HomeMy WebLinkAboutDRAFT Covenants & Restrictions REVISED 10-16-00
DECLARATION
OF
COVENANTS, CONDITIONS AND RESTRICTIONS
OF n frY8 CENED
GUILFORD PARK uCT p9
-t 017
THIS DECLARATION, made and entered into this day of p 2000, by
"Developer
WITNESSETH:
WHERAS, Developer is the fee simple title holder of all the lands in Hamilton County,
contained in and fully described on Exhibit "A attached hereto and made a part hereof (hereinafter
the "Real Estate
WHEREAS, Developer intends to divide the Real Estate into one hundred nine (109) tracts
(each such tract hereinafter referred to individually as a "Lot" and collectively as "Lots more or
less, such subdivision known as Guilford Park.
WHEREAS, Developer desires to sell and convey Lots subject to the imposition of certain
mutual and beneficial easements, restrictions, covenants, conditions and charges designed to assure
ingress and egress thereto and to protect the value and desirability thereof.
NOW, THEREFORE, Developer hereby declares that each Lot and all Lots shall be held,
conveyed, encumbered, leased, rendered, used, occupied and improved subject to the following
covenants, conditions and restrictions, which shall run with the Real Estate and be binding on each
party having any right, title or interest in any Lot or Lots, and his, her or its heirs, beneficiaries,
successors, assigns and personal and legal representatives, and which covenants, conditions and
restrictions shall inure to the benefit of the Owners and each and every one of the Owner's
successors in title to any Lot or Lots into which the Real Estate is subdivided.
ARTICLE I
Definitions
Section 1.01. Declaration: "Declaration" shall mean this instrument, together with any
amendments or changes hereto which are hereafter made and evidenced as herein required.
Section 1.02. Developer: "Developer" shall mean or its
successors or assigns in the ownership, development and division of the Real Estate, and/or any
person, firm, corporation or other legal entity specifically designated as such as set out in Article III
of this Declaration.
Section 1.03. Driveway: "Driveway," referred to in the plural as "Driveways," shall mean
that portion of any Lot developed and hard surfaced for the purpose of permitting ingress and egress
to and from such Lot from any public road, easement or private roadway.
Section 1.04. Lot Development Plans: "Lot Development Plans" shall mean and consist of
the following plans: (i) a site plan, prepared by a licensed civil engineer or registered surveyor
approved by Developer, showing existing improvements on a Lot, any proposed alteration of the
topography, elevation or natural state of the Lot in connection with the improvement thereof or any
construction thereon, and locating thereon all proposed improvements and structures showing
finished floor elevations and details relating to drainage; (ii) complete house building and/or
accessory structure plans, including structural details, exterior elevations and floor plans; (iii)
material plans and specifications; (iv) detailed landscaping plans describing the size and name of all
plantings as well as location and size of trees which will be removed as part of the construction
process; (v) all other data or information which Developer may reasonably request, including, but not
limited to, a fully executed original and two (2) copies of the CHECK LIST OF COMPLIANCE
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FOR GUILFORD PARK, as well as all accompanying plans, specifications and data requested
therein.
Section 1.05. Lots: "Lot" (also referred to as "Tract referred to in the plural thereon as
"Lots shall mean any of the one hundred nine (109) tracts, more or less, into which the Real Estate
is subdivided, the legal description being attached as Exhibit "A which tracts are to be numbered in
sequence as set out in the plat of Guilford Park as recorded in the Office of the Recorder of Hamilton
County, Indiana, and any subsequent phases recorded thereto, as any tract(s) may be enlarged or
diminished by Developer in connection with a reconfiguration thereof (in which event each tract
shall be defined by the outside boundaries thereof). In no event shall any reconfiguration result in any
tract having an area less than the area permitted by applicable zoning laws and in no event shall the
Real Estate be divided to permit the construction of more than one hundred nine (109) single- family
residences and related improvements otherwise permitted hereunder.
Section 1.06. Maintenance Costs: "Maintenance Costs" shall mean all of the costs necessary
to keep the facility or improvements which the Property Owners' Association has determined is for
the common good, operational and in good condition, including but not limited to (i) the costs for all
upkeep, maintenance, repair or replacement of all or any part thereof, (ii) payment of all insurance
premiums and taxes imposed thereon and on the underlying easement or right -of -way, and any other
expense related to the continuous operation thereof and (iii) costs associates with the operation of the
Property Owners' Association or incurred in connection with the enforcement of the terms and
provisions of this Declaration.
t tion 1.07. Non Disturb Areas: "Non- Disturb Areas shall mean those areas shown on
the plat of subdivision along the perimeter of the Subdivision.
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Section 1.08. Owner: "Owner," referred to in plural as "Owners," shall mean and refer to the
record owner, whether one or more persons or entities, their respective heirs, beneficiaries,
successors, assigns and personal and legal representatives, of the legal title to any Lot, including
contract sellers, but excluding those having such interests merely as security for the performance of
an obligation. Developer shall also be considered an owner for purposes of this Declaration for so
long as, and to the extent that, Developer owns a Lot or Lots.
Section 1.09. Property Owners' Association: "Property Owners' Association" shall mean
the unincorporated association of owners established in accordance with Article IV of this
Declaration, or such other legal entity as may be formed as a successor thereto.
Section 1.10. Subdivision: "Subdivision" shall mean the Real Estate as divided into Lots, all
as evidenced by a plat thereof as recorded in the Office of the Recorder of Hamilton County, Indiana,
identified as the plat of Guilford Park, and any subsequent endment recorded thereto.
