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HomeMy WebLinkAboutMaster CCR 2008.11.05 RECORDED2008055153 DECLARATIO $114.00 11/05/2008 11:40:04A 52 PGS Jennifer J Hayden HAMILTON County Recorder IN Recorded as Presented MASTER DECLARATION OF COVENANTS AND RESTRICTIONS OF THE LEGACY Recorded , 2008 Instrument No. Office of the Recorder of Hamilton County MASTER DECLARATION OF COVENANTS AND RESTRICTIONS THE LEGACY TABLE OF CONTENTS Page Section 1. Definitions 2 Section 2. Declaration and Relation to Supplemental Declarations and Associations 2 A. Declaration 2 B. ReeIation to Supplemental Declarations 2 C. Relation of Corporation to Supplemental Associations 2 Section 3. Additions to and Withdrawals from the Property 2 A. Additions 2 B. Withdrawals 3 Section 4. Common Area 3 A. Development of Common Area 3 B. Maintenance 3 C. Title 4 Section 5. The Common Area Use and Improvement 4 A. Use and Improvements 4 B. Education Facility 4 Section 6. The Ponds 4 A. Maintenance of Banks of Ponds 4 B. Use 4 Section 7. The Amenity Area(s) 5 Section 8. Drainage System 5 Section 9. Paths and Path Lights 5 Section 10. Enhy Ways, Landscape Easements and Round- Abouts 5 A. Entry Ways 5 B. Landscape Easements 5 C. Round - Abouts 5 Section 11. Street Trees; Snow Removal; Trash Removal 6 A. Street Trees 6 13. Snow Removal 6 C. Trash Removal 6 Section 12. Shared Parking Lots 6 Section 13. Change of Use of Common Area 6 Section 14. The Legacy Governing Association, Inc 6 A. Membership 6 B. Powers 6 C. Board of Directors 6 D. Maintenance Standards 7 E. Insurance, Taxes and Utilities 7 F. Limitations on Action by the Corporation 7 G. Mergers 7 Section 15. Assessments. 7 A. Creation of the Lien and Personal Obligation of Assessments 7 13. General Assessment 8 C. Plaza/Community Drive Assessment 10 D. Initial Assessment 12 E. Real Estate Subsequently Annexed 13 F. Capital Assessment 13 G. Effect of Nonpayment of Assessments; Remedies of the Corporation 13 H. Subordination of the Lien to Mortgages 13 1. Certificates 13 7. Corporation's Annual Budget Plan 13 K. Special Assessments 14 L. Violation Assessments 14 Section 16. Architectural Control. 19 Section 17 Common Area and Common Facilities 15 A. Ownership 15 B. Density ofUse 15 C. Management and Control 15 D. Easements of Enjoyment 15 E. Extent of Easements 16 F. Additional Rights of Use 17 G. Damage or Destruction by Owner 17 H. Conveyance of Title 17 1. Limited General Common Area and Limited Common Facilities 18 Section 18. Use of Property 18 A. Protective.Covenants 18 B. Maintenance of Property 18 Section 19. Easements 19 A. Plat Easements 19 B. General Easement 20 C. Public Health and Safety Easements 21 D. Crossing Underground Easements 21 E. Declarant's Easement to Correct Drainage 21 F. Water Retention 21 G. Damage 21 1-1. Connections Authorized 21 Section 20. Use of Lots during Development 21 A. By Declarant 21 13. By 13uilders 22 Section 21. Enforcement 22 Section 22. Limitations on Rights of the Corporation and Supplemental Association 22 Section 23. Approvals by Declarant 22 Section 24. Mortgages 22 A. Notice to Corporation 22 B. Notices to Mortgagees 23 C. Notice of Unpaid Assessments 23 D. Financial Statement 23 E. Payments by Mortgagees 23 Section 25. Amendments 23 A. Generally 23 B. By Declarant 24 C. Approval by Zoning Authority 24 D. Class Approval 24 E. Effective Date 24 Section 26. Interpretation 24 Section 27. Duration 24 Section 28. Severability 24 Section 29. Non - Liability of Declarant 24 Section 30. Compliance with the Soil Erosion Control Plan 24 A. The Plan 24 B. Maintenance 25 C. Indemnity 25 Section 31. Exclusive Builders 25 Section 32. Right to Develop 25 Section 33. Exclusive Rights to Use Name of Development 25 Section. 34. Right to Approve Additional Covenants 25 Section 35. Perpetuities 25 Section 36. Mechanic's Liens 25 Section 37. Tax Abatement 26 MASTER DECLARATION OF COVENANTS AND RESTRICTIONS OF THE LEGACY This Declaration (the "Declaration "), is made as of the 33 sT day of C.TbB612._ , 2008, by East Carmel, LLC, an Indiana limited liability company, ("Declarant "); WITNESSETH: WHEREAS, the Declarant is the Owner of certain real estate located in Hamilton County, Indiana, and more particularly described in what is attached hereto and incorporated herein by reference as Exhibit "A" (the "Real Estate "); WHEREAS, the real estate located in Hamilton County and particularly described in what is attached hereto and incorporated herein by reference as Exhibit `B ", together with all real estate eontiguous therewith, shall mean and be referred to throughout this Declaration as the "Additional Real Estate "; WHEREAS, the word "Property" as used throughout this Declaration shall mean and refer to the Real Estate together with such portions of the Additional Real Estate as may be made subject to this Declaration per the terms of Section 3 below; WHEREAS, the Declarant intends, but is not obligated to develop upon the Property a master planned, mixed -use community to be known as The Legacy, as generally and preliminarily depicted on the Preliminary Plan of Development, which Preliminary Plan of Development may from time to time be amended by the Declarant in the Declarant's discretion; WHEREAS, the Real Estate described in what are attached hereto and incorporated herein by reference as Exhibit A and Exhibit B has been designated as a Planned Unit Development District and development thereof is subject to the development standards set forth in the Zoning Ordinance; WHEREAS, Declarant intends, but is not obligated, to construct certain improvements and amenities hi The Legacy which may constitute either General Common Area or Limited Common Area, as it is designated by the Declarant in the Declarant's discretion; WHEREAS, Declarant desires to provide for the preservation and enhancement of the property values, amenities and opportunities in The Legacy and for the maintenance of the Property and the improvements thereon, and to this end desires to subject the Property to the covenants, restrictions, easements, charges and liens hereinafter set forth, each of which is for the benefit of the Lots and lands in the Property and the future Owners and Occupants thereof; WHEREAS, Declarant deems it desirable, for the efficient preservation of the values and amenities in The Legacy, to create agencies, including Supplemental Associations, to which may be delegated and assigned by Declarant the powers of owning, maintaining and administering the Common Areas, administering and enforcing the Restrictions, collecting and disbursing the General Assessments, Special Assessments and other changes and Assessments hereinafter created, and promoting the health, safety, and welfare of the Owners and Occupants of Lots and Units in The Legacy; and, WHEREAS, Declarant has incorporated under the laws of the State of Indiana a nonprofit corporation known as The Legacy Governing Association, Inc., and may incorporate Supplemental Associations for the purpose of exercising the aforementioned functions. NOW, `BEFORE, Declarant hereby declares that all of the Lots and lands in the Property and such additions thereto as may hereafter be made pursuant to Section 3 hereof, 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 for the improvement and sale of Lots and Units in the Property, and are established and agreed upon for the purpose of enhancing 1 and protecting the value, desirability and attractiveness of the Property as a whole and of each of the Units, Lots and lands situated therein. The Restrictions shall run with the land and shall be binding upon Declarant its respective successors and assigns, and upon the parties having or acquiring any interest in the Property or any part or parts thereof subject to such Restrictions, and shall inure to the benefit of Declarant and its successors in title to the Property or any part or parts thereof Section 1. Definitions. Capitalized terms used in this Declaration shall have the meaning given such terms in Exhibit C attached hereto and made a part hereof, unless the context clearly requires otherwise. Section 2. Declaration and Relation to Supplemental Declarations and Associations. (A) Declaration. Declarant hereby expressly declares that the Property and any additions thereto pursuant to Section 3 hereof shall he held, transferred, and occupied subject to the Restrictions. The Owner of any Lot, Parcel or Unit subject to the Restrictions, by (i) acceptance of a deed conveying title thereto, or the execution of a contract for the purchase thereof whether from Declarant or a subsequent Owner of such Lot, Parcel, or Unit, or (ii) by the act of occupancy of any Lot, Parcel or Unit, shall accept such deed, execute such contract and/or take such occupancy subject to each Restriction and agreement herein contained. By acceptance of such deed or execution of such contract, each owner acknowledges the rights and powers of Declarant and of the Corporation with respect to the Restrictions, and also for itself, its heirs, personal representatives, successors and assigns, covenants, agrees and consents to and with Declarant, the Corporation, and the Owners and subsequent Owners of each of the Lots, Parcels and Units affected by the Restrictions to keep, observe, comply with and perform such Restrictions and agreements. (B) Relation to Supplemental Declarations. This Declaration is intended primarily to address areas of common concern and benefit to all Owners in The Legacy, but also establishes general Restrictions applicable to particular Parcels. As a mixed -use community, certain matters will be primarily of concern to Owners within a particular Parcel which shall be subject to a Supplemental Declaration which shall compliment or supplement the provisions of this Declaration. Except as expressly provided in such Supplemental Declaration (and where necessary approved by Declarant), in the event of a conflict between the terms of this Declaration and a Supplemental Declaration, the terms of this Declaration shall control; provided, however, that nothing in this Declaration shall preclude any Supplemental Declaration from containing additional restrictions applicable to any Parcel which are more restrictive than the provisions of this Declaration and, in such case, the more restrictive shall control. (C) Relation of Corporation to Supplemental Associations. The Corporation shall have the power to veto any action taken or contemplated to be taken by any Supplemental Association which the Corporate Board reasonably determines to be adverse to the interests of the Corporation or a class of Owners. The Corporation also shall have the power to require specific action to be taken by any Supplemental Association in connection with its express obligations and responsibilities under a Supplemental Declaration, such as requiring specific maintenance or repairs or aesthetic changes to be effectuated and requiring that a proposed budget include certain items and that expenditures be made therefore. In the event of the failure or unreasonable delay of a Supplemental Association to enforce a Supplemental Declaration against the Owners subject thereto, the Corporation may, but shall not be required to, do so, at the expense of such Supplemental Association. Section 3. Additions to and Withdrawals from the Property. (A) Additions. As of-the date of the execution of this Declaration the Property comprises the Real Estate. Declarant in its discretion shall have the right, and hereby reserves on to itself the unilateral right, at any time, and from time to time, at any time prior to the Applicable Date, to add to the Property and subject to this Declaration all or any part of the Additional Real Estate. Auy 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 2 respects to this Declaration and all rights, obligations, and privileges herein, when Declarant places of record in Hamilton. County, Indiana an instrument so declaring the same to be part of the Property, which instrument may be a Supplemental Declaration, a declaration of annexation contained in a Plat, a statement in a Plat that the Lots and Common Areas therein are subject to this Declaration or an amendment to this Declaration. Any such Supplemental 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 Applicable Date, 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 and Lots within the Property. No single exercise of Declarant's right and option to add and expand the Property as to any part or parts of the Additional Real Estate shall preclude Declarant 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 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 Applicable Date. Such expansion of the Property is in the discretion of the Declarant and nothing contained in this Declaration or otherwise shall require Declarant to expand the Property beyond the Real Estate, or to any portions of the Additional Real Estate which Declarant may voluntarily and in its discretion from time to time subject to this Declaration. (B) Withdrawals. So long as it has a right to annex Additional Real Estate pursuant to Section 3(A), Declarant reserves the right in its discretion to amend this Declaration and the Preliminary Plan of Development for any purpose including, without limitation, the purpose of removing any portion of the Property, which has not yet been improved with Structures, from the coverage of this Declaration Such amendment shall not require the consent of any Person other than the Owner(s) of the property to be withdrawn, if not the Declarant. If the property is General Common Area, the Corporation shall consent to such withdrawal. Section 4. Common Area. Subject to, and unless otherwise provided in this Declaration, a Plat, a Supplemental Declaration, an instrument of conveyance to a Permitted Title I- Iolder, or a Development instrument, the development, ownership and maintenance of any Common Area shall be in accordance with the following and other applicable provisions of this Declaration: (A) Development of Common Area. Declarant intends, but is not obligated, to develop Common Area. Declarant reserves the right, subsequent to commencement of the development of the Cornmon Area, to determine its size, location, configuration and type all of which may vary, in the Declarant's discretion, from that depicted on the Preliminary Plan of Development. (B) Maintenance. 1. The Corporation shall be responsible for maintaining any General Common Area and any General Common Facilities, and the Maintenance Costs thereof shall be assessed as a General Assessment against all Lots subject to Assessment; and 2. Except as noted below Section 4(B)(3), the Applicable Supplemental Association shall be responsible for maintaining Limited Common Area located within its Parcel and any Limited Common Facilities, and the Maintenance Costs thereof shall be assessed as a Parcel Assessment pursuant to the corresponding Supplemental Declaration. 3 3. The Village District Supplemental Association shall be responsible for maintaining (i) the Plaza and (ii) the Limited Common Facilities located within all four (4) sides of the entire perimeter of the block which encloses, in part, the Plaza and (iii) the Limited Common Facilities located within the segment of Community Drive located south of 146th Street and north of Integrity Mall, and the costs thereof shall be allocated and charged to all Supplemental Associations on a pro -rata basis on a manner determined by the Declarant, in its discretion, using the Valuation Table. (C) Title. Prior to the Applicable Date, Declarant shall convey title, by quitclaim deed, to any General Common Area to a Permitted Title Holder. Prior to the applicable Parcel Applicable Date, Declarant shall convey title, by quitclaim deed, to any Limited Common Area within such Parcel to a Permitted Title Holder. Section 5. The Common Area Use and Improvement. (A) Use and Improvements. Unless approved by the Declarant, in its discretion, or the Corporate Board, in its discretion, no permanent improvements shall be made to or installed on any General Common Area or General Common Facilities. The use of the Common Area which is General Common Area shall be subject to rules, regulations, policies and procedures adopted by the Corporate Board, in its discretion, which are not inconsistent with the provisions of this Declaration. The use of the Common Area which is Limited Common Area shall be subject to rules, regulations, policies and procedures adopted by the Supplemental Board of the Applicable Supplemental Association, in its discretion, which are not inconsistent with the provisions of this Declaration or the Applicable Supplemental Declaration. The General Common Area(s) may be used by all Owners and Occupants and their guests. Unless otherwise specified in this Declaration or in a Supplemental Declaration, all Limited Common Areas may be used by all Owners and Occupants and their guests. (B) Education Facility, Any Educational Facility may be constructed by and be the property of the public or private educational institution which operates the Education Facility, and the Corporation, in the discretion of the Corporate Board, may enter into an agreement by which the Educational Facility may from time to time be used exclusively by the public or private educational institution which operates the Educational Facility. Section 6. The Ponds (A) Masateraance of Banks of Ponds. Unless otherwise specified in writing by the Declarant, all Ponds within the Property are General Common Areas to be maintained by the Corporation. In the Declarant's discretion, any Common Area contiguous with the pool level of a pond may be designated in writing by the Declarant as a General Common Area or a Limited Common Area and shall then be maintained by the Corporation and the Applicable Supplemental Association, respectively. (B) Use. No dock, pier, wall or other structure may be extended into any pond, and no boats or swimming shall be permitted in any part of a Pond (1) that is General Common Area without the prior approval of the Corporate Board, or (ii) that is Limited Common Area without the prior approval of the Supplemental Board of the applicable Supplemental Association. Each Owner of a Lot abutting a Poncl shall indemnify and hold harmless Declarant, the Corporation, the Applicable Supplemental Association and each other Owner against all loss or damage incurred as a result of injury to any Person or damage to any property, or as a result of any other cause or thing, arising from or related to use of, or access to, a Pond by any Person who gains access thereto from, over or across such Owner's Lot with the knowledge or acquiescence of such Owner. The Declarant shall have no Iiability, whatsoever, to any Person with respect to a Pond, the use thereof or access thereto, or with respect to any damage to any Lot resulting from a Pond or the proximity of a Lot thereto, including loss or damage from erosion. 