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Home My WebLink AboutDeclaration/covenants/conditions/restrictions/easements . � Z�o� � �r�v o� �'. . '� � .� , � - �:U:.3��. , � ) ' �� - �� '� W F- � Q ��• � � T ; � Vt � i U � C, � , l�' - C� — �� Q"� �Cr W cn�'- � � � __ `II W� ~ � M �c~n r.�„ ; _ �y-U p � �� `� � 4 � p U U�i� r� lr f � ' � Z j_ �y� � -, - � �� c;'� � � = O ZU ' W ...� . . -_.. _ �� - _ � _� � =� DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS i, FOR �, ` ;SUGAR WOODS :;� .. ;�: � �' � �'.;� � � �� .� � � W.i � � c�� «, �.� ",;� , �, .: � �"§y" � � `a+`� �-- >. �n��'; � �' ��S ��.�, ne e;, ; p� ��♦�,lyw3� _c:ii y �...�y<- � �, ..: E� ^�- � S.)e'' .'_r^p ;e.� ;'�`�J �y ��+ v)- :� :�s,. «.+eo.� THIS INSTRUMENT WAS DRAFTED BY: LEONARD, STREET & DEINARD (F�'IM) 150 South Fifth Street, Suite 2300 Minneapolis, Minnesota 55402 612/335-1562 y�!"�o TABLE OF CONTENTS PaQe ARTICLE I DEFINITIONS 1 ARTICLE II PROPERTY RIGHTS 3 Section 1. Owners ' Easements of Enjoyment 3 Section 2 . belegation of Use 3 Section 3 . Right of Ingress and Egress 3 Section 4 . Utility Easements 3 ARTICLE III COMMON AREA MAINTENANCE 4 Section 1. Sugarwoods Drive 4 Section 2 . Utility Lines 4 Section 3 . Private Woodland Preserve 6 Section 4 . Entrance Monuments 6 Section 5. Other Common Facilities 6 Section 6. Costs 7 ARTICLE IV INSURANCE 7 Section 1. Casualty Insurance on Insurable Common Area 7 Section 2 . Liability Insurance 7 Section 3 . Fidelity Bond 7 section 4 . Replacement or Repair of Property. 8 Section 5. Coverage, Loss Adjustment 8 Section 6. Other Insurance; Annual Review of Policies 8 ARTICLE V MEMBERSHIP AND VOTING RIGHTS 8 Section 1. Membership Appurtenant to Ownership 8 Section 2. Classes of Voting Members 8 - i - TABLE OF CONTENTS, Cont'd. Paae ARTICLE VI COVENANT FOR ASSESSMENTS 9 Section 1. Purpose of Assessments 9 Section 2 . Creation of the Lien and Personal Obligation for Assessments 9 Section 3 . Annual Assessments 9 Section 4 . Emergency Fund Assessments 10 Section 5. Sinking Fund Assessments 10 Section 6. Capital Assessments 11 Section 7. Separate Assessments il Section 8. Uniform Rate of Assessment il Section 9. Effect of Nonpayment of Assessments; Remedies of the Association 11 Section 10. Late Payment 12 Section li. Subordination of the Lien to Mortgages 12 ARTICLE VII ARCHITECTURAL CONTROL 12 Section 1. Architectural Control Committee 12 Section 2 . Design Review 12 Section 3 . Review Period 13 ARTICLE VIII RENTAL OF LOTS 13 Section 1. General Lease Provisions 13 Section 2 . Length of Tenancy 13 Section 3 . Adoption of Association Documents 14 Section 4 . Liability for Association Assessments 14 - ii - TABLE OF CONTENTS. Cont'd. Paae ARTICLE IX ADDITIONAL RESTRICTIONS 14 Section 1. Residential Use 14 Section 2 . House Size 14 Section 3 . Accessory Structures 15 Section 4 . Obstruction of Common Area 15 Section 5. Pets 15 Section 6. Home Occupations 15 Section 7 . Clotheslines 15 Section 8. Signs 15 Section 9. Antennas 15 Section 10. Trash 16 Section 11. Nuisance; Illegal Activities 16 Section 12. Utility and Dranage Easements 16 Section 13. Rules and Regulations 16 Section 14. Building Setback Area 16 Section 15. Building Pad 17 Section 16. Lot Coverage 17 Section 17. Driveways 18 ARTICLE X ADMINISTRATIVE PROVISIONS 18 Section l. Enforcement 18 Section 2 . Severability 19 Section 3 . Amendment 19 Section 4 . FNMA Provisions 19 - iii - DECLARATION - OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS FOR SUGAR WOODS THIS DECLARATION is made ` ,' ,.�. , �' , 1989 by REBERS CONSTRUCTION CO. , a Minnesota cor oration ("Declarant") . RECITALS A. Declarant is the fee owner of certain property in the City of Orono, County of Hennepin, State of Minnesota, legally described as follows: Lots 1 through 6, Block 1; Lots 1 through 6, Block 2; Lots 1 through 5, Block 3 ; Lots 1 through 8, Block 4 ; and � Outlots A, B and C; all in SUGAR WOODS, according to the recorded plat thereof. B. Declarant desires to subject said property to certain covenants, conditions, restrictions and easements for the benefit of said property. DECLARATION � j � , NOW THEREFORE, Declarant hereby declares that all of the �:. +'` property described above shall be held, sold and conveyed subject to the following covenants, conditions, restrictions and easements, , which are for the purpose of protecting the value and desirability ` , � of, and which shall run with, said property and be binding up on . } ��. all parties having any right, title or interest in said property � ` or any part thereof, their heirs, successors and assigns, and shall ' „ - inure to the benefit of each owner thereof. . ' _ - ARTICLE I `'``� DEE.INITIONS 4 .. , 1. "Assessments" shall mean Annual Assessments, Emergency Fund Assessments, Sinking Fund Assessments, Capital Assessments and , ' Separate Assessments, as described in Article VI. 2 . "Association" shall mean Sugar Woods Homeowners Association, Inc. , a Minnesota nonprofit corporation, its succes- sors and assigns. 3 . "Board" means the Board of Directors of Sugar Woods Home- owners Association, Inc. 4 . "Building Setback Areas" means the following areas of each and every Lot: (a) The front 50 feet, rear 50 feet and side 40 feet of Lots 1 through 4 of Block 1; and � (b) The front 50 feet, rear 50 feet and side 30 feet of all other lots in Blocks 1, 2 , 3 and 4 . 5. "City" shall mean the City of Orono, a Minnesota municipal corporation. 6. "Common Area" shall mean all real property (including any improvements thereon) owned by the Association for the common use and enjoyment of the Owners. The Common Area to be owned by the Association at the time of the conveyance of the first Lot is legally described as Outlots A, B and C, SUGAR WOODS, Hennepin County, Minnesota. 7. "Declarant" shall mean Rebers Construction Co. , a Minnesota corporation, its successors and assigns, if such suc- cessors or assigns should acquire more than one undeveloped Lot from the Declarant for the purpose of development. 8. "FNMA" means Federal National Mortgage Association. 