AMENDED AND RESTATED DECLARATION OF RESTRICTIONS FOR SUMMERSTONE

Transcription

1 AMENDED AND RESTATED DECLARATION OF RESTRICTIONS FOR SUMMERSTONE KNOW ALL MEN BY THESE PRESENTS, that the undersigned, Summerstone, Inc. a Wisconsin corporation ( Developer ), being the owner of the property known as Summerstone, more particularly described on Exhibit A, a copy of which appended hereto and incorporated herein by reference. In order to maintain harmony of appearance, protect property values and develop the lands above described to a residential district of the highest class and character, and for the protection of the buyers of lots in said Subdivision, Developer, does hereby declare and provide that said lands described above shall be subject to the following restrictions, covenants and conditions, to be enforced and administered by the Owners Association as identified in Article IV, to-wit: Name and Return Address Village of Merton P.O. Box 13 Merton, WI Tax Parcel MV No.: ARTICLE I. GENERAL PURPOSE Summerstone is a residential development consisting of 20 lots (the Lots ) and the Common Areas as defined herein. The purpose of this Declaration is to ensure the best use and most appropriate development and improvement of each building site to protect owners of building sites against such use of surrounding building sites as will detract from the value of their property; to guard against the erection of poorly designed or proportioned structures: to obtain harmonious use of materials and color schemes; to encourage and secure the erection of attractive homes with appropriate placement on building sites; to secure and maintain proper setbacks from street and adequate spaces between structures; and in general, to promote the harmonious development of Summerstone into a residential district of the highest quality while protecting the natural beauty and quality of the environment. In addition, this Declaration is to help ensure that Summerstone will become, and remain, an attractive community; to preserve the open space within Summerstone thereby preserving and enhancing investments made by purchasers of building sites therein. -1-

2 ARTICLE II. SINGLE-FAMILY LOTS All Lots shall be used for single-family residential purposes. 1. Residence. ARTICLE III. BUILDING RESTRICTIONS a. All Lots in Summerstone are restricted to the erection of a onestory or two-story single-family residence building with a minimum square footage of living space (without regard for basement level areas) of 2,700 square feet for a one-story residence and 3,000 square feet for a two-story residence and with an attached garage which will accommodate at least three cars. Notwithstanding the foregoing, the existing residence on Lot 4 shall only be required to have a minimum square footage of living space (without regard for basement level areas) of 2,700 square feet and an attached garage which will accommodate at least two cars. Any garage over three cars must be approved by the Committee. b. The garage must be attached to the residence directly, and must be constructed at the same time as the residence. It may be a natural wood door. The maximum size of the garage shall conform to Village of Merton (hereinafter referred to as the Village ) ordinances. Garage entrances must be on the side of the building wherever practical as determined by the Committee. Owner shall have a choice of garage door styles to include, but not be limited to, raised panel style with and without window panels. c. The exterior walls of the residence and attached garage must be constructed of full brick, stone, stucco, solid wood siding, Hardiplank siding, or its equivalent. No cultured stone or thin brick shall be used on the exterior walls of the residence and attached garage. Any exposed or above-ground basement or foundation wall must be covered in a manner consistent with the other exterior walls of the residence and garage. Siding materials such as aluminum, vinyl, steel, pressed board, masonite, or plywood will not be allowed. Architectural detail such as frieze boards for gables or arches must be consistent throughout the design and specifically approved by the Committee. All residences must have at least one fireplace chimney or chase with a masonry exterior. Notwithstanding the foregoing, the existing residence on Lot 4 shall not be required to have a chimney or chase with masonry exterior and may have a side venting fireplace. -2-