ARTICLE II
Character of Lots
Section 2.01. General: In every Lot or group of Lots referred to in these covenants shall be
used exclusively for single family residential purposes.
Section 2.02. Improvements and Development of Lots: No Lot shall be further divided to
create any additional tract upon which a single family residence and improvements otherwise
permitted hereunder may be constructed, nor shall any improvements be made thereto or
construction commence, proceed or continue thereon, except in strict accordance with the terms and
provisions of this Declaration. Not more than one (1) single family dwelling house, together with
attached garage and such related accessory structures and recreational facilities as may be permitted
by this Declaration shall be constructed, altered, placed or permitted to remain on any Lot referred to
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by the covenants. In the event of multiple Lot ownership, no single family dwelling house shall be
constructed on or across a portion of more than one (1) Lot without the express written consent of
the Developer herein.
Section 2.03. Occupancy or Residential Use of Partially Completed Dwelling House
Prohibited: No dwelling house constructed on a Lot shall be occupied or used for residential
purposes for human habitation until it has been substantially completed. The determination of
whether a dwelling house has been "substantially completed" shall be made by Developer and the
City of Carmel, Indiana, and such decision shall be binding on all parties affected thereby.
Section 2.04. Protection of Non Disturb Areas. The Developer and/or any Owner shall not
take any action nor permit any individual or entity to take any action that could or would disturb the
natural state of the Non Disturb Areas. This shall not prevent an Owner from taking reasonable
actions and measures to preserve and maintain the trees located in those Non Disturb Areas or
generally maintaining those Non Disturb Areas in a healthy and safe condition; including, but not
limited to, the removal of dead, decayed or dangerous trees or vegetation.
ARTICLE III
Developer
Section 3.01. Developer: The powers and authorities contained in this Article shall be vested
in Developer and the covenants, conditions and restrictions in Article V of this Declaration shall be
administered and enforced by Developer, or their designated successors and /or assigns. Developer's
administration and enforcement of such covenants, conditions and restrictions shall include, but not
be limited to, approval of Lot Developments Plans prior to the improvement of any Lot. Neither the
exercise of such administration and enforcement duties by Developer, nor the approval of any Lot
Development Plans by Developer, shall relieve any owner of any duty and obligation imposed by this
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Declaration or compliance with the covenants, conditions or restrictions as the same are recorded in
the office of the Hamilton County Recorder. In the event that a written approval is not received from
Developer within thirty (30) days from the date submittals are made, the failure to issue such written
approval shall mean the disapproval thereof. In the event of a disapproval, Developer shall give a
short statement of the reason or reasons for such disapproval within ten (10) days following receipt
of a written request to do so. The Developer shall not unreasonably withhold approval and shall act
in a manner which is neither arbitrary or capricious. However, Developer reserves the right to
unilaterally deny approval of Lot Development Plans if the single family dwelling is inconsistent as
to design, color, building materials, size or costs with adjacent lots.
Section. 3.02. Powers of Developers: No Lot shall be developed and no single family
dwelling house, accessory building, driveway or other structure or improvement of any type, kind or
character shall be constructed, placed, altered or permitted to remain on any Lot in the Subdivision
without the prior written approval of Developer. Any required approval shall be requested by an
Owner by written application to Developer. Such written application shall be made in the manner
and form prescribed from time to time by Developer, and shall be accompanied by three (3) complete
sets of Lot Development Plans as defined in Section 1.04 of these covenants, and such other
information as may be reasonably required by Developer. The authority given to Developer hereby is
for the purpose of determining whether the proposed improvement and development of a Lot is
consistent with the terms and provisions of this Declaration, is consistent with and meets
Developer's overall plans for improvement and development of the Real Estate and is compatible
and consistent with the development of other Lots. In furtherance of the foregoing purposes,
Developer is hereby given discretion as to matters related to location, building orientation, layout,
design, architecture, color schemes and appearance in approving Lot Development Plans. Any house
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building or other accessory structure plans included as a part of any application to Developer for
required approvals shall set forth the color and composition of all exterior materials proposed to be
used and any site plan submitted shall describe and detail all proposed landscaping and include any
other material or information which Developer may reasonably require. All plans submitted shall be
prepared by a registered land surveyor and an engineer or architect unless Developer specifically
permits otherwise.
Section 3.03. Liability of Developer: Neither Developer, nor his agents, successors or
assigns, shall be responsible in any way for any defects or insufficiencies in any plans, specifications
or other materials submitted for review, whether or not approved by Developer, nor for any defects in
any work done in accordance therewith. Developer shall not be liable to any person, firm,
corporation, or other legal entity aggrieved by Developers' exercise of (or failure to exercise) any of
his powers as specified in Section 3.02 hereof, and shall have no liability whatsoever which is
claimed or alleged to result, in whole or in part, upon refusal by Developer to approve Lot
Development Plans submitted to Developer.
Section 3.04. Inspection: Developer, the Property Owners' Association or their assigns and
the Carmel -Clay Township Plan Commission shall have the right to go upon any Lot, without being
a trespasser, to inspect any work being performed thereon, in order to assure compliance with this
Declaration and conformity with Lot Development Plans and with any other plans or submittals
made to him and upon which any approvals required by this Declaration are based.