9. "Lot" shall mean any parcel of land shown upon any recorded plat of the Properties, except for the Common Area. 10. "Member" shall mean the Owner of a Lot in its capacity as a member of the Association. il. "Owner" shall mean the record owner, whether one or more persons or entities, of fee simple title to any Lot which is a part of the Properties. However, if a Lot is being sold by a recorded contract for deed, then the contract vendee shall be deemed the "Owner" rather than the contract vendor. 12 . "Private Woodland Preserve" means Outlots A and B, SUGAR WOODS and those portions of Outlot C, SUGAR WOODS that are not improved with Sugarwoods Drive. 13 . "Properties" shall mean the real property in the City of Orono, County of Hennepin, State of Minnesota, legally described as follows: Lots 1 through 6, Block 1; Lots 1 through 6, Block 2; Lots 1 through 5, Block 3; Lots 1 through 8, Block 4 ; and Outlots A, B and C; all in SUGAR WOODS, according to the recorded plat thereof. 2 14 . "Sugarwoods Drive" means the private road within Outlot C, SUGAR WOODS. ARTICLE II PROPERTY RIGHTS Section 1. Owners ' Easements of Enioyment. Every Owner shall have an equal right and easement of enjoyment in and to the Common Area, which shall be appurtenant to and shall pass with the title to every Lot, subject to the following provisions: (a) The Association has the right to suspend the voting rights and the right to use recreational facilities by an Owner for any period during which any assessment against his Lot remains unpaid, and for a period not to exceed 60 days for any infraction of its published rules and regulations. (b) The Association has the right to dedicate or transfer all or any part of the Common Area to any public agency, authority or utility for such purposes and subject to such conditions as may be agreed to by the Members. No such dedication or transfer shall be effective unless (i) an instrument agreeing to such dedication or transfer signed by sixty-seven percent (67�) of each class of Members has been recorded and (ii) a resolution of the City Council of the City of Orono approving such dedication or transfer has been recorded. Section 2 . Deleaation of Use. Each Lot Owner may delegate, in accordance with the Bylaws of the Association, his right of enjoyment to the Common Area and facilities to the members of his family, his tenants, or contract purchasers who reside on the Lot. Section 3 . Riaht of Inaress and Egress. Each Lot Owner shall have an unrestricted right of ingress and egress to his Lot from Sugarwoods Drive. Such right shall be perpetual and shall pass to a new Lot Owner upon transfer or sale of the Lot. Section 4 . Utilitv Easements. Easements for public utility and drainage purposes are dedicated in the plat of SUGAR WOODS along the perimeter of each Lot and covering all of Outlot C, SUGAR WOODS. 3 ARTICLE III COMMON AREA MAINTENANCE Section 1. Sugarwoods Drive. a. The Declarant shall construct a private road on Outlot C, SUGAR WOODS, pursuant to plans and specifications satisfactory to the City and according to the time table set forth in the Subdivider's Agreement between the Declarant and the City. The name of the private road shall be "Sugarwoods Drive". b. The Association shall maintain Sugarwoods Drive. Road maintenance shall include (without limitation) the following: plowing and removing snow from the road surface; clearing dirt, leaves and debris from the road surface; repairing the road; repairing the curbs; and replacing the road and the curbs. The Association shall maintain Sugarwoods Drive to at least the standard of quality it had upon completion of construction of Sugarwoods Drive by the Declarant pursuant to plans and specifications approved by the City. The Association shall also maintain Sugarwoods Drive to such standards as may be required from time to time by the ordinances of the City pertaining to private roads. c. The Association may limit access to Sugarwoods Drive to the Owners, their families, tenants, guests and invitees by appropriate means, including (without limitation) the following: signs, a gate, or a guard house. d. The Declarant hereby dedicates to the City for public use forever a perpetual easement for road purposes over that part of Outlot C, SUGAR WOODS which is occupied by Sugarwoods Drive as built by the Declarant. This easement does not imply that the City has any obligation to build or maintain Sugarwoods Drive. e. If the Association fails to maintain, repair or replace Sugarwoods Drive as provided herein, then the City shall have the right (but not the obligation) to maintain, repair and replace Sugarwoods Drive as provided herein. Any such actions by the City shall not convert Sugarwoods Drive into a public road. The Owners of each of the 25 Lots shall pay the City 1/25th of the costs incurred by the City in maintaining, repairing and replacing Sugarwoods Drive. The City shall invoice each Lot Owner for such costs. Each invoice shall be due within thirty (30) days after receipt by the Lot Owner. If the invoice against a lot is not paid on time, then the City shall have a lien upon such Lot and the City may foreclose such lien as if it were a lien for special assessments for local improvements under Minnesota Statutes. Section 2 . Utility Lines. Lots in the Properties will be served by underground utility lines within Outlot C, SUGAR WOODS, 4 and/or within the platted utility and drainage easement areas along the perimeters of the Lots and Outlots in SUGAR WOODS. The utility lines shall be owned and maintained as follows: (a) Telephone lines will be installed, owned and maintained by a public utility. (b) Natural gas lines will be installed, owned and maintained by a public utility. (c) Electricity lines will be installed, owned and maintained by a public utility. (d) Cable television lines will be installed, owned and main- tained by a public utility. (e) Private water mains will be installed by the Declarant from a new municipal water main along U.S. Highway 12 near the Southwest corner of Outlot E, SUGAR WOODS, thence Northerly and Northeasterly to the common boundary between Lots 2 and 3 of Block 4, SUGAR WOODS, thence Northeasterly along said common boundary to Outlot C, SUGAR WOODS, and looping around Outlot C, SUGAR