3 d. Exterior design of the residence will include window wraps or other border detail sufficient to transition from the siding materials of the building to the window. Shutters, if used, must be applied to all windows on the buildings on the building site. e. All two-story residence roofs shall have a minimum pitch of ten feet in height for each twelve feet in length (10/12), except for rear dormers on a story and one-half residence. All one-story residence roofs shall have a minimum pitch of ten feet in height for each twelve feet in length (10/12). All roofs shall be covered with wood shakes, wood shingles, or 400 lb. dimensional shingles in natural colors. Notwithstanding the foregoing, the existing residence on Lot 4 shall not be required to meet the foregoing minimum roof pitch requirements. f. The residence and attached garage, a sodded or seeded lawn, and a driveway paved with concrete, stamped concrete, asphalt, stamped asphalt, or brick pavers must be completed within one year of the start of construction of the residence. g. Only one residence may be erected on a Lot. h. The minimum setback from any abutting street right-of-way is 50 feet. The minimum side yard offset is 20 feet. The minimum rear yard is 20 feet. i. Each Lot shall conform to such open space requirements as may be adopted from time to time by the Village. As of the date of this Declaration, the sum of the area covered by improvements (house, garage, driveways, walks, decks, patios, etc.) may not exceed 25% of the lot area. 2. Swimming Pools/Spas. No above ground swimming pools shall be permitted on any Lot. In ground pools shall be allowed subject to approval by Committee, in writing, prior to the application for any permits required by the local municipality. No more than one hot tub or spa shall be permitted on any Lot, provided the water surface area of the hot tub or site plan approval does not exceed 200 square feet. Indoor swimming pools shall be permitted, provided that such a pool is in the basement of the residence and provided that the exterior walls of the basement do not extend beyond the exterior walls of the first floor level of the residence and attached garage. -3-

4 3. Outside Storage. There shall be no outside storage of boats, trailers, buses, commercial trucks, recreational vehicles, or other vehicles or items deemed to be unsightly by the Owners Association. 4. Submission of Plans and Specifications. a. All building plans and the exterior design of each building to be constructed, including additions and modifications, and all yard grades and stakeout surveys must be approved by the Committee in writing prior to application for a building permit. Committee approval shall be based upon the building and use restrictions contained in this Declaration and the Guidelines for Plan Approval for Summerstone Subdivision, which Owner shall obtain from Committee prior to submitting plans to Committee for approval. The Guidelines for Plan Approval as of the date of execution of this Declaration are attached hereto as Exhibit A. b. Landscaping and yard design for each Lot must be approved by the Committee in writing prior to commencement of any finishing or landscaping activities. Such landscaping shall be consistent with the exterior design of the residence and buildings on the Lot and also with the adjoining and neighboring Lots, residences, and buildings. Each landscape plan shall be consistent with the Guidelines for Plan Approval and provide for the location of at least 3 trees of at least 4 ½ inches in diameter, or greater, in the street-facing yard(s) of the building site. If an Owner wishes to use exterior landscape lighting, defined as any lighting not approved under 4.a. herein relating to exterior design of building or 5.b. herein relating to post lamps, a detailed plan for such lighting must be included for approval. Basic site features such as decks (which shall only be constructed of wood or certain artificial wood products if specifically approved in writing by Committee), gazebos, retaining walls (which shall only be constructed of natural stone, wood timbers, or certain artificial stone products if specifically approved in writing by Committee), berms more than three feet in height, and other temporary or permanent structures or elements contributing significantly to the total environmental effect of Summerstone are subject to the prior written approval of Committee. Fences will only be allowed where required by state law or municipal regulation such as for swimming pool surrounds. c. Children s outdoor playground equipment and play structures shall be permitted and allowed provided that any the design and location of said equipment is approved in writing by the Committee prior to installation. Playground structure materials shall be restricted to wood. -4-

