordinary, generally accepted meanings, and shall include, without limitation, any occupation, work or activity undertaken on an ongoing basis which involves the provision of goods or services to persons other than the provider's family and for which the provider receives a fee, compensation, or other form of consideration, regardless of whether: (i) such activity is engaged in full or part-time; (ii) such activity is intended to or does generate a profit; or (iii) a license is required therefor. Notwithstanding the above, the leasing of a Lot or Dwelling Unit shall not be considered a trade or business within the meaning of this Section 6.31. This Section 6.31 shall not apply to any activity conducted by Supplemental Declarant or its affiliates with respect to the sale of the Parcel or the use of any Dwelling Units which Supplemental Declarant owns within the Parcel for such activities. Section 6.32. Landscaping of Limited Common Areas. No Owner shall be allowed to plant trees, landscape or do any gardening in any of the Limited Common Areas, except with prior, express written permission from the Board of Directors. Section 6.33. Supplemental Declarant’s Use. Notwithstanding anything to the contrary contained herein or in the Articles or Bylaws, Supplemental Declarant shall have, until the Authority Transfer Date, the right to use and maintain any Lots and Dwelling Units owned by Supplemental Declarant and other portions of the Parcel (other than individual Dwelling Units and Lots owned by Persons other than Supplemental Declarant), as Supplemental Declarant may deem advisable or necessary in its sole discretion to aid in the sale of Lots and the construction of Dwelling Units, or for the conducting of any business or activity attendant thereto, or for the construction and maintenance of Limited Common Areas, including, but not limited to, model Dwelling Units, storage areas, construction yards, signs, construction offices, sales offices, management offices and business offices. Supplemental Declarant shall have the right to relocate any or all of the same from time to time as it desires. At no time shall any of such facilities so used or maintained by Supplemental Declarant be or become part of the Limited Common Areas, unless so designated by Supplemental Declarant, and Supplemental Declarant shall have the right to remove the same from the Parcel at any time. 30 Section 6.34. Non-applicability to Association. Notwithstanding anything to the contrary contained herein, the covenants and restrictions set forth in this Article VI shall not apply to or be binding upon the Supplemental Association in its ownership, management, administration, operation, maintenance, repair, replacement and upkeep of the Limited Common Areas to the extent the application thereof could or might hinder, delay or otherwise adversely affect the Supplemental Association in the performance of its duties, obligations and responsibilities as to the Limited Common Areas. Section 6.35. Additional Rules and Regulations. The Supplemental Association shall have the authority to adopt such rules and regulations regarding this Article VI as it may from time to time consider necessary or appropriate. Section 6.36. Personal Property Forward of the Front Foundation Line of a Dwelling Unit. Subject to the approval of the Architectural Review Board and the right to revoke its approval at any time and for any or no reason, certain items of personal property may be permitted forward of the front foundation line of a Dwelling Unit. Items of personal property which may be permitted include high quality wrought iron or similar metal bistro tables, chairs, lounges, chaises, bench gliders, and accessories; provided however, that in all cases such times of personal property proposed to be located forward of the front foundation line shall be (1) suitable and appropriately sized for the space provided; (2) black or dark bronze in color; (3) weather resistant; (4) properly maintained; and (5) harmonious with the exterior colors and architecture of the Dwelling Unit. Exterior pots for flowers and plants not exceeding 24 inches in height may also be permitted provided that they are (1) weather resistant, (2) properly maintained, and (3) harmonious with the exterior colors and architecture of the Dwelling Unit. Notwithstanding any other provision of this Supplemental Declaration to the contrary, the following items of personal property are expressly prohibited forward of the front foundation line of any Dwelling Unit: any items of bold or bright color, patio swings, patio furniture with awing covers, canopies, umbrellas and stands, any item constructed of wicker, plastic or resin material, cooking grills and other cooking devices, coolers and refrigerators, lawn ornaments, area heaters, water features, firewood, electric bug zappers, vegetable gardens, free standing candles, torches or citronella candles, temporary furniture, folding law chairs, picnic tables, hammocks, children’s play equipment, wind chimes, hanging baskets, and bird and squirrel feeders. In addition, no Owner shall conduct any obnoxious or indecent behavior forward of the front foundation line of any Dwelling Unit. ARTICLE VII. ARCHITECTURAL REVIEW BOARD Section 7.1. The Architectural Review Board. As used herein, the term “Architectural Review Board” will mean and refer to a group of individuals who will administer the duties described in Section 7.4 below. During the Development Period, the Architectural Review Board shall consist solely of Supplemental Declarant. Upon the expiration of the Development Period, the number of members of the Architectural Review Board shall automatically be increased to equal the number of members on the Board of Directors, and the individuals who are members of the Board of Directors shall automatically 31 be deemed to be the members of the Architectural Review Board, without the necessity for further action. The term of membership for each member of the Architectural Review Board will be coterminous with the term of such individual's membership on the Board of Directors. Section 7.2. Removal and Vacancies. After the expiration of the Development Period, a member of the Architectural Review Board may only be removed in the event such member is removed from or otherwise ceases to be a member of the Board of Directors. Appointments to fill vacancies in unexpired terms on the Architectural Review Board shall be made in the same manner as members are appointed or elected to the Board of Directors. Section 7.3. Officers. At the first meeting of the Architectural Review Board (after the expiration of the Development Period) following each annual meeting of Members, the Architectural Review Board shall elect from among themselves a chairperson, a vice- chairperson and a secretary who shall perform the usual duties of their respective offices. Section 7.4. Duties. The Architectural Review Board shall regulate the external design and appearance of the Parcel and the external design, appearance and location of the improvements thereon in such a manner so as to preserve and enhance property values and to maintain harmonious relationships among Structures and the natural vegetation and topography in the Community. During the Development Period, the Architectural Review Board shall regulate all initial construction, development and improvements on the Parcel and all modifications and changes to existing improvements on the Parcel. In furtherance thereof, the Architectural Review Board shall: (a) review and approve or disapprove written applications of Owners for proposed alterations or additions to Lots; (b) periodically inspect the Parcel for compliance with adopted, written architectural standards and approved plans for alteration; (c) adopt and publish architectural standards subject to the confirmation of the Board of Directors; (d) adopt procedures for the exercise of its duties; and (e) maintain complete and accurate records of all actions taken by the Architectural Review Board. No request for approval by the Architectural Review Board or any committee thereof will be reviewed or otherwise considered unless submitted in writing by the Owner requesting such approval. Approval by the Architectural Review Board of a correctly filed application shall not be deemed to be an approval by Local Governing Authorities nor a waiver of the Supplemental Association's right to require an applicant to obtain any required approvals from any such Local Governing Authorities or to otherwise comply with applicable laws, rules, regulations and local ordinances. No approval by the Architectural Review Board or any committee thereof shall be effective unless in writing and signed by all of the members 32 of the Architectural Review Board or the applicable committee whose approval is required hereunder. Section 7.5. Failure to Act. Failure of the Architectural Review Board, any committee thereof or the Board of Directors to respond to any request for approval, enforce the architectural standards contained in this Supplemental Declaration or to notify an Owner of noncompliance with architectural standards or approved plans for any period of time shall not constitute a waiver by the Architectural Review Board, any committee thereof or the Board of Directors of any provision of this Supplemental Declaration requiring such approval hereunder or otherwise prevent the Architectural Review Board, any committee thereof or the Board of Directors from enforcing this Supplemental Declaration at any later date. If approval has not been issued in writing within thirty (30) days after submission of an application to the Board of Directors, the Architectural Review Board, then any such request shall be deemed to be denied. Section 7.6. Discretion. Supplemental Declarant intends that the members of the Architectural Review Board, and all committees thereof, exercise discretion in the performance of their duties, and every Owner by the purchase of a Lot shall be conclusively presumed to have consented to the exercise of discretion by the members of the Architectural Review Board and such committees. Section 7.7. Enforcement. Any exterior addition, change or alteration made without a written application to, and prior written approval of, the Architectural Review Board, shall be deemed to be in violation of this Supplemental Declaration and the Board of Directors shall have the right to require such exterior to be immediately restored to its original condition at the offending Owner's sole cost and expense. Section 7.8. Appeal. Any aggrieved party may appeal a decision of the Architectural Review Board to the Board of Directors by giving written notice of such appeal to the Supplemental Association or any member of the Board of Directors within twenty (20) days of the adverse ruling. Section 7.9. Liability of the Architectural Review Board, Supplemental Declarant and Supplemental Association. Neither the Architectural Review Board, nor any committee nor any agent thereof, nor Supplemental Declarant, nor the Supplemental Association, shall be liable in any way for any costs, fees, damages, delays, or any charges or liability whatsoever relating to the approval or disapproval of any plans submitted to it, nor shall the Architectural Review Board nor any committee thereof, nor any agent thereof, nor Supplemental Declarant, nor the Supplemental Association, be responsible in any way for any defects in any plans, specifications or other materials submitted to any of them, or for any defects in any work done according thereto. Further, the Architectural Review Board, its committees, Supplemental Declarant, and the Supplemental Association make no representations or warranties as to the suitability or advisability of the design, engineering, method of construction involved, or materials to be used. Each Owner should seek professional construction advice, engineering, and inspections with respect to such Owner's 33 Lot, at such Owner's sole cost and expense, prior to proposing plans for approval by the Architectural Review Board, its committees or the Board of Directors. Section 7.10. Inspection. The Architectural Review Board and Supplemental Declarant may, but shall not be obligated to, inspect work being performed on a Lot or Dwelling Unit to assure compliance with the Restrictions, the restrictions contained in any plat of the Parcel and applicable regulations. However, neither the Architectural Review Board, nor any committee nor member thereof, nor Supplemental Declarant, nor any agent or contractor employed or engaged by any of the foregoing, shall be liable or responsible for defects or deficiencies in any work inspected or approved by any of them, or on behalf of any of them. Further, no such inspection performed or approval given by or on behalf of the Architectural Review Board, any committee thereof or Supplemental Declarant shall constitute a warranty or guaranty of the work so inspected or