HomeMy WebLinkAboutSupplemental Declaration - Towns at North End (1)
Cross-References: Instrument No. ____________________
Instrument No. ____________________
SUPPLEMENTAL DECLARATION
OF COVENANTS AND RESTRICTIONS OF
TOWNS AT NORTH END
THIS SUPPLEMENTAL DECLARATION OF COVENANTS AND RESTRICTIONS
OF TOWNS AT NORTH END (this “Supplemental Declaration”) is made this _____ day of
___________________, 2020, by NORTH END LAND DEVELOPMENT, L.L.C., a(n) Indiana
limited liability company “Supplemental Declarant”.
WITNESSES THAT:
WHEREAS, 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”);
WHEREAS, Supplemental Declarant intends to construct a Townhome Development upon
the Parcel and intends to convey portions of the Townhome Development as Townhome Lots to
Owners, upon each of which a Townhome and related improvements have been constructed;
WHEREAS, a plan depicting the Townhome Development is set forth in Exhibit B
attached hereto and by reference made a part hereof (the “Plan”);
WHEREAS, each Townhome Lot is established by that certain plat of
_______________________ recorded in the Office of the Recorder of Hamilton County, Indiana
as Instrument No. _____________________ (the “Plat”); and
WHEREAS, Supplemental Declarant, by execution of this Supplemental Declaration, does
hereby create, submit, declare, and subject the Parcel, the Townhome Development and the
Townhome Lots to certain easements, restrictions, covenants, conditions and charges as
hereinafter set forth.
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NOW THEREFORE, in consideration of the foregoing and of the covenants herein
contained, Supplemental Declarant declares that, in addition to the covenants, restrictions,
easements, charges and liens imposed by the Declaration, the Parcel and the Townhome Lots in
the Townhome Development shall be held, transferred, sold, conveyed and occupied subject to the
covenants, conditions, restrictions, easements, charges and liens set forth in this Supplemental
Declaration, as follows:
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:
(a) “Act” means the Homeowners’ Supplemental Association Law of the State
of Indiana, Indiana Code §32-25.5-1 et. seq., as such Act may be amended. The Act is
incorporated herein by reference.
(b) “Common Expenses” means all sums and expenses of administration of the
Supplemental Association and expenses for the upkeep, operation, maintenance, repair and
replacement of the Limited Common Areas and all sums lawfully assessed against the
Owners by the Supplemental Association or as declared by the Act, this Supplemental
Declaration, or the Supplemental Bylaws. Unless otherwise provided herein or otherwise
determined by Supplemental Declarant or the Supplemental Association (as applicable) in
accordance with this Supplemental Declaration, Common Expenses shall be paid by
Owners as a part of the Parcel General Assessment.
(c) “Exterior Maintenance Obligations” shall mean those obligations of the
Supplemental Association specified in Section 6(c).
(d) “Insurance Trustee” means any bank, with trust powers, authorized to do
business in Hamilton County, Indiana which may be designated by the Supplemental Board
of Directors for the custody and disposition, as herein or in the Supplemental Bylaws
provided, of insurance proceeds and condemnation awards.
(e) “Limited Common Areas” shall have the meaning set forth in Section 3 of
this Supplemental Declaration established in compliance with the Declaration.
(f) “Majority of Mortgagees” means those Mortgagees with first mortgages on
at least fifty-one percent (51%) of the total Townhome Lots.
(g) “Majority of Owners” means the Owners entitled to cast as least fifty-one
percent (51%) of the total votes of all Owners, with each Owner entitled to cast one vote
per Townhome Lot.
(h) “Managing Agent” means a property management agent employed by the
Supplemental Association or Supplemental Declarant pursuant to Section 3.06 of the
Supplemental Bylaws.
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(i) “Member” means a member of the Supplemental Association.
(j) “Mortgagee” means the holder of a first mortgage lien on a Townhome Lot.
(k) “Mortgaged Lot” means a Townhome Lot that is subject to the lien of a
mortgage held, insured or guaranteed by a Mortgagee.
(l) “Parcel Applicable Date” means the date determined pursuant to Section
4.02 of the Supplemental Bylaws.
(m) “Supplemental Articles” or “Supplemental Articles of Incorporation”
means the Supplemental Articles of Incorporation of the Supplemental Association, as
hereinafter defined. The Supplemental Articles of Incorporation are incorporated herein
by reference.
(n) “Supplemental Association” means the “Towns at North End Homeowners
Association, Inc.”, an Indiana not-for-profit corporation more particularly described in
Section 5 of this Supplemental Declaration.
(o) “Supplemental Board” or “Supplemental Board of Directors” means the
governing body of the Supplemental Association, being the Initial Supplemental Board of
Directors referred to in the Supplemental Bylaws or subsequent Supplemental Board of
Directors elected by the Owners in accordance with the Supplemental Bylaws. The terms
“Supplemental Board” and “Supplemental Board of Directors”, as used in this
Supplemental Declaration and in the Supplemental Bylaws, shall be synonymous with the
term “Supplemental Board of directors” as used in the Act.
(p) “Supplemental Bylaws” means the Supplemental Bylaws of the
Supplemental Association providing for the administration and management of the
Townhome Property as required by and in conformity with the provisions of the Act. A
true and accurate copy of the Supplemental Bylaws is attached to this Supplemental
Declaration as Exhibit C and incorporated herein by this reference.
(q) “Supplemental Declarant” shall mean and refer to North End Land
Development, L.L.C., a(n) Indiana limited liability company, and any successors and
assigns whom such limited liability company designates in one or more written recorded
instruments to have the rights of Supplemental Declarant under this Supplemental
Declaration, including, by not limited to, any mortgagee acquiring title to all or any portion
of the Townhome Property pursuant to the exercise of rights under, or foreclosure of, a
mortgage executed by Supplemental Declarant. A mortgagee acquiring title by virtue of
foreclosure against the Supplemental Declarant does not assume the prior obligations or
liabilities of the Supplemental Declarant.
(r) “Townhome Lot Maintenance Obligations” shall mean those obligations
of the Supplemental Association specified in Section 6(b).
(s) “Townhome Property” means the Parcel and the appurtenant easements,
along with the Townhomes, the Buildings, garages, improvements, appurtenances, and
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property of every kind and nature whatsoever, real, personal, and mixed, located upon the
Parcel and used in connection with the operation, use, and enjoyment of the Owners or
their tenants, but expressly does not include the personal property of the Owners or their
tenants.
2. Townhomes.
(a) Description of Buildings and Townhome Lots. There will be approximately
forty-six (46) townhome units in three (3) story buildings within the various phases of the
North End neighborhood as shown and outlined in the development plan on Exhibit B.
Supplemental Declarant shall be permitted to construct and sell Townhome Lots on a
continuing basis without any requirement to construct any future Building or Buildings
except as determined in Supplemental Declarant’s sole and absolute discretion. Each
Townhome is identified by an individual address.
