HomeMy WebLinkAboutJG Village MASTER Declaration DRAFTMASTER DECLARATION
OF EASEMENTS, COVENANTS AND RESTRICTIONS
FOR
JG VILLAGE
A RESIDENTIAL DEVELOPMENT
IN CARMEL, INDIANA
The undersigned JG VILLAGE, LLC, an Indiana limited liability company (hereinafter referred to as "Developer"), as owner and developer of real property described in Exhibit A attached
hereto and known as JG Village (referred to herein as the “Subdivision”), comprised of a townhome and single family Neighborhoods, imposes the following plat restrictions and covenants
on the Subdivision for the benefit of all present and future Owners (as hereinafter defined) of any Lot in the Subdivision. The Developer also owns the real property described in Exhibit
B attached hereto and known as the Shops at Jackson’s Grant (the “Commercial Development”) which is being subjected to this Declaration only with respect to the rights, obligations
and easements set forth in Article 9 hereof.
DECLARATIONS
All Lots, including single and multi-family Lots within the Subdivision, shall be subject to the following development standards, restrictions, covenants, conditions and assessments,
which are for the benefit of all Owners (as hereinafter defined) and occupants within the Subdivision and which shall run with the property and shall be binding on all Owners and all
persons claiming under them for a period of fifteen (15) years from the date these covenants are recorded, at which time said covenants shall be automatically extended for successive
periods of fifteen (15) years each, unless at any time after the turnover of the Master Association to the Owners seventy-five percent (75%) of the then Owners in the Subdivision agree
to change or terminate said covenants in whole or in part and on the condition that an instrument to that effect signed by the Owners voting in favor of such change has been recorded;
provided, however, that no change or termination of said covenants shall affect any easement hereby created or granted, unless all persons entitled to the beneficial use of such easement
shall consent thereto, provided that the terms and provisions of Article 9 may be amended as provided therein.
Article 1. Use Restrictions
1.01 Each Lot shall be used for residential purposes only. Lots shall be used for both single family and multi-family residential purposes. “Residence shall mean either (i) each unit
with a multi-family building designed for single residential occupancy including one-half (1/2) of the thickness of any party wall separating the Residence from another Residence within
the building, or (ii) a single family detached residence. A “Lot” shall mean and refer to the portion of a lot associated or platted with a Residence as may be described in the deed
conveying the Residence to an Owner or the entire Lot associated with a single family detached Residence. However, the Developer, its agents or assigns, may use Lots for construction
and sales purposes
during any building and sales period. An “Owner” shall mean and refer to the record title Owner of a Lot in the Subdivision, and shall be all Owners, jointly and severally, if there
is more than one Owner of record
1.02 No Residence, building, shed, fence, flagpole, mailbox, light pole or fixture, swimming pool, tennis court, pavement, driveway, awning, wall or structure of any kind shall be erected,
placed or altered on any Lot without first obtaining the written consent of the Architectural Review Board subsequently described herein. All requests for approvals from the Architectural
Review Board shall be in writing, shall be dated, shall specifically request approval of the contemplated improvement(s) and shall be accompanied by detailed plans and specifications
for the proposed improvements showing, where applicable, the size, location, type, architectural design, spacing, quality, use, construction materials, color scheme, grading plan and
finished grade elevation for said improvements.
1.03 Residences within the Subdivision shall have the following minimum square footage, exclusive of basements, open porches, garages and other unheated areas. Each Residence shall
have an attached garage with space for not less than two (2) automobiles.
1 Story 2 Story
Single Family 1,600 sf 2,000 sf
Townhome 1,600 sf 2,000 sf
No person, group of persons or entity, other than Developer and its builders, shall own more than one Townhome.
1.04 All structures or improvements commenced on a Lot must be completed within nine (9) months from the date of commencement.
1.05 No detached storage buildings shall be permitted on any Lot.
1.06 No towers of any description or satellite dish antennas greater than thirty-nine (39) inches in diameter will be permitted on any Lot without the written approval of the Architectural
Review Board. Said Board may deny any such request in its sole and absolute discretion or may attach such conditions as it deems necessary or appropriate. Any satellite dish antenna
less than thirty-nine (39) inches in diameter shall require Architecture Review Board approval as to location, color and other aesthetic conditions.
1.07 No Residence shall have a sump pump which discharges directly into the street through a curb.
1.08 No building shall be located nearer to any street than the building setback line show on the recorded plat of the Subdivision. The setback areas designated on the recorded plat
shall be for lawn purposes only. This covenant shall not be construed to prevent the use of the setback areas for walls, fencing, walks, drives, trees, shrubbery, flowers, or ornamental
plants used for the purpose of beautification.
1.09 No structures or materials shall be placed or permitted within the utility or drainage easement areas as designated on the recorded plat of the Subdivision. Plantings within said
utility
or drainage easement areas are at the Owner's sole risk of loss if such plantings, as determined solely by the applicable utility authority or the Architectural Review Board, would damage
or interfere with the installation or maintenance of utilities or would change or retard the flow of surface water from its proper course. Each Owner shall maintain such portion of
any utility or drainage easement area as is located upon such Owner’s Lot.
1.10 No business activities of any kind shall be conducted on any Lot or open space in the Subdivision without the approval of the Master Association; provided, however, that the foregoing
shall not apply to the business activities of Developer or the construction, sale or maintenance of Lot by authorized builders or by Developer, its agents or assigns, during the construction
and sales period.
1.11 No clothesline shall be located on any Lot. No laundry articles shall be left outdoors overnight or any time on Saturdays or Sundays.
1.12 No automobile, bus, camper, motor home, trailer, boat, other watercraft, snowmobile, motorcycle or other similar vehicle shall be stored on any Lot unless housed within a garage
building. For purposes of this section a vehicle shall be considered “stored” if inoperable, put up on blocks or covered with a tarpaulin and it remains in such condition for a period
of seven (7) consecutive days.
1.13 No Lot shall be used as a dumping ground or storage area for rubbish, machinery, scrap, paper, glass or other such materials. Garbage or other waste shall be kept in trash containers.
