Loading...
HomeMy WebLinkAboutSupplemental Declaration - Single Family (1)1 SUPPLEMENTAL DECLARATION OF COVENANTS AND RESTRICTIONS OF NORTH END THIS SUPPLEMENTAL DECLARATION OF COVENANTS AND RESTRICTIONS OF NORTH END (this “Supplemental Declaration”), is made as of the ____ day of ________, 2020, by NORTH END LAND DEVELOPMENT, LLC, an Indiana limited liability company (“Single Family Developer”). WITNESSES THAT: WHEREAS, the Supplemental Declarant 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 “Land”); WHEREAS, the word “Parcel” shall hereafter mean and refer to the Land; WHEREAS, this is a Supplemental Declaration as that term is defined in the Master Declaration of Covenants and Restrictions of North End recorded in the Office of the Recorder of Hamilton County, Indiana, on ____________, 20__, as Instrument No. _______________, as amended from time to time (the “Declaration”); and WHEREAS, the Supplemental Declarant intends to convey portions of the Parcel as Residential Lots to Single Family Developer for conveyance to Owners, upon each of which a detached Residential Unit and related improvements may be constructed. NOW, THEREFORE, Supplemental Declarant and Single Family Developer hereby make this Supplemental Declaration as follows: Section 1. Definitions. Words, phrases and terms that are defined in the Declaration have the same meaning in this Supplemental Declaration except as herein otherwise provided. In addition to other words and terms defined throughout this Supplemental Declaration, the following words, phrases and terms, as used in this Supplemental Declaration, unless the context clearly requires otherwise, mean the following: “Architectural Control Assessment” means an Assessment made pursuant to Section 6 (D) of this Supplemental Declaration. “Development Standards and Architectural Control Committee” means that entity established pursuant to Section 7 of this Supplemental Declaration. “Environmental Laws” means all federal, state and municipal laws, ordinances, rules and regulations applicable to the environmental and ecological condition of a Residential Lot, including, without limitation, the Federal Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended; the Federal Resource Conservation and Recovery Act; the Federal Toxic Substance Control Act; the Clean Air Act; the Clean Water Act; the rules and regulations of the Federal Environmental 03/31/21 2 Protection Agency, or any other federal, state or municipal or governmental board or entity having jurisdiction over the Residential Lot. “Hazardous Substances” means (1) those substances included within the definitions of “hazardous substances,” “hazardous materials,” “toxic substances,” “solid waste” or “infectious waste” in any of the Environmental Laws; and (2) such other substances, materials and wastes which are or become regulated under applicable local, state or federal law, or which are classified as hazardous, toxic or infectious under present or future Environmental Laws or other federal, state, or local laws or regulations. “Limited Common Area” means only that Limited Common Area (including, without limitation, Private Streets) located in the Parcel and identified or designated as a Limited Common Area by Supplemental Declarant and Single Family Developer in compliance with the Declaration. “Limited Common Facilities” means (i) all improvements located in a Limited Common Area including, without limitation, Paths, Common Lighting, Site Furniture and Fixtures, bicycle racks, walls, fences and landscaping, and (ii) Site Furniture and Facilities , Entry Ways, Street Trees, street lights, signs, turf bicycle racks and any and all infrastructure not maintained by the City of Carmel, Indiana, all as determined as provided in the Declaration. “Member” means a member of the Supplemental Association. “Mortgagee” means the holder of a first mortgage interest on a Residential Lot. “Parcel Applicable Date” means the earlier of (i) the date that Single Family Developer has voluntarily relinquished its rights under this Supplemental Declaration, as established in a written notice by Single Family Developer to the Supplemental Association, or (ii) the date neither Supplemental Declarant nor Single Family Developer own any Residential Lots in the Parcel. “Residential Lot Development Plan” means a Lot Development Plan for the construction of a Residential Unit and related improvements on a Residential Lot. “Supplemental Articles” means the Articles of Incorporation of the Supplemental Association, as amended from time to time. “Supplemental Association’s Annual Operating Deficit” means the cost of satisfying the Supplemental Association’s Obligations, on an annual basis, as determined by the Supplemental Board in its discretion, less the total of the Parcel General Assessment owed by all Owners other than the Supplemental Declarant, Single Family Developer or a Designated Builder. “Supplemental Association” means The North End Owners’ Supplemental Association, Inc., an Indiana nonprofit corporation. 03/31/21 3 “Supplemental Association’s Annual Budget” means the annual amount, estimated by the Supplemental Board in its discretion, sufficient to meet the obligations imposed by the Declaration and the Supplemental Association’s Obligations. “Supplemental Association’s Obligations” means the Maintenance Costs of the Limited Common Areas, Limited Common Facilities, Private Streets and, as determined by the Supplemental Board, insurance, trash removal, snow removal, and other costs incurred to operate the Supplemental Association. “Supplemental Building Guidelines” means architectural, landscaping, lighting, fencing, recreational facility and signage design guidelines, standards and requirements for Building Activity on the Parcel that may be mutually adopted by Supplemental Declarant and Single Family Developer. “Supplemental Board” means the Board of Directors of the Supplemental Association, which, prior to the Parcel Applicable Date, shall be selected by Single Family Developer and, following the Parcel Applicable Date, shall be determined in accordance with the Supplemental By-Laws. “Supplemental By-Laws” means the By-laws of the Supplemental Association, as amended from time to time. Section 2. Additions to and Withdrawals from Parcel. As of the date of the execution of this Supplemental Declaration, the Parcel consists of the Land. Additional Land shall be added to the Parcel only upon the mutual agreement of Supplemental Declarant and Single Family Developer. Any portion of Additional Land added to the Parcel shall become a part of the Parcel and subject in all respects to this Supplemental Declaration and all rights, obligations, and privileges herein, when Supplemental Declarant places of record in Hamilton County, Indiana an instrument so declaring the same to be part of the Parcel, which instrument may be a declaration of annexation contained in a Plat, a statement in a plat that the Residential Lots and Common Areas therein are subject to the Supplemental Declaration or an amendment or supplement to this Supplemental Declaration. Upon recording of any such instrument on or before the Parcel Applicable Date, the real estate described therein shall, for all purposes, thereafter be deemed a part of the Parcel and the Owners of any Residential 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 Residential Lots within the Parcel. Except as otherwise provided in this Supplemental Declaration, no portion of the Land or any Additional Land added to the Parcel as provided above shall be withdrawn from the Parcel except upon the mutual agreement of Supplemental Declarant and Single Family Developer. Section 3. Supplemental Declaration. Supplemental Declarant hereby declares, and Single Family Developer agrees, that, in addition to the covenants, restrictions, easements, charges and liens imposed by the Declaration, the Parcel shall be held, transferred, sold, conveyed and occupied subject as well to the covenants, restrictions, easements, charges and liens set forth in this Supplemental Declaration. Section 4. Dedicated Streets; Private Streets; Snow Removal; Trash Removal. 03/31/21 4 A. Dedicated Streets. The streets and alleys shown on the Plat as public rights-of-way shall be dedicated to the City of Carmel, Indiana for public use. Any streets and alleys dedicated for public use but which have not been accepted for maintenance by the City of Carmel, Indiana shall be maintained by the Supplemental Association in the same manner as Private Streets pursuant to this Supplemental Declaration. B. Maintenance of Private Streets. Each Private Street shall be maintained by the Supplemental Association in good condition satisfactory for the purpose for which it was constructed. The Maintenance Costs incurred by the Supplemental Association in maintaining a Private Street shall be assessed as a Parcel General Assessment against all Residential Lots (other than Residential Lots owned by Supplemental Declarant, Single Family Developer or any Designated Builder), whose means of vehicular access to a public right-of-way, as reasonably determined by the Supplemental Board, is over and across such Private Street. C. Snow Removal. The Supplemental Association shall cause snow to be removed from Private Streets, alleys, public rights-of-way, and the costs thereof shall be Maintenance Costs and assessed as a Parcel General Assessment against all Residential Lots which derive a substantial benefit therefrom, as determined by the Supplemental Board in its discretion. D. Trash Removal. In the discretion of the Supplemental Board, the Supplemental Association