approved. ARTICLE VIII. EASEMENTS Section 8.1. General Easement Rights. Supplemental Declarant hereby grants a non-exclusive blanket easement over, across, through and under the Parcel to the Supplemental Association, its directors, officers, agents and employees, to any manager employed by or on behalf of the Supplemental Association, and to all police, fire, ambulance and all other emergency personnel and government, to enter upon the Parcel, in the exercise of the functions provided for by this Supplemental Declaration, Articles, Bylaws and rules and regulations of the Supplemental Association, and in the event of emergencies or in the performance of governmental functions. Supplemental Declarant further grants a non- exclusive blanket easement over, across, through and under the Parcel to utility service providers for ingress, egress, installation, replacement, repair and maintenance of underground utility and service lines and systems, including, but not limited to, water, sewer, gas, telephones, electricity, television, cable or communication lines and systems. By virtue of this easement it shall be expressly permissible for Supplemental Declarant or the utility service provider to install, maintain and repair facilities and equipment on the Parcel if such utility service provider promptly restores the disturbed area, if any, as nearly as is practicable to the condition in which it was found, provided, however, that no sewers, electrical lines, water lines, or other utility service lines or facilities for such utilities may be installed or relocated except as proposed and approved in advance and in writing by Supplemental Declarant or, after the Authority Transfer Date, the Supplemental Association. Should any utility providing a service to the Parcel request a specific easement by separate recordable document, Supplemental Declarant or the Supplemental Association shall have the right to grant such easement with respect to the Parcel without conflicting with the terms hereof. This blanket easement shall in no way affect any other recorded easements on the Parcel, shall be limited to improvements as originally constructed, and shall not cover any portion of a Lot upon which a Dwelling Unit has been constructed. Section 8.2. Limitation on General Easement Rights. The rights accompanying the easements provided for in Section 8.1 of this Article VIII shall, except in the event of an 34 emergency, be exercised only during reasonable daylight hours and then, whenever practicable, only after advance notice to any Owner or tenant directly affected. Section 8.3. Plat Easements. In addition to such easements as are or may hereafter be created elsewhere in this Supplemental Declaration and as may have been or may hereafter be created by Supplemental Declarant pursuant to written instruments recorded in the Recorder's Office, all Lots are or shall be subject to drainage easements, sewer easements, other utility easements and Limited Common Area access easements, which easements may be granted by Supplemental Declarant (prior to the Authority Transfer Date) or the Supplemental Association (from and after the Authority Transfer Date), as applicable, which grants may be made separately or in any combination thereof, as shown on a recorded Plat (“Plat”), and which grants shall benefit Supplemental Declarant, Owners, the Supplemental Association, the Architectural Review Board and any committee thereof, and public utility companies or governmental agencies, as follows: (a) Drainage Easements (designated as “D.E.” on the Plat) (each, a “Drainage Easement”) are hereby granted for the mutual use and benefit of Supplemental Declarant and the Owners and are intended to provide paths and courses for area and local storm drainage, either overland or in adequate underground conduit, to serve the needs of the Community and adjoining ground and/or public drainage systems. Under no circumstance shall said easements be blocked in any manner by the construction or reconstruction of any improvement, nor shall any grading restrict, in any manner, the water flow. The drainage easements and facilities are subject to construction or reconstruction to any extent necessary to obtain adequate drainage at any time by any governmental authority having jurisdiction over drainage, or by Supplemental Declarant, the Supplemental Association or the Architectural Review Board; provided, however, that Supplemental Declarant, the Supplemental Association and the Architectural Review Board shall have no duty to undertake any such construction or reconstruction. The Owner of each Lot, by acceptance of a deed thereto, consents to the temporary storage (detention) of storm water within the Drainage Easement on such Owner's Lot. (b) Sewer Easements (designated as “S.E.” on the Plat) may be granted for the use and benefit of the local governmental agency or public utility Company having jurisdiction over any storm and sanitary waste disposal system designed to serve the Community, for the purpose of installation and maintenance of sewers that are a part of said system. (c) Access Easements (designated as “A.E.” on the Plat) may be granted for the benefit of Supplemental Declarant, the Supplemental Association and the Owners and each of their guests, tenants, contractors, subcontractors, licensees, agents, or members of their families, for purposes of ingress and egress to the Lots, and for purposes of ingress and egress to the Limited Common Areas. (d) Utility Easements (designated as “U.E.” on the Plat) may be granted for the benefit of Supplemental Declarant, the Supplemental Association and all public or 35 municipal utility companies, not including transportation companies, for the installation, maintenance and repair of mains, ducts, poles, lines and wires, and other facilities related to the specific utility. (e) Landscape Easements (designated as “L.S.E.” on the Plat) may be granted for the benefit of Supplemental Declarant, the Architectural Review Board and all committees thereof, and the Supplemental Association, for the planting, installation, repair and maintenance of trees, shrubs and other landscaping, wherever located on the Parcel. (f) Sign Easements (designated as “SI.E.” on the Plat) may be granted for the benefit of Supplemental Declarant, the Architectural Review Board and all committees thereof, and the Supplemental Association for the installation, repair and maintenance of signs wherever located on the Parcel. All easements described in this Section 8.3 shall include the right of ingress and egress for the exercise of the respective rights granted. No structure, including fences, shall be built on any drainage, sewer or utility easement if such structure would (i) materially interfere with the utilization of such easement for the purpose intended, (ii) violate any applicable legal requirement, or (iii) violate the terms and conditions of any easement specifically granted to a Person who is not an Owner by an instrument recorded in the Recorder's Office, except that neither paved drives necessary to provide access to a Lot from a public street nor sidewalks installed by or at the direction of Supplemental Declarant (and replacements thereof) shall be deemed to be a “structure” for the purpose of the foregoing restriction. Section 8.4. Encroachments. If any improvement on a Lot or the Limited Common Area now or hereafter encroaches on any other Lot or Limited Common Area, by reason of (a) the original construction thereof by Supplemental Declarant or its assigns, which shall include, but not be limited to, any Party Wall or drive which encroaches over a Lot's boundary line and any drainage of stormwater from roofs and gutters, (b) deviations within normal construction tolerances in the maintenance, repair, replacement or reconstruction of any improvement, or (c) the settling or shifting of any land or improvement, an easement is hereby granted over the encroached-upon portion of such Lot or Limited Common Area in favor of the Owner of the encroaching improvements, solely to the extent of such encroachment and solely for the period of time the encroachment exists (including replacements thereof), for the limited purposes of use, repair, replacement and maintenance of the encroaching improvement Section 8.5. Ingress/Egress Easement. Supplemental Declarant, its agents and employees, shall have a right of ingress and egress over the Limited Common Area, and any roadways and drives within the Community as required for construction of improvements and development of the Parcel, and otherwise as Supplemental Declarant deems to be necessary or for access to or ingress and egress to and from any Dwelling Unit. Section 8.6. Reservation of Right to Grant Future Easement. Supplemental Declarant reserves the right to (a) grant non-exclusive easements over any Lot or Limited Common Area for the purposes of installing, repairing and/or maintaining utility lines of any 36 sort, including, but not limited to, storm drains and drainage swales, sanitary sewers, gas lines, electric lines and cables, water lines, telephone lines, telecommunication lines and cables, and the like, and (ii) obtaining the release of any bonds posted with a municipality, governmental agency or regulatory agency, (b) non-exclusive easements over the Limited Common Area to any municipal agency or private entity for any other purpose consistent with the “open space” designation thereof, and (c) in its sole discretion, grant licenses and non-exclusive easements over, under, across or through the Parcel in favor of owners of adjoining real property, and their tenants, successors and assigns, for purposes of providing access and utilities benefiting such adjoining real property. Section 8.7. Bonds and/or Dedication Requirements. Supplemental Declarant reserves the right to grant and reserve easements or to vacate or terminate easements across all Lots or Limited Common Area as may be required by any governmental agency or authority or utility in connection with the release of improvement bonds or the dedication of public streets for maintenance by governmental agencies. Section 8.8. Easements for Corrective Work. Supplemental Declarant reserves a non-exclusive easement over, across, under, through and above all Lots and the Limited Common Area for the purposes of correcting drainage, maintenance, landscaping, mowing and erecting street intersection signs, directional signs, temporary promotional signs, entrance features, lights and wall features, if any, and for the purpose of executing any of the powers, rights, or duties granted to or imposed upon the Supplemental Association in this Supplemental Declaration. Section 8.9. Reciprocal Cross-Easements for Adjoining Dwelling Units. Subject to Section 10.1 below, there is hereby created in favor of the Owner of each Lot an easement and right of entry onto each adjoining Lot permitting such Owner to repair and maintain all encroaching Party Walls, roofs, roof overhangs, eaves, downspouts, gutters, and splash blocks at reasonable times; provided, however, that the Owner exercising this right of entry upon the adjoining Owner's Lot shall be solely responsible for preserving and restoring the adjoining Owner's Lot to the same condition such adjoining Lot was in prior to the exercise of the right of entry. ARTICLE IX. PARKING No Owner, tenant, or any other Person shall park any type of vehicle in any Limited Common Area. Notwithstanding the foregoing, visitors, guests and invitees shall be permitted to park in those portions of the Limited Common Area designated by Supplemental Declarant or the Supplemental Association as visitor parking areas; provided, however, that such parking shall be permitted only on a temporary and intermittent basis and no such parking shall be permitted in any portion of the Limited Common Area which has not been designated as a visitor parking area. Temporary parking on or within any public right-of-way within or adjacent to the Parcel is prohibited except to the extent expressly permitted by Local Governing Authorities, and shall be subject to any restrictions or limitations relating thereto, including, without limitation, fees assessed by any Local Governing Authorities. The Board 37 of Directors may promulgate such additional rules and regulations as it deems appropriate to regulate the use of any Limited Common Areas for parking purposes, which rules and regulations may include the towing of any vehicles parked in violation of this Supplemental Declaration, with no notice of towing required and at the vehicle owner's sole expense. ARTICLE X. PARTY WALLS Section 10.1. General Rules of Law to Apply. Each wall built as part of the original construction of a Dwelling Unit and situated upon the dividing line between two Lots shall constitute a Party Wall, and, to the extent not inconsistent with the provisions of this Article X, the general rules of law regarding Party Walls and liability of Owners for property