(b) Real Estate Taxes. Real estate taxes are to be separately assessed and taxed
to each Townhome. In the event that for any year real estate taxes are not separately
assessed and taxed to each Townhome, but are assessed and taxed on the Townhome
Property as a whole, then each Owner shall pay the Owner’s proportionate share of such
taxes to the extent attributable to the Townhome Property as a part of the Parcel General
Assessment.
(c) Utilities. Each Owner shall pay for the Owner’s own utilities which are
separately metered. Utilities which are not separately metered shall be treated as and paid
as part of the Common Expenses, unless otherwise agreed by a Majority of Owners.
(d) Plan. Supplemental Declarant shall construct the Townhome Development
in compliance with the Plan. Any modification, repair or restoration of the Townhome
Development shall comply with the Plan.
3. Limited Common Areas and Facilities. “Limited Common Areas” shall include
but are not to be limited to the following areas of that are subject to this Supplemental Declaration
from time to time:
(a) The Townhome Property (excluding the Townhome Lots and any land
where current Buildings exist or future Buildings may be constructed);
(b) All landscaping islands, sidewalks and parking areas, except to the extent
the same are otherwise classified and defined herein as part of the Townhome Lots;
(c) All facilities providing central electricity, gas, water supply systems, and
sanitary sewer or septic systems and mains serving the Buildings;
(d) Pipes, ducts, electrical wiring and conduits and public utilities lines which
serve more than one Townhome;
(e) All streets, interior access drives, and other areas designated as Limited
Common Area on the Plat;
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(f) All real and personal property now or hereafter owned or leased by the
Supplemental Association pursuant to its authority under this Supplemental Declaration
and the Supplemental Bylaws; and
(g) Any other portions of the Townhome Property necessary or convenient to
its existence, maintenance and safety or normally in common use, except to the extent
specifically included within the boundaries of the Townhome Lots.
Each Owner of a Townhome Lot may use the Limited Common Areas in accordance with
the Supplemental Bylaws, Rules and Regulations and for the purpose for which they were intended
without hindering or encroaching upon the lawful rights of the other Townhome Lot Owners. In
the event the Limited Common Areas are damaged or destroyed by an Owner or any Owner’s
guests, tenants, licensees, agents, or family members, such Owner authorizes the Supplemental
Association to repair said damaged area and the 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 Supplemental Association in the discretion of the Supplemental Association. An amount
equal to the costs incurred to effect such repairs shall be assessed against such Owner and shall
constitute a lien upon the Townhome Lot of said Owner.
4. Ownership of Limited Common Areas. Supplemental Declarant may, but is not
obligated to, retain the legal title to the Limited Common Areas until the Parcel Applicable Date;
provided, however, that the Supplemental Declarant hereby covenants that it shall convey the
Limited Common Areas to the Supplemental Association prior to or on the Parcel Applicable Date
by quitclaim deed. Unless expressly stated in a recorded instrument, the Limited Common Areas
shall remain private. Neither Supplemental Declarant’s execution or recording of an instrument
portraying the Limited Common Areas, nor the doing of any other act by Supplemental Declarant
is, or is intended to be, or shall be construed as, a dedication to the public of the Limited Common
Area. Supplemental Declarant or the Supplemental Association may, however, dedicate or transfer
all or any part of the Limited Common Areas to the City of Carmel for use as public rights-of-way
or to a public utility for public utility purposes.
5. Townhome Owners Supplemental Association. The Supplemental Association
is a Supplemental Association under the Declaration and, subject to the Declaration, shall have
such 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. Subject to the rights of the Supplemental Declarant reserved in the Supplemental
Declaration and Supplemental Bylaws and the obligations of the Owners, the Supplemental
Association shall be established for the purpose of: (i) assessing, collecting and expending Parcel
General Assessments and Special Maintenance Assessments; (ii) fulfilling the Townhome Lot
Maintenance Obligations and the Exterior Maintenance Obligation; and (iii) performing such other
management and administrative tasks as may be required in connection with the Limited Common
Areas and the Townhome Development. Each Owner of a Townhome Lot shall, automatically
upon becoming an Owner of a Townhome Lot, be and become a Member of the Supplemental
Association and shall remain a Member until such time as his ownership ceases, but membership
shall terminate when such person ceases to be an Owner and will automatically be transferred to
the new Owner.
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The Supplemental Association shall elect a Supplemental Board of Directors annually
(except for the Initial Supplemental Board of Directors described in the Supplemental Bylaws) in
accordance with and as prescribed by the Supplemental Bylaws. Each Owner shall be entitled to
cast one (1) vote for the election of the Supplemental Board of Directors, except for such Initial
Supplemental Board of Directors who shall serve for the period provided in the Supplemental
Bylaws. Each person serving on the Initial Supplemental Board of Directors, whether as an
original member thereof or as a member thereof appointed by Supplemental Declarant to fill a
vacancy, shall be deemed a Member of the Supplemental Association and an Owner solely for the
purpose of qualifying to act as a member of the Supplemental Board of Directors and for no other
purpose. No such person serving on the Initial Supplemental Board of Directors shall be deemed
or considered a Member of the Supplemental Association nor an Owner of a Townhome Lot for
any other purpose (unless he is actually an Owner of a Townhome Lot and thereby a Member of
the Supplemental Association).
6. Maintenance, Repairs and Replacement.
(a) Maintenance by Owners. Subject to the Supplemental Association’s
Townhome Lot Maintenance Obligations and Exterior Maintenance Obligations under
Sections 6(b) and 6(c), respectively, each Owner shall at its own expense, be responsible
for the maintenance, repair, landscaping, decoration and replacement of its own Townhome
Lot and all equipment serving the same, except as may otherwise be provided herein. Each
Owner shall promptly perform such maintenance, repair and replacement within the
Townhome Lot which, if neglected, might adversely affect the Townhome Property.
In the event that the maintenance, repair or replacement of any Townhome Lot or
Townhome is reasonably necessary, in the discretion of the Supplemental Association, to
protect the Limited Common Areas, or to preserve the appearance or value of the
Townhome Property, or is otherwise in the interest of the general welfare of the Owners,
the Supplemental Board shall have the power to undertake such maintenance, repair or
replacement, but no such maintenance, repair or replacement shall be undertaken without
a resolution by the Supplemental Board and reasonable written notice to the Owner of the
affected Townhome Lot. The cost of any such maintenance, repair or replacement shall be
assessed against the Townhome Lot on which such maintenance, repair or replacement is
made and when so assessed a statement for the amount thereof shall be rendered promptly
to the then Owner of the Townhome 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 Article VIII of the Supplemental Bylaws.