Section 3.05. Assignment of Duties: All of the duties, responsibilities and rights held by
Developer under this Declaration shall be exercised and administered by Developer in good faith
until such time, if any, as they may be assigned by Developer to another or one or more Owners
referenced by these covenants or any other legal entity formed as a successor thereto. Any such
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assignment shall be at the option and sole discretion of Developer and may be made at any time or
stage of development. Any assignment by Developer shall be by written instrument duly executed
and recorded in the Hamilton County Recorder's office. Following such assignment and recordation,
the duties and responsibilities and rights of Developer under this Declaration shall immediately vest
in and be performed by the assignee or successor.
ARTICLE IV
Association of Property Owners and Assessments
Section 4.01. Association of Property Owners: In order to provide for the continuing
maintenance and administration of the Subdivision, there is to be established an Indiana Non -Profit
Corporation under the name of Guilford Park Property Owner Association, Inc. The Property
Owners' Association shall be comprised of and limited in members to the Owners from time to time
of the several Lots within the Subdivision. Membership in the Property Owners' Association shall
commence immediately upon becoming an Owner and continue for so long as ownership of a Lot or
Lots continues. At such time as an Owner conveys title and ceases to be an Owner, membership in
the Association shall terminate. A new owner of a Lot shall automatically become a member.
Although an owner need not participate in the administration of the Subdivision, all Owners and the
ownership of any Lot or Lots shall be subject to any and all rules and regulations duly established by
the Property Owners' Association (as well as being subject to the rights of Developer and the terms
and provisions of this Declaration) and shall be liable for the payment of all assessments levied by
the Property Owners' Association. The Property Owners' Association may assign or otherwise
transfer its rights, responsibilities and duties under this Declaration to any legal entity which maybe
formed as a successor thereof. Any such assignment or transfer shall be in writing and shall be
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effective when written evidence thereof is duly recorded with reference to this Declaration in the
office of the Recorder of Hamilton County, Indiana.
Section 4.02. Rights and Duties of the Property Owners' Association: The Property
Owners' Association shall be responsible for the following:
A. Protection, surveillance and replacement of the common areas including, but not
limited to, landscaping, maintenance and upkeep of the common areas as shown on
the plat including, but not limited to, Blocks A, B, C, D, E, and F (including the
retention pond in Block F and signage located at the entrance to the Subdivision).
B. Procuring of utilities used in connection with the Lots, single family residences and
common areas to the extent the same are not provided and billed directly to owners of
Lots by utility companies. Further, it shall be the responsibility of the Property
Owners' Association, if they choose to exercise that responsibility, to provide for
common snow removal throughout the Subdivision, and bill the members
accordingly.
C. Payment of insurance (if any may be required under other sections to this
Declaration).
D. Determination of general and special assessments levied against the Owners.
E. Promulgation and enforcement of the rules and regulations in this Declaration or as
otherwise duly promulgated by the Owners be responsible for the following:
1. Arrange for the common pick up and removal of garbage and waste so as to
assure that one waste hauler will be utilized to serve the Subdivision.
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2. Exercise of the powers vested in the Property Owners' Association by this
Declaration or by Articles of Incorporation and Bylaws of any successor
corporation thereto.
3. Ownership of the area shown on the Plat of Guilford Park and designated as
Block A, B, C, D, E, and F.
Section 4.03. Meetings of the Property Owners' Association and Voting Rights: Business
of the Property Owners' Association shall be conducted at meetings of this Association. Meetings of
the Association may be called by the then current Chairman or Secretary- Treasurer of the Property
Owners' Association or upon request of the owner(s) of at least ten (10) Lots. Written notice of any
meeting of the Lot Owners shall be personally delivered or mailed by first class United States mail
by the Secretary- Treasurer to all Owners at least twenty (20) days prior to any proposed meeting. The
Corporation shall have the following classes of membership with the following voting rights:
A. Class A. Class A members shall be all owners of Lots in the Subdivision. Each Class
A member shall be entitled to one (1) vote for each Lot of which such member is the
owner with respect to each matter submitted to a vote of members upon which the
Class A members are entitled to vote. When more than one (1) Person constitutes the
Owner of a particular Lot, all such Persons shall be members of the Association, but
all of such Persons shall have only one (1) vote for such Lot, which vote shall be
exercised as they among themselves determine, but in no event shall more than one
(1) vote be cast with respect to any such Lot.
B. Class B. Class B members shall be Developer and all successors and assigns of
Developer designated by Developer as Class B members in a written notice mailed or
delivered to the resident agent of the Association. Each Class B member shall be
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entitled to five (5) votes for each Lot of which it is the owner on all matters requiring
a vote of the members of the Association. The Class B membership shall cease and
terminate on the date upon which the written resignation of the Class B members as
such is delivered to the Association or successor thereto or the date Developer no
longer owns any Lots in the Subdivision, whichever occurs first. After the above,
Class B membership shall be converted to Class A memberships, and each former
Class B member shall be entitled to one (1) Class A membership for each Lot owned
in the Subdivision.
Section 4.04. Assessments: The Property Owners' Association shall have the power to levy
uniform, general and special assessments for the payment of Maintenance Costs as well as any other
cost or expense incurred and allowed under this Declaration against each Owner and each Lot,
without regard to the size thereof relative to any other Lot in the Subdivision.
