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HomeMy WebLinkAbout2000 - 046 - Approval of Final Subdivision Plat and Development Plan Submitted by Gate Woods DevelopmentORDINANCE NO. 2 00©- ~/6 AN ORDINANCE ACCEPTING THE RECOMMENDATION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF RIVERSIDE, MISSOURI AND APPROVING THE FINAL SUBDIVISION PLAT AND FINAL DEVELOPMENT PLAN SUBMITTED BY GATE WOODS DEVELOPMENT, LLC WHEREAS, the Planning and Zoning Commission of Riverside, Missouri (the "Commission"), considered the application for zoning change, preliminary subdivision plat and preliminary development plan submitted by Gate Woods Development, LLC (the "Applicant")for a tract of land, a legal description of which is included in Exhibit A attached hereto (the "Property"), consisting of approximately 28 acres north of Northwest 50`h Street and west of Gateway Drive to be developed as a Planned Development District as provided in Section 410.085 of the Municipal Code of the City of Riverside; and WHEREAS, the Commission held a public hearing on the application on June 10, 1999, and further considered the application at its meetings on June 22, June 24 and July 8, 1999; and WHEREAS, the Commission recommended approval of the rezoning, preliminary subdivision plat and preliminary development plan, subject to certain conditions and restrictions, on July 8, 1999; and WHEREAS, the Board of Aldermen of the City of Riverside, Missouri, held a public hearing on the application on August 17, 1999, and approved the application for zoning change, preliminary subdivision plat and preliminary development plan, subject to the conditions and restrictions recommended by the Commission; and WHEREAS, Gate Woods Development, LLC filed its proposed final subdivision plat and final development plan; and WHEREAS, the Commission held a public hearing on April 13, 2000, to consider the proposed final subdivision plat and final development plan, and passed Resolution No. P2000-02 reporting on and recommending approval of the proposed final subdivision plat and final development plan, subject to the conditions and restrictions set forth in the Resolution; and WHEREAS, the Board of Aldermen held a public hearing on April 18, 2000 to consider the report and recommendation of the Commission; and WHEREAS, proper notice of the public hearing was given by publication; NOW, THEREFORE, BE IT ORDAINED, by the Board of Aldermen of Riverside, Missouri; 1. Subject to the conditions and restrictions set forth herein, the Board of Aldermen approves as part of the final subdivision plat and final development plan: ::ODP1A V'~'OHi.JOX\J: AC"S ENiSV6149?V00007 \KC O:a 2-796. Y7 C-D April 15, 2000 (4:C.F[2! The Applicant's request for the following variations for the Property from the requirements of Municipal Code section 410.020: i. Twenty-five foot minimum front yard set back. ii. Zero side yard set back on one side, but with the other side yard having a minimum ten foot distance from structure on adjacent lot and an average of not less than fifteen foot distance from structure on adjacent lot. iii. Twenty foot minimum rear yard set back. iv. Lot width of not less than fifty-five feet at front building line. v. Lot area per lot for entire parcel to average not less than 7,850 square feet. 2. Subject to the conditions and restrictions set forth herein, the Board of Aldermen approves, as part of the final subdivision plat and final development plan, of: The Applicant's request for the following variations for the Property from the requirements of Municipal Code section 485.420: i. For streets with houses facing them: (1) Road right-of--way of forty feet, plus five foot utility easements on each side. (2) Twenty-eight foot wide streets. (3) "Lazy back" curbs and gutters, type CG-2, as specified in current APWA standards for "residential access streets." (4) Four foot sidewalks, two feet back from curbs, constructed with concrete. (5) All utilities (including fire plugs, street lights, signs) behind the sidewalk but within the utility easement. (No variances from full compliance with all applicable fire and safety codes.) (6) Mailboxes clustered at the entrances to the subdivision. ii. For streets entering into the subdivision from Northwest 50`h Street and Gateway Drive: (1) Road right-of-way of fifty feet. (2) Twenty-eight foot wide streets. (3) Type CG-1 curbs and gutters, as specified in current APWA standards for "residential local streets." (4) Five foot sidewalk five feet back from curbs on one side of the street only. 3. Subject to the conditions and restrictions set forth herein, the Board of Aldermen approves: The Applicant's proposed final subdivision plat, Gate Woods - 151 Plat ("Phase 1 ") and Gate Woods - 2"~ Plat ("Phase 2"), attached hereto as Exhibit A and Exhibit B, respectively (the "Final Plat"). Before the Phase 1 plat is signed and recorded, the Applicant shall complete to the satisfaction of the Planning Commission and the Enforcement Officer, all the street, sanitary and other improvements on Phase 1 of the ::ODMA\WORLDOXW:ACLIh;N'CSV61A92V00007\K0032756.WPD -2- April i9, 2000 (4: C4PM) 6. Prior to commencement of any public improvement or infrastructure improvement, the Applicant shall provide the City a copy of the contract and a completion and performance bond from the contractor assuring completion of the public improvement or infrastructure improvement described in the contract. 7. Phase 1 (including all related public improvements and infrastructure improvements) shall be completed no later than May 1, 2002. Phase 2 (including all related public improvements and infrastructure improvements) shall be completed no later than May 1, 2004. 8. Subject to the conditions and restrictions set forth herein, the Board of Aldermen approves issuance of building permits for construction of the buildings and structures, including the related public improvements and infrastructure improvements, described in the Final Plat and Final Development Plan. No building permit shall issue for any building, structure or improvement unless the building, structure or improvement conforms to the Final Development Plan, the Final Plat, the conditions of this ordinance, and all other provisions of the Municipal Code, except those for which a variance is expressly stated herein. No building permit shall issue for any residential unit in Phase 1 until the Phase 1 plat is signed and recorded, or in Phase 2 until the Phase 2 plat is signed and recorded. 9. The Applicant shall comply with all other Municipal Code requirements. Passed this / 8f`~ day of April, 2000. ~~ Betty Burch, Mayor ATTEST: J I t / t/>~ ~ , - j _ ~~ CITY CLERK ::OD?1A\WORI,DOX\J: ACL I6'!JTSV61492V00007\R0032796.'rl?D -4- np-u I8, znco ~4:04_~~ EXHIBIT A DESCRIPTION All that part of the Southwest Quarter of Section 33, Township 51, Range 33, Riverside, Platte County, Missouri, being more particularly described as follows: Commencing at the Southeast corner of the Southwest Quarter of said Section 33, thence along the East line of said Southwest Quarter, North 00 degrees, 26 minutes, 13 seconds East 699.49 feet to a point 40 feet North of the Southeast corner of the North half of the Southeast Quarter of the Southwest Quarter of said Section 33, thence parallel to the South line of the North half of said Quarter Quarter Section, North 89 degrees, 08 minutes, 50 seconds West, 49.9 feet to a point on the West Right-of--Way line of Gateway Drive as described by instrument recorded May 8, 1933 in Book 1 at page 132, said point also being on the North Right-of-Way line of NW 50th Street as established by HANSEN HEIGHTS, a subdivision in said City, County and State; thence along the North Right-of-Way line of said NW 50`h Street, 40 feet North of and parallel to the South line of the North half of said Quarter Quarter Section, North 89 degrees, 08 minutes, 50 seconds West, 333.80 feet; thence continuing along the North Right-of-Way line of said NW 50`n Street, South 76 degrees, 49 minutes, 19 seconds West, 70.18 feet to the POINT OF BEGINNING; thence continuing along the North Right-of-Way line of said NW 50`h Street, South 76 degrees, 49 minutes, 19 seconds West, 94.80 feet to a point on the South line of the North half of said Quarter Quarter Section; thence along the South line of the North half of said Quarter Quarter Section and continuing along the North Right-of--Way line of said NW 50`h Street, North 89 degrees, 08 minutes, 50 seconds West, 160.35 feet (HANSEN HEIGHTS = 160 feet); thence continuing along the North Right-of-Way line of said NW 50"' Street the following courses and distances; North 75 degrees, 09 minutes, 54 seconds West, 165.55 feet; thence South 88 degrees, 16 minutes, 45 seconds West, 407.85 feet; thence leaving the North Right-of--Way line of said NW 50`h Street, North 00 degrees, 21 minutes, 19 seconds West, 692.39 feet; thence North 24 degrees, 50 minutes, 56 seconds West, 111.74 feet; thence North 49 degrees, 12 minutes, 59 seconds West, 81.28 feet, thence North 12 degrees, 04 minutes, 51 seconds East, 454.04 feet to a point 20 chains East of the West line and 10 chains South of the North line of the Southwest Quarter of said Section 33, thence South 89 degrees, 28 minutes, 14 seconds East, 899.90 feet to the Northwest corner of a tract of land described by Document No B - 3519 said point being 400 feet West of the East line of the Southwest Quarter of said Section 33; thence along the West line of said tract of land described by Document No B -3519. South 00 degrees, 26 minutes, l3 seconds West, 329.75 feet (deed = 330.00 feet) to the Southwest corner thereof; thence along the South line of said tract of land, South 39 degrees, 26 minutes, 04 seconds East, 43.02 feet to a point 300 feet West of, as measured at right angles to the West Right-of--Way line of Gateway Drive as described instrument