(b) Townhome Lot Maintenance Obligations. Subject to the receipt of Parcel
General Assessments, the Supplemental Association shall provide, subject to
reasonableness, and shall pay for, the following landscape maintenance and other services
with respect to a Townhome Lot, but only after a Townhome has been substantially
completed thereon and the Townhome Lot has been fully landscaped:
(1) Periodically, mow and trim grass (if any) located on the Townhome
Lot;
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(2) Generally remove (in the fall, at its reasonable discretion after most,
if not all, have fallen) leaves from the Townhome Lot;
(3) Generally remove, within a reasonable period of time taking into
account weather conditions, snow which accumulates in excess of two inches (2")
from the public sidewalk adjacent to a Townhome Lot, from the driveway, and from
the walkways that extends from the public sidewalk or alley to the front or rear
porch or deck of each Townhome on a Townhome Lot;
(4) Once each year: (i) mulch and edge the planting beds located on the
Townhome Lot; and, (ii) trim and edge along streets, sidewalks; and driveways;
and
(5) Provide for: (i) simple startup and shutdown of any irrigation system
located on each Lot in the spring and fall of the year, the repair and replacement of
which shall otherwise be the responsibility of the Townhome Owners of connected
Townhomes in the same Building; (ii) pruning of shrubs as needed, but no more
than two (2) times each year; (iii) weeding of plant mulch beds as reasonably
required; and, (iv) lawn fertilization three (3) times each year and lawn weed
control as reasonably required.
(c) Exterior Maintenance Obligations. Subject to the receipt of Parcel General
Assessments, the Supplemental Association shall provide, subject to reasonableness, and
shall pay for, the following exterior maintenance with respect to, and only with respect to,
a Townhome constructed on a Townhome Lot, and only following substantial completion
of construction and of related improvements thereon:
(1) Periodic painting and power washing of exterior doors and siding,
exterior trim, decks, railings, gates and fences comprising original improvements
constructed upon a Townhome Lot (or approved replacements);
(2) Minor, non-structural repairs to exterior trim, exterior siding,
facades, railings, gates, decks and fences comprising a part of original
improvements constructed upon a Townhome Lot (or approved replacements); and
(3) Maintenance of (including bulb replacement) exterior freestanding
lighting fixtures and exterior lighting fixtures (including floodlights) which are
building mounted as a part of original construction (or approved replacements).
(4) Any structural or roof repairs or replacements, which shall be the
collective responsibility of the Townhome Owners of connected Townhomes in the
same Building.
Exterior Maintenance Obligations shall in no event include: (i) touch-up of painted
surfaces between periodic repainting; (ii) door or window locks; (iii) windows or window
sashes (including glass cleaning or replacement); (iv) replacement or cleaning of glass in
doors; or (v) any repairs or replacements covered by insurance, or by Section 9 of this
Supplemental Declaration. Repairs or maintenance necessitated by a Townhome Lot
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Owner's own negligence, misuse or neglect may be assessed by the Supplemental
Association against the offending Townhome Lot Owner. When so assessed, a statement
for the amount thereof shall be rendered promptly to the then Owner of the Townhome 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 Article VIII of the Supplemental
Bylaws and in Section 15 of the Declaration.
(d) Parking Areas. Each Owner shall at Owner’s expense cause all driveways
and parking areas on a Townhome Lot to be maintained in good repair and swept to the
extent necessary to keep such areas clean of debris.
(e) Limited Common Areas. Except as otherwise provided herein, all
maintenance, repairs and replacements to the Limited Common Areas (except as otherwise
provided in this Supplemental Declaration, a Supplemental Declaration, or the
Supplemental Bylaws) shall be furnished by the Supplemental Association as part of the
Common Expenses. Each Owner shall at its own expense, be responsible for the
maintenance, repair and replacement of the Limited Common Areas where such repair is
the result of willful or negligent misuse by the Owner of its Townhome Lot or the Limited
Common Areas; at the option of the Supplemental Board, the Supplemental Association
shall be entitled to control and coordinate such maintenance, repairs and replacement or to
undertake the same on the Owner’s behalf. In the discretion of the Supplemental Board,
to protect the Limited Common Areas, or to preserve the appearance or value of the
Townhome Property, or as otherwise may be in the interest of the general welfare of the
Owners, the Supplemental Board shall have the power to undertake such maintenance or
repair and the cost of any such maintenance or repair together with a reasonable service
charge shall be assessed against the Townhome Lot which is the cause of the need for
repairs and, when so assessed, a statement for the amount thereof shall be rendered
promptly to the then Owner of the Townhome 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 Article VIII of the Supplemental Bylaws and in Section 15 of the Declaration
in the event: (i) the Supplemental Board elects to undertake such maintenance, repairs or
replacements on behalf of such Owner; (ii) such maintenance, repairs or replacements are
carried out by Owner as the result of willful or negligent misuse by the Owner but such
repairs are not carried out to a good and workmanlike standard to the reasonable
satisfaction of the Supplemental Association, or (iii) Owner fails in such circumstances to
carry out repairs for which Owner is responsible. The Supplemental Board of Directors
may adopt rules and regulations concerning maintenance, repairs, use and enjoyment of
Townhome Development, including, without limitation, the Limited Common Areas, in
accordance with the authority granted by the Declaration and this Supplemental
Declaration (the “Rules and Regulations”).
(f) Owner Cooperation Required. Each Townhome Lot Owner shall cooperate
with the Supplemental Association as and when needed so that the Townhome Lot
Maintenance Obligations and Exterior Maintenance Obligations can be discharged safely
and without any obstructions or interference which causes delays and/or increased costs.
As a part of the foregoing (and without limiting the generality thereof) a Townhome Lot
Owner shall not permit pets, children or activities of any kind in areas where Townhome
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Lot Maintenance Obligations and/or Exterior Maintenance Obligations are scheduled
and/or underway, and shall not place lawn furniture, statuary ornaments or other
obstructions which inhibit lawn mowing or leaf collection through the use of mechanized
equipment. If obstructions or interference exist, the Supplemental Association shall have
the right, at its sole option, to either: (i) suspend performance of any further Townhome
Lot Maintenance Obligations or Exterior Maintenance Obligations until removed and
without relieving a Townhome Lot Owner from the continuing obligation to pay General
Maintenance and other assessments as and when due; or (ii) proceed and assess the increase
in cost for payment, and when so assessed a statement for the amount thereof shall be
rendered promptly to the then Owner of the Townhome 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 Article VIII of the Supplemental Bylaws and in Section 15 of the
Declaration.
(g) Right of Access and Entry. Supplemental Declarant hereby reserves in
favor of the Supplemental Association and the Managing Agent a permanent, non-
exclusive easement over, across, upon, along, in through the Townhome Property
(inclusive of all Townhome Lots) for purposes of performing the maintenance, repair and
replacement contemplated by this Section 6. Such maintenance and repair shall be
performed at reasonable times and upon reasonable prior notice to the affected Owners
(except in cases of emergency in which event no notice shall be required).