may, but shall not be obligated to, provide for uniform trash removal and the maintenance of trash receptacles, and the costs thereof shall be Maintenance Costs included in the Parcel General Assessment, and assessed against all Residential Lots which derive a substantial benefit therefrom as determined by the Supplemental Board in its discretion. E. Conveyance of Title. Supplemental Declarant may, at its election, retain the legal title to the Limited Common Areas until the Parcel Applicable Date or convey them to the Supplemental Association, but notwithstanding any provision herein the Supplemental Declarant hereby covenants that it shall, not later than the Parcel Applicable Date, convey by quitclaim deed to the Supplemental Association such Limited Common Areas. Section 5. The North End Owners Supplemental Association, Inc. A. Membership. Each Owner shall automatically be a Member of the Supplemental Association and shall enjoy the privileges and be bound by the obligations contained in the Supplemental Articles and Supplemental By-Laws. If a Person would realize upon his security and become an Owner, such Person shall then be subject to all the requirements and limitations imposed by this Supplemental Declaration on other Owners, including those provisions with respect to the payment of Supplemental Assessments. B. Powers. The Supplemental Association is a Supplemental Association under the Declaration and, subject to the Declaration, shall have such 03/31/21 5 powers as are set forth in the Declaration, this Supplemental Declaration and in the Supplemental Articles, and Supplemental By-Laws together with all other powers that belong to it by law. C. Classes of Members. The Supplemental Association shall have a single class of Members. D. Voting and Other Rights of Members. The voting and other rights of Members shall be as specified in the Supplemental Articles and Supplemental By-Laws. E. Maintenance Standards. The Supplemental Association shall maintain the Limited Common Area and the Limited Common Facilities in good condition, order and repair substantially comparable to its condition when originally constructed, installed or planted and comparable in appearance and utility with a first-class mixed-use development. Grass, trees, shrubs and other plantings located on the Limited Common Area may 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 mixed-use development. F. Insurance, Taxes, and Utilities. The Supplemental Association shall maintain public liability and casualty insurance in prudent amounts insuring against risk of loss to the Supplemental Association on account of injury to person or property and damage to property owned by the Supplemental Association, shall maintain errors and omissions insurance covering its officers and directors, and shall pay all taxes assessed against such property and all utility charges incurred with respect to the Limited Common Area. G. Limitations on Action by the Supplemental Association. Unless Supplemental Declarant and at least two-thirds (2/3) of the Members have given their prior written approval, a permitted Title Holder, the Supplemental Board and the Owners may not: (i) except as authorized by Section 17(A)of the Declaration (but subject to the limitations of Section 17(A) of the Declaration), by act or omission seek to abandon, partition, subdivide, encumber, sell or transfer the Limited Common Area (but the granting of easements for public utilities or other public purposes consistent with the intended use of the Limited 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 Limited Common Area and Limited 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); or (iii) use hazard insurance proceeds for losses to any Limited Common Area or Limited Common Facilities for other than the repair, replacement or reconstruction of the Limited Common Area or Limited Common Facilities. H. Mergers. Upon a merger or consolidation of another corporation with the Supplemental Association, 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, 03/31/21 6 rights and obligations of another corporation may by operation of law be added to the properties, rights and obligations of the Supplemental Association as a surviving corporation pursuant to a merger. The surviving or consolidated corporation may administer the covenants and restrictions established by this Supplemental Declaration within the Parcel 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 Supplemental Declaration within the Parcel except as herein provided. Section 6. Assessments. A. Creation of the Lien and Personal Obligation of Assessments. Each Owner (other than Supplemental Declarant, Single Family Developer and Designated Builders) of any Residential Lot by acceptance of a deed thereto, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Supplemental Association (i) Parcel General Assessments, (ii) Architectural Control Assessments (to the extent levied); and (iii) Special Assessments, such Assessments to be established and collected as hereinafter provided (collectively the “Parcel Assessments”). The Parcel Assessments described in the preceding sentence along with all other Assessments specified in this Supplemental Declaration, are in addition to Assessments imposed under the Declaration and unless and until otherwise directed in writing by the Master Board, the Supplemental Association shall be responsible not only for collecting all Assessments specified in this Supplemental Declaration, but also for collecting the General Assessment. If two (2) or more Residential Lots originally shown on a Plat are consolidated as a single Residential Lot by virtue of partial vacation of a Plat, then in such event, the consolidated Residential Lot shall continue to be treated as the number of Residential Lot(s) that existed prior to such consolidation for purposes of Assessment under this Section 6. All Parcel 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 Residential Lot against which each Parcel Assessment is made until paid in full and such lien may be foreclosed as mortgages are foreclosed in the State of Indiana. The Supplemental Board is hereby fully authorized to record with the Recorder of Hamilton County, Indiana, a written instrument evidencing the lien, against the applicable Residential Lot, for any delinquent assessments. Each Parcel 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 Residential Lot at the time when the Parcel Assessment became due. B. Parcel General Assessment. 1. Purpose of Assessment. The Parcel General Assessment levied by the Supplemental Association shall be used exclusively (i) to promote the health, safety, and welfare of the Owners of Residential Lots and 03/31/21 7 Occupants of Residential Units in the Parcel, (ii) for the improvement, maintenance, repair, replacement and operation of the Limited Common Area and (iii) to fulfill the Supplemental Association’s Obligations. From time to time the Supplemental Board, in its discretion, may establish and maintain a reserve fund for replacements by the allocation from the Parcel General Assessment and the payment to such reserve fund of an amount determined annually by the Supplemental Board in its discretion to be sufficient to meet the cost of periodic significant capital repairs, renewals and replacements of the Association Property. 2. Parcel General Assessment. The Parcel General Assessment is distinct from the General Assessment under the Declaration and shall be established annually by the Supplemental Board by a vote of a majority of the Supplemental Board who are voting in person at a meeting of the Supplemental Board duly called for this purpose. The Parcel General Assessment shall be subject to any limitations set forth in the Declaration. 3. Change in Basis. The basis for the Parcel General Assessment may be changed by a vote of a majority of the Supplemental Board who are voting in person at a meeting of the Supplemental Board duly called for this purpose, subject to any limitations set forth in the Declaration. 4. Method of Assessment. By a vote of a majority of the Supplemental Board, the Supplemental Board shall, on the basis specified above, fix the Parcel General Assessment for each assessment year of the Supplemental Association at an amount sufficient to meet the Supplemental Association’s Annual Budget. The Supplemental Board shall establish the date(s) and frequencies the Parcel General Assessment shall become due, and the manner in which it shall be paid. 5. Commencement of Parcel General Assessment. The Parcel General Assessment for each Residential Lot subject to assessment 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 Residential Lot and (ii) the date on which the Supplemental Declarant, Single Family Developer and/or a Designated Builder conveys such Residential Lot to an Owner other than Supplemental Declarant, Single Family Developer or a Designated Builder. 