All containers used for the storage or disposal of trash or recyclable materials shall be kept in a clean and sanitary condition and screened from public view. Building materials
to be used in the construction of approved structures may be stored on or within a Lot, provided such building materials are incorporated into the approved improvement within ninety
(90) days after their delivery to such Lot.
1.14 No sod, dirt or gravel, other than incidental to the construction of an approved structure or the normal maintenance of lawn areas, shall be removed from any Lot without the written
approval of the Architectural Review Board.
1.15 No weeds, underbrush or unsightly growths or objects of any kind shall be permitted to remain on any Lot. All lawn areas shall be maintained in a neat and orderly manner and shall
be mowed on a regular basis. The Master Association may regulate and control the maintenance of lawn areas by publishing rules and regulations as it deems necessary from time to time.
1.16 No geothermal or solar heating system shall be installed on any Lot or on any Residence thereon without the prior approval of all applicable agencies and the Architectural Review
Board.
1.17 No animals, livestock or poultry of any kind shall be raised, bred or kept on any Lot, except that dogs, cats or other usual household pets may be kept on a Lot, so long as such
pets are not kept, bred or maintained for any commercial purpose. No animal shall be permitted to run loose or become a nuisance to any Owner. The Master Association may regulate
and control the
maintenance of such household pets by publishing such rules and regulations as it deems necessary from time to time.
1.18 Permitted Signs shall include only those professionally constructed signs which advertise a home on any Lot for sale, and which are non-illuminated and less than or equal to 6
square feet in size (“Permitted Signs”). With the exception of Permitted Signs, all signs including, but not limited to those advertising a garage sale or a Lot “For Lease”, must be
approved by the Architectural Review Board before being placed upon any Lot or Common Area, or displayed from a Residence. No more than one sign (including a Permitted Sign) may be
displayed on a Lot or from a Residence at any one time. All Permitted Signs advertising a Lot for sale shall be removed within three (3) business days of the conveyance of the Lot.
Signs advertising a Lot for “Rent to Own”, or something similar, are expressly prohibited and may not be placed on a Lot or displayed from a Residence constructed thereon. The Developer
and designated builder(s) are expressly exempt from the requirements of this Section 1.19 and may post any signs in Common Areas and Lots owned by Developer and/or designated builder(s),
as approved by Developer.
1.19 No well for the production of gas, water or oil, whether intended for temporary or permanent purposes, shall be drilled or maintained on any Lot without the written consent of the
Architectural Review Board.
1.20 No chain link fence will be permitted on any Lot. Acceptable fence styles and materials shall be established by the Board of Directors. Any fence to be installed on a Lot shall
be submitted to the Architectural Review Board for its review and approval prior to installation.
1.21 No above ground swimming pools in place for more than forty eight (48) consecutive hours will be permitted on any Lot.
1.22 Nothing shall be done, placed or stored on any Lot which may endanger the health or unreasonably disturb the occupants of neighboring Residences.
1.23 Each Owner within the Subdivision, upon acquisition of title to a Lot, shall automatically become a member of the Master Association created in accordance with Article 3.01 hereof.
Such membership shall be an appurtenance to and shall not be separated from ownership of the Lot and such membership shall terminate upon the sale or other disposition by such member
of such Lot ownership.
1.24 Invalidation of any of these covenants and restrictions by judgment or court order shall in no way affect any other provision hereof, all of which shall remain in full force and
effect.
1.25 Except as otherwise approved by the Developer in connection with a builder’s model home sales center, all outside lighting contained in or with respect to the Subdivision shall
be of an ornamental nature compatible with the architecture of the project and shall provide for projection of light so as to not create a glare, distraction or nuisance to the other
Owners.
1.26 No fence, wall, hedge or shrub planting which obstructs sight lines at elevations between two (2) and nine (9) feet above the street shall be placed or permitted to remain on any
corner Lot within the triangular area formed by the street property lines and a line connecting points twenty-five (25) feet from the intersection of the street lines extended or in
the case of a
rounded property corner, from the intersection of the street lines extended. The same sight line limitations shall apply to any Lot within ten (10) feet from the intersection of a street
line with the edge of a driveway or alley line. No tree shall be permitted to remain within such distances of such areas unless the foliage line is maintained at a sufficient height
to prevent obstruction of such sight lines.
1.27 JG Village will be developed into residential and townhome Neighborhoods. The Townhome Neighborhood may have supplemental use restrictions, covenants and assessment levels in addition
to those provided for in this Declaration. The Townhome Neighborhood may establish its own sub declaration (“Townhome Declaration”) and homeowners association (“Townhome Association”)
to provide for additional covenants, conditions, restrictions or assessments specific to its Neighborhood. In the event of any conflict between Townhome Declaration and this document,
this document shall prevail.
1.28 No play-sets, trampolines or sandboxes shall be permitted on any Lot.
1.29 It shall be lawful for the Developer, City of Carmel, Hamilton County, the Master Association or Owner within the Subdivision to prosecute any proceedings at law or in equity against
a person or persons violating or attempting to violate any covenant or restriction contained herein. The proceeding may seek to prevent such person or persons from violating or continuing
to violate the restrictions or to recover damages for such violation together with the costs incurred in enforcement of the restrictions. In addition, each Owner shall comply with
the Jackson’s Grant Village, Plan Unit Development District Ordinance enacted by the City of Carmel, Indiana on August 17, 2020, and recorded as Instrument No. 2020-63015, as subsequently
amended from time to time (the “PUD Ordinance”).
Article 2. Additional Drainage Easement Restrictions
Drainage easements shown on the recorded plat of the Subdivision may include storm water detention or retention areas designed to direct, detain or retain water. The following covenants
and restrictions are for the benefit of all Owners in the Subdivision and are to run with the land and shall be binding on all parties, on all Owners, and all persons claiming under
them forever, as follows:
2.01 No Owner shall do or permit to be done any action or activity which would result in (a) the pollution of any retained water, (b) the diversion of water, (c) a change in the elevation
of the water level, (d) silting or (e) an adverse effect on water quality, drainage or proper water management, or which would otherwise impair or interfere with the use of such areas
for drainage and related purposes for the benefit of all Owners.
2.02 No boating, fishing, swimming, ice skating or other recreational activity shall be conducted in, on or above said drainage easement areas.
