Loading...
HomeMy WebLinkAboutSD-22-03 - Supplemental - 1170 1180 Dorset Street (10) 1 DECLARATION OF PARK ROAD COMMONS PLANNED COMMUNITY This Declaration of Planned Community for Park Road Commons is made on July, _____ 2022 by Rivers Edge Building Development, LLC (the “Declarant”). The Declarant is the owner of real property located in South Burlington, Vermont and depicted on a plat entitled “Subdivision Plat, 1170 & 1180 Dorset Street – So. Burlington, VT, Park Road Commons (AKA Residential Parcel 4)” dated January 25, 2022, last revised ________ and recorded in Map Slide ________of the City of South Burlington Land Records. Park Road Commons Planned Community is a Small Project as defined in § 1-203 of the Vermont Uniform Common Interest Ownership Act, Title 27A of the Vermont Statutes Annotated (“Act”). The Declarant hereby does not reserve any development rights. Accordingly, the Planned Community and this Declaration are exempt from the Vermont Uniform Common Interest Ownership Act under the provisions of 27A V.S.A. § 1- 203(a)(1) and is subject only to §§ 1-105, 1-106 and 1-107 of the Act. The Declarant hereby affirms that the Units are and shall be held, transferred, sold, and conveyed subject to the covenants, conditions, restrictions, easements, obligations and assessments of this Declaration and any amendments made hereto. Park Road Commons Planned Community consists of fourteen (14) Units for use as residential dwellings. The Association will own and manage the Common Elements. The Declarant shall convey the Common Elements to the Association upon conveyance of the last Unit sold if not otherwise conveyed prior to the transfer of the last Unit owned by the Declarant. Article I – Definitions 1.1 “Allocated Interests” means the common expense liability and votes in the Association. 1.2 “Association” means the Park Road Commons Planned Community Homeowners Association, Inc.. 1.3 “By-laws” means the duly adopted Bylaws of the Park Road Commons Planned Community Homeowners Association, Inc., attached as Exhibit B. 1.4 “Common Elements” means any real estate within Planned Community owned or leased by the Association, other than a Unit. 1.5 “Common Expenses” means expenditures made by or financial liabilities of the Association together with any allocations to reserves. 1.6 “Common Expense Liability” means the liability for common expenses allocated to each Unit pursuant to this Declaration. 1.7 “Executive Board” means the body which has the power to act on behalf of the Association. 1.8 “Limited Common Element” means a portion of the Common Elements allocated by this Declaration for the exclusive use of one or more but fewer than all of the Units.  2 1.9 “Planned Community” means Park Road Commons Planned Community created by this Declaration. 1.10 “Plat” means the plat entitled “Subdivision Plat, 1170 & 1180 Dorset Street – So. Burlington, VT, Park Road Commons (AKA Residential Parcel 4)” dated January 25, 2022, last revised ________ and recorded in Map Slide ________of the City of South Burlington Land Records, attached as Exhibit A. 1.11 “Unit” means a physical portion of the Planned Community designated for separate ownership or occupancy. 1.12 “Unit Owner” means the Declarant or other person that owns a Unit. Article II – Planned Community Property 2.1 Property: The property consists of all and the same lands and premises conveyed to Rivers Edge Building Development, LLC by Warranty Deed of Highland Development Company, LLC dated April ___, 2022 and recorded in Volume ____ at Page ____ of the City of South Burlington Land Records and depicted on the Plat. The Planned Community consists of a 3.645-acre parcel of land, more or less, upon which seven duplex style buildings are constructed, including Common Elements and Limited Common Elements, all as substantially depicted on the Plat. Article III – Description of Units There are seven (7) duplex dwelling buildings each containing two (2) Units. The Planned Community contains a maximum of fourteen (14) Units. The Units are “footprint” style Units. The approximate locations of these Buildings and Units are depicted on the Plat. The lower boundary of each Unit is fifty feet below the surface of the earth. The upper boundary of each Unit is fifty feet above the surface of the earth. The vertical/parametric boundaries of each Unit are the lot lines depicted on the Plat. Article IV– Description of Common Elements 4.1 Limited Common Elements. All fixtures or improvements designated to serve, attached to, or adjacent to a single Unit, but located outside the Unit’s boundaries, and shall include walkways, decks, porches, window boxes and other similar appurtenances and are allocated exclusively to the Unit to which they are appurtenant. 4.2 Common Elements. The Common Elements shall be all real estate within the Planned Community Property other than the Units, and shall all of Lot 15 as depicted on the Plat,  3 consisting of 2.91 acres, more or less, including the two private roads accessing the Planned Community. Article V – Allocated Interests The Allocated Interests of the Park Road Commons Planned Community are as follows: Unit Common Expense Liability Votes in the Association Footprint Lot 1 5.804% 1 Footprint Lot 2 5.828% 1 Footprint Lot 3 7.364% 1 Footprint Lot 4 7.364% 1 Footprint Lot 5 7.364% 1 Footprint Lot 6 7.364% 1 Footprint Lot 7 7.364% 1 Footprint Lot 8 7.364% 1 Footprint Lot 9 7.364% 1 Footprint Lot 10 7.364% 1 Footprint Lot 11 7.364% 1 Footprint Lot 12 7.364% 1 Footprint Lot 13 7.364% 1 Footprint Lot 14 7.364% 1 Article VI – Expense Liability 6.1 Responsibility for Upkeep. a) Common Elements: The Association shall be responsible for maintenance, repair and replacement of the Common Elements. b) Unit: Each Unit owner shall be responsible for the maintenance, repair and replacement of their Unit. c) Easement for Access: Each Unit Owner shall provide to the Association, their agents or employees, access through his or her Unit reasonably as is reasonably necessary for maintenance, repair or replacement of the Common Elements. 