7. Allocation of Parcel General Assessment. Unless otherwise expressly provided in this Supplemental Declaration, the Parcel General Assessment shall be allocated, in the discretion of the Supplemental Board, among all Owners (other than the Supplemental Declarant, Single Family Developer and Designated Builders); provided, however, that notwithstanding anything to the contrary in this Supplemental Declaration, with respect to Residential Lots titled in the name of the Supplemental Declarant and the Designated Builders, Single Family Developer in Single Family Developer’s discretion, may elect on a year-to-year basis to pay 03/31/21 8 either (i) the Parcel General Assessment or (ii) the Supplemental Association Annual Operating Deficit. C. Real Estate Subsequently Annexed. As part or all of the Additional Land is annexed to the Parcel and made subject to this Supplemental Declaration per the terms of this Supplemental Declaration, the Supplemental Board in its discretion shall determine the manner and amount in which such Additional Land shall be assessed with the Parcel General Assessment. In determining the manner in which such Additional Land shall be so assessed, the Supplemental Board may consider any and all factors deemed relevant by the Supplemental Board, and the extent to which the Owners and Occupants of Additional Land, once developed, will use the Limited Common Areas and Private Streets. D. Architectural Control Assessment. If any Owner or Person acting for and on behalf of, or pursuant to the authorization or acquiescence of, an Owner fails to comply with the Design Standards or Supplemental Building Guidelines or other requirements for construction of improvements, landscaping, lighting, signage and other Building Activities or maintenance of a Residential Lot (including but not limited to the filing of a Residential Lot Development Plan) or any other Restriction set forth in this Supplemental Declaration, then the Supplemental Association may, upon not less than thirty (30) days prior written notice to the Owners of such Residential Lot at the address for mailing of real property tax statements, levy against the Residential Lot owned by such Owner an Architectural Control Assessment in an amount determined by the Supplemental Board which does not exceed $1,000.00 for each day that such failure continues after written notice thereof is given by Supplemental Declarant or the Supplemental Association to such Owner. Such Architectural Control Assessment shall constitute a lien upon the Residential Lot of such Owner and may be enforced in the manner provided in Section 6 (F) below. The levy of an Architectural Control Assessments shall be in addition to, and not in lieu of, any other remedies available to Supplemental Declarant, the Corporation and/or the Supplemental Association provided in the Declaration or this Supplemental Declaration, at law or in equity in the case of the failure of an Owner to comply with the provisions of the Declaration, a Supplemental Declaration, or the Supplemental Building Guidelines. The foregoing shall be in addition to, not in lieu of, Supplemental Declarant’s and Single Family Developer’s rights to compel compliance with the Design Standards or Supplemental Building Guidelines and other requirements for construction of improvements, landscaping, lighting, signage and other Building Activities or maintenance of a Residential Lot (including but not limited to the filing of a Residential Lot Development Plan) and any other Restriction set forth in this Supplemental Declaration through injunctive relief. E. Special Assessments. Subject to limitations on increases to the Parcel General Assessment specified above, in the event the Parcel General Assessment for any calendar year after the applicable date is inadequate to cover the costs incurred by the Supplemental Association for the purposes set forth in Section 6(B) hereof in such calendar year, the Supplemental Board in its discretion may levy upon all Owners, other than Supplemental Declarant, Single Family Developer and Designated Builders, as a Special Assessment an Assessment to cure 03/31/21 9 such inadequacy. Such Special Assessment shall be allocated among the Owners , other than Supplemental Declarant, Single Family Developer and Designated Builders, in the same manner as the Parcel General Assessment is allocated among Owners. F. Capital Assessment. The Supplemental Board, in its discretion, may levy in any calendar year a Capital Assessment applicable to that year and not more than in the next four (4) 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 Limited Common Area, including fixtures and personal property relating thereto or any Limited Common Facilities, provided that any such Capital Assessment shall have the assent of a majority of the votes of the Owners whose Residential 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 6(F) shall be allocated ratably among Residential Lots subject thereto. Supplemental Declarant, Single Family Developer and Designated Builders shall not be subject to Capital Assessments. G. Violation Assessment. In addition to all other assessments as be authorized herein, the Supplemental Board may levy a Violation Assessment to an owner, (i) for a violation against this Supplemental Declaration or (ii) for damages if any portion of the Limited Common Area that the Supplemental 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 invite. In the event of such damage, the Supplemental 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 Supplemental Board. Supplemental Declarant, Single Family Developer and Designated Builders shall not be subject to Violations Assessments. H. Effect of Nonpayment of Assessments; Remedies of the Supplemental Association. Any Assessment not paid within thirty (30) days after the due date may upon resolution of the Supplemental 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 Supplemental Board for each assessment year. The Supplemental Association shall be entitled to institute in any court of competent jurisdiction any lawful action to collect a delinquent Assessment plus any expenses or costs, including attorney’s fees, incurred by the Supplemental Association in collecting such Assessment. If the Supplemental Association has provided for collection of any Assessment in installments, upon default in the payment of any one or more installments, the Supplemental Association 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 Limited Common Area or by abandonment of its Residential Lot. I. Subordination of the Lien to Mortgages. To the extent specified herein, the lien of the Parcel General Assessments provided for herein against a 03/31/21 10 Residential Lot shall be subordinate to the lien of any recorded first mortgage covering such Residential Lot and to any valid tax or special assessment lien on such Residential Lot in favor of any governmental taxing or assessing authority. Sale or transfer of any Residential Lot shall not affect the lien of any Parcel General Assessment. The sale or transfer of any Residential Lot pursuant to mortgage foreclosure or any proceeding in lieu thereof shall, however, extinguish the lien of such Parcel General Assessment as to payments which became due more than six (6) months prior to such sale or transfer. No sale or transfer shall relieve such Residential Lot from liability for any Parcel General Assessments thereafter becoming due or from the lien thereof. J. Certificates. The Supplemental Association shall, upon demand by an Owner, at any time, furnish a certificate in writing signed by an officer of the Supplemental Association that the Parcel General Assessments by the Supplemental Association on a Residential Lot have been paid or that certain of such Parcel General Assessments remain unpaid, as the case may be. K. Supplemental Association’s Annual Budget. By a majority vote of the Supplemental Board, the Supplemental Board shall adopt an annual budget for the subsequent fiscal year, which shall provide for allocation of expenses in such a manner that the obligations imposed on the Supplemental Association by the Declaration and this Supplemental Declaration will be met. Section 7. Architectural Control and Construction. A. The Development Standards and Architectural Control Committee. A Development Standards and Architectural Control Committee consisting of at least three (3) members shall be established by the Supplemental Board. Prior to the Parcel Applicable Date the members of the Development Standards and Architectural Control Committee shall be appointed, removed and replaced by Single Family Developer in its discretion. After the Parcel Applicable Date, the members of the Development Standards and Architectural Control Committee shall be appointed, removed and replaced by the Supplemental Board in its discretion. B. Purpose. The Development Standards and Architectural Control Committee shall regulate the external design, appearance, use, size, location and maintenance of the Parcel and of all improvements thereon in such manner as to preserve and enhance values, to maintain a harmonious relationship among Residential Units, improvements and the natural vegetation and topography in compliance with the Design Standards and with the Supplemental Building Guidelines established by Supplemental Declarant and Single Family Developer for the Parcel. The Development Standards and Architectural Control Committee shall not deviate from the Design Standards or the Supplemental Building Guidelines without the prior approval of Supplemental Declarant and Single Family Developer. Supplemental Declarant shall be entitled to injunctive relieve to enforce the Development Standards and Architectural Control Committee’s compliance with the Design Standards and Supplemental Building Guidelines, together with any other remedy that may be available at law or in equity. 