Section 4.05. Creation of a Lien and Personal Obligation of Assessments: Developer
hereby covenants and each owner of each Lot by acceptance of a deed thereto, whether or not it shall
be so expressed in such deed, is deemed to covenant and agree, to pay to the Property Owners'
Association general and special assessments, such assessments to be established and collected as
provided in this Article. Until paid in full, an assessment not paid when due, together with interest
thereon (at a percentage rate per annum equal to the then current Indiana statutory maximum annual
interest rate) and costs of collection (including reasonable attorneys' fees and court costs) shall be a
continuing lien upon the Lot against which such assessment is made. Each assessment, together with
interest and costs of collection as aforesaid, shall also become and remain, until paid in full, the
personal obligation of the one or more persons or entities in ownership of the Lot at the time when
the assessment first become due and payable. If any owner fails, refuses or neglects to make payment
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of an assessment when due, the lien for such assessment on such Owner's Lot may, at any time
following notice thereof by first class United States mail of the amount thereof to an Owner and the
expiration of then (10) days from the date such notice is sent, be foreclosed by the Property Owners'
Association in the same manner in which a Mechanic's Lien is foreclosed from time to time under
Indiana law, or in any other manner otherwise from time to time permissible or provided by law. The
Property Owners' Association may, at its option, bring a suit against the Owner (and if more than
one, either jointly or severally) to recover a money judgment for any unpaid assessment without
foreclosing the lien for such assessment or waiving the lien securing the same. In any action to
recoverr an assessment, whether by foreclosure or otherwise, the Property Owners' Association shall
be entitled to recover interest as aforesaid and the costs and expenses of such action, including, but
not limited to, reasonable attorneys' fees and court costs.
Section 4.06. Purpose of Assessment: General or special assessments levied by the Property
Owners' Association shall be used exclusively to exercise those powers and advance those purposes
for which the Property Owners' Association has been formed by this Declaration.
Section 4.07. Basis for Assessment: Except as provided in Section 4.09 hereof, general or
special assessments levied by the Property Owners' Association shall be assessed uniformly against
each Lot (and the Owner(s) thereof), regardless of whether any such Lot is improved or unimproved
and without regard to the type of improvements constructed on any Lot, or the extent of use of the
facilities and improvements for which any assessment, general or specified, is made.
Section 4.08. Annual Meeting, Adoption of Budget and General Assessment: Between
May 1 St and July 10 of each year, the Association shall hold an annual meeting with notice to all
owners in the manner required by Section 4.03 of this Declaration. At the annual meeting, the
Owners shall elect a Chairman and a Secretary- Treasurer to coordinate and handle the day to day
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affairs of the Property Owners' Association and shall adopt a proposed annual budget. The budget,
adopted by the Property Owners' Association, shall provide for allocation of anticipated expenses in
such a manner that the obligations imposed by this Declaration will be met and shall further outline
all anticipated expenses and obligations for the period covered thereby. Following approval of the
budget, the Chairman and Secretary- Treasurer shall fix a uniform general assessment against each
Lot (and the Owner(s) thereof) in an amount necessary to defray the expenses and obligations
budgeted, together with an amount, if any, approved by the Owners to permit establishment of any /or
contribution into a reserve account in order to defray anticipated future capital expenditures. Notice
of the uniform general assessment shall be sent by the Secretary Treasurer to each Lot Owner as
soon as practicable following the annual meeting. Unless otherwise determined by majority vote of
the Owners, the general assessment established shall be paid in full to the Secretary- Treasurer of the
Property Owners' Association in one (1) installment on or before August 31 next succeeding. Upon
receipt of payment, the Secretary- Treasurer shall deposit the amount involved in an account opened
and maintained in the name of the Property Owners' Association at a state or national bank having
its principal banking offices in either Carmel or Indianapolis, Indiana. Withdrawals from such
account shall be made only upon the approval of both the Chairman and Secretary Treasurer signing
jointly and only for a purpose or purposes set forth in this Declaration.
Section 4.09. Special Assessments: In addition to the general assessment, the Property
Owners' Association may levy in any calendar year one (1) or more uniform special assessments
against each Lot (and the Owner(s) thereof) for the purpose of defraying, in whole or in part, any
unanticipated expenses or obligations or the costs of any major reconstructions, repair, replacement
or maintenance required, PROVIDED THAT the levy of any such special assessment must be
approved by the Owner(s) of at least two- thirds (2/3) of the Lots who are voting in person or by
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written proxy at a special meeting of Owners duly called for such purpose, subject to written notice
delivered in person or sent by first class United States mail at least fifteen (15) days in advance to
each owner of the time, place and purpose of such meeting. Following approval of the levy of any
such special assessment, the vote of the Owner(s) of at least a majority of the Lots shall establish the
date or dates any such special assessment shall become due, and the manner in which it shall be paid
to the Secretary Treasurer for deposit in the Property Owners' Association account established and
maintained in accordance with Section 4.09 hereof, for use consistent with the purpose or purposes
for which such special assessment was levied.
Section 4.10. Subordination of the Lien to Mortgages: The lien of the assessments
provided for herein against a Lot shall be subordinate to the lien of a recorded bona fide first
mortgage covering such Lot and subordinate to any tax or special assessment lien of such Lot in
favor of any governmental taxing or assessing authority. The sale or transfer of a Lot shall not affect
the assessment lien. The sale or transfer of a Lot pursuant to bond fide mortgage foreclosure
proceedings or any other bona fide proceeding in lieu thereof shall, however, extinguish the lien of
such assessment as to any payment which became due prior to such sale or transfer. No such sale or
transfer shall release a Lot from liability for any assessments thereafter becoming due or from the
lien thereof.