4 Section 7, The Amenity Area(s). Declarant may, but is not obligated to, construct in any Common Area one or more Amenity Areas. The Amenity Area(s) shall not be available for use by all Owners and Occupants but, instead, .shall be limited in use, per the terms of a Supplemental Declaration governing the Amenity Area(s), to (1) only the Owners and Occupants identified in such Supplemental Declaration and (ii) to persons who are not Owners or Occupants, on terms and conditions specified in such Supplemental Declaration. If Declarant undertakes the development of one or more Amenity Area(s), Declarant intends upon completion of construction to convey the same by quitclaim deed to a Supplemental Association prior to the applicable Parcel Applicable Date specified in such Supplemental Declaration, and subject to the right of Declarant to use the Amenity Area(s) in the Declarant's discretion. Unless the instrument of conveyance provides otherwise, the Applicable Supplemental Association shall be responsible for maintenance of the Amenity Area(s) and the Maintenance Costs thereof shall be assessed as a Parcel Assessment against all Lots within and covered by such Supplemental Declaration. The Supplemental Board of the applicable Supplemental Association in its discretion may adopt such rules, regulations, policies and procedures with respect to the use of Amenity Area(s) as it deems appropriate and may charge reasonable fees for the use thereof, but no rule, regulation or charge shall be inconsistent with the provisions of this Declaration or the Supplemental Declaration. Section 8, Drainage System. The Drainage System will be constructed for the purpose of controlling drainage within and adjacent to the Property and maintaining the water level in the Ponds. Each Owner shall be individually liable for the cost of maintenance of any drainage system located entirely upon his Lot and which is devoted exclusively to drainage of his Lot and is not maintained by the Drainage Board. Section 9. Paths and Path Lights. In its discretion the Declarant may, but is not obligated to, install the Paths at the approximate locations depicted on the Preliminary Plan of Development, and/or elsewhere in easements or Co nanon Areas, and Path Lights and may reserve easements for such purpose over and across Lots_ The Corporate Board or the Supplemental Board of the Applicable Supplemental Association may, in their discretion, adopt such rules, regulations, policies and procedures with respect to the use of the Paths which are General Common Area or Limited Common Areas, respectively, as such Corporate Board or Supplemental Board may deem appropriate. Section 10. Entry Ways. Landscape Easements and Round - Abouts. (A) Entry Ways. Grass, trees, shrubs and other plantings located on an Entry Way shall be kept neatly cut, cultivated or trimmed as reasonably required to maintain an attractive entrance to The Legacy or a part thereof All entrance signs located on an Entry Way shall be maintained at all times in good and sightly condition appropriate to a first - class master planned, mixed -use community. The obligations specified in this Section 10(A) shall be (i) the obligations of the Corporation with respect to Entry Ways which are within General Common Areas or which contain General Common Facilities and (ii) the obligation of the Applicable Supplemental Association with respect to Entry Ways which are within Limited Common Areas or which contain Limited Common Facilities. (B) Landscape Easements. Unless the Corporate I3oard or Supplemental Board, as applicable, determines that all or some of the Landscape Easements shall be maintained by the Corporation and/or a Supplemental Association and the Maintenance Costs thereof assessed as a General Assessment or Parcel Assessment, the Owner of each Lot upon which a Landscape Fasement is located shall at his/her expense keep the grass, trees, shrubs and other plantings located on a Landscape Easement properly irrigated and neatly cut, cultivated or trimmed as reasonably necessary to maintain the same at all times in a good and sightly condition appropriate to a first -class master planned mixed use community and, if such Owner fails to do so, the Corporation or a Supplemental Association, as applicable, may undertake such maintenance and assess the Maintenance Costs thereof as a Special Assessment against such Lot. (C) Round- Abouts. The Corporation shall maintain the Round - Abouts (exclusive of the street pavement, curbs and drainage structures and tiles), and the Maintenance Costs there of shall be assessed as a General Assessment. 5 Section 11. Street Trees; Snow Removal; Trash Removal (A) Street Trees. The following rules apply to the rnaintenance and replacement of Street Trees: 1. Street Trees located within Cherry Creek Boulevard and the segment of Community Drive located south of the Integrity Mall shall be maintained by the Corporation. 2. Unless otherwise specified in a Supplemental Declaration or in an amendment to this Declaration, and except as set forth above in Section 11(AXI), Street Trees located within streets internal to any Parcel or contiguous with the perimeter of any Parcel shall be maintained by the Applicable Supplemental Association. 3. Street Trees in the segment of 146th Street contiguous with a General Common Area shall be maintained by the Corporation. 4. The foregoing notwithstanding, any Street Trees which are damaged or destroyed by the intentional or negligent act of a Person shall be replaced by that Person. (B) Snow Removal. Snow removal which is a Corporate Obligation shall be undertaken at frequencies and depths determined by the Corporate Board in its discretion, and snow removal which is a Supplemental Association Obligation shall be undertaken at frequencies and depths as determined by the Supplemental Board in its discretion. (C) Trash Removal. Trash removal may, in the Declarant's discretion, be the obligation of the Applicable Supplemental Association on terms specified in a Supplemental Declaration. Section 12. Shared Parking Lots. Declarant shall construct such Shared Parking lots as it deems desirable. Unless otherwise determined by the Declarant in the Declarant's discretion, such shared parking lots shall be a Limited Common Area and shall be maintained by the Applicable Supplemental Association. In the Declarant's discretion, the cost of maintaining such shared parking Iot shall be assessed by the Applicable Supplemental Association against all or fewer than all Owners within the Pagel. Section 13. Change of Use of Common Area. A Permitted Title Holder shall not change the use of any Common Area conveyed to the Permitted Title Holder by Declarant from the use being made thereof at the time of conveyance without the prior consent or approval of (i) prior to the Applicable Date, Declarant or (ii) after the Applicable Date, the Corporate Board and, if the same is Limited Common Area, the Supplemental Board of the applicable Supplemental Association. Section 14. The Legacy Governing, Association Inc (A) Membership. The Corporation shall not have members. (B) Powers. The Corporation shall have such powers as are set forth in this Declaration and in the Corporate Articles and Corporate ByLaws, or designated to it in a Supplemental Declaration, together with all other powers that belong to it by law. (C) Board of Directors. Prior to the Applicable Date, and as specified in the Corporate Bylaws, (i) any and all members of the Corporate Board shall be appointed by and serve at the pleasure of the Declarant, (ii) any and all members of the Corporate Board may be removed and replaced by the Declarant at any time and for any reason, and (iii) all vacancies in the Corporate Board shall be filled by the Declarant. After the Applicable Date, members of the Corporate Board may be designated, appointed, or removed in the manner set forth in the Corporate Bylaws. 6 (D) Maintenance Standards. in each instance in which this Declaration imposes on the Corporation a maintenance obligation with respect to the General Common Area or the General Common Facilities or a part thereof, the Corporation shall maintain the General Common Area, General Common Facilities or designated part thereof in good condition, order and repair substantially comparable to Its condition when originally constructed, installed or planted and compatible in appearance and utility with a first -class master planned, mixed -use community. Grass, trees, shrubs and other plantings located on the General Common Area for which the Corporation has maintenance responsibility may, in the discretion of the Corporation's Board, be irrigated and shall be kept properly and neatly cut, cultivated or trimmed as reasonably required and otherwise maintained at all times in good and sightly condition appropriate to a .first -class master planned, mixed -use community. (E) Insurance, Taxes and Utilities. The Corporation shall maintain public liability and casualty insurance in prudent amounts insuring against risk of loss to the Corporation on account of injury to person or property and damage to property owned by the Corporation, shall maintain en-ors and omissions insurance insuring its officers and directors, and shall pay all taxes assessed against property and all utility charges incurred with respect to General Common Area and General Common Facilities. (F) Limitations on Action by the Corporation. Unless at least two - thirds (2/3) of the Mortgagees (based on one vote for each first mortgage owned) and two - thirds (2/3) of the members of the Corporate Board have given their prior written approval, a Permitted Title Holder, the Corporate Board and the Owners may not: (i) except as authorized by Section 17(A) (but subject to the limitations of Section 17(A), by act or omission seek to abandon, partition, subdivide, encumber, sell or transfer the General Common Area (but the granting of easements for public utilities or other public purposes consistent with the intended use of the General Common Area shall not be deemed a transfer for the purposes of this clause); (ii) fail to maintain fire and extended coverage insurance on insurable General Common Area and General Common Facilities on a current replacement cost basis in the amount of one hundred percent (1 OO %) of the insurable value (based on current replacement cost); (iii) use hazard insurance proceeds for losses to any General Common Area or General Common Facilities for other than the repair, replacement or reconstruction of the General Common Area or General Common Facilities. (G) Mergers. Upon a merger or consolidation of another corporation with the Corporation, its properties, rights and obligations may, as provided in its Articles of Incorporation, by operation of law be transferred to another surviving or consolidated corporation or, alternatively, the properties, rights and obligations of another corporation may by operation of law be added to the properties, rights and obligations of the Corporation as a surviving corporation pursuant to a merger. The surviving or consolidated corporation may administer the covenants and restrictions established by this Declaration within the Property together with the covenants and restrictions established upon any other properties as one scheme. No merger or consolidation, however, shall effect any revocation, change or addition to the covenants established by this Declaration within the Property except as hereinafter provided. Section 15. Assessments. (A) Creation of the Lien and Personal Obligation of Assessments. Each Owner (other than Declarant and Designated Builders) of any 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 Corporation: (i) General Assessments, (ii) Plaza/Community Drive Assessment, (iii) Initial Assessments, (iv) Capital Assessments and (v) Special Assessments, such Assessments to be established and collected as hereinafter provided. If two (2) or more Lots originally shown on a Plat are consolidated as a single Lot by virtue of partial vacation of a Plat then, as long as such Lots are consolidated, they shall be deemed to constitute a single Lot for purposes of Assessments under this Section 15. If such Lot is divided by conveyance of portions thereof to owners of adjacent Lots, then, so 7 long as the divided Lot is used in its entirety by one or more Owners of contiguous Lots, such divided Lot shall not be a Lot for purposes of Assessment under this Section. All Assessments, together with interest thereon and costs of collection thereof, 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. The Corporate Board, in its discretion, is hereby :fully authorized to record with the Recorder of Hamilton County a written instrument evidencing the lien, against the applicable Lot, for any delinquent Assessments. Each Assessment, together with interest thereon and costs of collection thereof, shall also be the personal obligation of the Person who was the Owner of the Lot at the time when the Assessment became due. Notwithstanding the foregoing, and, except as hereinafter provided, without limiting the personal obligation of any such Person, the Corporate Board, in its discretion may, from time to time, elect to require the collection .of any Assessments of the Corporation by and through a Supplemental Association, which shall then allocate the Assessments of the Corporation to those Owners who are members of such Supplemental Association, and such Supplemental Association, along with the owners within the Supplemental Association's Parcel, shall be personally liable therefore. (B) General Assessment. 1. Purpose of Assessment. The General Assessment levied by the Corporation shall be used exclusively to promote the health, safety, and welfare of the Owners of Lots and Occupants of Units and to satisfy the Corporate Obligations as determined by the Corporate Board. The Corporate Board, in its discretion, from time to time may but shall not be obligated to establish and maintain a reserve fund for replacements by the allocation from the General Assessment and the payment to such reserve fund of an amount determined annually by the Corporate Board, in its discretion, to be sufficient to meet the cost of periodic significant capital repairs, renewals and replacements of the General Common Facilities. The Corporate Board shall determine the dates on and frequencies with which the General Assessment shall be paid_ 2. Basis for Assessment. (a) Each Lot within The Ridge at Legacy. The general area of The Ridge at Legacy, to be developed for detached Residential Units is identified on the Preliminary Plan of Development, comprises approximately 72.32 acres, is part of the Real Estate and is legally described in what is attached hereto and incorporated herein by reference as "Exhibit E ( "The Ridge at Legacy "). Except as provided in Section 15(B)(3) with respect to Lots owned by the Declarant and Designated Builders, all Lots located within The Ridge at Legacy shall be assessed at a uniform rate without regard to whether a Residential Unit and other improvements have been constructed upon such Lot. As set forth in the Valuation Table, the initial rate at which such Lots shall be assessed shall be 5205.00 per Lot per year. Absent the written consent of at least 2/3 of the Owners of each Lot in The Ridge at Legacy, the General Assessment in any given year may not increase by more than (i) ten percent (10 %) of the General Assessment for the prior year plus (ii) 10% per year for each year, before the prior year, in which the General Assessment was not increased; provided, however, that the annual General Assessment of The Ridge at Legacy shall never exceed that portion of the Corporation's Annual Budget which the Declarant, in good faith and through the application of the Valuation Table, determines is allocable to The Ridge at Legacy. The General Assessment for each Lot subject to assessment in The Ridge at Legacy shall commence on the first day of the first month following both 0) the recordation with the Recorder of Hamilton County, Indiana, of a secondary Plat which includes such Lot and (ii) the date on which the Declarant and/or the Designated Builder conveys such Lot. The foregoing provisions in this Section 1503)(2)(a) may not be changed or modified through any means including, without limitation, by an amendment to this Declaration. (b) Each Lot Within Parkview at Legacy. The general area of Parkview at Legacy, to be developed for detached Residential Units is identified on the Preliminary Plan of Development, comprises approximately 5.464 acres, is part of the Real Estate, and is legally described in what is attached hereto and incorporated herein by reference as "Exhibit F' (" Parkview at Legacy "). Except as provided in Section 15 (B)(3) with respect to Lots owned by the Declarant and Designated Builders, all Lots located within Parkview at Legacy shall be assessed at a uniform rate without regard to whether a Residential Unit and other improvements have been constructed upon such Lot. As set forth in the Valuation Table, the initial rate at which such Lots shall be assessed shall be $174.25 per Lot per year. Absent the written consent of at least 2./3 of the Owners of each Lot in Parkview at Legacy, the General Assessment in any given year may not increase by more than (i) 10% of the General Assessment for the prior year plus (U) 10% per year for each year, before the prior year, in which the General Assessment was not increased; provided, however, that the annual General Assessment for Parkview at Legacy shall never exceed that portion of the Corporation's Annual Budget which the Declarant, in good faith and through the application of the Valuation Table, determines is allocable to Parkview at Legacy. The General Assessment for each Lot subject to assessment in Parkview at Legacy shall commence on the first day of the first month following both (i) the recordation with the Recorder of Hamilton County, Indiana, of a secondary Plat which includes such Lot and (ii) the date on which the Declarant and/or the Designated Builder conveys such lot. The foregoing provisions in this Section 15(B)(2)(b) may not be changed or modified through any means including, without limitation, by an amendment to this Declaration. (c) The Legacy Towns and Hats. The general area of The Legacy Towns and Flats is identified on the Preliminary Plan of Development, comprises approximately 13.04 acres, is part of the Real Estate, and is legally described in what is attached hereto and incorporated herein by reference as "Exhibit G" ( "The Legacy Towns and Flats "). For purposes of computing Assessments, The Legacy Towns and Flats is hereby deemed to comprise 13.04 acres and, as such, as set forth in the Valuation Table, the initial rate at which The Legacy Towns and Flats shall be assessed shall be a total of $14,702.60 per year which, per the Valuation Table, represents (i) the product of the assigned Valuation Factor of 5.5 per acre and $205.00 multiplied by (ii) 13.04 acres. Absent the written consent of the Owner of The Legacy Towns and Flats, and after increasing as set forth below for additional apartment units for which a Certificate of Occupancy ( "Certificate of Occupancy ") has been issued, the General Assessment in any given year may not increase by more than (1) 10% of the General Assessment for the prior year plus (ii) 1 0% per year for each year, before the prior year, in which the General Assessment was not increased; provided, however, that the annual General Assessment of The Legacy Towns and Flats shall never exceed that portion of the Corporation's Annual Budget which the Declarant, in good faith and through the application of the Valuation Table, determines is allocable to The Legacy Towns and Flats. The General 9 Assessment for The Legacy Towns and Flats shall (i) commence and be prorated, on a calendar year basis, starting from the date on which the Zoning Authority issues a Certificate of Occupancy for an Apartment Building which is constructed in The Legacy Towns and Flats and shall (ii) also be prorated based upon the number of apartment units in Apartment Buildings in the Legacy Towns and Flats for which a Certificate of Occupancy has been issued; provided, however, that such proration based upon the number of apartment units shall continue for a period of time not to exceed 3 years after Certificate of Occupancy is issued for the First Apartment Building in the Legacy Towns and Flats (the "Third Anniversary") and, immediately following the Third Anniversary, 100% of the General Assessment for the Legacy Towns and FIats, prorated as specified above on a calendar year basis, shall be due and payable. By way of example, on the date on which the Certificate of Occupancy is issued for the first Apartment Building, the General Assessment which shall be due and payable shall be equal to (i) the number of apartments units in said Apartment Building divided by the total number of apartment units which will exist once all Apartment Buildings in The Legacy Towns and Flats are constructed, multiplied by (ii) 100% of the General Assessment for The Legacy Towns and Flats for the applicable calendar year, prorated as specified above on a calendar year basis, and so on for the number of apartment units in each subsequent Apartment Building, until the earlier of the Third Anniversary or the issuance of the Certificate for the last Apartment Building to be constructed in The Legacy Towns and Flats, at which time 100% of the General Assessment for The Legacy Towns and Flats, prorated as specified above on a calendar year basis, shall be due and payable. The foregoing provisions in this Section 15(B)(2)(c) may not be changed or modified through any means including, without limitation, by an amendment to this Declaration. (d) Condominiums. At the Declarant's discretion and election, each Condominium shall be assessed through the Condominium Association having jurisdiction thereof, provided that each Condominium shall nonetheless be subject to the liens therefore in the amount of the General Assessment allocable to it (c) Change in Basis. The basis for Assessment specified in the Valuation Table :may be changed by a majority of the Corporate Board, in its discretion, who are voting in person at a meeting of the Corporate Board duly called for this purpose. 