03/31/21 11 C. Building Activity. Except as otherwise expressly provided in this Supplemental Declaration, no improvements, Structures, alterations, repairs, change of colors, excavations, changes in grade, planting, installation or modification of signage, advertising or other work that in any way alters any Residential Lot or the exterior of the improvements located thereon from its natural or improved state existing on the date such Residential Lot was first conveyed in fee by Supplemental Declarant to Single Family Developer or another Owner including, but not limited to, (i) construction, erection or alteration of any Residential Unit, Structure, other building, fixture, equipment, fence, wall, parking area, or other Structure on a Residential Lot or (ii) any plantings, other landscaping or exterior lighting on a Residential Lot, or (iii) the installation or alteration of any signage on any Residential Lot or Residential Unit, shall be made or done without the prior approval of the Development Standards and Architectural Control Committee of a Residential Lot Development Plan therefore that complies in all respects with the Design Standards or the Supplemental Building Guidelines. In no event shall the Development Standards and Architectural Control Committee approve a Residential Lot Development Plan that deviates from the Design Standards or the Supplemental Building Guidelines without the prior written approval of Supplemental Declarant. Prior to commencement by any Owner, a Residential Lot Development Plan with respect thereto shall be submitted to the Development Standards and Architectural Control Committee, and no Building Activity shall be commenced or continued by any Person without the prior written approval of the Development Standards and Architectural Control Committee of a Residential Lot Development Plan relating to such Building Activity. Such approval shall be in addition to, and not in lieu of, all approvals, consents, permits and/or variances required by law from governmental authorities having jurisdiction over the Parcel, and no Owner shall undertake any Building Activity within the Parcel unless all legal requirements have been satisfied. Approval by the Development Standards and Architectural Control Committee of a Residential Lot Development Plan shall not be deemed to imply compliance with approvals, consents, permits and/or variances required by law from governmental authorities having jurisdiction over the Parcel. Each Owner shall complete all improvements to a Residential Lot strictly in accordance with the Residential Lot Development Plan approved by the Development Standards and Architectural Control Committee. As used in this Section 7 (C), “plantings” does not include flowers, bushes, shrubs or other plants having a height of less than eighteen (18) inches. D. Procedures. In the event the Development Standards and Architectural Control Committee fails to approve, modify or disapprove in writing a Residential Lot Development Plan within sixty (60) days after notice of such plan has been duly filed with the Development Standards and Architectural Control Committee in accordance with procedures established by Supplemental Declarant, the Residential Lot Development Plan shall be deemed denied. A decision of the Development Standards and Architectural Control Committee (including a denial resulting from the failure of such Development Standards and Architectural Control Committee to act on the plan within the specified period) may be appealed to the Supplemental Board which may reverse or modify such decision (including approving a Residential Lot Development Plan deemed denied by the failure of the Development Standards and Architectural Control Committee to act on such plan 03/31/21 12 within the specified period) by a majority vote of the Supplemental Board. Notwithstanding anything in this Supplemental Declaration to the contrary, in no event shall the Development Standards and Architectural Control Committee deviate from the Design Standards and the Supplemental Building Guidelines without the prior written approval of Supplemental Declarant. The Development Standards and Architectural Control Committee shall make all Residential Lot Improvement Plans approved by it available to Supplemental Declarant upon request. E. Building Requirements and Guidelines. Improvements on Residential Lots in the Parcel shall at all times comply with the Design Standards and any Supplemental Building Guidelines adopted by the Supplemental Declarant and Single Family Developer. The Development Standards and Architectural Control Committee shall apply the Design Standards and any Supplemental Building Guidelines and shall not deviate from the Design Standards or Supplemental Building Guidelines without the prior written consent of Supplemental Declarant. The Supplemental Board shall not have the power to terminate or modify the Design Standards or Supplemental Building Guidelines without the prior written approval of the Supplemental Declarant. The Supplemental Building Guidelines may establish different standards and requirements for various Residential Lots in the Parcel based on the size, location and use of such Residential Lots and the improvements to be located thereon. F. Application of Guidelines and Standards. The Development Standards and Architectural Control Committee shall apply the Design Standards and the Supplemental Building Guidelines in a fair, uniform and reasonable manner consistent in the design review process. In disapproving any Residential Lot Development Plan, the Development Standards and Architectural Control Committee shall furnish the applicant with specific reasons for such disapproval and may suggest modifications to such plan which would render the plan acceptable to the Development Standards and Architectural Control Committee if resubmitted. Notwithstanding the foregoing, the Development Standards and Architectural Control Committee shall have the right to disapprove any signage which in its absolute unfettered discretion it deems inappropriate and such disapproval may be based mostly on aesthetic considerations. G. Design Consultants. The Development Standards and Architectural Control Committee may utilize the services of architects, engineers and other Persons possessing design expertise and experience in evaluating Residential Lot Development Plans. No presumption of any conflict of interest or impropriety shall be drawn or assumed by virtue of the fact that any of such consultants are affiliated with Supplemental Declarant or a Designated Builder or may, from time to time, represent Persons filing Residential Lot Development Plans with the Development Standards and Architectural Control Committee. H. Violations of Supplemental Declaration. The Development Standards and Architectural Control Committee shall not be required to consider any Residential Lot Development Plan submitted by an Owner who is, at the time of submission of such Residential Lot Development Plan, in violation of the 03/31/21 13 requirements of the Declaration, this Supplemental Declaration and/or the provisions of the Zoning Ordinance, unless such Owner submits to the Development Standards and Architectural Control Committee with such Residential Lot Development Plan an irrevocable agreement and undertaking (with such surety as the Supplemental Board may reasonably require) to remo ve from the Owner’s Residential Lot any improvements, landscaping, exterior lighting or signage constructed and/or installed prior to the submission of a Residential Lot Development Plan (or constructed and/or installed in violation of a previously approved Residential Lot Development Plan) to the extent any such previously constructed and/or installed improvement, landscaping, exterior lighting or signage is not subsequently approved by the Development Standards and Architectural Control Committee. The Development Standards and Architectural Control Committee shall have the power to recommend to the Supplemental Board that the Supplemental Association assess an Architectural Control Assessment against any owner who fails to comply with the requirements of this Supplemental Declaration, the Declaration, or the provisions of the Zoning Ordinance. Under no circumstance shall any action or inaction of the Development Standards and Architectural Control Committee be deemed to be unreasonable, arbitrary or capricious if, at the time of such decision, the Person having submitted a Residential Lot Development Plan for approval by the Development Standards and Architectural Control Committee has violated this Supplemental Declaration, the Declaration, or the provisions of the Zoning Ordinance and such violation remains uncured. I. Exercise of Discretion. Every Owner by the purchase of a Residential Lot shall be conclusively presumed to have consented to the exercise of discretion by the Development Standards and Architectural Control Committee. In any judicial proceeding challenging a determination by the Development Standards and Architectural Control Committee and in any action initiated to enforce this Supplemental Declaration to which an abuse of discretion by the Development Standards and Architectural Control Committee is raised as a defense, abuse of discretion may be established only if a reasonable Person, weighing the evidence and drawing all inferences in favor of the Development Standards and Architectural Control Committee, could only conclude that such determination constituted an abuse of discretion. J. Liability of Development Standards and Architectural Control Committee. Neither the Development Standards and Architectural Control Committee, nor any member or agent thereof, nor the Supplemental Declarant nor the Supplemental Board shall be responsible in any way for any defects in any plans, specifications or other materials submitted to it, nor for any defects in any work done according thereto. Further, the Development Standards and Architectural Control Committee does not make, and shall not be deemed by virtue of any action of