2.03 The Master Association shall have the right to establish rules regarding the use of any drainage easement areas, provided such rules are not in conflict with any other provision
contained herein, and are reasonably established to protect the safety and welfare of the Owners and their guests, or are established to assure the continued service of the areas for
the purposes for which they were designed.
2.04 The Developer, City of Carmel, Hamilton County, the Master Association or any Owners within the Subdivision may prosecute proceedings at law or in equity against any person or persons
violating or attempting to violate any of the above covenants and restrictions or seek restraining orders or other mandatory relief for the correction of any interference with or damage
to the drainage and detention or retention system, and to recover compensation for any damages incurred by the complaining party together with the costs incurred in enforcement of the
restrictions.
Article 3. Homeowners' Association
3.01 After the recording of this Declaration, Developer shall form and incorporate a Homeowners' Association, to be known as the “JG Village Homeowners Association, Inc.” (hereafter
“Master Association”) to promote the common interest of all Owners, to handle maintenance of certain areas within the Subdivision as set forth below and to promote compliance with the
covenants, conditions and use restrictions set forth in this Declaration. The Master Association shall be comprised of all Owners in the Subdivision. Developer reserves the right
to expand the membership and duties of the Master Association to include other areas or sections of JG Village to be developed in the future on contiguous property that is not presently
part of the Subdivision. Said areas or sections shall be considered “Expansion Property”, the Owners of which may, at the option of Developer, be required to become members of the Master
Association. If the Developer elects to develop Expansion Property and elects to include the Owners in any portion of the Expansion Property as members in the Master Association and
to expand the Master Association's responsibilities to include similar duties for such portion of the Expansion Property, Developer may do so by filing an amendment to this Declaration
to include such Expansion Property within fifteen (15) years from the date hereof, explicitly setting forth that the Owners within such portion of the Expansion Property shall become
members of the Master Association and detailing the additional rights and obligations of the Master Association.
3.02 (a) “Common Areas” means (i) all portions of the Subdivision (including improvements thereto) shown on any plat of a part of the Subdivision which are not located on Lots and which
are not dedicated to the public, (ii) all facilities, structures, buildings, improvements and personal property owned or leased by the Master Association from time to time, and (iii)
all easement rights granted to the Association under Article 9 hereof. Common Areas may be located within a public right-of-way or in an easement area as shown on the Plat. Common
areas solely established under the Townhome Declaration, and not under this Declaration, are not Common Areas hereunder.
(b) “Common Expenses” means (i) expenses of and in connection with the operation, maintenance, repair or replacement of the Common Areas and related improvements thereon and the performance
of the responsibilities and duties of the Master Association, including, without limitation, expenses for the improvement, operation, maintenance, replacement or repair of the structures,
improvements, lawn, foliage and landscaping located in a Common Area (and areas within an easement located on a Resident Lot Area to the extent the Master Association deems it necessary
to maintain such easement) including adequate reserves for replacement of buildings, improvements, furniture, fixtures or equipment (ii) expenses of and in connection with the maintenance,
repair or continuation of the drainage facilities located within and upon the easements, including BMP’s in accordance with the Operations and Maintenance Manuals
established for each BMP, (iii) all judgments, liens and valid claims against the Master Association, (iv) all expenses incurred in the administration of the Master Association, (v)
all expenses discharging the obligations of the Association under Article 9 hereof, and (vi) may include if applicable, expenses associated with trash pick-up within the Subdivision.
3.03 The management and control of the affairs of the Master Association shall be vested in its Board of Directors. The Board of Directors shall be composed of between three (3) and
nine (9) members. The initial members of the Board of Directors shall be selected by Developer (the “Developer Board”). The Developer Board shall serve until (a) that date which is
ninety (90) days after 100% of all Lots within the Subdivision and 100% of all Lots within the Expansion Property which have been developed and made a part of the Subdivision as set
forth above in Article 3.01 have been sold (other than sales to Developer’s builders), or (b) Developer elects to turn over control of the Master Association to the Owners, whichever
shall first occur (the “Applicable Date”). Upon the incapacity, resignation or death of any member of the Developer Board, a successor, who shall serve the remaining term of the departed
director, shall be appointed by the remaining members of the Board of Directors within three (3) months after the incapacity, resignation or death of the departed director. Subsequent
board members shall be elected by a majority of the Owners as more fully set forth in the Articles of Incorporation and By Laws for the Master Association. After turnover, at least
one Owner from the Single Family Neighborhood and one Owner from the Townhome Neighborhood shall serve on the Board of Directors on a continuous basis.
3.04 The Master Association, or its agents or assigns, shall have the right to enter onto any common area, open space, public right of way or easement area as shown on the recorded plat
of the Subdivision, if any, as it from time to time deems necessary for the purpose of maintaining the same. Such maintenance may include, but shall not be limited to:
(a) regular mowing, trimming and fertilizing of grassy areas;
(b) periodic mulching of landscape beds within the Subdivision;
(c) regular weeding of landscape beds;
(d) flower planting within the Subdivision;
(e) maintenance of street lighting, if any, and associated electric service billings;
(f) repair of any permanent signs;
(g) repair of any Common Area wall, monument or fencing;
(h) repair and maintenance of any private street, alley or paseo located in a Common Area;
(i) operations, maintenance and repair of any community pools, buildings, playgrounds, pathways or other Common Area amenities;
(j) to arrange for plowing and/or removal of snow from private streets, alleys and paseos located within Common Areas and community walkways located within Common Areas;
(k) treatment of water in any detention or retention areas to limit algae and grassy growth; and
(l) maintaining, trimming, pruning, irrigation, fertilizing, removal and replacement of flowers, plants, trees and bushes, within Common Areas as necessary.
(m) maintaining storm drainage detention areas (“BMPs”) in accordance with each Operations and Maintenance Manual (“BMP Manual”)..