damage due to negligence or willful acts or omissions in connection with Party Walls shall apply thereto. Section l0.2. Sharing of Repair and Maintenance and Destruction by Fire or Other Casualty. If any Party Wall is damaged or destroyed by (i) fire or other casualty, or (ii) ordinary wear and tear and deterioration from lapse of time, or (iii) or by some cause other than the act of one of the adjoining Owners, its agents, family, household or guests, then both adjoining Owners shall proceed forthwith to rebuild or repair the structural components of such Party Wall, sharing equally the cost thereof, and each individual Owner shall proceed forthwith to rebuild or repair the non-structural components of such wall in proportion to their respective uses of the Party Wall. Any and all such reconstruction and/or repairs shall be completed immediately to the extent that the failure to commence and/or complete such reconstruction and/or repairs would result in an immediate risk to human health and/or safety. All other reconstruction and/or repairs shall be completed within three (3) months following the casualty or other event that damaged or destroyed such Party Wall, unless a longer period of time is approved in writing by the Supplemental Association. If a Party Wall is in a condition that is of such a nature that it has or will (if left uncorrected) result in further damage or destruction of such Party Wall, the reconstruction and/or repairs shall be completed within a reasonable time, not exceeding six (6) months following the initial discovery of the condition. Any and all such reconstruction and/or repair shall be made in a good and workmanlike manner, in compliance with all requirements of Local Governing Authorities and otherwise in compliance with all applicable laws, ordinances, rules and regulations, to the same or better condition as existed prior to such condition, damage or destruction. However, in the event of substantial destruction to the Party Wall and adjoining Dwelling Units (i.e. where eighty percent (80%) or more of the Party Wall and the adjoining Dwelling Units are destroyed by fire or otherwise), neither Owner shall be obligated to repair or restore the Party Wall. Each Owner shall have an easement over that part of the other Owner's Lot that is necessary or desirable in order to repair, restore or replace the Party Wall. Section 10.3. Repairs for Damage Caused by One Owner. If any such Party Wall is damaged or destroyed through the act of one or more adjoining Owners, or their respective agents, families, households or guests (collectively the “Offending Parties”), whether or not such act is negligent or otherwise culpable, so as to deprive another adjoining Owner of 38 the use and enjoyment of the Party Wall, then the Owner(s) of the Dwelling Unit(s) from whence the Offending Parties committed the act that caused the damage or destruction, shall forthwith proceed to rebuild and repair the same, in the manner required under Section 10.2 above, without cost to the adjoining Owner. Section 10.4. Use; Other Changes. Either Owner shall have the right to use the side of the Party Wall facing the Owner's Dwelling Unit in any lawful manner, including attaching structural or finishing materials to it; however, in addition to meeting the other requirements of these Restrictions and of any building code or similar regulations or ordinances, any Owner proposing to modify, make additions to or rebuild its Dwelling Unit in any manner which involves the alteration of any Party Wall shall first obtain the written consent of the adjoining Owner, whose consent shall not be unreasonably withheld, conditioned or delayed. If the adjoining Owner has not responded in writing to the requesting Owner within twenty-one (21) days of its receipt of any such written request, given by registered or certified mail, return receipt requested, such consent of the adjoining Owner shall be deemed to have been given. Notwithstanding the foregoing, no Owner may make changes to a Dwelling Unit that would jeopardize the soundness and safety of the Structure, reduce the value of the Structure, or impair any easement or other right appurtenant to the property. Section 10.5. Right to Contribution Runs with the Parcel; Failure to Contribute. The right of any Owner to contribution from any other Owner under this Article X shall be appurtenant to the land and shall pass to such Owner's successors in title. If either Owner shall neglect or refuse to pay the Owner's share under this Article X, or all of the cost in case of the negligence or willful misconduct of such Owner, the other Owner may have the Party Wall repaired or restored and shall be entitled to have a mechanic's lien on the property of the Owner failing to pay for the amount of its share of the repair or replacement cost. Section 10.6. Dispute. In the event of a dispute between or among Owners with respect to the repair or rebuilding of a Party Wall or with respect to the sharing of the cost thereof, then upon written request of one of such Owners addressed to the Supplemental Association, the matter shall be submitted to the Board of Directors, who shall decide the dispute and whose decision shall be final. ARTICLE XI. POWERS AND DUTIES OF THE SUPPLEMENTAL ASSOCIATION Section 11.1. Discretionary Powers and Duties. The Supplemental Association shall have the following powers and duties which may be exercised in its discretion: (a) to enforce any covenants or restrictions which are imposed by the terms of this Supplemental Declaration or which may be imposed on any part of the Parcel. Nothing contained herein shall be deemed to prevent the Owner of any Lot from enforcing any building restriction in its own name. The foregoing rights of enforcement shall not prevent (i) changes, releases or modifications of the restrictions or reservations placed upon any part of the Parcel by any party having the right to make such changes, releases or modifications in the deeds, contracts, Supplemental 39 Declarations or plats in which such restrictions and reservations are set forth; or (ii) the assignment of the foregoing rights by the proper parties wherever and whenever such rights of assignment exist. Neither the Supplemental Association nor the Board of Directors shall have a duty to enforce the covenants by an action at law or in equity if either party believes such enforcement is not in the Supplemental Association's best interest. The expenses and costs of any enforcement proceedings shall be paid out of the general fund of the Supplemental Association; provided, however, that the foregoing authorization to use the general fund for such enforcement proceedings shall not preclude the Supplemental Association from collecting such costs from the offending Owner; (b) to build facilities upon the Limited Common Area; (c) to use the Limited Common Area and any improvements, Structures or facilities erected thereon, subject to the general rules and regulations established and prescribed by the Supplemental Association and subject to the establishment of charges for their use; (d) to mow, trim, re-sow, re-seed or re-sod lawn areas and fertilize lawn areas at least three (3) times each year within the Limited Common Areas and on each Lot and to operate and maintain in-ground irrigation/sprinkler systems in the Limited Common Areas and in the landscaped areas of each Lot; provided, however, that the Supplemental Association shall not be required to maintain, replace, irrigate, or fertilize any flowers, plants, trees, shrubs, or any landscaping other than grass located on each Lot; (e) to maintain, irrigate, spray, trim, protect, plant, fertilize, replace and prune trees, shrubs and other landscaping located within the Limited Common Areas, maintenance and upkeep of the Limited Common Area and to pick up and remove from the Limited Common Area all loose material, rubbish, filth and accumulation of debris; and to do any other thing necessary or desirable in the judgment of the Supplemental Association to keep the Common Area in neat appearance and in good order, including, but not limited to, cleaning the private streets and maintaining any street lights located in the Limited Common Areas; (f) to arrange for plowing and/or removal of snow from (i) private streets located within Limited Common Areas, (ii) community walkways located within Limited Common Areas, (iii) driveways located upon Lot and (iv) walkways extending from the community walkways to the front door of the Owner's Dwelling Unit; (g) to exercise all rights, responsibilities and control over all easements which the Supplemental Association may from time to time acquire, including, but not limited to, those easements specifically reserved to the Supplemental Association in Article VIII above; 40 (h) to create, grant and convey easements and licenses upon, across, over and under all Limited Common Areas, including but not limited to easements for the installation, replacement, repair and maintenance of utility lines serving the Parcel; (i) subject to the limitations set forth in Section 11.3 hereof, to employ counsel and institute and prosecute such suits as the Supplemental Association may deem necessary or advisable, and to defend suits brought against the Supplemental Association; (j) to retain, as an independent contractor or employee, a manager of the Supplemental Association and such other employees or independent contractors as the Board of Directors deems necessary, and to prescribe the duties of employees and scope of services of independent contractors; (k) to enter upon any Lot to perform emergency repairs or to do other work reasonably necessary for the proper maintenance or protection of the Parcel; (l) to enter (or have the Supplemental Association's agents or employees or contractors enter) upon any Lot to repair, maintain or restore the Lot or perform such other acts as may be reasonably necessary to make such Lot and improvements situated thereon, if any, conform to the requirements of these Restrictions, if such is not performed by the Owner of the Lot, and to assess the Owner of the Lot the costs thereof, such assessment to be a lien upon the Lot equal in priority to the lien provided for in Article V herein; provided, however, that the Board of Directors shall only exercise this right after giving the Owner written notice of its intent at least fourteen (14) days prior to such entry. Neither the Supplemental Association nor any of its agents, employees, or contractors shall be liable for any damage, which may result from any maintenance work performed hereunder; (m) to re-subdivide and/or adjust the boundary lines of the Limited Common Area, to the extent such re-subdivision or adjustment does not contravene the requirements of zoning and other ordinances applicable to the Parcel; (n) to adopt, publish and enforce rules and regulations governing the use of the Limited Common Area and facilities and with respect to such other areas of responsibility assigned to it by this Supplemental Declaration, except where expressly reserved herein to the Members. Such rules and regulations may grant to the Board of Directors the power to suspend a Member's right to use non-essential services for non- payment of assessments and to assess charges against Members for violations of the provisions of the Supplemental Declaration or rules and regulations; (o) to remove a member of the Board of Directors and declare such member's office to be vacant in the event such member shall be absent from three (3) consecutive regular meetings of the Board of Directors; 41 (p) to arrange for the collection of trash and recyclable items on a weekly basis from approved locations and from appropriate receptacles in the manner contemplated in Section 6.10 above; (q) to paint all hardi-plank siding (if applicable), exterior wood trim and all exterior painting, but shall not be responsible for any other maintenance of the exterior of a Dwelling Unit; and (r) to enter into contracts on behalf of the Supplemental Association, subject to the limitations and requirements contained within subsection 4 of the HOA Act, as the same may be amended. Section 11.2. Mandatory Powers and Duties. The Supplemental Association shall exercise the following powers, rights and duties: (a) to unconditionally accept title to the Limited Common Area upon the transfer thereof by Supplemental Declarant to the Supplemental Association as provided hereunder, and to hold and administer the Limited Common Area for the benefit and enjoyment of the Owners and occupants of Lots, and to cause the Limited Common Area and facilities to be maintained in accordance with the standards adopted by the Board of Directors; (b) to transfer part of the Limited Common Area to or at the direction of Supplemental Declarant, for the purpose of adjusting boundary lines or otherwise in connection with the orderly subdivision or development of the Parcel, but only to the extent such