TABLE OF CONTENTS
RIVERWOOD PLACE
INDENTURE OF TRUST AND RESTRICTIONS
SECTION PAGE
1. Definitions 2
2. Property Subject to this Indenture 3
3. Creation of Association 3
4. Duration 3
5. Selection of Trustees; Meeting of Owners 4
6. Reservation of Expenditures 9
7. Easements and Property Rights 9
8. Assessments 12
9. Architectural Control 15
10. Trustees’ Duties and Powers 16
11. Use Restrictions 19
12. General Provisions 21
RIVERWOOD PLACE
INDENTURE OF TRUST AND RESTRICTIONS
THIS INDENTURE, made this 8th day August, 1984, by RIVERWOOD PLACE DEVELOPMENT CO., a joint venture between Community Savings Service Corporation, a Missouri Corporation, and McBride & Son Associates, Inc., a Missouri corporation (hereinafter referred to as “Grantor”); and Richard R. Gastorf, Richard T. Sullivan, Jr., and Thomas W. Morehead, (hereinafter collectively called “Trustees”);
WITNESSETH, THAT:
WHEREAS, Grantor is the owner of certain real property located in St. Louis County, Missouri, and desires to create thereon a planned community to be known as “RIVERWOOD PLACE” with open spaces, recreational facilities, streets, roads, walkways and other common facilities for the benefit of said community; and
WHEREAS, RIVERWOOD PLACE has been established as a planned environment unit development within St. Louis County, Missouri, and Grantor desires to insure compliance with those requirements and the general purposes and objectives upon which RIVERWOOD PLACE has been founded; and
WHEREAS, Grantor desires to develop RIVERWOOD PLACE in phases as generally indicated on the Final Development Plan (hereinafter defined) as a coordinated development of both Single Family Dwellings and Multiple Family Dwellings; and
WHEREAS, all reservations, limitations, conditions, easements and covenants herein contained (hereinafter sometimes referred to as “covenants and restrictions”) are jointly and severally for the benefit of Grantor and all persons who may purchase, hold or own from time to time any of the property covered by this Indenture;
NOW, THEREFORE, the Grantor declares that the property described in Exhibit A and such additions thereto as may hereafter be made pursuant to this Indenture is and shall be held, transferred, sold, conveyed and occupied subject to the covenants and restrictions hereinafter set forth:
1. DEFINTIONS:
The following words when used in this Indenture (unless the context shall prohibit) shall have the following meanings:
(a) “Association” or “Riverwood Place Association” shall mean and refer to the Riverwood Place Association, and its successors and assigns.
(b) “The Properties” shall mean and refer to all such existing properties, and additions thereto, as are subject to this Indenture.
(c) “Common Properties” shall mean and refer to those areas of land owned by the Association or in which the Association has easement, license or other occupancy or use rights, as an appurtenance to any of the Properties or otherwise, and which are intended to be devoted to the common use and enjoyment of the owners of the Properties, including, without limitation, parks, open spaces, playgrounds, streets, subdivision entrance areas and monuments, street lights, storm water control easement areas and facilities, paths, walkways, and other trail systems, club houses, swimming pools, golf courses, tennis courts, and other facilities for the benefit in common of such owners.
(d) “Trustees” shall mean the Trustees named herein and their successors.
(e) “Lot” shall mean and refer to any plot of land shown on any final recorded subdivision plat of Properties with the exception of the Common Properties as herein defined, for use as single family or multiple family dwellings or other purposes as described herein.
(f) “Multiple Family Dwelling” shall mean and refer to a condominium unit located in a multiple family building initially constructed to contain two or more such units.
(g) “Single Family Dwelling” shall mean and refer to a building which was initially constructed to contain one dwelling unit.
(h) “Living Unit” shall mean and refer to both a Multiple Family Dwelling and a Single Family Dwelling.
