HomeMy WebLinkAboutDeclaration of Easements + CovenantsPb
i
f_
v
200100014129
Fi i ed for Record in
HAMILTON COUNTY, I DIANA
MARY L CLAR
DEC COV R ES 8. 0
DECLARATION OF EASEMENTS CDVENATS ANDRE5TRICT��NS
FDR MEAD U'�VLARK 4FFi[�F' p e u Tr
49 DECLARAIION OF ED,:Rcjaratj0n,,,) is Inade as of thisNM�
day of (the
LL , an Indiana limited li a ' ' �� 00 bD a-aba
WIMR]EAS5 Declarant is
x lcles
° d w Ito Coin i
Olar Office Park )) m
recorded m �Ir.
0 � Indiana, a copy othe Office Of � eRecorder
ed hereto as Ebit t,,r y ('T1at-)-
WIMRtAS, Meadowlark cons"StsOf five l
ots each
office building otutd On it and Declarzmt cont Of wbich has had or ill have an
the fut= be under scparate that some or all of tile IGtS Will
WHER-EAS, Declarant desires that.Meadowlark be
pi t to a gene,.aj plat, of d c10 evelop�d, Operated and rna� `
ed
as fice Pafk which may be ex e development to be known
Meadowlark Of azded frorn t�me tO time by the additio3a of
parcels of real estate, and that Meadowlark m
o � obi c t to �r
case-melits amd operatmg
NOW THEREFORE, M consideration of the .lots wig Madol Mgt elt here declares
��� � �c1�� �'� f`e=4that
t�� gas � r�, �t � sold) ��n� � ,
Covenants, conditions on - e l d sub • r
ons, and CUMmbrances c0t1tained herein, all
with the l`
Definitions.
(a) "'Archtectur-al tt111 - e sal ne on below. i
ttee described in
'(b) :"'Assessraenes shajj .t mew tax share of the �� .
ota r Special assessments, 'Inpo ed on each
3 h reo * pant tc) tile provisions o f Sec
ola
(r-) -"_A"ssQc'at'0.n-11 1sW1 mezm the napr Est
formed or to be formed under P
Act o 1991,amended. ion rot o
orate o,2
(d) "Board"
a
e' Board of Du"CC.-t-ors0 F
If
0
VAW
office buildings built or to be built on
d wig Meadowlark.
C'ComraonExpenses" shall m can the actual and . .
estimated �� f��- � cntena�n �,
rnan ag mon operation, red a � I mP ro v ent andreplacement
Facilities, and any other cost or expense ino cd the .
. , Association �n ��� benefit � � �
Common Facilities or for the benefit of the Association or its mnb ers F
(9) "Common Facilities"' hall mean thoseportions � s of Meadowlark which
intended for the general ti c, raioyment, convenience and hc nofit of Owners and all Occupants
hcre,m to defmed and weir P erm1ttee (here ma er deli n e d) , including., but n ot limited to:
All parking areas --
All roadways and drives (excluding
am e s and ingress and egress to from the Lots
and exits to and oln the public roadways and street •
Public roads) to provide vehicular
and Buildings, including entrances
OR) All sidewalks and walkwaysProviding
M e adol ark
p pedestrian ass to d within
areas,OV) All landscaped planted areas arid undeveloped areas which are
located in Meadowlark but exterior to aay Bull din � .
(V) All curbs; h9hting standardspaving,dumfacilities,-
�.nd p�t�� and trash traffic' o ti onal s i and trystripingand marks;
1 s t orrn water drainage facilitiesnot
ta.d by govemmntal or
quasi -governmental entitles.
The CoMmon Facilities shy e ludic F
•(i) AnY Pottions of Meadowlark which may, O'rn time to time, beL occupied
by any dedicated public street or highway;
GO ide aiPatios ra • lon to or
cent to a Building h
r�s�r�d for the j lu��� use �� n�� or Occupant- -
any o f a building.
Arcas adj a� eat to buildings which e Association underreasonable, and
nondiscriminatory rules and regrulallons d6ctcrrnines S h o o
ld be maintained her an
Owner.
. All Buildings 3mcludffig the land and nea
th B uil digs .
It
"Development P ri d" shall mean the per od of time comm=cing on
the date o
thLis fclation and ending on the clir of January �o0 or the datc. that fivegs
have beDn constructed and are available for occupancy.
(i) IL&I.
tD j shad mean a parcel of areal estate that is designatcd on the Plat as a lot
such as Lot 1, Lot 2. etc. and which is indicated on the eado rlarl Development P 1 an to btA the
site for one 1 oe building.
0) "M eado l ark Development Plan" shall then the plot plan attached hereto a
Exhibit B which sh ws the design o f the drives, p am areas and some o f the . other Co=on
Facilities.
(k) "Memb erg � shall mean a member of the Association.
(1) i `Occupant" m shall mean apion or legal entityt 1 entitled to the e '
it
a and occupancy of any B uil iing or portion thereof in Meadowlark under rights s contained in
any easy or s ilar a reet'n t+
(M) `g wner� � shall generally mean De l arant or any other Person who may
in fee simple,except'
in any Person holding title solely as security for a debt,
(ri) ; T errnitte r" shall mean any Occupand and any of i c er direao r employee, � oyee, anti
contractor, customer, invitee, licensee, vender, subtenant or concessionaire o f any Occupant,
Owner, or of Declarant.
(0) ``Person"' shall mean any indiv ideal, corporation, partnership,iability
company or other sumlar entity.
(P) 6`elated Pam' shall mean any entity or company � more thn fay -one percent
(51%) of the ownership interest is held directly or indirectly by Declarant or inemb ors of
Declarant.
2. rix
cyanlzation and Duties of Association.
(a) rvani I zation ofAssociation. The Association s11 be organizedg
as a not -for -
profit corporation under the laws o f` the tat c Indiana, to b operated in accordance
.p� the
Articles of corporation which have been filed or will be filed by Declarant
and the Code o
By -Laws of the Association. The membership of the Aso c iati a n shall consist of one
lass o
voting members. Every Owner, includffig Declarant, hall bc a member. Membership shall
commence upon � c an Owner and shall t=inate -upon ceasing to be an Owner. In the
evtmt that any one Lot shall be oncd by more than one person, r trustcorporation,
� � p � �
or other entity, they shall be treated collectively as one Member for Voting purposes.
Notwithstanding thin herein to the cones, dig the Development Period,all action of
the Association shall requirr, thew prior wntt n approval of the Declarant,
4
X
n
(b) Oti hts . VO dng rights s hall be on `
Pr -op Gon al has is b ased
vOtc Per Lot. -ProvideLL however, during the Developm,,-.t
Pcriod shad =prey cntati o wins
be a r��rnber of c Board of Directors o '
f the Ass o is .on o long as Winors
Realty, LLC rem i an Owner or ii the Qonfxat purchaser of a Lot. Declarant s
-nht to appoint the other mernhe `s of ffic Board of Directors of the Association. hall have the
(c) General Duties of the Association.'
�. � � � �s huh auo�i �� t act and
shall act on behalf ` of, and the name �a � individual
, d stead o f, Ownersa��matters
� crta�n�n �� t� atnanc � a� a��
dr-term.nation of a roc c ent�, o f the Common Facilities,
F , and the collection O annual and ia�
Neither the Association � ���.
nor its officers or anthon c d agents shall ha
vc any liability whatsoever
tc) anY Owner for any action taken under color of authon of this Declaration
to t � � aon� or for an, failure
action called � � for � this �clarat� on , cs s snch act or r '
of willful f' lure to act is the nature
or r s s sire Bard o f the rights O f the Owner '
int�nti Ox�al frax��in I e- , s � r � the nature � willful
, Or rc ss � ondut�
(d) Amendmen -P
'n of Declaration. The Association shall have
the t to amend this at an ti �c� and �� t to �� �n accordance section of sDeclaration.
(e) Insurance. The Association shad .
atalu in force adequate publi Iiandi
The Association may, but need not rna�nta damage � i .
w force ad gnato f�Ic r and directors
for errors and onions cocr�.na the officers insurance
b the Board, the Association. a�s� Ana' - � wed
. intaLll in force ad qu atz ire and extended coverage
.�`anc�, surzr� alb Common Facilities against fir �dst
d such c�� vandalism, malicious mischief
r hazards as may b e lnsurab l under standard Itextended coverage"
provided, howover, the Association shalt not be 3
The Ass o c iat on shall n o ti all mortgageesIn 'nsuranCe On g
�}� h have re nc '
cancellation or i � � � quested notice of any lapse,
n�at�r��� o���a��n � and �nsan� �Iic . �f available
a determined on a r ason 1�1� basis
� � o at-, l � � ��� cs � f insurance shall o'
wherebythe sir c nta� endorsement �r fans
r waives any right to b subs t ed to a l � i officers, Boavast Association, its
� members, Declarant a�rant, �� � .
rt romans er their respective ml� ccs and
agents, tl�c r d occupants, d. also waives� '
a� defenses � a s � � onco-insurance or on
audit an
*siug from acts rc
-, and shall cover clams of on � or or
.
other insured arfi s. ��� a a�st
If obtainable on � � reasonable hasps as ��t
. d b e, Board, tho Association shad
matntam a fidelity fond Mile iP/jn g the Association th •
fay �oa�� � theOwners for loss of
rs ultra from u dul cnt or dishonest acts o f any ai_rector, officer, mp l o e or ' an on e
who �icr handles- or is responsible for funds held or administered � 5
her thr, Association, h ccr
or not flacy receive compensatic)n for their ServIces. The fidelity bond should cover the
niaximuin amount of fands whieb willbe in the custody Of the
Association or its management
agent at any time, but i no cent shall such fildelity bond coveraor
e bef less than the sum of on
(1) car scssmcnt on all Parcels in the Devi � ,�t.
l o�n� �n�� plus ,� ;ems o��at��� s reserve ids
0,
0,
e Association shall cause all inurane Policies and fid-6noJity bonds to provicie at least
ten (10) days .vmtten notice to the Association, azd all mortgagees ho have reu�d such
�o� c, before e policies or fidelity � .
or substantially m0dified
for any reason,
Transfer of Control of the Association. Declarant shall relinq-Lusb its right to
control the Association as set forth in Section above as soon as i practical earl -
Of .�u1 0or the � ��� t�� ar��r
date that five Buildings l dings have been on i t d .
and are, avail ab l - for
�����# �r��r����, b�r�r, fat ��� arelin ugh .
t in its sole discretion. at an
(9)
joffifly g gnos shall have � �� at �Lr
ally, to pay taxes or other charges have become a charge against the Common Facilities
hi h arm- in default or bdh r
apay overduere on
P hazard
insurance policies, or secure now hazard Durance coverage on the lapse of a policy for the
.Common Facilities, and mortgageessuch payment shall be owed irnmediate
reunbursernent from the Association.