3.05 For the purpose of providing funds to carry out the responsibilities of the Master Association hereunder, exclusive of Lot Maintenance described in Section 3.03, the Master Association
shall be empowered to levy, assess and collect from each Owner in the Subdivision an amount up to [Nine Hundred Dollars ($900.00) per year] (hereinafter the “Regular Assessment”), irrespective
of whether the Subdivision has been completed. Provided, however, that such limit of Nine Hundred Dollars ($900.00) per Lot per year may be increased or decreased in proportion to
any increase or decrease in the Consumer Price Index of the U.S. Bureau of Labor Statistics from the base period of December ______. Any fees assessed by the Master Association in
excess of Nine Hundred Dollars ($900.00), or its adjusted equivalent, must be approved by the Developer Board, if prior to Turnover, or by a majority of the Owners thereafter.
In addition to the assessment set forth above, upon the closing of the initial conveyance of each Lot to the first Owner of the respective Lot other than Developer or builder, the Owner
shall pay to the Association, in addition to any other amount then owed or due to the Association, as a contribution to the working capital of the Association and its start-up fund,
an amount equal to [Five Hundred Dollars ($500.00),] which payment shall be non-refundable and shall not be considered as an advance payment of any Regular or Special Assessment or
other charge owed the Association with respect to such Lot. The working capital and start-up fund shall be held and used by the Association for payment of, or reimbursement to, Developer
for advances made to pay expenses of the Association for its early period of operation to enable the Association to have cash available to meet unforeseen expenditures or to acquire
additional equipment or services deemed necessary by the Board of Directors.
3.06 In addition to Regular Assessments, the Board of Directors of the Master Association may make special assessments against each Lot (a “Special Assessment”) for the purpose of defraying,
in whole or in part, the cost of constructing, reconstructing, repairing or replacing any capital improvement which the Master Association is required to maintain or the cost of special
maintenance and repairs or to recover any deficits (whether from operations or any other loss) which the Master Association may from time to time incur, but only with the assent of
two-thirds (2/3) of the members of each class of members of the Master Association, if more than one, who cast votes in person or by proxy at a duly constituted meeting of the members
of the Master Association called for such purpose.
The Board of Directors of the Master Association shall fix the amount of the Regular Assessment at least thirty (30) days in advance of each annual assessment period. Written notice
of the Regular Assessment, any Special Assessments and such other assessment notices as the Board of Directors shall deem appropriate shall be sent to each Owner subject thereto. The
due dates for all assessments shall be established by the Board of Directors of the Master Association. The Board of Directors may provide for reasonable interest and late charges
on past due installments of assessments.
3.07 Neither the Developer, nor any builder or any related entity being expressly exempted by Developer, shall be assessed any portion of any Regular or Special Assessment during the
development period of the Subdivision until one hundred percent (100%) of all Lots within the Subdivision and one hundred percent (100%) of all Lots within the Expansion Property, if
any, have been developed and made a part of the Subdivision.
3.08 Any amount assessed or levied hereunder by the Master Association against an Owner shall become a lien on each Lot until paid. Any assessments which are not paid within thirty
(30) day of the due date shall be delinquent. As long as an assessment remains delinquent, a late fee of twenty-five dollars ($25.00) will be charged per month until the assessment
is paid in full. In the event any amount so assessed or levied is not paid when due and remains in arrears for more than sixty (60) days, the Master Association may file with the Hamilton
County Recorder a Notice of Lien. The Notice of Lien shall contain a description of the Lot against which the lien exists, the name or names of the Owner or Owners thereof, and the
amount of the unpaid portion of the assessment or assessments. The lien provided for herein shall remain valid for a period of five (5) years from the date a Notice of Lien is duly
filed, unless sooner released or satisfied in the same manner provided for by Indiana law for the release and satisfaction of mortgages on real property or until discharged by the final
judgment or order of the Court in an action brought to discharge the lien. The lien shall secure not only the amount of the unpaid assessments and late fees, but also the costs incurred
in collection, including, but not limited to interest, attorney's fees and court costs. The lien of the assessment provided for herein shall be subject and subordinate to the lien
of any duly executed mortgage on any Lot recorded prior to the recording of the Notice of Lien. The holder of any such mortgage which comes into possession of a Lot pursuant to the
remedies provided in the mortgage, foreclosure of the mortgage, or deed or assignment in lieu of foreclosure shall take the property free of claims for unpaid installments of assessments
or charges against the Lot which become due and payable prior to the time such holder or purchaser takes title to the Lot.
3.09 No member of the Board of Directors shall be liable to the Owner(s) or any other person for any error or mistake of judgment exercised in carrying out his duties and responsibilities
as a director, except in the case of willful misconduct or gross negligence. Further the Master Association shall indemnify and hold harmless and defend each of the directors against
any and all liability to any person, firm or corporation arising out of any contract made by the Board of Directors on behalf of the Master Association, unless any such contract shall
have been made fraudulently. It is intended that no director shall have personal liability with respect to any contract made by any board member on behalf of the Master Association.
3.10 The Master Association shall indemnify, hold harmless and defend any person, his heirs, assigns and legal representatives, made a party to any action, suit or proceeding by reason
of the fact that he is or was a director of the Master Association, against the reasonable expenses,
including attorneys’ fees, actually and necessarily incurred by him in connection with the defense of such action, suit or proceeding, or in connection with any appeal therein, except
as otherwise specifically provided herein in relation to matters as to which it shall be adjudged in such action, suit or proceeding that such director is liable for gross negligence
or willful misconduct in the performance of his duties. The Master Association shall also reimburse to any such director the reasonable costs of settlement of, or judgment rendered
in, any action, suit or proceeding, if it shall be found by a majority vote of the Owners that such director was not guilty of gross negligence or willful misconduct. In making such
findings and notwithstanding the adjudication in any action, suit or proceeding against a director, no director shall be considered or deemed to be guilty of or liable for negligence
or misconduct in the performance of his duties where, acting in good faith, such director relied on the books and records of the Master Association or statements or advice made by or
prepared by the managing agent (if any) or any officer or employee thereof, or any accountant, attorney or other person, firm or corporation employed by the Master Association to render
advice or service, unless such director had actual knowledge of the falsity or incorrectness thereof; nor shall a director be deemed guilty of, or liable for, negligence or misconduct
by virtue of the fact that he failed or neglected to attend a meeting or meetings of the Board of Directors.