7. Alterations, Additions and Improvements. Except as may be otherwise provided
in this Supplemental Declaration or the Supplemental Bylaws, no Owner shall without the prior
written approval of the Supplemental Board of Directors make any material alterations or additions
(a) to any Limited Common Areas; (b) to the exterior of Owner’s respective Townhome or garage;
or (c) to the interior of the Owner’s Townhome, if such interior alteration would affect the safety
or structural integrity of the Building in which the Townhome is located. 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. 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 an amendment or restatement of the Plat, a statement in a plat that the Townhome Lots and
Limited 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 Townhome 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 Townhome 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.
8. Assessments. The Parcel Assessments described in this Supplemental Declaration,
are in addition to Assessments imposed under the Declaration and unless and until otherwise
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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.
(a) Parcel General Assessment. In order to provide money to fund the
Townhome Lot Maintenance Obligations and Exterior Maintenance Obligations, establish
a reserve fund, and provide for the operation of the Supplemental Association, each Owner
of a Townhome shall also be assessed and shall pay Parcel General Assessments in
accordance with Article VIII of the Supplemental Bylaws. The Parcel General Assessment
shall be subject to any limitations set forth in the Declaration. The Parcel General
Assessment is distinct from the General Assessment under the Declaration.
(b) Special Assessments. In addition to the Parcel General Assessment
authorized above, the Supplemental Board may levy a Special Assessment against
Townhome Lots in any calendar year applicable to that year only, for the purpose of
defraying, in whole or in part, the cost of any construction, reconstruction, repair or
replacement of any capital improvement which the Supplemental Association is required
to maintain, or to recover any operating deficits which the Supplemental Association may
from time to time incur, provided that any such assessment shall comply with Article VIII
of the Supplemental Bylaws.
(c) Creation of the Lien. Supplemental Declarant for each Townhome Lot and
each Townhome located thereon, hereby covenants, and each owner of any Townhome 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) Special Assessments; and (iii) other amounts assessable as provided for
herein and in the Supplemental Bylaws; such assessments to be established and collected
as provided in the Supplemental Bylaws. All such assessments, together with interest,
costs, and reasonable attorney’s fees, shall be a charged on the Townhome Lot and shall
be a continuing lien upon each Townhome Lot. Each such assessment, together with
interest, costs, and reasonable attorney’s fees shall also be the personal obligation of the
person who was the Owner of a Townhome at the time when the assessment fell due. The
personal obligation for delinquent assessments shall not pass to his successors in title unless
expressly assumed by them.
9. Party Walls.
(a) Generally. Each wall which is built as a part of the original construction of
a grouping of connected Townhomes in a Building and placed on the dividing line between
individual Townhome Lots into which subdivided shall constitute a party wall (“Party
Wall”), and, to the extent not inconsistent with the provisions of this Section, the general
rules of Indiana law regarding party walls and liability for property damage due to
negligence or willful acts or omissions shall apply thereto.
(b) Sharing of Repair and Maintenance. The cost of routine repair and
maintenance of a Party Wall shall be shared equally by the Owners who make use of the
Party Wall. If any such Party Wall is damaged or destroyed by fire or other casualty or by
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some cause other than the act of one of the adjoining Owners, its agents, family, household
or guests (including ordinary wear and tear and deterioration from lapse of time), then in
such event both such adjoining Owners shall proceed to rebuild or repair the structural
components of such Party Wall, sharing equally the cost thereof, and each individual
Owner shall proceed to rebuild or repair the non-structural components of such Party Wall
in proportion of their respective uses of the Party Wall. Any and all such reconstruction
and/or repairs shall be completed immediately to the extent that the failure to commence
and/or complete such reconstruction and/or repairs would result in an immediate risk to
human health and/or safety. All other reconstruction and/or repairs shall commence and
proceed to completion as soon as practical, and in any event within ninety (90) days
following the casualty or other event that damaged or destroyed such Party Wall, unless a
longer period of time is approved by the Supplemental Board. If the damage is of such a
nature that it has resulted, or will (if left uncorrected) result in damage or destruction of a
Party Wall, the reconstruction and/or repairs shall commence and proceed to completion
as soon as practical, and in any event within one hundred eighty (180) days following initial
discovery. Any and all such reconstruction and/or repair shall be made in compliance with
all requirements of local governing authorities and otherwise in compliance with all
applicable laws to the same or better condition as existed prior to such damage or
destruction.
(c) Damage Caused by One Owner. If a Party Wall is damaged or destroyed
through the act of one or more adjoining Owners, or their respective agents, families,
household members or guests (collectively the “Offending Parties”), whether or not such
act is intentional, inadvertent, negligent or otherwise, so as to deprive another adjoining
Owner of the full use and enjoyment of a Party Wall, then the Owner(s) of the
Townhome(s) associated with the Offending Parties, shall forthwith proceed to rebuild and
restore the same in the manner and within the time otherwise required under Section 9(c)
above, without cost to any adjoining Owner who is not an Offending Party .
(d) Other Changes. In addition to meeting the other requirements imposed by
this Section 9 and of any building code or similar regulation or ordinance, any Owner
proposing to modify, make additions to or rebuild a Townhome in any manner which
requires the extension of or any other alteration to a Party Wall shall, before p roceeding
with any work in connection therewith: (i) submit detailed plans of the modifications or
additions proposed (the “Plans”) to, and obtain the written approval of, the Supplemental
Association pursuant to the process set forth in the Supplemental Bylaws; and, (ii) upon
receipt of approval from the Supplemental Association, also obtain the written approval of
all adjoining Owners, whose approval shall not be unreasonably withheld. If an adjoining
Owner has not responded in writing to a request for approval within thirty (30) days
following receipt of a written request (together with the required Plans as approved by the
Supplemental Association), given by registered or certified mail, return receipt requested,
the approval thereof shall be deemed given as otherwise required herein.
(e) Right to Contribution Runs with Land. The right of any Owner to
contribution from any other Owner under this Section 9 shall be appurtenant to the Parcel
comprising each Townhome Lot and shall pass to such Owner's successors in title.
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(f) Disputes. In the event of a dispute between Owners with respect to the
repair or rebuilding of a Party Wall or with respect to the sharing of the cost thereof, then,
upon the written request of one or more of such Owners addressed to the Supplemental
Association, the matter shall be submitted to the Supplemental Board, who shall decide the
dispute after notice to all affected Owners, and the opportunity to be heard pursuant to rules
adopted and published by the Supplemental Board.
10. Zoning; Waiver of Right to Remonstrate. No Owner shall seek a use variance or
to rezone its Townhome Lot or seek to modify or amend in any respect the zoning applicable to
its Townhome Lot without the prior written approval of the Supplemental Board. Owners of
Townhome 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 Section 36 -
7-4-918.2 necessary to complete any future plans by Master Developer, for expansion of the
development within the Property, including, without limitation, the Townhome Property,
whatsoever and related text amendments to the Zoning Ordinance.