6.2 Assessments and Liens. a) Assessments 1. Assessments shall be made at least annually, based on a budget adopted at least annually by the Association. 2. Except for assessments under subsections (3), (4), and (5) of this section, all Common Expenses shall be assessed against all the Units in accordance with the allocations set forth in this Declaration. The Association may charge interest on any past due assessment or portion thereof at a rate established by the Association, not exceeding the legal rate.  4 3. The Association may allocate expenses among Units as follows: i. A Common Expense associated with the maintenance, repair, or replacement of a Limited Common Element shall be assessed against the Units to which that Limited Common Element is assigned, equally or in any other proportion the Declaration provides; ii. A Common Expense benefiting fewer than all of the Units or their Owners may be assessed exclusively against the Units or Unit owners benefited; and iii. The cost of insurance shall be assessed in proportion to risk and the cost of utilities shall be assessed in proportion to usage. 4. If damage to a Unit or other part of the Planned Community, or if any other common expense is caused by the willful misconduct or gross negligence of any Unit owner, guest, or invitee of a Unit owner, the Association may, after notice and hearing, assess that expense exclusively against that owner's Unit, even if the Association maintains insurance with respect to that damage or common expense. 5. If common expense liabilities are reallocated, common expense assessments and any installment not yet due shall be recalculated in accordance with the reallocated common expense liabilities. b) Power to Place Liens 1. The Association has a lien on a Unit for any assessment attributable to that Unit or fines imposed against its Unit owner. Reasonable attorney's fees and costs, other fees, charges, late charges, fines, and, and any other sums due to the Association under this Declaration, or as a result of an administrative, arbitration, mediation, or judicial decision, are enforceable in the same manner as unpaid assessments under this section. If an assessment is payable in installments, the full amount of the assessment is a lien from the time the first installment becomes due. 2. A lien under this section is prior to all other liens and encumbrances on a Unit except: i. liens and encumbrances recorded before the recordation of the Declaration; and ii. except as otherwise provided in subsection (c) of this section, a first mortgage or deed of trust on the Unit recorded before the date on which the assessment to be enforced became delinquent; and iii. liens for real estate taxes and other governmental assessments or charges against the Unit. 3. A lien under this section is also prior to all security interests described in subdivision (b)(2) of this section to the extent of the Common Expense assessments based on the periodic budget adopted by the Association which would have become  5 due in the absence of acceleration during the six months immediately preceding institution of an action to enforce the lien. Subsections (2) and (3) of this section do not affect the priority of mechanics' or materialmen's liens, or the priority of liens for other assessments made by the Association. A lien under this section is not subject to the provisions of 27 V.S.A. Chapter 3. 4. Recording this Declaration constitutes record notice and perfection of the lien. No further recording of any claim or lien for assessment under this section is required. 5. A lien for unpaid assessments is extinguished unless proceedings to enforce the lien are instituted within three years after the full amount of the assessment becomes due. 6. This section does not prohibit an action against Unit owners to recover sums for which subsection (a) of this section creates a lien or an association from taking a deed in lieu of foreclosure. 7. A judgment or decree in any action brought under this section shall include an award of costs and reasonable attorney's fees to the prevailing party. 8. The Association, upon request made in a record, shall furnish to a Unit owner a statement of the amount of unpaid assessments against that Unit. If the Unit owner's interest is real estate, the statement shall be recordable. The statement shall be provided within 10 business days after receipt of the request and is binding on the Association, the executive board, and every Unit owner. 9. The Association's lien may be foreclosed pursuant to 12 V.S.A. chapter 172 and subsection (o) of this section. The Association shall give the notice required by statute, or if there is no such requirement, reasonable notice of its action to all lienholders of the Unit whose interest would be affected. 10. A Unit owner is not exempt from liability for payment of common expenses by a waiver of the use or enjoyment of any of the common elements or by abandonment of the Unit. 11. In an action by an Association to collect assessments or to foreclose a lien on a Unit under this section, the court may appoint a receiver to collect all sums alleged to be due and owing to a Unit owner before commencement or during pendency of the action. The court may order the receiver to pay any sums held by the receiver to the Association during pendency of the action to the extent of the Association's common expense assessments based on a periodic budget adopted by the Association. 