3.11 Any and all of the rights, powers, duties and obligations assumed by, reserved to, created in or given to the Master Association may be exercised by Developer until such time as
the Master Association is formed and control thereof transferred to the Owners. At such time as control of the Master Association is transferred to the Owners, Developer may reserve
the exclusive right to approve the plot plan, construction plans, color scheme and landscape plan associated with any structure on any Lot on which a Residence has not yet been completed
and occupied, so long as Developer clearly identifies the Lots for which it is retaining such right at the time of the turnover. Developer shall maintain said right of approval for
each Lot until such time as a Residence has been completed on that Lot and occupied by the homebuyer.
3.12 The community shall not contain dumpsters or other forms of general or common trash accumulation except to facilitate development and Residence construction. No Lot shall be used
or maintained as a dumping ground for trash. Rubbish, garbage and other waste shall be kept in sanitary containers. All equipment for storage or disposal of such materials shall be
kept clean and shall not be stored on any Lot in open public view. No rubbish, garbage or other waste shall be allowed to accumulate on any Lot. No homeowner or occupant of a Lot
shall burn or bury any garbage or refuse.
Article 4. Architectural Review Board
An Architectural Review Board (the "ARB") is hereby established as a standing ARB of the Master Association to carry out the functions set forth for it in this Declaration. The Architectural
Review Board’s procedures and duties shall be as follows:
4.01 The ARB shall be composed of between three (3) and nine (9) members. The Developer shall appoint the initial members of the ARB.
4.02 The initial members of the ARB shall serve until such time as the Developer turns over control of the Master Association to the Owners, as set forth in Article 3.04 hereof. Any
subsequent members shall be appointed by the Master Association and shall serve for terms of three (3) years, except that the first appointed members of the ARB shall serve for staggered
terms
of one (1), two (2), and three (3) years as directed by the Board of Directors of the Master Association. All members of said ARB shall serve until the expiration of their terms or
until their incapacity, resignation or death. Upon the incapacity, resignation or death of a member of the ARB, a successor, who shall serve the remaining term of the departed ARB
member, shall be appointed by the Board of Directors of the Master Association within three (3) months after the incapacity, death or resignation of the departed member. After turnover
of the Master Association to the Owners by Developer, the ARB shall include one Lot Owner from the Single Family Neighborhood and one Lot Owner from the Townhome Neighborhood at all
times.
4.03 The Use Restrictions require the submission of detailed plans and specifications to the ARB prior to the erection of, placement on, or alteration of any structure or improvement
on any Lot. The intent is to achieve an architecturally harmonious, artistic and desirable residential subdivision. Therefore, while considering the approval or disapproval of any
plans and specifications submitted, the ARB is directed to consider the PUD Ordinance, appropriateness of the improvement contemplated in relation to the improvements on contiguous
or adjacent lots, the artistic and architectural merits of the proposed improvement, the adaptability of the proposed improvement to the Lot on which it is proposed to be made, and
such other matters as may be deemed by the ARB members to be in the interest and benefit of the Owners in the Subdivision as a whole. Further, builders must be approved by Developer
or by the ARB until such time as the Developer turns over control of the Master Association as set forth in Article 3.04 hereof. Such approval shall be based upon the willingness to
build in accordance with approved plans and specifications, quality of past work, client satisfaction, compatibility with other multi-lot builders and financial capabilities. Builders
must agree to comply with construction regulations (including those referenced in Article 4.09), and dispose of construction debris properly and build in accordance with the approved
plans and specifications. Failure to comply may result in fines, forfeiture of a deposit and revocation of the right to build in the Subdivision.
4.04 To assist it in making its determinations, the ARB may require that any plans and specifications submitted to the ARB be prepared by a registered architect or civil engineer. The
ARB shall also have the right to require any other reasonable data including, but not limited to, grading or elevation plans, material lists, landscape plans and color scheme designations.
4.05 The ARB's decisions shall be in writing and shall be binding upon all parties in interest. The ARB shall make every reasonable effort to approve, disapprove or request additional
information with respect to any submitted request for approval within thirty (30) days after said request shall have been properly submitted to the ARB for approval. A properly submitted
request shall be in writing and shall comply with the provisions of Article 1.02 hereto. The failure of the ARB to approve, disapprove or request additional information within said
time period shall be deemed a denial of any properly submitted request.
4.06 The approval of any plans and specifications by the ARB shall not constitute a representation or warranty by it as to the quality of the workmanship, materials or architectural
or engineering design covered thereunder, or the proposed work’s feasibility or compliance with any applicable laws.
4.07 If, in the opinion of the ARB, the enforcement of these restrictions would constitute a hardship due to the shape, dimension or topography of a particular Lot in the Subdivision,
the
ARB may permit a variation which will, in its judgment, be in keeping with the standards of the Subdivision.
4.08 In the case of a tie vote by Members of the ARB on any matter, the matter shall be referred to the Board of Directors of the Master Association for final determination.
4.09 The Developer and ARB shall also have the right to adopt policies and regulations concerning construction requirements for site development during construction which may include
drainage and swale requirements, tree preservation plans, street tree and sidewalk installation, and additional responsibilities of the Owner or Builder during construction (the “Construction
Regulations”). The Construction Regulations may be set forth in the Purchase Agreement between Developer and any Builder or Owner, in which case they shall govern the requirements
applicable to such buyer to the extent inconsistent with any Construction Regulations otherwise adopted by Developer or ARB. The Construction Regulations shall run with and be binding
upon subsequent Owners of any Lot to the extent that there are any transfers made prior to the initial home construction.
Article 5. Other Conditions
5.01 All transfers and conveyances of each and every Lot in the Subdivision shall be made subject to these covenants and restrictions.
5.02 Any failure to enforce these restrictions shall not be deemed a waiver thereof or an acquiescence in, or consent to, any continuing, further or succeeding violation hereof.
5.03 If any covenant, condition or restriction hereinabove contained, or any portion thereof, is invalid, such invalidity shall in no way affect any other covenant, condition or restriction.
5.04 All costs of litigation and attorney's fees resulting from violation of this Declaration shall be the financial responsibility of the Owner or Owners found to be in violation.