3. Covenants ff)r Maintenance Assessments*
(a) PAss%
s levied � theAssociation had beWr
used for the Associationts obligations relating to the ' •
... Fro ent, reperg, operating, and
maintenance oe �rnrn�n Facilities ����� but not limited
insurance �� �t� t�, t�� �a��nt � ta. arr�
thereon, reasonable professional fees and Management
es and for the cost of labor,
u'P ru nt, mat n'al , and management furnished with respect to the Facilities;
that ���u �z�rt��, �r��d�
e Association shall not b e responsible for the r
..es ant. repair or tens of amy
dedicated which are or hereafter may be to the public. To the extent scrvis
or products are being provided by any Related P'
ate, cost � " u�� services or ro du ct shall
not exceed rproi ar'�t rat for �
covenants and agrees to pay to the Association:
G) n Dual Assessment for Common Expenses based . upon such ��
s
Prorathar(as de n d ed, e established, � determined
to
time, as h rcr as er provided.
(ii) Special Assessments for
Pro -rats Shaxe (as hereinafter defined)
time, as her mnafier provided.
Common Expenses based upon such Owner's
f i, tab lishe d� and dtrrnme d from to
Liability for Assessment, Each Assessment together g er with and rntrret thereon
and any costs of m 1 l ti on there -of, �n cludin atto F fees
. � , l ba liar on each Lot and
hall con stitut� 11- en from and after, the due date thereof in
favor of the Ass06 ation upon each
such Lot, Each such ss� snent, together with an interest
. * .rn and astsof 11tu
th�re o �', 1 �ln U attorneys' feUs, shall also b 2, the�r
� onal obligation of the Owner of e a ch such
Lot at the tffiic WhenthLe Asc s ant is due. The r :
personal obligation ate n ' delinquent Assessments
I
11
shall not pass to any successar in title Ualess such obligation is exDressIv as suxned hv such
u osRM LYr.
c Pro -rats Share. The Pro#rata Share of each Owns
r for purposes of this-
Seefion.
shall be based upon the ratio Of the gross square OOta e of the B i }
loatd such Owner's
Lot to the total gross s qu are footage (including all floors and basement,- •
ngs
which have been constructed within Meadowlark and which
are subject to Assessment a
Provided Belo ("Pro -rats Share"). For purposes o this com nta
'Pi p tion, the Building on Lot I shill
be
deemed to be 1 squarethe Ming on dot 2 shall
deemed to be 8,000square feet
and the Building c Lot shall b deemed to b 1 000 square {
{ ��et� _�rhe Building �� ��t �s
pled for a r Ill liT f 12,000 square feet and the Building
nn Lot i planned for
�rnur of 1 � 0 0 0 square feet. The dal grGss care foots •
�I �� r �� il�g t� � hu�lt on
Lots 3 5 shad be determined by the Architectural Control Comrmttec as a part of its, approval
of building plate as described M Section 5 below. sip the Buildings on Lots 3 and 5 are
onstructed to the rn aximum siz e, the - Pro-rata She as si ped to each L of
poi complration of ill
Buildings would b s follows:
Lot l = l . %
Lot 2 = 1 l .7 %
Lot 3 17. %
Lot 4_26.47%
Lot 5 — 26.47%
Assessments for a It shall comnce as of the date(I.LCO
Date") a certificate of
OccuPalacy is issued by the pproPri ate govemmental agency for tho
Budding on such Lot; provided �
howee, asoccu ied prior to the
Date such that the Owner
or such Owner's Occupants or P �itteo are using the o won . .
. �aci��es nor to the ate
(excluding related to the construction of the ui 1 - F
. , � ssooiaon may require the
Owner to commence the payment of Assessments prior to the date. In the event a certificate
of occupancy is no longer required by the applicable government '
rr�n�ent �go� pnr to occupancy of
the Bui l i n , Assessments for the Lot shall commen= upon
n the date the Building is first
occupied and used as an o c building. Annual Assessments for
a
Building i�` dais �r r��n
s completed shall e pro,ted based upon the number '
Assessment year that fall after the CO Date or earlier comm=crment date 'if applicable).
P ri Qr W thg- date that all u�il have been completed and are subject j �
}� �t to assessment a
Provided the preceding p ara raph, the Pro-rata Share for each Owner
shall be computed with
rc fern o e to the to to 1 grOss Square footage of Buildings which have
been completed and are
subject to Assessment. Lots on which a Building has not been completed as described in e
preceding paragraph shall gcacrally net be subject to Assessment• rev* wry
r, the
Association shall have a the right t a e p%oe I es s rats a s nst such a "J
i . Lot m the event the
Association incurs costs or expenses a a result of an olatior, of its rules a
.d regulations or
this Declaration by the Owner of such Lot or its Occupants or P ernihtt-,cs .
d Basi s of Baal Ass ssments. TheB o and shall establish .
areal b udgt or to
the b C� ing of each s cal ca; setting forth estimates of all common
pnos for the coming
fiscal year, togetihQr with a reasonable allowancAl for con=90jaciesAssociation. A copy of tbis budget shall be mailed or delivered to each -Owner prior to te
being of each fiscal year of the AssociatiGn.
Basis, ()f Special Assessnts.d
t at any tie during the fi^
al Ud�te.at e nsufficicnt AMAssessment ��� � � •
pqy the
o rOu ExPenses for such year, the B od may,at an
y time, and from time to time levysuchL
special Assessments as it may deem necessary for meeting the Cor=on Expenses. In additior,
th.e Board sal have pit to leat and
� t � from time to tiMC5 onc or more
Assessments fir PNsOdeinspecial
whole, or in pa, any unanticipated Common
Expense not provided for by the
dual Assessments and may levy special Assessments
otherw'
Ise provided in
i s Declaration.
M Fiscal =~ Dat5 of Commencement of Assn
ssmentsLDUe Dales. The fiscal ypm-,ar
of the Association shall be established by the Association and may be changud from time to time
by ac�on of the Association. Thkna annual A-s
sssmcnt shall becoine due and a bl�
cO�ei.n Othe date fixed beAssociation,
� �
but � � � ��t � � � � t ���� �� earlier -
than
tr plays after Witten n o is sent. Amual Assessrnents sal be dui and payable �n fill
as of the above date, except that the ]Board rn 0rn time•
t� �� � ��s�1ut��n ���� the
payment of such Assessments in i,nstallm nts.
(9) Duties of the Association,
i The Board shall keep proper books and records Df thr, levy and collection
of each annual and special Asscssment
mcluding a roster setting forth thu 'Identification
of each Lot and each Msessment applicable cable thereto, � , h books and records shIi b
et by the Association and shy be available for the Mspection and copying by each
-
Owner or duly authorized representative entati e O f an
. i Owner) at all reasonable times d�
regular business hours of the Association. The Board � •
. shall � eau written n�t1 r, o�' �l1
Assessments levied by the A s s o ciate �n �n ��ts
and upon the Owners to be mailed
or dIiverd to the Owners or their des i ate d representatives
as promptly as practicab 1 e
d in any event not 1 e s s than days pn or to the due date o f such
any ins all cat th r o . In the Uvent such notice is •
mailed or delivered less than thirty
(30) days pfior to the due date of the Assessment to
which such notice pertains, an Owner
shall not be relieved of the obligation to pay but p aym ent of such
Assessment shall not bo deemed past duc for any purpose` id by thr, Owncr within
rfty 3 0 days after the datc o f actual m ai li � ' or de 1 i very
o' sub noti.
1Association shall promptly fmih to any Owner or any mortgagee of
anY Owner upon request a cerinficate in writing signed
setting forth the extent to which Assessments have been levied '
d witb respect to
such r r s is or .ort pis Farce+ s to a person r
• � F � � th�r�, such
certificate shall be conclusive evidence of payment of an A_Ss ,ss
ant therem stated to
have been paid.
{
i
M1-
i i The Association shall notify any mortgagee from which I has received a
request for notice of any default, in the `or a nc
� by =y Owncr of and obligation
under this DecIarati are bi h is riot cure � �` d �
� days. _
�h) -Non-r)avment of
s s os sents;
,emedies of
sociation.