recorded May 8, 1933 in Book 1 at Paage 135; thence parallel to the West Right-of-Way line of said Gateway Drive, South 00 degrees, 40 minutes, 47 seconds East, 338.37 feet; thence in an Easterly direction along a curve to the left (having a radius of 95.00 feet and on initial tangent bearing of South 67 degrees, 46 minutes, 24 seconds East), 36.01 feet to a point of tangent; thence South 89 degrees, 29 minutes, 32 seconds East, 265.05 feet to a point on the West Right-of-Way line of Gateway Drive as described by instrument recorded May 8, 1933 in Book 1 at Page 132 (50 feet from the center line thereof); thence along the West Right-of--Way line of said Gateway Drive (50 feet from the center line thereof), South 00 degrees, 40 minutes, 47 seconds East, 23.76 feet; thence continuing along the West Right-of--Way line of said Gateway Drive (50 feet from the center line thereof), South 00 degrees, 27 minutes, 13 seconds West, 36.24 feet; thence North 89 degrees, 29 minutes, 32 seconds West, 265.58 feet to a point of curve; thence in a Westerly direction, along a curve to the right (having a radius of 155.00 feet), 34.72 feet to a point 300 feet West of, as measured at right angles to, the West Right-of-Way line of said Gateway Drive; thence parallel to the West Right-of--Way line of said Gateway Drive, South 00 degrees, 27 minutes, 13 seconds West, 362.06 feet; thence South 76 degrees, 42 minutes, 58 seconds West, 105.00 feet; thence South 00 degrees, 27 minutes, 13 seconds West, 175.88 feet to the point of beginning, containing 27.978 acres more of less. /~^ L~... h- Q ~~ ~~ r ~ ''^~ ~~~~ V•~~V~ O ~~g~ D~Q~~ ~ ~jU ~° ~~ W f- Q ~..~ ', s~ - - ed^~ y i "' ~ ~ a i ~ ~ ~I s ~ ~ t i F ~~ w+.: o 1 . . 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O J 1. ~~>r- - _ _ ~ ' f RL" ~.~~__ L-YI 11~%1'J 'l'a ___~_ ICI ~ ~ ei ~~~ ~n .s, i a i I`~-~ e IR I ~ ~ i ~ ~~ „~ j m ,.. / -~ ~o~ e ~~~ ¢ 4 ~~ R II o~ I' H~ h~ ~~ ~~ e~q~E ~ h h ~~~ M~ ~~~~~ ~~ ~~ ~~ ~~ ~~ ~ gl e~~ ~ mE~lim i! ~~~~!' r ~yy !~ ( it ~ !! ma~ 1111 il~;% ~ j~ ~ t Ip 2' (! ~ to jt~ i it ~ 1t t.~ ~ i~lt ~~ i1 4 a L i~~i i ~ sit°•~! g t~ B .i~ .. ~ -tHif ~ i~~z i ~- ~ 1 1 --_ ---~ r_ -- ~s J w I ~ "_ o~ 4 tiG~ ~~ I O V~{ 6~~ i~ ~`-----! ~1 ~ ~ i 1, 1 m~ o~ g~ ~~ ~ ~~ ~. ~ ~- ~ ~; ~ W ` \: ~ ~ ~ ~ _ -' - "" o ~ ~ I r~ ~ ~' x ~ y ~ ~~~' ~ ~ ~ ~, J ash ~"~ , /'` ~ - J I ~ ~ - s - ~ ~ ~~ ~, ~ ~ ~~ I ' ~~ ~ F 0 J GATE WOODS DEVELOPMENT LLC. 5503 NW Foxhill Road Parkville, Mo. 64152 816-587-0553 March 3, 2000 Reference: Gate Woods Proposed House Plans Enclosed, you will find a set of four house plans that will be used for the Gate Woods Development. The elevations for Plan A and B are the same. The elevations for Plan C and D are the same. The following information covers exterior details: Trim -Wood or Stucco Cohitnns -Wood or Stucco. Garage Doors -Wood or metal with wood texture Windows -Plastic wrap with double panes. Drives and Walks -Concert Roof -Uniform earth tone color heavy textured asphalt shingles. Private patios and decks will vary from unit to unit. o i n, see the Restrictive Convenants Article XII for information. imble )evelopment, LLC ~,>'LS`~ ~ !~-1 ~ ~Q-'1 ~ l ICE.-~ l,l~„~' ~ !'~a~` '~-- 2 _.~ '~ ~~ .~ ~ ~~ =~ E'~ ~ ~ .t ~ ~~ 6aL~~WQa~'~ p~ ~ ~ ~t~ ~~ '~ UNtT IG~4 s~ - - - -- ~' -- -~-.. -- --- _-- __ F ~T ~ .~. ~~~~~ r~ ~~'~ bG~~ 1~a0-~ ~t(.~a~; 4 ti~Nb ~~~~ G~1.1~ ~- ~t b ~~ ~~~~ I ~~~ ~ ~~Q~ iL ,~ . r-)t ~. -. _ _ . i ~ I~Ni~[" C `i~~~ bd~'~V~r~ v~U-~a~ ~ ~~~a~ ~Q~ ~ ~tN~'c ~ Got1~oSS j101~ ~}~ nl6L~.4 '! • ~~iA .I,l. :.°~; '- ;~ . L I ~2 ~s r `~~~` iii r~tN tt~6 I~Jrq-! _ ~~~~~ ~~T~f. - --t > ~ ___~ 0 p,.t'1 ~~ ~ 2 rwo ~a~ ~b~, ~V-~OD b ~ YII,-t.~G~ ~ ~ ~ a,u- n~ Gars ~. ~~c-T M ~r~~oQ~s ~ ~~~~%~-'~~ ~° ©N. ~ l..o«T~ ~ DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS GATE WOODS THIS DECLARATION is made this day of , 2000, by Gate Woods Development, L.L.C., a Missouri Limited Liability Company ("DECLARANT"). WHEREAS, DECLARANT is the owner of certain real property described in Exhibit "A" which will be developed as a Planned Development District under the terms of the City of Riverside Zoning Ordinances. WHEREAS, DECLARANT is now developing and intends to complete the development of a planned Patio Home Community for first class family residential living on the property described in EXHIBIT "A" attached hereto and made a part hereof, and upon such additional property as may be added hereto by DECLARANT, which said property as hereby platted and established shall be known as "GATE WOODS" filed in Platte County, Missouri on _, 1999 as Document NO in to be developed in phases as set forth in said plat. NOW, THEREFORE, DECLARANT, for all purposes, including protection of the value of and enhancing the desirability of said property, hereby declares that all property herein described shall be held, conveyed, hypothecated, encumbered, leased, rented, occupied and improved and in any and all manner utilized subject to and in accordance with the following covenants, conditions, restrictions, easements, uses limitations, charges and obligations herein set forth, which are and shall be construed to be covenants and restrictions appurtenant to and indivisible from the property known as GATE WOODS and shall be binding upon and shall inure to the benefit of all persons having, acquiring or owning any right title or interest in the property or any part thereof, their grantees, heirs, successors, personal representatives and assigns. Subject only to the covenants, conditions and restrictions set forth in this Declaration, the property known as GATE WOODS shall be used solely and exclusively for residential purposes and in furtherance thereof it is hereby provided: I. DEFINITIONS. As used in this Declaration and in the By-Laws of the GATE WOODS HOMES ASSOCIATION, the following terms shall have the meanings herein set forth unless the context clearly requires otherwise: 1.1 Association. GATE WOODS HOMES ASSOCIATION, its successors and assigns. -1- 1.2 Building. A residential structure containing one Unit. 1.3 By-Laws. The By-Laws of GATE WOODS HOMES ASSOCIATION as from time to time amended. 1.4 Common Area. Means (a) all areas and facilities within the District designated by Developer for the general use or benefit of all owners, tenants and occupants of the District, including, without limitation, areas immediately surrounding the individual Homesites, parks (if any), green space, landscaped areas and landscaping features; playgrounds, jogging and bicycling trails and other recreational areas; sidewalks and walkways; special and decorative lighting, signs, monuments, bridges and fences, entrance gates and sign structures; lakes, streams, creeks and drainage and retention facilities; and fencing around the perimeter of the District; (b) any land deeded to the Association by or at the direction of Developer; (c) any easements, leases, licenses or other rights of use granted to the Association by or at the direction of Developer, and the land or other property which is the subject thereof; and (d) all buildings, structures and other improvements, fixtures and equipment and other tangible personal property located on, owned or used in connection with or forming a party of any of the foregoing. 1.5 Development Plan. DECLARANT's preliminary development plan for GATE WOODS, including all land improvements, and all preliminary design and placement of improvements upon the property as approved by the City of Riverside as illustrated in Exhibit "B" hereof which may be amended from time to time as provided in Article II. 1.6 Lot. Those portions of GATE WOODS, so designated as residential tracts on the Plat filed of record. Set backs shall be governed by the Planned Development approved by the city. 1.7 Member. A member of the Association. 1.8 Owner. The record owner, whether one or more persons, of fee simple title to any part of a residential Lot, but excluding those holding such title merely as security for the performance of an obligation. 1.9 Person. All natural individuals, corporations, partnerships, or other entities capable of owning or holding title to real property. 1.10 Plat. The Platte of GATE WOODS as filed of record in the office of the Recorder of Deed of Platte County, Missouri. 1.11 Phase. Shall mean and refer to a group of lots and open space all of -2- which are subject to the same Supplementary Declaration establishing such phase. 1.12 Property. All land and real property described in EXHIBIT " A" hereto incorporated herein by this reference together with all improvements and structures thereon and rights and appurtenances thereunto appertaining and such additions thereto as may hereafter be brought within the jurisdiction of the Association by annexation by DECLARANT as provided herein and in the Articles of Incorporation and By-Laws of GATE WOODS HOMES ASSOCIATION. 1.13 Unit. All individual Patio Home Units designed and used exclusively for single family residential purposes including all patio and balcony areas within each platted Lot of GATE WOODS recorded in the office of the Recorder of Deeds of Platte County, Missouri. II PROPERTY AND PROPERTY RIGHTS. 2.1 The Property. The property subject to this Declaration is located in the City of Riverside, Platte County, Missouri, and is more particularly described in Exhibit "A". 