5.05 Developer reserves the right to amend this Declaration to the extent necessary to conform to any requirements imposed or requested by any federal agencies, local governing authorities,
governmental agency, public authority or financial institution (including, but not limited to, the U.S. Department of Housing and Urban Development, the U.S. Veterans Administration,
Federal National Mortgage Association, Federal Home Loan Mortgage Corporation, or similar entity) as a condition of the approval of this Declaration, by the execution and recordation
of such amendment following notice to all Owners.
Notwithstanding anything herein to the contrary, prior to the Applicable Date, Developer hereby reserves the right unilaterally to amend, revise or clarify the standards, covenants and
restrictions contained in this Declaration for any reason. No such amendment, however, shall restrict or diminish materially the rights or increase or expand materially the obligations
of Owners with respect to Lots conveyed to such Owners prior to the amendment or adversely affect the rights and interests of mortgagees holding first mortgages on Lots at the time
of such amendment. Developer shall give notice in writing to such Owners and mortgagees of any amendments. Developer shall not have the right at any time by amendment of this Declaration
to grant or
establish any easement through, across or over any Lot which Developer has previously conveyed without the consent of the Owner of such Lot. All amendments to this Declaration shall
be in writing and recorded among the appropriate land records.
5.06. Upon the earlier of the Applicable Date or the seven year anniversary of the recording of this Declaration, this Declaration also may be amended by a seventy-five percent (75%)
vote of the Owners in the Subdivision, so long as such amendments do not materially increase the obligation(s) of any Owner under any covenant, condition, term or provision without
such Owner’s consent; provided, however, that no change or termination of said covenants shall affect any easement hereby created or granted, unless all persons entitled to the beneficial
use of such easement shall consent thereto, provided that the terms and provisions of Article 9 may be amended as provided therein.
5.07 Only the Lots contained in the Subdivision shall be subject to and bound by the restrictions, covenants and conditions set out in this Declaration and none of said provisions shall
in any manner affect or be operative in respect to any other land of the Owner or its successors or assigns, other than the Commercial Development with respect to Article 9.
Article 6. Property Rights
6.01 Owners’ Easement of Enjoyment of Common Areas. Developer hereby declares, creates and grants a non-exclusive easement in favor of each Owner for the use and enjoyment of the Common
Areas. Such easement shall run with and be appurtenant to each Owner’s Lot, subject to the following provisions:
the right of the Master Association to charge reasonable admission and other fees for the use of the recreational facilities, if any, situated upon the Common Areas;
the right of the Master Association to fine any Owner or make a special assessment against any Lot in the event a person permitted to use the Common Areas by the Owner violates any rules
or regulations of the Master Association as long as such rules and regulations are applied on a reasonable and nondiscriminatory basis;
the right of the Master Association to make reasonable regular assessments for use and maintenance of the Common Areas and any services provided by the Master Association such as trash
collection (at the Master Association’s option), snow removal, grass mowing or like service;
the right of the Master Association to dedicate or transfer all or any part of the Common Areas or to grant easements to any public agency, authority or utility for such purposes and
subject to such conditions as may be set forth in the instrument of dedication or transfer;
the right of the Master Association to enforce collection of any fines or regular or special assessments through the imposition of a lien;
the rights of Developer as provided in this Declaration and in any plat of any part of the Subdivision;
the terms and provisions of this Declaration;
the easements reserved elsewhere in this Declaration and in any plat of any part of the Subdivision; and
the right of the Master Association to limit the use of Common Areas in a reasonable nondiscriminatory manner for the common good.
6.02 Permissive Use. Any Owner may permit his or her family members, guests, tenants or contract purchasers who reside in the Lot to use his or her right of enjoyment of the Common
Areas. Such permissive use shall be subject to the By-Laws of the Master Association and any reasonable nondiscriminatory rules and regulations promulgated by the Master Association
from time to time.
6.03 Conveyance of the Common Areas. Developer may convey all of its right, title, interest in and to any of the Common Areas to the Master Association by quitclaim deed, and such Common
Areas so conveyed shall then be the property of the Master Association.
Article 7. Maintenance
7.01 Maintenance of Lots and Improvements. Except to the extent such maintenance shall be the responsibility of the Master Association or Townhome Association under any of the foregoing
provisions of this Declaration, it shall be the duty of the Owner, including any builder during the building process, to at all times maintain the Lot and any improvements situated
thereon in such a manner as to prevent the Lot or improvements from becoming unsightly; and, specifically, such Owner shall:
(i) Keep the grass on the Lot properly cut with such regularity as may be reasonably required in order to prevent unsightly growth of vegetation and noxious weeds.
(ii) Keep the Lot, including any drainage utility and sewer easements located on the Lot, free of weeds, trash or construction debris and otherwise neat and attractive in appearance,
including, without limitation, the property maintenance of the exterior of any structures on such Lot.
(iii) Prevent the existence of any other condition that reasonably tends to detract from or diminish the aesthetic appearance of the Subdivision.
(iv) Cut down and remove dead trees.
(v) Keep the exterior of all improvements in such a state of repair or maintenance as to avoid their becoming unsightly.
In the event that the Owner of any Lot in the Subdivision shall fail to maintain his Lot and any improvements thereon in accordance with the provisions set forth herein, the Master Association,
after approval by a majority vote of the Board of Directors, shall have the right (but not the obligation), by and through its agents, employees and contractors, to enter upon said
Lot and clean, repair, mow, maintain or perform such other acts as may be reasonably necessary to make such Lot and improvements situated thereon, if any, conform to the requirements
of this Declaration. The cost of any such work shall be and constitute a Special Assessment against such Lot and the Owner thereof, whether or not a builder, and may be collected and
enforced in the manner provided in this Declaration for the collection and enforcement of assessments in general. Neither the Master Association nor any of its agents, employees or
contractors shall be liable for any damage which may result from any maintenance work performed hereunder.