WOODS. Said private water mains shall be owned and maintained by the Association. Water lines from homes to the water mains in Outlot C will be owned by the respective Lot Owners and shall be maintained by them separately. (f) Private sanitary sewer laterals will be installed by the Declarant beneath Sugarwoods Drive in Outlot C and to the intersection of Sugarwoods Drive and Brown Road, thence Southerly and Southwesterly to but not including a municipal lift station on a new municipal sanitary sewer main along the South boundary of Outlot F, SUGAR WOODS. Said private sewer laterals will be owned by the Association and maintained by the Association. Sanitary sewer service lines from homes to the laterals beneath Sugarwoods Drive will be owned by the respective Lot Owners and shall be maintained by them separately. (g) Private storm sewer facilities will be installed by the Declarant in Outlot C and to the intersection of Sugarwoods Drive and Brown Road, thence Southerly and Southwesterly to and including a newly built storm water retention pond in the Southeast corner of Outlot F, SUGAR WOODS. Said private storm sewer facilities will be owned by the Association and shall be maintained by the Association. If the Association fails to maintain, repair and replace the private utilities described subparagraphs (e) , (f) and (g) , then the City shall have the right (but not the obligation) to maintain, 5 repair and replace such private utilities. Any such actions by the City shall not convert the private utilities into public utilities. The Owners of each of the 25 Lots shall pay the City 1/25th of the costs incurred by the City in maintaining, repairing and replacing the private utilities. The City shall invoice each Lot Owner for such costs. Each invoice shall be due within thirty (30) days after receipt by the Lot Owner. If the invoice against such Lot is not paid on time, then the City shall have a lien upon such Lot and the City may foreclose such lien as if it were a lien for special assessments for local improvements under Minnesota Statutes. Section 3 . Private Woodland Preserve. The Association shall maintain the woodlands in the Private Woodland Preserve. Woodland maintenance may include (without limitation) the following: trimming and pruning of trees and bushes; removal of dead, diseased and hazardous trees and bushes; removal of brush, undergrowth, leaves and debris; planting of trees, bushes and other vegetation; watering vegetation; treating diseased vegetation; installation of landscaping structures; and control of erosion. The need for and timing of maintenance of the Private Woodland Preserve shall be in the sole discretion of the Board of Directors of the Association, subject to governmental regulations concerning weed control, diseased trees and similar matters. Within the Private Woodland Preserve, there shall be no grading without the written consent of the City and no tree two inches (2") or more in diameter at four feet (4 ' ) above ground shall be removed without the written consent of the City unless such tree is dead, diseased or hazardous to an adjoining Lot or to traffic on Sugarwoods Drive. See Article IX, Section 14 for maintenance of the woodlands in the Building Setback Area. Section 4. Entrance Monuments. The Declarant shall erect two entrance monuments on Outlot A, SUGAR WOODS -- one on either side of the intersection of Sugarwoods Drive and Brown Road North. The Association shall operate and maintain the entrance monuments. Operation and maintenance shall include (without limitation) the following: lighting, painting, repairing and replacing the monu- ments and watering plants surrounding the monuments. Each entrance monument and changes thereto shall comply with municipal ordinances. Section 5. Other Common Facilities. The Association, acting through its Board of Directors, shall have the right to install additional facilities in the Common Area for the use and enjoyment of all the Owners; but no other group of Owners and no individual Owner shall have the right to install any facilities in the Common Area, whether for the private use of one or more Owners or for the common use of all Owners. The Association shall maintain all facilities owned by the Association on the Common Area or elsewhere. 6 Section 6. Costs. The Association shall operate and maintain the Common Area and the Association's improvements thereon or elsewhere, at the cost of all the Owners. Such costs are common expenses included in the common assessments levied by the Association. However, if the need for maintenance or repair of any part of the Common Area or the Association's improvements thereon or elsewhere is caused through the willful or negligent act of an Owne�, or through the willful or negligent act of a family member, guest or invitee of an Owner, then the cost of such maintenance or repair shall be added to and become part of the assessment to which the Owner' s Lot is subject. ARTICLE IV INSURANCE Section 1. Casualty Insurance on Insurable Common Area. The Association shall keep all insurable improvements and fixtures of the Common Area insured against loss or damage by fire or other casualty. The Association may obtain insurance against such other hazards that are normally covered by the standard extended coverage endorsement and all other perils customarily covered for similar types of projects, including those covered by the standard "All Risk" endorsement. Such insurance shall cover 100� of the current replacement cost of the property covered. The Association may also insure any other property whether real or personal, owned by the Association, against loss or damage by fire and such other hazards as the Association may deem desirable, with the Association as the owner and beneficiary of such insurance. The insurance coverage with respect to the Common Area shall be written in the name of, and the proceeds thereof shall be payable to the Association. Insurance proceeds shall be used by the Association for the repair or replacement of the property for which the insurance was carried. Premiums for all insurance carried by the Association are Common Expenses included in the Common Assessments levied by the Association. Section 2 . Liability Insurance. The Association shall maintain liability insurance for the protection of all Members against claims arising out of injuries or damages sustained on ar about the Common Areas in an amount of at least One Million Dollars ($1, 000, 000) per occurrence or such higher amount as the Board deems appropriate. Section 3 . Fidelity Bond. The Association shall maintain blanket fidelity bonds for all Association officers, employees or agents who handle or are responsible for the funds of the Asso- ciation. The bonds shall be in an amount equal to all funds in the possession of the Association at any time and in no event less than three months' assessments for all Lots plus the Association's reserve funds. 