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HomeMy WebLinkAboutCovenants & RestrictionsDECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS OF LONG RIDGE ESTATES 200500063315 Filed for Record in HAMILTON COUNTY, INDIANA JENNIFER J HAYDEN 09-26 -2005 At 03:23 an. DEC COW RES 75.00 THIS DECLARATION (hereafter "Declaration made this 26th day of September 2005, by PPV, LLC, an Indiana limited liability company (hereafter the "Title Holder p+i WITNESSETH: RECE IVEQI �Y WHEREAS, Title Holder is the owner of certain real estate, located in Hamilton d -ty u'q6 Indiana, which is more particularly described in what is attached hereto and incorporated her ;w CS reference as Exhibit "A" (hereafter "Real Estate upon which a residential subdivision known. ng Ridge Estates (hereafter "Development will be developed; WHEREAS, the real estate described in what is attached hereto and incorporated herein by reference as Exhibit `B" shall hereafter be referred to as the "Additional Real Estate"; WHEREAS, the term "Property" shall hereafter mean and refer to the Real Estate together with such portions of the Additional Real Estate as have from time to time been subjected to this Declaration; NOW, THEREFORE, the Title Holder hereby (i) appoints Pulte Homes of Indiana, LLC, an Indiana limited liability company, to be the Declarant in this Declaration, to have, hold and possess all of the rights, powers, and authority of the Declarant, as set forth in this Declaration, and (ii) declares that all of the Lots (hereafter defined) in the Property, as they are held and shall be held, conveyed, hypothecated, or encumbered, leased, rented, used, occupied, and improved, are subject to the following restrictions, all of which are declared to be in furtherance of a plan of the improvement and sale of the Property and each Lot situated therein, and are established and agreed upon for the purpose of enhancing and protecting the value, desirability and attractiveness of the Property as a whole and each of the Lots situated therein. This Declaration shall run with the Property and shall be binding upon the Title Holder, the Declarant, its successors and assigns, and upon the parties having or acquiring any interest in the Property or any part or parts thereof subject to these restrictions. The restrictions shall inure to the benefit of the Title Holder and the Declarant and their successors in title to the Property or any part or parts thereof. As of the date of execution hereof, the Property consists solely of the Real Estate. The Owner of any Lots subject to these restrictions, by (i) acceptance of a deed conveying title thereto, or the execution of a contract for the purchase thereof, whether from the Title Holder, Declarant, a Builder, or a subsequent Owner of such Lot or (ii) the active occupancy of any Lot, shall accept such deed, execute such contract and/or actively occupy such Lot subject to each restriction and agreement herein contained. Declarant shall have the right, and hereby reserves on to itself the right, at any time, and from time to time, at any time prior to the expiration of the Development Period, to add to the Property and subject to this Declaration all or any part of the Additional Real Estate. Any portion of the Additional Real Estate shall be added to the Property, and therefore and thereby becomes a part of the Property and subject in all respects to this declaration and all rights, obligations, and privileges herein, when Declarant and/or Title Holder places of record in Hamilton County, Indiana an instrument so declaring the same to be part of the Property, which supplementary declaration (hereafter "Supplementary Declaration may be as part of a subdivision plat for any portion of the Additional Real Estate, or by an amendment or supplement to this Declaration. Such Supplementary Declaration may contain modifications hereto and additional terms, conditions, restrictions, maintenance obligations, and assessments as may be necessary to reflect the different character, if any, of the Additional Real Estate. Upon recording of any such instrument on or before the expiration of the Development Period, the real estate described therein shall, for all purposes, thereafter be deemed a part of the Property and the Owners of any Lots within such real estate shall be deemed for all purposes, to have and be subject to all of the rights, duties, privileges, and obligations of Owners of Lots within the Property. No single exercise of Declarant's and/or Title Holder's right and option to add and expand the Property as to any part or parts of the Additional Real Estate, shall preclude Declarant and/or Title Holder from thereafter from time to time further expanding and adding to the Property to include other portions of the Additional Real Estate, and such right and option of expansion may be exercised by Declarant and/or Title Holder from time to time as to all or any portions of the Additional Real Estate so long as such expansion is accomplished on or before the expiration of the Development Period. Such expansion of the Property is entirely at the sole discretion of the Declarant and/or Title Holder and nothing contained in this Declaration or otherwise shall require Declarant and/or Title Holder to expand the Property beyond the Real Estate, or to any portions of the Additional Real Estate which Declarant and/or Title Holder may voluntarily and in its sole discretion from time to time subject to this Declaration. ARTICLE I DEFINITIONS The following are the definitions of the terms as they are used in this Declaration: Section 1.1 "Association" shall mean the Long Ridge Estates Homeowners Association, Inc., a not for profit corporation, the membership and power of which are more fully described in Article IX of this Declaration. Section 1.2 "Board" or "Board of Directors" shall mean the Board of Directors of the Long Ridge Estates Homeowners Association, Inc. Section 1.3 "Builder" means a person or entity regularly engaged in the business of constructing single family residences for sale and responsible for the original construction of a residence on a Lot, and shall include the Declarant. Section 1.4 "Committee" shall mean the Development Standards and Architectural Control Committee, as more fully described in Article VI of this Declaration. Section 1.5 "Common Area" shall mean those areas (i)designated on current and future Plats as a "Block "Common Area "C.A. "Limited Common Area "LCA and (ii) any other areas designated by the Title Holder for the common use and enjoyment of the residents of the Development. Section 1.6 "Declarant" shall mean Pulte Homes of Indiana, LLC, or any other entity appointed by the Title Holder to replace Pulte Homes of Indiana, LLC. 2 Section 1.7 "Development Period" means the period of time commencing with Title Holder's acquisition of the Property and ending when neither Title Holder nor Declarant still own any Lot or any other portion of the Property. Section 1.8 "Drainage Board" means the Hamilton County Drainage Board. Section 1.9 "Federal Agencies" shall mean (by way of illustration but not limitation) the Federal Housing Authority, the Federal National Mortgage association, the Government National Mortgage Association, the Federal Home Loan Mortgage corporation, the Department of Housing and Urban Development, the Veterans Administration or any other governmental agency. Section 1.10 "Lake Area" means any Common Area on which a lake now exists or is later constructed by Title Holder and "Lake" means a body of water which now exists or is later constructed by Title Holder in a Lake Area. Section 1.11 "Local Governing Authority" shall mean Hamilton County, Indiana and/or the town of Westfield, Indiana. Section 1.12 "Lot" shall mean any parcel of residential Property designated on a Plat that is recorded in the Office of the Recorder of Hamilton County, Indiana. Section 1.13 "Owner" shall mean the record owner, whether one or more persons or entities, of the fee simple title to any Lot which is a part of the Property, including contract sellers, but otherwise excluding those having such interest merely as security for the performance of an obligation. Unless specifically indicated to the contrary, the term "Owner" shall include the Title Holder, Declarant, and a Builder. Section 1.14 "Mortgagee" shall mean and refer to any person or entity secured by a first mortgage or first deed of trust on any Lot or the Common Area who has notified the Association of this fact in writing. An "Eligible Mortgagee" shall be a Mortgagee who has given notice to the Association of its interest and requested all rights afforded Eligible Mortgagees under Article XI. Section 1.15 "Person" shall mean an individual, firm, corporation, limited liability company, partnership, association, trust or other legal entity or any combination thereof. Section 1.16 "Plat" shall mean the subdivision plats of the Property which are recorded with the Recorder of Hamilton County, Indiana. Section 1.17 "Pool" shall mean the recreational swimming pool and attached bathhouse which Title Holder, in its sole and absolute discretion, may construct on the Property. Section 1.18 "Residence" shall mean any structure intended exclusively for occupancy by single family together with all appurtenances thereto, including private garage and recreational facilities usual and incidental to the use of a single family residential lot. Section 1.19 "Special Use" shall mean any use defined or identified in any applicable zoning ordinance as a "Special Use Section 1.20 "Title Holder" shall mean PPV, LLC and its successors and assigns. Section 1.21 "Trail System" means paths or trails so designated by the Board and located in a Common Area. ARTICLE II CHARACTER OF THE DEVELOPMENT Section 2.1 In General No structure shall be erected, placed or permitted to remain upon any Lot except a Residence. All Property located within a plat which has not been designated by numbering shall be used in a manner determined by the Declarant. Lots may be used only for single family residential purposes and only one Residence may be constructed thereon. No portion of any Lot may be sold or subdivided such that there will be thereby a greater number of Residences in the Property than the number of Lots depicted on the Plat. Notwithstanding any provision in the applicable zoning ordinance to the contrary, no Lot may be used for any "Special Use" that is not clearly incidental and necessary to single family dwellings. Section 2.2 Other Restrictions All Property shall be subject to the easements, restrictions, and limitations of record appearing on a Plat and amendments thereto, on recorded easements, and rights -of -way, and also to all governmental zoning authority and regulation affecting the Property, all of which are incorporated herein by reference. ARTICLE III EASEMENTS Section 3.1 Designated Easements. The following are easements designated or to be designated, in the Title Holder's sole discretion, upon a plat: (A) Designated Drainage, Utility, and Sewer Easements There are strips of ground designated on the Plat as drainage easements, utility easements, sewer easements, sanitary sewer easements and storm sewer easements, or any combination thereof, which are hereby reserved to the appropriate governmental entities, public utilities, and private utilities for the installation and maintenance of swales, ditches, pipes, drains, electric lines, gas lines, telephone lines, fibre optic cable, high speed internet lines, sanitary sewers, manholes, detention and retention areas or other drainage facilities. Purchasers of Lots in this subdivision shall take title subject to such easements hereby created and subject at all times to the rights of proper authorities to service and maintain such drainage facilities and easements, and no permanent structure of any kind and no part thereof, except fences which do not retard or impede the flow of drainage water and which are approved by any entity to which the easement is dedicated shall be built, erected or maintained on said drainage easements, except by the Title Holder, the Declarant, and/or their assigns. It shall be the responsibility of the Association and the Owners of the areas enclosed within such easements to maintain such areas in such conditions that the flow of storm drainage waters on, across and from said areas shall not be impeded, diverted or accelerated. Such use for storm water movement or retention or detention is hereby declared to be an easement and servitude upon said land for the benefit of the Owners of other land included within the Plat, upstream or downstream, affected by such use and for any proper governmental agency or department or any private or public utility. All proper governmental agencies or departments and public and private utilities are hereby given the right to obtain access to such areas