(i) “Owner” shall mean and refer to the record owner, whether one or more persons or entities, of the fee simple title to any Lot or Living Unit situated upon the Properties, but shall not mean or refer to any Mortgagee unless and until such Mortgagee has acquired title pursuant to foreclosure or any proceeding in lieu of foreclosure.
(j) “Member” shall mean and refer to all those Owners who are members of the Riverwood Place Association.
(k) “Mortgage” and “Mortgagee” shall mean and refer also to a deed of trust and the trustee and beneficiary under a deed of trust, respectively.
(l) “Final Development Plan” shall mean and refer to that final development plan for the Properties (Riverwood Place) which has been approved by the Director of Planning of St. Louis County and recorded in the St. Louis County Recorder’s Office, as such final development plan may be amended from time to time.
(m) “Multiple Family Area” shall mean and refer to those portions of the Properties which are actually developed with Multiple Family Dwellings.
(n) “Single Family Area” shall mean and refer to those portions of the Properties which are actually developed with Single Family Dwellings.
2. PROPERTY SUBJECT TO THIS INDENTURE:
(a) The real property which is, and shall be held, transferred, sold, conveyed and occupied subject to this Indenture is located in St. Louis County and is more particularly described in the legal description contained in Exhibit A attached hereto and made a part hereof by reference.
(b) The Grantor, at its sole discretion, may from time to time add to the land subject to these covenants and restrictions such land as is now owned or hereafter owned or approved for addition by the Grantor. The additions authorized under this section shall be made by executing and filing of record in St. Louis County an instrument executed by Grantor which shall extend this Indenture to such additional properties. Said instrument may contain such complementary additions and modifications of the covenants and restrictions contained in this Indenture as may be necessary to reflect the different character, if any, of the added properties and as are not inconsistent with the scheme of this Indenture, and may limit the availability of the Common Properties, or portions thereof, including the prohibition of use thereof, to such added properties.
3. CREATION OF ASSOCIATION:
All of the present and future Owners of any Lot or Living Unit as is now or shall later become subject to this Indenture shall automatically be a member of the group of property owners hereby established and known as “Riverwood Place Association” (“Association”) and, as such, shall have all of the rights, privileges, duties and liabilities as are prescribed under the terms and provisions of this Indenture.
4. DURATION:
The covenants and restrictions of this Indenture shall run with and bind the land in perpetuity until the subdivision is vacated or unless terminated as provided herein. This Indenture may be terminated by an instrument agreeing to terminate this Indenture signed by the then Owners of two-thirds (2/3) of the Lots and Living Units subject hereto and by the Director of Planning of St. Louis County. No such agreement of termination shall be effective unless made and recorded one (1) year in advance of the effective date of such termination, and unless written notice of the proposed agreement of termination is sent to every Owner at least ninety (90) days in advance of any action taken. In the event the subdivision is vacated, this Indenture shall terminate and thereafter fee simple title shall vest in the then Lot or Living Unit Owners as Joint Tenants. The rights of the Joint Tenants shall be exercisable appurtenant to and in conjunction with their Lot or Living Unit ownership. Any conveyance or change in ownership of any Lot or Living Unit shall convey with it ownership in the Common Properties, and no interest in the Common Properties shall be conveyed by a Lot or Living Unit Owner except in conjunction with the sale of a Lot or Living Unit. The sale of any Lot or Living Unit shall carry with it all the incidents of ownership of the Common Properties although such is not expressly mentioned in the Deed; provided, however, that no right or power conferred upon the Trustees shall be abrogated.