approval or disapproval taken by it to have made, any representation or warranty as to (i) the suitability or advisability of the design, the engineering, the method of construction involved, or the materials to be used or (ii) compliance with any applicable laws, statutes, rules, regulations, including, without limitation, the ordinances of the Zoning Authority. Owners of Residential Lots, upon taking title, agree to waive all rights to oppose future zoning changes, special uses, special permits and other zoning related action pursuant to Indiana Code 03/31/21 14 Section 36-7-4-918.2 necessary to complete any future plans by Master Developer, Single Family Developer or Supplemental Declarant for expansion of the development within the Property whatsoever and related text amendments to the Zoning Ordinance. K. Construction. All Building Activity shall be undertaken and completed strictly in accordance with the Design Standards and the Supplemental Building Guidelines and the Residential Lot Development Plan approved by the Development Standards and Architectural Control Committee. Unless a delay is caused by strikes, war, court injunction, or acts of God, or unless the subject Owner has applied for and obtained from the Supplemental Declarant an extension of time which the Supplemental Declarant in its discretion may grant, the Owner (including, without limitation, Single Family Developer and any Designated Builder) of any Residential Lot which on the date of conveyance by Supplemental Declarant is not improved shall commence construction of such Residential Unit upon the Residential Lot within one (1) year from the date the Owner acquired title thereto and shall complete construction thereof within two (2) years after the date of commencement of the building process. Without limiting the foregoing, once commenced, all construction shall be diligently pursued to completion. If the Owner fails to commence or complete such construction within the time periods specified herein, or if the Owner should, without Supplemental Declarant’s written approval, sell, contract to sell, convey, or otherwise dispose of, or attempt to sell, convey or otherwise dispose of, the Residential Lot before completion of such construction then, in any of such events, Supplemental Declarant may: 1. Obtain injunctive relief to force the Owner to proceed with such construction; or, 2. Pursue such other remedies at law or in equity as may be available to Supplemental Declarant. L. The failure of the Owner of a Residential Lot to apply for approval of, or receive approval from, the Development Standards and Architectural Control Committee of a Residential Lot Development Plan shall not relieve such Owners from his obligation to complete such construction upon the Residential Lot within the time period specified herein. For the purposes of Section 7 (K), construction will be deemed “completed” when the exterior of the subject Structure (including but not limited to the foundation, walls, roof, windows, entry doors, gutters, downspouts, exterior trim, paved driveway, landscaping and yard light) has been completed in conformity with the Residential Lot Development Plan. M. Inspection. The Development Standards and Architectural Control Committee and Supplemental Declarant may inspect work being performed to assure compliance with this Supplemental Declaration. Either the Development Standards and Architectural Control Committee or Supplemental Declarant may require any work not consistent with the approved application to be stopped and removed or appropriately modified. 03/31/21 15 N. Development and Sale Period; Sales Offices and Models. Single Family Developer shall be entitled to construct, install, erect and maintain such facilities in compliance with applicable governmental requirements, upon portions of the Parcel approved by Supplemental Declarant as Single Family Developer may reasonably require to develop and sell Residential Lots and Residential Units on said Residential Lots; such facilities may include, subject to the approval of Supplemental Declarant, storage areas, signs, parking areas, model residences, construction offices, sale offices and business offices. Single Family Developer shall remove such facilities on or before the Parcel Applicable Date. All such facilities shall be maintained in good and slightly condition. No signage shall be placed on the Parcel without the prior approval of Supplemental Declarant. O. Single Family Developer Rights. Notwithstanding anything to the contrary in this Section 7, Single Family Developer shall have the right to establish Residential Lot Improvement Plans and to construct Residential Units and related improvement or landscaping on Residential Lots in compliance with such Residential Lot Improvement Plans without obtaining the approval of the Development Standards and Architectural Control Committee, provided that all such Residential Lot Improvement Pans and such Residential Units and related improvement or landscaping shall comply in all respects with the Design Standards and Supplemental Building Guidelines. Single Family Developer shall make all Residential Lot Improvement Plans developed by Single Family Developer available to Supplemental Declarant upon request. Supplemental Declarant shall be entitled to injunctive relieve to enforce Single Family Developer’s compliance with the Design Standards and Supplemental Building Guidelines, together with any other remedy that may be available at law or in equity. Section 8. Restrictions on Use. A. No Commercial Uses. No Owner or Occupant shall use any Residential Lot or Residential Unit for a commercial use, including, without limitation, retail use, without the prior approval of the Supplemental Board and Supplemental Declarant. B. Prohibited Uses. In no event shall any Residential Lot, Residential Unit or other Structure shall be used for any of the following uses or purposes: 1. any use which creates trespass against any adjoining Residential Lot; 2. any use which would create a substantial likelihood of waste to any Residential Lot or Limited Common Area; 3. any dangerous or unsafe use such as, for illustration purposes only, the use or storage of explosives; 4. any use which involved the generation, treatment, storage or disposal of Hazardous Substances in violation of Environmental Laws, or 03/31/21 16 which poses a substantial risk of release of any Hazardous Substances into the ground, air, surface, water, ground water or any other medium; 5. absent the prior granting by the City of a use variance or a text amendment to the Zoning Ordinance, any other use not permitted by the Zoning Ordinance; or 6. any open air decks separate from approved covered porches in the front yard of any Residential Lot. C. Change of Use. Without the prior approval of the Supplemental Board and Supplemental Declarant, which approval may be withheld in their sole and absolute discretion, no previously approved Structure shall be used for any purpose other than as a Residential Unit. D. Change of Zoning. No Owner shall seek a use variance or to rezone its Residential Lot or seek to modify or amend in any respect the zoning applicable to its Residential Lot without the prior written approval of the Supplemental Board and Supplemental Declarant. F. Temporary Structures. Subject to Section 7(N) of this Supplemental Declaration, no temporary Structures, including, without limitation, temporary Building, trailers or garages, or other temporary improvements shall be located, for any purpose, on any Residential Lot; provided, however, with the prior written consent of the Development Standards and Architectural Control Committee, which consent shall not be unreasonably withheld, a temporary “construction trailer” shall be allowed on a Residential Lot and occupied during a period of construction upon said Residential Lot. G. Leasing Limitations. All Residential Units are intended to be Owner occupied. No Residential Unit shall be rented or leased by its Owner, in part or in its entirety, without approval of the Supplemental Board and Supplemental Declarant; provided however, that if Supplemental Declarant is the Owner of such Residential Unit, no approval shall be required. If approval is given, the Owner of the Residential Lot shall notify the Supplemental Association in writing of the tenant's name and Residential Lot rented prior to execution of the relevant tenant lease or posting with any short-term rental site, including but not limited to AirBnB, VRBO, and similar services. H. Animals. No animals, insects, livestock or poultry of any description shall be raised, bred or kept on any Residential Lot, except that dogs, cats or other household pets may be kept, provided that they are not kept, bred or maintained for commercial purposes and do not unreasonably disturb other Owners or Occupants. I. Chimneys. In addition to any other requirements set forth in the Design Standards and Supplemental Building Guidelines and shall extend fully to the ground, and above the eaves if a bump out chimney only, if external. Direct vent fireplaces are not required to have a chimney. Chimney’s shall be made of 03/31/21 17 masonry or fiber-cement panels, or material with a similar, durable appearance, (does not include horizontal siding) subject to the approval of the Development Standards and Architectural Control Committee. All Chimneys must be capped. Section 9. Compliance by Occupants. Each Owner shall undertake reasonable efforts in good faith and with due diligence to cause Occupants of the Residential Unit on its Residential Lot to comply with the Declaration, this