7.02 Damage to Common Areas. In the event of damage to or destruction of any part of the Common Areas or any improvements which the Master Association is required to maintain hereunder,
the Master Association shall repair or replace the same to the extent of the availability of insurance proceeds. If such insurance proceeds are insufficient to cover the costs of repair
or replacement of the property damaged or destroyed, the Master Association may make a Special Assessment against all Owners to cover the additional cost of repair or replacement not
covered by the insurance proceeds or against such Owners who benefit by the Special Assessments if less than all benefit. Notwithstanding any obligation or duty of the Master Association
hereunder to repair or maintain the Common Areas, if, due to the willful, intentional or negligent acts or omissions of any Owner (including any builder) or of a member of the Owner’s
family or of a guest, tenant, invitee or other occupant of visitor of such Owner, damage shall be caused to the Common Areas, or if maintenance, repairs or replacements shall be required
thereby which would otherwise be a Common Expense, then the Master Association shall cause such repairs to be made and such Owner shall pay for such damage and such maintenance, repairs
and replacements, unless such loss is covered by the Master Association’s insurance with such policy having a waiver of subrogation clause. If not paid by such Owner upon demand by
the Master Association, the cost of repairing such damage shall be added to and constitute a Special Assessment against such Owner, whether or not a builder, and its Lot, to be collected
and enforced in the manner provided in this Declaration for the collection and enforcement of assessments in general.
Article 8. Remedies
8.01 Enforcement. Each Owner shall comply strictly with the provisions of this Declaration and with the administrative rules and regulations drafted pursuant hereto as the same may
be lawfully amended from time to time and with decisions adopted pursuant hereto, and administrative rules and regulations, and failure to comply shall be grounds for an action to recover
sums due for damages or injunctive relief or both, maintainable by the Association on behalf of the Owners, or in a proper case, by an aggrieved Owner.
8.02 Grievance Procedures. Except with respect to default in payment of assessments and resulting remedies under Article 3, or any other “Exempt Claim” as defined in Indiana Code Section
32-25.5-5-4, prior to such enforcement the claimant and all other necessary parties must comply with the claim and grievance procedure set forth in Chapter 5 of Article 25.5, Title
32 of the Indiana Code, to the extent applicable, and such requirements shall equally apply to all Owners, the Association and the Board of Directors.
Article 9. Commercial Development
9.01 Primary Drainage Easement. Developer, as owner of the Subdivision, hereby grants and conveys for the benefit of the Commercial Development, its owners (“Commercial Owners”) and
the association formed to own, manage and operate certain common areas within the Commercial Development (the “Commercial Association”), a perpetual non-exclusive easement for drainage
over and into that certain pond located at the north end of the Subdivision (the “Pond”) and all associated drainage lines, swales, gutters and curbs running thereto (the “Primary Drainage
Easement”). The exact location of the Pond is identified as Common Area #1 3 on the JG Village Section 1 Plat and associated R.D.E. and B.M.P.E. areas per the plat thereof, and Primary
Drainage Easement shall not run across or into any Lot except with respect to platted drainage easements.
9.02 Primary Drainage Fee. The Commercial Association shall pay ________% of the maintenance, repair and replacement costs for the Primary Drainage Easement, the Pond and associated
drainage lines, swales, gutters, curbs and other facilities, including such costs for the stormceptor and the compliance with the applicable BMP Manual, as incurred or as reserved by
the Master Association (the “Primary Drainage Fee”). The Master Association shall charge the Commercial Association the Primary Drainage Fee as part of the regular assessments under
Article 3 hereof and may budget for such amount in advance. In the event that the Commercial Association fails to pay the Primary Drainage Fee within 30 days of the due date, the Master
Association may bill the Commercial Owners directly on a pro rata basis based upon the square footage of such Commercial Owner’s lot divided by the total number of square feet within
all lots within the Commercial Development. If any Commercial Owner fails to pay its Primary Drainage Fee assessment within 30 days of the due date, it shall be considered delinquent
and subject to the remedies and liens set forth in Section 3.10 hereof.
9.03 Residential Parking Easement. Developer, as the owner of the Commercial Development, hereby grants and conveys for the benefit of the Subdivision, the Owners and the Master Association,
a perpetual non-exclusive easement over the area known as “Residential Parking Easement” over the real estate located in the Commercial Development described on Exhibit C hereof (the
“Residential Parking Easement”) for parking for guests and Owners of the Townhome Neighborhood. In addition, all Owners of both the Single Family Neighborhood and Townhome Neighborhood
may use the Residential Parking Easement for the purposes of the use of the community building which is part of the Common Area.
9.04 Residential Parking Easement Fee. The Master Association shall pay an annual fee of $____________ to the Commercial Association on ___________1, of each year, beginning with the
year following completion of construction of the Residential Parking Easement to be used by the Commercial Association to establish a reserve for future maintenance, repair and replacement
of such parking area. The Developer may further define the location of the Residential Parking Easement in its plat of the Commercial Development and such plat description shall supersede
and replace the description on Exhibit C attached hereto.
9.05 Parking Rules and Regulations. The rules and regulations concerning the use of the Residential Parking Easement are attached on Exhibit D and incorporated by reference.
9.06 Amendment. The terms and provisions of this Article 9 and the Parking Rules and Regulations may be amended from time to time by mutual written agreement between the Master Association
and the Commercial Association, provided the same do not violate the PUD Ordinance.
9.07 Commercial Development Declaration. Except as specifically provided herein, the Commercial Development is not governed by this Declaration. The Commercial Development shall adopt
its own declaration of covenants, easements and restrictions to establish the Commercial Association and, as required by the PUD Ordinance, establish its own architectural review which
shall not apply to the Subdivision.
[ SIGNATURE PAGE FOLLOWS ]
IN WITNESS WHEREOF, said JG Village, LLC has caused this instrument to be executed by its duly authorized representative this ____ day of ___________, 2022.
JG VILLAGE, LLC,
By: Republic Development, LLC, its manager
By:______________________________________
Lawrence M. Moon, Chief Operating Officer
STATE OF OHIO )
) SS:
COUNTY OF LUCAS )
The foregoing instrument was acknowledged before me, a Notary Public in and for said county and state, this day of , 2022, by Lawrence M. Moon on behalf of Republic Development,
LLC, an Indiana limited liability company, manager of JG Village, LLC.
_______________________________________
Notary Public
County of Residence:
My Commission Expires:
This document prepared by: Christopher D. Long, Esq.
Krieg DeVault LLP
2800 One Indiana Square
Indianapolis, Indiana 46204
I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security number in this document, unless otherwise required by law. Christopher D.