3. Allocation of General Assessment. Unless otherwise expressly provided in This Declaration, the General Assessment shall be allocated, in the discretion of the Corporate Board, among all Owners (other than the Declarant and Designated Builders) in accordance with the applicable Valuation Factor specified in the Valuation Table. Notwithstanding anything in this Declaration to the contrary, with respect to Lots titled in the name of the Declarant and the Designated Builders, the Declarant in the Declarant's discretion, may elect on a year -to -year basis to pay either (i) the General Assessment or (ii) the Corporation's Annual Operating Deficit, (C) PlazalConununity Drive Assessment. The PlazalConununity Drive Assessment described above in Section 4(B)(3) shall be due and payable to the Village District at the Legacy Supplemental Association as specified below: 1. Each lot within The Ridge at Legacy. Except as provided in Section ]5(13)(3) above with respect to Lots owned by Declarant and Designated 10 Builders, all Lots within the Ridge at Legacy shall be assessed at a uniform rate without regard to whether any Residential Unit and other improvements have been constructed upon such Lot. As set forth in the Valuation Table, the initial rate shall be assessed at $25.00 per Lot per year. Absent the written consent of at least two - thirds of the Owner of each Lot in the Ridge at Legacy, the Plaza/Community Drive Assessment in any given year may not increase by more than (1) 1O% of the Plaza/Community Drive Assessment for the prior year plus (ii) IO% per year for each year, before the prior year, in which the Plaza/Community Drive Assessment was not increased; provided, however that the annual Plaza&Comtnunity Drive Assessment for The Ridge at Legacy shall never exceed that amount which the Declarant, in good faith and through application of the Valuation Table, determines is allocable to The Ridge at Legacy. The Plaza/Comnii pity Drive Assessment for each Lot subject to assessment in the Ridge at Legacy shall commence on the first day of the first month following both (f) the recordation with the Recorder of Hamilton County, Indiana, of the Secondary PIat, which includes such Lot and (ii) the date on which the Declarant and/or the Designated Builder conveys such lot. The foregoing provisions in this Section 15(C)(1) may not be changed or modified though any means including, without limitation, by an amendment to the Declaration. 2. Each Lot within Parkview at Legacy. Except as provided in Section 15(B)(3) above with respect to Lots owned by Declarant and Designated Builders, all Lots within the Parkview at Legacy shall be assessed at a uniform rate without regard to whether any Residential Unit and other improvements have been constructed upon such Lot. As set forth in the Valuation Table, the initial rate shall be assessed at $21.25 per Lot per year. Absent the written consent of at least two - thirds of the Owner of each Lot in Parkview at Legacy, the Plaza/Community Drive Assessment in any given year may not increase by more than (i) 10% of the Plaza /Community Drive Assessment for the prior year plus (ii) 10% per year for each year, before the prior year, in which the Plaza/Community Drive Assessment was not increased; provided, however that the annual Plaza/Community Drive Assessment for Parkview at Legacy shall never exceed that amount which the Declarant, in good faith and through application of the Valuation Table, determines is allocable to the Parkview at Legacy. The Plaza/Community Drive Assessment for each Lot subject to assessment in Parkview at Legacy shall commence on the first day of the first month following both (i) the recordation with the Recorder of Hamilton County, Indiana, of the Secondary Plat, which includes such Lot and (ii) the date on which the Declarant and/or the Designated Builder conveys such lot. The foregoing provisions in this Section 15(C)(2) may not be changed or modified though any means including, without limitation, by an amendment to the Declaration. 3. The Legacy Towns and Flats. As set forth in the Valuation Table, the initial rate at which The Legacy Towns and Flats shall be assessed shall be the sum of $1,793.00 per year which, per the Valuation Table, represents (i) the product of the assigned Valuation Factor of 5.5 and $25.00, multiplied by (ii) 13.04 acres. Absent the written consent of the owner of The Legacy Towns and Flats, and increasing as set forth below for additional apartment units for which a Certificate of Occupancy has issued, the Plaza/Community Drive Assessment in any given year may not increase by more than (1) IO% of the Plaza/Community Drive Assessment for the prior year plus (11) 10% per year for each year, before the prior year, in which the Piaza/Community Drive Assessment was not increased; provided, however that the annual Plaza/Community Drive Assessment for The Legacy Towns and Flats shall never exceed that amount which the Declarant, in good faith and through application of the Valuation Table, determines is allocable to The Legacy Towns and Flats. The Plaza/Community Drive Assessment for the The Legacy Towns and Flats shall (i) commence and be prorated, on a calendar year basis, starting from the date on %inch the Zoning Authority issues a Certificate of Occupancy for an Apartment Building which is constructed in. The 11 Legacy Towns and Flats and shall (ii) also be prorated based upon the number of apartment units in Apartment Buildings in the Legacy Towns and Flats for which a Certificate of Occupancy has been issued; provided, however, that such proration based upon the number of apartment units shall continue for a period of time not to exceed 3 years after the issuance of the Certificate of Occupancy is issued for the First Apartment Building hi the Legacy Towns and Flats (the "Third Anniversary") and, immediately following the Third Anniversary, 100% of the Plaza/Community Drive Assessment for the Legacy Towns and Flats, prorated as specified above on a calendar year basis, shall be due and payable. By way of example, on the first day of the month on which the Certificate of Occupancy is issued for the first Apartment Building, the Plaza/Community Drive Assessment which shall be due and payable shall be equal to (i) the number of all apartments units in said Apartment Building divided by the total number of apartment units which will exist once all Apartment Buildings in the Legacy Towns and Flats are constructed, multiplied by (ii) 100% of the Plaza/Community Drive Assessment for the Legacy Towns and Flats for the applicable calendar year, and so on for the number of apartment units in each subsequent Apartment Building, until the earlier of the Third Anniversary or the issuance of the Certificate of Occupancy for the last Apartment Building to be constructed in The Legacy Towns and Flats, at which time 100% of the P1amfCommunity Drive Assessment for The Legacy Towns and Flats, prorated as specified above on a calendar year basis, shall be due and payable. The foregoing provisions in this Section 15(C)(3) may not be changed or modified though any means including, without limitation, by an amendment to the Declaration. 4. Condominiums. At the Declarant's discretion and election, each condominium shall be assessed through the condominium association having jurisdiction thereof, provided that each condominium shall nonetheless be subject to the liens therefore in the amount of the Plaza/Community Drive Assessment allocable to it. S. Change in basis — The basis for the assessment specified in the Valuation Table may be changed by a majority of the Corporate Board, in its discretion, at a meeting of the Corporate Board duly called for this purpose. (D) initial Assessment. There shall be due and payable to the Corporation the Initial Assessment specified below: 1. Each Lot within The Ridge at The Legacy. For each Lot in The Ridge at The Legacy, there shall -be due as payable an Initial Assessment, in the sum of $250.00, on the earlier of the date (1) the date the Declarant conveys the Lot to an Owner (other than a Designated Builder or the holder of a first mortgage on such Lot in a conveyance which constitutes a deed in lieu of foreclosure), (ii) a Residential Unit constructed on the Lot has been certified for occupancy by the Zoning Authority, (iii) the date a Designated Builder conveys the Lot to an Owner (other than Declarant), or (iv) the date a Residential Unit on the Lot is first occupied by an Owner or Occupant upon completion of construction thereof. 2. Each Lot within Farkview at Legacy. For each Lot in Parkview at Legacy, there shall be due as payable an Initial Assessment, in the sum of $212.50, on the earlier of the date (i) the date the Declarant conveys the Lot to an Owner (other than a Designated Builder or the holder of a first mortgage on such Lot in a conveyance which constitutes a deed in lieu of foreclosure), (ii) a Residential Unit constructed on the Lot has been certified for occupancy by the Zoning Authority, (iii) the date a Designated Builder conveys the Lot to an Owner (other than Declarant), or (iv) the date a Residential Unit on the Lot is first occupied by an Owner or Occupant upon completion of construction thereof. 12 3. The Legacy Towns and Flats. An Initial Assessment shall not he due and payable from The Legacy Towns and Flats (E) Real Estate Subsequently Annexed. As part or all of the Additional Real Estate is annexed to the Property and made subject to this Declaration per the terms of this Declaration, the Declarant in its discretion shall determine (i) the manner in which such Additional Real Estate shall be assessed with the General Assessment and the Plaza/Comnnunity Drive Assessment and (ii) the amount of Initial Assessment to apply to such Additional Real Estate. In determining the manner in which such Additional Real Estate shall be so assessed, the Declarant may consider any and all factors deemed relevant by the Declarant in its discretion including, without limitation, the Valuation Table, the impact on the Drainage System, the amount of post - development impervious surface within the Additional Real Estate, and the extent to which the Owners and Occupants of Additional Real Estate, once developed, will use the General Common Areas. (F) Capital Assessment. The Corporate Board, in its discretion, may levy in any calendar year a Capital Assessment applicable to that year and not more than the next four (4) succeeding calendar years for the purpose of defraying, in whole or in part, the cost of any construction, repair, or replacement of a capital improvement upon the General Common Area, including fixtures and personal property relating thereto or any General Common Facilities, provided that any such Capital Assessment shall have the assent of a majority of the votes of the Owners whose Lots are subject to Assessment with respect to the capital improvement who are voting in person or by proxy at a meeting of Owners duly called for this purpose. Any Capital Assessment pursuant to this Section 15 (E) shall be allocated, based upon the Valuation Table, among Lots subject thereto. (G) Effect of Nonpayment of Assessments; Remedies of the Corporation. Any Assessments not paid within thirty (30) days after the due date may, upon resolution of the Corporate Board, bear interest from the due date at a percentage rate no greater than the current statutory maximum annual interest rate, to be set by the Corporate Board for each Assessment year. The Corporation shall be entitled to institute in any court of competent jurisdiction any lawful action to collect a delinquent Assessment, to foreclose lien or such delinquent Assessments in the same manner in which mortgages are foreclosed in the State of Indiana, and shall also be entitled to collect plus any expenses or costs, including reasonable attorney's fees incurred by the Corporation in collecting such Assessment. If the Corporation has provided for collection of any Assessment in installments, upon default in the payment of any one or more installments, the Corporation may accelerate payment and declare the entire balance of said Assessment due and payable in full. No Owner may waive or otherwise escape liability for the Assessments provided for herein by nonuse of the . General Common Area or the General Common Facilities or abandonment of a Lot. (H) Subordination of the Lien to Mortgages. To the extent specified herein, the lien of the Assessments provided for herein against a Lot shall be subordinate to the lien of 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 any Assessment. 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 as to payments which became due more than six (6) months prior to such sale or transfer. No sale or transfer shall relieve such Lot from liability for any Assessments thereafter becoming due or from the lien thereof. (1) Certificates. The Corporation shall, upon demand in writing by an Owner, at any time, furnish a certificate in writing signed by an officer of the Corporation that the Assessments by the Corporation on a Lot have been paid or that certain such Assessments remain unpaid, as the case may be. (J) Corporation's Annual Budget. By a majority vote of the Corporate Directors, the Corporate Board in its discretion shall adopt the Corporation's Annual Budget for the subsequent calendar year, which shall provide for allocation of expenses in such a manner that the Corporate Obligations will be met. The Corporate Board may from time to 13 tine, in its discretion, include in the Corporation's Annual Budget a capital reserve in an amount sufficient to meet the projected need with respect to both amount and timing of significant construction, repair or replacement of the General Common Facilities. (K) Special Assessments. Subject to Iim.itations on increases and maximum levels of the General Assessment specified above in this Section 15, in the event the General Assessment for any calendar year after the Applicable Date is inadequate to cover the cost incurred by the Corporation for the purposes set forth in Section 15(B) hereof in such calendar year, the Corporate Board in its discretion may levy upon all Owners, as a Special Assessment, an Assessment to cure such inadequacy. Such Special Assessment shall be allocated among the Owners in the same manner as the Genera/ Assessment is allocated among Owners. (L) Violation Assessment. In addition to all other Assessments as be authorized herein, the Corporate Board, in its discretion, may levy a Violation Assessment against an Owner, (i) for a violation of this Declaration or (1i) 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 damage, the Corporate Board shall have the right to undertake the necessary maintenance, repair or replacement. The choice between repair or replacement is in the discretion of the Corporate Board. Section 16. Architectural Control. The Legacy Building Guidelines set forth the general thematic design and architectural standards for The Legacy in order to provide guidance to Owners concerning architectural, design and construction matters of particular concern to Declarant and may, from time to time, be amended and revised by the Declarant or the Corporate Board, in their discretion. Due however, to location, types of surrounding uses, type of construction and use and unique characteristics of property within the Property, Declarant intends that actual architectural control shall be vested in Development Standards and Architectural Control Committees established with respect to particular Parcels, and the Supplemental Declarations shall establish one or more Development Standards and Architectural Control Committees, and the procedures, guidelines and standards thereof. As a result, the Legacy Building Guidelines is not the exclusive basis for architectural approval, and compliance with the Legacy Building Guidelines shall not guarantee architectural approval.' Each Owner shall look to the Supplemental Declaration, and the Development Standards and Architectural Control Committee established pursuant thereto, for the particular building guidelines applicable to Lots or Units subject to such Supplemental Declaration. Pursuant to a Supplemental Declaration, the applicable Development Standards and Architectural Control Committee shall regulate the external design appearance, use, location and maintenance of the Lots and of all improvements thereon within the Parcels covered by the Supplemental Declaration in such manner as to preserve and enhance values, to maintain a harmonious relationship among Structures, improvements and the natural vegetation and topography, and to implement the development standards and guidelines set forth in the Zoning Ordinance. Notwithstanding anything in. this Declaration or any Supplemental Declaration to the contrary, if Declarant has reserved rights of architectural review and control over any portion of the Property pursuant to any contract, deed, covenant or other recorded instrument outside this Declaration or a Supplemental Declaration, then the provisions of such instrument shall control as to any architectural review and control with respect thereto, and approval by Declarant pursuant to such instrument shall