Supplemental Declaration and all applicable rules and regulations duly adopted by the Corporation, the Supplemental Association, Supplemental Declarant or the Development Standards and Architectural Control Committee. Section 10. Reserved. Section 11. Project Agreement Matters. Notwithstanding anything in this Declaration to the contrary, in the event Single Family Developer’s affiliate Old Town Companies, L.L.C. defaults beyond applicable cure periods under the terms of the Project Agreement (a “Project Agreement Default”), Supplemental Declarant shall be entitled, but not obligated, to assume all decisions making rights of Single Family Developer, the Supplemental Association, the Supplemental Board and the Development Standards and Architectural Control Committee pursuant to this Supplemental Declaration. Supplemental Declarant shall reflect such Project Agreement Default and assumption in a written amendment to this Supplemental Declaration, which amendment shall not require the approval of or execution by any Person other than Supplemental Declarant. Effective as of the recording of such amendment to this Supplemental Declaration, Single Family Developer shall have no further rights under this Supplemental Declaration, and all Owners shall be entitled to rely upon actions taken by Supplemental Declarant for all purposes under this Supplemental Declaration. Supplemental Declarant reserves the right to amend this Supplemental Declaration for the purposes of removing any portion of the Parcel, which has not yet been improved with Residential Units, from the coverage of this Supplemental Declaration following a Project Agreement Default. Such amendment shall not require the consent of any Person other than the Owner(s) of the property to be withdrawn, if not the Supplemental Declarant. If the property is Limited Common Area, the Supplemental Board shall consent to such withdrawal. Section 12. Insurance. Each Owner shall obtain and maintain, with respect to each Residential Units owned by Owner in the Parcel, insurance with respect to such attached Residential Unit insuring the full insurable value of such Residential Unit, the term “full insurable value” to mean the actual replacement cost of such construction and building equipment. This insurance required by this Section 1 2 shall be issued by a financially responsible insurer authorized to issue casualty insurance in the State of Indiana. At the request of the Supplemental Association, each Owner shall deliver to the Supplemental Association evidence of the maintenance of the insurance herein required. Each Owner and Occupant shall comply with all insurance requirements and shall not bring, keep or permit any condition to exist on the Residential Lot or in the Residential Unit which would be prohibited by an insurance requirement or would invalidate the insurance coverage required hereunder. Section 13. Maintenance, Repairs and Replacements. 03/31/21 18 A. Improvements. Each Owner shall, at its own expense, be responsible for the maintenance, repair, decoration and replacement of the Residential Unit and other Structures and improvements owned by it, and each such Owner shall promptly perform all maintenance and repair which, if neglected, might adversely affect the structural integrity or the exterior appearance thereof, including but not limited to painting of exterior wood surfaces and repairing on a regular basis of all other exterior painted surfaces. In the event that the maintenance or repair of any Residential Unit or other Structure or improvement is reasonably necessary in the discretion of the Supplemental Board or Supplemental Declarant to preserve the structural integrity or sightlines thereof, or is otherwise necessary for the health and safety, or in the interest of the general welfare, of the Owners of Residential Lots in the Parcel, the Supplemental Board and Supplemental Declarant each shall have the power but not the obligation to seek injunctive relief to compel compliance with this Restriction or the Supplemental Board or Supplemental Declarant, each in its discretion may undertake such maintenance or repair; provided that no such maintenance or repair shall be undertaken without a resolution of the Supplemental Board or Supplemental Declarant, as applicable, and reasonable written notice to the Owner and, provided further, that, if performed by or at the direction of the Supplemental Board, the cost thereof shall be assessed against the Residential Lot on which such maintenance or repair is performed and, when so assessed, a statement for the amount thereof shall be rendered promptly to the then Owner of said Residential Lot at which time the Assessment shall become due and payable and a continuing lien and obligation of said Owner in all respects as provided in Section 15 of the Declaration. If the maintenance or repair is performed by or at the direction of Supplemental Declarant, Supplemental Declarant shall have a continuing lien upon the applicable Residential Lot until such time as Supplemental Declarant has been reimbursed in full the cost of such maintenance or repair. B. Grounds. The Owner of each Residential Lot shall at his expense properly irrigate and keep the grass, trees, shrubs and other plantings located thereon or in a tree lawn adjacent thereto nourished and neatly cut (at least once a week during growing season), cultivated or trimmed as reasonably necessary to maintain the same at all times in a good and sightly condition appropriate to a first- class mixed-use development, including, without limitation, removing any deadwood from trees and shrubs and immediately replacing any dead tree, shrub, plant or ground cover. If such Owner fails to perform such maintenance, the Supplemental Association or Supplemental Declarant may undertake such maintenance. If the Supplemental Association performs such maintenance, it shall be entitled to assess the Maintenance Costs thereof as a Violation Assessment against the Residential Lot. If Supplemental Declarant performs such maintenance, Supplemental Declarant shall have a continuing lien upon the applicable Residential Lot until such time as Supplemental Declarant has been reimbursed in full the cost of the maintenance. In addition to the foregoing, the Supplemental Association and Supplemental Declarant may each seek injunctive relief to compel compliance with this Restriction. C. Parking Areas. Each Owner shall at Owner’s expense cause all driveways and parking areas on a Residential Lot to be maintained in good repair 03/31/21 19 and swept to the extent necessary to keep such areas clean of debris. If such Owner fails to perform such maintenance, the Supplemental Association or Supplemental Declarant may undertake such maintenance. If the Supplemental Association performs such maintenance, it shall be entitled to assess the Maintenance Costs thereof as a Violation Assessment against the Residential Lot. If Supplemental Declarant performs such maintenance, Supplemental Declarant shall have a continuing lien upon the applicable Residential Lot until such time as Supplemental Declarant has been reimbursed in full the cost of the maintenance. In addition to the foregoing, the Supplemental Association and Supplemental Declarant may each seek injunctive relief to compel compliance with this Restriction. D. Damage or Destruction. If a Structure located on a Residential Lot is damaged or destroyed as a consequence of fire, storm or other event (“Casualty”), then the Owner therefore may elect to restore, repair, replace and rebuild the portion thereof so damaged or destroyed as nearly as possible to its quality, utility, value, condition and character immediately prior to such Casualty. Such restoration shall be pursued promptly and with diligence and shall conform to the Residential Lot Development Plan originally approved for such building except to the extent that deviations therefrom have been approved in writing by the Development Standards and Architectural Control Committee. In the event the Owner elects not to repair or restore the building, it shall, as soon as practical after such Casualty, remove all debris from the Residential Lot and take such actions as are necessary to make the undamaged portion thereof into a functional economic unit insofar as it is possible under the circumstances. Areas of the Residential Lot previously occupied by a building damaged by Casualty and not restored shall be promptly landscaped in accordance with a landscaping plan approved by the Development Standards and Architectural Control Committee. Section 14. Vehicles. No boats or other watercraft, campers, recreational vehicles, trailers of any kind, buses, mobile homes, commercial vehicles or business trucks or vans, motorcycles, minibikes, or any other vehicles of any description (other than normal passenger vehicles consisting of (i) trucks with a maximum load capacity of three-quarters (3/4) of a ton or less, (ii) vans or (iii) automobiles), shall be permitted, parked or stored anywhere on any Residential Lot within the Parcel; provided, however, that nothing herein shall prevent the parking or storage of such vehicles completely enclosed within a garage and the driving or using of such vehicles solely for the purpose of ingress and egress to and from the Parcel provided the shortest route to and from a main thoroughfare outside the Parcel is used. No Owners or other Occupants shall repair or restore any vehicle of any kind outside of the Owner’s enclosed garage, or for emergency repairs outside and then only to the extent necessary to enable movement thereof to a proper repair facility. The