re-subdivision or adjustment does not contravene the requirements of zoning and other ordinances applicable to the Parcel; (c) after the termination of the Class B membership, to obtain and maintain without interruption liability coverage for any claim against a director or officer for the exercise of its duties and fidelity coverage against dishonest acts on the part of directors, officers, trustees, managers, employees or agents responsible for handling funds collected and held for the benefit of the Supplemental Association. The fidelity bond shall cover the maximum funds that will be in the custody of the Supplemental Association or its management agent at any time while the bond is in place. The fidelity bond coverage shall be in an amount as may be determined to be reasonably prudent by the Board of Directors; (d) to obtain and maintain without interruption a comprehensive coverage of public liability and hazard insurance covering the Limited Common Area and easements of which the Supplemental Association is a beneficiary, if available at reasonable cost. Such insurance policy shall contain a severability of interest clause or endorsement which shall preclude the insurer from denying the claim of an Owner because of negligent acts of the Supplemental Association or other Owners. The scope of coverage shall include all coverage in kinds and amounts commonly obtained with regard to projects similar in construction, location and use as determined by the Board of Directors. Further, the public liability insurance must provide coverage of at least 42 $1,000,000.00 for bodily injury, including death, and property damage for any single occurrence; (e) to provide for the maintenance of any and all (i) improvements, Structures or facilities which may exist or be erected from time to time on the Limited Common Area; (li) easement areas of which the Supplemental Association is the beneficiary and for which it has the maintenance responsibility; and (iii) facilities, including, but not limited to, fences and signs, authorized by the Supplemental Association and erected on any easements granted to the Supplemental Association; (f) to pay all proper bills, taxes, charges and fees on a timely basis; (g) to maintain its corporate status; and (h) to maintain all private streets, open space and landscaping within the Limited Common Area. (i) to be solely responsible for all costs incurred in connection with the maintenance and repair of the Limited Common Area in accordance with Section 4.3(b) hereof. Section 11.3. Limitation on Supplemental Association Action. The Supplemental Association shall hold a duly authorized, duly noticed special meeting of the Members of the Supplemental Association prior to commencing or prosecuting any judicial or administrative proceeding, and no judicial or administrative proceeding shall be commenced or prosecuted by the Supplemental Association except upon the affirmative vote of at least seventy-five percent (75%) of the votes cast at said special meeting by Members entitled to vote authorizing the commencement and prosecution of the proposed action. This Section 11.3 shall not apply to (a) actions brought by the Supplemental Association to enforce the provisions of this Supplemental Declaration, the Bylaws, or rules and regulations adopted by the Board of Directors (including, without limitation, any action to recover Parcel Regular Assessments or Parcel Special Assessments or other charges or fees or to foreclose a lien for such items) or (b) counterclaims brought by the Supplemental Association in connection with proceedings instituted against it. The rights and powers of the Supplemental Association shall at all times be subject to the requirements of the HOA Act. Section 11.4. Board of Directors Authority to Act. Unless otherwise specifically provided in the Supplemental Association's documents, all rights, powers, easements, obligations and duties of the Supplemental Association may be performed by the Board of Directors. Notwithstanding anything to the contrary contained herein, any rules or regulations which are promulgated by the Board of Directors may be repealed or amended by a Majority vote of the Members cast, in person or by proxy, at a meeting convened for such purpose in accordance with the Bylaws. Section 11.5. Compensation. No director or officer of the Supplemental Association shall receive compensation for services as such director or officer except to the extent expressly authorized by a Majority vote of the Class A Members. 43 Section 11.6. Non-liability of Directors, Officers and Board Members. The directors and officers of the Supplemental Association and members of the Architectural Review Board, and all committees thereof, shall not be liable to the Owners or any other persons for any error or mistake of judgment in carrying out their duties and responsibilities as directors or officers of the Supplemental Association or members of the Architectural Review Board, or any committee thereof, except for their own individual willful misconduct or gross negligence. It is intended that the directors and officers of the Supplemental Association and members of the Architectural Review Board, and all committees thereof, shall have no personal liability with respect to any contract made by them in good faith on behalf of the Supplemental Association, and the Supplemental Association shall indemnify and bold harmless each of the directors, officers, Architectural Review Board members, or committee members against any and all liability to any person, firm or corporation arising out of contracts made in good faith on behalf of the Supplemental Association. Section 11.7. Indemnity of Directors and Officers and Members of the Architectural Review Board. Except with respect to matters (i) as to which it is adjudged in any civil action, suit, or proceeding that such person is liable for gross negligence or willful misconduct in the performance of his or her duties, or (ii) to which it is adjudged in any criminal action, suit or proceeding that such person had reasonable cause to believe that such person's conduct was unlawful or that person had no reasonable cause to believe that such person's conduct was lawful, the Supplemental Association shall indemnify, hold harmless and defend any person, his or her heirs, assigns and legal representatives (collectively, the “Indemnitee”) made or threatened to be made a party to any action, suit or proceeding, or subject to any claim, by reason of the fact that he or she is or was a director or officer of the Supplemental Association or member of the Board of Directors of the Architectural Review Board, or any committee thereof, from and against (1) all liability, including, without limitation, the reasonable cost of settlement of, or the amount of any judgment, fine, or penalty rendered or assessed in any such claim, action, suit, or proceeding; and (2) all costs and expenses, including attorneys' fees, actually and reasonably incurred by the Indemnitee in connection with the defense of such claim, action, suit or proceeding, or in connection with any appeal thereof. In making such findings and notwithstanding the adjudication in any action, suit or proceeding against an Indemnitee, no director or officer of the Supplemental Association, or member of the Board of Directors or the Architectural Review Board, or any committee thereof, shall be considered or deemed to be guilty of or liable for gross negligence or willful misconduct in the performance of his or her duties where, acting in good faith, such director or officer of the Supplemental Association, or member of the Architectural Review Board, or any committee thereof, relied on the books and records of the Supplemental Association or statements or advice made by or prepared by any managing agent of the Supplemental Association or any director, officer or member of the Supplemental Association, of any accountant, attorney or other person, firm or corporation employed by the Supplemental Association to render advice or service, unless such director, officer or member bad actual knowledge of the falsity or incorrectness thereof; nor shall a director, officer or member be deemed guilty of gross negligence or willful misconduct by virtue of the fact that he or she failed or neglected to attend a meeting or meetings of the Supplemental Association, the Board of Directors or the Architectural Review Board, or any 44 committee thereof. The costs and expenses incurred by an Indemnitee in defending any action, suit or proceeding may be paid by the Supplemental Association in advance of the final disposition of such action, suit or proceeding upon receipt of an undertaking by or on behalf of the Indemnitee to repay the amount paid by the Supplemental Association if it shall ultimately be determined that the Indemnitee is not entitled to indemnification or reimbursement as provided in this Article XI. ARTICLE XII. RIGHTS OF MORTGAGEES Unless a right is waived by the appropriate Federal Agency, all Mortgagees shall have the following rights: Section 12.1. Veterans Administration. To the extent required by the Veteran's Administration (the “VA”), if any of the Lots are security for a loan guaranteed by the VA and if there is a Class B Member: (a) Supplemental Declarant must provide to the VA a copy of all amendments to the Supplemental Declaration. The Supplemental Association may not make any Material Amendment or take any Extraordinary Action (as such terms are defined in Article XIII below) without the approval of the VA. (b) Eligible Mortgagees shall have the following rights: (i) the right to inspect Supplemental Association documents and records on the same terms as the Members; (ii) notice of any Material Amendment of the Supplemental Association documents; (iii) notice of any Extraordinary Action of the Supplemental Association; (iv) notice of any property loss, condemnation or eminent domain proceeding affecting the Limited Common Area resulting in a loss greater than ten percent (10%) of the annual budget or affecting any Lot insured by the Supplemental Association in which the Eligible Mortgagee has an interest; (v) notice of any termination, lapse or material modification of an insurance policy held by the Supplemental Association; (vi) notice of any default by an Owner of a Lot subject to a mortgage held by the Eligible Mortgagee in paying assessments or charges to the Supplemental Association which default remains uncured for sixty (60) consecutive days; 45 (vii) notice of any proposal to terminate the Supplemental Declaration or dissolve the Supplemental Association at least thirty (30) days before any action is taken; (viii) the right of a Majority of the Eligible Mortgagees to demand professional management; and (ix) the right of a Majority of the Eligible Mortgagees to demand an audit of the Supplemental Association's financial records. Section 12.2. Federal Housing Authority. To the extent required by the Federal Housing Authority (the “FHA”), if any of the Lots are security for a loan insured by the FHA and if there is a Class B Member, the following actions will require the prior approval of the FHA: (a) mergers, consolidations and dissolution of the Supplemental Association; (b) mortgaging or conveyance of the Limited Common Area; and (c) Material Amendment of this Supplemental Declaration. Section 12.3. Freddie Mac. Assuming that Mortgagees may securitize pools of mortgages, including mortgages on Lots and/or Dwelling Units in the Community, with the Federal Home Loan Mortgage Corporation (a/k/a “Freddie Mac”), the following requirements shall apply to all Lots and Dwelling Units in the Community: (a) Unless at least two-thirds (2/3) of the first Mortgagees (based on one vote for each first mortgage owned) or two-thirds (2/3) of the Class A Members have given their prior written approval, the Supplemental Association shall not take any of the following actions: (i) by act or omission, seek to abandon, partition, subdivide, encumber, sell or transfer the Limited Common Area. The re-subdivision and/or adjustment of boundary lines of the Limited Common Area and the granting of easements by the Supplemental Association shall not require the consent described in subsection (a) above; (ii) change the method of determining the obligations, assessments, dues, or other charges that may be levied against an Owner; (iii) by act or omission, waive or abandon any scheme of regulations or their enforcement pertaining to the architectural design or the exterior appearance of Dwelling Units and their appurtenances, the exterior maintenance of Dwelling Units and their appurtenances, the maintenance of the Limited Common Area, common fences and driveways, and the upkeep of lawns and plantings in the Parcel; 46 (iv) fail to maintain fire and extended coverage insurance on insurable parts of the Limited Common Area or other property owned by the Supplemental Association on a current