7 Section 4 . Replacement or Repair of Property. In the event of damage to or destruction of any property of the Association, the Association shall repair or replace the same from the insurance proceeds available. If such insurance proceeds are insufficient to cover the costs of repair or replacement of the property damaged or destroyed, the Association may levy a Capital Assessment (pursuant to Article VI, Section 6) against all Lot Owners to cover the additional cost of repair or replacement not covered by the insurance proceeds, in addition to any other Common Assessments levied against the Lot Owners. Section 5. Coveraqe, Loss Ad�ustment. The coverage and provisions of all insurance obtained by the Association shall be in conformity with FNMA requirements. Section 6. Other Insurance: Annual Review of Policies. The Association shall maintain any other insurance required by law or by the FNMA or that it determines desirable and appropriate. All insurance policies shall be reviewed at least annually by the Board of Directors of the Association in order to ascertain whether the coverage contained in the policies is sufficient. ARTICLE V MEMBERSHIP AND VOTING RIGHTS Section 1. Membershin Appurtenant to Ownership. Every Lot is subject to assessment by the Association. Every Owner of a Lot shall be a member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assessment. Section 2 . Classes of Voting Members. The Association shall have two classes of voting members as follows: Class A. Class A Members shall be all Owners, with the exception of the Declarant, and shall be entitled to one vote for each Lot owned. When more than one person is the Owner of a Lot, all such persons shall be Members and each shall be entitled to a fraction of a vote equal to the person's fractional ownership of the Lot. Class B. The Class B Member shall be the Declarant, which shall be entitled to three (3) votes for each Lot owned. The Class B membership shall cease and be converted to Class A memberships upon the happening of the earlier of the following events: (a) when 75� of the Lots have been conveyed of record to Owners other than the Declarant; or 8 (b) seven years after the first Lot is conveyed of record to an Owner other than the Declarant. ARTICLE VI COVENANT FOR ASSESSMENTS Section 1. Purpose of Assessments. The Association may levy assessments exclusively to promote the recreation, health, safety, and welfare of the residents in the Properties and for the improvement and maintenance of the Common Area and the Association's property, including reasonable reserves for future repairs, maintenance and replacement. Section 2 . Creation of the Lien and Personal Obligation for Assessments. The Declarant, for each Lot owned within the Pro- perties, hereby covenants, and each Owner of any Lot by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association: (a) Annual Assessments per Section 3 of this Article; (b) Emergency Fund Assessments per Section 4 of this Article; (c) Sinking Fund Assessments per Section 5 of this Article; (d) Capital Assessments per Section 6 of this Article; and (e) Separate Assessments per Section 7 of this Article. Each Assessment, together with late penalties, interest, costs and reasonable attorneys' fees for the collection thereof and for the foreclosure of the lien thereof, shall be a charge on the Lots and shall be a continuing lien upon the Lots against which each such assessment is made. Each Assessment against a Lot, together with late penalties, interest, costs and reasonable attorneys' fees, shall also be the personal obligation of the person who was the Owner of the Lot at the time when the Assessment fell due. The personal obligation for delinquent Assessments shall not pass to his successors in title unless expressly assumed by them. The sale � of a Lot shall not operate to discharge the seller's personal liability. Section 3 . Annual Assessments. (a) The Association shall levy "Annual Assessments" to defray those costs of the Association that occur annually or more frequently, including without limitation: taxes, insurance, bonds, operations, maintenance and minor repairs. The Board of Directors 9 of the Association may fix the Annual Assessment in an amount determined by it to be necessary or desirable to pay such expenses for one year at a time. (b) Annual Assessments shall be due as to all Lots on the first day of the month following the conveyance of the first Lot by the Declarant to any purchaser. The first Annual Assessment may be adjusted according to the number of months remaining in the Association's fiscal year. The Board of Directors shall fix the amount of the Annual Assessment against each Lot at least thirty (30) days in advance of each fiscal year. Written notice of the Annual Assessment shall be sent to every Owner. The due dates shall be established by the Board of Directors and may be no more frequently than monthly and no less frequently than semi-annually. Section 4 . Emergency Fund Assessments. (a) The Association shall establish a separate fund to meet unforeseen expenses or emergencies (the '�Emergency Fund") . The Emergency Fund shall at all times be equal to two (2j months estimated Annual Assessment for each Lot, but the amounts paid into the Emergency Fund shall not be considered advance payments of Annual Assessments. (b) The Emergency Fund shall be established