to perform maintenance and to perform such maintenance as may be necessary to protect that easement and servitude rights. It shall be the responsibility of the Association and the Owner of any Lot or parcel of land within the Plat to comply at all times with the provisions of the drainage plan as approved for the applicable Plat by the appropriate governmental agency or department and the requirements of all drainage permits for such Plat issued by those agencies. Failure to so comply shall operate as a waiver and release of the Title Holder, the Declarant, the developer, or their engineers and agents from all liability as to damage caused by storm waters or storm drainage. Further, there are easements and servitudes upon the land within the Plat in favor of surface water runoff along natural valleys and drainage channels running to Owners of other land contained within the Plat, upstream and downstream. It shall be the responsibility of the Association and the Owners of these natural valleys and channels to use their land and maintain said natural valleys and channels in such manner and condition that the flow of storm drainage waters on, across, from and to such areas shall not be impeded, diverted or accelerated. (B) Designated Mounding;, Landscaping, and Screening and Sign Easements Any strips of grounds shown or designated on the Plat for landscaping including, but not limited to, landscape easements landscape maintenance easements, and/or landscape maintenance access easements are hereby reserved unto Title Holder and/or the Declarant, during the Development Period, and, thereafter, unto the Association, for the purposes of (i) providing signs which either advertise the Property and the availability of Lots or identify the Property or, (ii) installing landscaping, mounding, and screening. Title Holder and/or the Declarant reserves unto itself during the Development Period and thereafter unto the Association, the exclusive and sole right to erect signs and install landscaping, mounding, and screening within these strips of ground. Notwithstanding anything in this Declaration to the contrary, no planting shall be done, and no hedges, walls, fences or other improvements shall be erected or maintained in the area of such easements, except by the Title Holder and/or the Declarant during the Development Period, and thereafter by the Association. Furthermore, notwithstanding anything in this Declaration to the contrary, no planting shall be done, and no hedges, walls, fences, structures, or other improvements shall be erected between (i) any landscape easement or landscape maintenance easement, and (ii) any perimeter roadway, public highway or right -of -way along the perimeter or boundary of the Property, except by the Title Holder and/or the Declarant during the Development Period and thereafter by the Association. (C) Easement Work Notwithstanding any architectural approval under Article VI below, during the course of any maintenance, service, repair or work upon any easement, the Title Holder, the Declarant, the Association, any private utility, any public utility, and/or any governmental entity shall have the right and the authority, without any obligation or liability whatsoever to any Owner, to remove, damage, or destroy any fence or other structure or landscaping built, erected, maintained or planted in any easement described in Section 3.1 (A) above and without any obligation of replacement. Section 3.2 General Drainage, Utility, Sewer and other Development Easements The following rights reserved in this Section shall not be exercised, after the conveyance of any Lot, in a manner that (i) unreasonably and adversely affects any Residence or portion thereof located upon such Lot or the Owner's use or enjoyment thereof, or (ii) unreasonably restricts the rights of ingress and egress to such Lot. The following rights and easements reserved by Title Holder and/or the Declarant in this Section shall run with the land, and Title Holder's right to further alter or grant easements shall automatically terminate and pass to the Association one (1) year after Title Holder shall have conveyed the last Lot within the Property. (A) Title Holder hereby reserves unto itself during the Development Period, and thereafter unto any public or private utility, a general easement "Drainage, Utility and Sewer Easement for drainage, utility and sewer purposes in, on and over all of the Common Area and any Lot, so as to permit the installation and allow to be maintained all electrical, telephone, water, gas, sanitary and W storm sewer, television (including but not limited to cable and/or satellite) transmission facilities, security systems and other utility services (including all necessary lines, pipes, wires, cables, ducts, antennae and other equipment and facilities) to serve any Residence. Any Drainage, Utility and Sewer Easement shall include all areas of the Property outside any Residence, with the exception of any areas covered by chimneys, or patios. Improvements or permanent structures installed within the Common Area are subject to the rights (including the right to remove where reasonably necessary without duty of replacement or reimbursement) of the Title Holder and any public or private utility to construct, maintain, repair or remove any necessary facilities. By virtue hereof, Title Holder reserves the right to install a lake(s) or pond(s) on any Common Area. The rights hereunder and easements hereby reserved survive the conveyance, by the Title Holder to the Association, of any Common Area. This easement shall be in addition to any easement defined upon a Plat as a drainage, sewer, utility, cable, landscape, sign, transmission, flowage or similar type easement. (B) Title Holder reserves unto itself during the Development Period, and thereafter unto the Association, an easement "Lake Easement and right -of -way in and to any Lake Area (s) or areas now or hereafter shown on the Plat as a 'Block "Common Area or "Lake" or any other Common Area within the Property used as a water retention or detention area, or on which a Lake now exists or is later constructed, for the purpose of fulfilling any maintenance obligations set forth in this Declaration and/or establishing and maintaining proper surface water drainage throughout the Property, including dewatering or aquatic maintenance, and an easement of ingress and egress through so much of the remainder of the Property as is reasonably necessary or appropriate, to perform such actions as Title Holder or the Association deem necessary or appropriate, for the purpose of establishing and maintaining proper surface water drainage throughout the Property, which such actions shall include the construction, repair and maintenance of retention and detention ponds or lakes in accordance with the requirements of applicable law and of all governmental agencies having jurisdiction (without undertaking any obligation or duty to exceed such requirements). (C) Title Holder and/or Declarant reserves unto itself during the Development Period, and thereafter unto the Association, the right and an undefined sign and facilities easement "Sign and Facilities Easement to install, erect, construct and maintain an entryway sign or signs, directional signs, advertising signs advertising the Property or the Lots therein, lighting, walkways, pathways, fences, walls and any other landscaping, architectural and recreational features or facilities considered necessary, appropriate, useful or convenient, anywhere upon the Property (except upon any Lot after the first conveyance thereof). Any such signs shall comply with any applicable zoning requirements and all such facilities shall be maintained by the Association as a part of its Common Area maintenance obligations. (D) Title Holder reserves unto itself during the Development Period, and thereafter unto the Association, the full right, title and authority to: (i) Relocate, alter or otherwise change the location of any Drainage, Utility and Sewer Easement, Lake Easement, and/or Sign and Facilities Easement, or any facility at any time located therein or thereon; (ii) Grant such further easements, licenses and rights -of -way, temporary or permanent, exclusive or non exclusive, surface or otherwise, as Title Holder may deem necessary or appropriate, for ingress and egress, utility and similar purposes on or within any portion of the Property, for the benefit of the Property or any portion thereof; and, (iii) Describe more specifically or to change the description of any Drainage, n Utility and Sewer Easement, Lake Easement, and/or Sign and Facilities Easement or any other easement, license or right -of -way now or hereafter existing on the Property, by written instrument, amended Plat or amendment to the Plat recorded in the Office of the Recorder of Hamilton County, Indiana. (E) The title of the Association (as to the Common Area owned by the Association during the Development Period) and of any Owner of any Lot shall be subject to the rights and easements reserved herein. Section 3.3 Variable Wetland Preservation Easements Any areas designated on a plat as a Variable Wetland Preservation Easement shall be maintained by the Association, in their natural condition and shall not be altered or maintained by the Owners on whose Lot(s) they are partially or completely located. ARTICLE IV ADDITIONAL PROVISIONS RESPECTING OF SANITARY SEWER UTILITY Section 4.1 Sanitary sewer utility easements allow for the construction, extension, operation, inspection, maintenance, reconstruction, and removal of sanitary sewer facilities and give utility companies, whether public or private, as well as any governmental authorities, the right of ingress /egress. Section 4.2 No trees shall be planted directly over building sewers (laterals). Any landscaping placed within easements or right -of -ways may be removed, damaged, or destroyed by the applicable utilities without an obligation of repair or replacement. Section 4.3 No mounding, lighting, fencing, signs, retaining walls, landscaping walls, entrance walls, irrigation lines, or other improvements shall be placed within ten (10) feet of the center of the sanitary sewer infrastructure. Any of these which are placed within easements or right -of -ways may be removed by the applicable utilities without the obligation of replacement. Section 4.4 All Owners not serviced by gravity sanitary sewer service are responsible for all maintenance, repair and replacement of all grinder /ejector pumps, force mains and gravity laterals from the residence to its connection to the sanitary sewer main. Section 4.5 The discharge of clear water sources, including, but not limited to, foundation drains, sump pumps, and roof drains to the sanitary sewers is prohibited. Section 4.6 Grade changes across sanitary sewer facilities must be approved in writing by the applicable utilities. ARTICLE V COVENANTS AND RESTRICTIONS Section 5.1 Land Use Lots may be used only for single- family residential purposes and only one Residence not to exceed the maximum height permitted by and measured pursuant to the Zoning Ordinance of the municipality having zoning jurisdiction over the Property may be constructed thereon. No portion of any Lot may be sold or subdivided such that there will be thereby a greater 7 number of Residences in the Property than the number of Lots depicted on the Plat. Notwithstanding any provision in the applicable zoning ordinance to the contrary, no Lot may be used for any "Special Use" that is not clearly incidental and necessary to single family dwellings. Section 5.2 Address Identification The numbers representing the address of each Residence will be of a uniform appearance and will be displayed in a uniform location and manner, as determined by the Committee. Section 5.3 Lighting All homes will have two dusk to dawn lights located on the sides of the garage doors. Streetlights may be installed by Title Holder in the utility easements on Lots and in the Common Areas. Streetlights shall be operated and maintained by the Association. The Association reserves the right to remove street lights deemed no longer necessary by the Board of Directors. Section 5.4 Temporary Structures No trailer, shack, tent, boat, basement, garage or other outbuilding may be used at any time as a dwelling, temporary or permanent, nor may any structure of a temporary character be used as a dwelling. Section 5.5 Driveways All driveways in the Property shall be concrete in material. Section 5.6 Water Systems. Each Owner shall connect to the water main maintained by a private or public water utility to provide water for domestic use on the Lot and shall pay all connection, availability, or other charges lawfully established with respect to connections thereto. Section 5.7 Drainage In the event storm water drainage from any Lot or Lots flows across another