Section 4.11. Duties of Chairman and Secretary- Treasurer of the Property Owners'
Association: The Chairman and Secretary- Treasurer of the Property Owners' Association, or their
designee, shall have the duties set forth in this Declaration, shall attend to and handle the day to day
affairs of the Property Owners' Association and shall attend to handle such other duties delegated to
them by the Owners. All acts taken and things done shall be measured by a standard or
reasonableness and neither the Chairman nor the Secretary- Treasurer shall have any liability to an
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owner, Owners or the Property Owners' Association unless acting in bad faith in a manner
inconsistent with the terms and provisions of this Declaration. Notwithstanding the foregoing, in no
event (except in the case of a bona fide emergency involving a total expenditure not exceeding One
Thousand Dollars ($1,000) or such other amount from time to time established by the owners), shall
either the Chairman or Secretary Treasurer have any right, privilege or authority to contract for,
solicit, hire or otherwise obtain services or material which are not included within and covered by the
budget then applicable or which are otherwise funded by a special assessment levied in accordance
with Section 4.09 hereof.
Section 4.012. Receipt for Payment: The Property Owners' Association shall, within twenty
(20) days after demand made at any time, furnish a receipt in writing signed by the Secretary
Treasurer of the Property Owners' Association, specifying that the assessment respecting a Lot has
been paid or that certain assessments remain unpaid, as the case may be. Such receipts shall be
conclusive evidence of payment of any assessment therein stated to have been paid.
ARTICLE V
Lot Development
Section 5.01. Lot Development: Prior to the development, improvement or alteration of, or
the construction on or addition to, a Lot or Lots, the Owner(s) thereof shall first obtain written
approval from Developer of the Lot Development Plans as required by Article III of this Declaration.
Any improvement, development or alteration of a Lot or Lots, and any construction thereon or
addition thereto, shall strictly comply with this Article V. In the event of a conflict between a set of
duly approved Lot Development Plans and the terms and provisions of this Article V, the terms and
provisions of Article V shall control.
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Section 5.02. Type, Size and Nature of Construction Permitted: No single family
dwelling house, garage, driveway, accessory building, fence, swimming pool, tennis court or other
recreational facility permitted by this Declaration shall be erected, placed or altered on any Lot
without the prior written approval of Developer or Property Owners' Association, respectively, as
required by this Declaration. Such approval shall be obtained prior to the commencement of
construction and shall be subject to the following minimum standards:
A. No structure or building shall be erected, altered, placed or permitted to remain on
any Lot other than one single family dwelling not exceeding two and one -half (2 Y2)
stories in height, one private attached garage for a minimum of two (2) vehicles,
maximum of four (4), and such other accessory buildings or structures related to
swimming pools, tennis courts and other recreational facilities, including
conservatories which are usual and incidental to the use of the Lot for single family
residential purposes.
B. The minimum finished floor area of a one -story dwelling house construct on a Lot,
exclusive of open or screen porches, attached garages and basements or below grade
levels, shall be 1,400 square feet.
C. No single family dwelling house, garage or accessory structure of any kind shall be
moved onto any Lot and all materials incorporated into the construction thereof shall
be new, except that used brick, weathered barn siding or the like, or interior design
features utilizing other than new materials, may be approved by Developer. No tent,
basement, garage, barn or other structure shall be placed or constructed on any Lot at
any time for use as either a temporary or permanent residence or for any other
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purpose except as reasonably required in connection with the construction of a single
family dwelling on a Lot.
D. The concrete or block foundation of any single family dwelling house or accessory
structure constructed on a Lot shall be covered on the exterior with wood, brick,
aluminum or vinyl siding or stone veneer so that no portion of the exterior thereof is
left exposed above ground.
E. Each attached garage shall be designed as a part of the single family dwelling house
to which it is attached. Further, garage doors shall remain closed except when
entering, exiting or otherwise having the need to access the garage. The garage door
openings for each single family dwelling shall be prohibited from facing directly
and/or running parallel to the dedicated public road or the private roadway serving
the Subdivision. It is the intent of this paragraph that the garage door opening shall be
designed and constructed in such a manner to minimize, to the extent possible, any
direct viewing from the dedicated public streets or private roadways.
F. The roof of each single family dwelling house constructed on a Lot (excluding that
portion of the roof covering the attached garage or open or enclosed porch) shall have
a pitch of between 7 -12 to 12 -12 or greater unless otherwise approved by Developer
as a part of Developer's approval of Lot Development Plans.
G. No open loop geothermal heat pumps shall be allowed.
Section 5.03. Tree preservation: Existing mature trees (having a trunk in excess of six (6)
inches in diameter measured at a point three (3) feet from undistributed ground) shall be preserved to
the extent the removal is not mandatory in connection with the construction of an approved single
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family dwelling house or accessory building unless the removal thereof is otherwise specifically
approved by Developer or any such tree is dead or decayed and dangerous.
Section 5.04. Completion of Construction: All construction upon a Lot shall be completed
in strict accordance with the Lot Development Plans approved by Developer. The exterior of any
dwelling house built upon a Lot or combination of Lots shall be completed within eighteen (18)
months after the date of commencement of the foundation and the site graded and any areas to be
covered with grass shall be seeded or sodded. Each Lot shall be kept and maintained in a sightly and
orderly manner during the period of construction. All builders will be required to utilize and pay for
a thirty (30) cubic yard trash receptacle for each home during the period of construction in order to
properly dispose of debris. Every builder or owner shall be required to furnish a Port-O -Let for their
workers during construction. However, multiple builders or owners may combine to provide Port-O-
Lets to their workers. During construction, Owner is responsible for any damage to curbs previously
installed in the Subdivision by Developer. In the event of damage to a curb by owner, or owners'
builders, which required said curb to be repaired or replaced, then, and in that event, the Developer
shall cause said curb to be replaced and the costs of repair shall be paid by the Owner causing said
damage.