11. Insurance. The Owners, through the Supplemental Association, shall purchase a
master casualty insurance policy, naming The Towns at North End Homeowners Association as
additionally insured, affording fire and extended coverage insurance insuring the Townhome
Property in an amount consonant with the full replacement value of the improvements which, in
whole or in part, comprise the Limited Common Areas. If the Supplemental Board of Directors
can obtain such coverage for reasonable amounts, they shall also obtain “all risk” coverage. The
Supplemental Board of Directors shall be responsible for reviewing at least annually the amount
and type of such insurance and shall purchase such additional insurance as is necessary to provide
the type of insurance required above. If deemed advisable by the Supplemental Board of Directors,
the Supplemental Board of Directors may cause such full replacement value to be determined by
a qualified appraiser. The cost of any such appraisal shall be a Common Expense. Such insurance
coverage shall be for the benefit of each Owner and, if applicable, the Mortgagee of each Owner
upon such terms and conditions as may be established by the Supplemental Board of Directors.
The proceeds of such policies shall be used or disbursed by the Supplemental Association or
Supplemental Board of Directors, as appropriate, only in accordance with the provisions of this
Supplemental Declaration. The premiums for all such insurance described above shall be paid by
the Supplemental Association as part of the Common Expenses.
Notwithstanding anything to the contrary contained in this Supplemental Declaration, each
and every Owner shall maintain a casualty insurance policy affording fire and extended coverage
insurance insuring the Townhome in an amount equal to the full replacement value of the
improvements which in whole or in part, comprise the Townhome, including, without limitation
any Party Wall. Such insurance shall provide for payment of the losses thereunder by the insured
to the Supplemental Association or its nominees, insurance trustee for the benefit of each owner,
the holder of each first mortgage of record thereon, and the Supplemental Association as their
interests appear. Proceeds received by the insurance trustee shall be used to repair, reconstruct or
rebuild the Townhomes damaged or destroyed by fire or other casualty unless the Townhome
Owners agree not to repair, reconstruct, or rebuild pursuant to Section 12 below. Each Owner of
each Townhome Lot and/or Townhome will furnish to the Supplemental Association, at or prior
to the closing of said Owner’s acquisition of such Townhome Lot or Townhome, a certificate of
insurance, in form and content acceptable to the Supplemental Association, evidencing the
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insurance coverage described herein. Each such Owner shall, prior to the expi ration of the term
of any such insurance policy, procure and deliver to the Supplemental Association a renewal or
replacement policy in form and content acceptable to the Supplemental Association. If any Owner
fails to provide evidence of such coverage satisfactory to the Supplemental Association, the
Supplemental Association will have the right, but not the obligation, to procure such coverage at
the expense of the applicable Owner, and the cost of procuring such insurance will be assessed to
that Owner as a Special Assessment and shall be immediately due and payable upon demand.
12. Casualty and Restoration.
(a) Obligation to Restore. Except as hereinafter provided, damage to or
destruction of any Building due to fire or other casualty or disaster shall be promptly
repaired and reconstructed by the Supplemental Association and the proceeds of insurance,
including those received for Townhome policies as insurance trustee, if any, shall be
applied for that purpose; provided, however, that repair and reconstruction shall not be
compulsory in the event of “complete destruction of all of the Buildings” (hereinafter
defined) and shall only be done in accordance with the provisions hereinafter set forth.
(b) Complete Destruction. The term “complete destruction of all of the
Buildings” means a determination made by a vote of two-thirds (2/3) of all Owners at a
special meeting of the Supplemental Association called for the purpose of making such
determination, that complete destruction of all of the Buildings has occurred. A special
meeting of the Supplemental Association shall be called and held within ninety (90) days
after any fire or any other casualty or disaster damaging or destroying any of the Buildings
for the purpose of making the determination of whether or not there has been a complete
destruction of the Building. If such a special meeting is not called and held within such
ninety (90) day period, or if such determination by the Owners has not been made within
such ninety (90) day period, then it shall be conclusively presumed that the Owners
determined that there was not a complete destruction of all of the Buildings, and the
Supplemental Association shall proceed with repair and construction as herein provided.
(c) Substantial Damage or Destruction. In the event of substantial damage or
destruction of any Townhome or any part of the Limited Common Areas, the affected
Mortgagee or Mortgagees shall be given timely written notice of such damage or
destruction.
(d) Insufficient Insurance Proceeds. If the insurance proceeds, if any, received
by the Supplemental Association (whether directly or as insurance trustee) as a result of
any such fire or any other casualty or disaster are not adequate to cover the cost of repair
and reconstruction, or in the event there are no insurance proceeds, and if the Townhome
Property is not removed from the Act, the cost for restoring the damage and repairing and
reconstructing the Building (or the costs in excess of insurance proceeds received, if any)
shall be paid by all of the Owners of the affected Townhomes equally. Any such amounts
payable by the Owners shall be assessed as part of the Common Expenses, and shall
constitute a lien from time of assessment as provided herein and in the Act.
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(e) Repair and Reconstruction. For purposes of subparagraphs (a), (b), and (d)
above, repair, reconstruction and restoration shall mean construction or rebuilding of the
Units to as near as possible the same condition as they existed immediately prior to the
damage or destruction and with the same type of architecture.
(f) Determination to Repair. If, under subparagraph (b) above, it is determined
by the Owners at the special meeting of the Supplemental Association that there has been
a complete destruction of the Building, the Owners shall, at the same special meeting, vote
to determine whether or not such complete destruction of the Building shall be repaired
and reconstructed. The Building shall not be reconstructed or repaired unless the Owners
at said special meeting by a vote of two-thirds (2/3) of all of the Owners determine to repair
and reconstruct the Building. If two-thirds (2/3) of all of the Owners decide that the
Building is to be rebuilt, reconstructed, and repaired, the insurance proceeds, if any,
received by the Supplemental Association shall be applied and any excess of construction
costs over insurance proceeds, if any, received by the Supplemental Association shall be
contributed and paid as provided in subparagraphs (a) and (b) above. The action of the
Owners or the Supplemental Board of Directors in proceeding to repair or reconstruct
damage shall not constitute a waiver of any rights against any Owner for committing willful
or malicious damage
(g) Cost Estimates for Repair. Immediately after a fire or other casualty causing
damage to any property for which the Supplemental Board of Directors or the
Supplemental Association has the responsibility of maintenance and repair, the
Supplemental Board of Directors shall obtain reliable and detailed estimates of the cost to
place the damaged property in condition as good as that before the casualty. Such costs
may include professional fees and premiums for such bonds as the Supplemental Board of
Directors desire
(h) Construction Fund. The proceeds of insurance collected on account of any
such casualty, and the sums received by the Supplemental Board of Directors from
collections of assessments against Owners on account of such casualty, shall constitute a
construction fund which shall be disbursed, if the Building is to be reconstructed and
repaired, in payment of the costs of reconstruction and repair in the following manner:
(i) If the amount of the estimated cost of reconstruction and repair is
less than Fifty Thousand Dollars ($50,000.00), then the construction fund shall be
disbursed in payment of such costs upon order of the Supplemental Board of
Directors; provided, however, that upon request of a Mortgagee which is a
beneficiary of an insurance policy, the proceeds of which are included in the
construction fund, such fund shall be disbursed in the manner provided in the
following paragraph (ii).