be deemed full compliance with the architectural review and control provisions of this Declaration and the applicable Supplemental Declaration unless, and then only to the extent that Declarant has (i) assigned in writing any or all of its reserved rights under such instrument to a Development Standards and Architectural Control Committee established pursuant to a Supplemental Declaration or (ii) recorded an instrument declaring its intent that a particular Supplemental Declaration shall govern architectural review and control with respect thereto. Also notwithstanding anything in this Declaration or any Supplemental Declaration to the contrary, with the exception (i) of provisions in Supplemental Declaration pertaining to the circumstance of casualty and (ii) of modifications (if any) which are to the four (4) buildings within The Legacy Towns and Flats flanking Community Drive and which have not been approved by the Declarant prior to the recordation of this Declaration with the Recorder of Hamilton County, Indiana, The Legacy Towns and Flats shall be exempt from any architectural control (including, without limitation, architectural control of Structures, lighting, landscaping, signage, outdoor recreational equipment and satellite receives, down -links and dishes and antennas) specified in this Declaration or any Supplemental Declaration, but must (i) be 14 maintained as a first class apartment community and in good, clean and sanitary condition, order and repair and (ii) comply with all applicable requirements of the Zoning Ordinance and all approvals obtained from the Zoning Authority. The immediately preceding sentence regarding exemption from architectural control may not be changed or modified through any means including, without limitation, by an amendment to this Declaration. Section 17. Common Area and Common. Facilities. (A) Ownership. Unless expressly stated in a recorded instrument, the Common Area and Common Facilities shall remain private, and neither Declarant's execution or recording of an instrument portraying the Common Area nor the doing of any other act by Declarant is, or is intended to be, or shall be construed as, a dedication to the public of the Common Area or the Common Facilities. Declarant, the Corporation or, as to Limited Common Area, the applicable Supplemental Association, may, however, dedicate or transfer all or any part of the Common Area or the Common Facilities to any Permitted Title Holder for public parks or other public purposes, to a municipality or the county of Hamilton for use as public rights -of -way or to a public utility for public utility purposes, and Declarant may transfer alI or any part of the Common Area to a permitted Title Holder as contemplated by this Declaration. (B) Density of Use. Declarant expressly disclaims any warranties or representations regarding the density of use of the Common Area or any facilities located thereon or constituting a part thereof. (C) Management and Control. 1. The Corporation, subject to the rights of Declarant, a Supplemental Association and the Owners set forth in this Declaration and the rights of any Permitted Title Holder established in an instrument conveying title to any part of the General Common Area, shall be responsible for the exclusive management and control of the General Comunon Area and the General Common Facilities, and except as otherwise provided herein, in a Supplemental Declaration, or in an instrument of conveyance to a Permitted Title Holder, shall keep the General Common Area and General Common Facilities in good, clean, attractive and sanitary condition, order and repair. The Corporation may, with the consent of the applicable Supplemental Board, transfer to a Supplemental Association responsibility for management, control and/or maintenance of General Common .Area and General Cornmon Facilities. 2. The Applicable Supplemental Association, subject to the rights of Declarant, the Corporation and the Owners set forth in this Declaration and the rights of any Permitted Title Holder established in an instrument conveying title to any part of the Common Area, shall be responsible for the exclusive management and control of the Limited Common Area and the Limited Common Facilities and, except. as otherwise provided herein, in a Supplemental Declaration, or in an instrument of conveyance to a Permitted Title Holder, shall keep the Limited Common Area and Limited Common Facilities in good, clean, attractive and sanitary condition, order and repair. The Supplemental Association may, with the consent of the Corporate Board, transfer to the Corporation responsibility for management, control and/or maintenance of Limited Common Area and Limited Common Facilities. (D) Basements of Enjoyment. 1. Owners. No Person shall have any right or easement of enjoyment in or to the Common Area except to the extent granted by, and subject to the terms and provisions of this Declaration or a Supplemental Declaration. Such rights and easements as are thus granted shall be 15 appurtenant to and shall pass with the title to every Lot for whose benefit they are granted. Unless otherwise provided in this Declaration or a Supplemental Declaration, a Plat or other Development Instrument, (1) all Owners, tenants of Non - Residential Lots and tenants in The Legacy 'Towns and Flats or in an Apartment Building located elsewhere in the Property shall have the right to the use of the General Common Area, subject to the reserved rights of Declarant and the Corporation, and (ii) all Owners, tenants of Non-Residential Lots and tenants in The Legacy Towns and Flats or in an Apartment Building located elsewhere in the Property shall also have the right to the use of such Limited Common Area and Limited Common Facilities, subject to the reserved rights of Declarant, the Corporation and the Applicable Supplemental Association. Owners of Lots abutting a Pond may use any Pond which abuts such Owner's Lot, but such use shall be limited to fishing and such other uses as may be authorized by resolution adopted (i) by the Corporate Board in the case of Ponds that are General Common Area, (ii) by the applicable Supplemental Association in the case of Ponds that are Limited Common Areas, and (iii) by both the Corporate Board and the Supplemental in the case of ponds which are a General Common Area but which are surrounded by a Limited Common Area. Subject to restrictions on points of access, the Ponds that are General Common Area may be used by all Owners, but only for fishing and such other purposes as may be authorized by the Corporate Board. Subject to restrictions on points of access, the Pond which are Limited Common Area may also be used by all Owners of Property, but only for fishing and such other purposes as may be authorized by the Corporate Board or the applicable Supplemental Association. No Owner whose Lot does not abut a Pond shall have any right of access to a Pond over any Lot, but only such right of access over the Common Area as may be authorized by resolution adopted by the Corporate Board, in the case of a General Common Area, or by resolution adopted by the Supplemental Board, in the case of a Limited Common Area. 2. Occupants. Occupants who are not also Owners, tenants of a Residential Lot or a Non - Residential. Lot, or tenants within the Legacy Towns and Flats or an Apartment Building elsewhere in the Property may use and enjoy the Common Area only to the extent specified in Section 17 (F) or as explicitly authorized elsewhere in this Declaration, in a Supplemental Declaration, by the Corporate Board in the case of a General Common Area, or by the Supplemental Board of a Supplemental Association in the case of a Limited Common Area. (E) Extent of Easements. The easements of enjoyment created hereby shall be subject to the following: 1. The right of the Corporation, as to General Conmion Area, and the applicable Supplemental Association, as to Limited Common Area, to establish reasonable rules for the use of such Common Area (including but not limited to use of identification cards) and to charge reasonable fees for the use of any such Common Area or part thereof; 2. The right of the Corporation, as to General Common Area, and the applicable Supplemental Association, as to Limited Common Area, to suspend the right of an Owner and all Persons whose right to use the Common Area derives from such owner's ownership of a Lot (including Occupants on the Lot) to use all or any portions of such Common Area for any period during which any Assessment against the Owner's Lot remains unpaid for more than thirty (30) days after notice; 3. The right of the Corporation, as to General Common Area, and the Applicable Supplemental Association, as to Limited Common Area, to suspend the right of an Owner or any Person claiming through the Owner 16 (including Occupants of the Unit) to use all or any portion of such Common Area for a period not to exceed sixty (60) consecutive days for any other infraction of this Declaration, any Supplemental Declaration or any rules or regulations adopted by the Corporation and/or a Supplemental Association with respect thereto; provided, however, that Occupants of an Apartment Building or Multiuse Structure who are not personally responsible for the infraction and who otherwise have a right of use shall not be denied such use as a consequence of an infraction by another Occupant of such Apartment Building of Multiuse Structure; provided, however, that a parent may be deemed personally responsible for the infraction of a minor; 4. The right of the Corporation, as to General Common Area, and the applicable Supplemental Association, as to Limited Common Area, to mortgage any or all of such Common Area, the facilities constructed thereon and the Common Facilities associated therewith for the purposes of improvements to, or repair of such Common Area, the facilities constructed thereon or such Common Facilities, pursuant to approval of the Corporate Board or applicable Supplemental Board, as the case may be; and 5. The right of the Corporation, as to General Common Area, and the applicable Supplemental Association, as to Limited Common Area, to dedicate or transfer all or any part of the Common Area and/or the Common Facilities associated therewith to any public agency, authority or utility exclusively for purposes permitted herein, but subsequent to the Applicable Date, in the case of General Common Area, and the applicable Parcel Applicable Date, in the case of Limited Common Area, no such dedication or transfer shall be effective unless an instrument is signed by the appropriate officers of the Corporation or the applicable Supplemental Association acting pursuant to authority granted by a majority of the votes of its board of directors; and (F) Additional Ruts of Use. The members of the family of every Person (i) owning or leasing a Residential Lot, (ii) leasing an apartment within the Legacy Towns and Flats or in an Apartment Building located elsewhere within the Property and (iii) the employees of every Person owning or leasing a Non - Residential Lot may use the Common Area and the Common Facilities (or part thereof) on the same terms and subject to the same limitations as such Person subject to the terms of any instrument of conveyance of such Common Area or Common Facilities to a Permitted Title Holder and to such general rules, regulations, policies and procedures consistent with the provisions of this Declaration (with respect to General Common Area) and all Supplemental Declarations (with respect to Limited Common Area) as may be established from time to time by the Corporation and/or a Supplemental Association. Except as otherwise provided herein or in a Supplemental Declaration, the Corporation may restrict use of the General Common Area and General Common Facilities by guests of Persons whose use thereof is authorized herein or in a Supplemental Declaration, and a Supplemental Association may restrict use of the Limited Common Area and Limited Common Facilities by guests of Persons whose use thereof is authorized herein or in a Supplemental Declaration. (G) Damage or Destruction by Owner. In the event the General Common Area or any General Common Facility is damaged or destroyed by an Owner or any of his guests, tenants, licensees, agents, or members of his family, such Owner authorizes the Corporation to repair said damaged area and the Corporation shall repair said damaged area in a good workmanlike manner in conformance with the original plans and specifications of the area involved, or as the area may have been modified or altered subsequently by the Corporation in the discretion of the Corporation. An amount equal to the costs incurred to effect such repairs shall be assessed against such Owner as a Special Assessment and shall constitute a lien upon the Lot of said Owner. (Ii) Conveyance of Title. Declarant may but is not obligated to retain the legal title to the General Common Area and the General Common Facilities until the 17 Applicable Date and to Limited Common Area and Limited Common Facilities until the applicable Parcel Applicable Date; provided, however, that the Declarant hereby covenants that it shall convey to a Permitted Title Holder the title, by quitclaim deed, (i) prior to the Applicable Date in the case of a General Common Area or General Common Facility and 01) prior to the Parcel Applicable Date in the case of a Limited Common Area or Limited Common Facility (1) Limited Common Area and Limited Common Facilities. Unless otherwise expressly referenced herein, the ownership, use, maintenance and other matters related to the Limited Common Areas and. Limited Common Facilities shall be governed by the Applicable Supplemental Association and corresponding Supplemental Declaration establishing or governing such T imited Common Areas and Limited Common Facilities. Without limiting the foregoing, no Person shall have any right or casement of enjoyment in or to the Limited Common Area except to the extent granted by, and subject to the terms and provisions of this Declaration or a Supplemental Declaration. In the event the Limited Common Area or any Limited Common Facility is damaged or destroyed by an Owner or any of his guests, tenants, licensees, agents, or member of his family, such Owner authorizes the applicable Supplemental Association to repair said damaged area and the applicable Supplemental Association shall repair said damaged area in a good workmanlike manner in conformance with the original plans and specifications of the area involved, or as the area may have been modified or altered subsequently by the applicable Supplemental Association in the discretion of the applicable Supplemental Association. An amount equal to the costs incurred to effect such repairs shall be assessed against such Owner as a Special Assessment and shall constitute a lien upon the Lot of said Owner. Section 18. Use of Property. (A) Protective Covenants. 1. Land Use. Lots and Common Areas may be used only for the purposes authorized by the Zoning Ordinance. 2. Nuisances. No nuisance shall be permitted to exist or operate upon any Lot so as to be detrimental to any other Lot in the vicinity thereof or to its Occupants. 3. Other Restrictions. Declarant may impose additional Restrictions in any Flat, Supplemental Declaration, the Legacy Building Guidelines, other written instrument, or in the general rules or regulations adopted by the applicable Development Standards and Architectural Control Committee. (B) Maintenance of Property. To the extent that exterior maintenance is not provided for in a Supplemental Declaration, each Owner shall, at such Owner's expense, keep all Lots owned by the Owner, and all improvetnents therein or thereon, in good order and repair and free of debris including, but not limited to, the seeding, watering, and mowing of all lawns, the pruning and cutting of all trees and shrubbery and the painting (or other appropriate external care) of all Structures and other improvements, all in a manner and with such frequency as is consistent with good property management as determined by the Corporate Board in its discretion. In the event an Owner of any Lot in the Property shall fail to maintain the premises and the improvement situated thereon, as provided herein, the Corporation, after notice to the Owner as provided by the Corporate By -Laws and approval by a majority vote of the Corporate Board, shall have the right to enter upon said Lot to correct drainage and to repair, maintain and restore the Lot and the exterior of the Structures and any other improvements erected thereon. All costs related to such correction, repair or restoration shall become a Special Assessment upon such Lot. 18 Section 19. Easements. (A) Plat Easements. In addition to such easements as are created elsewhere in this Declaration or in a Supplemental Declaration and as may be created by Declarant pursuant to other written instruments recorded in the office of the Recorder of Hamilton County, Indiana, Lots are subject to drainage easements, sewer easements, utility easements, entry way easements, landscape easements, water access easements, Common Area access easements, pathway easements, non - access easements and access easements, either separately on in any combination thereof, as shown on the Pints, which are reserved for the use of Declarant, Owners, the Corporation, public utility companies and government agencies and, as to any Limited Common Area, the applicable Supplemental Association, and the applicable Development Standards and Architectural Control Committee as follows: I. D.E. Drainage Easements are created to provide paths and courses for area and local storm drainage, either overland or in adequate underground conduit, or covered pipe to serve the needs of The Legacy and adjoining ground andfor public drainage systems; and it shall be the individual responsibility of each Owner to maintain the drainage access across his own Lot. No easement shall be blocked in any manner by the construction or reconstruction of any improvement, nor shall any grading restrict, in any manner, the water flow. Said areas are subject to construction or reconstruction to any extent necessary to obtain adequate drainage at any time by any governmental authority having jurisdiction over drainage, by Declarant, the Corporation and the applicable Supplemental Association, but neither Declarant, the Corporation nor the applicable Supplemental Association shall have any duty to undertake any such construction or reconstruction. Said easements are for the mutual use and benefit of the Owners. 2. S.S.E. Sewer Easements are created for the use oldie local governmental agency, having jurisdiction over any sanitary waste disposal system which may be designed to serve The Legacy for the purpose of installation and maintenance of sewers that are a part of said system. 3. U.E. Utility Easements are created for the use of Declarant, the Corporation, the applicable Supplemental Association and public or municipal utilities, not including transportation companies, that provide electrical, telephone, gas and water service for the installation and maintenance of underground mains, ducts, wires and other facilities for such service, as well as for all uses specified in the case of sewer casements, provided that prior to the Applicable Date no such mains, ducts, wires and other facilities may be installed in any utility easement without the prior consent of Declarant. 