by "Emergency Fund Assessments. " Each Lot's share of the Emergency Fund shall be collected from the Owner at the closing of the sale of the Lot from the Declarant to the Owner. Within one year after the closing of the sale of the first Lot, the Declarant shall pay each unsold Lot's share of the Emergency Fund to the Association. The Declarant shall be reimbursed for this payment from funds collected from the various Lot Owners at the closings of the sale of the Lots from the Declarant to the Owners. (c) Whenever the Emergency Fund is depleted below the level set forth in Subsection (a) , the Association shall replenish the Emergency Fund by levying additional Emergency Fund Assessments against all the Lots and their respective Owners. Section 5. Sinking Fund Assessments. (a) The Association shall establish a separate reserve fund ("Sinking Fund") to provide cash for major repairs and replacement of those improvements in the Common Area and elsewhere that will, after a number of years, need major repairs or replacement. Such improvements include, without limitation, the road, the sanitary sewer laterals, the storm sewer facilities, water mains, the entrance monuments and the pedestrian trail. (b) The Board of Directors shall, in good faith, determine the useful life of such improvements and an appropriate schedule of "Sinking Fund Assessment" such that each year the Sinking Fund 10 Assessments are approximately equal or gradually increasing and such that, when each major repair or replacement is expected to occur, there will be sufficient cash in the Sinking Fund. (c) If for any reason the Sinking Fund is ever inadequate to fund a major repair or replacement, then the Association may levy a Capital Assessment (pursuant to Section 6 of this Article) to defray the extra cost. Section 6. Capital Assessments. (a) Whenever the Board determines that the Sinking Fund is inadequate to fund a major repair or replacement, whenever insurance proceeds are inadequate to restore damaged common property and whenever the Board decides to install additional capital improvements to the Common Area or elsewhere, the Association may levy a "Capital Assessment. " (b) Each Capital Assessment shall be due and payable in such installments as the Board shall determine, but no more frequently than monthly and no less frequently than semiannually, and in any event shall be fully paid within the expected useful life of the improvement. Section 7. Separate Assessments. (a) Whenever a Lot and its owner is separately responsible for maintenance or repair of any part of the Common Area, the Association shall levy a "Separate Assessment" against that Lot and its Owner. (b) Each Separate Assessment shall be due and payable in such installments as the Board shall determine, but no more frequently than monthly and no less frequently than semi-annually and in any event shall be fully paid within twelve months. Section 8. Uniform Rate of Assessment. All Assessments shall be fixed at an equal rate for all Lots, except that Separate Assessments shall be levied against only those Lots and Owners whom the Board determines (after notice and a reasonable opportunity to be heard) to be responsible. Section 9. Effect of Nonpayment of Assessments; Remedies of the Association. Any Assessment or portion thereof not paid within thirty (30) days after the due date shall bear interest from the due date at the rate of eight percent (8�) or such other legal rate set by the Board of Directors. The Association may bring an action at law against the Owner personally obligated to pay the entire unpaid portion including costs of attorneys' fees and interest, or foreclose the lien against the property, or both, and the costs and reasonable attorneys' fees of any such action shall be added to the amount of such Assessments and shall also be secured by the lien il of the Assessment. No Owner may waive or otherwise escape liability for the Assessments provided for herein by the sale or abandonment of his Lot. Section 10. Late Payment. If an Assessment is not paid within ten (10) days after its due date, then the Lot Owner shall be obligated to pay, in addition to the interest required under Section 9 of this Article, a late Assessment service charge under the following schedule: llth to 30th day $25.00 after 30th day $50.00 The purpose of this fee is to compensate the Association for the expense and inconvenience of collecting late Assessments, borrowing to cover Association expenses and any other costs attributable to late payment. The Board shall collect these fees on all late payments. The Board may increase, but may not decrease or eliminate, the service charges set forth in this section in the same fashion as is established for the adoption of other rules and regulations. This penalty shall be added to the amount of such Assessments and be secured by the lien of the Assessment. Section 11. Subordination of the Lien to Mortgages. The lien of the Assessments provided for herein shall be subordinate to the lien of any first mortgage, provided that the mortgage was recorded before the delinquent Assessment was due. Sale or transfer of any Lot shall not affect the Assessment lien. However, the sale or transfer of any Lot pursuant to mortgage foreclosure or any proceeding or deed in lieu thereof, shall extinguish the lien of such Assessments as to payments which became due 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. ARTICLE VII ARCHITECTURAL CONTROL Section 1. Architectural Control Committee. The Board shall serve as the Architectural Control Committee or the Board shall appoint an Architectural Control Committee of at least three individuals. So long as there are any Class B Members, the Architectural Control Committee may include individuals who are not Owners. Thereafter each individual on the Architectural Control Committee must be an Owner. Section 2 . Design Review. No building, fence, wall or other structure shall be commenced, erected or maintained upon the Properties, nor shall any exterior addition to or change or alteration therein be made, nor shall any change or addition in the lawns, shrubs, trees and other landscaping