5 d. Exterior dog kennels are not permitted. Such dog kennels are acceptable if wholly located within a garage. 5. Mailboxes and Lampposts/Lighting. a. At the time of occupancy, Owner shall install one mailbox/newspaper box and post. The design and location of each mailbox/newspaper box, will be as specified by the Association and purchased by the Owner from the Developer at the closing of the sale of the Lot. Such location and design will be appropriate for each individual building site and with the overall development and design of Summerstone. Such location and design will be to any applicable state or municipal code and United States Postal Service regulation. b. At the time of construction of a residence, the Owner shall install, at a location designated by Developer, one outdoor electric post lamp with an unswitched photoelectric control. Such post lamp shall be located within one foot of the front property line and within three feet of the edge of the driveway on the property. The design of the post lamp shall be uniform throughout Summerstone and purchased by the Owner from Developer at the time of closing at which time delivery of said post lamp will be given to Owner. The Owner shall maintain the post lamp in a proper operating manner. If the post lamp is not so maintained and the condition has not been rectified by the Owner within 15 days after receipt of a notice from the Association specifying the violations of this Paragraph, the Owner shall be subject to a penalty of not more than $10.00 per day from the date of notice until the date the condition has been rectified. The penalty shall be assessed against the Owner and, if not paid, will be enforced as provided below. c. All outdoor light fixtures shall utilize a light bulb with a wattage of no greater than 100 watts. 6. Satellite Dishes and Outbuildings. a. There shall be no satellite dish antennas having a diameter in excess of 24 inches. No antenna or satellite dish shall be mounted or installed on any roof. Any antenna or satellite dish should, if possible without interfering with reception, be placed and screened so as to minimize its visibility from roadways and neighboring Lots. b. No more than one gazebo shall be located on a building site, which gazebo shall be approved by the Committee as to design and location, and there shall be no other outbuildings permitted. -5-

6 7. Amendment to Restrictions. The Committee, subject to the approval of the Village Administrator, and no other, shall have the right and authority to modify the Building and Use Restrictions and Guidelines for Plan Approval, or to permit variances from the application thereof, if, in its opinion, the modification or variance is consistent and compatible with the overall scheme of development of Summerstone, provided that no such modification shall be in violation of local ordinances, or have the effect of revoking an approval previously granted in writing hereunder. Notwithstanding the foregoing, any such modifications or variances shall be at the sole and absolute discretion, aesthetic interpretation, and business judgment of the Committee, and this paragraph and any modifications or variances granted hereunder, shall not in any way be interpreted: a. As preventing the Committee from requiring, at any time and from time to time, strict compliance with the Building and Use Restrictions, or b. As entitling any person to a modification or variance not approved and granted in writing by the Committee. 8. Grading/Erosion Control. a. Each Owner must adhere to, and finish grade, its Lot in accordance with the Grading Plan or any amendment thereto approved by the Village Engineer on file in the office of the Village Clerk. The Committee and/or the Village and/or their agents, employees, or independent contractors shall have the right to enter upon any Lot, at any time, for the purpose of inspection, maintenance, and correction of any drainage condition, and the Owner if responsible for cost of the same. Each Owner, at the time of home construction, shall also be responsible for grading their Lot so as to direct drainage toward the street or other established drainageway and to prevent an increase in drainage on to neighboring property. Each Owner must consult with the adjacent Lot Owner to determine the best manner in which to grade their common Lot lines. Neither the Committee nor the Village shall be responsible for establishing lot line grades due to varying terrain and drainage conditions each Lot following home construction. The services of a professional engineer may be required to design a proper grading plan for any Lot, the cost of which shall be paid by the affected Lot Owner. b. Each Owner shall, from the time construction on his Lot has commenced, be responsible for installing and maintaining erosion control measures until such time as a lawn or other plantings sufficient to prevent erosion has been established on the property. -6-

7 These measures include, but are not limited to, installation of silt fence, hay or straw bales, and ditch checks; street cleaning following precipitation events or tracking of mud on streets by any vehicle leaving the property; and, sodding or seeding and mulching lawn areas. Steep slopes may require installation of straw mat, jute mat, or other materials designed to stabilize steep and highly erodable areas. Any areas where erosion control measures have been compromised by weather, construction, or any other event, shall be repaired within seven days of damage. Erosion control measures must be inspected and any necessary maintenance or repairs made after every rainfall exceeding one-half inch and at least once per week. Failure to comply with these requirements may result in sanctions against the Owner by the Village and/or the Wisconsin Department of Natural Resources. All erosion control measures shall be installed and maintained according to the standards and specifications set forth in Wisconsin Construction Site Best Management Practices Handbook and/or local ordinances. c. In the event that an Owner or his contractors disturb neighboring property during construction or grading, all disturbed areas shall be immediately restored to their original grade with vegetation of like kind. In the event that any material is deposited onto a street or neighboring property, the Owner of the Lot from which the material shall be responsible for removing the material and restoring the street or property to its original condition. Any Owner violating the restrictions contained herein shall be personally liable for, and shall reimburse, Association for all costs and expenses, including attorneys fees, incurred by Association in enforcing the restrictions contained in this Section. The foregoing shall be in addition to any other rights or remedies that may be available to Association. ARTICLE IV. OWNERS ASSOCIATION 1. An unincorporated association (herein referred to as the Association ) of the Owners of Lots in Summerstone (herein referred to individually as Owner and collectively as Owners ), as hereby created for purposes of managing and controlling subdivision Common Areas (as defined below) and performing other duties as set forth herein for the common benefit of the Owners. The Association shall be know as the Owners Association. The Association shall act by and through a Committee as defined herein. -7-