W If and Assessment't paid on the date
n due., then such Assessment
shall be deemed del quent and s.hall, together with any interest thereon and any cost of
o l l ccti on thereof, including attom s' fees become a continuffig anon the t agat
which such Assessment was made, and such lien shall be b- ding upon and cnforccable
Un
as a personal liability of the Owner of suob Lot as of the date o levy of such Asscssment,
and sbali be enforceable against the Mterest of such
rnchr and a,11 future succssors and
assignees of such Owner in such Lot, and shah b
collected �' the sarne manner as the
Assessments describcd in paragraph i i h ercof; provided, however, t such �i en shall b
subordinate to any mort aur on such Lot r r •
prior to the date are which such
�s�ssrr��n� h���rncs ��,
ii If any Assessment or any installmentIf payable in stalltnnts upon any
fat is nit p ai d Mtn i � � s ���
du c date such As s
collection thereof, includiiag attorneys fees shall b
�i�1ii i ,� interest rur� t� ��
r qu�nc until paid at an annual rate which is tW0 des the rate
aeffect for r inet _
t Trash B ill s at the time s uh A s s es sent is du
but in u o ev gut scat cr the
the maximum rats allorabl under an a lica�l lass Association the s�c�at�on may
bring as action in an cow i �� usury n-urisdi ti ors a
apt the d llnqucnt ONvner to enforce
payment of -the same and/or to foreclose the lien against said
Owner's Lot� and there shall
b� added to the amount of such Asscssm ant al
l costs�� such action, �n�u��n the
Associationago s f s d��� t
nt i u dgm ent i s obtained, such ju ent s hall
lnde sub torea csis rnatt�efees �
and all other costs of collection includ
appeals.g any
Jon the fails to a on� �
r more installmr-nts of an Assessmenthe
Association shall bave the right to accelerate the a •
payment apt �f 1 rc� installments.
(i) Ad. la thr, scut that the amounts
actually expended by the Association
for Co=on Expenses in any fiscal year exceud
r-aounts budgeted and acsscd for
D -1Qn Exp ens s for that fiscal YOU, the amount of such deficit shall be camed Ocr and
become an additional basis for Assessments for the following ���� sad year. Such deficit may b
recouped either b
In lu ion in the budget for Dual Assessinents or by the making
more special Asscssmcnts for such pose, at the option of e i
� Board. � �t mat e
amounts budg ct d andassessed for Common on es i
� fiscal year ecc�d amount
actually expended by the Association for Common E cn
� s for that fiscal r
shall be alp l i cd a a� such excess
st ion ins �s for � nit � s '
l year, applied to reserves, refunded
to Ovvners or other -wise allocated for the b ene t of the Owners
0
4. Buildinurs and Restrictions.
im
(a) D cs i an and Construction. Any Builders now or hereafter construoted withiia
M ada wl ar - shall be de i cd, constructed, and Maintained so that the extelior elaons of
11
each shall be arcbitecturaUy and axa� ' i
xasthCoti 1 compatible with the other Buildings within
Meadowlark as wed by the Architectural C012trOl
below, � dui �t�t� ���ryi��d �Section
aid c�t�x�i�� � nor Buildings ents
existing. Buildiiags
shall be. of first class quality and In c OmPliano a
with all �liableand all on o�t
ovr ances and laws,
(b) tat]n n Mmber of ` Bui
13ui l cgs in M ado l ar withThere, shall be a maximume (5)
�� more tin ���(1)isudiBuilding on a� Lot. No � into ��r dot or aril �r the ��� �I ��
� ��� of �r�at� addi�i��al bu r site.
(C) LtRilims- Each Owner of a
Lot shall pa the cOst� o •
otu, main tarn d rF - � ��p ons rble or
o ' the ooe � a tie for water, ��, gas, d telecommunications andwer cab l eCar �eia
shall pay all charges for utility services for such Owner's Building.
fOr such -Owner�s Building.
(d) Outside SWrage. Outside storage shall n of normally b allowed
adol Meadowlark; Provided, this shall within
not a�� �� ���t�� ��l�� Association ha the rift o t t and the Association shall
commrr ainta a st�ra b.ild for '
o-v Facilities. The r � - �� � en � � to m aintain the
to tanal Control Or .itt c a
outr�ic storage subject t� all a � t � dr�r�tion, ally limited
� ���ioa�l� local � lay..
loatod d screened � �. t�ra shall }� properly
a required d b the Architectural � � p rl
01 o tte,
(P-) Restrictinniz. Thc: NlOvving uses shall be prohibited Meadowlark:
0� arlufa�, sty or dig -
e l o i distribution o products which
�� ��` radioactive hazards on adjacent a increase r
distribution,� gut �r � u�a t�
Of hazardous material, s tit 7 storage or
= is defmed Section, he O l aou anap 11blfederal, r��
al, scat or local health safe
in
regulations; r eutal laws or
Gi) Any business or rats
r, WrU ch creates a public or private nuisancenoise, or causes errussion of dust3odor, smoke or gases;
Any residential dwellings;
(Iv) AnY amusement or game rooms or siulilar establishmcnts clud+ d to, the u.s e of p b allmachines,el in
t
t nIc games or similar apparatus;
(v) A massage parlor or similar facility;
5
(-vi) The salp OT disDIa O�� or"'adult,: Pornographic or ��ult . at�� .l} and
(vil)Any brit, -
LmProvement
r use wilich plates the a l i s ordano or any other a Ii a 1 1 a F
(f) Except as Othenvise approved b the sson •atio� t
.
r landscaped areas be atadR&nni
'
wilers snau iiot rjaakc rcpairs,
replacements or alterations of any Jandscaped =as without the written consent ()f the
Association,
5. Architectural Control.
(a) COmDoof ehitec] Control nmmittee. During the Devejorncnt
nt i C0mmitter, shall be appointed �
� P t that during Development �� Declarant,
nt Penn one of the members of theArchitectural
Committee shall be representative Control
p tie of Wins Realty, LL o ion
remains er, o�"(1'0 � Wings Realty ��
contract purchaser er of a Lot,Thereafter,
on tro 1 o�ieArchitectural
shall consist of at least wee persons name '
the Association. - ors '
(b) Architect] Control Committee nro
' ' i al. All buildings, strum es alterat�ors
additions } ir�p �� � rr�cn t , construction or -remodeling - � }
mcludin
landscaping,drives-ways, iDar area fighting,
"L C the character of tit
approvedb the Arch ittct Lot) }ill � �
���� � o c ��i�� t�Commencement
provided, howrya arequired� ' construction,
ppr� � I shad � b forimprovements
aProad 1 be o�� � ���l�i� �
bt �d the following l owing manner.
(i) Pnior to obtaining detafled architectural
�l�� ���' ��` ��� dot a� its
arc��� �r ��, o �� shall �� t to the .
Architectural Control om,..� � rein
ren��� ��` �1 sons, � rely ��' � � �y n �
� � flan � a riot �� ��o � a otherwise
approved bthe Architectural on�o l �
�rr1tt�e� ��� �� shall suhstantiaHcomply
ie MeadowlarkDevelopment ��
� roh�tetural Control Committee shall
iffiin thirty 0) days der rcecipt of such plans
either give
u}� � lane �o � i��("Initial
written approval indicating
this D e la tion Approval")
��c�� �r � err disapproval
specifically ally stating the reasons for such disapproval.
1 motor obtainingthe Initial Approval of the rotrtuxaln
Committee, the Owner shall submit to the
oh t ral OntrOl onunitte a s itc
d a s�� � got o f dal 1 �l
s and specifications (the " "Site Development "�
soin the sip and - ��nt ��
location of each building and other �ro ement� � building
elevations, am areas, ea, et or sina �exteror lighting, � 'as d
other landscaping, a , site ina
utilities .. .
ash storage and hang facilities
hi ouI ar access t� d from the t � i -
. � i �� �na�� � color � �t���r building
materials, no later thin the ate n� huh such � Site colorne-ut Plan is Submitted to
the aPMPri te govemmental agency for it
s approval. Within thirty 0s air
receipt of the Site Development Plan, the
Architectural Control oie shall either
e 'ts Attu aPPrO al thereof <"Final regal"or•c IL d-ia royal
specifically statCP
incr the ryas on for such disapproval. In each a � , proposed
improvements, construction and other site orb
� well t� n��'s use of the Lot
Est comply iall applicable ias� ordinances, � regulations
. " _ � and with and specific
standards or � 7 � #� anons contam'-12d in this d
In antion, 1 actual
Construction,
++
X.rorL•k on, Y111p1 oY 1 1 � enL and r4t1 l er site work shall comply with tie Sitt DC-eelo meat
Plan for which Final Approval is -i ?erg. �
I
Gii) In the event an Ow=r requests the approval for the
installation of innproerr�ents or amenities ation_ or
reasonably determines is
Or Srill be for the fit of that ,
f �rrf` all
wither Meadowlark the' Ass n Fiat * may ��
require that the Owner constructing or
insWlment the improvements or amemfies be responsible for the maintenance
thre 0 f. e Association reasonsucfailsably � repair
and m t an such n rovem • � Wn 0 r rl reps
P ants or nits En , the Ass ociati�
repairs� rnamt�n � t� � � performed n �, cause proper
and charge the costs tO such
Assessment.Owner as sal
(iv) The B o ark S1bave the nht
tO mOdifY the procedurcs set forth above
and to adopt simplified procedums for imroverrruts or modifications that do not
InvO lve the cOnstruction of a Building or y
for �romints ��modifications
B o� � ��� � � �� �� t olve s i that �� e
significant additions r modifications
Facilities.
. Easements.