4. I.M.A.E. Installation. Maintenance and Access Easements are created for the use by Declarant, the applicable Development Standards and Architectural Control Committee, the Corporation and the applicable Supplemental Association designated thereon for (i) the installation, operation and maintenance of the Entry Ways, (ii) the planting and maintenance of trees, shrubs, and other plantings, and all other walls, fences, or other improvements, (iii) gaining access to the Ponds in the course of maintenance, repair or replacement of any thereof, (iv) gaining access to the General Common Area in the course of maintenance, repair or replacement thereof and for the use of Owners for the purpose of gaining access to such General Common Area to enjoy the use thereof to the extent authorized herein, (v) gaining access to the Limited Common Area in the course of maintenance, repair or replacement thereof and for the use of Owners for the purpose of gaining access to such Limited Common Area to enjoy the use thereof to the extent authorized herein or a Supplemental Declaration, and (vi) the installation by Declarant, the 19 maintenance by the Corporation or the applicable Supplemental Association and the use by the Owners, of the Paths and Path Lights to the extent authorized herein. 5. P.P.E. Plant Preservation Easements are created in order to conserve existing trees. Within the Plant Preservation Easements, established trees shall be conserved and shall not be removed except as is necessary (i) to clear underbrush and dead trees (ii) for the installation of access easements, rights -of -way, streets, paths, sidewalks, utilities and drainage improvement and infrastructure and (iii) for public health and safety as determined in cooperation with the City's Urban Forester. 6. N.A.E. Non- Access Easements are created to preclude access from certain Lots to abutting rights -of -way across the land subject to such easements. 7. U.R.D.E. Urbanized Regulated Drainage Easements are created for the purpose of identifying those drainage improvements that are specifically under the jurisdiction of the Drainage Board and subject to the Drainage Board's rules and regulations as amended from time to time. 8. T.A.E. Temporary Access Easements are created ly for the purpose of affording public access over temporary cul -de -sacs for dead end public streets that will be extended at some point in the future. Extension of the public street and elimination of the temporary cul -de -sac shall automatically terminate the subject temporary access easement. The Corporation may exercise each of the foregoing easements granted to it across the entire Property; provided, however, that the Corporation may not exercise any of the foregoing easements in. a manner that damages any existing Structures without the prior written consent of the Owner of the such Structure. Unless otherwise expressly provided herein or in a Supplemental Declaration or on a Plat, a Supplemental Association may only exercise each of the foregoing easements within the Parcel over which it has jurisdiction. All easements mentioned herein include the right of reasonable ingress and egress for the exercise of other rights reserved. All mains, ducts, pipes, wires, and other facilities permitted pursuant to any of the foregoing easements shall be underground, provided that the foregoing shall not prohibit underground utilities to be connected with utility tie -in locations above ground on exterior walls of the improvements to be constructed on a Lot immediately adjacent to the locations where such underground utilities penetrate the ground. No Structure, including fences, shall be built on any drainage, sewer or utility easement if such Structure would interfere with the utilization of such easement for the purpose intended or violate any applicable legal requirement or the terms and conditions of any easement specifically granted to a Person who is not an Owner by an instrument recorded in the Office of the Recorder of Hamilton County, Indiana. A paved driveway necessary to provide access to a Lot from a public street or Private Street and a sidewalk installed by or at the direction of Declarant (and replacements thereof) shall not be deemed a Structure for the purpose of this Restriction. (B) General Easement. There is hereby created a blanket easement over, across, through and under the Property for ingress, egress, installation, replacement, repair and maintenance of underground water, sewer, gas, telephone and electric lines and systems; provided, However, that no water, sewer, gas, telephone or electric lines and systems may be installed or relocated in a Parcel except as proposed and approved by Declarant prior to the Applicable Date or by the applicable Development Standards and Architectural Control Committee thereafter. By virtue of this easement it shall be expressly permissible for Declarant or the providing utility or service company to install and maintain facilities and equipment on the Property and to excavate for such purposes if Declarant or 20 such company restores the disturbed area as nearly as is practicable to the condition in which it was found. Should any utility furnishing a service covered by the general easement herein provided request a specific easement by separate recordable document, Declarant or the Corporate Board, in the case of General Common Area and Declarant or the Supplemental Board, in the case of Limited Common Area, shall have the right to grant such easement on the Property without conflicting with the terms hereof. This blanket easement shall in no way affect any other recorded easements on the Property, shall be limited to improvements as originally constructed, and shall not cover any portion of a Lot upon which a Unit, Apartment Building, or Multiuse Structure has been constructed or is proposed for construction (i) pursuant to a Lot Development Plan which has been approved by the applicable Development Standards and Architectural Control Committee or (ii) as otherwise permitted pursuant to this Declaration_ (C) Public Health and Safety Easements. An easement is hercby_created for the benefit of and granted to, all police, fire protection, ambulance, delivery vehicles, and all similar Persons to enter upon all General Common Area and all Limited Common Areas and Private Streets in the performance of their duties. (D) Crossing Underground Easements. Easement utilized for underground service may be crossed by driveways, walkways, Paths, Water Access Easements, General Common Area Access Easements and Limited Common Area Access Easements. Such easements as are actually utilized for underground service shall be kept clear of all other improvements, including buildings, decks, patios, or other pavings, other than crossings, driveways, walkways, Paths, Water Access Easements, General Common Area Access Easements or Limited Common Area Access Easements, and neither Declarant nor any utility company using the easements shall be liable for any damage done by either of them or their assigns, agents, employees, or servants to shrubbery, trees, flowers or other improvements of the Owner located on the land covered by said easements. (E) Declarant's Easement to Correct Drainage For a period of twenty -five (25) years from the date of conveyance of the .first Lot in a Parcel, Declarant reserves a blanket easement and right on, over and under the ground within that Parcel to maintain and to correct drainage of surface water in order to maintain reasonable standards of health, safety and appearance. Such right expressly includes the right to cut any frees, bushes or shrubbery, make any gradings of the soil, or to take any other similar action reasonably necessary, following which Declarant shall restore the affected property to its original condition as nearly as practicable. Declarant shall give reasonable notice of its intention to take such action to all affected Owners, unless in the opinion of Declarant an emergency exists which precludes such notice. The foregoing Easement to. Correct Drainage shall not be exercised in a manner that damages an existing Structure absent the written consent of the Owner of such Structure. (F) Water Retention. The Owner of each Lot, by acceptance of a deed thereto, consents to the temporary storage (detention) of storm water within the drainage easements (DE) on such Owner's Lot. (G) Damage. Any damage to a Lot or Unit caused by the exercise of any of the easement rights referred to in this Declaration shall promptly be repaired and restored to the condition existing prior to the exercise of such rights, by, and at the expense of, the Person exercising such rights. • (H) Connections Authorized. Each Owner upon whose Lot an easement exists hereby authorizes and grants an easement, to adjacent Owners, to tie -in to and connect with any such easements existing on such Owner's Lot. Section 20. Use of Lots durina.Development. (A) By Declarant. Notwithstanding any provisions to the contrary contained in this Declaration or in any other instrument or agreement, Declarant or its sales agents or contractors, or any Designated Builder, may maintain during the period of construction and 21 sale or rental of Lots and Units in the Property, upon such portion thereof as is owned or leased by Declarant, or any Designated Builder, such facilities as in the discretion of Declarant may be reasonably required, convenient or incidental to the construction, sale or rental of Lots and Units, including but without limiting the generality thereof a business office, storage area, construction yards, signs, model Units and sales or leasing offices. Declarant specifically reserves the right to maintain a sales office in, and make other use of, any building located within a Common Area during the period that it is engaged in the sale of Lots in the Legacy. (B) By Builders. Notwithstanding any provisions to the contrary contained in this Declaration, a builder who has constructed a Residential Unit in the Legacy may, with the prior consent of the Corporate Board, use such Residential Unit as a "model" home and may hold such home open to the public, either individually or as part of a "hone show" approved by the Corporate Board for such reasonable period as the Corporate Board may specify. With the approval of Declarant, and the consent of the Owner thereof, undeveloped Lots adjacent to or in proximity to such model home may be used for parking by visitors to such model home. Section 21. Enforcement. The Corporation, the applicable Supplemental Association (in the case of Limited Common Area, Limited Common Facilities or other rights provided for hereunder with respect to a Supplemental Association), any Owner or Declarant shall have the right to enforce, by proceeding at law or in equity all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration, but neither Declarant nor the Corporation or any Supplemental Association shall be liable for damage of any kind to any Person for failure either to abide by, enforce or carry out any of the Restrictions. No delay or failure by any Person to enforce any of the Restrictions or to invoke any available remedy with respect to a violation or violations thereof shall under any circumstances be deemed or held to be a waiver by that Person of the right to do so thereafter, or an estoppel of that Person to assert any right available to him upon the occurrence, recurrence or continuation of any violation or violations of the Restrictions. In any action to enforce this Declaration, the Person seeking enforcement shall be entitled to recover all costs of enforcement, including attorney's fees, if it substantially prevails in such action. Seetion 22. Limitations on Rights of the Corporation and Supplemental Association. Prior to the Applicable Date, neither the Corporation nor any Supplemental Association may use its resources or take a public position with respect to the Preliminary Plan of Development or to changes thereto proposed by Declarant Nothing in this Section shall be construed to limit the rights of the Owners acting as individuals or in affiliation with other Owners or groups as long as they do not employ the resources of the Corporation or a Supplemental Association or identify themselves as acting in the name, or on the behalf of the Corporation or a Supplemental Association. Section 23. Approvals by Declarant. Notwithstanding any other provisions hereof, prior to the Applicable Date, the following actions shall require the prior approval of Declarant: the addition of real estate to the Property; dedication or transfer of the General Common Area; mergers and consolidations of Parcels within the Property or of the Property with other real estate; mortgaging of the General Common Area; amendment of this Declaration or any Supplemental Declaration; changes in the basis for Assessment or the amount, use and time of payment of the Initial Assessment; the assumption of personal liability for payment of Assessments by any Supplemental Association pursuant to Section 15(A) of this Declaration; and the adoption or modification of the Legacy Building Guidelines. Notwithstanding any other provisions hereof, prior to the applicable Parcel Applicable Date, the fallowing actions shall require the prior approval of Declarant: the dedication or transfer any of the Limited Common Area mortgaging of any of the Limited Common Area; and the amendment of any Supplemental Declaration. Section 24. Mortes. (A) Notice to Corporation. Any Owner who places a first mortgage lien upon a Unit, Apartment Building or Multiuse Structure or the Mortgagee may notify the Secretary of the Corporate Board of such mortgage and provide the name and address of the iVlortgagee. A record of such Mortgagee's name and address shall be maintained by the Secretary and any notice required to be given to the Mortgagee pursuant to the terms of the Organizational Documents shall be deemed effectively given if mailed to such Mortgagee at 22 the address shown in such record in the time provided. Unless notification of any such mortgage and the name and address of Mortgagee are furnished to the Secretary, either by the Owner or the Mortgagee, no notice to any Mortgagee as may be otherwise required by the Organizational Documents shall be required and no Mortgagee shall be entitled to vote by virtue of the Organizational Documents or a proxy granted to such Mortgagee in connection with the mortgage. (B) Notices to Mortgagees. The Corporation may provide, to any Mortgagee of whom the Corporation has been provided notice under Section 24(A) above, notice of any of the following: 1. Any condemnation or casualty loss that affects a material portion of the General Common Area; 2. Any delinquency in the payment of any Assessment owed to the Corporation by the Owner of any Unit, Apartment Building or Multiuse Structure on which said Mortgagee holds a mortgage or any default by an Owner under -Oho Organizational Documents, if said delinquency or default continues for more than sixty (60) days; 3. Any lapse, cancellation or material modification of any insurance policy or fidelity bond maintained by the Corporation; 4. Any proposed action that requires the consent of a specified percentage of Mortgagees hereunder; and, 5. Any proposed amendment of the Organizational Documents effecting a change in (i) the interests in the General Common Area appertaining to any Lot or the liability for Maintenance Costs appertaining thereto, (ii) the vote appertaining to a Lot or (iii) the purposes for which any Lot or the General Common Area are restricted. (C) Notice of Unpaid Assessmepts. The Corporation shall, upon request of a Mortgagee, a proposed mortgagee, or a proposed purchaser who has a contractual right to purchase a Lot, furnish to such mortgagee or purchaser a statement setting forth the amount of the unpaid Assessments owed to the Corporation against the Lot and the Owners, and any Mortgagee or grantee of the Lot shall not be liable for, nor shall the Lot conveyed be subject to a lien for, any unpaid Assessments for periods prior to such statement in excess of the amount set forth in such statement. (D) Financial Statement. Upon the request of any Mortgagee, the Corporation shall provide to said Mortgagee the most recent financial statement prepared on behalf of the Corporation. (E) Payments by Mortgagees. Any mortgagee may (i) pay taxes or other charges that are in default and that may or have become a lieu upon the Common Area or any part thereof and (ii) pay overdue premiums on hazard insurance policies or secure new hazard insurance coverage for the Common Area in ease of a lapse of a policy. A Mortgagee making such payments shall be entitled to immediate reimbursement from the Corporation. Section 25. Amendments. (A) Generally. Subject to Sections 25(C) and 25(D), this Declaration may be amended at any time by an instrument signed by (i) the appropriate officers of the Corporation acting pursuant to the authority granted by not less than a majority of the votes of the Corporate Board cast at a meeting of the Corporate Board duly called for the purpose of amending this Declaration and (ii), to the extent required by Section 24, Declarant. 