2.2 DECLARANT may from time to time add such additional residential property owned by it as DECLARANT may determine, provided that all such land or lands added to the property shall be contiguous to the property then subject to this Declaration and any amendments hereof. DECLARANT shall have no duty or obligations to add additional property hereto at any time. 2.3 Each and every Owner of a Unit shall have a continuing right and easement of enjoyment of and access and egress over, across, upon, in and to the Common Area, which right and easement shall be appurtenant to and an indivisible part of title to every Unit and the corresponding right and easement of and for enjoyment and access shall not be separated nor shall any such Unit, by deed, plat, court order or otherwise, be subdivided or in any manner separated into parcels smaller than a Lot shown on the Plat. Every deed, lease, mortgage or other instrument of conveyance may describe a Unit by its lot number, without more, shall be deemed and construed to convey, transfer and otherwise affect in the same manner the right and easement of and for enjoyment and access to the Common Area by the owner thereof. -3- 2.4 Ownership of Units. Subject to the provisions of this Declaration, the Articles of Incorporation and By-Laws of the Association, and such rules and regulations as may be promulgated by the Association, each owner, in addition to the full and unrestricted quiet enjoyment of this Unit, may use the Common Area, including without limitation, all private walks, paths, drives, lakes, lake shores and all facilities and improvements thereon and shall hold such rights for the use and benefit of all permanent occupants of each owner's respective Unit, his tenants, invitees and guest for the uses and purposes for which the Common Area was designated and intended. III. ASSOCIATION MEMBERSHIP AND VOTING. 3.1 Each and every owner of a Unit shall be a member of the Association. Membership shall be appurtenant to and shall not be separated from ownership of any Unit. Members may vote at any meeting of the Association in person or by written proxy duly filed in accordance with the By-Laws with the Secretary of the Association. 3.2 The Association shall have two classes of voting membership. (a) Class A Membership. Class A members shall be all owners other than DECLARANT. Class A members shall be entitled to one vote for each Unit owned. When more than one person are owners of a Unit, all such persons shall be members, and the vote for such Unit shall be exercised as they shall determine among themselves, and in no event shall more than one vote be cast with respect to any Class A membership Unit. The event of the inability of multiple owners to agree upon the vote for their Unit, no vote shall be counted for such Unit. (b) Class B Membership. Class B members shall be DECLARANT, Its successors and assigns, and shall be entitled to three (3) votes for each lot owned regardless of whether any improvements shall have been built thereon. All Class B membership shall cease and be automatically converted to Class A membership when the total number of Class A membership votes outstanding shall exceed the total number of Class B votes outstanding. -4- IV. POWERS AND DUTIES OF ASSOCIATION 4.1 The Association shall have the powers and duties set forth in its Articles of Incorporation and Bylaws, provided such powers and duties are not inconsistent with the provision of this Declaration. In addition to and not in limitation of the powers and duties of the Association provided in its Articles of Incorporation and Bylaws, the Association shall have the following powers and duties: (a) The Association shall have the power, in its discretion, to do any of the following, which it may exercise or perform whenever, in its discretion, it may deem necessary or desirable: (1) Levy and collect the assessments and charges provided for in this Declaration. (2) Enforce or sue for damages as a result of the violations of, either In its own name or in the name of any Owner, any and all terms ,provisions, covenants, conditions, restrictions, license and easements imposed upon the land in the District by this Declaration. To the extent permitted by law, the party against whom such enforcement or damages are sought shall pay all costs and expenses including attorney's fees) of the Association with respect to any such action or proceeding, and any such costs and expenses not paid by such party shall be paid out of the general fund and of the Association herein provided for. Nothing herein shall be deemed to prevent any Owner having the right to do from enforcing , in such Owner's own name, any of the terms, provisions, covenants, conditions, restrictions and easements established by this Declaration. (3) Exclusively manage and control all Common Facilities for the benefit of the Owners, including exercise of control over such easements, leases, licenses, usage rights and other right and property as the Association may acquire from time to time. (4) Acquire by lease or own title to such real property as may be reasonabl}• necessary in order to carry out the purposes of the Association. (5) Grant upon, across or under property owned or controlled by the Association such permits, licenses, easements and rights--of--way for sewer lines, water lines, underground conduits, storm drains„ television cable and other public or private utilities, roadways or other purposes as may be reasonably necessary or appropriate for the orderly maintenance, preservation and enjoyment of the District or any part thereof or the preservation of the health, safety, convenience and welfare of the Owners. -5- (6) Employ duly qualified security officers to provide protection for the District or any part thereof. ' (7) Install and maintain such lighting facilities as the Association may deem advisable on Homesites and Common Facilities, including street lighting. (8) Erect and maintain signs for the marking of streets and safety signs for the protection of children and other persons. (9) Obtain property insurance on the Common Facilities against loss or damage by fire or other casualty and public liability insurance with respect to the Common Facilities, all in such forms and amounts and with such insurance companies as the Association may deem appropriate, naming as insured Developer and its agents and employees (so long as Developer owns any land within the District or controls the Association), each director of the Association, any management company under any management contract with respect to the Common Facilities and its agents and employees, and any other person or entities designated by the Association in its discretion. ( 10) Borrow money in such amounts, at such rates of interest, upon such terms and security and for such periods of time as the Association may deem necessary or appropriate, in its sole discretion. ( 11) Adopt and enforce reasonable rules and regulations for the use of the Common Facilities and the other land in the District to preserve or enhance the quality or appearance of the District or the safety or convenience of the users thereof or otherwise to promote the interests of the Owners, tenants and occupants of the land vcithing the District, and amend or supplement such rules and regulations at any time and from time to time. ( 12) Exercise any other powers elsewhere provided to the Association in this Declaration. (b) The Association shall have the power to do or cause to be done the following: (1) Care for, spray, trim, protect and replant trees and shrubbery which are part of the Common Facilities. (2) Install and maintain lawn sprinkler systems on all portions of the Common Facilities. -6- (3) Provide law care, including mowing, spraying, replanting grass and replacing sod on all Homesites and on all portions of the Common Facilities where lawn care is needed, except that such service shall not include the care of shrubs, trees, gardens or flowers planted by an Owner or the care of areas which have been enclosed by an Owner with fencing or hedging or otherwise made inaccessible to the Association. (4) If any vacant or unimproved Homesite is not maintained by the Owner thereof, mow, care for ,maintain and remove rubbish from such Homesite and do anything else the Association deems necessary or desirable to keep such Homesite neat in appearance and in good order. (5) Plow and remove snow from sidewalks which are part of the Common Facilities and from sidewalks and driveways on Homesites. (6) Maintain, repair and replace all structures, improvements and facilities which are part of the Common Facilities, and maintain all creeks, streams or lakes and all drainage and retention facilities which are part of the Common Facilities. (7) Pay all taxes and assessments levied or assessed against the Common Facilities, and any other property owned or leased by the Association. (8) Keep true and correct records of account in accordance with generally accepted principles, and have available for inspection by any Owner, at reasonable times during regular business hours, books which specify in reasonable detail all expenses incurred and funds accumulated from assessments or otherwise. (9) Upon reasonable request and during reasonable business hours, make available for inspection by Owner or Association member of the books, records and financial statements of the Association, together with current copies, as amended from time to time, of this Declaration, the Articles of Incorporation and Bylaws of the Association and the Design Standards (hereinafter defined). ( 10) Perform any other duties required of the Association as provided elsewhere in this Declaration. ( 11) Any powers, rights and duties of the Association may be delegated to a managing agent under a management contract; provided that no such delegation shall relieve the Association from its obligation to perform any such delegated duty. Any contract entered into by the Association for professional management or other services shall not exceed a term of three years, which term may be renewed by agreement of the parties for successive one-year periods, and any such -7- contract shall permit termination by either party upon 90 days' notice with or without cause and without payment of any termination fee. 4.2 Purpose of Assessments. All assessments levied by the Association shall be used exclusively to promote the health, safety, welfare, recreation and enjoyment of owners and residents of the property and for the improvement and maintenance of the Common Area and alt Patio Homes situated upon the property as determined by the Association. V. NON-COMMON AREA MAINTENANCE. 