8 2. The term Common Area shall include: a. Outlot 4 of Summerstone. b. The grass area and any fencing and landscaping contained within any public rights-of-way. c. All landscaped courts and boulevards contained within the dedicated streets in Summerstone. Any portion of the Common Area within a public street right-of-way may only be improved with the consent of the Village and other appropriate public authorities. Consent to any such improvement shall not be considered or construed as an assumption of liability or responsibility for maintenance, nor shall such consent relieve the Association and/or the Owners of duties to maintain such improvements. d. Two 16 feet wide pedestrian landscape easements located between Lots 9 and 10 and between Lots 16 and 17, respectively, which easements will accommodate the Village of Merton multi-use trail. Utility easements are prohibited in these areas. The 16 foot wide pedestrian landscape easements are granted to the Village of Merton. The Village of Merton will maintain the asphalt path within the easement, and any repairs or construction within the easements are at the direction of the Village of Merton. Each individual Lot Owner in which the easement is located is responsible to maintain the lawn area within said easement. 3. No improvements shall be allowed on the Common Area except for landscaping, entrance monuments, storm water management facilities and gas, electric, telephone, and other utility lines and facilities. Except as provided herein, there shall be no construction or placing of storage areas, signs, billboards, or other advertising material or other structures, whether temporary or permanent, or materials on the Common Area. There shall be no commercial or industrial activity undertaken or allowed within the Common Area, nor shall any right of passage across or upon the Common Area be allowed or granted in conjunction with commercial or industrial activity. There shall be no filling, excavating, mining, or drilling, removal of top soil, sand, gavel, rock, minerals, or other materials, nor any building of roads or change in the topography of the Common Area in any manner. Except as may be necessary for proper maintenance and management, there shall be no removal, destruction, or cutting of trees or plants within the Common Area. There shall be no dumping of trash, garbage, or other unsightly or hazardous material upon, or within, the Common Area. There shall be no hunting or trapping within the Common Area. Except as may be necessary in conjunction with landscape maintenance, there shall be no operation of any type of motorized vehicle within the Common Area. Anything to the contrary contained herein notwithstanding Committee and its duly authorized agents may erect and maintain a marketing sign or -8-