Section 5.05. Storage Tanks: No storage tanks, of any nature, for any use, shall be allowed
on or be buried on any Lot.
Section 5.06. Mailboxes: All mailboxes installed throughout the Subdivision will be uniform
and will be constructed and installed by the Developer in a material suitable to Developer at his sole
discretion. The cost of these mailboxes, including the installation, will be paid to Developer by the
owner prior to installation by Developer. Further, all mailboxes shall be served by electricity which
shall be furnished and installed by Owner at the time of the construction of the single family
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residence. To the extent that mailboxes are constructed of brick or stone, the Developer and owners
hereby release the City of Carmel, Indiana, from any and all liability due to mailbox damage caused
by snowplows or other vehicles owned or operated under control of the City of Carmel, Indiana.
Mailboxes and lights thereon shall be maintained by Owner and in good working order at all times.
Section 5.07. Driveways: No Lot shall be permitted to contain more than one driveway and
each Lot shall be allowed only one cut onto a public street adjoining the Lot. A driveway constructed
on any Lot to and from the private street shall be constructed and maintained so as to provide the
sole means of ingress and egress to such Lots for vehicular traffic.
The driveway on each Lot shall be cut and stone or gravel placed thereon prior to
development or improvement of the Lot to the extent necessary to avoid the transmittal of mud from
construction traffic to the Public Roads. Upon substantial completion of construction, each driveway
shall be constructed of either hard mixed aggregate, concrete, asphalt paving, brick or other material
acceptable to Developer.
Under no conditions shall driveways be constructed over curb inlets of the storm sewer
system within the right -of -way of the public road or private roadway. No asphalt or concrete
driveway shall be placed behind a curb containing these inlet grates.
Section 5.08. Fences, Walls, Hedges or Shrub Plantings: No fence, wall, hedge or other
screening shall be erected, placed, altered or permitted to remain on any Lot other than as approved
(as to location, type, materials, design and height) by Developer under Article 111 of this Declaration.
In no such situation shall these structures or plantings be placed within platted drainage and utility
easements or within the right -of -way of a public street.
Section 5.09. Ditches and Swales: The Owner of any Lot on which any part of a drainage
tile, open storm drainage ditch or swale is situated shall keep such portion thereof as may be situated
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upon his Lot or Lots continuously unobstructed and in good repair, and shall provide for the
installation of such culverts upon said Lots as may be reasonably necessary to accomplish the
purposes of this subsection, all at each such Owner's own cost and expense.
Section 5.10. Ponding and Runoff: No owner shall cause or permit any pond to be created
on any Lot, including without implied limitation, from any swale, ditch, stream or creek located on
the Real Estate. Further, each owner shall prevent water run -off and the depositing of soil and mud
from the Lot onto the street through the use of silt fences installed during the home building process.
To the extent that an owner permits, causes or allows mud to enter onto the streets or private
roadways in the Subdivision, during construction or otherwise, the Developer reserves the right to
clean the streets and bill or assess the Owner for said costs. The Owner shall pay or reimburse to
Developer the reasonable charge for street cleaning and maintenance within thirty (30) days after
being billed or assessed thereto.
Section 5.11. Antenna Discs or other Similar Structures: Satellite dishes maybe erected
and placed within the single family residence constructed on the Lot; provided that said antenna
disc, tower or structure is concealed from external view and placed within the structure itself.
Section 5.12. Subsurface Drains: Each Lot in the Subdivision has been provided with a four
(4) inch tile drainage outlet for the purpose of accepting the flow from sump pump drains. These tiles
flow into six (6) inch diameter interceptor drains located under the street curb and eventually they
outlet into the storm sewer system. In no situation shall a sump pump be outletted directly to the
surface of the street. Gravity drainage from downspouts may be drained into ravines at the rear of
Lots only in situations where the downspout is located below the elevation of the street drain. All
floor drains shall drain into the sewage disposal system of the home. In no situation shall sump
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pumps be outletted into the sanitary sewer system of the home or in a ravine or open areas on the
Lot.
Section 5.13. Compacted Fill Material On Lots: Lots may contain compacted fill material.
This soil, although it has been properly compacted, may not contain similar engineering properties of
undisturbed soil for the purpose of foundation construction. Owners shall be solely responsible for
soil compaction, or lack thereof, and each Owner shall hereby relieve the Developer of any and all
responsibility or liability for disturbed or undisturbed soil as it relates to the owner's construction
process, or any other. Developer makes no promises, representations or warranties, either express or
implied, as to the nature, quality or compaction of the soil on any individual Lot as each owner is
responsible for testing and determining the quality and characteristics of soil on their respective Lot.
Section 5.14. Treehouses and Playground Equipment: No treehouses will be allowed on
any Lot in the Subdivision. Further, any and all playground equipment shall be made of wood as its
primary building material. In no event shall any playground equipment be allowed that uses metal or
plastic as its primary building material. The location and installation of any playground equipment
shall be done only with the express written approval of Developer.
Section 5.22. Irrigation Systems: Owners shall be required to install underground front and
side yard irrigation systems on all Lots in the Subdivision. The installation of irrigation systems shall
be installed contemporaneously with the single family residence to be constructed on each Lot and
the landscaping installed therein. Irrigation supply pipes and sprinkler heads shall not be installed in
the public road right -of -way.