5.1 The Association shall provide all exterior maintenance upon and for each Unit including, without limitations, paint, normal wear and tear repairs and replacement, care of roofs, gutters, down spouts, exterior building surfaces, exterior foundation walls, trees, shrubs, grass, walks and other authorized exterior improvements located upon the Unit of an Owner. The Association's responsibility for exterior maintenance shall not include glass surfaces. In the event maintenance or repair is required by reasons of the willful, intentional or negligent action or non- action of an Owner, his family, guest, or invitees, all costs of such maintenance or repairs shall be added to the assessment to which the Unit or Units of such Owner is subject and the decision of the Board of Directors of the Association with respect thereto shall be final and binding upon all parties affected thereby. 5.2 In the event any Owner of any Unit shall fail to cooperate or shall obstruct the efforts of the Association in providing the exterior maintenance to be provided by it hereunder, the Association may enter upon such Unit and repair and maintain the same and charge the cost of such action as a part of the assessment to which such Unit is subject. The Association, its agents, and employees, shall have and hereby are granted an easement for ingress and egress over, across and upon any and all Units in GATE WOODS for the sole purpose of performing maintenance required to be performed by the Association hereunder. 5.3 It shall be the obligation of each Owner to maintain in good condition and repair the interior of all improvements located in his Unit and all fixtures and equipment thereon such as, but not limited to, interior plumbing fixtures, interior electrical equipment, interior gas and water equipment, and all windows, screens and storm windows, if any, and kitchen and bathroom equipment. For purposes of maintenance, the term "Interior" shall mean all parts of all improvements situate in any Unit within the exterior walls of a building but not limited to, plaster and drywall parts, wood, brick or the (including carpeting) of floor surfaces etc, and shall exclude all exterior surfaces except glass. -8- VI. REAL ESTATE TAXATION ASSESSMENTS. 6.1 All real property taxes, assessments and special assessments levied against the lots by the State of Missouri, any political subdivision thereof, or any other lawful taxing authority, shall be assessed and levied separately upon each lot any such taxes shall be separately assessed or levied directly upon the Common Area or any part thereof shall be paid by the Homes Association and shall be prorated to the individual lot owners as provided in Section VIII . VIL INSURANCE. 7.1 Liability Insurance. The Association shall acquire, maintain and pay for comprehensive public liability insurance covering all of the Common Area and insuring the Association in such amounts as the Association may determine from time to time. Each Owner of a Unit shall be responsible for obtaining and paying for his or her personal liability insurance. 7.2 Hazard Insurance by Unit Owners. The Owner(s) of each Unit shall obtain and maintain at all times in full force and effect policies of fire, windstorm and extension coverage insurance on the broadest terms available, including vandalism and malicious mischief insurance, insuring such Owner's respective Unit for the full replacement value thereof. Copies of such policies of insurance shall be deposited with the Association and the Association shall be satisfactorily assured at all times that all premiums for such insurance are paid in full. Such policies shall name the Association as an additional insured thereunder as its interests may appear, and all proceeds thereof shall be utilized solely for the repair and restoration such damaged Unit. If insurance proceeds are insufficient to repair or restore such damaged Unit, the Owner shall be responsible for any such deficiency. If an Owner shall default in performance of this requirement of procuring insurance, then the Association may procure such insurance in the name of the Owner and the cost thereof shall be assessed as a special assessment against such Owner's Unit and collected as herein provided. It shall be the responsibility of each Owner of his own Unit, including his additions, improvements, decorations, furnishings and personal property therein and his personal property stored else- where. In addition to all other obligations and responsibilities herein set forth with respect to each Owner, each such Owner shall not permit nor suffer anything to be done, kept or maintained in or upon his Unit which will operate to increase the insurance rates applicable to his Unit or any Common Area or which will obstructor interfere with the right of the Association of any Unit Owner to acquire insurance or which shall annoy any Unit Owner through unreasonable noise or othern•ise. -9- with plans and specifications for original construction or according to plans expressly approved by the Association prior to commencement of reconstruction and repair which such approval shall not be unreasonably withheld. VIII METHOD OF PROVIDING FUNDS 8.1 For the purpose of providing funds to enable the Association to perform the duties and to discharge the obligations imposed upon it, all of the affected property and Members owning same shall be subject to any annual general fund assessment to be paid to the Association by Owners of assessable interests. Such assessment shall be prorated as follows. (a) 100% on each development Unit. (b) 25% on each undeveloped lot owned by the Developer. For the purposes of this Section, a lot shall be undeveloped until such time as all initial permanent improvements constructed thereon have been completed, at which time such lot shall be designated a developed Unit. 8.2 The amount of the general fund assessment provided for in section 1 of this Article may be increased not to exceed ten percent (10%) in any given year from the prior year (excepting the first year's membership of the Association). Any increase in the annual assessment of twenty-five percent (25%) must be approved by majority vote of a Quorum of Members in attendance in person or by proxy at such meeting, at any general meeting or at a special meeting of Members; PROVIDED that at least ten (10) days Notice, in writing, shall be given and such Notice set out the reason, the purpose, and the need for the additional assessment. 8.3 For the purpose of providing a special fund assessment to be used and to enable the GATE WOODS HOMES ASSOCIATION, to repair; replace; construct and extent its facilities and property and to lease additional real property for the benefit of its Members, each assessable Unit may be specially assessed by the Association at an annual rate in an amount not exceeding the amount fixed for the annual general fund assessment as provided in Section 1 above for the year that such special assessment is approved. The amount of the special fund assessment against each assessable Unit shall be in the same proration as required in Section 1 above. Such assessment may be made by the Board of Directors of the GATE WOODS HOMES ASSOCIATION, subject to approval at a regular annual meeting or a -11- specially called meeting of each Class of Members entitled to vote. A majority of a Quorum of each Class of Members present or by proxy at such meeting shall be required to approve such an assessment. Notice of any such meeting for the approval of an assessment for one or more special funds shall be given as provided in Article 1 not more than thirty (30) days nor less than ten (10) days prior to the meeting; Such notice shall set forth the purpose for which the sums derived from the assessment or assessments are to be used, together with the estimated cost of the proposed project or projects, and the proposed time and method of payment. The sums paid to the Association on account of such special assessment shall be set aside and used for the specific purpose for which the special fund assessment is made, unless otherwise authorized by the Members of the association at a meeting duly called as herein provided. 8.4 The assessments made pursuant to Section 1,2 and 3 above shall be on a calendar basis and may be paid in the twelve (12) months installments beginning January 1" of each year. The assessments shall apply immediately to all new Owners of developed Units and shall be due on the first (1'7 day of the first full month after purchase. 