23 (B) By Declarant. Subject to Subsection 25(C) but without regard to Subsections 25(A) and 25(D), Declarant hereby reserves the right, prior to the Applicable Date to unilaterally amend and revise (i) the provisions, standards, covenants and restrictions contained in this Declaration and (ii) any and all exhibits attached to this Declaration including, without limitation, the Preliminary Plan of Development and the Valuation Table, unless the amendment of a particular provision of this Declaration is explicitly prohibited by this Deolaration. Such amendments shall be in writing, executed by Declarant, and recorded with the Recorder of Hamilton County, Indiana. (C) Approval by Zoning Authority. No amendment which would eliminate, waive or qualify a requirement set forth in this Declaration for the consent of or approval by the Zoning Authority shall be effective unless approved in writing by the Zoning Authority. (D) Class Approval. Subject to Section 25(13), the extent that such amendment affects Owners of Non - Residential Units, Apartment Buildings or Multiuse Structures (or any Units therein), there shall be no amendment of this Declaration which would limit or impair the rights granted herein or add to the burdens imposed by this Declaration. (E) Effective Date. Any amendment shall become effective upon its recordation in the Office of the Recorder of Hamilton County, Indiana. Section 26. Interpretation. The underlined titles preceding the various Sections and Sub- Sections of this Declaration are for convenience of reference only, and none of them shall be used as an aid to the construction of any provision 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 be taken to mean or apply to the feminine or to the neuter. Section 27. Duration. This Declaration and its covenants and restrictions are for the mutual benefit and protection of the present and future Owners, the Corporation, and Declarant, and shall run with the land and shall be binding on all parties and all Persons claiming under them until January 1, 2070, at which time said covenants and restrictions shall be automatically extended for successive periods of ten (l0) years, unless changed in whole or in part by vote of a majority of the members of the Corporate Board. Notwithstanding the foregoing, all easements created in this Declaration shall be perpetual to the fullest extent of the law, unless otherwise specifically stated herein. Section 28. Severability. Every one of the Restrictions is hereby declared to be independent of, and severable from, the rest of the Restrictions and of and from every one of the Restrictions, and of and from every combination of the Restrictions. Therefore, if any of the Restrictions shall be held to be invalid or to be unenforceable, or to lack the quality of running with the Iand, that holding shall be without effect upon the validity, enforceability or "running" quality of any other one of the Restrictions. Section 29. Non - Liability of Declaraant. Declarant shall not have any liability to an Owner, Occupant or any other Person with respect to drainage on, over or under a Lot or erosion of a Lot. Such drainage and erosion control shall be the responsibility of the Owner of the Lot upon which a Unit, Apartment Building, or Multiuse Structure is constructed and of the builder of such Unit, Apartment Building or Multiuse Structure and an Owner, by acceptance of a deed to a Lot, shall be deemed to agree to indemnify and hold Declarant free and harmless from and against any and all liability arising from, related to, or in connection with the erosion of or drainage on, over and under the Lot described in such deed. Declarant shall have no duties, obligations or Iiabilities hereunder except such as are expressly assumed by Declarant, and no duty of, or warranty by, Declarant shall be implied or be inferred from any term or provision of this Declaration. Section 30. Compliance with the Soil Erosion Control Plan. (A) The Plam Declarant has established and implemented an erosion control plan pursuant to the requirements and conditions of Rule 5 of 327 IAC 15, Storm Water Run -off Associated with construction activity. In connection with any construction activity on a Lot by an Owner, its contractor or the subcontractors of either, Owner shall take or cause to be taken all erosion control measures contained in such plan as the plan applies to 24 "land disturbing activity" undertaken on a Lot and shall comply with the terms of Declarant's general permit under Rule 5 as well as all other applicable state, county or local erosion control authorities. All erosion control measures shall be performed by personnel trained in erosion control and shall meet the design criteria, standards, and specifications for erosion control measures established by the Indiana Department of Environmental Management in guidance documents similar to, or as effective as, those outlined in the Indiana Handbook for Erosion Control in Developing Areas from the Division of Soil Conservation, Indiana Department of Natural Resources. (13) Maintenance. Declarant has established an Operation. and Maintenance Plan defining the responsibilities of the Declarant for operating and maintaining the stormwater Best Management Practices. ("BMP's ") in accordance with the Stormwater Pollution Prevention Plan on file with the City of Carmel. The Corporation shall execute such Operation and Maintenance plan including but not limited to the completion of replier inspections, inspections following periods of heavy rainfall, submission of inspection reports to the City of Carmel, and repairs as identified by inspections. (C) Indemnity. The Owner of each Lot shall indemnify and hold Declarant harmless from and against all liability, damage, loss, claims, demands and action of any nature whatsoever which may arise out of or are connected with, or are claimed to arise out of or be connected with, any work done by such Owner, its contractors and their respective employees, agents, or subcontractors which is not in compliance with the erosion control plan implemented by the Declarant. Section 31. Exclusive Builders. Declarant reserves the absolute right prior to the Applicable Date to restrict construction of Residential Units in the Legacy to builders who have been approved by Declarant, which approval shall be granted or withheld in the absolute discretion of Declarant. Notwithstanding the purchase of a Lot by an Owner, such Owner may not cause or authorize any Person to construct a Residential Unit on the Lot other than a builder who has been approved in writing by Declarant. Section 32 Right to Develop. Every Person acquiring any interest in The Legacy acknowledges that (i) The Legacy is a master planned community, the development of which is likely to extend over many years, (ii) The Legacy is a mixed -use community which will comprise a diversity of uses including, without Iimitation, detached single family residential, attached residential, apartments, assisted living and continuing care facilities and commercial retail and office development, along with lighting, sound, and intensity occasioned by commercial development. Every person acquiring an interest in The Legacy agrees not to protest, challenge, or otherwise object to (i) changes in uses or density of property outside or within the Parcel in which such Person holds an interest; or (ii) changes in the Preliminary Plan of Development, or (iii) the intensity, sound, acid lighting occasioned by any development allowed by the Zoning Ordinance. Section 33. Exclusive Rights to Use Name of Development. No Person shall use the name "The Legacy" or any derivative of such name or in logo or depiction in any printed or promotional material without Declarant's prior written consent. However, Owners may use the name "The Legacy" in printed or promotional matter where such term is used ly to specify that particular property is located within The Legacy and the Corporation and any Supplemental Association shall be entitled to use the words "The Legacy" in its name. Section 34. Right to Approve Additional Covenants. Prior to the Applicable Date, no Person shall record any declaration of covenants, conditions and restrictions, Declaration of Condominium, or similar instrument affecting any portion of the Property without Declarant's review and written consent. Any attempted recordation without such consent shall result in such instrument being void and of no force and effect unless subsequently approved by written consent signed and recorded by Declarant. Section 35. Perpetuities. If any of the covenants, conditions, restrictions, or other provisions of this Declaration shall be unlawful, void, or voidable for violation of the rule against perpetuities, then such provisions shall continue only until twenty -one (21) years after the death of the last survivor of the now living descendants of George Herbert Walker Bush, former President of the United States of America. Section 36. Mechanic's Liens. Each Owner agrees that in the event any mechanic's lien or other statutory lien shall be filed against its Lot, any other Lot or any Common Area by reason of work, labor, 25 services or materials supplied to or at the request of such Owner pursuant to any construction on its Lot, or at the request of the Owner or an Occupant of the Lot pursuant to any construction by said Owner or Occupant, it shall pay and discharge the same of record within thirty (30) days after the filing thereof, subject to the provisions of the following sentence. Each Owner shall have the right to contest the validity, amount or applicability of such liens by appropriate legal proceedings, and, so long as it shall furnish such bond or provide such indemnification as is hereinafter provided and be prosecuting such contest in good faith, the requirement that it pay and discharge such liens within said thirty (30) days shall not be applicable; provided, however, that in any event such Owner shall, within thirty (30) days after the filing thereof, bond or indemnify against such liens in amount and in form satisfactory to induce the title insurance company which insured title to the respective parcel, to insure over such liens or to reissue and update its existing policy, binder or commitment without showing title exception by reason of such liens, and shall indemnify and save harmless Declarant, the other Owners, the Corporation and the applicable Supplemental Association, if any, from all loss damage, liability, expense or claim. whatsoever (including reasonable attorney's fees and other costs of defending against the foregoing) resulting from the assertion of any such liens. In the event such legal proceeding shall be finally concluded (so that no further appeal may be taken adversely to the Owner contesting such liens) such Owner shall, within ten (10) days thereafter, cause the liens to be discharged of record. Section 37. Tax Abatement. So long as Declarant, or any of their respective affiliates, successors or assigns are liable, directly or indirectly, for the repayment or guaranty of any outstanding bonds or lease rental obligations that have been issued or incurred by Hamilton County, Indiana, the City of Carmel's Redevelopment Commission or the Hamilton County Redevelopment Commission and secured by tax increment revenues pledged pursuant to IC 36-7-14-39 or any successor provision thereto, no Owner or Occupant may seeks or claim a deduction from assessed value (commonly known as property tax abatement) for any real or personal property of such Owner or Occupant under IC 6 -1.1 -12.1 or any successor provision thereto ("Tax Abatement"). It shall be the responsibility of the Owner or Occupant to inquire in writing with Declarant as to whether any such liability exists prior to seeking Tax Abatement. Declarant's address for such inquiry is: East Carmel, LLC, an Indiana limited liability company, 9757 Westpoint Drive, Suite 600, Indianapolis, IN 46256, Attn: Steven R. Edwards - The Legacy. IN TESTIMONY WHEREOF, Declarant has executed this Declaration as of the date set forth above. EAST CARMEL, LLC, an Indiana limited liability company, Hy: Platinum Properties, LLC, an Indiana limited liability company, Member By Steven R. Edwards, Vice President and Chief Financial Officer 26 49.141, WILLIAM B. 01.SEN ""' :• County MyCommission>< ines AMP - -- - -- thine 00,2016 STATE OF INDIANA ) ) SS: COUNTY OP HAMILTON ) 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, who acknowledged the execution of the foregoing "Master Declaration of Covenants and Restrictions of The Legacy" on behalf of Platinum Properties, LLC as a member of East Carmel, LLC. WITNESS my hand and Notarial S sT Arfilie mi«ij fi l`J'Cbase.„ , 2008. My Commission Expires: (Printed Signature) My County of Residence: This instrument prepared by, and after recording, return to: Charles D. Frankenberger, NELSON & FRANKENBERGER, 3105 E. 98`x' Street, Suite 170, Indianapolis, IN 46280 Pursuant to IC 36- 2- 11(b)(2), I affirm under the penalties for perjury, that 1 have taken reasonable care to redact each Social Security number in this document, unless required by law — Charles D. Frankenberger. 27 EXHIBIT "A" Page 1 of 4 THE RIDGE AT LEGACY A part of the East Half of the Northeast Quarter of Section 22 and part of the Northwest Quarter of Section 23, Township 18 North, Range 4 East of the 211 Principal Meridian, Clay Township, Hamilton County, Indiana, more particularly described as follows: Commencing at the Northwest corner of said Northeast Quarter Section, said corner being marked by a Harrison Monument; thence North 89 degrees 34 minutes 25 seconds East along the North line of said Quarter Section a distance of 1,316.91 feet to the Northwest corner of the East Half of said Quarter Section; thence South 00 degrees 03 minutes 48 seconds East along the West line of said Half Quarter Section a distance of 58.60 feet to a 5/8" rebar with cap stamped "S & A Firm #0008" (hereafter referred to as a S & A rebar) on the southerly right-of-way of 146th Street and the POINT OF BEGINNING of this description; thence along the said rift - of-way by the next fifteen courses; 1) South 89 degrees 46 minutes 32 seconds East 117.55 feet to as a S & A rebar; 2) South 88 degrees 35 minutes 16 seconds East 12.24 feet to as a S & A rebar; 3) South 88 degrees 42 minutes 45 seconds East 20.41 feet to as a 5 & A rebar; 4) South 88 degrees 44 minutes 17 seconds East 56.52 feet to as a S & A rebar; 5) South 88 degrees 23 minutes 04 seconds East 15.80 feet to as a 5 & A rebar; 6) South 84 degrees 48 minutes 27 seconds East 173.52 feet to as a S & A rebar; 7) South 88 degrees 44 minutes 54 seconds East 171.13 feet to as a S & A rebar; 8) South 86 degrees 51 minutes 09 seconds East 45.84 feet to as a S & A rebar; 9) South 87 degrees 55 minutes 37 seconds East 99.38 feet to as a 5 & A rebar; 10) South 88 degrees 29 minutes 08 seconds East 77.44 feet to as a 5 & A rebar; 11) South 89 degrees 33 minutes 55 seconds East 140.45 feet to as a S & A rebar; 12) North 89 degrees 52 minutes 26 seconds East 274.73 feet to as a 5 & A rebar; 13) North 89 degrees 58 minutes 25 seconds East 135.72 feet to as a 5 & A rebar; 14) South 89 degrees 22 minutes 08 seconds East 103.23 feet to as a S & A rebar; 15) South 83 degrees 58 minutes 30 seconds East 54.30 feet to as a S & A rebar; thence South 00 degrees 00 minutes 00 seconds East 515.54 feet to as a S & A rebar; thence South 18 degrees 26 minutes 06 seconds West 316.23 feet to as a S & A rebar; thence South 00 degrees 00 minutes 00 seconds East 535.79 feet to as a S & A rebar; thence South 39 degrees 34 minutes 22 seconds West 83.20 feet to as a 5 & A rebar; thence South 00 degrees 00 minutes 00 seconds East 540.50 feet to as a S & A rebar; thence South 90 degrees 00 minutes 00 seconds West 167.00 feet to as a S & A rebar; thence South 00 degrees 00 minutes 00 seconds East 285.00 feet to as a 5 & A rebar; thence South 90 degrees 00 minutes 00 seconds West 783.98 feet to as a S & A rebar and the point of curvature of a curve concave southerly, the radius point of said curve being South 00 degrees 00 minutes 00 seconds West 427.00 feet from said point; thence westerly along said curve 283.00 feet to as a S & A rebar and the point of tangency of said curve, said point being North 37 degrees 58 minutes 26 seconds West 427.00 feet from the radius point of said curve; thence South 52 degrees 01 minutes 34 seconds West 119.99 feet to as a S & A rebar; thence South 37 degrees 58 minutes 26 seconds East 19.23 feet to as a 5 & A rebar; thence South 52 degrees 01 minutes 34 seconds West 56.82 feet to as a S & A rebar on the West line of said Half Quarter Section; thence North 00 degrees 03 minutes 48 seconds West along said West lime 2,493.06 feet to the place of beginning, containing 72.322 acres, more or less. EXHIBIT "A" Page 2 of 4 PARKVIEW AT LEGACY A part of the Northwest and Northeast Quarter Sections of Section 23, Township 18 North, Range 4 East, Clay Township, Hamilton County, Indiana, more particularly described as follows: Commencing at the Northeast corner of the Northwest Quarter of said Section 23; thence North 89 degrees 03 minutes 27 seconds West along the North line of said Quarter Section a distance of 624.85 feet; thence South 00 degrees 56 minutes 33 seconds West perpendicular to said North line 94.18 feet to the North line of real estate described in -instrument Number 2007043398 in the Office of the Recorder of Hamilton County, Indiana, said point also being on the easterly right of way line of Community Drive; thence along said easterly right of way line by the following eleven (11) calls; (1) South 00 degrees 00 minutes 00 seconds East 220.22 feet to the point of curvature of a curve concave westerly, the radius point of said curve being North 90 degrees 00 minutes 00 seconds West 544.50 feet from said point; (2) southerly along said curve 41.41 feet to the point of tangency of said curve, said point being South 85 degrees 38 minutes 33 seconds East 544.50 feet from the radius point of said curve; (3) South 04 degrees 21 minutes 27 seconds West 242.38 feet to the point of curvature of a curve concave easterly, the radius point of said curve being South 85 degrees 38 minutes 33 seconds East 455.50 feet from said point; (4) southerly along said curve 34.64 feet to the point of tangency of said curve, said point being North 90. degrees 00 minutes 00 seconds West 455.50 feet from the radius point of said curve; (5) South 00 degrees 00 minutes 00 seconds East 88.34 feet to the point of curvature of a curve concave easterly, the radius point of said curve being South 90 degrees 00 minutes 00 seconds East 455.50 feet from said paint; (6) southerly along said curve 24.51 feet to the point of tangency of said curve, said point being South 86 degrees 55 minutes 01 seconds West 455.50 feet from the radius point of said curve; (7) South 03 degrees 04 minutes 59 seconds East 480.79 feet to the point of curvature of a curve concave westerly, the radius point of said curve being South 86 degrees 55 minutes 01 seconds West 544.50 feet from said point; (8) southerly along said curve 29.30 feet to the point of tangency of said curve, said point being South 90 degrees 00 minutes 00 seconds East 544.50 feet from the radius point of said curve; (9) South 00 degrees 00 minutes 00 seconds East 13.14 feet; (10) South 45 degrees 00 minutes 00 seconds West 28.99 feet; (11) South 00 degrees 00 minutes 00 seconds East 690.4 feet to the POINT OF BEGINNING of this description; thence North 90 degrees 00 minutes 00 seconds East 210.35 feet; thence North 00 degrees 00 minutes 00 seconds East 113.40 feet; thence South 90 degrees 00 mutes 00 seconds East 172.00 feet; thence South 00 degrees 00 minutes 00 seconds East 78.70 feet; thence South 90 degrees 00 minutes 00 seconds East 138.69 feet; thence South 00 degrees 00 minutes 00 seconds East 207.30 feet; thence South 90 degrees 00 minutes 00 seconds East 270.72 feet; thence South 00 degrees 00 minutes 00 seconds East 36.00 feet; thence South 90 degrees 00 minutes 00 seconds East 27.00 feet; thence South 00 degrees 00 minutes 00 seconds East 119.00 feet to the northerly right of way line of Cherry Creek Boulevard; thence along said northerly right of way line by the following three (3) calls; (1) North 90 degrees 00 minutes 00 seconds West 427.30 feet to the point of curvature of a curve concave southerly, the radius point of said curve being South 00 degrees 00 minutes 00 seconds East 1,575.00 EXHIBIT "A" Page 3 of 4 feet from said point; (2) westerly along said curve 234.57 feet to the point of tangency of said curve, said point being North 08 degrees 32 minutes 00 seconds West 1,575.00 feet from the radius point of said curve, said point also being a point on a curve concave northerly, the radius point of said curve being North 08 degrees 32 minutes 00 seconds West 75.00 feet from said point; (3) westerly along said curve 2.43 feet to the point of tangency of said curve, said point being South 06 degrees 40 minutes 44 seconds East 75.00 feet from the radius point of said curve, said point also being on the northerly right of way line of Community Drive; thence along said northerly and easterly right of way Lines of Community Drive by the following rive (5) calls; (1) continuing westerly along said curve 57.06 feet to the point of tangency of said curve, said paint being South 36 degrees 54 minutes 55 seconds West 75.00 feet from the radius point of said curve; (2) North 53 degrees 05 minutes 05 seconds West 54.83 feet to a point on a curve concave northeasterly, the radius point of said curve being North 36 degrees 54 minutes 54 seconds East 144.00 feet from said point; (3) northwesterly along said curve 125.16 feet to the point of tangency of said curve, said point being South 86 