Lot, provision shall be made by the Owner of such downstream Lot to permit such drainage to continue, without restriction or reduction, across the downstream Lot and into the natural drainage channel or course, although no specific drainage easement for such flow of water is provided on the Plat. To the extent not maintained by the Drainage Board, "Drainage Easements" reserved as drainage swales shall be maintained by the Owner of the Lot upon which such easements are located such that water from any adjacent Lot shall have adequate drainage along such Swale. Lots within the Property may be included in a legal drain established by the Drainage Board. In such event, each Lot in the Property will be subject to assessment by the Drainage Board for the costs of maintenance of the portion of the drainage system and the lake control structures included in such legal drain, which assessment will be a lien against the Lot. The elevation of a Lot shall not be changed so as to materially affect the surface elevation or grade of surrounding Lots. Perimeter foundation drains and sump pump drains shall be connected whenever feasible into a subsurface drainage tile. Down spouts and drains shall be designed to disperse runoff for overland flow to street or swale collection systems. Each Owner shall maintain the subsurface drains and tiles located on his Lot and shall be liable for the cost of all repairs thereto or replacements thereof. Section 5.8 Signs Except for such signs as Title Holder and/or Declarant may in its absolute discretion display in connection with the identification of development of the Property and the sale of Lots therein, no sign of any kind shall be displayed to the public view of any Lot except that one (1) sign of not more than four (4) square feet may be displayed at any time for the purpose of advertising the property for sale, or may be displayed by a builder to advertise the property during construction and sale. Section 5.9 Hedges and Shrubs This Section 5.9 is applicable to all Lots except those Lots owned by the Declarant or a Builder and used by the Declarant or a Builder for a sales office of model home. No wall, hedge, or shrub planting higher than 18" shall be permitted between the front property 0 line and the front building set back line, except for such planting as part of the landscaping installed by the Declarant and/or a Builder in connection with the original construction of the Residence. Corner lots shall be deemed to have two property lines. Trees shall not be deemed "shrubs" unless planted in such a manner as to constitute a "hedge Section 5.10 Fencing. No fence may be erected on a Lot without the prior approval of the Committee, and all fences must comply with the following provisions: (a) Subject to Section 5.11 below permitting Privacy Screens on any Lot per the terms and conditions specified, all fences must be wrought iron or wrought iron in appearance and must be painted black; (b) Subject to Section 5.11 below permitting Privacy Screens, no fence shall exceed 5' in height unless legally required with respect to fences enclosing in ground swimming pools; Plat; (c) No fence may be installed within any Tree Preservation Easement set forth on any (d) Fencing shall be erected only in the rear yard, and shall not extend any closer to the public street, located in front of the residence, than the line established by the horizontal extensions of the rear elevation of the residence (the "Rear Residence Line provided, however, that a rear yard fence may extend beyond the Rear Residence Line, but only on one side of the residence and only to the extent necessary to permit the garage service door to open into a fenced area; (e) All fences shall be kept in good repair; (f) The Committee may establish further restrictions with respect to fences, including limitations on (or prohibition of) the installation of fences in the rear yard of a Lot abutting a Lake, and design standards for fences. Section 5.11 Privacy Screens Subject to the following provisions, solid wood privacy screens, are permitted on all Lots under the following circumstances: (a) All such screens must be approved by the Committee; tub; (b) The screen must be intended to provide privacy around a patio, deck or hot c) The screen cannot be greater than 6 feet in height, and no part of the screen can be located more than 15 feet from the rear elevation of the Residence; (d)The screen must be professionally installed and must be stained every 3 years. If the Owner of a particular Lot fails to stain a privacy screen every 3 years, then the Association shall have the right to enter upon the Lot to stain the screen and to levy a Violation Assessment against the subject Lot, all per the terms of Section 10.6 of this Declaration. (e) All wood fencing allowed on specified Lots as stated above must be maintained in a reasonable fashion. Wood fences must be stained every 3 years. If the owner of a particular Lot fails to stain a Privacy Screen every 3 years, then the Association shall have the right to enter upon the Lot to stain the Privacy Screen and to levy a Violation Assessment again the subject Lot, all per the terms of Section 10.6 of this declaration. 0 Section 5.12 Line of Sight No fence, wall, hedge, or shrub planting, or tree foliage which obstructs sight lines at elevations between two (2) and six (6) feet above the street shall be placed or permitted to remain on any corner Lot within the triangular area formed by the Lot lines at the streets and a line connecting points 25 feet from the intersection of said street Lot lines; and, the same rule shall apply to the intersection of a driveway with a street, in which case the edge of the driveway pavement shall be substituted for one of the street Lot lines. Section 5.13 Nuisances No noxious or offensive activity shall be carried on upon any Lot nor shall anything be done thereon which may be, or may become, an annoyance or nuisance to the neighborhood. Violation of any ordinance governing noise, building or lot maintenance, or any other public nuisance shall be deemed to be a nuisance creating rights in every affected Owner, the Title Holder, Declarant and/or the Association, as the case may be, to enforce the provisions hereof against the offending Owner. Barking dogs shall constitute a nuisance. In the event of successful enforcement by an Owner, the Title Holder, Declarant, or the Association of the provisions thereof, the offending Owner shall be liable to the prevailing party for attorneys' fees, court costs, and all other costs and expenses of litigation and collection in connection therewith. Section 5.14 Garbage and Refuse Disposal No Lot shall be used or maintained as a dumping ground for trash. Rubbish, garbage or other waste shall be kept in sanitary containers out of public view except not more than 24 hours prior to its removal thereof, when it may be placed at the curb of the Lot. All equipment for storage or disposal of such materials shall be kept clean and sanitary. Section 5.15 Livestock and Poultry No animals, livestock or poultry of any kind shall be raised, bred or kept on any Lot, except that dogs, cats or other household pets may be kept provided that they are not kept, bred, or maintained for any commercial purpose. The owners of such permitted pets shall confine them to their respective Lots such that they will not be a nuisance. Owners of dogs shall so control or confine them so as to avoid barking which will annoy or disturb adjoining Owners. Unless permitted by the Board of Directors of the Association, no Owner shall maintain more than two (2) of the same type (dog, cat, bird) of pet nor more than four (4) total pets; provided, however, that fish which are located in indoor aquariums and which pose no risk to the public health shall not be considered pets for the purpose of this restriction. No dangerous or potentially dangerous pets, such as exotic animals (large wild cats, wolves, alligators, snakes which are poisonous or longer than two feet, poisonous spiders, etc.) shall be permitted to exist in a Residence or on a Lot without the unanimous consent of the Architectural Review Committee and the Board of Directors; provided, however, that the decision of the Board of Directors to permit such animal or animals may be overturned by a majority vote of the Members at any meeting. Section 5.16 Outside Burning No trash, leaves, or other materials shall be burned upon a Lot; provided, however, that this section shall not be interpreted as prohibiting fires in fireplaces located and enclosed within a Residence. Section 5.16 Antennas and Receivers No antenna, satellite dish, or other device for the transmission or reception of radio, television, or satellite signals or any other form of electromagnetic radiation shall be erected, used or maintained outdoors and above ground, whether attached to a building or otherwise, on any part of the Property, including Lots, without the written approval of the Architectural Review Committee, which approval shall not be unreasonably withheld; provided, however, that any such device may be installed and maintained on any Lot without the necessity of such written approval if such devices are not merely duplicative of other devices existing on the subject Lot and if. (a) the device is not visible from the neighboring Lots, streets or Common Area; or (b) the 10 Owner, prior to installation, has received the written consent of the Owners of all Lots who would have views of the device from their Lots; or (c) the device is virtually indistinguishable from structures, devices, or improvements, such as heat pumps, air conditioning units, barbecue grills, patio furniture, and garden equipment, which are not prohibited by these covenants or Bylaws, or (d) the device is a satellite dish 1 meter or less in diameter and not affixed to the roof of a residence; or (e) if prohibition of the installation, use, and maintenance of such device is specifically preempted and superseded by applicable governmental authority. Section 5.17 Exterior Lights Except on Lots on which there is maintained a sales office or model home by the Title Holder, Declarant, or a Builder, no exterior lights shall be erected or maintained between the building line and rear lot line so as to shine or reflect directly upon another Lot. Section 5.18 Electric Bug Killers Electric Bug Killers, "zappers and other similar devices shall not be installed at a location or locations, which result in the operation thereof becoming a nuisance or annoyance to other Owners, and shall be operated only when outside activities require the use thereof and not continuously. Section 5.19 Vacant Lots It shall be the duty and obligation of the Owner of a vacant Lot to maintain such Lot and mow the lawn thereof. Title Holder, the Declarant and the Association shall have the right, but not the duty, to enter upon each vacant Lot and to maintain the appearance thereof by cutting weeds, mowing grass, trimming trees, removing debris, installing erosion control devices, and performing any other act reasonable under the circumstances. The Owner shall be responsible for payment of all such expenses upon demand and the Title Holder, Declarant, or the Association, as the case may be, shall have a lien on such Lot for the payment of such expenses, together with attorneys' fees and all other costs and expenses of litigation and collection which may be incurred in connection therewith. Section 5.20 Association's Rijzht to Perform Certain Maintenance In the event that the Owner of any Lot shall fail to maintain his or her Lot and any improvements situated thereon in accordance with the provisions of this Declaration, the Association shall have the right, but not the obligation, by and through its agents or employees or contractors, to enter upon said Lot and repair, mow, clean 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 these restrictions. The cost incurred by the Association shall be assessed to the Owner and the subject Lot as a Violation Assessment. The Owner shall reimburse the Association within thirty (30) days of the date on which the Owner is invoiced by the Association. The Association shall have the right to collect any outstanding Violation Assessments in the manner described in Article XI. Neither the Association nor any of its agents, employees, or contractors shall be liable for any damage that may result from any maintenance work performed hereunder. Section 5.21 Awnings Except on Lots on which there is maintained a sales office or model home by the Title Holder, Declarant, or a Builder, or as approved by the Committee, no metal, wood, fabric, fiberglass or similar type material awnings or patio covers will be permitted anywhere on the Property. Section 5.22 Diligence in Construction Subject to inclement weather, every Residence shall be completed within twelve (12) months after the