8.5 User Fees and Charges. In addition to the general and special fund assessments, the Association Board may levy and collect charges and fees for the use of Common Area for the purpose of maintaining Common Area, operating services on Common Area, regulating the use of Common area and the services offered thereon. In addition, any costs incurred in bringing an Owner or his Unit into compliance with the provisions of this Declaration. IX LIMITATION OF EXPENDITURES 9.1 General Funds The Association shall at no time expend more money within any one (1) year for maintenance of Common Areas and Non-Common Areas than the total amount of the general fund assessment for that particular year and any surplus which it may have on hand from previous assessments, not shall the Association enter into any contract whatever biding the general fund assessment of any future year to pay for any such obligations, it being the intention that the general fund assessment for each year shall be applied as far as is practicable toward the payment of the obligation of that year, and the Association shall have no power to make a contract affecting the assessment for the general fund of any future or subsequent year. 9.2 Special Funds The limitations imposed upon the assessments for the general fund shall not apply to assessments for special funds. -12- X LIENS OF REAL ESTATE The assessment shall become a lien on the real estate against which it is levied as soon as it is due and payable; provided, however, that such lien shall be inferior and subordinate to the lien of any valid first mortgage which may hereafter be placed on said real estate. Once the assessment becomes delinquent, the payment of both principal and interest together with the cost of collection thereof, may be enforced as a lien on said real estate in proceeding in any Court in Platte County, Missouri having jurisdiction of suits for the enforcement of such liens. It shall be the duty of the Association to bring suits to enforce such liens before expiration thereof. The Association may at is discretion file certificates of nonpayment of assessments in the office of the Recorder of Deeds whenever any such assessments are delinquent. For each certificate so filed, the Association shall be entitled to collect from the Owner or Owners of the property described therein a fee of TWENTY DOLLARS ($20.00), which fee is hereby declared to be a lien upon the real estate described in said certificate provided that such lien shall be inferior and subordinate to the lien of any valid first mortgage now existing or which may hereafter be placed on said real estate. Such fee shall be collectible in the same manner as the original assessments provided for herein, and in addition to the interest and principal due thereon. Such liens shall continue for a period of five (5) years from the date of delinquency and no -onger, unless within such time suit shall have been instituted for collection of the assessment, in which case, the lien shall continue until termination of the suit and until sale of the property under execution of the judgment establishing same. XI TERMINATION OF LIENS The liens of the assessments herein before provided for shall continue for a period until paid. The Association may file in the Office of the Register of Deeds of the County itemized Notice of such delinquency setting forth the date of default or delinquency and the amount due, and the Association may institute an action in a Court of competent jurisdiction for the collection of the assessment, plus costs and attorney's fees, in which case the lien shall continue until the amount due the Association be paid. XII ARCHITECTURAL CONTROL Design Review Committee: The Association shall have a Design Review Committee consisting of three persons appointed (and removed) from time to time (a) by Declarant in its sole discretion (with no requirement of Homesite ownership or other criteria) until the Class B Membership shall cease as provided in Section 3.2 b. (b) by the Board of Directors of the Association after the Turnover Date. The Design Review Committee shall have the right to approve or disapprove, as to quality, appearance and harmony of external design or location in relation to surrounding -13- structures and topography and the harmonious development of the District as a whole, all buildings, structures or apparatuses (permanent or temporary), landscaping, irrigation systems, fences, recreational facilities (pools, tennis courts and the like), walls, signs, exterior lights, driveways and walkways (all alterations, changes and additions to any of the foregoing), and all changes in or alteration of grade (collectively, "Improvements" ), which may 6e erected, placed, maintained or undertaken in or upon any part of the District. All Improvements erected, placed, maintained or undertaken in the District by the Developer until the Turnover Date shall be deemed approved by the Design Review Committee. Design Standards: In order to achieve uniformity and coordination within the District and carry out the purposes of the Design Review Committee, design standards (" Design Standards")shall be established by the Design Review Committee. The Design Standards may, from time to time, be amended, supplemented or repealed by the Design Review Committee. All improvements withing the District shall conform to the Design Standards. Construction Period Requirements: The Design Review Committee shall have the right to establish measures to be observed during the period of construction on a Homesite in order to minimize disturbance to adjacent sites, and all parties involved in such construction shall be required to observe such measures. Residence Design: Without limiting the requirement that improvements conform to the Design Standards, the following shall apply: (a) General Design. The design of each residence shall be subject to the approval of the Design Review Committee and, without limiting the foregoing, shall comply with the following criteria: (1) appropriateness of form, color and materials to design style; (2) relationship of window to wall and wall to total form (well designed massing); (3) appropriateness of detailing to form, style and massing; and (4) proportions of roofs being consistent with the proposed architectural style. (b) Exterior Materials and Colors. All exterior materials and the color of all exterior materials (including paint) shall be approved by the Design Review Committee. Residences shall be faced on all sides with quality materials consistent in design and appearance with the immediately surrounding residences, which facing must be approved by the Design Review Committee. Exposed standard concrete block, prefabricated metal buildings, simulated brick, stone, and batt and board are not permitted. Unless otherwise approved by the Design Review Committee, window frames shall be (i) vinyl or wood with vinyl-cladding, and (ii) of the same quality and appearance as window frames on other residences throughout the District. -14- No unpainted aluminum will be permitted for window framing. Exposed foundations shall be painted and those exceeding 12 inches shall be covered with the same quality face material as the residence. Roofs shall be covered with weathered-wood colored composition shingles with a minimum 40-year written manufacturer's warranty. (c) Construction Location and Size Limitations. (1) No exterior alteration of or construction upon any existing building shall be made without the prior approval of the Design Review Committee. In granting or denying its approval, the Design Review Committee shall consider, among other things, the impact of the alteration or construction upon other Homesite owners, visibility sight-lines and general aesthetics. No additional windows, platforms, etc. which may invade the privacy of adjacent dwellings ar permitted. (2) Once commenced, construction of improvements shall be diligently pursued to completion, and improvements may not be left in a partly finished condition for more than 30 days without written approval from the Design Review Committee. (3) Subject to the provisions of Section 7.2, residences destroyed by fire or other casualty shall be demolished and removed from the Homesite and new construction begun withing three months after the date of such destruction, and thereafter such construction shall be performed with due diligence through completion. (4) All residences shall have a minimum 1000 square feet on the first floor. (5) All residences and other Improvements shall be located on each Homesite as approved by the Design Review Committee and in full compliance with any setback lines or restrictions shown on the Plat. (6) No window or wall air conditioning or heating units will be permitted. (7) No screening of patios or other recreational area will be installed without the written approval of the Design Review Committee. (8) Fences (including invisible fences that extend beyond a particular Homesite) are not permitted without prior written Design Review Committee approval. Except for fences furthering privacy purposes, fences are not encouraged because the nature, placement and size of the Homesites are not conducive to fenced areas and because fences fragment the landscape of the District. All fencing and walls (including the composition and location -15- thereof) shall be subject to the approval of the Design Review Committee, No chain link, wire, or stockade fencing shall be permitted. Review Process. Signed plan approval by the Design Review Committee is required prior to the undertaking of any site improvements, construction or installation, including clearing, grading, paving, signs, structures, landscaping, building additions or alterations. Submission to the City for building permits or site plan approval should not be made until final plans have been approved by the Design Review Committee. All submissions to the Design and Review Committee are to be made within the time periods to be established from time to time by the Design Review Committee. The initial Review of each submission by the Design Review Committee. The initial Review of each such submission by the Design Review Committee will be carried out wihing 20 working days from the date of each submission, and notification or recommendations, approval or disapproval will be provided in writing to the Owner at that time. Interpretation Waiver. The Design Review Committee's interest in reviewing site and building designs is to assure that a high quality of compatible development is consistently achieved. In order to meet special situations which may not be forseen, it may be desirable from time to time for the Design Review Committee to allow variances of certain requirements. Any variance granted is considered not to be precedent setting because the decision is being made in the context of the specific project in question with the welfare or the overall District in mind.. All approvals and consents of