degrees 42 minutes 56 seconds West 144.00 feet from the radius point of said curve, said point also being the point of curvature of a curve concave easterly, the radius point of said curve being North 86 degrees 42 minutes 56 seconds East 289.00 feet from said point; (4) northerly along said curve 16.57 feet to the point of tangency of said curve, said point being North 90 degrees 00 minutes 00 seconds West 289.00 feet from the radius point of said curve; (5) North 00 degrees 00 minutes 00 seconds West 17446 feet to the place of beginning, containing 5.464 acres, more or less, subject to all legal highways, rights -of -ways, easements, and restrictions of record. EXHIBIT "A" Page 4 of 4 THE LEGACY TOWNS AND FLATS A part of Section 23, Township 18 North, Range 4 East of the 2nd Principal Meridian, Clay Township, Hamilton County, Indiana described more particularly as follows: Commencing at the Northwest Corner of the Northeast Quarter of said Section 23 being marked by a Harrison monument; thence South 89 degrees 15 minutes 40 seconds East along the North line of said Quarter Section a distance of 291.35 feet; thence South 00 degrees 44 minutes 20 seconds West, perpendicular to said North line, a distance of 426.88 feet to a 5/8" rebar with cap stamped "S & A Firm #0008" (hereafter referred to as a S & A rebar) and the POINT OF BEGINNING of the following description; thence South 04 degrees 48 minutes 02 seconds West 196.10 feet to a S & A rebar; thence South 15 degrees 34 minutes 41 seconds West 112.29 feet to a S & A rebar; thence South 47 degrees 16 minutes 03 seconds West 165.92 feet to a S & A rebar; thence South 38 degrees 32 minutes 50 seconds West 152.74 feet to a S & A rebar; thence South 33 degrees 40 minutes 01 seconds West 82.68 feet to a S & A rebar; thence South 00 degrees 09 minutes 59 seconds West 76.50 feet to a S & A rebar; thence South 38 degrees 41 minutes 04 seconds West 136.39 feet to a S & A rebar; thence South 67 degrees 30 minutes 02 seconds West 85.08 feet to a S & A rebar; thence North 85 degrees 34 minutes 55 seconds West 33.06 feet to a S & A rebar; thence North 60 degrees 37 minutes 33 seconds West 61.76 feet to a S & A rebar; thence North 78 degrees 03 minutes 00 seconds West 39.88 feet to a S & A rebar; thence South 89 degrees 56 minutes 56 seconds West 42.30 feet to a S & A rebar; thence South 89 degrees 59 minutes 23 seconds West 265.57 feet to a S & A rebar; thence North 03 degrees 04 minutes 59 seconds West 475.72 feet to a S & A rebar and the point of curvature of a curve concave easterly, the radius point of said curve being North 86 degrees 55 minutes 01 seconds East 455.50 feet from said point; thence northerly along said curve 24.51 feet to a S & A rebar and the point of tangency of said curve, said point being North 90 degrees 00 minutes 00 seconds West 455.50 feet from the radius point of said curve; thence North 00 degrees 00 minutes 00 seconds West 88.34 feet to a S & A rebar and the point of curvature of a curve concave easterly, the radius point of said curve being South 90 degrees 00 minutes 00 seconds East 455.50 feet from said point; thence northerly along said curve 10.52 feet to a S & A rebar and the point of tangency of said curve, said point being North 88 degrees 40 minutes 38 seconds West 455.50 feet from the radius point of said curve; thence South 89 degrees 57 minutes 01 seconds East 73.57 feet to a S & A rebar; thence North 88 degrees 00 minutes 00 seconds East 125.78 feet to a S & A rebar; thence North 04 degrees 21 minutes 27 seconds East 176.84 feet to a S & A rebar; thence North 90 degrees 00 minutes 00 seconds East 720.62 feet to the place of beginning, containing 13.040 acres, more or less. EXHIBIT "B" Page 1 of 2 THE LEGACY (413 Acres) A part of Sections 22 and 23, Township 18 North, Range 4 East of the 2nd Principal Meridian, Clay Township, Hamilton County, Indiana described more particularly as follows: Commencing at the Northeast Corner of said Section 23; thence North 89 degrees 15 minutes 40 seconds West along the North line of the Northeast Quarter of said Section 23 a distance of 337.40 feet; thence South 20 degrees 07 minutes 12 seconds West a distance of 149.74 feet to the POINT OF BEGINNING of this description; thence South 20 degrees 07 minutes 21 seconds West 92.91 feet; thence South 69 degrees 52 minutes 38 seconds East 16.50 feet; thence South 00 degrees 07 minutes 41 seconds West 195.81 feet to the point of curvature of a curve concave westerly, the radius point of said curve being North 89 degrees 52 minutes 19 seconds West 688.98 feet from said point; thence southerly along said curve 426.40 feet to the point of tangency of said curve, said point being South 54 degrees 24 minutes 43 seconds East 688.98 feet from the radius point of said curve; thence South 35 degrees 35 minutes 17 seconds West 313.27 feet; thence North 69 degrees 52 minutes 38 seconds West 16.50 feet; thence South 20 degrees 07 minutes 28 seconds West 119.41 feet; thence North 69 degrees 52 minutes 38 seconds West 16.50 feet to a point on a curve concave southeasterly, the radius point of said curve being South 54 degrees 49 minutes 01 seconds East 1,574.80 feet from said point; thence southwesterly along said curve 367.82 feet to the point of tangency of said curve, said point being North 68 degrees 11 minutes 57 seconds West 1,574.80 feet from the radius point of said curve; thence South 21 degrees 48 minutes 03 seconds West 191.51 feet; thence South 15 degrees 18 minutes 16 seconds East 82.28 feet; thence South 68 degrees 12 minutes 11 seconds East 16.50 feet; thence South 21 degrees 14 minutes 47 seconds West 243.57 feet; thence South 21 degrees 20 minutes 03 seconds West 151.74 feet; thence South 23 degrees 01 minutes 40 seconds West 99.76 feet; thence South 24 degrees 29 minutes 46 seconds West 51.87 feet to a point on a curve concave northwesterly, the radius point of said curve being North 66 degrees 03 minutes 44 seconds West 397.42 feet from said point; thence southwesterly along said curve 191.02 feet to the point of tangency of said curve, said point being South 38 degrees 31 minutes 23 seconds East 397.42 feet from the radius point of said curve; thence South 52 degrees 56 minutes 19 seconds West 64.43 feet; thence South 56 degrees 48 minutes 58 seconds West 84.84 feet; thence South 58 degrees 29 minutes 55 seconds West 204.22 feet; thence South 59 degrees 38 minutes 13 seconds West 213.74 feet; thence South 59 degrees 38 minutes 43 seconds West 416.86 feet; thence South 59 degrees 26 minutes 13 seconds West 210.95 feet; thence South 59 degrees 08 minutes 15 seconds West 205.20 feet to a point on a curve concave southeasterly, the radius point of said curve being South 29 degrees 09 minutes 29 seconds East 1,427.15 feet from said point; thence south-westerly along said curve 338.21 feet to the point of tangency of said curve, said point being North 42 degrees 1'1 minutes 11 seconds West 1,427.15 feet from the radius point of said curve; thence South 47 degrees 13 minutes 52 seconds West 257.68 feet; thence South. 47 degrees 01 minutes 38 seconds West 316.41 feet; thence South 46 degrees 58 minutes 46 seconds West 613.46 feet to the point of curvature of a curve concave southeasterly, the radius point of said curve being South 43 degrees 01 minutes 14 seconds East 1,232.86 EXHIBIT "8" PAGE 2 of 2 feet from said point; thence southwesterly along said curve 153.01 feet to the point of tangency of said curve, said point being North 50 degrees 07 minutes 53 seconds West 1,232.86 feet from the radius point of said curve; thence North 00 degrees 53 minutes 16 seconds West 78.51 feet to a point on a curve concave southeasterly, the radius point of said curve being South 47 degrees 28 minutes 47 seconds East 1,285.49 feet from said point; thence northeasterly along said curve 100.05 feet to the point of tangency of said curve, said point being North 43 degrees 01 minutes 14 seconds West 1,285.49 feet from the radius point of said curve; thence North 46 degrees 58 minutes 46 seconds East 613.46 feet; thence North 89 degrees 45 minutes 37 seconds West 2,114.73 feet; thence North 00 degrees 18 minutes 08 seconds East 1,112.61 feet; thence South 89 degrees 37 minutes 04 seconds West 1,31 9.56 feet; thence North 00 degrees 03 minutes 48 seconds West 2,594.22 feet; thence South 89 degrees 46 minutes 32 seconds East 117.55 feet; thence South 88 degrees 35 minutes 16 seconds East 12.24 feet; thence South 88 degrees 42 minutes 45 seconds East 20.41 feet; thence South 88 degrees 44 minutes 17 seconds East 56.52 feet; thence South 88 degrees 23 minutes 04 seconds East 15.80 feet; thence South 84 degrees 48 minutes 27 seconds East 173.52 feet; thence South 88 degrees 44 minutes 54 seconds East 171.13 feet; thence South 86 degrees 51 minutes 09 seconds East 45.84 feet; thence South 87 degrees 55 minutes 37 seconds East 99.38 feet; thence South 88 degrees 29 minutes 08 seconds East 77.44 feet; thence South 89 degrees 33 minutes 55 seconds East 140.45 feet; thence North 89 degrees 52 minutes 26 seconds East 274.73 feet; thence North 89 degrees 58 minutes 25 seconds East 135.72 feet; thence South 89 degrees 22 minutes 08 seconds East 103.23 feet; thence South. 83 degrees 58 minutes 30 seconds East 54.30 feet; thence continuing South 83 degrees 58 minutes 30 seconds East along said line, a distance of 34.16 feet; thence North 87 degrees 45 minutes 46 seconds East 158.43 feet; thence South 89 degrees 43 minutes 10 seconds East 92.23 feet; thence South 89 degrees 23 minutes 28 seconds East 292.56 feet; thence South 89 degrees 24 minutes 13 seconds East 413.19 feet; thence South 89 degrees 24 minutes 11 seconds East 149.00 feet; thence South 89 degrees 33 minutes 13 seconds East 325.45 feet; thence South 89 degrees 22 minutes 30 seconds East 12.90 feet; thence South 88 degrees 10 minutes 19 seconds East 458.39 feet; thence South 85 degrees 17 minutes 03 seconds East 696.40 feet; thence South 89 degrees 15 minutes 53 seconds East 1,691.18 feet; thence continuing South 89 degrees 15 minutes 53 seconds East along said line, a distance of 470.49 feet to the place of beginning, containing 413.165 acres, more or less, subject to all legal highways, rights-of-ways, easements, and restrictions of record. Excepting therefrom the Real Estate described in what is attached to and made a part of this Master Declaration of Covenants and Restrictions of The Legacy as Exhibit `A "_ MASTER DECLARATION OF COVENANTS AND RESTRICTIONS 01? THE LEGACY EXH BIT C DEFINITIONS "Additional Real Estate" means the real estate located in Hamilton County, Indiana and particularly described in what is attached hereto and incorporated herein by reference as Exhibit B, along with all real estate contiguous therewith. "Amenity Areas" paeans a Limited Common Area, designated by Declarant and upon which the Declarant constructs improvements which, in the Declarant's discretion, may include, without limitation, swimming pools, bath houses, sports fields, tennis courts, playgrounds, and other improvements. "Apartment Building" means a Structure with two or more Residential Units under one roof except when such Residential Units are situated upon their own individual Lots, are Condominiums or are located in a Multiuse Structure. By way of example, The Legacy Towns and Flats contains Apartment Buildings. "Applicable Date" means the date that Declarant has voluntarily relinquished its rights as the Declarant under this Declaration (hut not such earlier date as Declarant may voluntarily relinquish its rights as Declarant under a Supplemental Declaration), as established in a written notice to the Corporation. The document by which Declarant establishes the Applicable Date may allow Declarant to reserve the right to require Declarant's prior written approval of certain actions by the Corporation. "Applicable Supplemental Association" or words to similar effect means the Supplemental Association that pursuant to a Plat, Supplemental Declaration or a Development Instr €anent has jurisdiction of a particular Parcel or Limited Common Area "Assessments" means all sums assessed against the Owners or as declared by this Declaration, any Supplemental Declaration, the Corporate Articles or the Corporate By -Laws or the articles of incorporation or by -laws of a Supplemental Association. "Assigned Votes" means the votes which the Declarant assigns to each Supplemental Board and which are cast by the members of each Supplemental Board at each election of the members of the Master Board, occurring subsequent to the Applicable Date, in the manner specified in the Corporate Articles and Corporate Bylaws. The Assigned Votes shall be as specified in the Valuation Table and/or a Supplemental Declaration, as the same may be amended from time to time by the Declarant or the Master Board in their discretion. "Building Activity" means any improvement, alterations, repairs, change of colors, excavations, changes in grade, planting, installation or modification of signage or other work that in any way alters any Lot or the exterior of the improvements and any Structure located thereon from its natural or improved state. "Capital Assessment" means an Assessment made pursuant to Section 15(E) of the Declaration. "Cherry Creek Boulevard" means what is identified on the Preliminary Plan of Development as "Cherry Creek Boulevard". "City" means the City of Carmel, Indiana. "Common Area" means any General Common Area and any Limited Common Area. "Common Facilities" means any General Common Facilities and any Limited Common Facilities. "Common Lighting" means the light standards, wiring, bulbs and other appurtenances, if any, installed to illuminate the General Common Area or Limited Common Area, as the case may be, or the public and private ways in The Legacy exclusive of the Path Lights. "Community Drive" means what is identified on. the Preliminary Plan of Development as "Community Drive ". "Condominium" means a condominium, established per the terms of a Declaration, pursuant to and as defined in IC 32- 25 -1 -1 et. seq., as amended. "Condominium Association" means an "association of co- owners" as that term is defined in IC 32- 25 -1 -1 et. seq., as amended. "Corporate Articles" means the Articles of Incorporation of the Corporation, as amended from time to time. "Corporate Board" means the Board of Directors of the Corporation. "Corporate By- Laws" means the Code of By -Laws of the Corporation, as amended from tiine to time. "Corporate Obligations" means, collectively, the cost as determined by the Corporate Board in its discretion of (i) the improvement, maintenance, repair, replacement and operation of the General Common Area and the General Common Facilities, (11) insurance required by this Declaration to be maintained by the Declarant, (iii) maintenance of the Drainage Facilities, (iv) services to remove snow, from Cherry Creek Boulevard and Community Drive, in frequencies determined by the Corporate Board and the Declarant, (v) maintaining Site Furniture and Facilities, Entry Ways, Street Trees, street lights, signs, turf, bicycle parking, walls and fences located within Cherry Creek Boulevard and that portion of Community Drive South of the Integrity Mali and (vii) all other obligations of the Corporation which are specified in this Declaration. "Corporation" means The Legacy Governing Association, Inc., an Indiana nonprofit corporation, its successors and assigns. "Corporation's Annual Budget" means the costs, as determined by the Corporation's Board, in its discretion, of fulfilling the Corporation's Obligations on an annual basis. "Corporation's Annual Operating Deficit" means the cost of satisfying the Corporate Obligations, on an annual basis, as deterinincd by the Corporate Board, less all of the total General Assessment owed by all Owners other than the Declarant and Designated Builders, for the subject year. "Declarant" means East Carmel, LLC, au Indiana limited liability company, and its successors and assigns to interest in the Property other than any Owners purchasing Lots or Units by deed from Declarant (unless the conveyance indicated an intent that the grantee assume the rights and obligations of Declarant). "Declaration of Condominium" means a "declaration" as defined in IC 32- 25 -1 -1, et seq., as amended. "Development Standards and Architectural Control Committee" means an entity established pursuant to a Supplemental Declaration for the purposes therein stated, and "applicable Development Standards and Architectural Control Committee" means the Development Standards and Architectural Control Committee for the Parcel subject to such Supplemental Declaration. "Designated Builder" means for such period as designated in writing by Declarant may continue, any Person engaged in the construction of more than one (1) Unit on the Property who is designated in writing by Declarant as a "Designated Builder". "Development Instnun.ent" means any other recorded instrument applicable to the Property prepared by Declarant in addition to this Declaration, a Supplemental Declaration or a Plat " District" means the Legacy Planned Unit Development District established by the Zoning Ordinance as it exists and may be amended, from time to time. The District shall include, without limitation, the real estate legally described in what is attached hereto and incorporated herein by reference as Exhibit A and Exhibit B. "Drainage Board" means the Hamilton County Drainage Board, its successors or assigns, or the City of Carmel Department of Public Works, its successors and assigns. "Drainage System" means the open drainage ditches and swales, the subsurface drainage tiles, bioswales, pipes and structures, the dry and wet retention and/or detention ponds (including the Ponds), and the other Structures, fixtures, properties, equipment and facilities located in the Property, and designated for the purpose of controlling, retaining or expediting the drainage of surface and subsurface waters from, over and across the Property, including but not limited to those shown or referred to on a Plat, all or part of which may be established as legal drains subject to the jurisdiction of the Drainage Board. "Education Facility" means any facility or area Located in a General Common Area owned or leased by a public or private educational institution or its successor in title, which is used principally for education purposes. "Entry Ways" means the Structures, including monuments and signs, constructed as an entrance to The Legacy or a part thereof (exclusive of the street pavement, curbs, and drainage Structures and tiles), the traffic islands depicted as a Common Area on a Plat and any other traffic islands dividing a roadway providing access to The Legacy or a part thereof, and the grassy area surrounding such Structures. "General Assessment" means an Assessment made pursuant to Section 15(B) of the Declaration. "General Common Area" means (i) areas of land that are designated as General Common Area on any Plat or in this Declaration or any Development Instrument, and all improvements located within any such General Common Area, and (ii) other areas of land that are conveyed to or acquired by the Corporation, and its successors and assigns, together with all improvements thereto, all utility service lines or facilities located therein not maintained by a public utility company or governmental agency and all General Cortunon Facilities located therein or used in connection therewith. "General Common Area Access