Long.
KD_13882793_2.docx
EXHIBIT A
[Subdivision]
JACKSON'S GRANT VILLAGES SECTION 1
A part of the Southeast Quarter of Section 34, Township 18 North, Range 03 East,
Clay Township, Hamilton County, Indiana, more particularly described as follows:
Commencing at the Southeast corner of the Southeast Quarter of said Section; thence South 89 degrees 37 minutes 50 seconds West (assumed bearing), along the South line of said Quarter
Section, a distance of 630.77 feet to the Southwest corner of a 1.84 Ac. tract of land recorded as Instrument No. 2014-030597 in the Office of the Recorder, Hamilton County, Indiana,
and the POINT OF BEGINNING of this description; thence continuing along the South line of said Quarter Section, South 89 degrees 37 minutes 50 seconds West a distance of 440.00 feet
to the Southeast corner of a parcel of land recorded as Instrument No. 91-030071 in the Office of the Recorder, Hamilton County, Indiana; thence North 00 degrees 11 minutes 07 seconds
East, along the East line of said parcel, a distance of 986.00 feet to the Southwest corner of a 0.138 acre parcel recorded as Instrument No. 92-025467 in the Office of the Recorder,
Hamilton County, Indiana; thence the next two (2) courses along the lines of said 0.138 acre parcel: (1) North 00 degrees 10 minutes 39 seconds East a distance of 1.65 feet; (2) thence
North 89 degrees 22 minutes 45 seconds East a distance of 198.69 feet to the South line of Jackson's Grant on Williams Creek, Section Five, recorded as Instrument No. 2017-054815, in
Plat Cabinet 5, Slide 758, in the Office of the Recorder, Hamilton County, Indiana; thence South 89 degrees 39 minutes 47 seconds East, along the South line of said subdivision, a distance
of 518.00 feet; thence South 00 degrees 20 minutes 13 seconds West a distance of 354.96 feet to a point on a curve concave northeasterly, the radius point of which bears South 89 degrees
39 minutes 47 seconds East a distance of 25.00 feet from said point; thence southeasterly along said curve an arc length of 37.63 feet to a point on said curve, said point being South
04 degrees 05 minutes 27 seconds West a distance of 25.00 feet from the radius point of said curve; thence South 85 degrees 54 minutes 33 seconds East a distance of 30.39 feet to a
point on a curve concave northerly, the radius point of which bears North 04 degrees 05 minutes 27 seconds East a distance of 124.00 feet from said point; thence easterly along said
curve an arc length of 8.12 feet to a point on said curve, said point being South 00 degrees 20 minutes 13 seconds West a distance of 124.00 feet from the radius point of said curve;
thence South 89 degrees 39 minutes 47 seconds East a distance of 219.83 feet; thence North 45 degrees 20 minutes 13 seconds East a distance of 35.35 feet to the Westerly Right of Way
line of Spring Mill Road, as described in Instrument No. 2012-022601 in the Office of the Recorder, Hamilton County, Indiana; thence South 00 degrees 20 minutes 09 seconds West, along
said Right of Way, a distance of 101.99 feet; thence North 44 degrees 39 minutes 47 seconds West a distance of 21.92 feet; thence North 89 degrees 39 minutes 47 seconds West a distance
of 115.83 feet; thence North 29 degrees 39 minutes 47 seconds West a distance of 10.97 feet; thence North 89 degrees 39 minutes 47 seconds West a distance of 108.02 feet to a point
on a curve concave northerly, the radius point of which bears North 00 degrees 20 minutes 13 seconds East a distance of 176.00 feet from said point; thence westerly along said curve
an arc length of 11.53 feet to a point on said curve, said point being South 04 degrees 05 minutes 27 seconds West a distance of 176.00 feet from the radius point of said curve; thence
North 85 degrees 54 minutes 33 seconds West a distance of 228.72 feet to a point on a curve concave southerly, the radius point of which bears South 04 degrees 05 minutes 27 seconds
West a distance of 124.00 feet from said point; thence westerly along said curve an arc length of 37.18 feet to a point on said curve, said point being North 13 degrees 05 minutes 21
seconds West a distance of 124.00 feet from the radius point of said curve; thence South 76 degrees 54 minutes 39 seconds West a distance of 140.81 feet to a point on a curve concave
northerly, the radius point of which bears North 13 degrees 05 minutes 21 seconds West a distance of 176.00 feet from said point; thence westerly along said curve an arc length of 41.24
feet to a point on said curve, said point being South 00 degrees 20 minutes 13 seconds West a distance of 176.00 feet from the radius point of said curve; thence North 89 degrees 39
minutes 47 seconds West a distance of 96.37 feet to a point on a curve concave southeasterly, the radius point of which bears South 00 degrees 20 minutes 13 seconds West a distance
of 25.00 feet from said point; thence southwesterly along said curve an arc length of 39.27 feet to a point on said curve, said point being North 89 degrees 39 minutes 47
seconds West a distance of 25.00 feet from the radius point of said curve; thence South 00 degrees 20 minutes 13 seconds West a distance of 148.14 feet to a point on a non-tangential
curve concave easterly, the radius point of which bears South 89 degrees 39 minutes 47 seconds East a distance of 74.00 feet from said point; thence southerly along said curve an arc
length of 40.85 feet to a point on said curve, said point being South 58 degrees 42 minutes 26 seconds West a distance of 74.00 feet from the radius point of said curve; thence South
89 degrees 39 minutes 47 seconds East a distance of 228.15 feet to the West line of the aforementioned Instrument No. 2014-030597; thence South 00 degrees 11 minutes 07 seconds West,
along the West line of said parcel, a distance of 314.16 feet to the Point of Beginning, Containing 11.894 acres, more or less.
This subdivision consists of 19 lots numbered 1 - 19 all inclusive), 4 Common Areas labeled C.A. #1-1, C.A. #1-2, C.A. #1-3 & C.A. #1-4. The size of lots and width of streets are shown
in feet and decimal parts thereof.
EXHIBIT B
[Commercial Property]
EXHIBIT C
[Residential Parking Easement]
EXHIBIT D
[Parking Rules and Regulations]