the Design Review Committee shall be in writing, and oral approvals or consents shall be of no force or effect. Desigg Review Committee Authority and Limits of Liability. (a) The Design Review Committee may delegate its plan Review responsibilities to one or more of its members or to architectural consultants retained by the Design Review Committee. Upon such delegation, the approval or disapproval of plans and specifications by such member or consultants shall be equivalent to approval or disapproval by the entire Design Review Committee. (b) The establishment of the Design Review Committee and the Design Standards shall not be construed as impairing the obligation of any Owner to maintain or repair his Homesite as may otherwise be specified in this Declaration or in the Association's Bylaws. (c) No residence, fence, wall or other structure or other improvements of any type shall be commenced, erected or maintained within the District, nor shall there be any addition to or change to the exterior of any residence or other structure or improvement upon a Homesite, or the landscaping, grading or drainage thereof, including the painting (other than painting with the same color of paint as previously existed) of exterior trim and walls, patio covers and fences, except in compliance with plans and specifications therefor which have been submitted to and approved by the Design Review Committee. The Design Review Committee may reject plans and specifications, without -16- citing specifics, for the following reasons, among others: (1) insufficient information to adequately evaluate the design or its intent; (2) poor overall design quality; (3) incompatible design elements; , (4) inappropriate design concept or design treatment; or (5) a design found to have an adverse effect on the character of the District or its residents. In recognition of the fact that the overall impact of Improvements on any Homesite involves issues of taste and judgment which cannot be completely reduced to Design Standards, the Design Review Committee shall also have the right, in its sole discretion, to reject plans and specification conforming to the Design Standards if the Committee believes that the overall aesthetic impact of any proposed improvement, addition, alteration or change is detrimental to the District. (d) By its approval of plans and specifications, the Design Review Committee shall not be deemed to have approved the same for engineering design or for compliance with zoning and building ordinances, and by approving such plans and specification neither Developer nor any partner thereof, the Design Review Committee nor any member thereof, nor the Association nor any member, officer or director thereof, assumes any -iability or responsibility therefor, or for any defect in any structure constructed from such plans and specification. Neither, Developer nor any partner thereof the Design Review Committee nor any member thereof, nor the Association nor any member ,officer or director thereof, shall be liable to any Owner or other person or entity for any damage, loss, cost or prejudice suffered or claimed on account of (I) the approval or disapproval of any plans, drawing and specification, whether or not defective, (2) the construction or performance of any work, whether or not pursuant to approved plans, drawing-and specifications, or (3) the development or manner of development of any property within the District. Approval or plans and specifications by the Design Review Committee is not, and shall not be deemed to be a representation or warranty that said plans or specifications comply with applicable governmental ordinance or regulations, including zoning ordinances and building codes. -17- (e) Any member or authorized consultant of the Design Review Committee, Declarant or its representatives, or any authorized officer, director, employee or agent of the Association may at any reasonable time, after reasonable notice to the Owner, enter upon any Homesite without being deemed guilty of trespass in order to inspect improvements constructed or being constructed on such Homesite to ascertain that such improvements have been or are bing built in compliance with the plans and specifications approved by the Design Review Committee, the Design Standards and this Declaration. The Design Review Committee shall cause such an inspection to be undertaken within a reasonable time (not to exceed 60 days) after a request therefor from any Owner as to his Homesite, which request shall contain an affirmative statement by such Owner of his good faith belief that he is in compliance with the approved plans and specifications, the Design Standards and the other provisions hereof. If such inspection reveals that the Improvements located on such Homesite have been completed in compliance with the requirements of the Design Review Committee, the Design Standards and the other provisions hereof, the Design Review Committee shall provide to such Owner a notice of such approval in recordable form which, when recorded with the Register of Deeds, shall be conclusive evidence of compliance with the requirements of the Design Review Committee and the Design Standards as to the improvements described in such recorded notice, but as to such improvements only. (f) The Association may promulgate such rules and regulations as it deems to be appropriate and as are not in conflict with this Declaration in order to enforce compliance ~•ith the Design Standards. Public Approvals. All pertinent requirements of public agencies shall be complied with in the development of each Homesite, and all plans must be approved by the appropriate departments of the City. Without limiting the foregoing, the design of and fence crossing a drainage area must be reviewed and approved by the Director of Public Works of the City to assure that the fence does not restrict water flow. Each Owner must verify code requirements at the time of purchase and development. Although based in part on local zoning and subdivision regulations, the Design Standards may be more restrictive as to land use restriction, site development standards, landscape requirements or other matters. In every case in which the Design Standards or approvals given by the Design Review Committee are at variance with public agency requirements, the more restrictive regulations shall govern. Final legal approvals permitting development and occupancy of each Homesite Rill be made by the City. After development is substantially completed Architectural control for GATE WOODS HOMES ASSOCIATION shall be vested in the Architectural Control Committee of the Association as established in the By-Laws. Until development of all tots is completed and filing of surveys of all units has been made the architectural control shall remain with the declarant, its sucessors or assigns. Such Committee shall establish reasonable standards regulating modification or changes to all exterior surfaces of improvements located on any Unit of Common area and any chap a or alteration in the plans and specifications thereof including, but not limited to, ~ nature and kind of materials, shape, -18- height, exterior colors, and location. Failure on the part of the Architectural Committee to act upon any written proposal submitted to and accepted by it in writing for consideration within a reasonable time shall authorize submission of such proposal directly to the Board of Directors of the Association for action. The Architectural Committee shall similarly review and make recommendations to the Board of the Association concerning all structures and improvements to be built, altered, modified or repaired situate on the Common Area, all land development configurations on the Common Area, all fences and enclosures of any type or nature whatsoever erected, placed or maintained in the Common Area. XIII USE REGULATIONS 13.1 No signs, billboards, unsightly objects, or nuisances shall be erected, placed, hung or displayed in any manner on any Unit, any part of the Common Area, or any public right-of-way adjoining any Unit of Common Area, or in or on the improvements thereon, so as to be externally visible, provided, that DECLARANT may maintain, while constructing and developing GATE WOODS, in or upon such portions of Units or the Common Area as DECLARANT shall determine, such facilities as in its sole discretion may be necessary or convenient, including, but without limitations, offices, storage areas, model units, signs, billboards and display and promotional materials, and provided further the Association may place identification signs for the property within the Common Area. 13.2 No awnings, storm sash or windows, canopy, shutter, radio or television antenna shall be affixed to or placed upon any improvements on any Unit of in the Common Area in such manner as to be externally visible without the prior written approval of the Association. 13.3 No animals, livestock or poultry of any kind shall be raised, bred, or kept on or in any Unit or any part of the Common Area except that domestic dogs, cats or other common household pets (not to exceed a total of two (2) pets per Unit) may be kept, provided that such pets are not kept, bred or maintained for any commercial purpose. All permitted household pets shall at all times be kept inside the Unit and enclosed patio area of any such Unit unless on leash. 13.4 No rubbish, trash, garbage or debris of an Owner of from a Unit shall be externally visible at any time except when placed outside for the purpose of being collected and removed in accordance with trash pick-up service utilized by the Association. 