9 signs within the Common Area until Committee is no longer an Owner of any Lots in Summerstone or areas that may be added. 4. Each Lot shall have an appurtenant undivided fractional interest in the Common Area outlot including added future stages, the numerator of which shall be one and the denominator of which shall be the total number of Lots subject this Declaration (including added future stages). All deeds, and any other conveyances of any Lot in Summerstone, shall be deemed to include such undivided interest in the Common Area outlot, whether so specifically stated in any such deed or other conveyance. 5. Prior to the issuance of occupancy permits for all 20 of the residences to be constructed in Summerstone, the Committee shall consist of one person appointed by the Developer. Such person shall have all of the rights, powers, authority and obligations of the Committee provided in this Declaration. Within 30 days after the of the issuance of occupancy permits for all 20 of the residences in Summerstone, the then existing member of the Committee shall appoint three Qualified Members to the Committee and shall resign from the Committee. Thereafter, the Committee shall consist of three Qualified Members. 6. To qualify as a Qualified Member, a person must be an Owner. 7. The term or office of a Qualified Member of the Committee shall commence upon the appointment thereof and shall continue for three years thereafter. Thereafter, the term of office of a Qualified Member of the Committee shall be for not more than three calendar years. If necessary to ensure continuity of the Committee, term lengths shall be staggered so that at least one, but not more than two, Qualified Members of the Committee are elected each year. If any Qualified Member of the Committee shall die, resign, be unable to act, or cease to qualify as a Qualified Member, the unexpired term of such Qualified Member shall be filled by a special election (or appointment by Committee, if applicable, pursuant to the terms stated above). Only Owners may vote to elect Qualified Members of the Committee. The Owner or Owners of each Lot shall be entitled to one vote in the election of a Qualified Member of the Committee. If more than one Owner owns a Lot, and such Owners cannot agree on which Qualified Member to elect to the Committee, the vote of such Owners shall be disregarded in the election. Elections of the Qualified Members of the Committee shall occur at the annual meeting of the Committee. Owners may vote in person or by proxy in elections for Qualified Members of the Committee. 8. All meetings of the Committee shall be open to Owners. The annual meeting shall be held upon not less than three days prior written notice to all of the Owners. Meetings of the Committee, for the purpose of carrying out its duties and powers as set forth herein, may be held from time to time without notice. Two Qualified Members of the Committee shall constitute a quorum. Actions of the Committee shall be taken by majority vote. -9-

10 9. The Committee shall have the following duties: a. To provide for the maintenance of improvements in Common Areas, including the storm water management and drainage facilities located therein. Common area maintenance shall be performed in accordance with written guidelines and standards established by Committee for maintenance of common areas, as well as generally-accepted, sound maintenance practices. b. To establish dates and procedures for he election of Qualified Members of the Committee. c. To enforce the provisions stated above. 10. The Committee shall have the following powers: a. To take such action as may be necessary to cause the Common Areas to be maintained, repaired, landscaped (where appropriate), and kept in good, clean, functional, and attractive condition. b. To take such actions as may be necessary to cause the storm water management and drainage facilities in Summerstone to be maintained, repaired, and kept in a good, clean, functional, and attractive condition and in compliance with the requirements of the Village, including an adequate capital reserve fund assessed and collected. c. To take such action as may be necessary to enforce the provisions stated above. d. To enter into contracts and to employ agents, attorneys, or others for purposes of discharging its duties and responsibilities hereunder. e. To levy and collect assessments in accordance with the provisions stated below. 11. The Committee shall levy and collect assessments in accordance with the following: a. The Owner of each Lot shall be subject to a general annual charge or assessment equal to his pro rata share of the costs incurred or anticipated to be incurred by the Association in performing its duties and discharging its obligations. The pro rata share of an Owner of a Lot shall be a fraction, the numerator of which shall be one and the denominator of which shall be the total number of Lots subject to this Declaration, at the time of the assessment. Said costs shall include, but not be limited to, taxes, insurance, repair, -10-

11 replacement, and additions to the improvements made to the Common Area, equipment, materials, labor, management, and supervision thereof, and all costs for the Association reasonably incurred in conducting its affairs and enforcing the provisions of this Section. Waukesha County shall not be liable for any fees or special assessments in the event that it should become the owner of any Lots in the subdivision by reason of tax delinquency. b. Assessments shall be approved at the duly-convened annual meeting of the Committee. c. Written notice of an assessment shall be personally delivered to each Owner subject to the assessment or delivered by regular mail addressed to the last known address of Owner. d. Assessments shall become due and payable 30 days after the mailing or personal delivery of the notice, as the case may be. e. Assessments not paid when due shall bear interest at the rate of twelve percent (12%) per annum from the date due until paid, and such unpaid assessments, and the interest thereon, shall constitute a continuing lien on the real estate against which it was assessed until they have been paid in full. The assessments and interest thereon shall also be the personal obligation of any current or subsequent Owner of the Lot against which the assessment was made. f. All annual and special assessments, until paid, together with interest and actual costs of collection, constitute a lien for the benefit of the Association on the Lots on which they are assessed. Such lien shall be subordinate and junior only to the first mortgage lien of any financial institution arising at the time of purchase of the respective Lot. If an Owner is in default in payment of any charges or assessments for a period of more than thirty (30) days, the Committee may file lien(s) therefor and bring suit for and on behalf of the Association, to enforce collection of such delinquencies to or foreclose the lien therefor, as provided by law, including , Stats. and the protective covenants, and there shall be added to the amount due (1) a $50 late fee, (2) an additional $15 late fee per day until the outstanding charges and assessments have been paid in full, and (3) the costs of collection and interest, together with actual attorney fees. Liens shall be signed and verified on behalf of the Association by any officer of the Association. The Owners of a Lot against which a lien has been filed shall not be (1) entitled to vote at Association meetings or (2) a Qualified Member, until the lien has been paid in full. -11-