(ii) If the estimated cost of reconstruction and repair of any Building, or
other improvements, is more than Fifty Thousand Dollars ($50,000.00), then the
construction fund shall be disbursed in progress payments of such costs upon
approval of an architect or building consultant qualified to practice in Indiana and
employed by the Supplemental Board of Directors to supervise such work, as the
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work progresses. The architect or building consultant shall be required to furnish
a certificate giving a brief description of the services and materials furnished by
various contractors, sub-contractors, materialmen, the architect, or other persons
who have rendered services or furnished materials in connection with the work, (1)
that the sums requested by them in payment are justly due and owing and that said
sums do not exceed the value of the services and materials furnished; (2) that there
is no other outstanding indebtedness known for the services and materials
described; and (3) that the costs as estimated by said architect or building consultant
for the work remaining to be done subsequent to the date of such certificate, does
not exceed the amount of construction fund remaining after payment of the sum
requested
(iii) In the event that there is any surplus of monies in the construction
fund after the reconstruction or repair of the damage has been fully completed and
all costs paid, such sums may be retained by the Supplemental Board of Directors
as a reserve or may be used in the maintenance and operation of the Limited
Common Areas, or, in the discretion of the Supplemental Board of Directors, it may
be distributed to the Owners in the buildings affected and their Mortgagees who are
the beneficial owners of the fund.
13. Covenants and Restrictions. The covenants and restrictions applicable to the use
and enjoyment of the Townhome Lots are set forth in Article IX of the Supplemental Bylaws.
These covenants and restrictions are incorporated herein by reference, are for the mutual benefit
and protection of the present and future Owners and shall run with the Parcel and inure to the
benefit of and be enforceable by any Owner, the Owners, by the Supplemental Association.
Present or future Owners shall be Members of the Supplemental Association and shall be entitled
to injunctive relief against any violation of these provisions and shall be entitled to damages for
any injuries resulting from any violations of the Supplemental Bylaws, but there shall be no right
of reservation or forfeiture of title resulting from such violation. In addition to the foregoing, each
Owner shall undertake reasonable efforts in good faith and with due diligence to cause Occupants
of the Townhomes on its Townhome Lot to comply with the Declaration, this Supplemental
Declaration and all applicable rules and regulations duly adopted by the Corporation and the
Supplemental Association.
14. Amendment. Except as otherwise provided in this Supplemental Declaration,
amendments to the Supplemental Declaration shall be proposed and adopted in the following
manner:
(a) Notice. Notice of the subject matter of the proposed amendment shall be
included in the notice of any meeting at which the proposed amendment is considered.
(b) Resolution. A resolution to adopt a proposed amendment may be proposed
by the Supplemental Board of Directors or by a Majority of Owners.
(c) Meeting. The resolution concerning a proposed amendment must be
adopted by the designated vote at a meeting duly called and held in accordance with, the
provisions of the Supplemental Bylaws.
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(d) Adoption. Subject to the provisions of the Supplemental Bylaws and the
rights of Supplemental Declarant described therein, any proposed amendment to this
Supplemental Declaration must be approved by a vote of not less than seventy-five percent
(75%) in the aggregate of the vote of the Owners, with each Owner entitled to one (1) vote.
In the event any Townhome Lot is subject to a first mortgage, the Mortgagee shall be
notified of the meeting and the proposed amendment in the same manner as an Owner if
the Mortgagee has given prior notice of its mortgage interest to the Supplemental Board of
Directors in accordance with the provision of the Supplemental Bylaws.
(e) Special Amendments. Subject to the rights reserved to Supplemental
Declarant in this Supplemental Declaration, no amendment to this Supplemental
Declaration shall be adopted which changes (i) the voting interest of any Owner or the
applicable share of any Owner’s liability for Common Expenses without the approval of
one hundred percent (100%) of the Owners and all Mortgagees whose mortgage interests
have been made known to the Supplemental Board of Directors in accordance with the
provisions of the Supplemental Bylaws; or (ii) the provisions of Section 11 of this
Supplemental Declaration with respect to reconstruction or repair in the event of fire or
any other casualty or disaster, without the approval of all Mortgagees whose mortgage
interest have been made known to the Supplemental Board of Directors in accordance with
the provisions of the Supplemental Bylaws.
(f) Recording. Each amendment to the Supplemental Declaration shall be
executed by either the duly authorized representative of the Supplemental Declarant or (if
applicable) the President and Secretary of the Supplemental Association, and recorded in
the Office of the Recorder of Hamilton County, Indiana, and such amendment shall not
become effective until so recorded.
(g) Amendments by Supplemental Declarant Only. Notwithstanding the
foregoing or anything elsewhere contained herein, the Supplemental Declarant shall have
the right acting in mutual agreement and without the consent or approval of the Owners,
the Supplemental Association, the Supplemental Board of Directors, any Mortgagees or
any other person at any time prior to the Parcel Applicable Date to unilaterally amend and
revise (i) the standards, covenants and restrictions contained in this Supplemental
Declaration and (ii) any and all exhibits attached to this Supplemental Declaration, unless
the amendment of a particular provision of this Supplemental Declaration is explicitly
prohibited by this Supplemental Declaration or the Declaration. Such amendments shall
be in writing, executed by Supplemental Declarant, and recorded with the Recorder of
Hamilton County, Indiana. If Supplemental Declarant, acting in good faith and in the
exercise of its reasonable judgment, determines that the basis for the Parcel General
Assessment set forth in this Supplemental Declaration does not equitably, and reasonably,
distribute the costs of improving, maintaining, repairing, replacing or operating the Limited
Common Area, Supplemental Declarant in its discretion may unilaterally modify such
basis for the Parcel General Assessment to provide for an equitable and reasonable
distribution of such costs.
(h) Approvals by Supplemental Declarant. Notwithstanding any other
provisions hereof, prior to the Parcel Applicable Date, the following actions shall require
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the prior approval of Supplemental Declarant: the addition of Parcel to the Townhome
Property; mortgaging of the Limited Common Area; amendment of this Supplemental
Declaration; and changes in the basis for assessment pursuant to this Supplemental
Declaration or the amount, use and time of payment of assessments.