(a) Easemts`
c ces s, U s an ass a Automobile Der hereby reserves for itsclfas
mIIinf
as owner, and hereby its to all �r�r �� �s, � �`��` the use o�' thcir reowners a�� �r��ts,
�t��r� ��itt�s� ire omman with all O' use the same) non�lusirnrthe entitled to
over thas cportions o f the COmmon FacilitiesfrOm timo to time paved, t
improvedintded for phi ul ar �pedestrian .
egress and for the pare 1Df vehi it a�, rss and
o s regulated b y reas des and
by the Association. The initial design � a�os aaptd
� � �..rrv�� and parking is set forth
Development l ant on the Meadowlark
shall �a�s� as��ts � �nst��
�rchi Cl e S in ar`�as � i �h are not designed so to it the r� of
ed for parking, such s lands ca
facilities. pd amas and drainage
Notwithstanding e foregoing,Declarant arant and the Association a
get t l �.� � Sri �s � hereby reserve Of th o on Facilities for such , � •
as a b� lcail necessaryso���� �� ��` periods of time
t rev .vent the acquisition of '
however rt� r hts by an on e i ro vi
tit p��� t� 1osg oNrtiunmGnFacilities, - � � ��
Declarant or the Association shall = provided,
written u� t� ��1 � �h�r ors � � inter
and shall coordinate suchclosing with the oth tion sc) to do.,
�r ��r s� that �� unreasonable interference ` the operation Of any Building sha0l occur. en with
ur. �trths��in the r�s�rati�n herein and the tight to �t as rn cnts., it is ein prD i d d for 2
s sly and crstoo d and agreed that such d
the r� t to taut a s emn is �i s iirrrit� � r� � a� ou and
d t non clus ire us e . o f the surface
the right to it or cause the ejection
�` shall ha
je#ion `� the Common Facilities iti �s located ate
0 f an p r on or ers c) s r� t d on suchowner's Lot
� �t auth��� er�Powered ar �iil�� t� • i •
� � �s � the �� �u a �trs .
(b) Utilities_
r General-Utijitv Lines. Drlart
hereby r r s fc),' itse ` as
and hereby ants to each Owner, for the u an Owner,
s �f th�r respective ��ts, d for the
use of
i
their reectir, anti n
.. n �l�i u der easements nts u
Facilities fir e installation., operation,_ �.�-o�. �mm
on
rel o ti on and removal off ` utili e lin
and passage, use��nt�nan � � repair,
for anit� mains, electrical power h sewers, toa
m's, water and gas
. uniatio, telephone lines and other utility
Vines for the PUrp
Gse ()f 170 l a utility
Facilities. Ajj of Such � sewers to any Building and to the ocIn � �a�n � lines � �#"
r�nd�rou.�d and shall not be l� reasonably possible, ��
Lot. and enjoyment of any
ii Future ti l its �� z� _ Declarant
here-bY grants to each other hcreby reserves for itself -as an Owner,'atd
Owner, for the use of such Owner's Lot
Occupants, nonexclusive easements under and across
Fc1lities fir ass of in t �n�n�n
Of t common utility • � pipes, � a�d_�na�n 3 not art
� ��� �s inn �ntrra�t�� t t _ �
� hydrants therefor, i a � provide g� water r 10 o
for, electric power, other forms of
signal, tClehOnC nr�, able teleco�atiOns
a�.�.tar sewer � storm sewer ari � � �`
present r fa i i ti { au of th rM� to or from any
't MeadOwlar } ll such
1m� �hall, �f �ra�r�a�l �� • � Ps , s ewers, � ain s and. rbl, b undergo n d and steal l
Interfere� t�� �� � and �Owner's
not blocated sto
� �� ant of �r rner' s Lot.
e to atic)u Of all easements of
_
1� character rid�� i� � Section ��allbe ubjttoth�riOr written approval, � illnit b=easonab� withheld or delayed., of eclar tdu�ncy d thereafter the Board or Architectural on �ent e►o
Ittee. Any
Sri a such casement shall, at which
d ��• ��� �t and �
'Ommu Fafliti if affr tcd b n , restore the
o substantially the same �nt��n ormamtmauce Of such � facilities
existed before the Ommn ment Construction# in GlU ding, without limitation f' t
# the restorutI On Of Pav cl-ment,
(c) CEasements-. Declarant a`ant hureby rus ewes for it4f �
s� and �nt �f l �t��r n� non anOwner d the
nonexclusive e easements fOr the tern or
the on�n ���iti�s ern t�n� t � use of p�rtlons of
time for t}� prose of the Buildings development,
�nt�
�n �r reconstruction a �p r��d b Declarantthe Burin th�� Development andtherer be Board
Co
gri n rF ach nor shall exercise such
manner which shall not result in damage
�n�p roerra ants Ofnth cr 'not �r � n,� � t� t�� Buildings �r other
auY Owner, and shad interfere with
� �r nor business operations conducted
within Meadowlark. The exercise of .
shall bi t� its rf�rr�d t� �n t Section
n confo � with thm pro ,siOns of this c
Declaration,
An Owner i
��n to make use Of this '
On t o tion Easemelit shall first obtain
rx cn appro�� al of ` D el arant i` dn thDt�� ��� r
� ���� ��t �' ��i � and required t�t��
prior approval of the I30ard 0x xchit tural cntw.Owner af�n
formation rca Onabl D larart �� t�� Boardh .it all
� � ArchitecturalControl including but not luit�d to all c .. Cori ce,
construction plus, ut�l� pla�s� sent ��n�r�l
b used clog or tru tion 1�� -� t
rmenc ent andcompletion times for on s i
trash c o nta��t d �� gal l ass for � on, plans for
n riodiic clCanilag of mud and othcr materials
frw,,
d % d streets and protection of the Commou Facilities and other Buildings. Such Owneir
shall maintain at all times insurance coverage ac eptab l e to D e l art duting the Development
en'od and the Association and such ffisumnce shall, where VPropriatc,name ne.clarant,
Association and adjacent Owners as additional insurcds .
(d) 12ratina erneats. Declarant reserves for itself and Uae Association
casements in, upon, over and through the Cocoon Facilities for the purpose of managing,
opratin , ma t n reconstruct and re a the Common Facilit��s urs ant to the
applicable provisions of this Declaration. Declarant and the A'ssociation shall use reasonable
forts to exercise or cause . the exercise o � such rights in a per designed to minimize
irate -,r nce with the other Owners and Oc%cuparit's business use thereon.
(e) Exof Easements. The exercise of ` the casements ganted pursuant to this
Section shall he subject to the following provisions. -
The Owner of a Building which has the e clusi � use any of utilitieswhich ar
y
not maintained by any utility compan or goveramental entity shall be rrsponsible for tht
d.
ins tall at i on# maintenmce and repair of all drams, pipes, conduits, cables, mains azid lines
and related equipmunt used or installed by the such Owner to service such Owner's
Building. Any such maintenance and repair to be performed upon the Common FaciEties
shall be performed only after two weeks notice to Declarant or thi- Association
of
sueb Owner's intention to do such work except in the case of emergency,and any such
work shall be do -no without cost or expense to the Association and iu such manner as t
Maus e as little disturbance in the use of theCorn-mon Facilities and all other Buildings as
may b c practicable
reasonable
under the is st ces. Except in the case of en er �n
such
Owner shall provide to Declarant or thc Association an information requested and
comply it
all r as o nab le requirements of Declarant or the Association mcludina but
not i t to msuranc arran the completion of sa such work, the Owner sal
restore the Common Facilities affected by such work to the same condition as it was
before the ec= en c ement of ` the work. Installation of any utilities wi the Co=on
Facilities shall be subs yet to the prior Wnttcn c ons e t of the Declarant dui cF the
Development P nio d and thereafter the Association which shall not be anal
withheld or delayed, such that utility work will be performed in a manner that will
m inimize interference with the ether Buildings within Meadowlark.
(ii) Ifat any time, an O was r desires to move or relocate any utilities located
within casements granted pursuant to this Section such Owner shall have the right to
relocate such utilities only With the prior written consent of Deolarant during the
Development Period and th ereattur the Association which shall not be unreasonably
withheld or delayed and rn Compliance with the requirements imposed by Declarant
or the s o i ati on and such r 10 C ati o n. shall not M'terftre with or diminish the utility
f
services to any other Building or the Common Facilities; shall net reduce or
materially impair the usefulness or omen on of utilities serving any other Bach cr or tb�
Common Facilities; and shall he performed without cast or p ense to any other
Owner or the Association.
11
v
Any relocation of any easement shall b
ade at theexpanse � nix
requestingrelocation.��relocation.-
(v) Each Owner a e t!s to use comm=ially r
kmoasonable efforts in the exercise
Of the nghts and ea cments grantcd in Us Section ' .
1 mid or damage to the
Common Facilities and all Bufl dsd will repair'
Facilitiesor any Buildffigs and r =p
P o f an other rs t Ong the use of such
easements, Each Owner agrees to use its reasoliahle best er
thift�. rights and
as nts tented in this Secti011 in such a inariner as to ' i e
interference with the
use and e j oYrnent of other Owners, 0ccupants and Pennittees
7. Use Of Common Facffiti .
(a) Alterations tc) CoTrmian Facilities gem,ent. The location of and area
allocated to drives, sido-�walks, entrmces, parking areas and ruts Of ingrrwss and o,cs within
e Conunon Facilities shall not be materially revised, '
during the Development Period from that providedn this Declaration as shin t
Meadowlark l opm nt Plan, without the consent of theDeclarant '
Period d thereafter e Association,n the p
merit
(b) Mam'tcnancr, of C ' i
lifix%s, The Assocration shall rnaintain the Common
Facilitics On all of the Lots in good condition and repaT3 OrdinairY
Maintenance is to include, without l i ti othe following:
excepted.
y iMaintaining the paved surfarcs in a level,
condition " the t
ype of surfacing rriat {
all rr►stall �d �r sr�� �.b� a�
s 1 alb resp acts b c e q u al or b er m quality, €.
� � us �, an `���1�
(ii)Except as otherwise provided in this Declaration,
and snow, mud and san debris pers, ice
, filth d refuse and sweeping the area to the t
ryas onab 1 n es s ant
� to keep the arca a clean -ord rl y conditi on;
Placing, keeping -in repair and replacing any necessary appropriate
directional sips,
markers lines i r l d'of .
.7 In sP cy o f the pares areas, and marks
service ., fire lanes and access roads'
(iv) pra ��
, ping In reair and replacing, � � r�
h�necessary, such aificral
1' ght' Facilities as shall be rcasonably required, -may •
0wner to maintai� the lighting on such Owner's Building; at
aini.un cy, Mowing, weeding,
and rpa all landsc
aPed arias and makincy all replacements ements and a1tcr ti ous of trees
bushes ors becis , ass and oth.�r Jands a incr
� -is necessary;
�
I
N
(Vi)
the operation
enclosures;
ti
4
Inspecting,
spec rcpaumcr and. maintaining machinery and .
O�` te �r�n�n �acili�i� i + � Tused
in
�, r� � �� tray dumPsters and ,
du'D s ter
(vii)
Inspecting, jnaffiMMMCr r • .
drainage s � red1 In storm and anita
system rr storm grater � as e tr electrical, i atzon systemst cal, gas, water, tzlephone and
, h�eh arc not required to be �, a i
therie i �atad ba par�cujer as
r�
ded in this Declaration; and
z Maintai ni,, red a - -
. placing all elt exterior fo
cre�n which is not required to b���� �
mamma ed by a particular
provided in s Declaration. ownerth r is
Provided) hOWCVer, each Owner of a Lot that has not been develoi s c Cheri r- no t suhjectp th a l�� ass esmat� hall � � r�� � ns ��
d u��c �f ��� � responsible for the proper mt�r�a�c�c
. Lot until the eo ncerrjeut f
ratenac Assessments, r Such Lot. Pro
all �n ludo keeping weeds and a der
the e ��xt an s o e r 'trash and deb '
� �r o f und�el�pe� �ot �'ailtOmaintain' r ��. Ia
Properly soh ��t, � ��ar•�
g1 e w1tttn nOtico to such Ownermay
scc'fn the deficiencies and in •
within l ich -to rernd the dcfi ie a reasonable e me
nc��� note �n event � �
<ieficiencies set forth in thLe notice - er fails to remedy the
the Board and shall l have the, r ht tO
. c i t suchoh c cfbill all costs to such Owner. Any such cosh les and
Assessment a a st such ���ss� ���ris Section shall constitute a special
Provided fijither, during the c0listruction of any Building, Declarant orAssociation
may regiuirc that then er vro in the
� the � ens t�� �� eir ��
the Association for costs for t responsible for or �reirnburs
r ��, r���ao ���, �a�nt��auo� o� can ' •
related to the construct* r actsm or the like which is
c� ��' that Owner fficluding but n .
daacd Pavement r landscaping,�� �tc� to r��a� ��`
r��ra1 ��' trash, removal �` mil d
areas rcrnal` sirnnt drainage debris from paved
�a s st.s � restoration of parking are as .
Declarant or
a turd party may be a� inted a
s an agent o � the �� ��i� e ���n Facilities i s M the er a abO `
r �a �� -the r�� � �xt�rned d receive all
cat fie included in e r,
atlcmcDt o� tract with D c c l an t, elated outati on Of OMMon Expenses. Any
-
management fees that e omparablo with other � or o to er third pshall provide for
termination
ro
� a e eat companies for s i i iare i flow for eation of the agreement F .
than(30)daysnt bar the Association with got mire
notice.
(d) Rules and nlan.'mayromtimetc).
aad non-discr=natory ruics and re.�adopt reasonable
Sul ate pus to �� use, an � �
aoil1ti aid t astthe �ati Ll Yment of the Common
a � �� out � duties u���r this Declaration. o
the c t s and re latic)ns shall be r p of
Provided to each n r. The rubies and ro
include a provision that the Association g ans a
sal] h� .� � to �c a e��al
are Owner for cosh �n c� � � F � Ass., against
the Association for repairs or aunt
Association b virtue Of such Owner's b�rcac nan"'o c d by the
b ��` ,� rr���s � rlation or this
Declaration.
0
•RUT 'State Taxes endAssessments&-
(a)
l art and - all OwIlers
]tea '11tu ally cc)( -rate d
� � Sri � ryas �na�� �f�r� �� �and thc� respective
have each Lot assessed a
taxes ases s m vn and each separate � � for real ������
Owner shall pay all real estate taxes
the o�on Facilities locatcd on uassessed�� the portion �`
h ncr } .Lut. the event all or a
�'ailxtis are assessed a separate portion ��' t��Common
� parcel, 'the ,so'ation shah the
and include such taxes art of thQ o taxes
(b) An Owner may, at its Own c0st and by appropnate
amount o any taxes separately assessed a proceeding, Ont� s t the validityor
against such n�r� ��t* the ant
and assessments a rD assessed aimste, COMmun real estate taxes
parcel t� � � � gat i�� 1�a� 1 �� � r� ties as a separate, t�
� t� contest ���� assessment.
9. snignsi
BuIldln g 'Pxfr.1Jor. TO the extent � r
p�rn��tt�d � ���1��b1� �nta� la
regulations, each Owner hal t - - s and
lord CXter"or building i c)n its such �� that such �� � a � � Building Provided
subject tO the prior mitten approval •
orr�ittc, r�i h a �� � � �' � 'h� tectraral Control
approval Shall not be rasonab itblae
such signs � good � � a�� ��r shall m� ai
condition and repair. l
lot Indemni tionAn urance,
(a) hndmnlatinn. E2ch Owner shall ind and sae all �
tho Ala �n � ela�� � - .. �' theother ens
anni s om any and �� all bih
action, slits, claims or judgmentspexpe se us"
�n ink fry � � �r�er�al � n� , death,or property darnage and
-Or-cun-mg on or from such wnr s Lod except ` caused the Will •
another per, l a t r 1i Place Of
(b) .�RSll���, .
GEach ovmcr shall ire urr, and a' '
the te� fi �ta� � l forced erect throu �o ut
s Declaration n�r�al ever - ..
a� l ah � r u au e, in ludin
,} � end � entraetuuT 1 ia� i � � t in�rr � r ena�
`rsnal ink death or r arnage, insurance st eas
amount - Of nit less � n� upon,oc
about � �� � an
F Million Dollars 1,o00,0 040 or iniurY to or death of any
One R; n Million Dolls 130000. 00 or Injury to or death of more than
(1) ersOn In the same a id t or ue n
u rene ;and Two Hundred Fib Thousand Doll
ars
(S250�000.00) fOr ProPlearty damage sing out of any one a ide
owner a ohc nt . Any
,� � ��s �t� �tiss r stated limits , Provided
brl�a policy" � � � �� per es an
�J t cqual to at l east -twice * ice e i
er SriAtro 1ii is required
very fifth year dig the tear h erc o f
Association shall
I
have the right to r nL'ru an ins
reas theIke
s tat d limits canner ' '
he�'� der � t� �� �� reasonablesuch p ��� ��. required
stated limits under such s=lam policies of •
roxjuLred to be - and tenants O�" office buildin
value located t, sizas -reasonably e and market
OPOIi Indianapolis
AssOciatiort. Each
fro y Owner shall provide the Association With
i
ucst to evidcnce that such ilasn-r'an a may be Witten additional � f'Orc . Such
inSUrance carried by the
Cr WhiCh may cover other • addition coveredPrONAY b this cltio row'policy
refit of Declarant and the Assoc -a coveragerovides for the
in amounts not Ies tllzLn the
requirements set forth herein. All insurancem coverage
��� �r���� that t� canceled or altered without th' may not be
� � prior written n � tip tO the Association.
(h) all t'M s dui the tc -
. ! ��` this Declaration ��� �
i m rovemmts on its t insured sur d � shall keep
evei ins' l�s or day bre d �t �t as �� s�r� � apt d- ��r �i�s and
r a casualty prop rr o iI '
surance to
be not less than ninety ant) of the Ul r lacy
improvements. cnt cost of tLic cured
�Policies Of insurance provided � ��� this
Section,
o, e- ct for snbpaa
phb(*i)
above:, shall nameDe1`ant��ru Development eas additional insured,and each �rod and the Association
certificates a iden h �r sal provide to the Association, copies of
c fact that sx h ins
a ha s b cen obtained.
OV) ThLe 111sumnee rcquir=ents of this Section 1 and ..
) may be
satisfied in whole Or in part under any plan of self -ins •
maintained by a �nr r t�rr t e
provided ��r � sly'-n '
the s atin such shall give a sttm ant to
self- M , and has and m aintai • .
less than Twenty Ilion dollar ns a mourn net worth of not
Fivears($5,000 nt cuirent assets
5000-001 ASSOciation and and that such Owner shall '
o theallwn owners evidence
of such
assetat such � as �t �� e�' s net od net current .
is tO s if i uir and on or before
rn ot r t fini al sta �r�l � � f a� year. T�
t etn nts audited , b an
independent Assoc' xreasonablyacceptable tot��
Publi accountant
-net cent assets. �icidn
of its not worth and
11. Eminent Domain;
(a) D s mud ou. b� condemned r tan and �tnt t.
vcnt that au Of the Common Facilities
shall
na��� �destroyed � u��apth��� , �r xt� ute sawc shall bpublic
the Association , steal I '
lai.n� inand r�r� � � �a t�� n��t to ass a
negotiations: msurance ad ustmrnts settlements
0run e ti on with such nndr agreements
a . , wag r, or destruction With respect
or d nag -Cs that the Association rn t� a� re' sed costs
der as a r sult of
- a such con ll,"Tama.a �r shall responsible�� Pursuing his aum action for d aI a cr � s to his Lots either b
1
L
V
1'cLLs0.n of "Trot damage thereto or by reason COmmon Facilities,impa=eito da acre to the
(b) Tq�kinildmgs- Lf MY Buildings or •
takcn in condewomnatioll or �nt.n�nt ����� r� Lot pzal]
r�storo the � ecdr� s and the Owner elects to r
u��d, such �on.s�ution shall betheprovisions �u�ld �
of this ti o n Mthe sarlac manner as original unstrxotiOu, In the event the or ���� �� rebuild � restore
the Building,
Promptly remove the ]Buildmg and
tray h and CitHe�' landscape Or pave � b�s �
d stripe the Lot a rO-To
e with the rcasonable
requirements of Declarant during the Development P iod and thcr
Ownershall o ommeo a-tr ate. An
within one damaged Building or rev
hundred twat(120)after .thy • i P uts
removal and complete u-ch wdtk within nme (9) months algentlY Pursue such restoration or
��' ���� rr�n that Owner shall ha reasonablet ��` �r except
a teusiOn Of brae if it h�
di l i entl orb d is
. � }� � �rsul� restoration �r� or �eoa1 efforts, Owner fails to comp i the terms of
Section, the Association shall have thewith
right �� r� ro �r�ts
and all costs incurred in dog s of properlyrestored
fall ho � ���i sit against personal obligation of such o gainst the Lot aud shall be. a
1. Generalft
The- Association shall bt-, entitled t
F ID �lafOrC the oo nant � Conditions imposed under �r i� accordance � F � r�so�on�
. with � �lara�� and �� ursu
provided this Section and an thr rights and remedies
��� �h � r�rr� � �� available
Declaration 0r at law r to the ssOciation under this
cumulafive4 no one - � � �u��• its d remedics Of the
Associafion shall be
nght or remedy shall be construed as exclusive of am
of � r� right �r r� �t��r, and the exercise
7.� � � � �� � iati � shad not r� i
ht or rrr� t 1 utfrorn ` s otr
the same or any uhso ucnt tie.
r0tooti � �`�.�foregoingdedication � '
cc) a ants are tO run with the land and , 6 on and
lai� Ohl b hi�d�n �u l part' �
t ern until f s P all prc)ns
. � �� the date hro
coons i , at hiell a said oonts or
I be auto ati cal extended for -
ods 0 ChZLnged by the j o Oto Of the Members. invalidatic) en f t= (10) years unless
cOvenants by .Indpt o a Cow o COSn Of MY Onc or jurisdiction
more of these
tent shall in no a affect o c en ant or rest i of i on h steal remain of any ()than
force and �"� ot.
1. ssinn t,
(EL) s I. -
assigns,, transfers ��` conveys �t r1 prht tit � or
shall pro Sri d that the transferee shall- tars its Lot
r���� the o�l� a�ions ��'
Dcltion, Soh Owner under this
14. Damaae or Destruction,
If anY Buildings or ro en nt
F Lot are damcod or dcstroyed }
casualty, the Owner of such Lot shall either or � ��
the condition existing immediately prior to repairstore th �. s n e to
� the o�u� o� such casual or (b) if such Dwner
Clects not to rebuild, thr-n the Owner shall restore the Lot to a neat and orderly cond"tion
portion of the Coon Facilities that are aff
existedccted r �unl c econdition s
1n ci r event, such work shall b.
rqucmcnts OAssociationPerformed accordance the
as sit fh in this ni .
Sections lrt� but not limited
15. Default,
Unless Othmrwisc Provided in this Decl.
t��n and except in the ant of an emergency,
r1c, Ovme-r or Occupant hereto sball be wed to be in default under this shall Agreement until such or � �pant ha �� � tten notice describing the name
within fifteen(15)after therc � � breach .�
ript a f such n oti c ,9 or such l o� er '
otherwise a be provided � this Declaration,����� of a
hall have failed to oury such breach
a e reasonablyrequires a longer e 'fiftuenss sash
(15) days, ' I
Owncr Or pit shall have commenced such c= within
diligently ding to Coraplete, such cure. 5) day period and is
I. Notices,
Each . request, n ��r� �1 � r other �� � �n
foregomg ' referred t �f notice") f th..
that Declarant or an �r is r '
other ��r h�l � �� � �ritm � � i �ue d to ie to an
sent by either o m i ht delivery s ervi
is made only u��n r�l t � c � , alongadelivery� d by the addressee, or certified r' e
rcqust �sta � r� ���. � ���� r� relpt
Each Owner shall provide the Association I its notice d
the tParcel,es s at
�t Purchases its � shall ��
sr fin, event then b notice
Associ ti on does not have on recur
Own�, the s s � l�ti � � notice ���s s for any
n ina s e the d r s s used by thelocal
fir ail real estate t. assessment Oe
of real estate taxi bills. of each `
Declarant � note scut hrcur�dr s�� a�o � s ant to
�� the �1or�t Period. Unless specifically stated to the contrarylscrh�ro in this �`crr�,out, noticeshall he digmade
ors may h e , un the dat the is ��.t�
sent provided above. th � event anOwner
nourmb tr its Lot h a - mo a and notice shall
� s�� fact his � ��� t�
oof and noticeo�` punts due � i Declarant, � a
or notice o f default rent d to such mortgaging
ads o bsent to its ort�a � ��` requested � ' •��r shall
�n s mortgagee.
17. i!!his of Successors.
The c ents � restrictions,, benefits and
obligations
br-nefits and servitudes with the L
ots in Mcadowlark.
inure to the h n rA t of each of the Owners the' e ti B
successors and assips, Sept as otherw'
ise noted hr
.
1; Simrular and Plural;
hereunder shall create mutual
This Declaration shall bind and
heirs, r pr sent Live s lessees,
The slur number 1'ricln �s thePlural and th auk'
ins gtndcr nclud s the fern i� and muter Gender, and vice versa.
I
aeadinus,
The headings hereEn are inserted no way de Calera and fo'..scribe the scope orr r ' r � and in
terms and provisions hereof., lntcut of this dOcument nor in auy way affect the
20. No Pa ership Joint! Venture fficinni.
Nothing contained in this Declaration sLall be COnstrued to make Declarant, the Association or
party is 'rgations agents piers or i flint anti. or t
o rrndcr any such
PrOv'isiGns Of this Declaration are intended to crrate third Party
beneficiary h err -of unlessallother, except as Provided in this Drclaration, and no
t t t
21. Severablifty.
If any provisions of this Declaration shall, t� and �t�r�t � �
Ar ai i i(Ori valid or uncn for cab l e
the application o Such ,�
respectother than thosc,- in h it iinvalid or nor circumstancesO Persons or
and each p�'o ' i abl shall not be, affected
his Declaration shall be 'vales
Permitted law, and MOr Cable to the fulles ex en
. Governina Law.
of Ind This wed and 0 rned accordance
lai atat
23. D e!ji c a �ti o n.
NOthj-ng herein contained hall be deem ed to be a
�'adO 1 ark t the general �1 �r d� on of alnv art (3f
whatsoever, It b r 1ulrr ub
� �t�nt��n ��` ��larant t � � Iipurpose
and ' that s D e lamtj on shall b
oe herein express rd, Fuerma lit
may d ' t F except for any uti Hdedications n
f its Lot or publicoa � r
P ���t � Co
M ant of the Association,
40 lintentionaUyleft I)Iank]
25. Non -Waiver.
The failure, of Declaraut or the
� is on to uaSiSt On. S ,
t*-0 . o cn ant or on di i Orman o any of the,
Dc , aratjon sal not c� deem
ed a waiver of any ricr
les whicla Declarant or the
Oany hoc-ation may have hers
n of b vccmed a waiver'` atlaw r
s ub ca uer-it breach or once i ti ons , aul t any Of such terms, COS
elluants, or
IF
F
26. LA stuDinel Cerffjicates,
The Association shall, from t'mc� to t"Me (but z10t Iu()rc frequently than once in (6)
Month period), upon not iess than ce, exe=tc and . p �ix
.such , a ceriHicatc stating that this Declaration is '
Iver tO an Owner, or
t� �� � unr� � �� �� or, modified,
statingbf,,en sent to � and ��� �� ��� �� � � � � �' �notice
other �er b� � lain � � � '
Declaration t � Owner � z�a default der t}�
�` d���n lspecifying such default.
. Force Mai eu re* -
The time within which Declarant the Assn latic
n or any Owner hereto shall b r uired
t� Pr�'cr are at der Declaration�t�er �
t� � � arnent � ` ���� � ill be extended
a period of ti-me equal to the number of days dig which the performance 5
unavoidably rover�t e d or F ��` �}� apt ��
d lay d, or hindered b acts o f God, to {
es and disputes � + � F f ���� � al elements, labor
only the v nt such sues ()r 6splutes
or ornisstOns Of such arty, its agents, representatives, contractors5 subcontractors
arts o#� are or R drfense �� ������
conditions, , acts o public ieenemies, ord erg
gover, Intl requirements �r�n � � � � � � mot,
is and r tri do , Or Other causesi filar t '
within th� r as onb 1 �("'Force t� ire � � ��t
co n tro l of u h per Maj a rre".
4 Hazardous Material*
s used in this AgrrrMent$' "Hazardous u iterial
sy' -shall mpan hazardous, toxicor
�'a d i o a tisubstance, material, attr or atwhich
r es T&atd by any f'edral
state or ' local law, ordinance, order, rule, gelation, code or any other 0vurme �tal rc
or requirement, d shall led g � t r �,
asbestos, , petroleum produets and the to "
Substance"' and '"HazardousComprehensive
� � ��� ��
IM
u�
a t ll a dew d in the Cow r hensi a Environmental Respons'W,
COmPensation and Liability Act L , as amends
esourcc ona�n end �� bets �� �ammed, q
eq . d 1indi ana �iron nta42 Section � � et
Protdtion t, a amended, I.C. 1--1-1 t20-34.
In no way liong an Ommer's duties and obligations as set forth � this Declaration, if
the PTCSence of and Hazardous Material within
Meadowlark caused ens
by any
dOwner or its agents, employer r
, onfor contractors, or subtenants(ccIlectively""resuIis ongent
nation of pc)on of the Iadolar an �1and
atmosphere, � �� t� Meadowlark �
or any grater or waterway r a(inGlud"if caused by an Ownel.
ngr�u�d at�� but �r�l '
or- its ageats), r if contamination of any one or all of the Lots or any part of Meadowlark by any
Hazardous M t n'al s othervvise occum for whit F
er i s Otter " e l all li able
�a a � s r � ul� t�e���(thei' � �l��t' or
ix Owner") , said P o l luti
�rll emnify,
SaV1,21 harmless and defend all of the non-polluting gowners, their agnts, Partners, officers and
directors from any and all claims., demand damages,
uit, proedir7gs� action, au � ati�n a� 1
(includimg, � 0ssus ofand d kid of` nature
i trout linr itat n, d nu i n in value _ r
f the non-polluting �r Lots or the
as f� t loss resaitonn n the rentableF
r ,sable l spa r` of tha.
nor polluting Owners or their respective
Lots, and sumsn settlent of ` clams
� � fir
ttoms , fcOnsul Cant fees and exPext fecs which may arise as a result of such
cOntalaination). This mcludom.,s, withoLt limitation, costs aud
with an'nvestigaton of �rtdtiexPensesincurrconnection
roquircd by any federal, state or local ins or any l up3 re c dial9 removal or rest
oration work
over`nrnentat agency or P011tial subdivision
the pry ern c o Hazardous Mat en' albecause `
� �� �r about �� � �� � that
Polluting ter` its an. Wiwas caused or peittcd b a
ZD
Out limiting r tin the foregoing, I the
terial san or about Lot o��` Hazardous
,r win ad owl park caused or Permitted (excluding ground
watc-Ar) by any party hcreto results any contamination of any Lot the Polluting
��r �� �� contamination dal� �t � aanr aus m
ll
ns
as
d expensexc reasonably necessary, insdll actions required
by appropr�ate jun'sdiction, to properly i � �� ��� a�th�r� having
p rl reediat the contaminate
approval of the B o and o such actions �n� provided, ho r, that
ns shall first � � �� �� � i� � '
i ati ins conditions ' Mgt The agreements,
_ � this ��t��� ��I� � �-
of theterm o this cl ation+ � termination of or r piration
. Amendment,,
(a) This Declaratior, may be amended by Declarant or the Association
properly executed itnt�a record'nu a
at an time by Owners substantive r (3/5) eas scts ant
inat least tie -f h ` the v r h intionboe. Provided J� hocera no �datna cause aintur Orence with the casement
'
n ,
without either the ht tcd der t s l arati
�r� �r ant � and ��- affected �r - o�
asn� er�t �, �ht a� d n a sn� � t� ti on of substantially gal
o amendment than the r
tr-eta Ogg Percentage of Owner or '
Share �� �� � crt��n � � �
fall �� adopted ���t
Ln
Owners. ern ant f all
N Arnendmnnk bv Declarant Alone. Notwithstandit,
is r here c otiu'ae d herein for o iuor an HU1 cr
acti�� alone a�� r��h��� t�� ���anyothe �ave and hereby s�. the right d err
the Board of Directors an mart the Owners, the .sso iat'
} ace Or an Other person, except a r
or suPplement s elara�on �iu'opmc:nt F p � ����� below t� a�nd
is made (a) t Declaration nod if such arnendment or suppl em it
�n �t compliance with any statutoTy requirements, `
O pl With or sa s the requirements t
� t.� � and ` � ��� t��s -
o r org�ati on s which perform(or ry a v , in uran c rang bureaus
the future �r�`� - .
performed bsuch a n 7 P nouns similar to those
les or Declaration �r � clerical or �Opal errors in this
Exhibit hereto o�- su� ern ��t
orc��rr� � power�p �r amncnt thereto. f�-�th�ranc �
coupled With �n interest I` the
theherebyreserved b, and anted
� meant t� vote fair of, ` ��Owner t
subsection on bchalf of eacconsent to an h ��t �s��d in this
Owner a proxy or atto - -fa
rn a , trust deed, other - t, as c cas a mar be. Each deed,
evidence c f obligation, or other '
p� thereof shall be �ie� s �nr�t affect*
a Lot and c
�r �d t� � c a �t d acknowledgment
reservation Of, power t �nt� d a consent to the
Declarant to voic favor o make
enn�nts. ht o�` th1 a '���� � r�r� and ���
Declarant � apt pursuant t� rift rc s �r � �r ant '
subsection shall terminate upon n the � � . - granted d��r this
� �l 01, of the D Dve jorent Penod.
e
i
F
IN N"TNESS WAREOFF the D ecl amt has executed this Declaration
and year first above Nitt,:%a.
'r-D T"
DAUBY O'CONNOR LLC, an
Indiana L1`29td Liability Company
By: Y
Printed.- -:7.oJ �
Title.
STATE OF INDIANA }
SS:
COUNTY OF HAMJLTQN )
ce�No jc,
13efOTe me a Notes Public in and for said County d tat, personallyappeared
the. T-:r7 P
of Dauby O'Connor
company, who bring first duly sworn, ow 1 k d oro d the
ex e cut 1 on o f the foregoing M'Strum et, for and on behal f of said 1i ri trd 11i ability
Witness my hand and Normal Sea] this day of 2000.
My Commission Expires:
DQ f — %ql
(Signature)
���� Public
Mgut f Residence:
Printed
Thi-s instrument was pared by Job W. Van Buskirk
SMrrH, 50 South I 1rezt, Suitc 700, Indianapolis,,Indiana 46204.
: T06N cado lark Dcc] aratjDn-#Tision 5
r3
U
F
1
CODE OF BY-LAWS
F
MEADOWLARK OFFi PARK ASSOCIATION, INC.
ARTICLE 1
Identification_
Section 1. Faroe. The name of the corporation i "Meadowlark lark Office Park Association,
In c. " (h ereina fter re ferre d to a "the C oTorati on").
Section . Principal Office and Resident Ment.
office of the Corporation is 698 Pro Med Lane, Carmel,
Resident Agent is Sean o' on o r.
The Pot Office address of the principal
Indiana 46032 and the name of its
Section 3. Fiscal Year. The fiscal year of the Corporation shall begin at the beginning of
the first day of January each year and end at the close of the last day of Do niter next
succeeding.
Section 1.
ARTICLE 11
Shareholders
Every Owner, as defined in a certain declaration of covenants, conditions and
restriction of the Corporation("Declaration")
as recorded or
to be recorded in
the Office of the
Recorder of
Hamilton
County,
Indiana, and
the shareholders
of the first Board
of Directors of the
Corporation as specified herein or their successors as appointed under the Declaration shall be a
member of the Corporation. Each owner shall he entitled to one 1 vote for each office
Building owned.
Section 2. Place f Me et�, All meetings of shareholders of the Corporation shall be
held at such place, i thi l or without the State of Lndiana, as may he determined by the Beard of
Directors and specified in the notices or waivers of notice thereof.
Section 3. dual Meetings. . The annual meeting of shareholders shall he held on the
third Thursday in March of each year, if'such day 'is not a legal holiday, or if 'it is a legal holiday,
then on the next business day which is not a legal holiday.
Section 4. Special Meetings.. S Pe c I'al meetings of sharehoId ers may be called at any tine
for the purpose of considering matters which require the approval of all or some of the votffig
shareholders, or for any other reasonable purpose. Any such special meeting shall be called by
Wei tten notice, authorized by a maj on* ty o f the Board o f D 1 rectors o r h Y on e- thi r 1/ o f the
Lwn
Shareholders, delivered
riot less than seven days prior to the
date fixed
for
such meeting. The
notices shall specify the
date, time and
place of meeting and
the
matters to
he
considered.
Section 5. Notice of Meetin s. Written or printed notice stating the place, date and time
of a meeting shall he delivered or mailed by the Secretary of the Corporation to each shareholder
of record of the Corporation entitled to vote at the meeting, at such address as appears upon the
records of the Corporation, at least ten 10 days before the date of the meeting. Notices of a
special meeting shall also state the purpose or purposes for which the meeting is called. Notice
of any meeting of the shareholders may be waived in writing by any member if the waiver sets
forth in reasonable detail the purpose or purposes for which the meting is called and the time
and place thereof. Attendance at any meeting in person or by proxy shall constitute a waive- of
notice of such meeting.
Section 6. Voting at Meetirr
(1) Rights, There shall he one 1 person per Office Building as such term is
defined in the Declaration, who shall he entitled to one 1 vote at any meeting of the
sh .reliolders. Such person shall he known as the "Voting Shareholder." Such Voting
Shareholder may be the Owner or one of the group comprising all the Owners of an Office
Building, or may he some prs on designated by such Owner or owners to act as a proxy on his or
their behalf and who need not be an owner. Any or all of such Voting Shareholders may he
present at any meeting of the 'otirig Shareholders and may vote or take any action as a Voting
Shareholder, either in person or by proxy. Developer, such term is defined in the Declaration
(or its nomi nc e , may exercise the voting rights i th respect to any Office Building owned by it.
During the Development Period, as such term is defined in the Declaration, a] 1 action of the
Corporation shall require the prior written approval of the Developer or its nominee).
(2) ' Proxies. A Voting Shareholder is entitled to vote either in person orby proxy}
executed. in writing by such Voting Shareholder or by his duly authon'zed attome -i n-fact and
delivered to the Secretary of the meeting. Proxies hall be valid only for the particular meeting
designated thereon and must he filed with the Secretary before the scheduled time of the meeting.
In any mceting of the Voting Shareholders called for the purposes of electing the Board of
Directors of the Corporation each Voting Member shall he permitted to cast the number of votes
to which he is entitled, as h e rei n a h o e set forth, for each Director of the orporation to he
elected at such meeting
(3) Ouorumand di ourmnts. The presence in porso ri or by proxy of the Voting
Shareholders constituting the representation of a majority of the total votes shall constitute a
quorum. Unless otherwise expressly provided herein, any action may be taken at any meeting of
the Voting Shareholders at which a quorum is present upon the affirmative vote of the Voting
Shareholders having a majority of the total votes present at such meeting. ny meeting of the
Voting Shareholders, including both annual and special meetings and any adjoumments thereof,
2
V
may be adjourned to a later date without notice other than announcelnent at the meeting even
though less than a qu runn is present.
Section 7. f i s t of Voting har holders. At least five days before each meeting of
Voting Shareholders, the Secretary of the Corporation shall prepare or cause to be prepared a
complete alphabetically ordered list of the 'doting Shareholders of the Corporation and their
addresses entitled to vote at such meeting and their addresses. The list shall be subject to
inspection by a record Voting Shareholder. The original or duplicate Shareholder register shall
be the only evidence as to the persons who are entitled as Voting Shareholders to c aniline such
lists or to vote at such meeting.
Section 8. Action bv Written Consent. Any action required or permitted to be taken at
an meetingof the Voting Shareholders n ay be taken without a mectin , if ri�r t such acti�n�
written consent setting forth the action s taken i si ed ball tlle tin Shareholders entitled
to vote with. respect to the subject matter thereof, and such written ins t is filed with the
minutes of the proceedings of the Voting Shareholders. Such consent shall have the sane effect
as a unanimous vote of the Voting Shareholders.
ARTICLE III
Directors
cetion 1. Number and Terns of Office. The Board of Directors shall consist of three .
Shareholders each of whom must be an Owner of an Office Building or be an officer, director 4,
employee of Developer. The Directors shall serve without compensation unless such
compensation is approved by a majon'ty of the Voting Shareholders. The Board shall he elected
by the Voting Shareholders at the annual meeting and shall hold office untt 1 the next annual
meeting of the Voting Shareholders or until tlic it successors have been duly elected and
qualified. If a member of the Board of Directors rs shall cease to meet any qualification herein
required for a member of the Board} such member shall thereupon cease to he a member of the
Board and his place on the Board shall be deemed vacant. The Voting Shareholders may rerno e
any member of the Board with or without cause and elect a successor at a meeting of the Voting
Shareholders called expressly for such purpose.
Section 2. Vacancies. Vacancies occurring in the Shareholders of the Board of Directors
caused by res i L ation, death or other incapacity, or increase in the n a her of Directors, shall be
filed by a majority vote of the remaining har hol rs of the Board. Each Director elected to
serve a vacancy shall serve until the next meeting of the Voting Shareholders, or until his
successor shall have been duly elected and qualified. Notice specifying any increase in the
number of Directors and the name, address and principal occupation of and other pertinent
information about any Director elected to fill any vacancy shall be given in the next mail seat
to the Voting Shareholders after such i rierease or election.
3
(W
�r
Section 3. Annual Meetinjzs. The Board of Directors sdi ll meet annually, without notice,
it medi ately following, and at the sane place as, the annual meeting of the Voting Shareholders.
section 4. Molar Mectinu, regular- meetings shall'be held at such times and places,
ith r -within or without the State of 'Indiana, as in ay be determined by the President or Board o f
t
Directors.
Section 5. Special Meet i r Special meetings of the Board f Directors rimy be called
by the President or by the Shareholders of the Board of Directors, at any place within or without
the State of Indiana, upon twenty-four 4 hours notice given to ea li Director personally, by
telephone, by facsimile or her telegraph or upon three days notice to each Director by mail.
Notice of a special meeting shall specify the time, place and general purposes of the meeting.
Section 6. Waiver of Notice. Any Director may waive notice of airy mCetip in writing.
Attendance by a Director at a meeting shall constitute a waiver of notice of such meeting.
e ti on 7 Quo . A maj on' ter of the entire B o a.rd o f 1D i re c tors then qua11 f1 ed and acts n
shall constitute a quorum and be sufficient for transaction of any business, except for filling
vacancies in the Board of Directors which shall require action by a �n�,*or �f the � r ainir�
Directors. Any act of the majority of the Directors r tors present at a ineeting at which a quorum shall
be present shall be the act of the Board unless otherwise provided for by law or by these B -
L a s. A maj on ty o f th e D i re cto rs Ares ent m ay ad j ou rn any m eet i n g from time to time. N oti c e of
an adjourned meeting need not he given other than by announcement at the time of adjournment.
Section . Action b written Consent. Action required or permitted to be taken at any
mceting of the Board of Directors may be taken without a meeting, if pn4or to such action, a
Written consent thereto 'is signed by all the har ho1ders of the Board, and such written consent is
filed with the minutes of the proceedings of the Board.
Section 9. 1niti al Board of Directors. Notwithstanding anything 'in this Article IH to the
contrary, each rnernhr of the Board of Directors shall hold office until the earlier of his
resignation, death or removal by the Developer. Any vacancy created by the resignation, death or
removal of an initial Director foal l be filled by appointment of ` those initial Directors remaining,
after which the remaining Directors shall fill such vacancy.
ARTICLE I
Dffirs
Section 1. Number of Officers. The officers of the Corporation shall consist of a
President, a Secretary, a Treasurer, and such officers or assistant officers as the Board shall from
time to time create and so elect. Any two or inure offices may be held by the same person,
4
L
except that the duties of the President and Secretary shall not be perfonned by the same person.
The President shall be chosen from among the Directors. Officers shall serve without
compensation unless such comp n ation is approved by the Voting Shareholders holding a
majority of the total votes.
al'on 2. Election and Term s. Each oMcer shall he elected by the Board of Directors at
the annual meeting thereof and shall hold office until the next annual meeting of the Board or
until his successor shall have been elected and qualified or until his death, resignation or
removal. Any officer may be removed at any time, with or without cause, by vote of a majority
of the whole Board, but such removal shall be without prejudice to the contract rights, if any, of
the person so removed. Election of an officer shall not of itself create contract rights.
,Sectloii 3. Vacancies. Whenever any vacancy shall occur in any office by death,
resignation, increase in the number of officers of the Corporation, or otherwise, the same shall be
filled by the Board of directors, and the oMo r so el c etc d shall hold off ice unti l the next Dual
meeting of the Board or until his successor is duly elected or appointed.
Section 4. President. The president shall be the chief exceutive officer of the
Corporation; shall preside at all meetings of Voting Shareholders and of the Board of Directors;
shall have general and active supervision, control and managcm nt of the affairs and business f
the Corporation, subject to the orders and resolutions of the Board; shall have general
super -vision and direction of all officers, agents, and employees of the Corporation; shall see that
all orders and resolution of the Board are carried into effect; and in general shall exercise all
powers and perform all duties incident to such office and such other powers and duties as may
from time to time be ass igned to him by the Board.
Section 5. Secretary. The Secretary shall attend all meetings of the Board and of the
Voting Shareholders and shall act as Secretary of such meetings; shall give or cause to be given
all notices provided for in these By -Laws aws r required by law; shall record all votes and minutes
of all proceedings of the meetings of Voting Shareholders and the Board in a book or booms to be
Dept for that purpose; shall be custodian of'the records of the Corporation.; shall have charge of
the list of Voting Shareholders; and in general shall exercise all powers and perform all duties as
may be from time to time assigned to him by the Board or by the President,
-Section . Treasurer. The Treasurer shall keep oo rreot and o o mp l ete records of account
slowing aecurately at all times the financial condition of theCorporation; shall he the custodian
of the corporate funds and securities; shall inunediatel r deposit, In the name and to the credit of
Corporation, all moneys and other valuable effects of the Corporation in such depositories as
may be designated by the Board of Directors; shall disburse the funds of the Corporation as may
be ordered by the Board or by the President; and in general shall exercise all pourers and perform
all duties customarily incident to such office and such other powers and duties as may from time
to time be assigned to him by the Board or the President.
5
O
4
ARTICLE
Books and Records
Section 1. Books and Records eneral. The Board of Directors shall keep full and
correct books of account in chronological order of the receipts and expenditures affecting the
Meadowlark Office Park as defined in the Dc laration, specifying and itemizing the maintenance
and repair expenses of the Development and other expenses incurred. Such records and the
vouchers authorizing the payments shall be available for inspection by any Owner or any
representative of an Owner duly authorized in writing, at such reasonable time or times during
no al business hours as may be requested by Owner. Upon tern 1 days notice to the Board
and pay-ment of a reasonable fee, any Owner ,shall be fumished a statement in recordable fora of
his account ttirig forth the amount of any unpaid assessment or other charges due and owing
from sub Owner, and such amount shall be binding upon the Board and the Corporation, and
any mortgagee or grantee of such Owner ftni shed with such statement shall not be liable for,
and the Office Building of such Owner shall not be conveyed subject to a lien for, any unpaid
assessment in excess of the am unt set forth in such statement~
ARTICLE VI
Execution of Instruments
Section 1. Checks, Drafts, et . All cheeps, drafts, bills of exchange or other orders for
the payment of money, obligations, notes or other evidences of indebtedness of the Corporation
shall be signed or endorsed by such officer or officers, employee or employees of the Corporation
as shall from time to time be designated by the Board of Directors.
Section .. Contract. All contracts, agree ens en ts, deeds, conveyances, mortgages and
Similar instruments authorized by the Board of Directors shall be signed, unless otherwise
dir ete d by the Board of Directors or required by law, by the President and attested by the
Secretary.
FILE V11
Amendments and Deflniti ores.
ti on 1. Amendments. ese By -Laws may be altered, amended or repealed from time
to time by a majority vote of the whole Board at any regular or special niceting if the notice or
waiver of notice of said meeting shall have stated that the By -Laws are to be amended, altered or
repealed or if a 1 l shareholders of the Board of I proctors at the time are present at said meeting.
Section 2. Definitions. The t arns used in these By -Laws shall have the sane meaning as
the sane terms as dofed and used in the Declaration,
0
ARTICLE VlE
The Indiana Nonprofit Co1poration Act of 1991
The provisions of the Indiana Nonprofit Corporation Act of 1991, as amended, applicable
to any of the matters herein specifically covered by these By -Laws, are hereby in o )orat d b
reference in and made a part of these By -Laws.
Adopted:
jean of uoor
Adopted:
Steven I aub
7