12. An Association may not commence an action to foreclose a lien on a Unit under this section unless: i. the Unit owner, at the time the action is commenced, owes a sum equal to at least three months of common expense assessments based on the periodic budget last adopted by the Association and the Unit owner has failed to accept or comply with a payment plan offered by the Association; and  6 ii. the executive board votes to commence a foreclosure action specifically against that Unit 13. Unless the parties otherwise agree, the Association shall apply any sums paid by Unit owners that are delinquent in paying assessments in the following order: i. unpaid assessments; ii. late charges; iii. reasonable attorney's fees and costs and other reasonable collection charges; and iv. all other unpaid fees, charges, fines, penalties, interest, and late charges. 14. Notwithstanding subsection (a) of this section, unless sums due the Association include an unpaid assessment, a foreclosure action may not be commenced against the Unit unless the Association has a judgment against the Unit owner for the sums due the Association and has perfected a judgment lien against the Unit. Article VII – Use Limitations and Restrictions 7.1 Use of Unit. Each Unit shall be used for residential purposes only, and not more than six (6) persons shall reside in a Unit. No more than three (3) unrelated persons shall reside in or occupy a Unit at any point in time. No trade or business of any kind may be carried on therein, except customary home occupations and leases for residential purposes, provided such leases are for a minimum term of six (6) months, limit occupancy as stated herein and comply with any other provisions of the Declaration, Bylaws or Rules and Regulations. The occupancy of each Unit is subject to and benefitted by all easements, restrictions and permits of record, as depicted on the Plat, as well as the covenants and restrictions more fully set forth in Article IX hereinbelow. 7.2 Alteration of Units. A Unit Owner may make improvements or alterations to a Unit which do not impair the structural integrity or mechanical systems or lessen the support of any portion of any other Unit. No structural improvements may be made to a Unit and no change in the appearance of the Common Elements, the exterior appearance of a Unit, or any other portion of the Unit may be made by any Unit Owner without the prior written approval of the Board of Directors. 7.3 State and Municipal Laws. Each Unit Owner shall comply with all applicable permits, codes, laws, ordinances, rules, and regulations, of the State of Vermont and the Town of Colchester affecting the use of the Units and Common Elements. 7.4 Interference with Others. No Unit shall be used or maintained in a manner which shall interfere with the comfort or convenience of occupants of other Units or contrary to the Bylaws or the Rules and Regulations.  7 7.5 Parking Allocations. In addition to the parking spaces located within each Unit’s garage, each Unit shall be entitled to the exclusive use of two parking spaces located in the driveway area adjacent to the Unit. Every Unit Owner shall be responsible for maintaining their respective garages in such a manner as to make the garage available for parking. Garages may not be converted to living space. Article VIII - Insurance 8.1 Coverage. To the extent reasonably available, the Executive Board shall obtain and maintain insurance coverage as set forth in Sections 8.2, 8.3, 8.4, 8.5, 8.6 and 8.7 of this Article. If such insurance is not reasonably available, and the Executive Board determines that any insurance described herein will not be maintained, the Executive Board shall cause notice of that fact to be hand-delivered or sent postage prepaid by the United States mail to all Unit Owners and Eligible Mortgagees at their respective last known addresses. 8.2 Property Insurance. (a) Property to be Covered. (i) The project facilities (which term means all structures, including the Units, but excluding land, excavations, portions of foundations below the undersurface of the lowest basement floor, underground pilings, piers, pipes, flues and drains and other items normally excluded from property policies); and (ii) All personal property owned by the Association, to the extent it is commonly insured by the Association. (b) Amounts. The project facilities shall be insured for an amount equal to one hundred percent (100%) of their replacement cost at the time the insurance is purchased and at each renewal date, less reasonable deductibles. The Executive Board is authorized to obtain appraisals periodically for the purpose of establishing said replacement cost of the project facilities and the actual cash value of the personal property, and the cost of such appraisals shall be a Common Expense. (c) Risks Insured Against. The insurance shall afford protection against all risks of direct physical loss commonly insured against. (d) Other Provisions. Insurance policies required by this section shall provide that: (i) The insurer waives its right to subrogation under the policy against the Unit Owner or member of his or her household.  