ARTICLE VI
Use and Maintenance of Lots
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Section 6.01. Vehicle Parking: No camper, motor home, truck, trailer or boat maybe parked
or stored overnight or longer on any Lot in open public view. Further, no vehicles as set out above,
including automobiles, light trucks or pickups, shall be parked or stored on the private roadways or
common areas throughout the Subdivision.
Section 6.02. Home Occupations: No home occupation shall be conducted or maintained on
any Lot other than one which is incidental to a business, profession or occupation of the Owner or
occupant of such Lot and which is generally or regularly conducted at another location which is away
from such Lot. No signs of any nature, kind or description shall be erected, placed or permitted to
remain on any Lot advertising a permitted home occupation.
Section 6.03. Signs: No sign of any kind shall be displayed to public view on any Lot except
that one two -sided (not exceeding six (6) square feet per side) may be displayed at any time for the
purpose of advertising the property for sale, or may be displayed by a builder to advertise during
construction, provided that, said sign is submitted and approved in writing by Developer.
Section 6.04. Maintenance of Tracts and Improvements: The Owner of any Lot 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, each such Owner shall:
A. Mow such portion of the Lot or Lots upon which grass has been planted at such times
as may be reasonably required;
B. Remove all debris or rubbish;
C. Prevent the existence of any other condition that reasonably tends to detract from or
diminish the aesthetic appearance; and
D. Keep the exterior of all improvements in such a state of repair and maintenance as to
avoid their becoming unsightly.
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Section 6.05. Animals: Only dogs, cats and similar animals generally and customarily
recognized as household pets, not exceeding in the aggregate three (3) in number, may be kept or
maintained on any Lot as household pets. All animals kept or maintained on any Lot in this
Subdivision shall be kept reasonably confined by means of leash, invisible fencing, or other product
similar thereto, so as not to become an annoyance or nuisance. No animal shall be kept or maintained
on a Lot for commercial purposes or primarily for breeding purposes.
Section 6.06. Garbage, Trash and Other Refuse: The outside burning of garbage or other
refuse shall not be permitted on any Lot, nor shall any outside accumulation of refuse or trash be
permitted on any Lot. Each single family dwelling house built shall be equipped with a garbage
disposal unit of a type, kind and capacity approved by Developer, and once installed, each such unit
shall be kept and maintained in good working order so as to be and remain environmentally
acceptable. Trash and recycling receptacles will be supplied by the Property Owners' Association
under a contract with a waste removal company and will be paid for by each individual Owner so to
have common trash receptacles and collection throughout the neighborhood. In no event shall any
Owner allow a trash or recycling receptacle to remain outside for longer than a twenty -four (24) hour
period of time.
Section 6.07. Nuisances: No noxious or offensive activity shall be conducted upon any Lot,
nor shall anything be done thereon which may be, or may become, an annoyance or nuisance to the
neighborhood or another Owner.
Section 6.08. Maintenance of Undeveloped and Unoccupied Lots: Owners of undeveloped
or unoccupied Lots shall at all times keep and maintain such Lots in an orderly manner, causing
weeds or other growths to be reasonably cut and shall prevent the accumulation of rubbish and debris
thereon.
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Section 6.09. Property Owners' Association's Right to Perform Certain Maintenance: In
the event that the Owner of any Lot in this Subdivision fails to reasonably maintain such Owner's
Lot and any improvements situated thereon in accordance with the provisions of this Article VI, or as
otherwise required by this Declaration, the Property Owners' Association, by and through its agents,
employees or contractors, shall have the right, but not the obligation, following notice in writing to
such Owner of an intention to do so unless reasonable maintenance as detailed in such notice is
performed and the expiration of twenty (20) days thereafter without such maintenance being done, to
enter upon such Lot without being a trespasser to repair, now, clean, or perform such other acts as
may be reasonably necessary to make such Lot and the improvements situated thereon, conform to
the requirements of this Article VI, or as otherwise set forth in this Declaration. The out -of- pocket
costs incurred by the Property Owners' Association in connection therewith shall be collectible from
the Owner(s) of any such Lot and shall represent a lien against any such Lot until paid in full together
with interest thereon, cost of collection and attorneys' fees, all without relief from valuation and
appraisement laws, as if constituting an unpaid general assessment levied under Article IV of this
Declaration. Neither the. Developer or Property Owners' Association nor any of its agents, employees
or contractors shall be liable for any damage which may result from any maintenance work
performed hereunder.
Section 6.10. Drainage and /or Retention Ponds: Block F of the Subdivision has a drainage
and/or retention pond that provides for the accumulation of water throughout the Subdivision. All
water activities shall be specifically prohibited on the drainage and/or retention pond.
Section 6.11. Yard Lighting: The Owner shall install yard lighting having a minimum height
at least five (5) feet above finishing grade in the front yard or the home between the platted building
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setback line and the street right -of -way. The type, style and location of said yard light shall be subject
to the approval of Developer.