beginning of such construction or placement. No improvement which has partially or totally been destroyed by fire or otherwise shall be allowed to remain in such state for more than three (3) months from the time of such destruction or damage or, if 11 approval of the applicable casualty insurance is pending, then within three (3) months after such approval is forthcoming. Section 5.23 HVAC Units No heat pumps, air conditioning units or gas meters will be installed in the front of the Residence. Section 5.24 Lake and Lake Area(s) Except as otherwise provided, no individual using a Lake, if any, has the right to cross another Lot or trespass upon shoreline not within a Common Area owned by the Association, subject to the rights of the Title Holder, Declarant, the Association, their employees, heirs, successors and assigns as set forth in the Declaration. No one shall do or permit any action or activity which could result in pollution of any Lake, diversion of water, elevation of any Lake level, earth disturbance resulting in silting or any other conduct which could result in an adverse effect upon water quality, drainage' or proper Lake management except as provided in the Declaration. A Lake may not be used for swimming, ice skating, boating, or for any other purpose, except for drainage of the Property, unless expressly and specifically approved by the Board of Directors in writing and allowed by law. Lakes and Lake Areas may or may not exist on the Property, and the reference throughout this Declaration to Lakes and Lake Areas is made in order to address Lakes and Lake Areas, if any, which now exist or are later constructed upon the Property. The installation on the Property of any Lake or Lake Area shall be within the sole discretion of the Title Holder, and under no circumstances shall the Title Holder be required or obligated to install any Lake or Lake Area. Only the Title Holder and the Association shall have the right to store items or develop recreational facilities upon any Common Area owned by the Association adjacent to a Lake. Section 5.25 Mailboxes All mailboxes and posts must be approved by the Committee and, within each Section of the Development, shall be standard as to size, location, post, design, height, material, composition and colors. The builder upon the initial Lot closing to the homeowner shall install the initial mailbox for each Lot, which meets the above criteria. The Owner agrees to maintain and paint said mailbox and post in conformance with all other mailboxes. Section 5.26 Maintenance of Lots and Improvements Each Owner shall 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: (A) Mow the Lot at such times as may be reasonably required in order to prevent the unsightly growth of vegetation and noxious weeds; (B) Remove all debris or rubbish from the Lot; (C) Prevent the existence of any other condition that tends to detract from or diminish the aesthetic appearance of the Property; (D) Cut down and remove dead trees from the Lot; and, (E) Within sixty (60) days following completion of a Residence, the Owner shall landscape the lot in accordance with the provisions set forth in this Declaration, weather permitting. Section 5.27 Miscellaneous No clotheslines may be erected on any Lot. Section 5.28 Carports, Outbuildings and Animal Quarters Carports are prohibited. Any and 12 all forms of outbuildings, including but not limited to, sheds, pool houses, storage sheds, animal quarters, and play houses, which are not directly connected to the main house on any Lot are prohibited, unless the same are necessary or incident to the Title Holder's, Declarant's, Builder's or Association's business or activities upon the Property. Animal quarters or kennels which are connected to the Residence must be approved by the Committee. Section 5.29 Notice of Commitments Notice is hereby given that, in connection with the approval of the primary plat applicable to the Real Estate, commitments were extended and recorded with the Recorder of Hamilton County, Indiana, as Instrument Number 200500012586 (the "Commitments The Commitments include, without limitation, provisions pertaining to fences, landscaping, and architectural standards. Section 5.30 Play Equipment Children's play equipment such as sandboxes, temporary swimming pools having a depth of eighteen (18) inches or less, swing and slide sets, and trampolines shall not require approval by the Committee, provided that (i) such equipment is not more than eight (8) feet high (to the highest point of the structure) and properly painted and maintained by the Owner in good repair, (ii) such equipment is located in the rear yard of the Lot between the parallel lines defined by extending the side lines of the residence into the rear yard of the Lot, and (iii) such swing and slide sets are constructed of wood. Metal swing and slide sets are prohibited. Equipment higher than eight (8) feet shall require approval of the design, location, color, material and use by the Committee, and aluminum or metal play equipment is prohibited. Section 5.31 Plumbing All plumbing vent stacks are to be located on the rear of the Residence. Section 5.32 Sidewalks Each Residence shall have a continuous 4 -foot wide by a minimum of four (4) inches thick concrete sidewalk adjacent to all interior dedicated street frontage. Sidewalks shall be installed by the Builder and included in the purchase price of the Residence. If an approved asphalt bike /walking path is approved on the Property in place of the sidewalk, no additional concrete sidewalk will be required. Section 5.33 Address Each Residence shall have the street number of its address permanently affixed in a prominent place to the front of the Residence, utilizing numbers at least 3" in height. Section 5.34 Subsurface Drains and Sump Pump Discharges Subsurface drains have been provided in certain areas within drainage easements as additional storm and ground water drainage sources and are part of the public storm drainage system. Subsurface drain laterals have been provided on specific Lots, and the Builder on such Lots shall connect all sump pump discharge lines to such laterals. All maintenance and repair of all sump pump discharge lines and subsurface drain laterals shall be the responsibility of each Lot Owner in accordance with the following: (A) The limits of Owner responsibility include all sump pump lines and subsurface drain laterals between the connection at the sump pump within the home and the connection with the publicly maintained storm sewer or subsurface drain within the drainage easement. (B) In cases where subsurface drain laterals are connected along a common property line before connecting to the storm sewer, maintenance and repair of the common lateral will be shared equally by the adjacent Owners unless an individual Owner caused the lateral to be damaged, changed or altered. 13 (C) Any Owner or Builder damaging, changing, or altering these subsurface drains and/or common subsurface drain laterals will be held responsible for such action and will be given ten (10) days notice, by registered mail, to repair said damage, after which time, if no action is taken, the appropriate jurisdictional agency, Title Holder, Declarant or the Association will cause said repairs to be accomplished and the invoice for such repairs will be sent to the responsible Owner(s) and/or Builder(s) for immediate payment. If immediate payment is not received, the Title Holder, Declarant and/or the Association shall have all the rights and remedies to collect any outstanding amounts as outlined hereafter in Article XI of this Declaration. Section 5.35 Swimming Pools and Hot Tubs Only permanent, in- ground pools with professional construction, approved by the Committee, shall be permitted upon a Lot. All submittals to the Committee shall include landscape plans. All backyard pools should be oriented to minimize the potential effect on neighboring properties. All fencing shall conform to county or municipal regulations and shall be of harmonious design and subject to Committee approvals. Hot Tubs must also be approved by the Committee. All hot tubs and spas must have permanent locking covers, and all swimming pools must either be enclosed with a locked fence or be covered by an automatic pool cover. Sections 5.36 Tennis Courts, Racquetball Courts, Paddleball Courts, etc Tennis courts, racquetball courts, paddle ball courts, basketball courts, squash courts, and other recreational facilities or sporting facilities will not be permitted without approval from the Committee. All submittals to the Committee shall include landscape plans. Only permanent basketball goals, approved by the Committee, may be installed on a lot adjacent to a driveway without Committee approval provided that they have white fiberglass or translucent fiberglass or glass backboards. All basketball goals must be installed with a concrete pad and must be structured so that play will not interfere with the use of the public sidewalk. Independent basketball courts may not be constructed on a Lot without written Committee approval. No basketball goal or backboard shall be permitted to hang from or be affixed to the Residence or garage. Lighted courts of any kind are prohibited. Temporary or portable basketball courts will not be permitted to be located on streets or in cul -de -sacs. color. Section 5.37 Vents All metal and PVC roof or range vents will be painted to blend with roof Section 5.38 Windows Doors If storm doors are installed, they must be painted to match exterior of the Residence. No unfinished aluminum doors or windows will be allowed. Only full view storm doors may be installed, and all doors must be approved by the Committee. Section 5.39 Street Signs Decorative street signs that do not conform to applicable municipal standards may be installed by Title Holder in the Title Holder's sole and absolute discretion. Such decorative street signs shall be maintained by the Association, and shall be repaired or replaced by the Association if damaged in accordance with applicable rules and regulations of the controlling municipality. The Association assumes all liability in the installation, maintenance and repair of the decorative street signs. Section 5.40 Fuel Tanks. All above or below ground storage tanks, with the exception of gas storage tanks used solely in connection with gas grills for the purpose of grilling or cooking food, shall be and hereby are prohibited. Section 5.41 Garbage and Other Refuse No Lot Owner in the Development shall burn or permit the burning out-of -doors of garbage or other refuse, nor shall any such Owner accumulate or 14 permit the accumulation out -of -doors of such refuse, including compost on his or her Lot. Section 5.42 Home Occupations No Lot or Lots shall be used by an Owner, other than a Builder, Declarant, or Title Holder, for any purpose other than as a single family residence, except that a home occupation, which satisfies the following definition as well as all requirements of the applicable Zoning Ordinance, may be permitted: any use conducted entirely within the Residence and participated in solely by a member of the immediate family residing in said Residence, which use is clearly incidental and secondary to the use of the Residence for dwelling purposes and does not change the character thereof and in connection with which there is: a) no sign or display that will indicate from the exterior that the Residence is being utilized in whole or in part for any purpose other than that of a dwelling; b) no commodity sold upon the premises; c) no person is employed other than a member of the immediate family residing in the Residence; and d) no manufacture or assembly operations are conducted. Provided however, that in no event shall the following or similar activities be conducted or considered to be a permitted Home Occupation: child day care, barber shop, styling salon, animal hospital, or any form of animal care or treatment such as dog trimming, or any other similar activities. The foregoing notwithstanding, the Title Holder, Declarant, and Builders shall be permitted to operate sales trailers, model homes, and sales offices. Section 5.43 Open Drainage Ditches and Swales The following shall apply to open ditches and Swales: (A) Drainage Swales (ditches) along dedicated roadways and within the right -of- way, or on dedicated drainage easements, are not to be altered, dug out, filled in, tiled, or otherwise changed, without the written permission of the appropriate jurisdictional agency and the Title Holder. Property Owners must maintain these Swales as grassways or other non eroding surfaces. Any damage to Swales or drainage structures must be repaired or replaced by the Lot Owner. (B) Any Owner or Builder altering, changing, or damaging these drainage Swales or ditches will be held responsible for such action and will