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Seven Oaks Subdivision Indentures (Section VI: Miscellaneous Provisions) |
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1. There are and will be situated in the above described tract, certain areas designated as Common Ground. The Common Ground shall be utilized for the sole exclusive use of the lot owners present and future of the SEVEN OAKS subdivision. The Trustees shall hereafter maintain said Common Ground and may develop therein park areas and other kinds of recreational facilities. 2. This Indenture may be amended, modified and changed from time to time in accordance with the following provisions: a. Until such time as 95% of the lots and parcels in all the plats of Seven Oaks are sold and closed, the Trustees may amend, modify, and change this Indenture by recording with the Recorder of Deeds of St. Louis County, Missouri, such amendment, modification, or change, with the written approval of the Director of Planning of St. Louis County, which document shall make specific reference to this Indenture; provided, however, the Trustees may not increased the annual assessment except as otherwise provided herein. b. At anytime within five (5) years from the date of recording of this instrument that part of these restrictions pertaining to side lines and building lines may be added to or amended by Owner so as to rectify any inadvertent violations of said side line and building line restrictions occurring during the original construction period. c. Thereafter this Indenture may be amended, modified, and changed by the written consent of two-thirds (2/3) of the owners of the lots subject hereto. Any such amendment, modification, or change shall be recorded with the Recorder of Deeds of St. Louis County, Missouri. 3. Any other provisions hereof to the contrary notwithstanding, the obligations and rights of the Trustees hereunder to maintain the Common Ground and the improvements thereon referred to herein shall not cease nor may this Indenture be amended, modified, or changed to reduce or eliminate any of the duties, obligations and rights in such connection granted to and imposed on the Trustees herein to maintain the Common Ground and the improvements thereon, nor may this Indenture be amended to eliminate the Trusteeship herein created, all as it relates to the Common Ground. 4. The Trustees are authorized and empowered to cooperate and to contract with the Trustee of adjoining or nearby tracts in the development and maintenance of facilities inuring to the benefit and general welfare of the inhabitants of the entire area. 5. The Trustees are authorized to act through a representative provided, however, that the Trustees shall only be responsible for their wrongful acts and shall not be responsible for wrongful acts of others. Neither the Trustees nor their agents shall be held liable for injury or damage to persons or property by reason of any act or failure to act of the Trustees, or their agents. The Trustees shall not be entitled to any compensation for services performed pursuant to this instrument. 6. All covenants and agreements herein are expressly declared to be independent and not interdependent; nor shall any laches, waiver, estoppel, condemnation or failure of title as to any part or lot of said tract be of any effect of modify, invalidate or annul any grant, covenants or agreements herein, with respect to the remainder of said tract, saving always the right to amendment, modification or repeal as hereinabove expressly provided. 7. It is further provided, declared and agreed that if the owner or owners of said parcel of land subject hereto or any lot or portion thereof, their heirs, executors, administrators, grantees or assigns, or any one of them, hereinafter owning any of the parcels of land or part thereof described herein shall infringe or attempt to infringe or omit to perform any covenant or restriction aforesaid which is by its provisions to be kept and be performed by it, or him or them, it shall be lawful for any person owning any parcel of land in Seven Oaks, or having a legally recognizable interest in said land (by lien, mortgage, deed or trust of contract or option for purchase), or the said Trustees in behalf of or for the benefit of themselves, to proceed in law or in equity against the person or persons infringing or attempting to infringe or omitting to perform such covenant either to prevent it, him or them from doing so or to recover damages, including attorney fees and court costs for such infringement or omission. It is hereby declared and provided that while the covenants aforesaid shall be valid and binding, and must be observed, kept and performed by every owner and occupant of said parcels of land, or any part thereof, embraced in such covenant or covenants, yet they are not to be enforced personally against the Owner or against its successors and assigns, unless they, while owning or occupying or controlling some parcel of land or part thereof, shall have violated or failed to perform the covenant embracing such parcel or part thereof. It is and is hereby declared to be that each of the covenants and restrictions herein contained shall attach to and remain with each parcel of land in SEVEN OAKS. 8. The restrictions in this indenture set forth shall continue and be binding upon the Owner and the Trustees and upon their successors and assigns for a period of thirty (30) years from the date hereof, and shall automatically be continued thereafter for successive periods of fifteen (15) years each, provided however, that the owners of the majority of the lots of the subdivision may release all of the land hereby restricted from any one or more or all of the said restrictions at the end of this thirty (30) year period or of any successive fifteen (15) year period thereafter, by executing and acknowledging an appropriate agreement or agreements in writing for such purposes and filing the same for record in St. Louis County, Missouri at least five years prior to the expiration of this thirty (30) year period or of any fifteen year period thereafter. 9. This trust shall continue for the duration of this Seven Oaks Planned Environment Unit, it being the intent of the Owner that the Common Ground held hereunder be and remain used and maintained for the common benefit of all lot owners and residents so long as all or part of the Seven Oaks subdivisions shall be developed for residential purposes in substantially the form presently anticipated. Upon vacation of the subdivision constituting this Planned Environment Unit, title to the Common Ground shall thereupon vest in the then lot owners of all the plats of Seven Oaks subdivision as tenants in Common. IN WITNESS WHEREOF, the Owner and Trustees have hereunto executed this Indenture the day and year first above written. ST. CHARLES HOLDING CO. G. B. Vatterott, President G. B. Vatterott, President Thomas J. Berry, Trustee Owner Joseph R. Wolf, Trustee
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