repair, servicing or restoration of vehicles on a Residential Lot that is not owned by an Occupant of the Residential Unit is prohibited. "Commercial" vehicles as described hereinabove are defined as vehicles, regardless of size, on which commercial lettering or equipment is visible or vehicles which are larger than normally used for non-commercial purposes. No junk or derelict vehicle or other vehicle on which current registration plates are not displayed shall be kept within the Parcel. Driveways shall be limited to guests and temporary parking only and shall have no more than two (2) vehicles of any kind at any time. Vehicles parked in the driveway of a Residential Lot shall not obstruct any sidewalk. No vehicles of any kind shall be parked or stored overnight on any public street or Private 03/31/21 20 Street within the Parcel. Any vehicle in violation of this Section 14 shall be subject to being towed at the expense of the owner thereof at the discretion of the Supplemental Association or Supplemental Declarant. Section 15. Recreational Facilities. No swimming pool, basketball goal, tennis court or other outdoor recreational equipment or facility shall be located on a Residential Lot without the prior written approval of the Development Standards and Architectural Control Committee, which approval may be conditioned or denied in the unfettered discretion of the Development Standards and Architectural Control Committee Section 16. Garbage and Refuse Disposal. All facilities and equipment for the storage and disposal of rubbish, garbage or other waste shall be confined to a completely enclosed and gated Structure out of public view and shall be maintained in a clean and sanitary manner. All rubbish, trash and other waste shall be removed promptly from the Residential Lot. Section 17. Antennas and Receivers. No satellite receiver, down-link or antenna which is visible from a public way or from any other Residential Lot, and no satellite dish greater than eighteen (18) inches in diameter shall be located on any Residential Lot without the prior written consent of the Development Standards and Architectural Control Committee. To the extent not prohibited by regulations of the Federal Communications Commission, the Development Standards and Architectural Control Committee may refuse to approve any satellite dish which is visible from a public way. The Development Standards and Architectural Control Committee may establish Restrictions relating to the screening of satellite receivers, down-links and dishes and antennas. Section 18. Utilities. All utilities serving any building and other improvements located on the Parcel 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 Structures to be constructed on the Parcel, immediately adjacent to the locations where such underground utilities penetrate the ground. Section 19. General Community Rules. A. Binding Nature. Each Residential Lot shall be subject to the guidelines, rules, regulations and procedures adopted by the Corporation, the Supplemental Association or any instrumentality thereof in accordance with the authority granted by the Declaration and this Supplemental Declaration. Each Residential Lot may also be subject to rules and restrictions adopted by Supplemental Declarant. B. Rule-Making Authority. The Development Standards and Architectural Control Committee may adopt general rules and regulations relating to the use and enjoyment of the Parcel appropriate to the maintenance of the Parcel as a first-class residential development; provided, however, that such rules and regulations must be uniform and equally applicable to all Owners within the Parcel and shall be subject to the approval of Supplemental Declarant. Such general rules may be amended by a majority vote of the Development Standards and Architectural Control Committee. Subsequent to the Parcel Applicable Date, any 03/31/21 21 such amendment may be made only after a meeting of the Supplemental Board of which due notice to all affected Owners has been provided, and if such amendments are approved by a majority vote of the Supplemental Board. All general rules and any subsequent amendments thereto shall constitute Restrictions. Section 20. Aircraft Overflight. By acquiring title to a Residential Lot, each Owner acknowledges that all types of aircraft may travel in and through the airspace at a height or altitude of at least one hundred (100) feet above the surface of the Residential Lot. Said aircraft may cause noise, vibrations, fumes, deposits of dust, fuel particles (incidental to the normal operation of aircraft) and other effects associated with the normal operation of aircraft taking off, landing or operating in the vicinity of the Purdue University Airport. As used herein, the term “aircraft” shall mean any and all types of aircraft, whether now in existence or hereafter manufactured and developed, including but not limited to, jet, propeller-driven, civil, military or commercial aircraft; helicopters, regardless of existing or future noise levels, for the purpose of transporting persons or property through the air, by whoever owned or operated. Section 21. Taxes. Each Owner shall pay (or cause to be paid) before delinquency all real estate taxes and assessments (herein collectively “Taxes”) levied on its Residential Lot and the improvements situated thereon. Each Owner may, at its own cost and expense by appropriate proceeding, contest the validity, applicability and/or the amount of any Taxes. Nothing in this Section 21 shall require an Owner to pay any Taxes so long as it contests the validity, applicability or the amount thereof in good faith and so long as it does not allow the affected Residential Lot to be forfeited to the imposer of such Taxes as a result of its nonpayment. If an Owner fails to comply with this Section 21, the Supplemental Declarant or the Supplemental Association may pay the Taxes in question and, if it does, shall be entitled to prompt reimbursement from (but shall not be obligated to) the defaulting Owner for the sums so expended with interest thereon at the rate of ten percent (10%) per annum. Section 22. Nuisances. Each Owner and Occupant shall conduct themselves on the Parcel so that no nuisance will occur on the Owner’s or Occupant’s Residential Lot or any area adjacent thereto which may be subject to the control of such ‘Owner or Occupant and so that no other Owner or Occupant of a Residential Lot in the Parcel will be unreasonably disturbed or interfered with. No noxious or offensive activity shall be carried on upon any Residential Lot or Limited Common Area, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the single family community locate on the Parcel or to any other portions of the Property. No noise or sounds that would violate Indiana Code and/or the noise regulations as provided in any applicable local ordinances. Section 23. Security Operations. Each Owner and Occupant shall, at its expense, provide the security personnel and equipment it deems to be required for the protection of persons who, and property which, shall from time to time come or be upon the Residential Lot or Structure owned by such Owner or occupied by such Occupant. None of Declarant, the Supplemental Declarant, the Corporation or the Supplemental Association assumes any responsibility for, nor shall have any liability with respect to or as a consequence of, unlawful acts committed by Persons in, on or about the Parcel or the Limited Common 03/31/21 22 Area. Section 24. Environmental Matters. A. Compliance. Each Owner and Occupant, at its cost and expense, shall promptly comply with all Environmental Laws which impose any duty upon either of them with respect to the use, occupancy, maintenance or alteration of such Owner’s or Occupant’s Residential Lot and/or the Structure thereon. Each Owner and Occupant shall promptly comply with any notice from any source issued pursuant to Environmental Laws or with any notice from any insurance company pertaining to use, occupancy, maintenance or alteration of a Residential Lot or Structure thereon. B. Restrictions. No Owner or Occupant shall cause or permit to occur: 1. Any violation of Environmental Laws related to environmental conditions on, under, or about the Residential Lot 2. The use, generalization, release, manufacturer, refining, production, processing, storage or disposal of any Hazardous Substances on, under, or about the Residential Lot or a Structure thereon, or the transportation to or from the Residential Lot or any such Structure. 3. The installation of any underground storage tank or piping used for the storage or transport of any Hazardous Substance. C. Notices, Affidavits, Etc. An Owner shall immediately notify Supplemental Declarant and the Supplemental Association of (i) any violation by Owner or an Occupant, or their respective employees, agents, representatives, customers, invitees or contractors of Environmental Laws on, under or about the Residential Lot, or (ii) the presence or suspected presence of any Hazardous Substances on, under or about the Residential Lot and shall immediately deliver to Supplemental Declarant and the Supplemental Association any notice received from any source by any of them relating to (i) and (ii) above. D. Rights of Supplemental Declarant and the Supplemental Association. 