13.5 Except in the individual patio area appurtenant to an improvement constructed on a Unit as designated on DECLARANT's plans for such improvement, no planting, transplanting or gardening shall be done, and no fences of walls shall be erected or maintained upon any Unit except as installed in -19- accordance with the initial construction of the improvements or as approved by DECLARANT during construction of the improvements or as approved by DECLARANT during construction and development of GATE WOODS, or the Association after the initial construction period. As used in these Declarations, the term "patio" shall mean the private space within a Unit which is adjacent to the improvements constructed thereon and located entirely within such Unit tract. All other area, whether or not within a Unit Tract shall be maintained and deemed to be a part of the Common area for the purpose of maintenance, care and regulation Maintenance, upkeep and repairs of any patio shall be the s81e responsibility of the Owner of such Unit and not in any manner the responsibility of the Association, provided that the exterior of any patio fence shall be maintained by the Association in the same uniform color as all other patio fences, unless the Association shall otherwise permit. 13.6 Except for the usual and customary passenger automobiles and temporary maintenance or service vehicles, no trailers, trucks, house trailers, boats, boat trailers or racks, mobile homes , or recreational vehicles of any type (even if temporarily inoperative or unlicensed) may be kept so as to be visible on any portion of the Property. XIV DAMAGED STRUCTURES In the event of fire, windstorm or other damage, no building shall be permitted to remain with its exterior in a damaged condition longer that six (6) months. The Association shall have the right at its discretion to grant extension for periods of no more that two (2) months. Extensions shall be subject to renewal by the Association but in no event shall the exterior of any building or Unit be permitted to remain in a damaged condition for more that twelve (12) months. In the event an Owner fails to comply with the time limitation set forth herein, liquidated damages of ONE HUNDRED DOLLARS ($100.00) per day shall accrue against such Owner and shall become a lien upon such Owner's Unit. XV ENFORCEMENT DECLARANT and all present and future Owners of any Unit and all permanent occupants thereof shall at all times be subject to and shall comply with the provisions of the Declaration, the By-Laws of the Association, and such rules and regulations as the Association may promulgate from time to time. Acceptance of any deed or other conveyance of any Unit shall constitute the agreement of the Owner or Owner's thereof that the provisions of this Declaration, the By-Laws of the Association and such rules and regulations as promulgated by the Association from time to time are accepted and ratified by such Owner or Owner's and all such provisions are and shall be deemed to be covenants running with the land and shall bind all persons at any time having an interest in such Unit with the -20- same force and effect as though such provisions were expressly recited and stipulated in each and every deed or conveyance thereof. Either the Association, or any Owner shall have the right to enforce by any proceeding at law or in equity, all covenants, conditions and restrictions applicable to GATE WOODS imposed by this Declaration. Failure of the Association or any Owner to enforce any covenant or restriction herein contained shall not be deemed to be a waiver of any right to so enforce the same at any time thereafter, XVI GENERAL 16.1 Public Utility Easements. To the extent easements or rights-of-way for utility services are deemed necessary or desirable by Declarant during the construction of any phase of GATE WOODS, or by the Association at any and all times following transfer of title to any Common Area by Declarant to the Association, Declarant or the Association, as the case may be, shall have and is hereby reserved and granted the right at any time to locate, erect, construct, maintain, use or to authorize the location, erection, construction, maintenance and use of gas mains and lines, electric and telephone lines, television antenna lines and any and all other utilities and services not herein granted to the City of Riverside, Missouri, and to give or grant easements or rights-of-way thereof over, under, upon and through any portion of or all of any Common areas as may be reasonably necessary for the installation, maintenance, and repair of such easements without the consent of any record Owner or Owner's of any Unit in GATE WOODS. 16.2 Easement for Right-of-Way. Notwithstanding any certified legal description of any Unit, any recorded Certificate of Survey of any Lot, the Development Plan, or Plat of the Property, in the event any portion of any Unit is not covered or occupied by improvement originally constructed thereon nor enclosed within any patio fence originally placed on such Unit by the original builder thereof, then all such portion of any Unit is and shall be subject to a continuing easement of right-of-way for the common use of all members of the Association, their families residing with them, their guests and invitees and such easement is hereby granted for such use. 16.3 Encroachments. In the event any portion of any improvement actually constructed upon any Unit shall at any time encroach upon any other lot or upon any portion of the Common Area as shown on the Development Plan, a Certificate of Surve}~ of the final Plat, an easement for such encroachment and for the maintenance of the same so long as such building improvement or condition shall remain unaltered shall exist and is hereby granted for such purpose. Further, in the event of any deviation between placement of improvements as shown on the recorded Certificate of Survey and as actually constructed, the improvements as actually constructed and in place shall control and shall constitute the legally described Unit. -21- 16.4 Condemnation. In the event of any taking of all or any portion of the Property through the lawful exercise of the power of eminent domain under Missouri law, the Association acting through its Board of Directors shall have authority to negotiate such condemnation with respect to any Common Area affected by said condemnation as representatives of all members thereof and may execute and deliver an appropriate conveyance in lieu of condemnation on behalf of the Association in connection with any negotiated settlement thereof. All proceeds of condemnation allocable to the taking of any Common Area whether received through negotiation, judgment, or otherwise, shall be allocated first to the repair, replacement, or restoration of the remaining Common Area and the balance, if any, shall be distributed pro rata among Owners of remaining Units in GATE WOODS. No provisions hereof shall impair or affect in any way the right of any Owner of a Unit nor his mortgagee damaged or affected by the exercise of the power of eminent domain to seek and have just damages therefor. 16.5 Severability. The invalidity or partial invalidity of all or any portion of this Declaration shall not be deemed to impair of affect the validity, enforceability or effectiveness of the remainder thereof nor the individual contract rights of each Owner/Member of the Association, and in such event, the remaining provisions of this Declaration shall continue in full force and effect. 16.6 Amendment. This Declaration may be amended and modified only upon the affirmative vote of not less than seventy-five percent (75%) in the aggregate of all members of each class of the Association entitled to vote in person or by proxy at any meeting duly held for such purpose in accordance with the By-Laws except that no amendment or modification of the Declaration shall be valid or enforceable if contrary to applicable law. No such amendment or modification hereof shall be effective until the same has been recorded in the office of the Recorder of Deeds of Platte County, Missouri. XVII DURATION OF RESTRICTIONS The restrictions set forth shall continue and be binding upon the parties hereto, their heirs, administrators, successors and assigns, for a period of Thirty (30) years from date hereof and shall automatically be continued thereafter for successive periods on ten (10) years each, unless the same shall be modified, amended or terminated as set forth in Article XVI. -22- IN WITNESS WHEREOF, DECLARANT has caused this Declaration to be executed the day and year first above written. GATE OOD DEV LOPMENT, LLC. "DECL RA " By By STATE OF MISSOURI ) )SS COUNTY OF PLATTE ) On this day of 2000, before me, the undersigned, a Notary Public, personally appeared James G. Trimble and Ralph C. Schmude ,who being by' me duly sworn did say that they are managing members of GATF, WOODS DEVELOPMENT, LLC., a Missouri Limited Liability Company and acknowledged that they executed the foregoing instrument and signed it on behalf of said Company and acknowledged said instrument to be the free act and deed of the said Company. Notary Public My Commission Expires -23- COVF,NANT AND AGREEMF,NT GATE WOODS DEVELOPMENT, LLC ("Owner") over the property described on Exhibit A, attached hereto and incorporated herein by this reference ("Property") has agreed that in connection with the development of the Gate Woods Subdivision that the undersigned will pay for the share identified below of the costs of the improvement of 50'~ street adjacent to the South side of the property and which is deemed necessary for the development of the property. The owner will deposit with the City of Riverside, who will be responsible for the design and construction of that portion of ~0"' Street, a sum equal to 50% share of the costs of such construction but excluding any cost for design or replacement of any drainage structure under 50'~ Street . The owner shall be obligated to pay such amount to the City of Riverside prior to awarding a contract for the work. In the event the deposit exceeds the 