Easement" means the area designated on a Plat as a means of access to a General Common Area or Shared Parlcing Lot. "General Common Facilities" means (i) all improvements which are located in the General Common Areas, including, without limitation, all Paths, Common Lighting, Ponds, Site Furniture and Fixtures, bicycle racks, walls, fences, signs and landscaping, (ii) the Drainage System, and (iii) the Site Furniture and Facilities, the Drainage System, Entry Ways, Street Trees, street lights, signs, turf, bicycle racks, walls and fences and any and all infrastructure not maintained by the City per the City of Carmel Property Maintenance Code, as amended which are located within (x) Cherry Creek Boulevard and that portion of Community Drive south of the Integrity Mali or (y) that portion of the public right -of -way which is immediately adjacent to a General Common Area. "Initial Assessment" means the Initial Assessment required by Section 15(C) of the Declaration. "Integrity Mall" means the pedestrian path that is identified on the Preliminary Plan of Development as the "Integrity Mall ". "Landscape Easement" means a portion of a Lot denoted on a Plat as an area to be landscaped or as a Landscape Easement. "Legacy Building Guidelines" means guidelines and requirements for Building Activity on the Property adopted by the Declarant, as the same may be amended from time to time in the discretion of the Declarant or the Supplemental Board of the Applicable Supplemental Association. "Limited Common Area" means any Amenity Area and other areas of land or improvements that are (i) designated by the Declarant, in the Declarant's discretion, as Limited Common Area on any Plat or in any Supplemental Declaration or Development Instrument, or located within any such Limited Common Area, (ii) conveyed to or acquired by a Supplemental Association, or (iii) required by this Declaration to be maintained by a Supplemental Association, together with all improvements thereto, all utility service lines or facilities located therein not maintained by a public utility company or governmental agency and any Limited Common Facilities located therein. "Limited Common Facilities" means (i) all improvements located within a Limited Common Area including, without limitation, Paths, Common Lighting, Site Furniture and Fixtures, bicycle racks, walls, 1 fences, signs, and landscaping. (ii) what the Declarant, in its discretion, identifies and defines in a Supplemental Declaration as a Limited Common Facility and may also include; without limitation, (iii) Site Furniture and Facilities, Entry Ways, Street Trees, street lights, signs, turf, bicycle racks, walls and fences and any and all infrastructure not maintained by the City of Carmel per the City of Carmel Property Maintenance Code, as amended which are located within a Parcel or a public street internal or adjacent to a Parcel but not located within (x) Cherry Creek Boulevard and that portion of Community Drive south of the Integrity Mall, (y) a public right-of-way immediately adjacent to a General Common Area, or (z) a General Common Arca. "Lot" means (i) any plot of land intended as a building site shown upon any recorded Plat, with the exception of Common Areas and Shared Parking Lots, (ii) any Condominium, (iii) any part of the Property designated in a recorded instrument as "Lot", and (iv) any other part of the Property acquired by an Owner or used by Declarant for the construction or operation oi, or occupancy as, one or more Units. "Lot Development Plan" means (1) a site plan prepared by a licensed engineer or architect, (ii) foundation plan and proposed finished floor elevations, (iii) building plans, including elevation and floor plans, (iv) material plans and specifications, (v) landscaping plan, (vi) exterior lighting plan, (vii) tree preservation plan and (viii) all other data or information that the applicable Development Standards and Architectural Control Committee may request, with respect to the improvement or alteration of a Lot (including but not limited to the landscaping thereof) or the construction or alteration of a Unit, Apartment Building, Multiuse Structure or other Structure or improvement thereon. "Maintain," as it refers to any physical item means rznaintain, repair, replace and remove as necessary or appropriate. "Maintenance Costs" means all of the costs, as determined by the Corporate Board, in its discretion, with respect to General Common Areas and General Common Facilities, and the Applicable Supplemental Association, in the discretion of its Supplemental Board with respect to Limited Common Areas and Limited Common Facilities necessary to keep the facilities to which the term applies operational and in good condition, including but not limited to the cost of all upkeep, maintenance, repair, and replacement of all or any part of any such facility, payment of all insurance premiums for public liability, casualty and other insurance maintained with respect thereto, all utility charges relating to such facilities, all taxes imposed on the facilities and on the underlying land, leasehold, easement or right -of -way, and any other expense related to the continuous maintenance, operation, or improvement of the facilities. "Majori " means any number greater than fifty percent (50 %). "Mortgagee" means the holder of a first mortgage on a Lot, a Unit, an Apartment Building or a Multi -use Structure. "Multi -Use Structure" means a Structure which contains one or more Nonresidential Units and one or more Residential Units. "Non- Residential Lot" means a Lot which is used primarily for non - residential purposes and shall include Lots on which Apartment Buildings or Multi -Use Structures exist. "Non- Residential Unit" means any Structure or portion thereof (including Common Areas) situated upon the Property which is designated and intended for use and occupancy for such non- residential purposes as are permitted under the Zoning Ordinance exclusive of home -based offices and other uses accessory to the use and enjoyment of a Residential Lot. A Nonresidential Unit may be a Condominium. "Occupant" means any Person who is in possession of a Unit either as an Owner or as a tenant pursuant to a lease or other occupancy agreement. "Organizational Document" means, collectively, the Declaration, the Master Articles and the Master By- Laws. "Owner" means Person, including Declarant, who at the time has or is acquiring legal title to a Lot, except a Person who has or is acquiring such title merely as security for the performance of an obligation. "Parcel" means each platted subdivision or part thereof, parcel of land or one or more Lots within the Property that are subject to the same Supplemental Declaration or are declared by Declarant to constitute a "Parcel" and may include Limited Common Areas andlor Amenity Area(s). One or more Lots may be included in more than one Parcel. A Parcel comprises more than one type of use and may include noncontiguous lots, platted subdivisions or parcels of land. "Parcel Applicable Date" means the date specified in the applicable Supplemental Declaration as the "Parcel Applicable Date" for that Parcel. "Parcel Assessment" means an Assessment made pursuant to a Supplemental Declaration for a Parcel to be used for such purposes as are authorized by the Supplemental Declaration. "Paths" means those walkways, sidewalks and /or bikeways installed outside of a public right - of-way pursuant to Section 9 and such other real estate or interest therein as is conveyed or granted in the Declarant's discretion to the Corporation and/or Supplemental Association for the purpose of being used for walkways andlor bikeways. "Path Lights" means the light standards, conduits, wiring, bulbs and other appurtenances, if any, installed to illuminate the Paths. "Permitted Title Holder" means (i) the Corporation, (ii) any Supplemental Association, (iii) a public or private educational institilion, (iv)the City or any of its agencies or (v) a nonprofit corporation having perpetual existence or a governmental entity designated, in either case, by Declarant. "Person" means an individual, firm, corporation, partnership, limited liability company, association, trust or other legal entity, or any combination thereof. "Plat" means (i) a final secondary plat, (ii) a detailed (secondary) development plan pursuant to the Zoning Ordinance of a portion of the Property executed by Declarant and recorded in the Office of the Recorder of Hamilton County, Indiana or (iii) where a final secondary plat or Detailed (secondary) development plan is not required by the Zoning Ordinance, a map or drawing prepared by Declarant showing a portion of the Property (which may show the division of that portion of the Property into Lots, the dedication of right-of- way or the creation of easement thereon) and recorded in the Office of the Recorder of Hamilton County, Indiana. "Plaza" means a Limited Common Area to be located adjacent to the Community Dive and to be utilized, in the discretion and by the permission of the Supplemental Board of the Village District Supplemental Association, in its discretion, as a central gathering place for performances, festivals and outside events. "Pond" means a body of water either located in a Common Area or located outside the Property but utilized for controlled drainage from the Property pursuant to easement or other agreements requiring the Declarant and/or the Corporation or applicable Supplemental Association to maintain such bodies of water, and "Ponds" means all of such bodies of water. "Preliminary Plan of Development" means that plan prepared by Declarant that outlines the total scheme of development and general uses of land in the Property, attached to this Declaration as Exhibit D. The Preliminary Plan of Development is preliminary and conceptual only, and may be amended, changed and modified by Declarant from time to time, in the Declarant's discretion. "Private Street" means a privately -held right-of-way, open to the public for the purposes of vehicular and pedestrian travel, and which is identified and designated by the Declarant in writing, on a Plat or otherwise, as a Private Street. A Private Street may be comprised of pavement, shoulders, gutters, curbs, sidewalks, parking space, and the like. Private Street does not include a driveway located entirely on a single Lot. "Property" means certain property located in Clay Township, Hamilton County, Indiana, as described in Exhibit A to this Declaration and such other parts of the Additional Real Estate as may from time to time be annexed thereto under the provision of Section 3 of this Declaration. "Real Estate" means the real estate particularly described in what is attached hereto and incorporated herein by reference as Exhibit A. "Residential Lot" means a Lot which is used or intended to be used primarily for residential purposes except where the Lot is improved by the construction thereon of an Apartment Building or a Multi -Use Structure. "Residential Unit" means a Structure containing a room or combination of MOMS designed for year -round habitation, containing a bathroom and kitchen facilities, and designated for or used as a permanent residence by at least one Person, and all Structures accessory thereto. "Restrictions" means the covenants, conditions, easements, charges, liens, restrictions, rules, regulations, policies and procedures and all other provisions set forth in this Declaration, all Applicable Supplemental Declarations, any Plats, any Development Instruments, the Legacy Building Guidelines and any rules, regulations, policies, and procedures adopted by the Corporate Board and/or a Supplemental Board, in their discretion, as the same may from time to time be amended. "Round- about" tneans the traffic circle in The Legacy which may be constructed per the Declarant in the Declarant's discretion. "Shared Parking Lot" means any parking lot owned, managed author maintained by the Corporation or a Supplemental Association intended for use by the Occupants of or visitors to The Legacy and designated, in writing, by the Corporate Board, in its discretion, as a Shared Parking Lot. "Simplicity Park" means the General Common Area which is preliminarily and conceptually identified on the Preliminary Plan of Development as the "Simplicity Park ". "Site Furniture and Facilities" means any furniture, trash containers, sculpture or other furniture, fixtures, equipment or facilities constructed, installed or placed in the Property by Declarant, the Corporation or a Supplemental Association and intended for the common use or benefit of some, if not all, of the Owners and Occupants. "Speeial Assessment" means an Assessment made pursuant to Section 15(1) of the Declaration. "Street Trees" means the trees, shrubs and other plantings planted by Declarant, the Corporation or Supplemental Association pursuant to Section 11 of this Declaration, as the same may be replaced from time to time. "Structure" means anything which is constructed or installed upon a Lot including, without limitation, all improvements which are principally above ground and enclosed by walls. "Supplemental Association" means any nonprofit corporation established pursuant to a Supplemental Declaration to carry out functions speeified in such Supplemental Declaration. "Supplemental Board" means the board of directors of a Supplemental Association. "Supplemental Declaration" means any supplemental declaration of covenants, conditions or restrictions which may be recorded, with respect to a Parcel or part of a Parcel and which may extend the provisions of this Declaration or any previously recorded Supplemental Declaration to a Parcel and which may contain such complementary or supplementary provisions for such Parcel as are specified in the Supplemental Declaration by the Declarant, in Declarant's discretion.. "The Legacy" means the name by which Property shall be commonly known. "The Legacy Towns and Flats" means the apartment community described in Section 15(B)(2)(c) of the Declaration. "Unit" means any Residential Unit or Nonresidential Unit, including a Condominium, and "Units" means all Residential Units and Nonresidential Units, including all Condominiums. "Valuation Factor" means Declarant's good faith estimate of a quantitative indicator of the extent or degree of the assumed demand of a Lot or Unit (including a Horizontal Property Regime) for services subject to the General Assessment "Valuation Table" means the table attached hereto and incorporated herein by reference as Exhibit "H" which may, from time to time, be modified, amended and revised by the Declarant in the Declarant's discretion, for any reason including, without limitation, in order to address the characteristics and impact of any Additional Real Estate annexed to the Property and made subject to this Declaration per the terms of this Declaration. "Village District Supplemental Association" means the Village District at the Legacy Owners Supplemental Association, Inc., established pursuant to the Supplemental Declaration of Covenants and Restrictions of The Village District at The Legacy which will be recorded with the Recorder of Hamilton County, Indiana following the recordation of the Declaration with the Recorder of Hamilton County, Indiana. "Zoning Authority" with respect to any action means the Director of the City of Carmel's Plan Commission or, where he lacks the capacity to take action, or fails to take such action, the governmental body or bodies, administrative or judicial, in which authority is vested under applicable law, or hear appeals from, or review the action, or the failure to act, of the Director. "Zoning Ordinance" means the ordinance adopted by the City of Carmel, Indiana, as Ordinance Z- 501 -07 establishing the District. Exhibit "D" Preliminary Plan of Development (See attached PDF) EXHIBIT "E" TIIE RIDGE AT LEGACY A part of the East Half of the Northeast Quarter of Section 22 and part of the Northwest Quarter of Section 23, Township 18 North, Range 4 East of the 2' Principal Meridian, Clay Township, Hamilton County, Indiana, more particularly described as follows: Commencing at the Northwest corner of said Northeast Quarter Section, said comer being marked by a Harrison Monument; thence North 89 degrees 34 minutes 25 seconds East along the North line of said Quarter Section a distance of 1,316.91 feet to the Northwest comer of the East Half of said Qnarter Section; thence South 00 degrees 03 minutes 48 seconds East along the West line of said Half Quarter Section a distance of 58.60 feet to a 5/8" rebar with cap stamped "S & A Firm 10008" (hereafter referred to as a S & A rebar) on the southerly right-of-way of 146th Street and the POINT OF BEGINNING of this description; thence along the said right-of-way by the next fifteen courses; 1) South 89 degrees 46 minutes 32 seconds East 117.55 feet to as a S & A rebar; 2) South 88 degrees 35 minutes 16 seconds East 12.24 feet to as a 5 & A rebar; 3) South 88 degrees 42 minutes 45 seconds East 20.41 feet to as a 5 & A rebar; 4) South 88 degrees 44 minutes 17 seconds East 56.52 feet to as a 5 & A rebar; 5) South 88 degrees 23 minutes 04 seconds East 15.80 feet to as a 5 & A rebar; 6) South 84 degrees 48 minutes 27 seconds East 173.52 feet to as a S & A rebar; 7) South 88 degrees 44 minutes 54 seconds East 171.13 feet to as a S & A rebar; 8) South 86 degrees 51 minutes 09 seconds East 45.84 feet to as a 5 & A rebar; 9) South 87 degrees 55 minutes 37 seconds East 99.38 feet to as a 5 & A rebar; 10) South 88 degrees 29 minutes 08 seconds East 77.44 feet to as a 5 & A rebar; 11) South 89 degrees 33 minutes 55 seconds East 140.45 feet to as a S & A rebar; 12) North 89 degrees 52 minutes 26 seconds East 274.73 feet to as a S & A rebar; 13) North 89 degrees 58 minutes 25 seconds East 135.72 feet to as a 5 & A rebar; 14) South 89 degrees 22 minutes 08 seconds East 103.23 feet to as a S & A rebar; 15) South 83 degrees 58 minutes 30 seconds East 54.30 feet to as a S & A rebar; thence South 00 degrees 00 minutes 00 seconds East 515.54 feet to as a 5 & A rebar; thence South 18 degrees 26 minutes 06 seconds West 316.23 feet to as a 5 & A rebar; thence South 00 degrees 00 minutes 00 seconds East 535.79 feet to as a 5 & A rebar; thence South 39 degrees 34 minutes 22 seconds West 83.20 feet to as a S & A rebar; thence South 00 degrees 00 minutes 00 seconds East 540.50 feet to as a S & A rebar; thence South 90 degrees 00 minutes 00 seconds West 167.00 feet to as a S & A rebar; thence South 00 degrees 00 minutes 00 seconds East 285.00 feet to as a S & A rebar; thence South 90 degrees 00 minutes 00 seconds West 783.98 feet to as a S & A rebar and the point of curvature of a curve concave southerly, the radius point of said curve being South 00 degrees 00 minutes 00 seconds West 427.00 feet from said point; thence westerly along said curve 283.00 feet to as a S & A rebar and the point of tangency of said curve, said point being North 37 degrees 58 minutes 26 seconds West 427.00 feet from the radius point of said curve; thence South 52 degrees 01 minutes 34 seconds West 119.99 feet to as a 5 & A rebar; thence South 37 degrees 58 minutes 26 seconds East 19.23 feet to as a 5 & A rebar; thence South 52 degrees 01 minutes 34 seconds West 56.82 feet to as a S & A rebar on the West line of said Half Quarter Section; thence North 00 degrees 03 minutes 48 seconds West along said West line 2,493.06 feet to the place of beginning, containing 72.322 acres, more or less.