be given ten (10) days notice, by registered mail, to repair said damage, after which time, if no action is taken, the appropriate jurisdictional agency, Title Holder or the Association will cause said repairs to be accomplished and the invoice for such repairs will be sent to the responsible Owners for immediate payment. If immediate payment is not received by the Association, the Association shall have all the rights and remedies to collect any outstanding amounts as outlined hereafter in Article XI of this Declaration. Section 5.44 Roofing Materials The roofing materials on all Residences within each Section of the Development shall be similar in color, and shall be of a quality, style and composition acceptable to the Title Holder or Declarant during the Development Period and, thereafter, the Committee. Section 5.45 Solar Panels No solar panels shall be permitted on any Residence. Section 5.46 Temporary Structures No temporary house, trailer, garage or other outbuilding shall be placed or erected on any Lot, except by Title Holder, Declarant or a Builder. Section 5.47 Utility Services Easements for installation and maintenance of utilities and drainage facilities are reserved as shown on the recorded plat. 15 Section 5.48 Vehicles Parking No trucks one (1) ton or larger in size, campers, trailer, motor homes, boats, snowmobiles, jet ski or similar vehicles shall be parked in the Property. Recreational vehicles, trailers, campers, snowmobiles, jet skis, boats, boat trailers, and/or unlicensed vehicles shall not be stored outside, shall not be permitted to remain on any driveway or Lot except within a closed garage, and shall not be regularly parked upon unpaved areas. There shall be no outside storage of commercial trucks, trailers, boats, junk cars, or fuel tanks. Section 5.49 Visual Obstructions No fence, wall, gate, hedge, tree or shrub planting which obstructs sight lines and elevations between three (3) and twelve (12) feet above the street shall be placed or permitted to remain on any corner Lot within the triangular area formed by the street right of -way lines and line connecting points twenty -five (25) feet from the intersection of said street lines or in the case of a rounded property corner, from the intersection of the street right -of -way 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 pavement or alley line. Section 5.50 Wells Water wells shall not be drilled on any of the Lots except as required to irrigate common areas. Section 5.51 Occupancy or Residential Use of Partially Completed Residence Prohibited No Residence constructed on any Lot shall be occupied or used for residential purposes or human habitation until a certificate of occupancy has been issued. Section 5.52 Streets, Sidewalks, and Street Landscaping (A) Maintenance. Title Holder shall maintain all streets and curbs in good condition satisfactory for the purpose for which they were constructed until their dedication has been accepted by the controlling municipality. (B) Landscaping, All landscaping within the street rights -of -way is subject to the approval of the appropriate governmental authority. Each Owner shall cut all grass and trim all other landscaping in the rights -of -way adjoining his Lot lines and shall maintain all sidewalks in the rights -of -way nearest his Lot lines. Each Owner shall immediately replace any street trees and lighting required by this Declaration, the Plat, or any other document controlling maintenance of Lots. (C) Street Lights and Decorative Street Si s. All street lights and decorative street signs located within the right -of -way of any street shall be maintained by the Association. Section 5.53 Construction and Landscaping; Time Requirements; Divestiture; Penalties All construction upon, landscaping of, and other improvements to a Lot shall be completed strictly in accordance with a lot development plan approved by the Committee. All landscaping specified on the landscaping plan approved by the Committee shall be installed on the Lot strictly in accordance with such approved plan within sixty (60) days following substantial completion of the Residence unless delayed due to adverse weather conditions, but in no event shall it be installed later than June 30of the year. Section 5.54 Septic Systems No septic tank, absorption field, or any other on -site sewage disposal system shall be installed or maintained on any Lot. lull ARTICLE VI ARCHITECTURAL CONTROLS Section 6.1 Approvals Approvals, determination, permissions, or consents required herein shall be deemed given only if they are given in writing and signed, with respect to the Declarant or the Association, by an officer thereof, and with respect to the Committee, by one (1) member thereof. Section 6.2 Committee A Development Standards and Architectural Control Committee, composed of at least three (3) members, shall exist and shall be appointed by the Declarant. Such members shall be subject to removal by the Declarant at any time, with or without cause. Any vacancies from time to time shall be filled by appointment of the Declarant. The Declarant may, at its sole option, at any time hereafter, relinquish for a period of time to the Association the power to appoint and remove one or more members of the Committee. Section 6.3 Continuation of Committee When the Declarant provides written notification to the Association of discontinuance of this Committee, then the Directors of the Association, or their designees, shall continue the actions of the Committee with like powers and duties. Section 6.4 Duties of Committee The Committee shall approve or disapprove proposed improvements within thirty (30) days after all required information shall have been submitted to it. The Committee for its permanent files shall retain one copy of submitted material. All notifications to applicants shall be in writing, and, in the event that such notification is one of disapproval, the requesting applicant may re -apply with changes. If however, approval has not been received by applicant in writing within thirty (30) days, then said request shall be considered DENIED. Section 6.5 Exercise of Discretion Declarant intends that the members of the Committee exercise discretion in the performance of their duties consistent with the provisions hereof, and every Owner by the purchase of a Lot shall be conclusively presumed to have consented to the exercise of discretion by such members. In any judicial proceeding challenging a determination by the Committee and in any action initiated to enforce this Declaration in which an abuse of discretion by the Committee is raised as defense, abuse of discretion may be established only if a reasonable person, weighing the evidence and drawing all inferences in favor of the Committee, could only conclude that such determination constituted an abuse of discretion. Section 6.6 Inspection The Committee may inspect work being performed without the Owner's permission to assure compliance with these restrictions and applicable regulations. Section 6.7 Liability of Committee, Declarant, Developer Neither the Committee nor any agent thereof, nor the Declarant, or Association shall be liable in any way for any costs, fees, damages, delays, or any charges or liability whatsoever relating to the approval or disapproval of any plans submitted to it, nor shall the Committee, Association or Declarant be responsible in any way for any defects in any plans, specifications or other materials submitted to it, or for any defects in any work done according thereto. Further, the Committee, Association and/or Declarant make no representation or warranty as to the suitability or advisability of the design, the engineering, the method of construction involved, the compliance of proposed plans with laws and zoning ordinances, or the materials to be used. All parties should seek professional construction advise, engineering, and inspections on each Lot prior to proposing construction. Section 6.8 Common Areas Entrances, Street Sims, and Landscape Easements None of the 17 following shall be installed or constructed without prior written approval thereof by the Committee: (i) any and all landscaping, fences, structures, lighting, walking trails, sidewalks, or other improvements located in any Common Area, landscape maintenance access easement, and/or sign landscape easement, (ii) any entrance monument or signage identifying the Development or any section thereof and/or (iii) street signage. Section 6.9 Lot Improvements No dwelling, building structure, fence, deck, driveway, swimming pool, hot tub, spa, swim spa, doors, in- ground propane tanks, rear yard tennis or basketball courts, or improvement of any type or kind (including significant landscaping or stacking of wood) shall be constructed or placed on any Lot without the prior approval of the Committee. Such approval shall be obtained only after the Owner of the Lot requesting authorization from the Committee has made written application to the Committee at least thirty (30) days prior to the proposed construction. Such written application shall be in the manner and form prescribed from time to time by the Committee, and shall by accompanied by two (2) complete sets of plans and specifications for any such proposed construction or improvement. Such plans shall include plot plans showing (i) the location of the improvements existing upon the Lot and the location of the improvement proposed to be constructed or placed upon the Lot, each properly and clearly designated and (ii) all easements, set backs, and rights -of -way and (iii) any landscape plans required by the Committee. Such plans and specifications shall further set forth the color and composition of all exterior materials proposed to be used and any proposed landscaping, together with any other materials, photographs, or information, which the Committee may require. All building plans and drawings required to be submitted to the Committee shall be drawn to a scale of 1/4" P and all plot plans shall be drawn by a professional to a scale of 1" 30', or to such other scale as the Committee shall deem appropriate. It is also recommended that a certified survey be prepared to insure that a resident is not encroaching on an adjacent homeowner or in a Common Area. If Owner has encroached on an adjacent Owner's property or in a common area, the encroaching Owner will, at his or her own expense, move any fence or other improvement(s) so as to eliminate the encroachment. Notwithstanding anything to the contrary in the foregoing, upon receipt of any written application which is in form and content acceptable to the Committee in the Committee's sole and absolute discretion, the Committee may pre- approve a Builder's plans and specifications for the original construction of a Residence and, in the event of such pre approval, the Builder shall then be authorized to construct the pre- approved Residence on different Lots without further approvals from the Committee. No fence or screen of any kind will be permitted if its installation will obstruct necessary site lines for vehicular traffic. Undue obstruction of view of other amenities from adjoining properties shall be considered by the Committee when reviewing applications for approval. Section 6.10 Power of Disapproval The Committee may refuse to grant permission to construct, place or make the requested improvement with or without cause. Common grounds for denial include, but are not limited to, a lack or absence of the following: (A) The plans, specifications, drawings or other material submitted must themselves be adequate and complete, show the proposed improvement, and not be in violation of this Declaration; and (B) The design or color scheme of a proposed improvement must be in harmony with the general surroundings of the Lot or with adjacent buildings or structures. Section 6.11 Power to Grant Variances The Committee may allow reasonable variances or adjustments of this Declaration where literal application would result in unnecessary hardship, but any such variance or adjustment shall be granted in conformity with the general intent and purposes of this Declaration, no variance or adjustment shall be granted which is materially detrimental or injurious to other Lots in the Development, and any such variance granted shall not be considered as precedent setting. Section 6.12 Statement of Purposes and Powers Subject to this Declaration and the restrictions contained herein, the Committee shall regulate the external design, appearance, use, location and maintenance of lands and improvements thereon in such a manner as to preserve and enhance values and maintain a harmonious relationship among structures and the natural vegetation and topography, and in keeping with the intent of the Title Holder and Declarant. ARTICLE VII CONTIGUOUS LOTS Section 7.1 Rules Governing Building on Several Contiguous Lots