50% share, then the balance may he refunded to the owners and in the event that 50% of the cost exceeds the deposit, then the owner shall be obligated to pay such additional amount to the City of Riverside within thirty (30) days of being billed by City and prior to the issuance of any further permits. This Covenant may be enforceable by the City of Riverside or any subsequent owners of all or any part of said described property. This Covenant shall run with the land and be binding upon successors and assigns. GATT WO~~S DE~, -, OPMENT, L.L.C. ~ ~ ~ ~~ ` ^ Jam~fi ~:• "I'rimhlc ~~ ~ Ralp Schmuck STATE OF MISSOURI ) ss. COUNTY OF PLATTE ) c~ -t' On this ~ day of ~~_~ 2000, before me, appeared James G. Trimble, and Ralph Schmude to me personally known, who being by me duly sworn, did say that they are Members of Cate Woods Development, L.L.C., a Missouri limited liability company, and that said instrument was signed in behalf of said limited liability company buy authority of its Operating Agreement and said James G. Tri~~eble and Ralph Schmude acknowledge said instrument to be the free act and deed of said limited liability company. IN WITNESS WHEREOF. I have hereunto set my hand and affixed my notarial seal at my office the day and year last above ritten. ~-_, C-_- ~. \ • - J ~-~ MYRAASTCIRM Notary ublic NOTARY PUBLIC STATE OF MISSOURI PLATTE COUNTY APPROVED: City Attorney OFFER OF DEDICATION KNOW ALL PERSON BY THESE PRESENTS: FOR RECORDERS USE ONLY THIS OFFER OF DEDICATION is made and executed this day of March, 2000 by, and between, GATE WOODS DEVELOPMENT, LLC as ("Owner") and the CITY OF RIVERSIDE, MISSOURI, a Missouri Municipality ("CITY") WITNESSETH THAT: WHEREAS, Owner owns certain real estate in Riverside, Platte County, Missouri, as described in the attached EXHIBIT A., and WHEREAS, the City has zoned said property as a Planned Development District and approved a preliminary Plat for development of 73 Patio Homes, and WHEREAS, pursuant to Section 485.200 if the City Zoning Ordinance the final Plat shall contain an irrevocable offer for dedication to the City all streets municipal use, easements, parks and required utilities shown in the Subdivision Plat and construction plans, and WHEREAS, a final plat has been submitted to the city for Gate Woods Subdivision, 1" Plat, the owners hereby make an irrevocable offer and agreement to make such dedications at such time as said final plat is approved and agree that this document shall dedicate the necessary right of way for the improvement of 50`h street in the event that City is prepared to do work in that road prior to the final plat being approved and filed. The description of the right of way so dedicated is attached hereto as EXHIBIT B. This Agreement shall bind, and inure to the benefit, of the parties hereto, and their respective transferees, successors, and assigns, and shall run with the land. IN T S EREOF, the parties hereto have executed this Agreement on the day and year bov iitte GAITE WO DEVELOPMEN, , LC l By g C Jame~lG. Trimble Ralph Schmude STATE OF MISSOURI COUNTY OF PLATTE ) ~3'~ -It day of March, 2000 before me appeared James G. Trimble and On this Ralph Schmude who declared themselves to be authorized to execute instrument on behalf of GATE WOODS DEVELOPMENT, LLC and to me known to be the persons described in, and who executed the foregoing instrument; and they acknowledged that they executed the same as their free act and deed, of GATE WOODS DEVELOPMENT, LLC to WITNES WHE pF, I have he,~r/e~upto set my hand, and affixed my notary seal, at my officg in ~c~a Y' ~'/~ i ~ ~ -Q ' " I I ~SE~ U 1'' i ,the day and year above written. otary ~uVblic in and for said County and NOTARY PUB ~A p ~~~ PIATTE COUNTY 1~"COMMISSIOiV EXP nFr ~ w[ APPROVED: City Attorney EXHIBIT A DESCRIPTION All that part of the Southwest Quarter of Section 33, Township 51, Range 33, Riverside, Platte County, Missouri, being more particularly described as follows: Commencing at the Southeast corner of the Southwest Quarter of said Section 33, thence along the East line of said Southwest Quarter, North 00 degrees, 26 minutes, 13 seconds East 699.49 feet to a point 40 feet North of the Southeast corner of the North half of the Southeast Quarter of the Southwest Quarter of said Section 33, thence parallel to the South line of the North half of said Quarter Quarter Section, North 89 degrees, 08 minutes, 50 seconds West, 49.9 feet to a point on the West Right-of--Way line of Gateway Drive as described by instrument recorded May 8, 1933 in Book 1 at page 132, said point also being on the North Right-of-Way line of NW 50th Street as established by HANSEN HEIGHTS, a subdivision in said City, County and State; thence along the North Right-of-Way line of said NW 50`h Street, 40 feet North of and parallel to the South line of the North half of said Quarter Quarter Section, North 89 degrees, 08 minutes, 50 seconds West, 333.80 feet; thence continuing along the North Right-of-Way line of said NW 50"' Street, South 76 degrees, 49 minutes, 19 seconds West, 70.18 feet to the POINT OF BEGINNING; thence continuing along the North Right-of-Way line of said NW 50`h Street, South 76 degrees, 49 minutes, 19 seconds West, 94.80 feet to a point on the South line of the North half of said Quarter Quarter Section; thence along the South line of the North half of said Quarter Quarter Section and continuing along the North Right-of--Way line of said NW 50`n Street, North 89 degrees, 08 minutes, 50 seconds West, 160.35 feet (HANSEN HEIGHTS = 160 feet); thence continuing along the North Right-of-Way line of said NW 50`h Street the following courses and distances; North 75 degrees, 09 minutes, 54 seconds West, 165.55 feet; thence South 88 degrees, 16 minutes, 45 seconds West, 407.85 feet; thence leaving the North Right-of-Way line of said NW 50`h Street, North 00 degrees, 21 minutes, 19 seconds West, 692.39 feet; thence North 24 degrees, 50 minutes, 56 seconds West, 111.74 feet; thence North 49 degrees, 12 minutes, 59 seconds West, 81.28 feet, thence North 12 degrees, 04 minutes, 51 seconds East, 454.04 feet to a point 20 chains East of the West line and 10 chains South of the North line of the Southwest Quarter of said Section 33, thence South 89 degrees, 28 minutes, 14 seconds East, 899.90 feet to the Northwest corner of a tract of land described by Document No B - 3519 said point being 400 feet West of the East line of the Southwest Quarter of said Section 33; thence along the West line of said tract of land described by Document No B -3519. South 00 degrees, 26 minutes, 13 seconds West, 329.75 feet (deed = 330.00 feet) to the Southwest corner thereof; thence along the South line of said tract of land, South 39 degrees, 26 minutes, 04 seconds East, 43.02 feet to a point 300 feet West of, as measured at right angles to the West Right-of--Way line of Gateway Drive as described instrument recorded May 8, 1933 in Book 1 at Paage 135; thence parallel to the West Right-of--Way tine of said Gateway Drive, South 00 degrees, 40 minutes, 47 seconds East, 338.37 feet; thence in an Easterly direction along a curve to the left (having a radius of 95.00 feet and on initial tangent bearing of South 67 degrees, 46 minutes, 24 seconds East), 36.01 feet to a point of tangent; thence South 89 degrees, 29 minutes, 32 seconds East, 265.05 feet to a point on the West Right-of-Way line of Gateway Drive as EXHIBIT B LEGAL DESCRIPTION OF ADDITIONAL ROAD R/W DEDICATION FOR 50T" STREET, RIVERSIDE, MISSOURI. All that part of the Southwest Quarter of Section 33, Township 51, Range 33, Riverside, Platte County, Missouri, being more particularly described as follows: Commencing at the Southeast corner of the Southwest Quarter of said Section 33; thence along the East line of said Southwest Quarter North 00 degrees, 26 minutes, 13 seconds East, 699.49 feet to a point 40 feet North of the Southeast corner of the North half of the Southeast Quarter of the Southwest Quarter of said Section 33; thence parallel to the South line of the North half of said Quarter Quarter Section, North 89 degrees, 08 minutes, 50 seconds West, 49.9 feet to a point on the West Right-of--Way line of Gateway Drive as described by instrument recorded May 8, 1933 in Book 1 at Page 132, said point also being on the North Right-of-Way line of NW 50'" Street as established by HANSEN HEIGHTS, a subdivision in said City, County and State; thence along the North Right-of--Way line of said NW 50'h Street, 40 feet North of and parallel to the South line of the North half of said Quarter Quarter Section, North 89 degrees, 08 minutes, 50 seconds West, 333.80 feet; thence continuing along the North Right-of-Way line of said NW 50'n Street, South 76 degrees, 49 minutes, 19 seconds West, 70.18 feet to the POINT OF BEGINNING; thence continuing along the North Right-of-Way line of said NW 50`h Street, South 76 degrees, 49 minutes, 19 seconds West, 94.80 feet to a point on the South line of the North half of said Quarter Quarter Section; thence along the South line of the North half of said Quarter Quarter Section and continuing along the North Right-of--Way line of said NW 50`h Street, North 89 degrees, 08 minutes, 50 seconds West, 160.35 feet (HANSEN HEIGHTS = 160 feet); thence continuing along the North Right-of--Way line of said NW 50`" Street the following courses and distances: North 75 degrees, 09 minutes, 54 seconds West, 165.55 feet; thence South 88 degrees, 16 minutes, 45 seconds West, 407.85 feet; thence leaving the North Right-of--Way line of said NW 50`h Street, North 00 degrees, 21 minutes, 19 seconds West, 5 feet; thence North 88 degrees, 16 minutes , 45 seconds East 408.46 feet; thence South 82 degrees, 00 minutes, 53 seconds East 322.36 feet; thence North 76 degrees, 49 minutes, 19 seconds East, 95.40 feet; thence South 00 degrees, 27 minutes, 13 seconds West, 5 feet to the point of beginning.