15. Acceptance and Ratification. All present and future Owners, Mortgagees,
tenants, and occupants of the Townhome Lots shall be subject to and shall comply with the
provisions of this Supplemental Declaration, the Act, the Supplemental Bylaws, and the Rules and
Regulations as adopted by the Supplemental Board of Directors as each may be amended or
supplemented from time to time. The acceptance of a contract to purchase, deed of conveyance or
act of occupancy of any Townhome Lot shall constitute an agreement that the provisions of this
Supplemental Declaration, the Act, the Supplemental Bylaws, and Rules and Regulations and as
each may be amended or supplemented from time to time are accepted and ratified by such
purchaser, Owner, tenant, or occupant, and all such provisions shall be covenants running with the
land and shall bind any person having at any time any interest or estate in a Townhome Lot or the
Townhome Property as though such provisions were recited and stipulated at length in each and
every deed, conveyance, mortgage, or lease. All persons, corporations, partnerships, trust,
Supplemental Associations, or other legal entitles who may occupy, use, enjoy, or control a
Townhome Lot or Lots or any part of the Townhome Property in any manner shall be subject to
the applicable Supplemental Declaration, the Act, the Supplemental Bylaws, and the Rules and
Regulations as each may be amended or supplemented from time to time. If any Owner, tenant,
occupant or partnership or entity who may occupy, use, enjoy or control a Townhome Lot or Lots
or any part of the Townhome Property in any manner, are comprised of more than one individual,
the liability and obligations of each such Owner, tenant, occupant, partnership or entity shall be
joint and several.
16. Granting of Easements. Supplemental Declarant is granted the authority to grant
easements to utility companies upon such terms and conditions and for such consideration as it
deems appropriate. Such easements shall not conflict with the easements granted pursuant to the
Declaration.
17. Reservation of Rights to the Use of the Limited Common Areas. Supplemental
Declarant shall have, and hereby reserves, an easement over, across, upon, along, in through an
under the Limited Common Areas for the purposes of installing, maintaining, repairing, replacing,
relocating and otherwise servicing utility equipment facilities and installations to serve the
Townhome Property, to provide access to and ingress and egress to and from the Townhome
Property, to make improvements to and within the Townhome Property, and to provide for the
rendering of public and quasi-public services to the Townhome Property.
18. Easements for Utilities and Public and Quasi-Public Vehicles. All public and
quasi-public vehicles, including but not limited to police, fire and other emergency vehicles, trash
and garbage collection, post office vehicles, and privately owned delivery and maintenance
vehicles, shall have the right to enter upon the streets, Townhome Lots, and Limited Common
Areas in the performance of their duties and services. An easement is also granted to all utilities
and their agents for ingress, egress, installation, replacement, repairing, maintaining of such
utilities, including but not limited to water, sewer, gas telephones, cable television and
communications, and electricity on the Townhome Property; provided, however, nothing in this
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Supplemental Declaration shall permit the installation of sewers, electric lines, water lines,
telephone lines, cable television lines, or other utilities, except as subsequently may be approved
by Supplemental Declarant (prior to the Parcel Applicable Date) or by the Supplemental Board of
Directors (following the Parcel Applicable Date). By virtue of this easement, the electric and
telephone utilities are expressly permitted to erect and maintain the necessary equipment on the
property and to affix and maintain electric and telephone wires, circuits, and conduits on, above,
across, and under the roofs and exterior walls of the Buildings.
19. Initial Management. As set forth in the Supplemental Bylaws, the Initial
Supplemental Board of Directors consists and will consist of persons selected by the Supplemental
Declarant. Such Supplemental Board of Directors may enter into a management agreement with
Supplemental Declarant (or a corporation or other entity affiliated with Supplemental Declarant)
or a third party under which the management company will provide supervision, fiscal and general
management and maintenance of the Limited Common Areas, and in general, perform all of the
duties and obligations of the Supplemental Association. Notwithstanding anything to the contrary
contained herein, prior to the Parcel Applicable Date, Supplemental Declarant shall have, and
Supplemental Declarant hereby reserves to itself (either through a management company or
otherwise), the exclusive right to manage the Townhome Property and to perform all the functions
of the Corporation.
20. Costs and Attorneys’ Fees. In any proceeding arising because of failure of an
Owner to make any payments, take any action, or refrain from taking any action required by this
Supplemental Declaration, the Supplemental Bylaws, or the Rules and Regulations adopted
pursuant to the Supplemental Bylaws, as each may be amended from time to time, the
Supplemental Association shall be entitled to recover its costs and reasonable attorneys’ fees
incurred in connection with such default or failure.
21. Severability. The invalidity of any covenant, restriction, condition, limitation or
other provisions of this Supplemental Declaration or the Supplemental Bylaws shall not impair or
affect in any manner the validity, enforceability, or effect of the rest of this Supplemental
Declaration or the Supplemental Bylaws.
22. Enforcement. The provisions of this Supplemental Declaration, the Supplemental
Bylaws, the Supplemental Articles of Incorporation, or the Act may be enforced by the
Supplemental Association or by any aggrieved Owner through court proceedings for injunctive
relief, for damages or for both.
23. Construction. Any reference to the masculine, feminine, or neuter gender shall,
unless the context clearly requires the contrary, be deemed to refer to and include the masculine,
feminine, and neuter genders. Words in the singular shall include and refer to the plural, and vice
versa, as appropriate.
[SIGNATURE ON FOLLOWING PAGE]
03/31/21
IN WITNESS WHEREOF, the undersigned Supplemental Declarant has caused this
Supplemental Declaration to be executed as of the day and year first above written.
SUPPLEMENTAL DECLARANT
North End Land Development, L.L.C.,
a(n) Indiana limited liability corporation
By: ____________________________
Printed: ___________________________
Title: ____________________________
EXECUTED and DELIVERED in my presence:
_______________________________________
Printed: ________________________________
STATE OF ___________ )
) SS:
COUNTY OF ____________ )
Before me, a Notary Public in and for such County and State, personally appeared
______________________, the ___________________ of ___________________________,
who, after having been duly sworn, acknowledged the execution of the foregoing Supplemental
Declaration for and on behalf of such __________________.
WITNESS, my hand and Notarial Seal this ______ day of _______________, 20___.
__________________________________________
( ) Notary Public
Commission Expires:_________________ County of Residence: _________________
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20
STATE OF ___________ )
) SS:
COUNTY OF ____________ )
Before me, a Notary Public in and for said County and State, personally appeared
____________, 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 _______________ 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 _______________, 20___.
__________________________________________
( ) Notary Public
Commission Expires:_________________ County of Residence: _________________
This instrument prepared by __________________, Attorney at Law,
_____________________________________________.
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
Parcel
LEGAL DESCRIPTION OF TOWNS AT NORTH END
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EXHIBIT B
Plan
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EXHIBIT C
Code of Supplemental Bylaws
[See attached.]
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EXHIBIT D
APPROVED DESIGN GUIDELINES
The Towns at North End
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. To make the requirements and review process as clear as possible,
The North End Design Guidelines were created.
Townhomes in the North End PUD shall maintain a consistent architectural style, in both form
and trim throughout. The trim shall be present on all sides of the building, as appropriate.
Appropriateness shall be defined as utilizing features and forms that are considered typical to the
chosen architectural style. All building elements are subject to the most current edition of the
Indiana Building Code.