replacement cost basis in an amount not less than one hundred percent (100%) of the insurable value, based on current replacement costs, not including land value; or (v) use hazard insurance proceeds for losses to the Limited Common Area or other property owned by the Supplemental Association for other than the repair, replacement or reconstruction of such property. (b) A Mortgagee shall be given written notification from the Supplemental Association of any default in the performance of an y obligation under this Supplemental Declaration or related Supplemental Association documents by the Owner of a Lot that is the security for the indebtedness due the Mortgagee, which default is not cured within sixty (60) days after the Owner's receipt of notice of the default. (c) A Mortgagee may, jointly or singly, pay taxes or other charges which are in default and which may or have become a charge against the Limited Common Area and may pay overdue premiums on hazard insurance policies or secure new hazard insurance coverage upon the lapse of a policy for such Limited Common Area. The Mortgagee making such payments shall be owed immediate reimbursement therefor from the Supplemental Association. (d) The assessments imposed by the Supplemental Association shall include an adequate reserve fund for maintenance, repairs and replacements for those parts of the Limited Common Area which may be replaced or require maintenance on a periodic basis. Such reserves shall be payable in regular installments rather than by Parcel Special Assessment. Section 12.4. Fannie Mae. Assuming that Mortgagees may secure funding for mortgage loans by selling mortgage loans, including mortgages on Lots and/or Dwelling Units in the Community, to the Federal National Mortgage Supplemental Association (a/k/a “Fannie Mae”), the following requirements shall apply to all Lots and Dwelling Units in the Community: (a) A Mortgagee shall be given written notification from the Supplemental Association of the following: (i) any condemnation or casualty loss that affects either a material portion of the Limited Common Area or the Lot that is the security for the indebtedness due the Mortgagee; (ii) any default in the performance of any obligation under this Supplemental Declaration or related Supplemental Association documents by the Owner of a Lot that is the security for the indebtedness due the Mortgagee, 47 which default is not cured within sixty (60) days after the Owner's receipt of notice of the default; (iii) any lapse, cancellation or material modification of any insurance policy or fidelity bond maintained by the Supplemental Association; or (iv) any proposed action that would require the consent of a specified percentage of Mortgagees. (b) Provided that improvements have been constructed in the Limited Common Area and provided that a Mortgagee gives written notice to the Supplemental Association that it has relied on the value of the improvements in making a loan on a portion or all of the Parcel, unless at least sixty-seven percent (67%) of the Members, and Mortgagees representing the Majority of those Lots with Mortgages have given their prior written approval, the Supplemental Association shall not add or amend any material provision of this Supplemental Declaration or related Supplemental Association documents concerning the following: (i) voting rights of any Member; (ii) assessments, assessment liens, or subordination of such liens; (iii) reserves for maintenance, repair and replacement of those parts of the Limited Common Area that may be replaced or require maintenance on a periodic basis; (iv) responsibility for maintenance and repair of the Parcel; (v) reallocation of interests in the Limited Common Area or rights to its use, except as provided in Article III and Article IV herein; (vi) converting Lots into Limited Common Area or vice versa; (vii) withdrawal of property from the Parcel; (viii) insurance or fidelity bonds; (ix) leasing of Dwelling Units; (x) imposition of any right of first refusal or similar restriction on the right of an Owner to sell, transfer or otherwise convey its property; (xi) a decision by the Supplemental Association to establish self- management when professional management has been required previously by a Mortgagee; (xii) restoration or repair of the Parcel after a hazard damage or partial condemnation; 48 (xiii) any provisions that are for the express benefit of Mortgagees; and (xiv) termination of the legal status of the Supplemental Association after substantial destruction or condemnation of the subdivision occurs. An addition or amendment to this Supplemental Declaration or related Supplemental Association documents shall not be considered material if it is for the purpose of clarification or correcting errors. A Mortgagee who receives a written request to approve additions or amendments who does not deliver or post to the requesting party a negative response within thirty (30) days of receipt of such request shall be deemed to have approved such request. Section12.5. General. (a) Condemnation. In the event that there is a condemnation or destruction of the Limited Common Area or other property owned by the Supplemental Association, to the extent practicable, condemnation or insurance proceeds shall be used to repair or replace the condemned or destroyed property. (b) Books and Records. A Mortgagee shall have the right to examine and copy at its expense the books and records of the Supplemental Association during normal business hours and upon reasonable notice to the Supplemental Association. (c) Notice. As set forth in this Article XII, Mortgagees shall have the right, upon request, to receive notice of (a) the decision of the Owners to abandon or terminate the Planned Unit Development (as defined by Fannie Mae); (b) any material amendment to the Supplemental Declaration, the Bylaws or the Articles; and (c) if professional management has been required by a Mortgagee, the decision of the Supplemental Association to terminate such professional management and assume self-management (d) Excess Proceeds. Should there be excess insurance or condemnation proceeds after the renovation, repair or reconstruction called for herein, such excess proceeds may be distributed equally to the Owners, apportioned equally among the Lots; subject, however, to the priority of a Mortgagee with regard to the proceeds applicable to the Lot securing said Mortgagee and in accordance with Indiana law. (e) Audited Financial Statement. The Supplemental Association must provide an audited financial statement for the preceding fiscal year to a Mortgagee upon its written request. (f) Termination. Eligible Mortgagees representing at least sixty-seven percent (67%) of the votes of the mortgaged Lots must consent to the termination of the legal status of the Supplemental Association for reasons other than substantial destruction or condemnation of the Parcel. (g) Damage to Limited Common Area. The Supplemental Association shall cause the immediate repair, reconstruction or renovation of any damage to the Limited 49 Common Area unless a decision not to repair, reconstruct or renovate is approved by the Board of Directors and a Majority of the Mortgagees. ARTICLE XIII. GENERAL PROVISIONS Section 13.1. Enforcement. The Supplemental Association, Supplemental Declarant or any Owner, in addition to the Development Standards and Architectural Control Committee, the Zoning Authority, the Declarant and the Corporation, as those terms are defined in the Master Declaration, shall have the right to enforce, by a proceeding at law or in equity, all restrictions, conditions, covenants, reservations, easements, liens and charges now or hereafter imposed by the provisions of this Supplemental Declaration or other Supplemental Association documents unless such right is specifically limited herein or therein. Failure by the Supplemental Association, Supplemental Declarant, any Owner or the Development Standards and Architectural Control Committee, the Zoning Authority, the Declarant or the Corporation to enforce any right, provision, covenant or condition which may be granted by this Supplemental Declaration shall not constitute a waiver of the right of the Supplemental Association or an Owner to enforce such right, provision, covenant or condition in the future. All rights, remedies and privileges granted to the Supplemental Association or any Owner pursuant to any term, provision, covenant or condition of the Supplemental Declaration shall be deemed to be cumulative and the exercise of any one or more thereof shall not be deemed to constitute an election of remedies nor shall it preclude the party exercising the same from exercising such privileges as may be granted to such party by this Supplemental Declaration or at law or in equity. Section 13.2. Severability; Headings; Conflicts. Invalidation of any one of the provisions of this Supplemental Declaration by judgment or court order shall in no way affect any other provision, which shall remain in full force and effect. Titles of paragraphs are for convenience only and are not intended to limit or expand the covenants, rights or obligations expressed therein. In the case of any conflict between the Articles and this Supplemental Declaration, this Supplemental Declaration shall control; in the case of any conflict between this Supplemental Declaration and the Bylaws, this Supplemental Declaration shall control. Section 13.3. Duration. The covenants and restrictions of this Supplemental Declaration shall run with and bind the Parcel and shall inure to the benefit of and be enforceable by the Supplemental Association or the Owner of any Lot subject to this Supplemental Declaration, their respective legal representatives, heirs, successors and assigns, unless such right is specifically limited herein, for a term of twenty (20) years from the date this Supplemental Declaration is recorded, after which time the covenants and restrictions of this Supplemental Declaration shall be automatically extended for successive periods of twenty (20) years each, unless terminated by a written and recorded instrument approved in advance by the affirmative and unanimous vote of all Members of the Supplemental Association and their respective Mortgagees. Section 13.4. Material Amendment/Extraordinary Action. 50 (a) Approval Requirements. In accordance with Federal Agencies' requirements, material amendments (“Material Amendments”) or extraordinary actions (''Extraordinary Actions”), as each such term is defined below, must be approved by Members entitled to cast at least sixty-seven percent (67%) of the votes of Members present and voting, in person or by prox y, at a meeting held in accordance with the notice and quorum requirements for Material Amendments and Extraordinary Actions contained in the Bylaws, such vote including the vote of a Majority of the Class A Members present and voting, in person or by proxy, at such meeting and the vote of the Class B Member, if any. (b) Material Amendment. A Material Amendment includes adding, deleting or modifying any provision regarding the following: (i) assessment basis or assessment liens; (ii) any method of imposing or determining any charges to be levied against individual Owners; (iii) reserves for maintenance, repair or replacement of Limited Common Area improvements; (iv) maintenance obligations; (v) allocation of rights to use Limited Common Areas, except as provided in Article III and Article IV herein; (vi) any scheme of regulation or enforcement of standards for maintenance, architectural design or exterior appearance of improvements on Lots; (vii) reduction of insurance requirements; (viii) restoration or repair of Limited Common Area improvements; (ix) the withdrawal of land from the Parcel; (x) voting rights; (xi) restrictions affecting leasing or sale of a Lot; or (xii) any provision which is for the express benefit of Mortgagees. (c) Extraordinary Action. Alternatively, an Extraordinary Action includes: (i) merging or consolidating the Supplemental Association (other than with another non-profit entity formed for purposes similar to this Supplemental Association); 51 (ii) determining not to require professional management if that management has been required by the Supplemental Association documents, a Majority of eligible Mortgagees or a Majority vote of the Members; (iii) abandoning, partitioning, encumbering, mortgaging, conveying, selling or otherwise transferring the Limited Common Area except for (i) granting easements; (ii) dedicating Limited Common Area as required by a public authority; (iii) re-subdividing or adjusting the boundary lines of the Limited Common Area; or transferring Limited Common Area pursuant to a merger or consolidation with a non-profit entity formed for purposes similar to the Supplemental Association; (iv) using insurance proceeds for purposes other than reconstruction or repair of the insured improvements; or making capital expenditures (other than for repair or replacement of existing improvements) during any period of twelve (12) consecutive months costing more than twenty percent (20%) of the annual operating budget. (d) Class Amendments. Any Material Amendment which changes the rights of any specific class of Members must be approved by Members entitled to cast at least the Majority of the votes of all Members of such class present and voting, in person or by proxy, at a meeting held in accordance with the requirements contained in the Bylaws. (e) Material Amendment and/or Extraordinary Actions Amendments. The following Material Amendments and Extraordinary Actions must be approved by Members entitled to cast at least ninety-five percent (95%) of all Members of the Supplemental Association, including the vote of the Class B Member, if any: (i) termination of this Supplemental Declaration; (ii) dissolution of the Supplemental Association, except pursuant to a consolidation or merger; and (iii) conveyance of all Limited Common Areas. (f) VA Amendments. If the VA has guaranteed any loans secured by a Lot, so long as there is a Class B Member, all Material Amendments and Extraordinary Actions must have the approval of the VA. Section 13.5. Amendment. Amendments to this Supplemental Declaration other than Material Amendments or Extraordinary Actions shall be approved by at least sixty-seven percent (67%) of the votes entitled to be cast by all Members present and voting, in person or by proxy, at any duly called and conveyed meeting, or in writing by Members entitled to cast at least sixty-seven percent (67%) of the total authorized votes of all Members and the vote of the Class B Member, if any. 52 Any amendment to this Supplemental Declaration must be properly executed and acknowledged by the Supplemental Association (in the manner required by law for the execution and acknowledgment of deeds) and recorded among the appropriate land records. Section 13.6. Special Amendment. Supplemental Declarant may make any amendment required by any of the Federal Agencies or by the Local Governing Authorities, as a condition of the approval of this Supplemental Declaration, by the execution and recordation of such amendment following notice to all Members. Notwithstanding anything herein to the contrary, Supplemental Declarant hereby reserves the right prior to the Authority Transfer Date to unilaterally amend and revise the standards, covenants and restrictions contained in this Supplemental Declaration for any reason. No such amendment, however, shall restrict or diminish materially the rights or increase or expand materially the obligations of Owners with respect to Lots conveyed to such Owners prior to the amendment or adversely affect the rights and interests of Mortgagees holding first mortgages on Lots at the time of such amendment. Supplemental Declarant shall give notice in writing to such Owners and Mortgagees of any amendments. Supplemental Declarant shall not have the right at any time by amendment of this Supplemental Declaration to grant or establish any easement through, across or over any Lot which Supplemental Declarant has previously conveyed without the consent of the Owner of such Lot. All amendments to this Supplemental Declaration shall be in writing and recorded among the appropriate land records. Section 13.7. Consent of Declarant of Master Declaration. In addition to any requirements set forth in this Supplement Declaration as to permitted amendments or modifications, the prior written consent of declarant under the Master Declaration is required for any amendments affecting the rights of declarant under the Master Declaration. Section 13.8. Waiver. Supplemental Declarant hereby expressly reserves unto itself (so long as these restrictions are in effect), the unqualified right to waive or alter from time to time such of the herein contained restrictions as it may deem best, as to any one or more of the Lots, which waiver or alteration shall be evidenced by the mutual written consent of Supplemental Declarant and the then-Owner of the Lot as to which some or all of said restrictions are to be waived or altered; such written consent shall be duly acknowledged and recorded in the Recorder's Office. Section 13.9. Casualty Insurance. Notwithstanding anything to the contrary contained in this Supplemental Declaration, each and every Owner shall maintain a casualty insurance policy affording fire and extended coverage insurance insuring such Owner's respective Lot and structures constructed thereupon including, but not limited to, the Dwelling Unit in an amount equal to the full replacement value of the improvements which in whole or in part, comprise the Dwelling Unit, including, without limitation, any Party Walls. Each and every Owner shall, in addition, also procure endorsements naming the Supplemental Association as an additional insured under such insurance policies and requiring each such insurer to provide (i) immediate written notice to the Supplemental Association of any cancellation of such policy, and (ii) at least thirty (30) days' written notice to the Supplemental Association prior to any termination or material modification of such policy. Each Owner of each Lot and/or 53 Dwelling Unit (regardless of whether or not its ownership is encumbered or is to be encumbered by a mortgage, deed of trust or similar indenture) will furnish to the Supplemental Association, at or prior to the closing of its acquisition of that Lot or Dwelling Unit, a certificate of insurance and endorsement, in form and content acceptable to the Supplemental Association, evidencing the insurance coverage described herein. Each such Owner shall, prior to the expiration of the term of any such insurance policy, procure and deliver to the Supplemental Association a renewal or replacement policy in form and content acceptable to the Supplemental Association, including an endorsement naming the Supplemental Association as an additional insured. If any such Owner fails to provide evidence of such coverage satisfactory to the Supplemental Association, the Supplemental Association will have the right, but no obligation, to procure such coverage at the expense of the applicable Owner, and the cost of procuring such insurance will be assessed to that Owner as a Parcel Special Assessment and shall be immediately due and payable upon demand. Owners shall not do or permit any act or thing to be done in or to a Lot or Dwelling Unit which is contrary to law or which invalidates or is in conflict with the Owner's policy of insurance. An Owner who fails to comply with the provisions of this paragraph shall pay all costs, expenses, liens, penalties, or damages which may be imposed upon the Owner, Supplemental Declarant or the Supplemental Association by reason thereof. Section 13.10. Withdrawable Real Estate. (a) Prior to the date which is five (5) years after the date of the recordation of this Supplemental Declaration, Supplemental Declarant shall have the unilateral right, without the consent of the Class A Members or any Mortgagee, to execute and record an amendment to this Supplemental Declaration withdrawing any portion of the Parcel upon which Dwelling Units have not been constructed. (b) Upon the dedication or the conveyance to any public entity or authority of any portion of the Parcel for public street purposes, this Supplemental Declaration shall no longer be applicable to the land so dedicated or conveyed. Section 13.11. Management Contracts. The Board of Directors may enter into professional management contract(s) for the management of the Parcel, in accordance with the Articles and Bylaws. Section 13.12. Dissolution. Subject to the restrictions and conditions contained in Article XII and this Article XIII, the Supplemental Association may be dissolved with the assent given in writing and signed by at least ninety-five percent (95%) of all Members of the Supplemental Association. Upon dissolution of the Supplemental Association, other than incident to a merger or consolidation, the assets of the Supplemental Association, both real and personal, shall be offered to an appropriate public agency to be devoted to purposes and uses that would most nearly reflect the purposes and uses to which they were required to be devoted by the Supplemental Association. In the event that such offer of dedication is refused, such assets shall be then offered to be granted, conveyed or assigned to any non-profit corporation, trust or other organization devoted to similar purposes and in accordance with Indiana law. Any such dedication or transfer of the Limited Common Area shall not be in 54 conflict with then-governing zoning ordinances or the designation of the Limited Common Area as “open space”. Section 13.13. Negligence. Each Owner shall be liable for the expense of any maintenance, repair or replacement rendered necessary by his negligence or by that of any member of his family or his or their guests, employees, agents, invitees or lessees, to the extent that such expense is not covered by the proceeds of insurance carried by the Supplemental Association. An Owner shall pay the amount of any increase in insurance premiums occasioned by violation of any of the Restrictions by such Owner, any member of his family or their respective guests, employees, agents, invitees or tenants. Section 13.14. Acceptance and Ratification. All present and future Owners, Mortgagees, tenants and occupants of the Lots and Dwelling Units, and other Persons claiming by, through or under them, shall be subject to and shall comply with the provisions of this Supplemental Declaration, the Articles, the By-Laws and the rules, regulations and guidelines as adopted by the Board of Directors and (to the extent of its jurisdiction) the Architectural Review Board, or any committee thereof, as each may be amended or supplemented from time to time. The acceptance of a deed of conveyance or the act of occupancy of any Lot or Dwelling Unit shall constitute an agreement that the provisions of this Supplemental Declaration, the Articles, the Bylaws and rules, regulations and guidelines, as each may be amended or supplemented from time to time, are accepted and ratified by such Owner, tenant or occupant, and all such provisions shall be covenants running with the land and shall bind any Person having at any time any interest or estate in a Lot or Dwelling Unit or the Parcel, all as though such provisions were recited and stipulated at length in each and every deed, conveyance, mortgage or lease thereof. All Persons who may own, occupy, use, enjoy or control a Lot or Dwelling Unit or any part of the Parcel in any manner shall be subject to this and guidelines applicable thereto as each may be amended or supplemented from time to time. Section 13.15. Perpetuities. If any of the covenants, conditions, restrictions, or other provisions of this Supplemental Declaration would be unlawful, void, or voidable for violation of the common law rule against perpetuities, then such provisions shall continue on for the maximum amount of time as allowed by Indiana Code 32-17-8, et seq. as amended from time to time. ARTICLE XIV. RELATIONSHIP OF SUPPLEMENTAL DECLARATION TO MASTER DECLARATION Section 14.1. Subject to Master Declaration and Amenity Declaration. The Parcel and all Lots, real estate and Limited Common Facilities located therein are hereby annexed to and made subject in all respects to the (i) Master Declaration and are, therefore, part of the Property, as that term is defined in the Master Declaration, and subject in all respects to the Master Declaration and all covenants, restrictions, easements, charges, assessments and liens set forth in the Master Declaration and (ii) the Amenity Declaration and are, therefore, part of the Parcel, as that term is defined in the Amenity Declaration, and subject in all respects to the Amenity 55 Declaration and all covenants, restrictions, easements, charges, assessments and liens set forth in the Amenity Declaration. In addition to being subject in all respects to all covenants, restrictions, easements, charges, assessments and liens set forth in the Master Declaration, the Parcel and all Lots, real estate and Limited Common Facilities located therein shall further be, transferred, sold, conveyed and occupied subject as well to the covenants, restrictions, easements, charges and liens set forth in this Supplemental Declaration. The provisions of Section 2 of the Master Declaration shall apply to the relation of this Supplemental Declaration and the Supplemental Association to the Master Declaration and the Corporation, respectively. For purposes of the Master Declaration, the “Assigned Vote”, as that term is defined in the Master Declaration, for the entirety of the Parcel shall equal the Assigned Vote corresponding in the Valuation Table, as that term is defined in the Master Declaration, to a “Larger Attached Residential Units For Sale”, as that term is defined in the Master Declaration, multiplied by the total number of Lots in the Parcel that is subject to this Supplemental Declaration. Section 14.2. Selected Amenity Director. After the Amenity Applicable Date, as that term is defined in the Amenity Declaration, the Supplemental Board shall select its “Selected Amenity Director” on the Amenity Board per the terms of the Amenity Declaration, Amenity Articles and Amenity Bylaws. The Selected Amenity Director may be removed and replaced at any time by a Majority of the Supplemental Board. Section 14.3. Selected Corporate Director. After the Applicable Date, as that term is defined in the Master Declaration, the Supplemental Board shall select one of its directors as its “Selected Corporate Director” to serve on the Corporate Board per the terms of the Master Declaration, Corporate Articles and the Corporate Bylaws. The Selected Corporate Director may be removed and replaced at any time by a Majority of the Supplemental Board. Section 14.4. Creation of the Lien and Personal Obligation of Assessments. Per the terms of and as more fully set forth in the Master Declaration, each Owner (other than Supplemental Declarant and Designated Builders) of any Lot, by acceptance of a deed thereto, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Corporation certain assessments, which assessments include (i) the General Assessment, as that term is defined in the Master Declaration, the initial rate of which shall be one hundred forty-three and 50/100 dollars ($143.50) per Lot per year, (ii) Plaza/Community Drive Assessment, as that term is defined in the Master Declaration, the initial rate of which shall be seventeen and 50/100 dollars ($17.50) per Lot per year and (iii) the Initial Assessment, as that term is defined in the Master Declaration, the initial rate of which shall be two hundred fifty dollars ($250.00) per Lot. In addition, each Owner (other than Supplemental Declarant and Designated Builders) of any Lot by acceptance of a deed thereto, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Supplemental Association (i) the Parcel Regular Assessments, (ii) the Parcel Special Assessments; (iii) the Working Capital Assessments; (iv) and any other assessments set forth in this Supplemental Declaration; such assessments to be established and collected as hereinafter provided (collectively the “Parcel Assessments”). The Parcel Assessments along with all other assessments specified in this Supplemental Declaration, are in addition to assessments imposed under the Master Declaration and unless and until otherwise directed in writing by the Master 56 Board, the Supplemental Association shall be responsible not only for collecting all assessments specified in this Supplemental Declaration, but also for collecting the General Assessment. 14.5. General Community Rules. Each Lot shall be subject to the guidelines, rules, regulations and procedures adopted by the Corporation, the Supplemental Association or any instrumentality thereof in accordance with the authority granted by the Master Declaration and this Supplemental Declaration. [signatures on following pages] 57 WITNESS the following signatures: SUPPLEMENTAL DECLARANT: Lennar Homes of Indiana, Inc., a Delaware corporation By: Keith Lash Vice President EXECUTED AND DELIVERED in my presence: Signature: ___________________________ Print: _______________________________ STATE OF INDIANA ) )SS: COUNTY OF HAMILTON ) Before me, a Notary Public in and for said County and State, personally appeared Keith Lash, Vice President of Lennar Homes of Indiana, Inc., who acknowledged the execution of the foregoing Supplemental Declaration of Covenants, Conditions and Restrictions for Windward at Legacy. Witness my hand and Notarial Seal this _____, day of _________, 2018. Wanda Wooldridge, Notary Public Resident of Hamilton County, IN My Commission Expires 8-27-22 58 STATE OF INDIANA ) ) SS: COUNTY OF HAMILTON ) Before me, a Notary Public in and for said County and State, personally appeared __________________________, being known to me as the person whose name is subscribed as a witness to the foregoing instrument, who, being duly sworn by me, deposes and says that the forgoing instrument was executed and delivered by Keith Lash, Vice President of Lennar Homes of Indiana, Inc., a Delaware corporation, in the above-named subscribing witness’s presence, and that the above-named subscribing witness is not a party to the transaction described in the forgoing instrument and will not receive any interest in or proceeds from the property that is the subject of the forgoing instrument. WITNESS my hand and Notarial Seal this _____ day of ________, 2020. My Commission Expires: ___________________________________ ____________________ Notary Public My County of Residence: ___________________________________ ____________________ Printed Falcon Nest II LLC, signs immediately below for the sole and only purpose of consenting to and authorizing, as the Declarant in the Master Declaration, the foregoing “Supplemental Declaration of Covenants, Conditions, Easements, and Restrictions of Windward at Legacy”. Falcon Nest II LLC, an Indiana limited liability company By: ___________________________ Rajai Zumot, Executive Officer COMMONWEALTH OF VIRGINA ) 59 ) SS: COUNTY OF FAIRFAX ) Before me, a Notary Public in and for said County and State, personally appeared Rajai Zumot, Executive Officer of Falcon Nest II LLC, an Indiana limited liability company, who acknowledged the execution and the foregoing “Supplemental Declaration of Covenants, Conditions, Easements, and Restrictions of Windward at Legacy” this ____ day of ____________, 2018 for and on behalf of said entity for the sole and only purpose stated above. My Commission Expires: ___________________________________ ____________________ Notary Public Residing in _____________ ___________________________________ County, Virginia Printed Name COMMONWEALTH OF VIRGINA ) ) SS: COUNTY OF FAIRFAX ) Before me, a Notary Public in and for said County and State, personally appeared __________________________, being known to me as the person whose name is subscribed as a witness to the foregoing instrument, who, being duly sworn by me, deposes and says that the forgoing instrument was executed and delivered by Rajai Zumot, Executive Officer of Falcon Nest II LLC, an Indiana limited liability company, in the above-named subscribing witness’s presence, and that the above-named subscribing witness is not a party to the transaction described in the forgoing instrument and will not receive any interest in or proceeds from the property that is the subject of the forgoing instrument. WITNESS my hand and Notarial Seal this _____ day of ________, 2020. My Commission Expires: ___________________________________ ____________________ Notary Public My County of Residence: ___________________________________ ____________________ Printed This instrument was prepared by and after recording return to: Wanda Wooldridge, 9025 North River Road, Suite 100, Indianapolis, IN 46240. I affirm, under the penalties for 60 perjury, that I have taken reasonable care to redact each Social Security number in this document, unless required by law. Wanda Wooldridge EXHIBIT A WINDWARD AT LEGACY LAND DESCRIPTION DESCRIPTION PER SURVEY A part of the Northwest Quarter of Section 23, Township 18 North, Range 4 East of the Second Principal Meridian, Clay Township, Hamilton County, Indiana, based upon a survey prepared by Kristopher K. Eichhorn, Professional Surveyor Number 21000230, HWC Engineering Job Number 2019-287, dated April 30, 2020, more particularly described as follows: COMMENCING at the northeast corner of L.C.A. #5 in the Final Plat of The Grove at The Legacy, Section Two, as recorded in Plat Cabinet 5, Slide 852 as Instrument Number 2018030350 in the Office of the Recorder of Hamilton County, Indiana; thence North 00 degrees 00 minutes 00 seconds East (assumed bearing) a distance of 342.69 feet to the POINT OF BEGINNING, marked by a 5/8-inch rebar with cap stamped "HWC Engineering Firm #0114" (hereinafter referred to as a "Capped Rebar"; thence South 90 degrees 00 minutes 00 seconds West a distance of 1121.80 feet to a mag nail with washer stamped "HWC Engineering Firm #0114" on the east line of C.A. #8 in the Final Plat of The Ridge at The Legacy, Section Three, as recorded in Plat Cabinet 5, Slide 279 as Instrument Number 2014054239 in said Recorder's Office; thence North 00 degrees 29 minutes 58 seconds West along said east line a distance of 437.29 feet to a "Capped Rebar"; thence North 90 degrees 00 minutes 00 seconds East a distance of 891.36 feet; thence South 00 degrees 00 minutes 00 seconds East a distance of 174.27 feet to a "Capped Rebar" at the point of curvature of a curve to the left having a radius of 15.00 feet; thence southeasterly along said curve an arc distance of 23.56 feet being subtended by a long chord having a bearing of South 45 degrees 00 minutes 00 seconds East and a chord length of 21.21 feet to a "Capped Rebar"; thence North 90 degrees 00 minutes 00 seconds East a distance of 140.35 feet to a "Capped Rebar" at the point of curvature of a curve to the left having a radius of 768.00 feet; thence easterly along said curve an arc distance of 145.48 feet being subtended by a long chord having a bearing of North 84 degrees 34 minutes 24 seconds East and a chord length of 145.26 feet to a "Capped Rebar"; thence North 79 degrees 08 minutes 48 seconds East a distance of 167.81 feet to a "Capped Rebar" at the point of curvature of a curve to the right having a radius of 232.00 feet; thence easterly along said curve an arc distance of 43.95 feet being subtended by a long chord having a bearing of North 84 degrees 34 minutes 24 seconds East and a chord length of 43.88 feet to a "Capped Rebar" on the northerly extension of the west line of Equality Boulevard as described in Instrument Number 2015001386 in said Recorder's Office; thence South 00 degrees 00 minutes 00 seconds West along said northerly extension, along the west line of said Equality Boulevard and along the west line of the tract of land described in Instrument Number 2014022494 (corrected by Instrument Number 2015013368) in said Recorder's Office a distance of 297.49 feet to a "Capped Rebar"; thence South 90 degrees 00 minutes 00 seconds West a distance of 274.21 feet to the POINT OF BEGINNING, containing 12.000 acres, more or less. NOTICE OF INTENT TO CONSTRUCT A WATER MAIN EXTENSION * State Form 49008 (R3 / 4-15) Approved by State Board of Accounts, 2015 PermitGeneral ConstructionFor Water Main Extensions 1. Title of proposed project 2. County of proposed project Windward at Legacy Townhomes Hamilton 3. Location of proposed project (including nearest public intersection and nearest quarter Section, Township, Range) 500 feet west of the intersection of Community Drive and Equality Boulevard, Carmel, IN Part of the NW 1/4 of Section 23, Township 18 North, Range 4 East 4. Name, title, e-mail address and firm of responsible person (as defined in 3271AC 8-3.5-6) 5. Telephone number of responsible person Keith Lash, V.P. Land Acquisition and Development ( 317) 659-3200 Lennar Homes of Indiana, Inc. a Delaware Corporation 6. Address of responsible person (number and street, city state, and ZIP code) 11555 N Meridian St, Suite 400, Carmel, IN 46032 7. Name of Public Water System (PWS) Carmel Water Department 8. PWS identification number 5229004 9. Address of PWS (number and street, city, state, and ZIP code) 30 West Main Street, Suite 220, Carmel, IN 46032 10. Telephone number of PWS ( 317) 571-2451 11. Name and firm of professional engineer 12. Telephone number of professional engineer Kristopher K. Eichhorn, HWC Engineering ( 317) 981-1249 13. Address (number and street, city, state, and ZIP code) and e-mail address of professional engineer 135 N. Pennsylvania St., Suite 2800, Indianapolis, IN 46204 14. Name and e-mail address of developer (If applicable) Keith Lash keith.lash@lennar.com 15. Telephone number of developer ( 317) 659-3200 16. Address of developer (number and street, city, state, and ZIP code) 9025 North River Road, Suite 100, Indianapolis, IN 46240 17. Timing of construction (check one of the following): [� The proposed construction of the water main will begin on Nov 2020 and be completed on Nov 2021 . (Cannot begin construction less than thirty (30) days after IDEM receives a complete and sufficient NOI.) ❑ The proposed construction schedule will be submitted separate from this NOI at least ten (10) working days before the commencement of the construction and will include a copy of the information on the first page of this NOI. (Cannot begin construction less than thirty (30) days after IDEM receives a -complete and sufficient NOI. 18. Fee Schedule: The complete NOI form may be submitted by e-mail (dwnoi@idem.in.gov) or by certified mail to the ❑ No fee, exempted under 327 IAC 8-3-7(a). address below. ❑ No fee for water main extensions under 2,500 linear feet. Indiana Department of Environmental Management $150 for water main extensions from 2,501 to 5,000 linear feet. Drinking Water Permits Section (IGCN Rm 1201) 100 North Senate Avenue ❑ $250 for water main extensions from 5001 to 10,000 linear feet. Indianapolis, IN 46204 ❑ $500 for water main extensions greater than 10,000 linear feet, ifa fee is required, see instructions forpayment options. 19. Certifications: Responsible Person: "I certify that 1 have reviewed and understand the applicability and eligibility requirements of this rule and that the water main proposed with the submission of this NOI meets the applicability and eligibility requirements of this rule. I also certify that the design and construction of this project will be performed under my direction or supervision to assure conformance with 327 IAC 8-3.5 and will meet all local rules or laws, regulations and ordinances. The information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant for false penalties submitting information, including the possibility of fine and imprisonment. Signatpurrof r sponsible person Date signed (month, day, year) 10/13/2020 Professional Engineer: "I certify under the penalty of law that the design of this project will be performed under my direction or supervision to assure conformance with 327 IAC 8- 3.5 and that the plans and specification will require the construction of said project to be in performed conformance with this rule. The design of the proposed project will meet all local rules or law, regulations and ordinances. The information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment." Sign re o nginear Date signed (month, day, year) o - r �, o Page 4 of 5 Developer: "I certify under the penalty of law that the construction of this project will be performed under my direction or supervision to assure conformance with 327 IAC 8-3.5. The construction of proposed project will meet all local rules or laws, regulations and ordinances. The information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment." 10/13/2020 PWS Representative: "I certify under the penalty of law that I have agreed to furnish water to the area in which the water main is proposed. I acknowledge the public water system's responsibility for examining the plans and specifications to determine that the proposed water main meet local rules or laws and ordinances. I also acknowledge the public water system's responsibilities as outlined in 327 IAC 8-3.5-12. 1 am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment." of Project Design Criteria: Alternative Technical Standards (327 IAC 8-3.2-20) 20. Are any "Alternative Technical Standards" proposed to be used in this project? ❑ Yes, I have attached copies of the approval with the NOI. V No Public Water System Capacity Status 21. The PWS's Daily Production Firm Capacity: A. MGD B. 22. The PWS's five (5) highest demand days in the previous two (2) years only: Demand (MGD) Date (mon 1. 2. 3. 4. 5. 23. Average of five (5) Peak Daily Demand (PDD) listed above: 24. Ratio of PDD to PWS Daily Production Capacity = (Item D = Item C / Item A x 100) 25. Anticipated Customer Demand of Proposed Water Main Residential Customers: E. Number of homes F.Average Daily Demand times Peaking Factor (at least 142 gpm/home) 0.87 Other (Commercial and Industrial) Customers: Description (including size of domestic meter): GPM C. MGD D. % TotalAverage Daily Demand times Peaking Factor (G = E x F) 123.54 Average Daily Demand (the 'Safe Maximum Operating Capacity" of domestic meted gpm gpm Sub Total: H. gpm Total Customer Demand of Proposed Water Main (gpm) = (Item G + item H) I. 52.2 Ratio of total Customer Demand of Proposed Water Main (gpm) to the PWS Daily Production Firm Capacity (gpm) (Item J = Item I/ Item B x 100) J. 26. Cross Connection Hazard Prevention A. Are any of the new customers included in Section 25 designated as cross connection hazards (see instructions)? B, Will an air gap be constructed or a reduced pressure principal backflow preventer be installed on the customer's service line? gpm ❑ Yes [Z No ❑ N/A ❑ Yes m No ❑ NIA Page 5 of 5 ,i$YOR'S OFFI ;_ C � ti �Centon C. LPJard, CF7Vf Surveyor of Namilton County Phone (317) 776-Lr495 Fax (317) 796-9629 HWC Engineering 135 N Pennsylvania Street Indianapolis, IN 46204 RE: Legacy Townhomes Suite rd8 One .71amilton County Square 7Voblesville, Indiana 46o60-2230 We have reviewed the coustruction plans submitted to the Hamilton County Surveyor's Office on January 9th, 2020 for this project and have the following comments: 1. The proposed project DOES fall in a Carmel wellhead protection zone. 2. The proposed project falls in the Tunis Garrard Shed and the Elizabeth Warner Regulated Drain Watershed. 3. The site in question has a significant amount of 100 year floodplain. Per Section 105.01 of the HCSMTSM, a site specific floodplain study will be required for this project to determine adequate flood protection grades above the 100 year flood elevation 4. Many items and the review are contingent on the required floodplain study, like easement reduction and if any floodplain fill is proposed. 5. Be advised, the majority of the soil on this site consists of Westland soil which which drains very poorly and water permeates very slowly. 6. Please provide updated construction plans once all TAC comments have been addressed. 7. Please note, additional comments may be warranted at a later date. Should you have any questions, I can be reached at Samuel.dark@hamiltoncounty.in.gov Sincerely, Sam Clark Plan Reviewer CC: Alex Jordan —City of Carmel John Thomas —City of Carmel Alexia Lopez —City of Carmel Angie Conn —City of Carmel Rachel Keesling—City of Carmel From:Warner, Caleb To:Kyle Eichhorn Cc:Stu Huckelberry Subject:RE: BOPW - Waiver Request - Windward at Legacy Date:Tuesday, January 5, 2021 11:30:10 AM Attachments:image001.png I’ll get this on the agenda for the 1/20 meeting. Sincerely, Caleb Warner Engineering Administrator City of Carmel Engineering Dept. (317) 571-2364 From: Kyle Eichhorn <keichhorn@hwcengineering.com> Sent: Tuesday, January 5, 2021 9:08 AM To: Warner, Caleb <cwarner@carmel.in.gov> Cc: Stu Huckelberry <Stuart.Huckelberry@lennar.com> Subject: BOPW - Waiver Request - Windward at Legacy **** This is an EXTERNAL email. Please exercise caution and Do Not open attachments or click links from unknown senders or unexpected email. **** Caleb, We have a few pipe runs that are below the minimum 2.5’ of cover, so we are formally requesting waivers for these per Willie’s latest review on Project Dox. I have attached the request letter with the list. Thanks, Kyle Eichhorn, PE, PS Project Manager HWC Engineering 135 N. Pennsylvania Street, Suite 2800 Indianapolis, IN 46204 (o) 317.981.1249 (c) 317.385.1334 www.hwcengineering.com The information contained in this communication is confidential, private, proprietary, orotherwise privileged and is intended only for the use of the addressee. Unauthorized use, disclosure, distribution or copying is strictly prohibited and may be unlawful. If you havereceived this communication in error, please notify the sender immediately at 317-347-3663. To: City of Carmel Board of Public Works One Civic Square Carmel, Indiana 46032 Date: January 4, 2021 Attn: Caleb Warner Re: Windward at Legacy Townhomes Waivers Caleb, Please consider this letter as a formal request to seek Waivers for the following items at Windward at Legacy Townhomes: Carmel Stormwater Technical Standards Manual Section 501.01: Pipe Cover: There should be no less than 2.5 feet of cover along any part of the pipe from final pavement elevation or final ground surface elevation to the top of the pipe. Due to site constraints related to the existing swale that accepts the site drainage, the following pipes will have the approximate cover listed. Pipes denoted as “Class V” are in traffic areas and will be Class V pipe to accommodate traffic loads. Pipe Cover (feet) Notes 605-604 2.3 Class V 606-605 2.4 Class V 612-611 2.3 613-612 2.2 613A-613 2.1 Class V 614-613A 2.3 615-614 2.1 Class V 616-615 2.3 617-616 2.2 Class V 618-617 2.2 619-618 1.3 Temp. End Section 634-633 2.3 Class V 638-637 2.4 639-638 2.3 Class V 640-639 2.2 Class V 641-640 2.1 Class V 642-641 1.9 Class V 642-643 2.1 644-643 1.2 Temp. End Section Sincerely, Kyle Eichhorn, PE, PS Project Manager INSTRUCTIONS FOR OUTLET PERMIT REQUESTS HAMILTON COUNTY SURVEYOR’S OFFICE KENTON C. WARD, SURVEYOR 1. Request shall be made to the Hamilton County Surveyor’s Office. 2. Request shall be made on standard form only, completely filled out with: a. Name of Drain. b. Parcel number of property involved. c. Project name (if none then put individual’s name). d. Name & address of owner/contractor. e. Specifications of the outlet shall include calculations; if required, size of the drain, length of the drain, and gradient of the drain. This office may require more details depending on the characteristics of the outlet. f. Plot plan showing regulated drain, private drain location, size and type of drain material, point of connection, lot lines, buildings, physical features, platted easements/rights-of-way, and any other information required by the Surveyor’s Office. g. Copy of warranty deed (if property has transferred in last 60 days). 3. The form must be signed by the applicant or an agent of the applicant. 4. Checks or money orders are to be made payable to the Hamilton County Treasurer. Fees are as follows: a. Individuals $ 75.00/Outlet b. Subdivisions, Commercial projects and Utilities $150.00/Outlet c. Indirect (subdivision & commercial projects) $150.00/Outlet 5. Permit fee is a non-refundable review fee. Name of Drain: __________________________ Project Name:__________________________ Parcel Number: _________________________ Township: _____________________________ Applicant’s Name:________________________ Property Owner:_______________________ Address:________________________________ Property Address:______________________ ________________________________________ ______________________________________ Phone:(____)_____________________________ Phone:(____)___________________________ E-mail:__________________________________ E-mail: _______________________________ Contractor- Installer: _____________________________________________________________ Address: ________________________________________________________________________ Phone:(____)______________________ E-mail:________________________________ Purpose of Private Tile: ___________________________________________________________ Size of Tile: _____________ Type of Tile: _____________ Length of Tile: _____________ Number of Outlets: _____________ Location of Outlet: _______________________________________________________________ Will private tile cross property not owned by the applicant?_____________________________ If yes, list parcel numbers, names and addresses of those that will be crossed: ________________________________________________________________________________ ________________________________________________________________________________ I hereby request permission to outlet a private drain into the above mentioned regulated drain. The construction shall conform to the standards of the County Surveyor at the point of connection with the regulated drain. A location map of the drain is attached showing the location of the regulated drain, private drain, point of connection, lot lines, buildings and other physical features, and platted easements and right-of-ways. This request is made as per I. C. 36-9-27-17. ___________________________________ _____________________________________ Applicant’s Signature Date Check Title: Owner:______ Contractor:______ Engineer:______ Tenant:______ Other:______ ***For Office Use Only*** Permit#:_________________ Plan Project Number: ________________ Check:_____________ Engineering Firm: ____________________________ OUTLET REQUEST HAMILTON COUNTY SURVEYORS OFFICE One Hamilton County Square, Suite 188 Noblesville, Indiana 46060 317-776-8495 fax: 317-776-9628 Revised May 2014 URVEYOR'S OFFI 0 E 4 t/v 7Centon C. hard, Surveyor of .Hamilton County 7'hone (3 x7) 776-9495 Fax (317) 776-3629 8/20/2020 HWC Engineering 135 N. Pennsylvania Avenue, Suite 2800 Indianapolis, IN 46204 Suite x88 One Namilton County Square T'oblesville, Indiana 46o6o-z230 RE; Windward at Legacy 1. The project falls in the incorporated area and MS4 jurisdiction of the City of Carmel. 2. The proposed project DOES fall in a Carmel Wellhead Protection Zone. 3. The proposed project falls in the Elizabeth Warner Regulated Drain Watershed. 4. Please provide an outlet connection permit for the indirect connection to the Elizabeth Warner regulated drain. 5. Surveyor's office has no comments or concerns with this project at this time. 6. Please note, additional comments may be warranted at a later date. Should you have any questions, I can be reached at Samuel.dark@hamiltoncounty.in.gov Sincerely, Sam Clark Plan Reviewer