1. Supplemental Declarant, the Supplemental Association and their respective agents shall have the right, but not the duty, upon advance notice (except in the case of emergency when no notice shall be required) to inspect a Residential Lot and all Structures thereon and conduct tests thereon at any time to determine whether or the extent to which there has been a violation of Environmental Laws or whether there are Hazardous Substances on, under or about the Residential Lot or any Structure thereon. In exercising their rights herein, Supplemental Declarant and the Supplemental Association must have a reasonable basis for concluding that there has been a violation of an Environmental Law and shall use reasonable efforts to minimize interference with the business being conducted on the 03/31/21 23 Residential Lot but neither Supplemental Declarant or the Supplemental Association (or their respective agents) shall be liable for any interference, loss, or damage of any property or business caused thereby. 2. If Supplemental Declarant, the Supplemental Association or any governmental agency shall ever require testing to ascertain whether there has been a release of Hazardous Substances on, under or about a Residential Lot or any Structure thereon or a violation of Environmental Laws, and such requirement arose in whole or in part because of an act or omission on the part of the Owner or Occupant of such Residential Lot or Structure, then the reasonable costs thereof may be assessed by the Supplemental Association against the Residential Lot as a Violation Assessment. 3. Each Owner shall indemnify and hold harmless the Declarant, the Corporation, Supplemental Declarant, the Supplemental Association, Single Family Developer and their respective agents or employees from any and all claims, loss, liability, costs, expenses or damage, including attorney’s fees and costs of remediation, incurred by any of them in connection with any breach by an Owner or Occupant of its obligations under this Section 24. 4. Single Family Developer shall indemnify and hold harmless Supplemental Declarant and its agents or employees from any and all claims, loss, liability, costs, expenses or damage, including attorney’s fees and costs, incurred by any of them in connection with any breach by Single Family Developer of its obligations under this Supplemental Declaration. 5. To the extent the terms and conditions of this Supplemental Declaration conflict with and rights in favor of Supplemental Declarant pursuant to the Declaration, the Declaration shall control. Section 25. Amendments. A. Generally. Subject to Subsections 25(B), 25(C) and 25(D), this Supplemental Declaration may be amended at any time by an instrument signed by (i) the appropriate officers of the Supplemental Association acting pursuant to authority granted by not less than two-thirds (2/3) of the votes of the Members cast at a meeting duly called for the purpose of amending this Supplemental Declaration and, in addition, a majority of the Supplemental Board in its discretion and (ii) the Single Family Developer in its discretion. B. By Supplemental Declarant. This Supplemental Declaration may be amended by an instrument signed by Supplemental Declarant at any time prior to the Parcel Applicable Date by Supplemental Declarant following a Project Agreement Default. 03/31/21 24 C. Limitations on Amendments. The right to amend this Supplemental Declaration is subject to the same limitations as are specified in subparagraphs (C), (D) and (E) of Paragraph 25 of the Declaration. D. Supplemental Declarant Approval. For so long as Supplemental Declarant owns any portion of the Parcel, no amendment of this Supplemental Declaration shall be effective unless approved in writing by Supplemental Declarant. This requirement shall be of no further force and effect upon the date on which Supplemental Declarant no longer owns any portion of the Parcel. E. Effective Date. Any amendment shall become effective upon its recordation in the Office of the Recorder of Hamilton County, Indiana. Section 26. Enforcement. The right to enforce each of the foregoing Restrictions by injunction or other lawful means, together with the right to cause the removal by due process of law of improvements and Structures erected or maintained in violation thereof is reserved to the Declarant, the Corporation, Supplemental Declarant, the Supplemental Association, the Development Standards and Architectural Control Committee, the Owners of the Residential Lots in the Parcel, their heirs and assigns, and to the Zoning Authority, their successors and assigns, who are entitled to such relief without being required to show any damage of any kind by or through any such violation or attempted violation. Under no circumstances shall the Declarant, Corporation, Supplemental Declarant, the Supplemental Association or the Development Standards and Architectural Control Committee be liable for damages of any kind to any Person for failure to abide by, enforce or carry out any provision or provisions of this Supplemental Declaration. Except as expressly provided in Section 7K of this Supplemental Declaration, there shall be no rights of reversion or forfeiture of title resulting from any violations. Section 27. Blanket Access Easement. Supplemental Declarant hereby declares, creates and reserves a non-exclusive access easement over and across all the Parcel for the use of Single Family Developer, Supplemental Declarant and the Supplemental Association, and their respective representatives, agents, contractors and affiliates, for the purpose exercising and enforcing the rights and obligations of this Supplemental Declaration. The parties for whose benefit this access easement is herein created and reserved shall exercise such access easement rights only to the extent reasonably necessary and appropriate to exercise and enforce the rights and obligations such parties pursuant to this Supplemental Declaration. Section 28. Severability. Invalidation of any of the covenants and restrictions in this Supplemental Declaration or any part thereof by judgment or court order shall not affect or render the remainder of said covenants and restrictions invalid or inoperative. Section 29. Non-Liability of Supplemental Declarant and Single Family Developer. Neither Supplemental Declarant nor Single Family Developer shall have any duties, obligations, or liabilities hereunder except such as are expressly assumed by Supplemental Declarant and Single Family Developer and no duty of, or warranty by, Supplemental Declarant or Single Family Developer shall be implied by or inferred from any term or provision of this Supplemental Declaration. 03/31/21 25 Section 30. General Provisions. Except as the same may be amended from time to time, the foregoing restrictions will be in full force and effect until January 1, 2070, at which time they will be automatically extended for successive periods of ten (10) years, unless by a vote of the majority of the then Owners of Residential Lots in the Parcel it is agreed that these Restrictions shall terminate in whole or in part. [SIGNATURES ON FOLLOWING PAGES] 03/31/21 26 IN WITNESS WHEREOF, Single Family Developer have executed this Declaration as of the date set forth above. SUPPLEMENTAL DECLARANT: NORTH END LAND DEVELOPMENT, L.L.C., an Indiana nonprofit corporation 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] Purdue Research Foundation, who acknowledged the execution of the foregoing Supplemental 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: ______________ 03/31/21 27 EXECUTED AND DELIVERED in my presence: [Witness’s Signature] Witness: [Witness’s Printed Name] STATE OF _________________ ) ) SS: COUNTY OF _______________ ) Before me, a Notary Public in and for said County and State, personally appeared ______________________________ [Witness’s Name], being known to me to be the person whose name is subscribed as a witness to the foregoing instrument, who, being duly sworn by me, deposes and says that the foregoing instrument was executed and delivered by ______________________________ [Signer’s Name] in the above-named subscribing witness’s presence, and that the above-named subscribing witness is not a party to the transaction described in the foregoing instrument and will not receive any interest in or proceeds from the property that is the subject of the transaction. Witness my hand and Notarial Seal this ____ day of ________________, 2020. _______________________________ [Notary Public’s Signature] _______________________________ [Notary Public’s Printed Name] 03/31/21 28 Single Family Developer: ___________________________., 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 Supplemental 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: ______________ 03/31/21 29 EXECUTED AND DELIVERED in my presence: [Witness’s Signature] Witness: [Witness’s Printed Name] STATE OF _________________ ) ) SS: COUNTY OF _______________ ) Before me, a Notary Public in and for said County and State, personally appeared ______________________________ [Witness’s Name], being known to me to be the person whose name is subscribed as a witness to the foregoing instrument, who, being duly sworn by me, deposes and says that the foregoing instrument was executed and delivered by ______________________________ [Signer’s Name] in the above-named subscribing witness’s presence, and that the above-named subscribing witness is not a party to the transaction described in the foregoing instrument and will not receive any interest in or proceeds from the property that is the subject of the transaction. Witness my hand and Notarial Seal this ____ day of ________________, 2020. _______________________________ [Notary Public’s Signature] _______________________________ [Notary Public’s Printed Name] 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 – ________________________________. 2995928-4 (13772-0002) 03/31/21