12 g. Upon application by any Owner, any Qualified Member of the Committee may, without calling a meeting of the Committee, provide to such Owner a statement in recordable form certifying: (1) That the signer is a duly elected or appointed Qualified Member of the Committee, and (2) As to the existence of any unpaid assessments or other amounts due to the Association. Such statement shall be binding upon the Association and shall be conclusive evidence to any party relying thereon of the payment of any and all outstanding assessments or other amounts due to the Association. h. Any lien for assessment may be foreclosed by a suit brought by the Committee, acting on behalf of the Association, in a like manner as the foreclosure of a mortgage on real property. 12. Members of the Committee shall not be liable for any action taken by them in good faith in discharging their duties hereunder, even if such action involved a mistaken judgment or negligence by the members or agents or employees of the Committee. The Association shall indemnify and hold the members of the Committee harmless from and against any and all costs or expenses, including reasonable attorney s fees, in connection with any suit or other action relating to the performance of their duties hereunder. 13. Failure of the Association to enforce any provisions contained in this Section, upon the violation thereof, shall not be deemed to be a waiver of the rights to do so, or an acquiescence in any subsequent violation. 14. After the appointment of the Qualified Members, the Committee shall not have the power to make improvements to the Common Areas in addition to those then in existence, (herein referred to as Additional Improvements ) having a cost in excess of Five Thousand Dollars ($5,000.00) without the consent of at least seventy-five percent (75%) of the then-current Owners. 15. Anything to the contrary contained herein notwithstanding, the Association may not, and shall not be dissolved without the prior written consent of the Village Board of the Village of Merton. In the event that the Association is dissolved, the duties of the Committee and the Association shall become the direct joint responsibilities of the Owners. ARTICLE V. STORM WATER MANAGEMENT 1. The Owners of Lots in Summerstone shall be collectively responsible for maintenance of the storm water management measures. -12-

13 2. The responsible parties shall maintain the storm water management measures installed on all Outlots in accordance with the approved storm water design prepared by Land Craft Survey & Engineering dated February 24, 2004 and on file in the offices of the Village. Each Owner shall be individually responsible for the maintenance of any portion of a drainage swale that lies within or upon the Lot of such Owner. 3. The Village is authorized to access the property to conduct inspections of storm water practices as necessary to ascertain that the practices are being maintained and operated in accordance with the approved storm water management plan. 4. The responsible parties, on an annual basis, shall provide maintenance of each storm water management measure including, but not limited to, removal of debris, maintenance of vegetative areas, maintenance of structural storm water management measures, aeration equipment, and sediment removal. 5. The storm water retention pond(s) that have been constructed on Outlot 4 of Summerstone are required to assist in the removal of sediment from and detention of storm water. The storm water retention pond(s) are not intended to be used for swimming or as recreational facilities, and any use of the storm water retention pond(s) for such use is strictly prohibited. Any one entering or using the storm water rentention pond(s) for uses which are prohibited does so at their own risk. By acceptance of a deed or other conveyance of a Lot in Summerstone, each Owner and its respective successors, assigns, heirs and personal representatives thereby waives, to the fullest extent permitted by law, any and all claims for liability against the Association and the Committee, and their respective agents, contractors, employees, officers and directors, for injury or damage to persons or property sustained in or about or resulting from the use or existence of the storm water retention pond(s). In addition, each Owner (and its successors, assigns, heirs, and personal representatives) agrees to indemnify, defend, and hold harmless the Committee and the Association, and their respective agents, contractors, employees, officers, and directors from and against any and all liabilities, claims, demands, costs, and expenses of every kind and nature (including attorney s fees), including those arising from any injury or damage to any person (including death) or property sustained in or about or resulting from the use or existence of the storm water retention pond(s). 6. If the Association or any other responsible party shall fail to discharge its duties under this Declaration to maintain storm water facilities within 60 days of written demand by the Village, the Village may discharge the duties of the responsible party. The cost of the Village incurred in connection therewith (including, but not limited to, actual attorneys fees) shall be charged to the Owners and/or the Association by the Village at its discretion. The Village may add to each Owner s real estate tax statement, a charge equal to such Owner s pro rata share (the same as such Owner s share of annual assessments as provided herein). Nothing in this Declaration shall be construed to obligate the Village to discharge the duties of a responsible party. -13-