NORTH END ARCHITECTURAL CONTROL COMMITTEE
The North End Architectural Control Committee (“Committee”) has been established to review
all plans prior to construction of any town 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.
A. SITE DESIGN
1. Buildings shall be designed and sited in such a way as to maximize privacy where
possible.
2. Site design shall be context-sensitive with regards to existing natural features.
3. Primary Use Building Setbacks:
Primary Street: 8’ minimum, 15’ maximum
Side Street: 5’ minimum, 10’ maximum
Side: 10’ minimum between building groups
Rear: 18’ minimum (alley), 20’ minimum (no alley)
B. BUILDING SCALE/MASSING
1. Dwellings shall not feature long, unbroken expanses of wall. This may be accomplished
by including the following features:
a. Variations in height and depth
b. Windows and door openings
c. Changes in roof line or height
d. Details and trim appropriate to the style and mass of the building
e. Use of different materials, textures, and material placement
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f. Placement of landscaping materials and street furniture
g. Balconies, recessed entries, and covered porches
h. Bays and towers
2. Minimum dwelling size shall be 1,200 square feet.
C. WINDOWS
1. At least two windows shall be present on each façade per unit, and each occupied
level, as architecturally appropriate. One window shall be permitted on half stories.
2. All windows, on all sides of the house, shall have trim as architecturally
appropriate.
3. Most windows shall be operable to provide for cross-ventilation.
4. Vertical, rectangular double-hung or casement windows are required to be the
dominant window type. These may be used in multiple sets to create larger
expanses of window area.
D. ENTRYWAYS
1. Entryways shall be clearly visible and shall be the dominant feature of the front
façade or the side facade.
2. Porches designed as outdoor living must be a minimum of five feet deep for a
majority of the porch width and shall be provided where architecturally appropriate.
3. Covered porches facing the street on the first floor of the structure are required and
must be a minimum of six feet deep except directly in front of the door where they
may be a minimum of four feet deep.
4. Uncovered decks are not allowed in the front yard.
5. Front doors materials include fiberglass, painted steel, and wood.
E. CHIMNEYS
1. Chimneys 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.
2. Chimneys shall be made of masonry or stucco material or panels or material with a
similar, durable appearance. Horizontal siding is not a permissible material.
3. Chimneys must be capped.
F. GARAGES
1. Garages shall be a minimum of two car design.
2. Garages shall not be the dominant feature of the front façade.
3. If off-set or side-loading, the façade facing the street shall have at least one window.
4. If front-loading, the garage must be 10’ back from the front of the house or porch.
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G. FOUNDATIONS
1. If building foundations are to be exposed, they shall be finished with stone, brick,
brick-form poured concrete, fieldstone, or split-face block, and shall remain
unpainted.
2. Surface-applied waterproofing shall not be exposed unless it matches the concrete.
H. ROOFLINES
1. Primary roofs shall have minimum 12” overhangs, except where there are bracketed
gables, on all sides of the structure, if architecturally appropriate.
2. Dormers and gables should be used to help break long roof lines. If used, they shall
have attic bands, windows, and/or decorative attic vents where appropriate.
3. Vents and stacks shall be located to limit visibility.
4. Roofs may be made of dimensional shingles, standing-seam metal, slate/faux slate.
5. Gutters and downspouts or rain chains shall be required.
6. The primary roof slope shall not be less than 6/12 unless required architecturally.
7. Maximum Building Height: Condos: Forty-five (45) feet to the midpoint of the
cornice and the ridgeline. Townhomes: Forty-five (45) feet to the midpoint of the
cornice and the ridgeline.
I. EXTERIOR MATERIALS & DESIGN
1. If more than one material or color is used, the transition between materials and/or
colors shall be logical, i.e. to highlight an architectural feature. If a material such as
brick or stone is used on the front façade but not the side facades, a logical
transition with trim, such as quoins, shall be provided.
2. All sides of buildings must be clad in wood, brick, stone, or fiber cement siding.
Similar materials must be used on all sides of the building if architecturally
appropriate. Vinyl siding shall be prohibited.
3. Exterior materials shall generally be concrete siding, other masonry material,
dryvit, wood, wood equivalent, or other material approved by the Developer or the
Committee and subject to final approval by the Administrative Officer. The
Developer, or Committee prior to construction, must approve colors of all exterior
materials, including but not limited to shingles, paint, and masonry if the selections
are within the design guidelines. Selections seeking approval outside the design
guidelines shall first be approved by the Developer or the Committee and then
submitted to the Administrative Officer for final approval.
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4. Maintaining the townhome appearance in the style proper to the single-family zone,
multiple dwelling units are permitted with a single entrance into a common lobby at
the primary street frontage for every 2 row-house facades maximum. Corner lots
may have an additional entrance on the side street frontage.
· The primary entrance to the building shall be located on the primary street
frontage and either under a covered porch or a 3’ minimum recessed
entrance. Corner lots may use the side street frontage for the unit entrance.
· Covered porches shall be completely roofed: 5’ deep minimum, width: 25%
(minimum) of primary street building unit/facade width, porch height above
grade: 1.5’ minimum from ground elevation, porch clear height 8’
minimum.
J. DETAILS & TRIM
1. Architectural trim and details are encouraged on all dwellings. If such details are
used, they shall be used as architecturally appropriate and shall be balanced with
regards to placement and scale. Suitable elements include, but are not limited to:
· Quoins
· Pilasters
· Eaves of at least 12” in depth
· Corner boards and gable boards
· Pediments
· Lintels and sills
· Soldier coursing
· Balustrades
· Friezes, cornices, dentils, modillions, etc.
· Brackets
2. Buildings with clapboard or similar facades shall have all openings trimmed with
wood trim at least 4” nominal width, and corners trimmed with wood at least 6”
nominal width unless approved by the Committee.
K. LANDSCAPE & LIGHTING
1. A concrete walkway from the porch or front door to the front sidewalk is required.
2. The remaining front yard of all buildings will be maintained with a groomed
landscape of low shrubs, ground cover, trees, flowers and/or grass.
3. Entire yard shall be sodded, hydro-seeded grass, or equivalent and have an in-ground
irrigation system in sodded, hydro-seeded areas only.
4. Exterior lighting is restricted to lamps mounted on the building, and low-wattage
landscape lighting.
5. Fences are not allowed.
6. Dumpsters and trash receptacle must be screened from view
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L. GENERAL REQUIREMENTS
1. Primary roofs shall generally have roof pitch range 6:12 or steeper. Flat roof parapet
height 2’ minimum.
2. Ground story floor to floor height is 9’ minimum and 12’ maximum.
3. Upper story floor to floor height is 8’ minimum and 12’ maximum.
4. Windows shall generally be casement or double hung vinyl or wood clad.
5. Pre-construction meeting with the developer is required prior to any construction or
clearing.
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