Having One Owner Whenever two or more contiguous Lots shall be owned by the same person, and such Owner shall desire to use two or more of said Lots as a site for a single dwelling house, such Owner must apply in writing to the Committee for permission to so use said Lots. If permission for such a use shall be granted, the Lots constituting the site for such single dwelling house shall be treated as a single Lot for the purpose of applying this Declaration to said Lots, so long as the Lots remain improved with one single dwelling house. In addition, the Owner must obtain all requisite and necessary permits and approvals from the municipality having zoning jurisdiction over the Property; provided, however, that with respect to the lots so combined, the Owner of the combined lots shall be obligated to pay Annual Assessments, One -Time Assessments, and/or Special Assessments for each originally platted Lot together constituting the combined Lots, and such Annual Assessments, One -Time Assessments, and Special Assessments shall be a lien on the combined Lots, all per the terms and conditions of Article X below. ARTICLE VIII USE AND OWNERSHIP OF COMMON AREA Section 8.1 Ownership A license upon such terms, conditions, rules and regulations as the Declarant, and successor, assigns or licensees of the Declarant, shall from time to time grant, for the use and enjoyment of the Common Area, is granted to the persons who are from time to time members of the Association; provided, however, that no residential development shall occur in the Common Area. Every Owner shall have a nonexclusive right and easement of enjoyment in common with all other Owners, in and to the Common Areas which nonexclusive right and easement of enjoyment shall be appurtenant to and pass with the title to every Lot; provided, however, that any area identified on a Plat as a Limited Common Area shall be for the exclusive use and benefit of Owners whose Lots abut the Limited Common Area, subject to (i) the right of the Association to perform and undertake maintenance of the Limited Common Area and (ii) all easements granted in this Declaration. The Common Areas shall be conveyed by quitclaim deed to the Association. Such conveyance shall be deemed to have been accepted by the Association and those persons who shall from time to time be members thereof upon the recording of a deed or deeds conveying such Common Area.to the Association. Section 8.2 Use. Common Area shall be used for such purposes as deemed appropriate by the Declarant until the end of the Development Period. Following the end the Development Period, the 19 Common Area shall be used for such purposes as deemed appropriate by the Association. Any Common Area depicted on the recorded plats of the Development or designated by the Title Holder as a Common Area shall remain for the exclusive use of the Owner(s), and their family members, guests, tenants, or contract purchaser who reside on the Lot(s). Neither the Title Holder's execution or recording of the plats nor the doing of any other act by the Title Holder is, or is intended to be, or shall be construed as, a dedication to the public of the Common Area. 20 ARTICLE IX LONG RIDGE ESTATES HOMEOWNERS ASSOCIATION, INC. Section 9.1 Association Duties The duties of the Association shall include the following: (i) the maintenance and repair of the Common Area including, but not limited to, the maintenance and repair of any and all lighting, landscaping, pools, amenity areas, the trails, and sidewalks located within a Common Area, (ii) reasonable efforts to maintain adequate aquatic control over and algae minimization within ponds located in any Common Areas or Conservation Easements, (iii) the maintenance and repair of any and all entrance monuments and signage, and the landscaping surrounding such entrances monuments and signage, (iv) maintenance and repair of all street signage, street lighting, and all improvements and landscaping existing in any landscape maintenance access easement and/or any sign landscape easement, (v) payment of real estate taxes for any and all Common Areas and the payment of all utility bills incident to any and all Common Areas, and (vi) the performance of any other obligations and duties of the Association specified herein. Section 9.2 Board of Directors The Owners shall elect a Board of Directors of the Association as prescribed by the Association's Articles and Bylaws. The Board of Directors shall manage the affairs of the Association. Directors need not be members of the Association. Section 9.3 Classes of Membership and Voting Rights The Association shall have the following two classes of voting membership: (A) Class A. Class A members shall be all Owners with the exception of the Title Holder and the Declarant. Class A members shall be entitled to one (1) vote for each Lot owned. When more than one person holds an interest in any Lot, all such persons shall be members. The vote for such Lot shall be exercised as the members holding an interest in such Lot determine among themselves, but in no event shall more than one vote be cast with respect to any Lot. (B) Class B. The Class B member shall be the Declarant. The Declarant shall be entitled (i) to five (5) votes for each Lot owned by the Declarant and also (ii) to five (5) votes for each Lot owned by the Title Holder. For purposes of this calculation, it shall be assumed that Declarant and the Title Holder together own all Lots, which number shall be reduced as Lots are conveyed by (i) the Title Holder to a Person other than the Declarant and (ii) the Declarant to a Person other than the Title Holder. The Class B membership shall cease and be converted to Class A membership on the happening of either of the following events, whichever occurs earlier (hereafter "Effective Date (i) December 31, 2020; or (ii) When the total number of votes outstanding in the Class A Membership is equal to the total number of votes outstanding in the Class B Membership; or (iii) when the Title Holder executes and records, with the Recorder's Office, a written instrument by which the Title Holder terminates the Class B membership. 21 Section 9.4 Membership Initially, the person(s) who serve as incorporator(s) of the Association shall be the member(s) (the "Initial Member(s)"). The Initial Member(s) shall remain member(s) of the Association until the Association Articles of Incorporation are accepted by the Indiana Secretary of State, at which time the Initial Member(s) shall cease to be member(s) unless they also qualify as Class A or Class B members. Every Owner of a Lot which is subject to assessment shall be a member of the Association. Apart from the Initial Member(s), a membership in the Association shall be appurtenant to and may not be separated from ownership of any Lot. Section 9.5 Professional Management No contract or agreement for professional management of the Association, nor any other contract between Declarant and the Association, shall be for a term in excess of three (3) years. Any such agreement or contract shall provide for termination by either party with or without cause and without payment of any termination fee upon written notice of ninety (90) days or less. After the Applicable Date, the Association shall at all times be managed by a professional management company, and the Annual Assessment shall automatically, without notice or meeting, be increased in an amount necessary to fund the cost of such professional management. Section 9.6 Limitations on Rights of the Association As long as there is a Class B Member, the Association may not use its resources, nor take a public position in opposition to future phases of Long Ridge Estates proposed by the Title Holder or changes to current phases of proposed by the Title Holder. Nothing in this paragraph shall be construed to limit the rights of the members acting as individuals or in affiliation with other members or groups as long as they do not employ the resources of the Association or identify themselves as acting in the name, or on the behalf of the Association. ARTICLE X ASSESSMENTS Section 10.1 Creation of Lien and Personal Obligation of Assessments Each Owner of any Lot, except the Title Holder, the Declarant, and any Builder, by acceptance of a deed therefore, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association the following: (A) Annual Assessments (hereafter defined); (B) One -Time Assessment (hereafter defined); (C) Special Assessments (hereafter defined) for costs of enforcement of the Declaration, capital improvements and operating deficits, copies of Association documents if requested by a member, and such assessments to be established and collected as hereinafter provided or established by the Board; and (D) Violation Assessments (hereafter defined) levied for a violation of this Declaration. Section 10.2 Annual Budget By majority vote of the Board of Directors, the Board of Directors shall adopt an annual budget for the subsequent fiscal year, which shall provide for the allocation of expenses in such a manner that the obligations imposed by the Declaration and all Supplemental Declarations can effectively be met. Section 10.3 Annual Assessment (A) Amount. The Annual Assessment provided for herein shall be per calendar year and shall commence for each Lot on the date of closing of the sale of a Lot to an Owner 22 other than Title Holder, the Declarant, or a Builder. The Annual Assessment, commencing during the calendar year in which the first Lot is conveyed to an Owner other than the Title Holder, the Declarant, or a Builder, shall be $796.00 per Lot. The Annual Assessment for the calendar year shall be pro -rated to year -end. The Board of Directors shall fix any increase in the amount of the Annual Assessment at least thirty (30) days in advance of the effective date of such increase. The initial due date for annual assessments shall be January I" of each calendar year, and such assessment shall be subject to collection and late charges beginning on January 31 of each calendar year. The Annual Assessment may be billed on an annual basis (with a due date of January 1) or on a semi- annual basis (with due dates of January 1 and July 1), as determined by the Board of Directors. (B) PuKpose of Assessments. The annual assessment levied by the Association shall be used in the reasonable discretion of the Board of Directors to fulfill the duties and obligations of the Association specified in this Declaration and shall include all administrative fees, including, without limitation, the cost of professional management, which are charged to the Association for services deemed acceptable by the Board of Directors. (C) Method of Assessment. By a vote of a majority of the Board of Directors, the Board of Directors shall, on the basis specified in Section 10.7 below, fix the Annual Assessment for each assessment year at an amount sufficient to meet the obligations imposed by this Declaration upon the Association. The Board of Directors during any calendar year shall be entitled to increase the Annual Assessment for that year if it should determine that the estimate or current assessment is insufficient for that year, provided that the Board of Directors shall give at least thirty (30) days advance notice thereof to the Owners. The Board of Directors shall establish the date(s) the Annual Assessment shall become due, and the manner in which it shall be paid. Section 10.4 One -time Assessment. Upon (i) the sale of any Lot by the Declarant to an Owner other than a Builder or the Title Holder, or (ii) the sale of any Lot by the Title Holder to an Owner other than the Declarant or a Builder, the purchaser of such Lot shall pay to the Association, in addition to any other amounts then owed or due to the Association, as a contribution to its working capital and start-up fund, an amount of Two Hundred Fifty Dollars ($250.00) against such Lot, which payment shall be non refundable and shall not be considered as an advance payment of any assessment or other charge owed the Association with respect to such Lot. Such working capital and start-up fund shall be held and used by the Association for payment of, or reimbursement to Title Holder and/or Declarant for advances made to pay, expenses of the Association for its early period of operation of the Development, to enable the Association to have cash available to meet unforeseen expenditures, or to acquire additional equipment or services deemed necessary by the Board. Section 10.5 Special Assessment In addition to such other Special Assessments as may be authorized herein, the Board of Directors may levy in any year a Special Assessment(s) for the purpose of enforcing these covenants and restrictions, for legal expenses, for collection expenses, other activity that is the responsibility of an Owner hereunder but which such Owner has not undertaken as required hereunder, for defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of any capital improvement which the Association is required to maintain and/or for operating deficits which the Association may from time to time incur, provided that any such assessment shall have the assent of a majority or the votes of the members who are voting in person or by proxy at a meeting duly called for this purpose. 23 Section 10.6 Violation Assessment In addition to all other assessments as be authorized herein, the Board of Directors may levy a Violation Assessment against an Owner and the Owner's Lot, (i) for a violation of this Declaration, (ii) for costs incurred by the Association by reason of the Owner's failure to maintain such Owner's Lot and Residence in accordance with the provisions of this Declaration, or (iii) for damages if any portion of the Common Area that the Association is obligated to maintain, repair and/or replace is damaged due to the willful or negligent act or omission of such Owner or Owner's guest or invitee. In the event of such failure to maintain or damage, the Board shall have the right to undertake the necessary maintenance, repair or replacement. The choice between repair or replacement is in the sole discretion of the Board. Section 10.7 Basis for Assessment (A) Lots Generally. Each Lot owned by a person other than the Declarant, Title Holder or a Builder shall be assessed at a uniform rate without regard to whether a Residence has been constructed upon the Lot. (B) Lots Owned by the Title Holder, the Declarant, or Builder. Notwithstanding anything in this Declaration to the contrary, under no circumstances shall the Title Holder, the Declarant, and/or any Builder pay or be liable for any Annual Assessments and/or Special Assessments with respect to any Lot and/or Residence owned by the Title Holder, the Declarant and/or Builder. Section 10.8 Notice and Due Date Written notice of special assessments and such other assessment notices as the Board of Directors shall deem appropriate shall be delivered to every Owner subject thereto. The due dates for all assessments shall be established by the Board of Directors. Section 10.9 Assessment Liens All Assessments, together with interest thereon, attorneys fees, and other costs of collection permitted by this Declaration to be collected, shall be a charge on the land and shall be a continuing lien upon the Lot against which each Assessment is made until paid in full. Each Assessment, together with interest thereon and costs of collection thereof, including reasonable attorney fees, shall also be the personal obligation of the Person who was the Owner of the Lot at the time when the Assessment became due. Section 10.10 Failure of Owner to Pay Assessments No Owner, by waiver of the use or enjoyment of the Common Areas, or by abandonment of the Residence belonging to such Owner, may exempt himself or herself from paying Annual Assessments or Special Assessments, or from contributing toward the expenses of administration and/or maintenance and repair of the Common Areas and toward any other expense lawfully agreed upon. Each Owner shall be personally liable for the payment of all Annual Assessments, Special Assessments, Violation Assessments and all other charges. Where the Owner constitutes more than one person, the liability of such persons shall be joint and several. If any Owner shall fail, refuse or neglect to make any payment of any Annual Assessments, Special Assessments, or Violation Assessments when due, the lien for such assessment on the Owner's Residence may be foreclosed by the Board of Directors for and on behalf of the Association, as provided by law. Upon the failure of an Owner to make payments of any Annual Assessments, Special Assessments, or Violation Assessments within ten (10) days after such are due, the Board of Directors, in its discretion and regardless of whether litigation is commenced, may: (A) impose a uniform monthly late charge, which will be considered an addition to the assessment, in an amount to be determined by the Board of Directors of up to twenty -five percent (25 of the amount of the Assessment; 24 25 (B) accelerate the entire balance of the unpaid Assessments for the remainder of the fiscal year and declare the same immediately due and payable, notwithstanding any other provisions hereof to the contrary; (C) require that, in addition to the delinquent assessment and any applicable late charge, the Owner of the respective Residence also pay (i) any attorney's fees incurred incident to the collection of the delinquent assessment and (ii) collection costs incurred by the Association to the managing agent for processing delinquent owners' accounts; (D) suspend such Owner's right to use the Common Areas as provided in the Indiana Nonprofit Association Act of 1991, as amended; and (E) suspend such Owner's right to vote as provided in the Indiana Nonprofit Association Act of 1991, as amended. In any action to foreclose the lien for any Assessments, the Board of Directors shall be entitled to the appointment of a receiver for the purpose of preserving the Residence and to collect the rentals and other profits therefrom for the benefit of the Association to be applied to the unpaid Annual Assessments, Special Assessments, and/or Violation Assessments. The Board of Directors may, at its option, bring a suit to recover a money judgment for any unpaid Annual Assessments, Special Assessments, and/or Violation Assessments without foreclosing or waiving the lien securing the same. In any action to recover an Annual Assessment, Special Assessment, and/or Violation Assessments, whether by foreclosure or otherwise, the Board of Directors, for and on behalf of the Association, shall be entitled to recover costs and expenses of such action incurred, including but not limited to collection costs incurred by the Association to the managing agent for processing delinquent owners' accounts and reasonable attorney's fees, from the Owner of the respective Residence. Section 10.11 Certificates The Association shall, upon reasonable request by an Owner, at any time, furnish a letter in writing signed by an officer of the Association, indicating the accounting status of assessments on a Lot showing the balance due the Association, if any. Section 10.12 Subordination of the Lien to Mortizages The lien of the assessments provided for herein against a Lot shall be subordinate to the lien or any recorded first mortgage covering such Lot and to any valid tax or special assessment lien on such Lot in favor of any governmental taxing or assessing authority. Sale or transfer of any Lot shall not affect the lien of assessments levied under this Article X. The sale or transfer of any Lot pursuant to mortgage foreclosure or any proceeding in lieu thereof shall, however, extinguish the lien of such assessments which became due or are attributable to the period of time prior to such sale or transfer. No sale transfer shall relieve such Lot from liability for any assessments thereafter becoming due or from the lien thereof. ARTICLE XI REMEDIES Section 11.1 Delay or Failure to Enforce No delay or failure on the part of any aggrieved party to invoke any available remedy with respect to a violation of any one or more of covenants, conditions, and restrictions in this Declaration shall be held to be a waiver by that party or an estoppel of that party of any right available to such party upon the occurrence, reoccurrence or continuation of such violation or violations of this Declaration. 26 Section 11.2 In General The Association or any party to whose benefit this Declaration inures, including the Title Holder, the Declarant and/or any Owner, may proceed at law or in equity to prevent the occurrence or continuation of any violation of these Restrictions, or to compel compliance with these Restrictions and Covenants, and shall be entitled to recover costs of collection and reasonable attorney's fees; however, neither the Title Holder, nor the Declarant, nor the Association, shall be liable for damages of any kind to any person for failing either to abide by, enforce, or carry out any terms, conditions, or restrictions contained in this Declaration. ARTICLE XII EFFECT ON BECOMING AN OWNER Section 12.1 The Owner(s) of any Lot subject to this Declaration, by acceptance of a deed conveying title thereto, or by virtue of the execution of a contract for the purchase thereof, whether from Title Holder, the Declarant, a Builder, or a subsequent Owner of such Lot, shall accept such deed and execute such contract subject to each and every covenant, condition, and restrictions contained in this Declaration. By acceptance of such deed or execution of such contract each Owner acknowledges the rights and powers of the Title Holder, the Declarant, Committee, and Association contained in this Declaration, and also, for themselves, their heirs, personal representatives, successors and assigns, such Owner(s) covenant and agree and consent to and with the Title Holder, the Declarant, Committee and the Association and to and with the other Owners and subsequent Owners of each of the Lots affected by this Declaration to keep, observe, comply with and perform such covenants, conditions, and restrictions contained in this Declaration. ARTICLE XIII TITLES Section 13.1 The titles preceding the various Sections and paragraphs of this Declaration are for convenience of reference only and none of them shall be used as an aid to the construction of any provisions of this Declaration. Wherever and whenever applicable, the singular form of any word shall be taken to mean or apply to the plural, and the masculine form shall by taken to mean or apply to the feminine or to the neuter. ARTICLE XIV GENERAL PROVISIONS Section 14.1 Enforcement and Exemption The Title Holder, the Declarant, Association or any Owner shall have the right to enforce, by a proceeding at law or in equity, all restrictions, conditions, covenants, reservations, easements, liens and charges now or hereafter imposed by the provisions of this Declaration or other Association documents unless such right is specifically limited. Failure by the Association or by any Owner to enforce any right, provision, covenant or condition which may be granted by this Declaration shall not constitute a waiver of the right of the Association or an Owner to enforce such right, provision, covenant or condition in the future. All rights, remedies and privileges granted to the Association or any Owner pursuant to any term, provision, covenant or condition of the Declaration shall be deemed to be cumulative and the exercise of any one or more thereof shall not be deemed to constitute an election of remedies nor shall it preclude the party exercising the same from exercising such privileges as may be granted to such party by this Declaration or at law or in equity. 27 Notwithstanding anything in this Declaration to the contrary, (i) the Title Holder, the Declarant and any Builder reserves a right to carry on construction, development, and sales activities, to place equipment, machinery, supplies and signs, construct and maintain models or other structures, and park vehicles of prospective or actual purchasers, lessees, or employees and personnel of the Title Holder and/or the Declarant, on any part of the Property owned by the Title Holder, the Declarant, a Builder, or the Association and (ii) none of the terms, conditions, provisions, and restrictions set forth in this Declaration shall be construed, in any manner, to limit any activity of the Title Holder, the Declarant or a Builder in the construction, development, and sales activities pertaining to the Property. Section 14.2 Severability; Headings; Conflict Invalidation of any one of the provisions of this Declaration by judgment or court order shall in no way affect any other provision, which shall remain in full force and effect. Titles of paragraphs are for convenience only and are not intended to limit or expand the covenants, rights or obligations expressed therein. In the case of any conflict between the Articles of Incorporation and this Declaration, the Declaration shall control; in the case of any conflict between this Declaration and the By -Laws, this Declaration shall control. Section 14.3 Duration The covenants, reservations, restrictions and other provisions of this Declaration shall run with and bind the Property subject hereto and shall inure to the benefit of the Declarant or any Owner subject to this Declaration, their respective legal representatives, heirs, successors and assigns, for a term of 20 years from the date this Declaration is recorded. Upon the expiration of such initial period, this Declaration shall automatically be extended for successive periods of ten (10) years. The number of ten (10) year renewal periods hereunder shall be unlimited, with this Declaration being