ARTICLE VII
Easements and Common Areas
Section 7.01. Easements: The strips of ground shown on the survey of Lots attached hereto
and designated Drainage and Utility Easements "DE" or "UE either separately or together, are
hereby created for the use (including required ingress and egress necessary as a part thereof) of
public utility companies, governmental agencies, police, fire, ambulance and other emergency
vehicles, and the Owners of the Lots herein as follows:
"Drainage Easements" (D.E.) are created to provide paths and courses for
area and local storm drainage, either overland or in adequate underground conduit, to
serve the needs of this and adjoining ground and/or the public drainage system. No
structures, including fences, shall be built on a Drainage Easement which obstruct
flow from the area being served, nor shall any changes be made in the finished grade
elevations of any Lot, whether in connection with the construction of improvements
thereon or otherwise, so as to modify, alter or change the location or depth of any
drainage swales, ditches or creeks located within any such Drainage Easement
without the approval of all Federal, State, County or Municipal authorities from
whom approvals are required by law, or which would in any way prohibit, impede,
restrict or alter the natural flow of surface water drainage.
"Utility Easements" (U.E.) are created for the use of public utility
companies, not including transportation companies, for the installation, operation and
maintenance of mains, ducts, poles, lines and wires necessary to provide utility
service to a Lot or Lots, subject to the condition that following any installation or
maintenance, the affected area within such Utility Easement shall be returned to the
condition existing prior thereto at the cost and expense of the party responsible for
having such work performed. Those areas designated as private roadways shall be
utilized and treated as a Utility Easement to the limited extent that specific
permission is hereby granted to the governmental and quasi public agencies of
police, fire, ambulance and other emergency vehicles to access those Lots
serviced by the private roadway throughout the Subdivision.
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The Owners shall take title to the Lots subject to the foregoing easements rights in, along and
through the strips of ground properly designated as hereinabove set forth on the recorded survey of
the Lots for the purposes herein stated.
Section 7.02. Common Area: The purpose of the plat designated as Common Area, Blocks
A, B, C, D, E, and F "Open Space shall be transferred and conveyed to the Corporation prior to
the date the Class B membership ceases or terminates, subject to the following restrictions and
limitations:
A. The Open Space, following completion of the Subdivision, shall be maintained in its
then natural state except for such selective clearing as from time to time may be
necessary to implement good husbandry practices;
B. Blocks A, B, C, D, E, and F maybe used by the Owners, their guests and invitees, as
a passive recreational area, subject to the rules and regulations as adopted by the
Corporation; and
C. No structures shall be permitted in the Open Space.
ARTICLE VIII
General
Section 8.01. Waiver of Damages: Neither the Developer, their nominees, representatives or
designees, shall be liable for any claim for damages whatsoever arising out of or by reason of any
acts taken (or not taken) or things done or performed (or not done or performed) pursuant to any
authorities reserved, granted or delegated pursuant to this Declaration.
Section 8.02. Enforcement: The right to enforce the restrictions contained in this
Declaration and all covenants and restrictions contained herein including, but not limited to, the right
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of injunctive relief, or the right to seek the removal by due process of law of structures erected or
maintained in violation of this Declaration, is hereby given and reserved to Developer, Property
Owners' Association and the Owners from time to time of Lots and all parties claiming under them,
the Carmel /Clay Township Plan Commission, all of whom shall have the right, individually, jointly
or severally, to pursue any and all remedies, in law and equity available under applicable Indiana
law, without being required to show actual damage of any kind whatsoever, and shall be entitled to
recover, in addition to appropriate monetary damages, if any, reasonable attorneys' fees and other
legal costs and expenses incurred as a result thereof.
Section 8.03. Severability: The provisions of this Declaration shall be severable and no
provision shall be affected by the invalidity of any other provision to the extent that such invalidity
does not also render such other provision invalid. In the event of the invalidity of any provision, this
Declaration shall be interpreted and enforced as if all invalid provisions were not contained herein.
Section 8.04. Non Liability of Developer: Developer shall not have any liability to an
Owner or to any person or entity with respect to drainage on, over, under or through a Lot. Upon the
improvement and development of a Lot, the proper handling of storm and surface water drainage
shall be the responsibility of the Owner of such Lot, and each Owner by the acceptance of a deed to a
Lot, shall be deemed to and does thereby release and forever discharge Developer from, and shall
indemnify and hold harmless Developer against, any and all liability arising out of or in connection
with the handling, discharge, transmission, accumulation or control of storm or surface water
drainage to, from, over, under or through the Lot described in such deed.
Section 8.05. Public Liability and Property Damage Insurance: Each Owner shall obtain
and pay for such public liability and property damage insurance as may be desired to provide
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protection against loss, cost and expense by reason of injury to or the death of person or damage to or
the destruction of property occurring on or about each such Owner's Lot.
Section 8.06. Binding Effect: This Declaration, and the covenants, conditions and
restrictions herein contained shall be binding upon Developer, each Owner and any person, firm,
corporation or other legal entity now or hereafter claiming an interest in any Lot and their or its
respective successors and assigns.
Section 8.07. Duration: This Declaration and the restrictions imposed hereby shall run with
the Real Estate and shall be binding on all owners and all persons claiming under them for an initial
period of twenty -five (25) years from the date of recordation, and shall automatically extend for
successive periods of ten (10) years each, unless prior to the expiration of the initial period of any ten
(10) year period they are amended or changed.
Section 8.08. Amendments to Declaration: This Declaration maybe amended or changed at
any time with approval in writing by the Owners of all Lots herein and shall not become binding and
effective until the date of recordation in the Office of the Recorder of Hamilton County, Indiana. The
provisions herein notwithstanding, this Declaration may be amended at any time and from time to
time by the Developer as long as the Developer is the owner of a Lot within Guilford Park.
IN WITNESS WHEREOF, the undersigned has caused this Declaration of Covenants,
Conditions and Restrictions to be executed on the day and in the year first above written.
"DEVELOPER"
By:
Printed:
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