5. SELECTION OF TRUSTEES; MEETINGS OF OWNERS:
(a) There shall be three (3) Trustees. The original Trustees are the persons named herein. During the period of service of said Trustees, one or more of the same shall be subject to removal by Grantor with or without cause, and Grantor shall have the exclusive right to designate the successor to such removed Trustee for his or her unexpired period of service as provided for hereunder. Should any of the named Trustees, or their appointed successors, die, resign, or cease to hold office as set out, or decline to act or become incompetent or unable for any reason to discharge the duties, or avail himself or herself of or exercise the rights and powers hereby granted or bestowed upon them as Trustees under this Indenture, then and thereupon, Grantor shall have the exclusive right to designate the successor thereto for his or her unexpired period of service as provided for hereunder. In the event that the provisions of this Indenture cannot be fulfilled by reason of unfilled vacancies among the Trustees, a Lot Owner or Living Unit Owner may petition the St. Louis County Council and said Council shall appoint a trustee to fill the vacancy during said interim (hereinafter referred to as “Interim Trustee”). Any Interim Trustee who is not a Lot Owner or Living Unit Owner shall receive a reasonable fee for services rendered and said fee shall be determined by the Trustees who are not Interim Trustees. Said fee shall be levied as a special assessment against the Lot Owners and Living Unit Owners which assessment shall not be subject to any limitations on special assessments, if any, contained in this Indenture.
(b) Until such time as Grantor has sold and conveyed all of the Lots and Living Units which may be subjected to this Indenture pursuant to the Final Development Plan to persons or entities other than a successor builder or developer the following procedure for designating successor Trustees shall be followed:
(i) After Grantor has sold and conveyed fifty percent (50%) of the Lots and Living Units (in the aggregate) which may be subjected to this Indenture pursuant to the Final Development Plan) to persons other than for development, Thomas W. Morehead, or his or her appointed successor shall resign and his or her successor shall be elected by the Members of the Association at large at a special meeting of the Members to be called thereafter, such successor being the nominee receiving the highest number of votes cast. “Such Trustee shall serve as Trustee until all Trustees are elected by members of the Association under the provisions of Section 5 (c) following.”
(ii) After Grantor has sold and conveyed ninety-five percent (95%) of the Lots and Living Units (in the aggregate) which may be subjected to this Indenture pursuant to the Final Development Plan to persons other than for development, Richard T. Sullivan, Jr., or his or her appointed successor shall resign and his or her successor shall be elected by the Members of the Association at large for a term of one (1) year at a special meeting of the Members to be called thereafter, such successor being the nominee receiving the highest number of votes cast.
(iii) Grantor, at its sole option, may appoint a second trustee at large from the membership of the Association prior to the time designated for election of a second trustee as set out in paragraph 5 (b) (ii) above. The appointment of the second trustee shall give the Association control of the trustees with the rights and powers as set out in paragraph 6 of this First Amendment. In anticipation of Grantor exercising this option the Association may call a special election in accordance with the provisions of this Indenture to elect a member of the Association to be the nominee for Trustee to be appointed by Grantor under the provisions of this subparagraph (iii).
In the event Grantor does appoint the nominee elected by the Association as the second trustee prior to the time set forth in paragraph 5 (b) (ii) above, then such nominee shall become a Trustee with full powers and shall not be subject to removal by Grantor, just as if such nominee were elected pursuant to the provisions of 5 (b) (ii), and no Trustee shall be elected by the Association members under the provisions of 5 (b) (ii) and the appointed nominee shall serve as trustee until all trustees are to be elected by the members of the Association under the provisions of paragraph 5 (c) following.
(c) After Grantor has sold and conveyed all of the Lots and Living Units (in the aggregate) which may be subjected to this Indenture pursuant to the Final Development Plan other than to a successor builder or developer, but no later than August 17, 1991, the following procedure shall be followed:
(i) All of the then Acting Trustees shall resign.
(ii) At a special meeting of the Members of the Association, the Members of the Single Family Area shall elect one (1) Trustee, the Members of the Multiple Family Area shall elect one (1) Trustee, and the Members of the Association as a whole shall elect one (1) Trustee, so that there shall be a total of three (3) Trustees, one from the Single Family Area, one from the Multiple Family Area and one elected at large. Such Trustees shall be elected for an initial term expiring as of the annual meeting next succeeding the following period: