HomeMy WebLinkAboutNorth End Master Declaration (2)
MASTER DECLARATION OF COVENANTS AND
RESTRICTIONS
OF
NORTH END
Recorded_________________, 2020
Instrument No. ________________
Office of the Recorder of Hamilton County
03/31/21
MASTER
DECLARATION OF COVENANTS AND RESTRICTIONS
NORTH END
TABLE OF CONTENTS
Page
Section 1. Definitions ............................................................................................. 2
Section 2. Declaration and Relation to Supplemental Declarations
and Associations .................................................................................... 2
A. Declaration ...................................................................................... 2
B. Relation to Supplemental Declarations ........................................... 2
C. Relation of Corporation to Supplemental Associations .................. 2
Section 3. Additions to and Withdrawals from the Property .................................. 2
A. Additions ......................................................................................... 2
B. Withdrawals .................................................................................... 3
Section 4. Common Area ........................................................................................ 3
A. Development of Common Area ...................................................... 3
B. Maintenance .................................................................................... 3
C. Title ................................................................................................. 4
Section 5. The Common Area Use and Improvement ............................................ 4
A. Use and Improvements .................................................................... 4
Section 6. The Ponds .............................................................................................. 4
A. Maintenance of Banks of Ponds ....................................................... 4
B. Use .................................................................................................. 4
Section 7. The Amenity Area(s) ............................................................................. 5
Section 8. Drainage System .................................................................................... 5
Section 9. Paths ....................................................................................................... 5
Section 10. Entry Ways, Landscape Easements and Round-Abouts ........................ 5
A. Entry Ways ...................................................................................... 5
B. Landscape Easements ..................................................................... 5
C. Round-Abouts ................................................................................. 5
Section 11. Street Trees; Snow Removal; Trash Removal ....................................... 6
A. Street Trees ..................................................................................... 6
B. Snow Removal ................................................................................ 6
C. Trash Removal ................................................................................ 6
Section 12. Shared Parking Lots ............................................................................... 6
Section 13. Change of Use of Common Area ........................................................... 6
Section 14. North End Master Association, Inc. ....................................................... 6
A. Membership .................................................................................... 6
B. Powers ............................................................................................ 6
C. Board of Directors .......................................................................... 6
D. Maintenance Standards ................................................................... 7
E. Insurance, Taxes and Utilities ......................................................... 7
F. Limitations on Action by the Corporation ...................................... 7
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G. Mergers ........................................................................................... 7
Section 15. Assessments. .......................................................................................... 7
A. Creation of the Lien and Personal Obligation of Assessments ....... 7
B. General Assessment ........................................................................ 8
C. Reserved ....................................................................................... 10
D. Initial Assessment ......................................................................... 12
E. Real Estate Subsequently Annexed…………………………….. 13
F. Capital Assessment ....................................................................... 13
G. Effect of Nonpayment of Assessments; Remedies of the
Corporation ................................................................................... 13
H. Subordination of the Lien to Mortgages ....................................... 13
I. Certificates .................................................................................... 13
J. Corporation’s Annual Budget Plan ............................................... 13
K. Special Assessments ..................................................................... 14
L. Violation Assessments .................................................................. 14
Section 16. Architectural Control. .......................................................................... 14
Section 17 Common Area and Common Facilities ................................................ 15
A. Ownership ..................................................................................... 15
B. Density of Use .............................................................................. 15
C. Management and Control.............................................................. 15
D. Easements of Enjoyment .............................................................. 15
E. Extent of Easements ..................................................................... 16
F. Additional Rights of Use .............................................................. 17
G. Damage or Destruction by Owner ................................................ 17
H. Conveyance of Title ...................................................................... 17
I. Limited General Common Area and Limited Common Facilities 18
Section 18. Use of Property .................................................................................... 18
A. Protective Covenants .................................................................... 18
B. Maintenance of Property ............................................................... 18
Section 19. Easements ............................................................................................ 19
A. Plat Easements .............................................................................. 19
B. General Easement ......................................................................... 20
C. Public Health and Safety Easements ............................................. 21
D. Crossing Underground Easements ................................................ 21
E. Master Developer’s Easement to Correct Drainage ...................... 21
F. Water Retention ............................................................................ 21
G. Damage ......................................................................................... 21
H. Connections Authorized ............................................................... 21
Section 20. Use of Lots during Development ......................................................... 21
A. By Master Developer .................................................................... 21
B. By Builders ................................................................................... 22
Section 21. Enforcement ......................................................................................... 22
Section 22. Limitations on Rights of the Corporation and
Supplemental Association .................................................................... 22
Section 23. Approvals by Master Developer and PRF ........................................... 22
Section 24. Mortgages ............................................................................................ 22
A. Notice to Corporation ................................................................... 22
B. Notices to Mortgagees .................................................................. 23
C. Notice of Unpaid Assessments ..................................................... 23
D. Financial Statement ...................................................................... 23
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E. Payments by Mortgagees .............................................................. 23
Section 25. Amendments ........................................................................................ 23
A. Generally ...................................................................................... 23
B. By Master Developer .................................................................... 24
C. Approval by Zoning Authority ..................................................... 24
D. Class Approval.............................................................................. 24
E. Effective Date ............................................................................... 24
Section 26. Interpretation ........................................................................................ 24
Section 27. Duration ............................................................................................... 24
Section 28. Severability .......................................................................................... 24
Section 29. Non-Liability of Master Developer ...................................................... 24
Section 30. Compliance with the Soil Erosion Control Plan .................................. 24
A. The Plan ........................................................................................ 24
B. Maintenance .................................................................................. 25
C. Indemnity ...................................................................................... 25
Section 31. Project Agreement Matters .................................................................. 25
Section 32. Right to Develop .................................................................................. 25
Section 33. Exclusive Rights to Use Name of Development .................................. 25
Section 34. Right to Approve Additional Covenants .............................................. 25
Section 35. Perpetuities........................................................................................... 25
Section 36. Mechanic’s Liens ................................................................................. 25
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MASTER
DECLARATION OF COVENANTS AND RESTRICTIONS OF
NORTH END
This Master Declaration of Covenants and Restrictions (the “Declaration”), is made as of the ____
day of _____________, 2020, by NORTH END LAND DEVELOPMENT, LLC, an Indiana limited liability
company (“Master Developer”), and;
WITNESSETH:
WHEREAS, Master Developer is the Owner of certain real estate located in Hamilton County,
Indiana, and more particularly described in what is attached hereto and incorporated herein by reference as
Exhibit “A” (the “Real Estate”);
WHEREAS, the real estate located in Hamilton County and particularly described in what is
attached hereto and incorporated herein by reference as Exhibit “B”, together with all real estate contiguous
therewith, shall mean and be referred to throughout this Declaration as the “Additional Real Estate”;
WHEREAS, the word “Property” as used throughout this Declaration shall mean and refer to the
Real Estate together with such portions of the Additional Real Estate as may be made subject to this
Declaration per the terms of Section 3 below;
WHEREAS, Master Developer desires to provide for the preservation and enhancement of the
property values, amenities and opportunities in North End and for the maintenance of the Property and the
improvements thereon, and to this end desire to subject the Property to the covenants, restrictions, easements,
charges and liens hereinafter set forth, each of which is for the benefit of the Lots and lands in the Property
and the future Owners and Occupants thereof;
WHEREAS, Master Developer deems it desirable, for the efficient preservation of the values and
amenities in North End, to create agencies, including Supplemental Associations, to which may be delegated
and assigned by Master Developer the powers of owning, maintaining and administering the Common Areas,
administering and enforcing the Restrictions, collecting and disbursing the General Assessments, Special
Assessments and other changes and Assessments hereinafter created, and promoting the health, safety, and
welfare of the Owners and Occupants of Lots and Units in North End; and,
WHEREAS, Master Developer has incorporated under the laws of the State of Indiana a nonprofit
corporation known as North End Master Association, Inc., and may incorporate Supplemental Associations
for the purpose of exercising the aforementioned functions.
NOW, THEREFORE, Master Developer declares that all of the Lots and lands in the Property and
such additions thereto as may hereafter be made pursuant to Section 3 hereof, as they are held and shall be
held, conveyed, hypothecated or encumbered, leased, rented, used, occupied and improved, are subj ect to the
following Restrictions, all of which are declared to be in furtherance of a plan for the improvement and sale
of Lots and Units in the Property, and are established and agreed upon for the purpose of enhancing and
protecting the value, desirability and attractiveness of the Property as a whole and of each of the Units, Lots
and lands situated therein. The Restrictions shall run with the land and shall be binding upon Master
Developer, all Owners of Lots, Parcels and Units and their respective successors and assigns, and upon all
other parties having or acquiring any interest in the Property or any part or parts thereof, and shall inure to
the benefit of Master Developer and their respective successors in title to the Property or any part or parts
thereof.
Section 1. Definitions. Capitalized terms used in this Declaration shall have the meaning given
such terms in Exhibit “C” attached hereto and made a part hereof, unless the context clearly requires
otherwise.
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Section 2. Declaration and Relation to Supplemental Declarations and Associations.
(A) Declaration. Master Developer declares that the Property and any additions
thereto pursuant to Section 3 hereof shall be held, transferred, and occupied subject to the
Restrictions. The Owner of any Lot, Parcel or Unit subject to the Restrictions, by (i)
acceptance of a deed conveying title thereto, or the execution of a contract for the purchase
thereof, whether from Master Developer or a subsequent Owner of such Lot, Parcel, or Unit,
or (ii) by the act of occupancy of any Lot, Parcel or Unit, shall accept such deed, execute such
contract and/or take such occupancy subject to each Restriction and agreement herein
contained. By acceptance of such deed or execution of such contract, each Owner
acknowledges the rights, powers and obligations of Master Developer and of the Corporation
with respect to the Restrictions as set forth in this Declaration, and also for itself, its heirs,
personal representatives, successors and assigns, covenants, agrees and consents to and with
Master Developer, the Corporation, and the Owners and subsequent Owners of each of the
Lots, Parcels and Units affected by the Restrictions to keep, observe, comply with and
perform such Restrictions and agreements.
(B) Relation to Supplemental Declarations. This Declaration is intended
primarily to address areas of common concern and benefit to all Owners in North End, but
also establishes general Restrictions applicable to particular Parcels. As a mixed-use
community, certain matters will be primarily of concern to Owners within a particular Parcel
which shall be subject to a Supplemental Declaration which shall compliment or supplement
the provisions of this Declaration. Except as expressly provided in such Supplemental
Declaration (and where necessary approved by Master Developer), in the event of a conflict
between the terms of this Declaration and a Supplemental Declaration, the terms of this
Declaration shall control; provided, however, that nothing in this Declaration shall preclude
any Supplemental Declaration from containing additional restrictions applicable to any Parcel
which are more restrictive than the provisions of this Declaration and, in such case, the more
restrictive shall control.
(C) Relation of Corporation to Supplemental Associations. The Corporation
shall have the power to veto any action taken or contemplated to be taken by any
Supplemental Association which the Corporate Board reasonably determines to be adverse to
the interests of the Corporation or a class of Owners. The Corporation also shall have the
power to require specific action to be taken by any Supplemental Association in connection
with its express obligations and responsibilities under a Supplemental Declaration, such as
requiring specific maintenance or repairs or aesthetic changes to be effectuated and requiring
that a proposed budget include certain items and that expenditures be made therefore. In the
event of the failure or unreasonable delay of a Supplemental Association to enforce a
Supplemental Declaration against the Owners subject thereto, the Corporation may, but shall
not be required to, do so, at the expense of such Supplemental Association.
Section 3. Additions to and Withdrawals from the Property.
(A) Additions. As of the date of the execution of this Declaration the Property
comprises the Real Estate. In connection with each Village Project Closing (as such term is
defined in the Project Agreement), Master Developer shall be entitled to add to the Property
the portion of the Additional Real Estate; provided, however, Master Developer shall not add
to the Property any portion of the Additional Real Estate that has not yet been the subject of
a Village Project Closing, without the prior written consent of PRF. The portion of the
Additional Real Estate added to the Property shall therefore and thereby become a part of the
Property and shall be subject in all respects to this Declaration and all rights, obligations, and
privileges herein, upon the Master Developer placing of record in Hamilton County, Indiana
an instrument so declaring the same to be part of the Property, which instrument may be a
Supplemental Declaration, a declaration of annexation contained in a Plat, a statement in a
Plat that the Lots and Common Areas therein are subject to this Declaration or an amendment
to this Declaration. Any such Supplemental Declaration may contain modifications hereto
and additional terms, conditions, restrictions, maintenance obligations, and assessments as
may be necessary to reflect the different character, if any, of the Additional Real Estate. All
Supplemental Declarations and amendments to Supplemental Declarations shall be subject to
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the prior written approval of PRF and shall include matters determined by PRF and Master
Developer to be necessary or appropriate.
Upon satisfying the requirements of the immediately preceding paragraph on or
before the Applicable Date, the real estate described therein shall, for all purposes, thereafter
be deemed a part of the Property and the Owners of any Lots within such real estate shall be
deemed for all purposes, to have and be subject to all of the rights, duties, privileges, and
obligations of Owners and Lots within the Property. No single exercise of Master
Developer’s right and option to add and expand the Property as to any part or parts of the
Additional Real Estate shall preclude Master Developer from thereafter from time to time
further expanding and adding to the Property to include other portions of the Additional Real
Estate, and such right and option of expansion may be exercised by Master Developer from
time to time as to all or any portions of the Additional Real Estate so long as such expansion
is accomplished on or before the expiration of the Applicable Date and complies with the
requirements of the first paragraph of this Section 3(A). The right of Master Developer to
annex Additional Real Estate pursuant to this Section 3(A) shall terminate upon the
termination of the Project Agreement.
(B) Withdrawals. So long as it has a right to annex Additional Real Estate
pursuant to Section 3(A), Master Developer may amend this Declaration for the purpose of
removing any portion of the Property, which has not yet been improved with Structures, from
the coverage of this Declaration; provided, however, such removal shall require the prior
written consent of the Owner(s) of the property to be withdrawn. Such amendment shall not
require the consent of any Person other than the Owner(s) of the property to be withdrawn, if
not the Master Developer. If the property is General Common Area, the Corporation shall
consent to such withdrawal.
Section 4. Common Area. Subject to, and unless otherwise provided in this Declaration, a Plat, a
Supplemental Declaration, an instrument of conveyance to a Permitted Title Holder, or a Development
Instrument, the development, ownership and maintenance of any Common Area shall be in accordance with
the following and other applicable provisions of this Declaration:
(A) Development of Common Area. Master Developer shall develop
Common Area consistent with the Plan of Development.
(B) Maintenance.
1. The Corporation shall be responsible for maintaining any
General Common Area and any General Common Facilities, and the
Maintenance Costs thereof shall be assessed as a General Assessment against
all Lots subject to Assessment; and
2. Except as noted below Section 4(B)(3), the Applicable
Supplemental Association shall be responsible for maintaining Limited
Common Area located within its Parcel and any Limited Common Facilities,
and the Maintenance Costs thereof shall be assessed as a Parcel Assessment
pursuant to the corresponding Supplemental Declaration.
3. The Corporation shall be responsible for maintaining the
Community Drives to the extent not maintained by the City, and the costs
thereof shall be allocated and charged to all Supplemental Associations on a
pro-rata basis on a manner determined by the Master Developer, in its
discretion, using the Valuation Table.
(C) Title. Prior to the Applicable Date, Master Developer shall convey
title, by quitclaim deed, to any General Common Area to a Permitted Title Holder. Prior
to the applicable Parcel Applicable Date, Master Developer shall convey title, by
quitclaim deed, to any Limited Common Area within such Parcel to a Permitted Title
Holder.
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Section 5. The Common Area Use and Improvement.
(A) Use and Improvements. Unless approved by the Master Developer, in its
discretion, or the Corporate Board, in its discretion, no permanent improvements shall be
made to or installed on any General Common Area or General Common Facilities. The use
of the Common Area which is General Common Area shall be subject to rules, regulations,
policies and procedures adopted by the Corporate Board, in its discretion, which are not
inconsistent with the provisions of this Declaration. The use of the Common Area which is
Limited Common Area shall be subject to rules, regulations, policies and procedures adopted
by the Supplemental Board of the Applicable Supplemental Association, in its discretion,
which are not inconsistent with the provisions of this Declaration or the Applicable
Supplemental Declaration. The General Common Area(s) may be used by all Owners and
Occupants and their guests. Unless otherwise specified in this Declaration or in a
Supplemental Declaration, all Limited Common Areas may be used by all Owners and
Occupants and their guests.
Section 6. The Ponds
(A) Maintenance of Banks of Ponds. Unless otherwise specified in writing by
the Master Developer, all Ponds within the Property are General Common Areas to be
maintained by the Corporation. In the Master Developer’s discretion, any Common Area
contiguous with the pool level of a pond may be designated in writing by the Master
Developer as a General Common Area or a Limited Common Area and shall then be
maintained by the Corporation and the Applicable Supplemental Association, respectively.
(B) Use. No dock, pier, wall or other structure may be extended into any pond,
and no boats or swimming shall be permitted in any part of a Pond (i) that is General Common
Area without the prior approval of the Corporate Board, or (ii) that is Limited Common Area
without the prior approval of the Supplemental Board of the applicable Supplemental
Association. Each Owner of a Lot abutting a Pond shall indemnify and hold harmless Master
Developer, the Corporation, the Applicable Supplemental Association and each other Owner
against all loss or damage incurred as a result of injury to any Person or damage to any
property, or as a result of any other cause or thing, arising from or related to use of, or access
to, a Pond by any Person who gains access thereto from, over or across such Owner’s Lot
with the knowledge or acquiescence of such Owner. The Master Developer shall have no
liability, whatsoever, to any Person with respect to a Pond, the use thereof or access thereto,
or with respect to any damage to any Lot resulting from a Pond or the proximity of a Lot
thereto, including loss or damage from erosion.
Section 7. The Amenity Area(s). Master Developer may construct in any Common Area one or
more Amenity Areas consistent with the Plan of Development. The Amenity Area(s) shall not be available
for use by all Owners and Occupants but, instead, shall be limited in use, per the terms of a Supplemental
Declaration governing the Amenity Area(s), to (i) only the Owners and Occupants identified in such
Supplemental Declaration and (ii) to persons who are not Owners or Occupants, on terms and conditions
specified in such Supplemental Declaration. If Master Developer undertakes the development of one or
more Amenity Area(s), Master Developer intends upon completion of construction to convey the same by
quitclaim deed to a Supplemental Association prior to the applicable Parcel Applicable Date specified in such
Supplemental Declaration, and subject to the right of Master Developer to use the Amenity Area(s) in the
Master Developer’s discretion. Unless the instrument of conveyance provides otherwise, the Applicable
Supplemental Association shall be responsible for maintenance of the Amenity Area(s) and the Maintenance
Costs thereof shall be assessed as a Parcel Assessment against all Lots within and covered by such
Supplemental Declaration. The Supplemental Board of the applicable Supplemental Association in its
discretion may adopt such rules, regulations, policies and procedures with respect to the use of Amenity
Area(s) as it deems appropriate and may charge reasonable fees for the use thereof, but no rule, regulation or
charge shall be inconsistent with the provisions of this Declaration, the Supplemental Declaration or the Plan
of Development.
Section 8. Drainage System. The Drainage System will be constructed for the purpose of
controlling drainage within and adjacent to the Property and maintaining the water level in the Ponds. Each
Owner shall be individually liable for the cost of maintenance of any drainage system located entirely upon
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his Lot and which is devoted exclusively to drainage of his Lot and is not maintained by the Drainage Board.
Section 9. Paths. Master Developer shall install the Paths at the approximate locations depicted on
the Plan of Development, and/or elsewhere in easements or Common Areas, and may reserve, or cause the
appropriate Owner to grant, easements for such purpose over and across Lots. The Corporate Board or the
Supplemental Board of the Applicable Supplemental Association may, in their discretion, adopt such rules,
regulations, policies and procedures with respect to the use of the Paths which are General Common Areas
or Limited Common Areas, respectively, as such Corporate Board or Supplemental Board may deem
appropriate.
Section 10. Entry Ways, Landscape Easements and Round-Abouts.
(A) Entry Ways. Grass, trees, shrubs and other plantings located on an Entry
Way shall be kept neatly cut, cultivated or trimmed as reasonably required to maintain an
attractive entrance to North End or a part thereof. All entrance signs located on an Entry Way
shall be maintained at all times in good and sightly condition appropriate to a first-class master
planned, mixed-use community. The obligations specified in this Section 10(A) shall be (i)
the obligations of the Corporation with respect to Entry Ways which are within General
Common Areas or which contain General Common Facilities and (ii) the obligation of the
Applicable Supplemental Association with respect to Entry Ways which are within Limited
Common Areas or which contain Limited Common Facilities.
(B) Landscape Easements. Unless the Corporate Board or Supplemental
Board, as applicable, determines that all or some of the Landscape Easements shall be
maintained by the Corporation and/or a Supplemental Association and the Maintenance Costs
thereof assessed as a General Assessment or Parcel Assessment, the Owner of each Lot upon
which a Landscape Easement is located shall at his/her expense keep the grass, trees, shrubs
and other plantings located on a Landscape Easement properly irrigated and neatly cut,
cultivated or trimmed as reasonably necessary to maintain the same at all times in a good and
sightly condition appropriate to a first-class master planned mixed use community and, if such
Owner fails to do so, the Corporation or a Supplemental Association, as applicable, may
undertake such maintenance and assess the Maintenance Costs thereof as a Special
Assessment against such Lot.
(C) Round-Abouts. The Corporation shall maintain the Round-Abouts
(exclusive of the street pavement, curbs and drainage structures and tiles), and the
Maintenance Costs there of shall be assessed as a General Assessment.
Section 11. Street Trees; Snow Removal; Trash Removal
(A) Street Trees. The following rules apply to the maintenance and replacement
of Street Trees:
1. Street Trees located within the Community Drives shall be
maintained by the Corporation.
2. Unless otherwise specified in a Supplemental Declaration or
in an amendment to this Declaration, and except as set forth above in Section
11(A)(1), Street Trees located within streets internal to any Parcel or contiguous
with the perimeter of any Parcel shall be installed and maintained by the Owner
of the Lot upon which such Street Trees are located.
3. Street Trees located within a General Common Area shall be
maintained by the Corporation.
4. The foregoing notwithstanding, any Street Trees which are
damaged or destroyed by the intentional or negligent act of a Person shall be
replaced by that Person.
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(B) Snow Removal. Snow removal which is a Corporate Obligation shall be
undertaken at frequencies and depths determined by the Corporate Board in its discretion, and
snow removal which is a Supplemental Association Obligation shall be undertaken at
frequencies and depths as determined by the Supplemental Board in its discretion.
(C) Trash Removal. Trash removal may, in the Master Developer’s discretion,
be the obligation of the Applicable Supplemental Association on terms specified in a
Supplemental Declaration.
Section 12. Shared Parking Lots. Master Developer shall construct such Shared Parking lots as
depicted in the Plan of Development or as it deems desirable. Unless otherwise determined by the Master
Developer in the Master Developer’s discretion, such shared parking lots shall be a Limited Common Area
and shall be maintained by the Applicable Supplemental Association. In the Master Developer’s discretion,
the cost of maintaining such shared parking lot shall be assessed by the Applicable Supplemental Association
against all or fewer than all Owners within the Parcel.
Section 13. Change of Use of Common Area. A Permitted Title Holder shall not change the use of
any Common Area conveyed to the Permitted Title Holder by Master Developer from the use being made
thereof at the time of conveyance without the prior consent or approval of (i) prior to the Applicable Date,
Master Developer or (ii) after the Applicable Date, the Corporate Board and, if the same is Limited Common
Area, the Supplemental Board of the applicable Supplemental Association.
Section 14. North End Master Association, Inc.
(A) Membership. The Corporation shall not have members.
(B) Powers. The Corporation shall have such powers as are set forth in this
Declaration and in the Corporate Articles and Corporate Bylaws, or designated to it in a
Supplemental Declaration, together with all other powers that belong to it by law.
(C) Board of Directors. Prior to the Applicable Date, and as specified in the
Corporate Bylaws, (i) any and all members of the Corporate Board shall be appointed by and
serve at the pleasure of the Master Developer, (ii) any and all members of the Corporate Board
may be removed and replaced by the Master Developer at any time and for any reason, and
(iii) all vacancies in the Corporate Board shall be filled by the Master Developer. After the
Applicable Date, members of the Corporate Board may be designated, appointed, or removed
in the manner set forth in the Corporate Bylaws.
(D) Maintenance Standards. In each instance in which this Declaration imposes
on the Corporation a maintenance obligation with respect to the General Common Area or
the General Common Facilities or a part thereof, the Corporation shall maintain the General
Common Area, General Common Facilities or designated part thereof in good condition,
order and repair substantially comparable to its condition when originally constructed,
installed or planted and compatible in appearance and utility with a first-class master planned,
mixed-use community. Grass, trees, shrubs and other plantings located on the General
Common Area for which the Corporation has maintenance responsibility may, in the
discretion of the Corporation’s Board, be irrigated and shall be kept properly and neatly cut,
cultivated or trimmed as reasonably required and otherwise maintained at all times in good
and sightly condition appropriate to a first-class master planned, mixed-use community.
(E) Insurance, Taxes and Utilities. The Corporation shall maintain public
liability and casualty insurance in prudent amounts insuring against risk of loss to the
Corporation on account of injury to person or property and damage to property owned by the
Corporation, shall maintain errors and omissions insurance insuring its officers and directors,
and shall pay all taxes assessed against property and all utility charges incurred with respect
to General Common Area and General Common Facilities.
(F) Limitations on Action by the Corporation. Unless at least sixty percent
(60%) of the Mortgagees (based on one vote for each first mortgage owned) and fifty-one
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percent (51%) of the members of the Corporate Board have given their prior written approval,
a Permitted Title Holder, the Corporate Board and the Owners may not: (i) except as
authorized by Section 17(A) (but subject to the limitations of Section 17(A), by act or
omission seek to abandon, partition, subdivide, encumber, sell or transfer the General
Common Area (but the granting of easements for public utilities or other public purposes
consistent with the intended use of the General Common Area shall not be deemed a transfer
for the purposes of this clause); (ii) fail to maintain fire and extended coverage insurance on
insurable General Common Area and General Common Facilities on a current replacement
cost basis in the amount of one hundred percent (100%) of the insurable value (based on
current replacement cost); (iii) use hazard insurance proceeds for losses to any General
Common Area or General Common Facilities for other than the repair, replacement or
reconstruction of the General Common Area or General Common Facilities.
(G) Mergers. Upon a merger or consolidation of another corporation with the
Corporation, its properties, rights and obligations may, as provided in its Articles of
Incorporation, by operation of law be transferred to another surviving or consolidated
corporation or, alternatively, the properties, rights and obligations of another corporation may
by operation of law be added to the properties, rights and obligations of the Corporation as a
surviving corporation pursuant to a merger. The surviving or consolidated corporation may
administer the covenants and restrictions established by this Declaration within the Property
together with the covenants and restrictions established upon any other properties as one
scheme. No merger or consolidation, however, shall effect any revocation, change or addition
to the covenants established by this Declaration within the Property except as hereinafter
provided.
Section 15. Assessments.
(A) Creation of the Lien and Personal Obligation of Assessments. Each Owner
(other than Master Developer 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 or to an applicable Supplemental Association responsible for
collection thereof: (i) General Assessments, (ii) Initial Assessments, (iii) Capital Assessments
and (iv) Special Assessments, such Assessments to be established and collected as hereinafter
provided.
If two (2) or more Lots originally shown on a Plat are consolidated as a single Lot
by virtue of partial vacation of a Plat then, as long as such Lots are consolidated, they shall
be deemed to constitute a single Lot for purposes of Assessments under this Section 15. If
such Lot is divided by conveyance of portions thereof to owners of adjacent Lots, then, so
long as the divided Lot is used in its entirety by one or more Owners of contiguous Lots, such
divided Lot shall not be a Lot for purposes of Assessment under this Section.
All Assessments, together with interest thereon and costs of collection thereof, shall
be a charge on the land and shall be a continuing lien upon the Lot against which each
Assessment is made until paid in full. The Corporate Board, in its discretion, is hereby fully
authorized to record with the Recorder of Hamilton County a written instrument evidencing
the lien, against the applicable Lot, for any delinquent Assessments. Each Assessment,
together with interest thereon and costs of collection thereof, shall also be the personal
obligation of the Person who was the Owner of the Lot at the time when the Assessment
became due. Notwithstanding the foregoing, and, except as hereinafter provided, without
limiting the personal obligation of any such Person, the Corporate Board, in its discretion
may, from time to time, elect to require the collection of any Assessments of the Corporation
by and through a Supplemental Association, which shall then allocate the Assessments of the
Corporation to those Owners who are members of such Supplemental Association, and such
Supplemental Association, along with the owners within the Supplemental Association’s
Parcel, shall be personally liable therefore.
(B) General Assessment.
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1. Purpose of Assessment. The General Assessment levied by the
Corporation shall be used exclusively to promote the health, safety, and welfare
of the Owners of Lots and Occupants of Units and to satisfy the Corporate
Obligations as determined by the Corporate Board. The Corporate Board, in its
discretion, from time to time may but shall not be obligated to establish and
maintain a reserve fund for replacements by the allocation from the General
Assessment and the payment to such reserve fund of an amount determined
annually by the Corporate Board, in its discretion, to be sufficient to meet the
cost of periodic significant capital repairs, renewals and replacements of the
General Common Facilities. The Corporate Board shall determine the dates on
and frequencies with which the General Assessment shall be paid.
2. Basis for Assessment.
(a) Village at North End and Town at North End. At the Master
Developer’s discretion and election, each Lot in Village at North End
shall be assessed through the Village at North End Supplemental
Association, provided that each Lot in Village at North End shall
nonetheless be subject to the liens therefore in the amount of the
General Assessment allocable to it. The general area of Village at
North End, to be developed for detached Residential Units is identified
on the Plan of Development, is part of the Real Estate and is legally
described in what is attached hereto and incorporated herein by
reference as “Exhibit E” (“Village at North End”). Except as provided
in Section 15(B)(3) with respect to Lots owned by the Master
Developer and Designated Builders, all Lots located within Village at
North End shall be assessed at a uniform rate without regard to
whether a Residential Unit and other improvements have been
constructed upon such Lot. As set forth in the Valuation Table, the
initial rate at which such Lots shall be assessed shall be $761.09 per
Lot per year. The General Assessment for each Lot subject to
assessment in Village at North End shall commence on the first day of
the first month following both (i) the recordation with the Recorder of
Hamilton County, Indiana, of a secondary Plat which includes such
Lot and (ii) the date on which the Master Developer and/or the
Designated Builder conveys such Lot. The foregoing provisions in
this Section 15(B)(2)(a) may not be changed or modified through any
means including, without limitation, by an amendment to this
Declaration.
(b) North End Apartments – Phase I. The general area of North End
Apartments - Phase I is identified on the Preliminary Plan of
Development, comprises approximately 5.572 acres, is part of the Real
Estate, and is legally described in what is attached hereto and
incorporated herein by reference as “Exhibit H” (“North End
Apartments - Phase I”). For purposes of computing Assessments,
North End Apartments - Phase I is hereby deemed to comprise 5.572
acres and, as such, as set forth in the Valuation Table, the initial rate at
which [North End Apartments - Phase I] shall be assessed shall be a
total of $12,947.32 per year which, per the Valuation Table, represents
(i) the product of the assigned Valuation Factor of $2,323.64 per acre
and $2,323.64 multiplied by (ii) 5.572 acres. Absent the written
consent of the Owner of North End Apartments - Phase I, and after
increasing as set forth below for additional apartment units for which
a Certificate of Occupancy (“Certificate of Occupancy”) has been
issued, the General Assessment in any given year may not increase by
more than 3% per year for each year, before the prior year, in which
the General Assessment was not increased; provided, however, that the
annual General Assessment of North End Apartments - Phase I shall
never exceed that portion of the Corporation’s Annual Budget which
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the Master Developer, in good faith and through the application of the
Valuation Table, determines is allocable to North End Apartments -
Phase I. The General Assessment for North End Apartments - Phase I
shall (i) commence and be prorated, on a calendar year basis, starting
from the date on which the Zoning Authority issues a Certificate of
Occupancy for an Apartment Building which is constructed in North
End Apartments - Phase I and shall (ii) also be prorated based upon the
number of apartment units in Apartment Buildings in North End
Apartments - Phase I for which a Certificate of Occupancy has been
issued; provided, however, that such proration based upon the number
of apartment units shall continue for a period of time not to exceed 18
months after Certificate of Occupancy is issued for the First Apartment
Building in North End Apartments - Phase I, prorated as specified
above on a calendar year basis, shall be due and payable. By way of
example, on the date on which the Certificate of Occupancy is issued
for the first Apartment Building, the General Assessment which shall
be due and payable shall be equal to (i) the number of apartments units
in said Apartment Building divided by the total number of apartment
units which will exist once all Apartment Buildings in North End
Apartments - Phase I are constructed, multiplied by (ii) 100% of the
General Assessment for North End Apartments - Phase I for the
applicable calendar year, prorated as specified above on a calendar year
basis, and so on for the number of apartment units in each subsequent
Apartment Building, until the earlier of the 18 month Anniversary or
the issuance of the Certificate for the last Apartment Building to be
constructed in North End Apartments - Phase I, at which time 100% of
the General Assessment for North End Apartments - Phase I, prorated
as specified above on a calendar year basis, shall be due and payable.
(c) North End Apartments – Phase II. The general area of North
End Apartments - Phase II is identified on the Preliminary Plan of
Development, comprises approximately 3.989 acres, is part of the Real
Estate, and is legally described in what is attached hereto and
incorporated herein by reference as “Exhibit I” (“North End
Apartments - Phase II”). For purposes of computing Assessments,
North End Apartments - Phase II is hereby deemed to comprise 3.989
acres and, as such, as set forth in the Valuation Table, the initial rate at
which North End Apartments - Phase II shall be assessed shall be a
total of $9,269.00 per year which, per the Valuation Table, represents
(i) the product of the assigned Valuation Factor of $2,323.64 per acre
multiplied by (ii) 3.989 acres. The limitations applicable to North End
Apartments - Phase I with respect to increases in General Assessments
shall also be applicable to North End Apartments - Phase II. The
timing of General Assessment payments and prorations applicable to
North End Apartments - Phase I shall also be applicable to North End
Apartments - Phase II.
(d) Condominiums. At the Master Developer’s discretion and
election, each Condominium shall be assessed through the
Condominium Association having jurisdiction thereof, provided that
each Condominium shall nonetheless be subject to the liens therefore
in the amount of the General Assessment allocable to it.
(e) Change in Basis. The basis for Assessment specified in the
Valuation Table may be changed by a majority of the Corporate Board,
in its discretion, who are voting in person at a meeting of the Corporate
Board duly called for this purpose.
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3. Allocation of General Assessment. Unless otherwise expressly
provided in this Declaration, the General Assessment shall be allocated, in the
discretion of the Corporate Board, among all Owners (other than the Master
Developer Designated Builders) in accordance with the applicable Valuation
Factor specified in the Valuation Table. Notwithstanding anything in this
Declaration to the contrary, with respect to Lots titled in the name of the Master
Developer and the Designated Builders, the Master Developer in the Master
Developer’s discretion, may elect on a year-to-year basis to pay either (i) the
General Assessment or (ii) the Corporation’s Annual Operating Deficit.
(C) Reserved.
(D) Initial Assessment. There shall be due and payable to the Corporation
the Initial Assessment specified below:
1. Village at North End. For each Lot in Village at North End, there
shall be due and payable an Initial Assessment, in the sum of $500.00, on the
earlier of (i) the date the PRF conveys the Lot to an Owner (other than a
Designated Builder or the holder of a first mortgage on such Lot in a conveyance
which constitutes a deed in lieu of foreclosure), (ii) the date a Residential Unit
constructed on the Lot has been certified for occupancy by the Zoning
Authority, (iii) the date a Designated Builder conveys the Lot to an Owner (other
than Master Developer), or (iv) the date a Residential Unit on the Lot is first
occupied by an Owner or Occupant upon completion of construction thereof.
2. North End Apartments - Phase I. For North End Apartments
– Phase I, there shall be due and payable an Initial Assessment, in the sum of
$21,106.00, on the earlier of (i) the date the first Apartment Building in North
End Apartments – Phase I has been certified for occupancy by the Zoning
Authority, or (ii) the date a Residential Unit in an Apartment Building in North
End Apartments – Phase I is first occupied by an Occupant upon completion of
construction thereof.
3. North End Apartments - Phase II. For North End Apartments
– Phase II, there shall be due as payable an Initial Assessment, in the sum of
$15,984.00, on the earlier of the date (i) this first Apartment Building in North
End Apartments – Phase II has been certified for occupancy by the Zoning
Authority, or (ii) the date a Residential Unit in an Apartment Building in North
End Apartments – Phase II is first occupied by an Occupant upon completion of
construction thereof.
4. Towns at North End. For each Townhome located in Towns at
North End, there shall be due as payable an Initial Assessment, in the sum of
$500.00, on the earlier of (i) the date the Townhome is conveyed to an Owner
(other than Master Developer), or (ii) the date the Townhome is first occupied
by an Owner or Occupant upon completion of construction thereof.
(E) Real Estate Subsequently Annexed. As part or all of the Additional Real
Estate is annexed to the Property and made subject to this Declaration per the terms of this
Declaration, the Master Developer in its discretion shall determine (i) the manner in which
such Additional Real Estate shall be assessed with the General Assessment and (ii) the amount
of Initial Assessment to apply to such Additional Real Estate. In determining the manner in
which such Additional Real Estate shall be so assessed, the Master Developer may consider
any and all factors deemed relevant by the Master Developer in its discretion including,
without limitation, the Valuation Table, the impact on the Drainage System, the amount of
post-development impervious surface within the Additional Real Estate, and the extent to
which the Owners and Occupants of Additional Real Estate, once developed, will use the
General Common Areas.
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(F) Capital Assessment. The Corporate Board, in its discretion, may levy in
any calendar year a Capital Assessment applicable to that year and in a reasonable number of
succeeding calendar years for the purpose of defraying, in whole or in part, the cost of any
construction, repair, or replacement of a capital improvement upon the General Common
Area, including fixtures and personal property relating thereto or any General Common
Facilities, provided that any such Capital Assessment shall have the assent of a majority of
the votes of the Owners whose Lots are subject to Assessment with respect to the capital
improvement who are voting in person or by proxy at a meeting of Owners duly called for
this purpose. Any Capital Assessment pursuant to this Section 15 (E) shall be allocated, based
upon the Valuation Table, among Lots subject thereto.
(G) Effect of Nonpayment of Assessments; Remedies of the Corporation. Any
Assessments not paid within thirty (30) days after the due date may, upon resolution of the
Corporate Board, bear interest from the due date at a percentage rate no greater than the
current statutory maximum annual interest rate, to be set by the Corporate Board for each
Assessment year. The Corporation shall be entitled to institute in any court of competent
jurisdiction any lawful action to collect a delinquent Assessment, to foreclose lien or such
delinquent Assessments in the same manner in which mortgages are foreclosed in the State
of Indiana, and shall also be entitled to collect plus any expenses or costs, including reasonable
attorney’s fees incurred by the Corporation in collecting such Assessment. If the Corporation
has provided for collection of any Assessment in installments, upon default in the payment of
any one or more installments, the Corporation may accelerate payment and declare the entire
balance of said Assessment due and payable in full. No Owner may waive or otherwise escape
liability for the Assessments provided for herein by nonuse of the General Common Area or
the General Common Facilities or abandonment of a Lot.
(H) Subordination of the Lien to Mortgages. To the extent specified herein, the
lien of the Assessments provided for herein against a Lot shall be subordinate to the lien of
any recorded first mortgage covering such Lot and to any valid tax or special assessment lien
on such Lot in favor of any governmental taxing or assessing authority. Sale or transfer of
any Lot shall not affect the lien of any Assessment. The sale or transfer of any Lot pursuant
to mortgage foreclosure or any proceeding in lieu thereof shall, however, extinguish the lien
of such Assessments as to payments which became due more than six (6) months prior to such
sale or transfer. No sale or transfer shall relieve such Lot from liability for any Assessments
thereafter becoming due or from the lien thereof.
(I) Certificates. The Corporation shall, upon demand in writing by an Owner,
at any time, furnish a certificate in writing signed by an officer of the Corporation that the
Assessments by the Corporation on a Lot have been paid or that certain such Assessments
remain unpaid, as the case may be.
(J) Corporation’s Annual Budget. By a majority vote of the Corporate
Directors, the Corporate Board in its discretion shall adopt the Corporation’s Annual Budget
for the subsequent calendar year, which shall provide for allocation of expenses in such a
manner that the Corporate Obligations will be met. The Corporate Board may from time to
time, in its discretion, include in the Corporation’s Annual Budget a capital reserve in an
amount sufficient to meet the projected need with respect to both amount and timing of
significant construction, repair or replacement of the General Common Facilities.
(K) Special Assessments. Subject to limitations on increases and
maximum levels of the General Assessment specified above in this Section 15, in the event
the General Assessment for any calendar year after the Applicable Date is inadequate to cover
the costs incurred by the Corporation for the purposes set forth in Section 15(B) hereof in
such calendar year, the Corporate Board in its discretion may levy upon all Owners, as a
Special Assessment, an Assessment to cure such inadequacy. Such Special Assessment shall
be allocated among the Owners in the same manner as the General Assessment is allocated
among Owners.
(L) Violation Assessment. In addition to all other Assessments as be authorized
herein, the Corporate Board, in its discretion, may levy a Violation Assessment against an
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Owner, (i) for a violation of this Declaration or (ii) for damages if any portion of the Common
Area that the Association is obligated to maintain, repair and/or replace is damaged due to the
willful or negligent act or omission of such Owner or Owner’s guest or invitee. In the event
of such damage, the Corporate Board shall have the right to undertake the necessary
maintenance, repair or replacement. The choice between repair or replacement is in the
discretion of the Corporate Board.
Section 16. Architectural Control. The Design Standards set forth, among other things, the thematic
design and architectural standards for the Property and may, from time to time, be amended and revised by
upon mutual agreement by Master Developer, in its discretion. Due to location, types of surrounding uses,
type of construction and use and unique characteristics of property within the Property, Master Developer
intends that actual architectural control shall be vested in Development Standards and Architectural Control
Committees established with respect to particular Parcels, and the Supplemental Declarations shall establish
one or more Development Standards and Architectural Control Committees, and the procedures, guidelines
and standards thereof; provided, however, all decisions of each Development Standards and Architectural
Control Committee are subject to full and complete compliance with the Design Standards then in effect.
The Design Standards are not the exclusive basis for architectural approval, and compliance with the Design
Standards shall not guarantee architectural approval. Each Owner shall look to the Supplemental Declaration,
and the Development Standards and Architectural Control Committee established pursuant thereto, for the
particular building guidelines applicable to Lots or Units subject to such Supplemental Declaration. Pursuant
to a Supplemental Declaration, the applicable Development Standards and Architectural Control Committee
shall regulate the external design appearance, use, location and maintenance of the Lots and of all
improvements thereon within the Parcels covered by the Supplemental Declaration in such manner as to
preserve and enhance values, to maintain a harmonious relationship among Structures, improvements and
the natural vegetation and topography, and to implement the development standards and guidelines set forth
in the Zoning Ordinance. Notwithstanding anything in this Declaration or any Supplemental Declaration to
the contrary, any architectural or related approval given by Master Developer or a Development Standards
and Architectural Control Committee that is not in full and complete compliance with the Design Standards
then in effect shall be void and of no force or effect.
Section 17. Common Area and Common Facilities.
(A) Ownership. Unless expressly stated in a recorded instrument, the Common
Area and Common Facilities shall remain private, and neither Master Developer’s execution
or recording of an instrument portraying the Common Area, nor the doing of any other act by
Master Developer is, or is intended to be, or shall be construed as, a dedication to the public
of the Common Area or the Common Facilities. Master Developer, the Corporation or, as to
Limited Common Area, the applicable Supplemental Association, may, however, dedicate or
transfer all or any part of the Common Area or the Common Facilities to any Permitted Title
Holder for public parks or other public purposes, to a municipality for use as public rights-of-
way or to a public utility for public utility purposes, and Master Developer may transfer all
or any part of the Common Area to a permitted Title Holder as contemplated by this
Declaration.
(B) Density of Use. Master Developer expressly disclaims any warranties or
representations regarding the density of use of the Common Area or any facilities located
thereon or constituting a part thereof.
(C) Management and Control.
1. The Corporation, subject to the rights of Master Developer, a
Supplemental Association and the Owners set forth in this Declaration and the
rights of any Permitted Title Holder established in an instrument conveying title
to any part of the General Common Area, shall be responsible for the exclusive
management and control of the General Common Area and the General
Common Facilities, and except as otherwise provided herein, in a Supplemental
Declaration, or in an instrument of conveyance to a Permitted Title Holder, shall
keep the General Common Area and General Common Facilities in good, clean,
attractive and sanitary condition, order and repair. The Corporation may, with
the consent of the applicable Supplemental Board, transfer to a Supplemental
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Association responsibility for management, control and/or maintenance of
General Common Area and General Common Facilities.
2. The Applicable Supplemental Association, subject to the
rights of Master Developer, the Corporation and the Owners set forth in this
Declaration and the rights of any Permitted Title Holder established in an
instrument conveying title to any part of the Common Area, shall be responsible
for the exclusive management and control of the Limited Common Area and the
Limited Common Facilities and, except as otherwise provided herein, in a
Supplemental Declaration, or in an instrument of conveyance to a Permitted
Title Holder, shall keep the Limited Common Area and Limited Common
Facilities in good, clean, attractive and sanitary condition, order and repair. The
Supplemental Association may, with the consent of the Corporate Board,
transfer to the Corporation responsibility for management, control and/or
maintenance of Limited Common Area and Limited Common Facilities.
(D) Easements of Enjoyment.
1. Owners. No Person shall have any right or easement of
enjoyment in or to the Common Area except to the extent granted by, and
subject to the terms and provisions of, this Declaration or a Supplemental
Declaration. Such rights and easements as are thus granted shall be appurtenant
to and shall pass with the title to every Lot for whose benefit they are granted.
Unless otherwise provided in this Declaration or a Supplemental Declaration, a
Plat or other Development Instrument, (i) all Owners, tenants of Non-
Residential Lots and tenants in an Apartment Building shall have the right to the
use of the General Common Area, subject to the reserved rights of Master
Developer and the Corporation, and (ii) all Owners, tenants of Non-Residential
Lots and tenants in an Apartment Building shall also have the right to the use of
such Limited Common Area and Limited Common Facilities, subject to the
reserved rights of Master Developer, the Corporation and the Applicable
Supplemental Association. Owners of Lots abutting a Pond may use any Pond
which abuts such Owner’s Lot, but such use shall be limited to fishing and such
other uses as may be authorized by resolution adopted (i) by the Corporate
Board in the case of Ponds that are General Common Area, (ii) by the applicable
Supplemental Association in the case of Ponds that are Limited Common Areas,
and (iii) by both the Corporate Board and the Supplemental in the case of ponds
which are a General Common Area but which are surrounded by a Limited
Common Area. Subject to restrictions on points of access, the Ponds that are
General Common Area may be used by all Owners, but only for fishing and
such other purposes as may be authorized by the Corporate Board. Subject to
restrictions on points of access, the Pond which are Limited Common Area may
also be used by all Owners of Property, but only for fishing and such other
purposes as may be authorized by the Corporate Board or the applicable
Supplemental Association. No Owner whose Lot does not abut a Pond shall
have any right of access to a Pond over any Lot, but only such right of access
over the Common Area as may be authorized by resolution adopted by the
Corporate Board, in the case of a General Common Area, or by resolution
adopted by the Supplemental Board, in the case of a Limited Common Area.
2. Occupants. Occupants who are not also Owners, tenants of a
Residential Lot or a Non-Residential Lot, or tenants within an Apartment
Building may use and enjoy the Common Area only to the extent specified in
Section 17(F) or as explicitly authorized elsewhere in this Declaration, in a
Supplemental Declaration, by the Corporate Board in the case of a General
Common Area, or by the Supplemental Board of a Supplemental Association in
the case of a Limited Common Area.
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(E) Extent of Easements. The easements of enjoyment created hereby shall be
subject to the following:
1. The right of the Corporation, as to General Common Area,
and the applicable Supplemental Association, as to Limited Common Area, to
establish reasonable rules for the use of such Common Area (including but not
limited to use of identification cards) and to charge reasonable fees for the use
of any such Common Area or part thereof;
2. The right of the Corporation, as to General Common Area,
and the applicable Supplemental Association, as to Limited Common Area, to
suspend the right of an Owner and all Persons whose right to use the Common
Area derives from such owner’s ownership of a Lot (including Occupants on
the Lot) to use all or any portions of such Common Area for any period during
which any Assessment against the Owner’s Lot remains unpaid for more than
thirty (30) days after notice;
3. The right of the Corporation, as to General Common Area,
and the Applicable Supplemental Association, as to Limited Common Area, to
suspend the right of an Owner or any Person claiming through the Owner
(including Occupants of the Unit) to use all or any portion of such Common
Area for any other infraction of this Declaration, any Supplemental Declaration
or any rules or regulations adopted by the Corporation and/or a Supplemental
Association with respect thereto; provided, however, that Occupants of an
Apartment Building or Multiuse Structure who are not personally responsible
for the infraction and who otherwise have a right of use shall not be denied such
use as a consequence of an infraction by another Occupant of such Apartment
Building of Multiuse Structure; provided, however, that a parent may be deemed
personally responsible for the infraction of a minor;
4. The right of the Corporation, as to General Common Area,
and the applicable Supplemental Association, as to Limited Common Area, to
mortgage any or all of such Common Area, the facilities constructed thereon
and the Common Facilities associated therewith for the purposes of
improvements to, or repair of, such Common Area, the facilities constructed
thereon or such Common Facilities, pursuant to approval of the Corporate Board
or applicable Supplemental Board, as the case may be; and
5. The right of the Corporation, as to General Common Area,
and the applicable Supplemental Association, as to Limited Common Area, to
dedicate or transfer all or any part of the Common Area and/or the Common
Facilities associated therewith to any public agency, authority or utility
exclusively for purposes permitted herein, but subsequent to the Applicable
Date, in the case of General Common Area, and the applicable Parcel
Applicable Date, in the case of Limited Common Area, no such dedication or
transfer shall be effective unless an instrument is signed by the appropriate
officers of the Corporation or the applicable Supplemental Association acting
pursuant to authority granted by a majority of the votes of its board of directors;
and
(F) Additional Rights of Use. The members of the family of every Person (i)
owning or leasing a Residential Lot, (ii) leasing an apartment in an Apartment Building, and
(iii) the employees of every Person owning or leasing a Non-Residential Lot may use the
Common Area and the Common Facilities (or part thereof) on the same terms and subject to
the same limitations as such Person subject to the terms of any instrument of conveyance of
such Common Area or Common Facilities to a Permitted Title Holder and to such general
rules, regulations, policies and procedures consistent with the provisions of this Declaration
(with respect to General Common Area) and all Supplemental Declarations (with respect to
Limited Common Area) as may be established from time to time by the Corporation and/or a
Supplemental Association. Except as otherwise provided herein or in a Supplemental
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Declaration, the Corporation may restrict use of the General Common Area and General
Common Facilities by guests of Persons whose use thereof is authorized herein or in a
Supplemental Declaration, and a Supplemental Association may restrict use of the Limited
Common Area and Limited Common Facilities by guests of Persons whose use thereof is
authorized herein or in a Supplemental Declaration. Notwithstanding the foregoing, the
members of the family of every Person leasing an apartment in an Apartment Building shall
only have access to any pool constructed on the Property as a General Common Facility if
they pay the fee in an amount to be determined by the Corporate Board.
(G) Damage or Destruction by Owner. In the event the General Common Area
or any General Common Facility is damaged or destroyed by an Owner or any of his guests,
tenants, licensees, agents, or members of his family, such Owner authorizes the Corporation
to repair said damaged area and the Corporation shall repair said damaged area in a good
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 Corporation
in the discretion of the Corporation. An amount equal to the costs incurred to effect such
repairs shall be assessed against such Owner as a Special Assessment and shall constitute a
lien upon the Lot of said Owner.
(H) Conveyance of Title. Master Developer, as applicable, may retain the legal
title to the General Common Area and the General Common Facilities until the Applicable
Date and to Limited Common Area and Limited Common Facilities until the applicable Parcel
Applicable Date; provided, however, that Master Developer, as applicable, hereby covenants
that they shall convey to a Permitted Title Holder the title, by quitclaim deed, (i) prior to the
Applicable Date in the case of a General Common Area or General Common Facility and (ii)
prior to the Parcel Applicable Date in the case of a Limited Common Area or Limited
Common Facility.
(I) Limited Common Area and Limited Common Facilities. Unless otherwise
expressly referenced herein, the ownership, use, maintenance and other matters related to the
Limited Common Areas and Limited Common Facilities shall be governed by the Applicable
Supplemental Association and corresponding Supplemental Declaration establishing or
governing such Limited Common Areas and Limited Common Facilities. Without limiting
the foregoing, no Person shall have any right or easement of enjoyment in or to the Limited
Common Area except to the extent granted by, and subject to the terms and provisions of this
Declaration or a Supplemental Declaration. In the event the Limited Common Area or any
Limited Common Facility is damaged or destroyed by an Owner or any of his guests, tenants,
licensees, agents, or member of his family, such Owner authorizes the applicable
Supplemental Association to repair said damaged area and the applicable Supplemental
Association shall repair said damaged area in a good 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 applicable Supplemental Association in the
discretion of the applicable Supplemental Association. An amount equal to the costs incurred
to effect such repairs shall be assessed against such Owner as a Special Assessment and shall
constitute a lien upon the Lot of said Owner.
Section 18. Use of Property.
(A) Protective Covenants.
1. Land Use. Lots and Common Areas may be used only for the
purposes authorized by the Zoning Ordinance.
2. Nuisances. No nuisance shall be permitted to exist or operate
upon any Lot so as to be detrimental to any other Lot in the vicinity thereof or
to its Occupants.
3. Other Restrictions. Master Developer may impose additional
Restrictions in any Plat, Supplemental Declaration, other written instrument, or
in the general rules or regulations adopted by the applicable Development
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Standards and Architectural Control Committee so long as such Restrictions do
not conflict the Plan of Development or the Design Standards.
(B) Maintenance of Property. To the extent that exterior maintenance is not
provided for in a Supplemental Declaration, each Owner shall, at such Owner’s expense, keep
all Lots owned by the Owner, and all improvements therein or thereon, in good order and
repair and free of debris including, but not limited to, the seeding, watering, and mowing of
all lawns, the pruning and cutting of all trees and shrubbery and the painting (or other
appropriate external care) of all Structures and other improvements, all in a manner and with
such frequency as is consistent with good property management as determined by the
Corporate Board in its discretion. In the event an Owner of any Lot in the Property shall fail
to maintain the premises and the improvement situated thereon, as provided herein, the
Corporation, after notice to the Owner as provided by the Corporate By-Laws and approval
by a majority vote of the Corporate Board, shall have the right to enter upon said Lot to correct
drainage and to repair, maintain and restore the Lot and the exterior of the Structures and any
other improvements erected thereon. All costs related to such correction, repair or restoration
shall become a Special Assessment upon such Lot.
Section 19. Easements.
(A) Plat Easements. In addition to such easements as are created elsewhere in
this Declaration or in a Supplemental Declaration and as may be created by Master Developer
pursuant to other written instruments recorded in the office of the Recorder of Hamilton
County, Indiana, Lots are subject to drainage easements, sewer easements, utility easements,
entry way easements, landscape easements, water access easements, Common Area access
easements, pathway easements, non-access easements and access easements, either
separately on in any combination thereof, as shown on the Plats, which are reserved for the
use of Master Developer, Owners, the Corporation, public utility companies and government
agencies and, as to any Limited Common Area, the applicable Supplemental Association, and
the applicable Development Standards and Architectural Control Committee as follows:
1. D.E. Drainage Easements are created to provide paths and
courses for area and local storm drainage, either overland or in adequate
underground conduit, or covered pipe to serve the needs of North End and
adjoining ground and/or public drainage systems; and it shall be the individual
responsibility of each Owner to maintain the drainage access across his own
Lot. No easement shall be blocked in any manner by the construction or
reconstruction of any improvement, nor shall any grading restrict, in any
manner, the water flow. Said areas 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, by Master Developer,
the Corporation and the applicable Supplemental Association, but neither
Master Developer, the Corporation nor the applicable Supplemental Association
shall have any duty to undertake any such construction or reconstruction. Said
easements are for the mutual use and benefit of the Owners.
2. S.S.E. Sewer Easements are created for the use of the local
governmental agency, having jurisdiction over any sanitary waste disposal
system which may be designed to serve North End for the purpose of installation
and maintenance of sewers that are a part of said system.
3. U.E. Utility Easements are created for the use of Master
Developer, the Corporation, the applicable Supplemental Association and
public or municipal utilities, not including transportation companies, that
provide electrical, telephone, gas and water service for the installation and
maintenance of underground mains, ducts, wires and other facilities for such
service, as well as for all uses specified in the case of sewer easements, provided
that prior to the Applicable Date no such mains, ducts, wires and other facilities
may be installed in any utility easement without the prior consent of Master
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Developer.
4. I.M.A.E. Installation, Maintenance and Access Easements are
created for the use by Master Developer, the applicable Development Standards
and Architectural Control Committee, the Corporation and the applicable
Supplemental Association designated thereon for (i) the installation, operation
and maintenance of the Entry Ways, (ii) the planting and maintenance of trees,
shrubs, and other plantings, and all other walls, fences, or other improvements,
(iii) gaining access to the Ponds in the course of maintenance, repair or
replacement of any thereof, (iv) gaining access to the General Common Area in
the course of maintenance, repair or replacement thereof and for the use of
Owners for the purpose of gaining access to such General Common Area to
enjoy the use thereof to the extent authorized herein, (v) gaining access to the
Limited Common Area in the course of maintenance, repair or replacement
thereof and for the use of Owners for the purpose of gaining access to such
Limited Common Area to enjoy the use thereof to the extent authorized herein
or a Supplemental Declaration, and (vi) the installation by Master Developer,
the maintenance by the Corporation or the applicable Supplemental Association
and the use by the Owners, of the Paths to the extent authorized herein.
5. N.A.E. Non-Access Easements are created to preclude access
from certain Lots to abutting rights-of-way across the land subject to such
easements.
6. T.A.E. Temporary Access Easements are created for the
purpose of affording public access over temporary cul-de-sacs for dead end
public streets that will be extended at some point in the future. Extension of the
public street and elimination of the temporary cul-de-sac shall automatically
terminate the subject temporary access easement.
The Corporation may exercise each of the foregoing easements granted to it across
the entire Property; provided, however, that the Corporation may not exercise any of the
foregoing easements in a manner that damages any existing Structures without the prior
written consent of the Owner of the such Structure. Unless otherwise expressly provided
herein or in a Supplemental Declaration or on a Plat, a Supplemental Association may only
exercise each of the foregoing easements within the Parcel over which it has jurisdiction. All
easements mentioned herein include the right of reasonable ingress and egress for the exercise
of other rights reserved.
All mains, ducts, pipes, wires, and other facilities permitted pursuant to any of the
foregoing easements shall be underground, provided that the foregoing shall not prohibit
underground utilities to be connected with utility tie-in locations above ground on exterior
walls of the improvements to be constructed on a Lot immediately adjacent to the locations
where such underground utilities penetrate the ground.
No Structure, including fences, shall be built on any drainage, sewer or utility
easement if such Structure would interfere with the utilization of such easement for the
purpose intended or violate any applicable legal requirement or the terms and conditions of
any easement specifically granted to a Person who is not an Owner by an instrument recorded
in the Office of the Recorder of Hamilton County, Indiana. A paved driveway necessary to
provide access to a Lot from a public street or Private Street and a sidewalk installed by or at
the direction of Master Developer (and replacements thereof) shall not be deemed a Structure
for the purpose of this Restriction.
(B) General Easement. There is hereby created a blanket easement over, across,
through and under the Property for ingress, egress, installation, replacement, repair and
maintenance of underground water, sewer, gas, telephone and electric lines and systems;
provided, however, that no water, sewer, gas, telephone or electric lines and systems may be
installed or relocated in a Parcel except as proposed and approved by Master Developer prior
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to the Applicable Date or by the applicable Development Standards and Architectural Control
Committee thereafter. By virtue of this easement it shall be expressly permissible for Master
Developer or the providing utility or service company to install and maintain facilities and
equipment on the Property and to excavate for such purposes if Master Developer or such
company restores the disturbed area as nearly as is practicable to the condition in which it
was found. Should any utility furnishing a service covered by the general easement herein
provided request a specific easement by separate recordable document, Master Developer or
the Corporate Board, in the case of General Common Area, and Master Developer or the
Supplemental Board, in the case of Limited Common Area, shall have the right to grant such
easement on the Property without conflicting with the terms hereof. This blanket easement
shall in no way affect any other recorded easements on the Property, shall be limited to
improvements as originally constructed, and shall not cover any portion of a Lot upon which
a Unit, Apartment Building, or Multiuse Structure has been constructed or is proposed for
construction (i) pursuant to a Lot Development Plan which has been approved by the
applicable Development Standards and Architectural Control Committee or (ii) as otherwise
permitted pursuant to this Declaration.
(C) Public Health and Safety Easements. An easement is hereby created for the
benefit of, and granted to, all police, fire protection, ambulance, delivery vehicles, and all
similar Persons to enter upon all General Common Areas and all Limited Common Areas and
Private Streets in the performance of their duties.
(D) Crossing Underground Easements. Easements utilized for underground
service may be crossed by driveways, walkways, Paths, Water Access Easements, General
Common Area Access Easements and Limited Common Area Access Easements. Such
easements as are actually utilized for underground service shall be kept clear of all other
improvements, including buildings, decks, patios, or other pavings, other than crossings,
driveways, walkways, Paths, Water Access Easements, General Common Area Access
Easements or Limited Common Area Access Easements, and neither Master Developer nor
any utility company using the easements shall be liable for any damage done by either of them
or their assigns, agents, employees, or servants to shrubbery, trees, flowers or other
improvements of the Owner located on the land covered by said easements.
(E) Easement to Correct Drainage. A blanket easement and right is reserved in
favor Master Developer on, over and under the ground within that Parcel to maintain and to
correct drainage of surface water in order to maintain reasonable standards of health, safety
and appearance. Such right expressly includes the right to cut any trees, bushes or shrubbery,
make any gradings of the soil, or to take any other similar action reasonably necessary,
following which Master Developer shall restore the affected property to its original condition
as nearly as practicable. Master Developer shall give reasonable notice of its intention to take
such action to all affected Owners, unless in the opinion of Master Developer an emergency
exists which precludes such notice. The forego ing Easement to Correct Drainage shall not be
exercised in a manner that damages an existing Structure absent the written consent of the
Owner of such Structure.
(F) Water Retention. The Owner of each Lot, by acceptance of a deed thereto,
consents to the temporary storage (detention) of storm water within the drainage easements
(DE) on such Owner’s Lot.
(G) Damage. Any damage to a Lot or Unit caused by the exercise of any of the
easement rights referred to in this Declaration shall promptly be repaired and restored to the
condition existing prior to the exercise of such rights, by, and at the expense of, the Person
exercising such rights.
(H) Connections Authorized. Each Owner upon whose Lot an easement exists
hereby authorizes and grants an easement, to adjacent Owners, to tie-in to and connect with
any such easements existing on such Owner’s Lot.
Section 20. Use of Lots during Development.
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(A) By Master Developer. Notwithstanding any provisions to the contrary contained
in this Declaration or in any other instrument or agreement, Master Developer or its sales
agents or contractors, or any Designated Builder, may maintain during the period of
construction and sale or rental of Lots and Units in the Property, upon such portion thereof as
is owned or leased by Master Developer, or any Designated Builder, such facilities as in the
discretion of Master Developer may be reasonably required, convenient or incidental to the
construction, sale or rental of Lots and Units, including but without limiting the generality
thereof, a business office, storage area, construction yards, signs, model Units and sales or
leasing offices. Master Developer specifically reserves the right to maintain a sales office in,
and make other use of, any building located within a Common Area during the period that it
is engaged in the sale of Lots.
(B) By Builders. Notwithstanding any provisions to the contrary contained in this
Declaration, a builder who has constructed a Residential Unit in North End may, with the
prior consent of the Corporate Board, use such Residential Unit as a “model” home and may
hold such home open to the public, either individually or as part of a “home show” approved
by the Corporate Board for such reasonable period as the Corporate Board may specify. With
the approval of Master Developer, and the consent of the Owner thereof, undeveloped Lots
adjacent to or in proximity to such model home may be used for parking by visitors to such
model home.
Section 21. Enforcement. The Corporation, the applicable Supplemental Association (in the case
of Limited Common Area, Limited Common Facilities or other rights provided for hereunder with respect to
a Supplemental Association), any Owner, or Master Developer shall have the right to enforce, by proceeding
at law or in equity all restrictions, conditions, covenants, reservations, liens and charges now or hereafter
imposed by the provisions of this Declaration. No delay or failure by any Person to enforce any of the
Restrictions or to invoke any available remedy with respect to a violation or violations thereof shall under
any circumstances be deemed or held to be a waiver by that Person of the right to do so thereafter, or an
estoppel of that Person to assert any right available to him upon the occurrence, recurrence or continuation of
any violation or violations of the Restrictions. In any action to enforce this Declaration, the Person seeking
enforcement shall be entitled to recover all costs of enforcement, including attorney’s fees, if it substantially
prevails in such action.
Section 22. Limitations on Rights of the Corporation and Supplemental Association. Prior to the
Applicable Date, neither the Corporation nor any Supplemental Association may use its resources or take a
public position with respect to the Plan of Development or to changes thereto proposed by Master Developer.
Nothing in this Section shall be construed to limit the rights of the Owners acting as individuals or in
affiliation with other Owners or groups as long as they do not employ the resources of the Corporation or a
Supplemental Association or identify themselves as acting in the name, or on the behalf, of the Corporation
or a Supplemental Association.
Section 23. Approvals by Master Developer. Notwithstanding any other provisions hereof, prior to
the Applicable Date, the following actions shall require the prior approval of Master Developer: the addition
of real estate to the Property; dedication or transfer of the General Common Area; mergers and consolidations
of Parcels within the Property or of the Property with other real estate; mortgaging of the General Common
Area; amendment of this Declaration or any Supplemental Declaration; changes in the basis for Assessment
or the amount, use and time of payment of the Initial Assessment; and the assumption of personal liability for
payment of Assessments by any Supplemental Association pursuant to Section 15(A) of this Declaration.
Notwithstanding any other provisions hereof, prior to the Applicable Date, the following actions shall require
the prior approval of Master Developer: the addition or withdrawal of real estate to or from the Property; the
modification of the Design Standards or the adoption of additional Design Standards; the modification of the
Plan of Development. Notwithstanding any other provisions hereof, prior to the applicable Parcel Applicable
Date, the following actions shall require the prior approval of Master Developer: the dedication or transfer
any of the Limited Common Area; mortgaging of any of the Limited Common Area; and the amendment of
any Supplemental Declaration.
Section 24. Mortgages.
(A) Notice to Corporation. Any Owner who places a first mortgage lien upon
a Unit, Apartment Building or Multiuse Structure or the Mortgagee may notify the Secretary
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of the Corporate Board of such mortgage and provide the name and address of the Mortgagee.
A record of such Mortgagee’s name and address shall be maintained by the Secretary and any
notice required to be given to the Mortgagee pursuant to the terms of the Organizational
Documents shall be deemed effectively given if mailed to such Mortgagee at the address
shown in such record in the time provided. Unless notification of any such mortgage and the
name and address of Mortgagee are furnished to the Secretary, either by the Owner or the
Mortgagee, no notice to any Mortgagee as may be otherwise required by the Organizational
Documents shall be required and no Mortgagee shall be entitled to vote by virtue of the
Organizational Documents or a proxy granted to such Mortgagee in connection with the
mortgage.
(B) Notices to Mortgagees. The Corporation may provide, to any Mortgagee
of whom the Corporation has been provided notice under Section 24(A) above, notice of any
of the following:
1. Any condemnation or casualty loss that affects a material
portion of the General Common Area;
2. Any delinquency in the payment of any Assessment owed to
the Corporation by the Owner of any Unit, Apartment Building or Multiuse
Structure on which said Mortgagee holds a mortgage or any default by an Owner
under the Organizational Documents, if said delinquency or default continues
for more than sixty (60) days;
3. Any lapse, cancellation or material modification of any
insurance policy or fidelity bond maintained by the Corporation;
4. Any proposed action that requires the consent of a specified
percentage of Mortgagees hereunder; and,
5. Any proposed amendment of the Organizational Documents
effecting a change in (i) the interests in the General Common Area appertaining
to any Lot or the liability for Maintenance Costs appertaining thereto, (ii) the
vote appertaining to a Lot or (iii) the purposes for which any Lot or the General
Common Area are restricted.
(C) Notice of Unpaid Assessments. The Corporation shall, upon request of a
Mortgagee, a proposed mortgagee, or a proposed purchaser who has a contractual right to
purchase a Lot, furnish to such mortgagee or purchaser a statement setting forth the amount
of the unpaid Assessments owed to the Corporation against the Lot and the Owners, and any
Mortgagee or grantee of the Lot shall not be liable for, nor shall the Lot conveyed be subject
to a lien for, any unpaid Assessments for periods prior to such statement in excess of the
amount set forth in such statement.
(D) Financial Statement. Upon the request of any Mortgagee, the Corporation
shall provide to said Mortgagee the most recent financial statement prepared on behalf of the
Corporation.
(E) Payments by Mortgagees. Any mortgagee may (i) pay taxes or other
charges that are in default and that may or have become a lien upon the Common Area or any
part thereof and (ii) pay overdue premiums on hazard insurance policies or secure new hazard
insurance coverage for the Common Area in case of a lapse of a policy. A Mortgagee making
such payments shall be entitled to immediate reimbursement from the Corporation.
Section 25. Amendments.
(A) Generally. Subject to Sections 25(C), 25(D) and 25(E), this Declaration
may be amended at any time by an instrument signed by (i) the appropriate officers of the
Corporation acting pursuant to the authority granted by not less than a majority of the votes
of the Corporate Board cast at a meeting of the Corporate Board duly called for the purpose
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of amending this Declaration and (ii), to the extent required by Section 24, Master Developer.
(B) By Master Developer. Subject to Subsection 25(C) and 25(E) but without
regard to Subsections 25(A) and 25(D), Master Developer hereby reserves the right, prior to
the Applicable Date to amend and revise (i) the provisions, standards, covenants and
restrictions contained in this Declaration and (ii) any and all exhibits attached to this
Declaration including, without limitation, the Plan of Development and the Valuation Table,
unless the amendment of a particular provision of this Declaration is explicitly prohibited by
this Declaration. Such amendments shall be in writing, executed by Master Developer, and
recorded with the Recorder of Hamilton County, Indiana.
(C) Approval by Zoning Authority. No amendment which would eliminate,
waive or qualify a requirement set forth in this Declaration for the consent of or approval by
the Zoning Authority shall be effective unless approved in writing by the Zoning Authority.
(D) Class Approval. Subject to Section 25(B), the extent that such amendment
affects Owners of Non-Residential Units, Apartment Buildings or Multiuse Structures (or any
Units therein), there shall be no amendment of this Declaration which would limit or impair
the rights granted herein or add to the burdens imposed by this Declaration.
(E) Intentionally Deleted.
(F) Effective Date. Any amendment shall become effective upon its
recordation in the Office of the Recorder of Hamilton County, Indiana.
Section 26. Interpretation. The underlined titles preceding the various Sections and Sub-Sections
of this Declaration are for convenience of reference only, and none of them shall be used as an aid to the
construction of any provision of this Declaration. Wherever and whenever applicable, the singular form of
any word shall be taken to mean or apply to the plural, and the masculine form shall be taken to mean or
apply to the feminine or to the neuter.
Section 27. Duration. This Declaration and its covenants and restrictions are for the mutual benefit
and protection of the present and future Owners, the Corporation, and Master Developer, and shall run with
the land and shall be binding on all parties and all Persons claiming under them until January 1, 2075, at
which time said covenants and restrictions shall be automatically extended for successive periods of ten (10)
years, unless changed in whole or in part by vote of a majority of the members of the Corporate Board.
Notwithstanding the foregoing, all easements created in this Declaration shall be perpetual to the fullest extent
of the law, unless otherwise specifically stated herein.
Section 28. Severability. Every one of the Restrictions is hereby declared to be independent of, and
severable from, the rest of the Restrictions and of and from every one of the Restrictions, and of and from
every combination of the Restrictions. Therefore, if any of the Restrictions shall be held to be invalid or to
be unenforceable, or to lack the quality of running with the land, that holding shall be without effect upon the
validity, enforceability or “running” quality of any other one of the Restrictions.
Section 29. Non-Liability of Master Developer. Master Developer shall not have any liability to an
Owner, Occupant or any other Person with respect to drainage on, over or under a Lot or erosion of a Lot.
Such drainage and erosion control shall be the responsibility of the Owner of the Lot upon which a Unit,
Apartment Building, or Multiuse Structure is constructed and of the builder of such Unit, Apartment Building
or Multiuse Structure and an Owner, by acceptance of a deed to a Lot, shall be deemed to agree to indemnify
and hold Master Developer free and harmless from and against any and all liability arising from, related to,
or in connection with the erosion of or drainage on, over and under the Lot described in such deed. Neither
Master Developer shall have any duties, obligations or liabilities hereunder except such as are expressly
assumed by Master Developer, and no duty of, or warranty by, Master Developer shall be implied or be
inferred from any term or provision of this Declaration.
Section 30. Reserved.
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Section 32. Right to Develop. Every Person acquiring any interest in North End acknowledges that
North End is a master planned community, the development of which is likely to extend over many years
and that North End is a mixed-use community which may comprise a diversity of uses including, without
limitation, detached single family residential, attached residential, apartments, assisted living and continuing
care facilities and commercial retail and office development, along with lighting, sound, and intensity
occasioned by commercial development. Every Person acquiring an interest in North End agrees not to
protest, challenge, or otherwise object to (i) changes in uses or density of property outside or within the Parcel
in which such Person holds an interest; (ii) changes in the Plan of Development; (iii) changes in the Design
Standards; or (iv) the intensity, sound, and lighting occasioned by any development allowed by the Zoning
Ordinance.
Section 33. Exclusive Rights to Use Name of Development. No Person shall use the name “North
End” or any derivative of such name or in logo or depiction in any printed or promotional material without
Master Developer’s prior written consent. However, Owners may use the name “North End” in printed or
promotional matter where such term is used to specify that particular property is located within North End
and the Corporation and any Supplemental Association shall be entitled to use the words “North End” in its
name.
Section 34. Right to Approve Additional Covenants. Prior to the Applicable Date, no Person shall
record any declaration of covenants, conditions and restrictions, Declaration of Condominium, Townhome
Declaration or similar instrument affecting any portion of the Property without Master Developer’s review
and written consent. Any attempted recordation without such consent shall result in such instrument being
void and of no force and effect unless subsequently approved by written consent signed and recorded by
Master Developer.
Section 35. Perpetuities. If any of the covenants, conditions, restrictions, or other provisions of this
Declaration shall be unlawful, void, or voidable for violation of the rule against perpetuities, then such
provisions shall continue only until twenty-one (21) years after the death of the last survivor of the now living
descendants of George Herbert Walker Bush, former President of the United States of America.
Section 36. Mechanic’s Liens. Each Owner agrees that in the event any mechanic’s lien or other
statutory lien shall be filed against its Lot, any other Lot or any Common Area by reason of work, labor,
services or materials supplied to or at the request of such Owner pursuant to any construction on its Lot, or
at the request of the Owner or an Occupant of the Lot pursuant to any construction by said Owner or
Occupant, it shall pay and discharge the same of record within thirty (30) days after the filing thereof, subject
to the provisions of the following sentence. Each Owner shall have the right to contest the validity, amount
or applicability of such liens by appropriate legal proceedings, and, so long as it shall furnish such bond or
provide such indemnification as is hereinafter provided and be prosecuting such contest in good faith, the
requirement that it pay and discharge such liens within said thirty (30) days shall not be applicable; provided,
however, that in any event such Owner shall, within thirty (30) days after the filing thereof, bond or indemnify
against such liens in amount and in form satisfactory to induce the title insurance company which insured
title to the respective parcel, to insure over such liens or to reissue and update its existing policy, binder or
commitment without showing title exception by reason of such liens, and shall indemnify and save harmless
Master Developer, PRF, the other Owners, the Corporation and the applicable Supplemental Association, if
any, from all loss damage, liability, expense or claim whatsoever (including reasonable attorney’s fees and
other costs of defending against the foregoing) resulting from the assertion of any such liens. In the event
such legal proceeding shall be finally concluded (so that no further appeal may be taken adversely to the
Owner contesting such liens) such Owner shall, within ten (10) days thereafter, cause the liens to be
discharged of record.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK;
SIGNATURE PAGES FOLLOW]
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IN TESTIMONY WHEREOF, Master Developer has executed this Declaration as of the date
set forth above.
Master Developer:
NORTH END LAND DEVELOPMENT, L.L.C.,
an Indiana limited liability company
By: __________________________________________
Name: _______________________________________
Title: ________________________________________
STATE OF INDIANA )
) SS:
COUNTY OF _________________________ )
Before me, a Notary Public in and for said County and State, personally appeared
_____________________, the ____________________________________________ of
_________________________, a[n] ________________________________, who acknowledged the
execution of the foregoing “Master Declaration of Covenants and Restrictions of
_________________________” on behalf of ____________________________________________.
WITNESS my hand and Notarial Seal this _____ day of _________________, 20___.
___________________________________
Notary Public
____________________________________
(Printed Signature)
My Commission Expires: ______________
My County of Residence: ______________
This instrument prepared by, and after recording, return to: __________________________________
________________________________________________________________________________.
I affirm under the penalties for perjury, that I have taken reasonable care to redact each Social Security
number in this document, unless required by law – ________________________________.
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EXHIBIT “A”
REAL ESTATE
03/31/21
EXHIBIT “B”
ADDITIONAL REAL ESTATE
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EXHIBIT “C”
DEFINITIONS
“Additional Real Estate” means the real estate located in Hamilton County, Indiana and particularly described in what
is attached hereto and incorporated herein by reference as Exhibit B, along with all real estate contiguous therewith.
“Amenity Areas” means a Limited Common Area, designated by Master Developer and upon which the Master
Developer constructs improvements which, in the Master Developer’s discretion, may include, without limitation,
swimming pools, bath houses, sports fields, tennis courts, playgrounds, and other improvements.
“Apartment Building” means a Structure with two or more Residential Units under one roof, except when such
Residential Units are situated upon their own individual Lots, are Condominiums or Townhomes or are located in a
Multiuse Structure.
“Applicable Date” means the date that Master Developer has voluntarily relinquished its rights as the Master
Developer under this Declaration (but not such earlier date as Master Developer may voluntarily relinquish its rights
as Master Developer under a Supplemental Declaration), as established in a written notice to the Corporation.
“Applicable Supplemental Association” or words to similar effect means the Supplemental Association that pursuant
to a Plat, Supplemental Declaration or a Development Instrument has jurisdiction of a particular Parcel or Limited
Common Area.
“Assessments” means all sums assessed against the Owners or as declared by this Declaration, any Supplemental
Declaration, the Corporate Articles or the Corporate By-Laws or the articles of incorporation or by-laws of a
Supplemental Association.
“Assigned Votes” means the votes which the Master Developer assigns to each Supplemental Board and which are
cast by the members of each Supplemental Board at each election of the members of the Master Board, occurring
subsequent to the Applicable Date, in the manner specified in the Corporate Articles and Corporate Bylaws. The
Assigned Votes shall be as specified in the Valuation Table and/or a Supplemental Declaration, as the same may be
amended from time to time by the Master Developer or the Master Board in their discretion.
“Building Activity” means any improvement, alterations, repairs, change of colors, excavations, changes in grade,
planting, installation or modification of signage or other work that in any way alters any Lot or the exterior of the
improvements and any Structure located thereon from its natural or improved state.
“Capital Assessment” means an Assessment made pursuant to Section 15(E) of the Declaration.
“City” means the City of Carmel, Indiana.
“Common Area” means any General Common Area and any Limited Common Area.
“Common Facilities” means any General Common Facilities and any Limited Common Facilities.
“Common Lighting” means the light standards, wiring, bulbs and other appurtenances, if any, installed to illuminate
the General Common Area or Limited Common Area, as the case may be, or the public and private ways.
“Community Drives” means what is identified on the Plan of Development as “Community Drives” or similar term
and which are available for uses by all Owners.
“Condominium” means a condominium, established per the terms of a Declaration, pursuant to and as defined in
Indiana Code 32-25-1-1 et. seq., as amended.
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“Condominium Association” means an “association of co-owners” as that term is defined in Indiana Code 32-25-1-1
et. seq., as amended.
“Consumer Price Index” means the Consumer Price Index for All Urban Consumers (1982 84=100) All Cities
published by the Bureau of Labor Statistics of the United States Department of Labor, or, if such index is no longer
published, the index most nearly comparable thereto as selected by the Master Developer.
“Corporate Articles” means the Articles of Incorporation of the Corporation, as amended from time to time.
“Corporate Board” means the Board of Directors of the Corporation.
“Corporate By-Laws” means the Code of By-Laws of the Corporation, as amended from time to time.
“Corporate Obligations” means, collectively, the cost as determined by the Corporate Board in its discretion of (i) the
improvement, maintenance, repair, replacement and operation of the General Common Area and the General Common
Facilities, (ii) insurance required by this Declaration to be maintained by the Master Developer, (iii) maintenance of
the Drainage Facilities, (iv) services to remove snow, from the Community Drives, in frequencies determined by the
Corporate Board and the Master Developer, (v) maintaining Site Furniture and Facilities, Entry Ways, Street Trees,
street lights, signs, turf, bicycle parking, walls and fences located within the Community Drives, and (vii) all other
obligations of the Corporation which are specified in this Declaration.
“Corporation” means North End Master Association, Inc., an Indiana nonprofit corporation, its successors and assigns.
“Corporation’s Annual Budget” means the costs, as determined by the Corporation’s Board, in its discretion, of
fulfilling the Corporation’s Obligations on an annual basis.
“Corporation’s Annual Operating Deficit” means the cost of satisfying the Corporate Obligations, on an annual basis,
as determined by the Corporate Board, less all of the total General Assessment owed by all Owners other than the
Master Developer and Designated Builders, for the subject year.
“Master Developer” means Old Town Companies, L.L.C., an Indiana limited liability company, or its replacement
appointed pursuant to the terms and conditions of this Declaration.
“Declaration of Condominium” means a “declaration” as defined in Indiana Code 32-25-1-1, et seq., as amended.
“Development Standards and Architectural Control Committee” means an entity established pursuant to a
Supplemental Declaration for the purposes therein stated, and “applicable Development Standards and Architectural
Control Committee” means the Development Standards and Architectural Control Committee for the Parcel subject
to such Supplemental Declaration.
“Design Standards” means standards that govern the planning and design of each Parcel and the Property as a whole
as detailed in Exhibit “F” to this Declaration, which standards may be amended or supplemented from time to time by
amendment to this Declaration executed by Master Developer.
“Designated Builder” means for such period as designated in writing by Master Developer may continue, any Person
engaged in the construction of more than one (1) Unit on the Property who is designated in writing by Master
Developer as a “Designated Builder”.
“Development Instrument” means any other recorded instrument applicable to the Property prepared by Master
Developer in addition to this Declaration, a Supplemental Declaration or a Plat.
“Drainage Board” means the Hamilton County Drainage Board, its successors or assigns, or the City of Carmel
Department of Public Works, its successors and assigns.
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“Drainage System” means the open drainage ditches and swales, the subsurface drainage tiles, bioswales, pipes and
structures, the dry and wet retention and/or detention ponds (including the Ponds), and the other Structures, fixtures,
properties, equipment and facilities located in the Property, and designated for the purpose of controlling, retaining or
expediting the drainage of surface and subsurface waters from, over and across the Property, including but not limited
to those shown or referred to on a Plat, all or part of which may be established as legal drains subject to the jurisdiction
of the Drainage Board.
“Entry Ways” means the Structures, including monuments and signs, constructed as an entrance to North End or a
part thereof (exclusive of the street pavement, curbs, and drainage Structures and tiles), the traffic islands depicted as
a Common Area on a Plat and any other traffic islands dividing a roadway providing access to North End or a part
thereof, and the grassy area surrounding such Structures.
“General Assessment” means an Assessment made pursuant to Section 15(B) of the Declaration.
“General Common Area” means (i) areas of land that are designated as General Common Area on any Plat or in this
Declaration or any Development Instrument, and all improvements located within any such General Common Area,
and (ii) other areas of land that are conveyed to or acquired by the Corporation, and its successors and assigns, together
with all improvements thereto, all utility service lines or facilities located therein not maintained by a public utility
company or governmental agency and all General Common Facilities located therein or used in connection therewith.
“General Common Area Access Easement” means the area designated on a Plat as a means of access to a General
Common Area or Shared Parking Lot.
“General Common Facilities” means (i) all improvements which are located in the General Common Areas, including,
without limitation, all Paths, Common Lighting, Ponds, Site Furniture and Fixtures, bicycle racks, walls, fences, signs
and landscaping, (ii) the Drainage System, and (iii) the Site Furniture and Facilities, the Drainage System, Entry Ways,
Street Trees, street lights, signs, turf, bicycle racks, walls and fences and any and all infrastructure not maintained by
the City within the Community Drives or that portion of the public right-of-way which is immediately adjacent to a
General Common Area.
“Initial Assessment” means the Initial Assessment required by Section 15(D) of the Declaration.
“Landscape Easement” means a portion of a Lot denoted on a Plat as an area to be landscaped or as a Landscape
Easement.
“Limited Common Area” means any Amenity Areas and other areas of land or improvements that are (i) designated
by the Master Developer, in the Master Developer’s discretion, as Limited Common Area on any Plat or in any
Supplemental Declaration or Development Instrument, or located within any such Limited Common Area, (ii)
conveyed to or acquired by a Supplemental Association, or (iii) required by this Declaration to be maintained by a
Supplemental Association, together with all improvements thereto, all utility service lines or facilities located therein
not maintained by a public utility company or governmental agency and any Limited Common Facilities located
therein.
“Limited Common Facilities” means (i) all improvements located within a Limited Common Area including, without
limitation, Paths, Common Lighting, Site Furniture and Fixtures, bicycle racks, walls, fences, signs, and landscaping.
(ii) what the Master Developer, in its discretion, identifies and defines in a Supplemental Declaration as a Limited
Common Facility and may also include, without limitation, (iii) Site Furniture and Facilities, Entry Ways, Street Trees,
street lights, signs, turf, bicycle racks, walls and fences and any and all infrastructure not maintained by the City,
which are located within a Parcel or a public street internal or adjacent to a Parcel but not located within (x) the
Community Drives, (y) a public right-of-way immediately adjacent to a General Common Area, or (z) a General
Common Area.
“Lot” means (i) any plot of land intended as a building site shown upon any recorded Plat, with the exception of
Common Areas and Shared Parking Lots, (ii) any Condominium, (iii) any Townhome; (iv) any part of the Property
designated in a recorded instrument as “Lot”, and (v) any other part of the Property acquired by an Owner or used by
Master Developer for the construction or operation of, or occupancy as, one or more Units.
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“Lot Development Plan” means (i) a site plan prepared by a licensed engineer or architect, (ii) foundation plan and
proposed finished floor elevations, (iii) building plans, including elevation and floor plans, (iv) material plans and
specifications, (v) landscaping plan, (vi) exterior lighting plan, (vii) tree preservation plan and (viii) all other data or
information that the applicable Development Standards and Architectural Control Committee may request, with
respect to the improvement or alteration of a Lot (including but not limited to the landscaping thereof) or the
construction or alteration of a Unit, Apartment Building, Multiuse Structure or other Structure or improvement
thereon.
“Maintain,” as it refers to any physical item means maintain, repair, replace and remove as necessary or appropriate.
“Maintenance Costs” means all of the costs, as determined by the Corporate Board, in its discretion, with respect to
General Common Areas and General Common Facilities, and the Applicable Supplemental Association, in the
discretion of its Supplemental Board with respect to Limited Common Areas and Limited Common Facilities
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, and replacement of all or any part of any such facility, payment of all
insurance premiums for public liability, casualty and other insurance maintained with respect thereto, all utility charges
relating to such facilities, all taxes imposed on the facilities and on the underlying land, leasehold, easement or right-
of-way, and any other expense related to the continuous maintenance, operation, or improvement of the facilities.
“Majority” means any number greater than fifty percent (50%).
“Mortgagee” means the holder of a first mortgage on a Lot, a Unit, an Apartment Building or a Multi-Use Structure.
“Multi-Use Structure” means a Structure which contains one or more Non-Residential Units and one or more
Residential Units.
“Non-Residential Lot” means a Lot which is used primarily for non-residential purposes and shall include Lots on
which Apartment Buildings or Multi-Use Structures exist.
“Non-Residential Unit” means any Structure or portion thereof (including Common Areas) situated upon the Property
which is designated and intended for use and occupancy for such non-residential purposes as are permitted under the
Zoning Ordinance exclusive of home-based offices and other uses accessory to the use and enjoyment of a Residential
Lot. A Non-Residential Unit may not be a Condominium or a Townhome.
“Occupant” means any Person who is in possession of a Unit either as an Owner or as a tenant pursuant to a lease or
other occupancy agreement.
“Organizational Document” means, collectively, the Declaration, the Master Articles and the Master By-Laws.
“Owner” means Person, including Master Developer, who at the time has or is acquiring legal title to a Lot, except a
Person who has or is acquiring such title merely as security for the performance of an obligation.
“Parcel” means each platted subdivision or part thereof, parcel of land or one or more Lots within the Property that
are subject to the same Supplemental Declaration or are declared by Master Developer to constitute a “Parcel” and
may include Limited Common Areas and/or Amenity Area(s). One or more Lots may be included in more than one
Parcel. A Parcel comprises more than one type of use and may include noncontiguous lots, platted subdivisions or
parcels of land.
“Parcel Applicable Date” means the date specified in the applicable Supplemental Declaration as the “Parcel
Applicable Date” for that Parcel.
“Parcel Assessment” means an Assessment made pursuant to a Supplemental Declaration for a Parcel to be used for
such purposes as are authorized by the Supplemental Declaration.
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“Paths” means those walkways, sidewalks and/or bikeways installed outside of a public right-of-way pursuant to
Section 9 and such other real estate or interest therein as is conveyed or granted in the Master Developer’s discretion
to the Corporation and/or Supplemental Association for the purpose of being used for walkways and/or bikeways.
“Permitted Title Holder” means (i) the Corporation, (ii) any Supplemental Association, (iii) a public or private
educational institution, (iv)the City or any of its agencies or (v) a nonprofit corporation having perpetual existence or
a governmental entity designated, in either case, by Master Developer.
“Person” means an individual, firm, corporation, partnership, limited liability company, association, trust or other
legal entity, or any combination thereof.
“Plan of Development” means that plan prepared by Master Developer that outlines the total scheme of development
and general uses of land in the Property, attached to this Declaration as Exhibit “D”. The Plan of Development may
be amended, changed and modified by Master Developer from time to time, in the Master Developer’s discretion.
“Plat” means (i) a final secondary plat, (ii) a detailed (secondary) development plan pursuant to the Zoning Ordinance
of a portion of the Property executed by Master Developer and recorded in the Office of the Recorder of Hamilton
County, Indiana or (iii) where a final secondary plat or Detailed (secondary) development plan is not required by the
Zoning Ordinance, a map or drawing prepared by Master Developer showing a portion of the Property (which may
show the division of that portion of the Property into Lots, the dedication of right-of-way or the creation of easement
thereon) and recorded in the Office of the Recorder of Hamilton County, Indiana.
“Pond” means either a body of water or a dry pond either located in a Common Area or located outside the Property
but utilized for controlled drainage from the Property pursuant to easement or other agreements requiring the Master
Developer and/or the Corporation or applicable Supplemental Association to maintain such bodies of water or dry
pond areas, and “Ponds” means all of such bodies of water and dry pond areas collectively.
“Private Street” means a privately-held right-of-way, open to the public for the purposes of vehicular and pedestrian
travel, and which is identified and designated by the Master Developer in writing, on a Plat or otherwise, as a Private
Street. A Private Street may be comprised of pavement, shoulders, gutters, curbs, sidewalks, parking space, and the
like. Private Street does not include a driveway located entirely on a single Lot.
“Property” means certain property located in Hamilton County, Indiana, as described in Exhibit “A” to this
Declaration.
“North End” means the name by which Property shall be commonly known.
“North End Supplemental Association” means the North End Owners Supplemental Association, Inc., established
pursuant to the Supplemental Declaration of Covenants and Restrictions of North End, which will be recorded with
the Recorder of Hamilton County, Indiana.
“Real Estate” means the real estate particularly described in what is attached hereto and incorporated herein by
reference as Exhibit “A”.
“Residential Lot” means a Lot which is used or intended to be used primarily for residential purposes except where
the Lot is improved by the construction thereon of an Apartment Building or a Multi-Use Structure.
“Residential Unit” means a Structure containing a room or combination of rooms designed for year-round habitation,
containing a bathroom and kitchen facilities, and designated for or used as a permanent residence by at least one
Person, and all Structures accessory thereto.
“Restrictions” means the covenants, conditions, easements, charges, liens, restrictions, rules, regulations, policies and
procedures and all other provisions set forth in this Declaration, all Applicable Supplemental Declarations, any Plats,
any Development Instruments, Design Standards and any rules, regulations, policies, and procedures adopted by the
Corporate Board and/or a Supplemental Board, in their discretion, as the same may from time to time be amended.
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“Round-about” means any traffic circle constructed in accordance with the Plan of Development.
“Shared Parking Lot” means any parking lot owned, managed and/or maintained by the Corporation or a Supplemental
Association intended for shared use and designated, in writing, by the Corporate Board, in its discretion, as a Shared
Parking Lot.
“Site Furniture and Facilities” means any furniture, trash containers, sculpture or other furniture, fixtures, equipment
or facilities constructed, installed or placed in the Property by Master Developer, the Corporation or a Supplemental
Association and intended for the common use or benefit of some, if not all, of the Owners and Occupants.
“Special Assessment” means an Assessment made pursuant to Section 15(J) of the Declaration.
“Street Trees” means the trees, shrubs and other plantings planted by Master Developer, the Corporation or
Supplemental Association pursuant to Section 11 of this Declaration, as the same may be replaced from time to time.
“Structure” means anything which is constructed or installed upon a Lot including, without limitation, all
improvements which are principally above ground and enclosed by walls.
“Supplemental Association” means any nonprofit corporation established pursuant to a Supplemental Declaration to
carry out functions specified in such Supplemental Declaration.
“Supplemental Board” means the board of directors of a Supplemental Association.
“Supplemental Declaration” means any supplemental declaration of covenants, conditions or restrictions which may
be recorded, with respect to a Parcel or part of a Parcel and which may extend the provisions of this Declaration or
any previously recorded Supplemental Declaration to a Parcel and which may contain such complementary or
supplementary provisions for such Parcel as are specified in the Supplemental Declaration by the Master Developer,
in Master Developer’s discretion.
“Townhome” means any structure of two or more stories for single family occupancy, connected to one or more
similar structures, all constructed on the Real Estate, together with the individual Townhome Lot conveyed therewith
and upon which located.
“Townhome Association” means an association of owners established pursuant to a Townhome Declaration for the
purpose of: (i) assessing, collecting and expending assessments relating a Townhome Development; (ii) fulfilling the
maintenance obligations relating a Townhome Development; and (iii) performing such other management and
administrative tasks as may be required in connection with the Limited Common Areas of a Townhome Development.
“Townhome Declaration” means a Supplemental Declaration for a Townhome Development which will be recorded
with the Recorder of Hamilton County, Indiana.
“Townhome Development” means project within the Property for the development of Townhome Units, including all
buildings, improvements and appurtenances appurtenant easements and related recreational facilities.
“Townhome Lot” means a Lot which is used or intended to be used primarily for residential purposes except where
the Lot is improved by the construction thereon of a Townhome.
“Unit” means any Residential Unit or Nonresidential Unit, including a Condominium or Townhome, and “Units”
means all Residential Units and Nonresidential Units, including all Condominiums and Townhomes.
“Valuation Factor” means Master Developer’s good faith estimate of a quantitative indicator of the extent or degree
of the assumed demand of a Lot or Unit (including a Horizontal Property Regime) for services subject to the General
Assessment.
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“Valuation Table” means the table attached hereto and incorporated herein by reference as Exhibit “G” which may,
from time to time, be modified, amended and revised by the Master Developer in the Master Developer’s discretion,
for any reason including, without limitation, in order to address the characteristics and impact of any Additional Real
Estate annexed to the Property and made subject to this Declaration per the terms of this Declaration.
“Zoning Authority” with respect to any action means _____________________, the _____________________ of
__________________, or, where he lacks the capacity to take action, or fails to take such action, the governmental
body or bodies, administrative or judicial, in which authority is vested under applicable law, or hear appeals from, or
review the action, or the failure to act, of the Director.
“Zoning Ordinance” means the ordinance adopted by _________________________, as Ordinance
__________________ establishing the District.
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EXHIBIT “D”
PLAN OF DEVELOPMENT
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EXHIBIT “E”
NORTH END
[Attached as Supplemental Declaration
of Covenants and Restrictions of North End]
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EXHIBIT “F”
DESIGN STANDARDS
Abbreviated Design Guidelines by Phase
To help ensure compatibility of design and preserve the values of the investments of all lot
owners, Old Town Companies L.L.C. has recorded Covenants that establish minimum standards of
design and construction. In order to make the requirements and review process as clear as possible, The
North End Design Guidelines were created. Below is a summary of architectural requirements set forth in
the Design Guidelines. Please refer to the original documents for complete details and descriptions of the
requirements.
North End Architectural Control Committee
The North End Architectural Control Board has been established to review all plans prior to
construction of any home or site improvements. Prior to applying for a building permit, submittal sheets
and two full sets of plans shall be submitted for approval. Plan sets shall include: plat plan, floor plans,
and elevations. Exterior colors and landscape plans shall be submitted within 60 days of construction
start and prior to installation. Please see the Design Guidelines for a complete list of the review process
details.
Phasing Plan
Phase Description Building Type
1 This phase is designed to transition from higher densities
and larger scaled building massing to the east and north
into the residential uses of the North End PD. The building
types in phase one will consist of single family, townhouse,
apartment, condominium, and flexible retail/office
commercial space.
Single Family House
Town House
Condominium
Apartment
Commercial
Mixed Use
2 This phase is designed primarily for single family
residential building types.
Single Family House
Town House
3 This phase is designed as a transition area from the
Discovery Park District commercial uses east of Airport
Road into the North End PD. Phase three consists
primarily of single family and townhome residential uses
with the possibility of flex retail/office uses on the first
levels of buildings.
Single Family House
Town House
Condominium
Apartment
Commercial
Civic
Mixed Use
4 This phase consists primarily of single family and
townhome residential building types.
Single Family House
Town House
5 Phase five consists of the primary neighborhood amenity
location.
Amenity Center
6 This phase consists primarily of single family and
townhome residential building types.
Single Family House
Town House
7 This phase is anticipated to provide housing options for
seniors in the community and may include a full spectrum
Single Family House
Town House
Condominium
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of housing types from independent living units to skilled
nursing facilities.
Apartment
Commercial
Civic
8 This phase is planned for civic uses such as an
educational facility but may include residential uses if
appropriate.
Commercial
Civic
Minimum Dwelling Sizes
Single-Family Detached: One story 1,200 square feet
Single-Family Detached: Two story 1,600 square feet
Townhome Attached: 1,200 square feet
Condominium Attached: 900 square feet
Minimum Single-Family Detached Home Placement
Front & Side Loading
Lots
Rear Loading Lots
Lot/parcel area 5,000 sf 4,500 sf
Lot/parcel frontage on street or common area 35’ 35’
Front yard setback lines (corner lots - 1 front yard & 1
side yard)
15’ 10’
Side yard setback lines 3’ 3’
Distance between detached dwellings 8’ 8’
Rear yard setback lines 20’ 10’ from ROW or
private alley
Lot width at building line 60’ 45’
Maximum building height 35’ 35’
Maximum lot coverage 55% 55%
Townhome / Condo Placement
Front yard setback (adjacent to public right of way): 5’
Side yard setback: 5’ / minimum of 10’ between structures
Rear yard setback: 5’ / minimum of 10’ between structures
Maximum building height: 45’ townhomes / 55’ condos
Maximum above grade stories: 3-townhomes / 4-condos
Exterior Materials & Design
All homes shall generally have a minimum of concrete siding and masonry, drivet, wood or wood
equivalent on all sides of the first floor, exposed foundation walls, and exterior fireplaces. No vinyl or
aluminum siding will be permitted. All exterior colors must be submitted for approval prior to their
placement on the home.
Landscaping
All landscaping plans visible from the street must be submitted for approval and shall have a minimum
wholesale material cost of $6,000 (excluding lawn treatments) and meet the following guidelines:
Front and side yards to the back corners of the dwelling shall be sodded, hydro-seeded grass, or
equivalent and have an in-ground irrigation system.
Street trees shall generally be installed every 50’ of the type and location denoted by developer per
master plan.
Sod or hydro-seeded grass to be installed in the right of way in front of each lot by Owner.
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Plant materials shall be of the type listed in the Design Guidelines unless specifically approved, and shall
generally consist of the following at a minimum:
Four shrubs, minimum 18” in height
One Shade Tree exclusive of street trees, minimum 2.5” caliper
Two evergreen trees (minimum 6’ height) and/or ornamental trees, minimum 1.5” caliper
General Requirements
Garages shall be a minimum of 2-car design.
Primary roofs shall generally have minimum pitches of 6/12.
Windows shall generally be casement or double hung wood clad.
Sidewalks must be installed by builder in accordance with development plans and to West Lafayette
standards.
Mailboxes shall be purchased from developer’s representative and costs will be collected at closing.
Dawn to dusk coach lights shall be required.
Pre-construction meeting with the developer is required prior to any construction or clearing.
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EXHIBIT “G”
VALUATION TABLE
A. Valuation Factor Chart – The following Valuation Chart is subject to change by the Master Developer, and
may be amended by the Master Developer, from time to time, in the Master Developer’s discretion.
Land Use
Valuation
Factor (the
“VF”) per
Unit of
Measure
Unit
of
Measure
Assigned
Vote
General Assessment
for Calendar Year
2021
Residential
Lots in North End 1 / Unit / Unit
Towns at North End 1 / Unit / Unit
North End Apartments – Phase I / Acre
North End Apartments – Phase II 55 / Acre
B. Assessments per VF – The General Assessment is based upon this Valuation Table. The General Assessment
for each Lot within any part of the Additional Real Estate which is annexed and made subject to the
Declaration shall be subsequently determined by the Master Developer, in the Master Developer’s discretion,
shall be specified in the Supplemental Declaration applicable to such Additional Real Estate, and shall be
based in part upon the VF assigned to such Owner.
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EXHIBIT “H”
NORTH END APARTMENTS – PHASE I
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EXHIBIT “I”
NORTH END APARTMENTS – PHASE II
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EXHIBIT “J”
TOWNS AT NORTH END
[Attached as Supplemental Declaration
of Covenants and Restrictions of Towns at North End]
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