automatically renewed and extended upon the expiration of each ten (10) year renewal period for an additional ten (10) year period; provided, however, that there shall be no renewal or extension of this Declaration if during the last year of the initial period, or during the last year of any subsequent ten (10) year renewal period, three- fourths (3/4) of the votes cast at a duly held meeting of Members of the Association vote in favor of terminating this Declaration at the end of its then current term. It shall be required that written notice of any meeting at which such proposal will be considered shall be given at least forty -five (45) days in advance of said meeting. If the Members vote to terminate this Declaration, the president and secretary of the Association shall execute a certificate which shall set forth the resolution of termination so adopted, the date of the meeting of the Association, the total number of votes cast in favor of such resolution, and the total number of votes cast against such resolution. Said certificate must be signed by all Mortgagees in existence one (1) year prior to the termination of such term or extension agreeing to terminate this Declaration. Said certificate shall be recorded in the Public Records of Hamilton County, Indiana, and may be relied upon for the correctness of the facts contained therein as they relate to the termination of this Declaration, upon which event this Declaration shall be terminated upon the expiration of the original term or the ten (10) year extension during which such instrument of termination was recorded. Section 14.4 Amendment Until after the occurrence of the end of the Development Period, the Declarant reserves the exclusive right, at any time, in its sole discretion and without notice, to make any modifications or amendments to this Declaration deemed necessary or desirable by the Declarant and, therefore, for instance only and not by way of limitation, the Declarant reserves the right to amend this Declaration to comply with any requirements of the Federal Agencies. After the end of the Development Period, modifications and amendments to this Declaration may be made from time to time upon the affirmative vote of two thirds (2/3) of all Members of the Association at any Annual or Special meeting called for that purpose; provided, however, that the full text of any proposed amendments shall be included in the notice of such Annual or Special meeting and the voting requirements specified for any action under any provisions of this Declaration shall also apply to any 28 amendment of such provisions, and no amendment shall be effective which is in contravention of the duties, responsibilities or obligations of the Association or the Members as provided in this Declaration. Section 14.5 Waiver The Title Holder and Declarant, as the present most interested parties in maintaining the high quality of development which by these covenants is sought to be assured for the Property, hereby expressly reserves unto itself (so long as these restrictions are in effect), the unqualified right to waive or alter from time to time such of the herein contained restrictions as it may deem best, as to any one or more of the Lots, which waiver or alteration shall be evidenced by the mutual written consent of the Declarant and the then -Owner of the Lot as to which some or all of said restrictions are to be waived or altered; such written consent to be duly acknowledged and recorded in the Office of the Recorder of Hamilton County, Indiana. Section 14.6 Management Contracts For such time as the Declarant has Class B membership status, the Declarant shall have the right to enter into professional management contracts on behalf of the Association for the management of the Property for terms not to exceed one (1) year; provided, however, that the Association shall have the right to terminate such contracts, with or without cause, upon thirty (30) days' written notice to the other party and without payment of a termination fee. Section 14.7 Dissolution The Association may be dissolved with the assent given in writing and signed by at least two thirds (2/3) of each class of Members and in accordance with Article 13 of the Act. Upon dissolution of the Association, other than incident to a merger or consolidation, the assets of the Association, both real and personal, shall be offered to an appropriate public agency to be devoted to purposes and uses that would most nearly reflect the purposes and uses to which they were required to be devoted by the Association. In the event that such offer of dedication is refused, such assets shall be then offered to be granted, conveyed or assigned to any non profit corporation, trust or other organization devoted to similar purposes and in accordance with Indiana law. Any such dedication or transfer of the Common Area shall not be in conflict with then- governing zoning ordinances or the designation of the Common Area as "open space ARTICLE XV TITLE HOLDER'S AND DECLARANT'S RIGHTS Section 15.1 Any and all of the rights and obligations of the Title Holder and Declarant set forth in this Declaration may be transferred, in whole or in part, to other persons or entities, provided that the transfer shall not reduce an obligation nor enlarge a right beyond that contained in this Declaration. No such transfer shall be effective unless it is in a written instrument signed by both the Declarant and/or the Title Holder, and duly recorded with the Recorder of Hamilton County, Indiana. Section 15.2 Without notice or vote and at any time, the Title Holder, in its sole and absolute discretion, may remove Pulte as the Declarant, with or without cause, and may designate some other Person as Declarant. Section 15.3 Nothing in this Declaration shall be construed in a manner that limits or restricts the Title Holder, the Declarant and/or any Builders in their development of the Property and construction of residences thereon. Therefore, notwithstanding anything herein to the contrary, the Title Holder, the Declarant and/or any Builders authorized by Title Holder, may maintain and carry upon portion of the Common Area, and other portions of the Property and Lots owned by the Title Holder, such facilities and activities as, in the sole opinion of the Title Holder, may be reasonably W required, convenient, or incidental to the construction or sale of Residences including, but not limited to, business offices, signs, model units, sales offices, and sales trailers. IN TESTIMONY WHEREOF, witness the signature of the Title Holder of this Declaration as of the date first above written. PPV, LLC, an Indiana limited liability company STATE OF INDIANA SS: COUNTY OF MAR210 II Before me, a Notary Public, in and for said County and State, personally appeared Steven R. Edwards, Vice President and Chief Financial Officer of Platinum Properties, LLC, an Indiana limited liability company, Manager of PPV, LLC, an Indiana limited liability company, as the Title Holder herein, and acknowledged the execution of the foregoing Declaration of Covenants, Conditions, and Restrictions of Long Ridge Estates this �i day of c3AF 2005. My Commission Expires: Resident of WINNER MU N Printed: it 1 :►1' Ali: 30 PULTE HOMES OF INDIANA, LLC an Indiana limited liability company By: David Compton, Vice President of Land Acquisition STATE OF INDIANA SS: COUNTY OF k+W Before me, a Notary Public, in and for said County and State, personally appeared David Compton, Vice President of Land Acquisition of Pulte Homes of Indiana, LLC, an Indiana limited liability company, as the Declarant herein, and acknowledged the execution of thA foregoing Declaration of Covenants, Conditions, and Restrictions of Long Ridge Estates this Q (0 1 r"" day of 2005. y Commis iQn Expires: 1. 1 Notary Public Resident of Ltyf vin �hVl County, Indiana Printed: 31 EXHIBIT "A" LAND DESCRIPTION Parcel l A part of the South Half of the Southeast Quarter of Section 19, Township 18 North, Range 3 East, Clay Township, Hamilton County, Indiana, more particularly described as follows: Commencing at the Southeast corner of said Half Quarter Section; thence North 00 degrees 02 minutes 40 seconds East along the East line of said Half Quarter Section a distance of 750.18 feet to the POINT OF BEGINNING of this description; thence South 89 degrees 50 minutes 25 seconds West 1,347.12 feet to a fence corner post; thence South 00 degrees 09 minutes 35 seconds East 65.02 feet to an iron pin; thence North 89 degrees 51 minutes 46 seconds West 258.80 feet to an iron pin; thence North 00 degrees 09 minutes 35 seconds West 63.68 feet to an iron pin; thence South 89 degrees 50 minutes 25 seconds West 359.74 feet to an iron pin; thence North 00 degrees 08 minutes 03 seconds East 563.99 feet to the North line of said Half Quarter Section; thence North 89 degrees 51 minutes 09 seconds East along said North line 867.89 feet to an iron pin; thence South 00 degrees 48 minutes 47 seconds West 256.68 feet to an iron pin; thence North 89 degrees 47 minutes 36 seconds East 1,100.33 feet to the East line of said Half Quarter Section; thence South 00 degrees 02 minutes 41 seconds West along said East line 308.06 feet to the place of beginning, containing 19.359 acres, more or less. Parcel 2 A pail of the South Half of the Southeast Quarter of Section 19, Township 18 North, Range 3 East, in Clay Township, Hamilton County, Indiana, more particularly described as follows: Commencing at the Southeast corner of said Quarter Section; thence North 00 degrees 02 minutes 40 seconds East along the East line of said Quarter Section a distance of 20.00 feet to the POINT OF BEGINNING of this description; thence South 89 degrees 56 minutes 31 seconds West parallel to the South line of said Quarter Section a distance of 1,975.57 feet; thence North 00 degrees 04 minutes 10 seconds West 311.78 feet; thence South 89 degrees 56 minutes 31 seconds West parallel to the South line of said Quarter Section a distance of 649.46 feet to the West line of said Quarter Section; thence North 00 degrees 01 minute 01 second West along said West line 977.87 feet to the Northwest corner of said Half Quarter Section; thence North 89 degrees 51 minutes 09 seconds East along the North line of said Half Quarter Section a distance of 661.93 feet to an iron pin; thence South 00 degrees 08 minutes 03 seconds West 563.99 feet to an iron pin; thence North 89 degrees 50 minutes 25 seconds East 359.74 feet to an iron pin; thence South 00 degrees 09 minutes 35 seconds East 63.68 feet to an iron pin; thence South 89 degrees 51 minutes 46 seconds East 258.80 feet to an iron pin; thence North 00 degrees 09 minutes 35 seconds West 65.02 feet to a fence corner post; thence North 89 degrees 50 minutes 25 seconds East 1,347.12 feet to the East line of said Quarter Section; thence South 00 degrees 02 minutes 40 seconds West along said East line 730.18 feet 32 to the place of beginning, containing 47.403 acres, more or less. Parcel 3 A part of the East Half of the Southwest Quarter of Section 19, Township 18 North, Range 3 East, Hamilton County, Indiana, more particularly described as follows: Beginning at the Northwest corner of said Half Quarter Section; thence North 89 degrees 45 minutes 15 seconds East along the North line of said Half Quarter Section a distance of 1,314.96 feet to the Northeast corner thereof; thence South 00 degrees 01 minutes 01 seconds East along the East line of said Half Quarter Section a distance of 1,845.62 feet; thence South 89 degrees 54 minutes 54 seconds West 1,314.88 feet to the West line of said Half Quarter Section; thence North 00 degrees 01 minutes 09 seconds West along said West line 1,841.92 feet to the place of beginning, containing 55.657 acres, more or less. 33 EXHIBIT "B" LAND DESCRIPTION Hiatt A part of the South Half of the Southeast Quarter of Section 19, Township 18 North, Range 3 East, Clay Township, Hamilton County, Indiana, more particularly described as follows: Beginning at the Southeast corner of said Quarter Section; thence South 89 degrees 56 minutes 31 seconds West along the South line of said Quarter Section a distance of 2,625.30 feet to the Southwest corner of said Quarter Section; thence North 00 degrees 01 minutes 01 seconds West along the West line of said Quarter Section a distance of 331.78 feet; thence North 89 degrees 56 minutes 31 seconds East parallel with the South line of said Quarter Section a distance of 650.25 feet; thence South 00 degrees 03 minutes 29 seconds East 311.78 feet; thence North 89 degrees 56 minutes 31 seconds East parallel with the South line of said Quarter Section a distance of 1,974.84 feet to the East line of said Quarter Section; thence South 00 degrees 02 minutes 40 seconds West along said East line 20.00 feet to the place of beginning, containing 5.860 acres, more or less. 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