on any Lot be made, 12 until the plans and specifications showing the nature, kind, shape, height, materials and location of the same shall have been submitted to and approved in writing as to harmony of external design and location in relation to surrounding structures, vegetation and topography by the Architectural Control Committee. The Owner of the Lot shall submit the following plans and specifications to the Architectural Control Committee: a. A current boundary survey. b. A site plan showing the boundaries of the Lot, the topography of the Lot, the proposed improvements, and all trees greater than 8 inches in diameter within 30 feet of the proposed house and garage. c. A grading and erosion control plan. d. Floor plans showing floor areas are to be expressed in finished square footage. e. Elevation drawings, including the height above mean sea level of all floors, the peaks of the roofs and the grades immediately adjacent to the house and garage. f. Samples of the proposed exterior materials (including roofing, siding, masonry, stucco, trim, windows, doors, and garage doors) in the proposed colors. g. An inventory of all "Covered Areas" on the Lot (as defined in Article IX, Section 16) and a calculation of the square footage of the Covered Areas as a percentage of the square footage of the "Building Pad" as defined in Article IX, Section 15) Section 3 . Review Period. If the Architectural Control Committee fails to approve, disapprove or request further infor- mation� on such design and location within thirty (30) days after said plans and specifications have been submitted to it, approval will not be required, and this Article will be deemed to have been fully complied with. ARTICLE VIII RENTAL OF LOTS Section 1. General Lease Provisions. Any rental of a Lot shall be by written lease. No lease shall be for less than a whole Lot and all the improvements on the Lot. Section 2 . Lenctth of Tenancy. No lease shall be for less than thirty (30) days. Any lease for more than an initial term of six (6) months shall have the prior written approval of the Board 13 of Directors. Nothing in this Section shall limit the ability of a first mortgagee in possession of a Lot, or its successors and following a foreclosure, a default or a deed or other arrangement in lieu of foreclosure from leasing the Lot for less than six months. Section 3 . Adoption of Association Documents. Each lease shall contain the following provision: The undersigned tenant(s) has (have) received a copy of the Articles of Incorporation and the Bylaws of Sugar Woods Homeowners Association, Inc. , the Declaration of Covenants, Conditions, Restrictions and Easements for Sugar Woods and the Rules adopted by the Association's Board of Directors governing this property. I (We) agree to be bound by the requirements and conditions of those documents, including any other Rules adopted by the Board of Directors from time to time. Section 4 . Liability for Association Assessments. A lease may provide that the tenant(s) shall pay the Association's Assess- ments, but no such provision shall affect the personal liability of the Owner to the Association for such Assessments, nor the lien of such Assessments as provided herein. ARTICLE IX ADDITIONAL RESTRICTIONS Section 1. Residential Use. Each Lot shall be used only for residential purposes, except that Declarant and other home builders approved by the Declarant shall be entitled to maintain model homes upon the Lots during the construction and sales period. Section 2 . House Size. No house shall have more than two stories on the side of the house facing Sugarwoods Drive. (a) Each house with only one story facing Sugarwoods Drive shall have at least 2,400 square feet of finished interior space on that story. (b) Each house with two stories facing Sugarwoods Drive shall have at least 1, 500 square feet of finished interior space on each of those two stories. (c) Each house which is neither a single story house or a two story house (e.g. a split level) shall have at least 3 , 000 square feet of finished interior space on the stories that face Sugarwoods Drive. 14 Section 3 . Accessory Structures. Each Lot shall have an attached or detached garage with space for two or three automobiles. If the Lot contains a swimming pool or a tennis court, it may also contain a small building for changing clothes and storing pool or tennis equipment, but for no other purpose. No other accessory structures shall be permitted on any Lot. Each permitted accessory structure on a Lot must have the same general style and exterior materials as the house on the Lot. Each accessory structure must conform to municipal ordinances and the other provisions of this Declaration. Section 4 . Obstruction of Common Area. There shall be no obstruction of the Common Area nor shall anything be stored in the Common Area without the prior written consent of the Board of Directors of the Association. Section 5. Pets. The ownership and behavior of pets may be subject to the rules of the Association and is subject to municipal ordinances. The rules of the Association may be more restrictive that the municipal ordinances. Section 6. Home Occupations. Notwithstanding Section 1 of this Article, an Owner may engage in those home occupations that are allowed by municipal ordinances and not prohibited by rules of the Association. The Association's rules may be more restrictive than the municipal ordinances and may be amended from time to time without "grandfathering" existing home occupations. A "home occupation" is a use which is incidental and secondary to the principal use of the Lot for residential purposes and does not change the character thereof including, but not limited to, office and studio uses, weaving, dressmaking and such other uses which by custom are considered accessory to a dwelling. No sign advertising a home occupation shall be displayed on any Lot or elsewhere on the Properties. Section 7 . Clotheslines. No clothes, sheets, blankets or laundry of any kind or other articles shall be hung out or exposed in any part of the Common Area or on any Lot. Section 8. Signs. No sign of any kind shall be displayed to the public view on any Lot or on the Common Area; except that on each Lot the Owner may display one sign of not more than five (5) square feet advertising the Lot for sale, and except that Declarant may erect and maintain upon the Properties such additional signs as it deems appropriate to advertise the Properties until the Declarant owns less than three (3) lots. Section 9. Antennas. No television antennas, satellite dishes or other antennas visible from Sugarwoods Drive, Brown Road or U.S. Highway 12 shall be erected or maintained on any Lot except with the approval of the Board of Directors or the Architectural 15 Control Committee in accordance with Article VII. Certain antennas require municipal approval . Section 10. Trash. Neither the Common Area nor any Lot shall be used or maintained as a dumping ground for rubbish, trash, garbage or other waste. No part of any Lot or of the Common Area shall be used at any time for the storage of abandoned automobiles, boats or other equipment. Garbage, rubbish and trash shall not be kept on any Lot, except in clean and sanitary containers in the garage located on such Lot. Section 11. Nuisance; Illectal Activities. Nothing shall be done or kept on the Common Area or on any Lot or on any part thereof which would: (i) increase the rate of insurance on any other Lot over what the Owner of such other Lot or the Association, but for such activity, would pay; or (ii) be in violation of any statute, rule, ordinance, regulation, permit or other validly imposed requirement of any governmental body. No damage to, or waste of the Properties or the buildings situated thereon shall be committed by any Owner or any invitee of any Owner. Each Owner agrees to indemnify and hold harmless the Association and the other Owners from and against all loss resulting from any such damage or waste caused by him or by his invitees. No noxious, destructive or offensive activity shall be allowed on the Common Area or on any Lot, nor shall anything be done thereon, either willfully or negligently, which may be or may become an annoyance or nuisance to any other Owner or to any other person at any time lawfully residing on the Properties. Section 12. Utility and Drainage Easements. In the recorded plat of SUGAR WOODS public utility and drainage easements have been dedicated along the perimeters of all lots. Within said easement areas no houses or other improvements shall be built that would interfere with utilities or drainage. Section 13 . Rules and Regulations. In addition to the foregoing restrictions, conditions and covenants concerning the use of the Properties, reasonable rules and regulations (herein "Rules��) , not in conflict therewith and supplementary thereto, may be promulgated and amended from time to time by the Board of Directors of the Association. Copies of the rules and regulations shall be furnished by the Association to each Lot Owner and occupant. Section 14 . Building Setback Area. The Owner of each Lot shall maintain the woodlands in the Building Setback Area on the Lot. Woodland maintenance may include (without limitation) the following: trimming and pruning of trees and bushes; removal of dead, diseased and hazardous trees and bushes; removal of brush, undergrowth, leaves and debris; planting of trees, bushes and a vegetation; watering vegetation; treating diseased vegetation; installation of landscaping structures; and control of erosion. 16 The need for and timing of maintenance of the Building Setback Area on each Lot shall be in the sole discretion of the Owner of the Lot. Within the Building Setback Area on each Lot, there shall be no grading and no tree with a diameter of two inches (2") or more at four feet (4 ' ) above the ground shall be removed without the prior written consent of the City unless the tree is dead, diseased or hazardous to the Lot, an adjoining Lot or to traffic on Sugarwoods Drive or unless removal of the tree is necessary to build driveways to Sugarwoods Drive in location(s) selected by the Owner of the Lot. Each driveway shall be no more than 20 feet wide as it passes through the front Building Setback Area. (See Article III, Section 3 for maintenance of the Private Woodland Preserve. ) Section 15. Buildinq Pad. The "Building Pad" on each Lot shall be that portion of the Lot that is not within the Building Setback Area. All structural improvements on each Lot shall be within the Building Pad, except: (i) the driveway(s) leading to Sugarwoods Drive must necessarily pass through the front Building Setback Area; and (ii) retaining walls and similar landscaping structures may be built within the Building Setback Area. Within the Building Pad on each Lot, no tree with a diameter of eight inches (8") or more at four feet (4 ' ) above the ground may be removed without the prior written consent of the Association, unless the tree is dead, diseased, or hazardous to the Lot, an adjoining Lot or traffic on Sugarwoods Drive, or unless removal of the tree is necessary to build the house, garage, driveway, parking area or other improvements on the Lot in locations selected by the Owner of the Lot. Section 16. Lot Coveraae. The square footage of the "Covered Area" on each Lot shall not exceed 80g of the square footage of the Building Pad on the Lot. The "Covered Area" of each Lot shall include the surface area on the ground of each of the following improvements on the Lot (whether the improvement is in the Building Pad or in the Building Setback Area) : (a) the footprint of each and every structural improvement on the lot, including each house, garage, building, porch and covered walkway; (b) the footprint of that portion (if any) of each roof that overhangs the building footprint by more than 18 inches; (c) all wooden decks and boardwalks, regardless of the spacing between the planks on the surface; (d) all driveways and parking areas that are paved or graveled, but not those that are dirt or grass; (e) all walkways and patios that are covered with asphalt, concrete, paving blocks (regardless of the spacing between the blocks) , or covered with gravel, rock or wood 17 chips upon an underliner (whether the underliner is impervious or not) , but not those walkways that are dirt, grass or gravel, rock or woodchips without an underliner; (f) each and every landscaped area with an underliner (whether the underliner is impervious or not) , regardless of whether the area is covered with woodchips, stones, dirt or plants. (g) any swimming pool, wading pool or artificial pond, but excluding the area of the surface of the water. (h) any tennis court covered with concrete, asphalt or clay, but not any tennis court covered with grass. Section 17. 'vewa s. Each Lot all have one driveway that intersects Sugarwood ive or o driveways that intersect Sugarwoods Drive if they ar ped together on the Lot. Section 18. House Desian and Materials. (a) Exterior materials may not include artifical stone, particle board or plywood. (b) Artificial stone veneer, aluminum siding, vinyl siding, particle board, plywood siding, or masonite siding shall not be permitted. (c) Each roof must be pitched, except that the roof of a sunporch or similar roof in the rear of a house may be flat. (d) Roofing materials shall only be red cedar shingles or shakes, or asphalt shingles that are a minimum of 320 pounds per square. (e) All plumbing vents and furnace flues shall extend through the roof to the rear of the ridge line. ARTICLE X ADMINISTRATIVE PROVISIONS Section 1. Enforcement. The Association or the City (with regard to certain provisions set forth below) or any Owner, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration or the Bylaws of the Association. Failure by the Association, the City or any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. The City shall have the right 18 (but not the obligation) to enforce the following provisions of this Declaration: Art. II, Sec. 1 (b) : Municipal approval of dedication or transfer of Common Area. Art. III, Sec. 1: Maintenance of Sugarwoods Drive. Art. III, Sec. 2 : Maintenance of private utilities. Art. III, Sec. 3 : Maintenance of Private Woodland Preserve. Art. IX, Sec. 14 : Maintenance of Building Setback Areas. Art. IX, Sec. 16: Lot Coverage. Art. X, Sec. 1: Enforcement. Art. X, Sec. 3 : Amendment. Section 2 . Severabilitv. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provisions which shall remain in full force and effect. Section 3. Amendment. The covenants and restrictions of this Declaration shall run with and bind the land, for a term of thirty (30) years from the date this Declaration is recorded, after which time they shall be automatically extended for successive periods of ten (10) years. This Declaration may be amended by an instrument signed by at least 67% of each class of inembers and the first mortgagees of at least 51� of the Lots. However, each amendment that modifies those provisions of this Declaration that may be enforced by the City (see Article X, Section 1) or modifies the definitions of "Building Setback Area" or "Private Woodland Preserve" in Article I must be approved by the City Council and the amendment instrument must be signed by the City officials authorized to sign by the City Council. Each amendment must be recorded to be effective. � Section 4 . FNMA Provisions. In addition to various other provisions of this Declaration and the Bylaws, which meet the requirements of FNMA, the following additional FNMA provisions are applicable to the Association, Lot Owners and the Properties: (a) No insurance on the Properties, including fidelity bonds, may be canceled or materially modified without giving ten (10) days prior written notice to any first mortgagee, any mortgage servicer and to the Association. First mortgagees, upon written request, 19 shall also receive notice of the lapse of any insurance policy maintained by the Association. (b) A first mortgagee, upon request in writing, shall receive notice of (i) any condemnation or casualty loss that affects either a material portion of the Properties or the house on the Lot securing its mortgage, (ii) any delinquency of sixty (60) days or more in payments of assessments on the Lot securing its mortgaqe or (iii) any proposed action requiring the consent of a specified percentage of the first mortgagees. (c) No provision of this Declaration or the Bylaws shall give a Lot Owner or any other person, priority over the rights of f irst mortgagees, their successors on assigns, under the mortgage to insurance or condemnation proceeds. (d) First mortgagees, t-heir successors or assigns, shall have the right to inspect the books and records of the Association during normal business hours. IN WITNESS WHEREOF, the Declarant has executed this instrument as of the day and year first above written. REBERS CONSTRUCTION CO. Y '- `S�clney . Rebe , President STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this :�� day of r<-ti��c ;;;lr�4 , 1989, by �`� i��i�,�;.; i�.��':-�-�,: r _� , the President of REBERS CONSTRUCTION CO. , a Minnesota corporation, on behalf of the corporation. __� , �� ,�-, �_- ,� ' `,`', /.!ti_';~ '�,'' L, L,,.�f ' ` ' � e- _ _. AND PRIOR TAXES PAID Notary Public DE°T.OF PROPERTY iAi;&PUBLIC RECOROS . TRRhSFER ENTEf�EQ � . r"� LINDR L. KARKOC �1'� NOTARY PUBIIC—MINNESOTA �� 1 - �- HENNEPIN COUNTY i My Commission Expires Mar.25, 1952 PI 0 , +� � DEPUTY ttw�sugarwoods/9/29l89 2 0 CONSENT TO DECLARATION Sidney B. Rebers and Barbara Rebers, husband and wife, as owners of part of Outlot A and part of Outlot D, Sugar Woods, Hennepin County, Minnesota, hereby consent to the foregoing Declaration of Covenants, Conditions, Restrictions and Easements for Sugar Woods and agree to be bound by it. � , _ s-.. . - j ! "-( � !' � ... -- -- ney B. er"s -- '" � -�� rbara Reber STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) �i The foregoing instrument was acknowledged before me this ��'" day of September, 1989 by Sidney B. Rebers and Barbara Rebers, husband and wife. � ��' }? � � �,� :-�. �� /, I_.-,_r ��i ' z. Notary Public ,`'.. JEAN L. GfRi�'.U.E,C�-::R This Instrument Was Drafted By: `�"-�:�_� NOT.,Rr �v.��-�-,��N��oT� ``ti"' FtF.r�NEFIN COUNTY ! LEONARD� STREET AND DEINARD (HMM) Mv commission expires Ap�i1 21, 199G . 150 South Fifth Street, Suite 2300 Minneapolis, Minnesota 55402 (612) 335-1500