14 ARTICLE VI. ISSUANCE OF BUILDING PERMITS The Village shall issue no building permits until all improvements have been accepted by the Village engineer with the exception of the final lift of asphalt street surfaces. In addition, the Village shall issue only 11 building permits (including renovation building permit for the existing residence on Lot 4) for the subdivision for the first 12-month period beginning upon the recording of the final plat unless the Village otherwise approves. Twelve months after the recording date, the Village shall begin to issue the next 9 building permits. Only the designated number of building permits shall be issued for the initial 12-month period. Thereafter, any building permits not issued in the previous 12-month periods shall be available for reissue, provided that such number does not exceed 20 in any 12-month period. ARTICLE VII. AMENDMENT REVISIONS Any of the provisions of this Declaration may be annulled, waived, changed, modified, or amended at any time by written document setting forth such annulment, waiver, change, modification, or amendment executed by the Owners of Lots having at least seventy-five percent (75%) of the votes in the Association, provided, however, that any such action must also be approved in writing by the: 1. The Village of Merton Village Board, and 2. The Committee so long as it shall be an Owner of any lands in Summerstone. This Declaration, and all amendments, shall be executed as required by law so as to entitle it to be recorded, and shall be effective upon recording in the office of the Register of Deeds for Waukesha County, Wisconsin. ARTICLE VIII. RESERVATION BY DEVELOPMENT OF RIGHT TO GRANT EASEMENTS Committee hereby reserves the right to grant and convey eastments to the Village and/or to any public or private utility company, upon, over, through, or across those portions of any Lot within ten feet of any lot line and upon, over, through, or across any portion of any outlot for purposes of allowing the Village or utility company to furnish, gas, electric, water, sewer, cable television, or other utility service to any Lot(s); or through any portions of Summerstone for purposes of facilitating drainage of storm or surface water within or through Summerstone. Association may grant such easements in its own name and without the consent or approval of any Owner, until such time as Association or Developer (or any successor thereto) has conveyed legal title to all Lots platted, or to be platted, in Summerstone. -14-

15 ARTICLE IX. DURATION OF RESTRICTIONS These restrictions and any amendments thereto shall be in force for a term of thirty (30) years from the date this Declaration is recorded, and upon the expiration of such initial 30-year term or any extended term as provided herein. This Declaration shall be automatically extended for successive terms of ten years each, unless prior to the end of the then-current term a notice of termination is executed by the Village of Merton Village Board and the Owners of at least ninety percent (90%) of all Lots subject to this Declaration (and their mortgagees), and is recorded in the office of the Register of Deeds of Waukesha County. These Restrictions shall be deemed to run with the land and shall bind the Owners and their heirs, successors, and assigns and be enforceable by any Owner. Dated this day of, SUMMERSTONE, INC. a Wisconsin corporation By: Its STATE OF WISCONSIN ) )ss. COUNTY OF WAUKESHA ) Personally came before me this day of, 2004, the above-named, of Summerstone, Inc., to me known to be such persons who executed the foregoing instrument and acknowledge that they executed the same as an officer as the deed of said corporation, by its authority. Notary Public, State of Wisconsin My Commission: This instrument drafted by: Bret A. Roge, Esq. T:\clienta\045116\0009\A