8 (ii) No act of omission by any Unit Owner, unless acting within the scope of his or her authority on behalf of the Association, will void the policy or be a condition to recovery under the policy. (iii) If, at the time of a loss under the policy, there is other insurance in the name of the Unit Owner covering the same risk covered by the policy, the Association’s policy provides primary insurance. (iv) Any loss shall be adjusted with the Association. (v) Insurance proceeds shall be paid to any insurance trustee designated in the policy for that purpose, and, in the absence of such designation, to the Association, in either case to be held in trust for each Unit Owner and such Unit Owner’s mortgagee, to the extent that any Unit is affected by the loss and providing no other insurance is available for same. (vi) The insurer may not cancel or refuse to renew the policy until thirty (30) days after notice of the proposed cancellation or non-renewal has been mailed to the Association, each Unit Owner and each holder of a security interest to whom a certificate or memorandum of insurance has been issued, at their respective last known address. (vii) The name of the insured shall be substantially as follows: Park Road Commons Planned Community Homeowners Association, Inc. 8.3 Liability Insurance. Liability insurance, including medical payments insurance in an amount determined by the Executive Board but in no event less than One Million Dollars ($1,000,000.00) covering all occurrences commonly insured against for death, bodily injury and property damage arising out of or in connection with the use, ownership or maintenance of the Common Elements. (a) Other Provisions. Insurance policies carried pursuant to this section shall provide that: (i) Each Unit Owner is an insured person under the policy to the extent of liability, if any, arising out of his or her interest in the Common Elements or membership in the Association. (ii) The insurer waives its rights to subrogation under the policy against any Unit Owner or member of his or her household; (iii) No act or omission by any Unit Owner, unless acting within the scope of his or her authority on behalf of the Association, will void the policy or be a condition to recovery under the policy.  9 (iv) If, at the time of a loss under the policy, there is other insurance in the name of a Unit Owner covering the same risk covered by the policy, the Association’s policy provides primary insurance. (v) The insurer may not cancel or refuse to renew the policy until thirty (30) days after notice of the proposed cancellation or non-renewal has been mailed to the Association, each Unit Owner and each holder of a security interest to whom a certificate or memorandum of insurance has been issued, at their respective last known address. 8.4 Fidelity Bonds. A blanket fidelity bond for anyone who either handles or is responsible for funds held or administered by the Association, whether or not they receive compensation for their services, may be procured. Any such bond shall name the Association as obligee and shall cover the maximum funds that will be in the custody of the Association or the manager at any time while the bond is in force, and in no event less than the sum of three (3) months Assessments plus reserve funds. The bond shall include a provision that calls for thirty (30) days written notice to the Association before the bond can be canceled or substantially modified for any reason; except that if cancellation is for non-payment of premiums, only ten (10) days’ notice shall be required. 8.5 Workers’ Compensation Insurance. As determined appropriate by the Executive Board, it may obtain and maintain Workers’ Compensation Insurance to meet the requirements of the laws of the State of Vermont. 8.6 Directors’ and Officers’ Liability Insurance. As determined appropriate by the Executive Board, it may obtain and maintain Directors’, officers’ and managers’ liability insurance, if available, covering all of the Directors and officers of the Association in such limits as the Executive Board may from time to time determine. 8.7 Other Insurance. The Association may carry other insurance which the Executive Board considers appropriate to protect the Association or the Unit Owners, including casualty insurance on some or all of the Units, if the Board determines at any time to do so. 8.8 Premiums. Insurance premiums shall be a Common Expense. Insurance premiums on any insurance the Association may carry on Units shall be paid for by the Owners of those Units, in proportion to the relative replacement costs of the insured Units. Any insurance deductibles shall be paid by the individual Unit Owners if the damage is to a Unit or by the Association if the damage is to a Common Element. 8.9 Deductibles. Any insurance deductibles shall be paid by the individual Unit Owner if the damage is to a Unit, or by the Association if the damage is to a Common Element. Article IX – Easements 9.1 Easement for Access. Each Unit Owner is hereby granted an easement in common with each other Unit Owner in and through all Common Elements for ingress to and  10 egress from, utility service for, and support, maintenance and repair of, each Unit, subject to such reasonable rules and regulations as may be imposed by the Board of Directors. 9.2 Easement for Encroachment. To the extent that any Unit unintentionally and non- negligently encroaches upon any other Unit, Common Elements or Limited Common Elements, an easement for the encroachment is hereby granted for so long as the encroachments shall exist. 9.3 Easement for Utilities. Each Unit Owner is hereby granted an easement through the Common Elements and Limited Common Elements for installation, maintenance, and inspection of lines and appurtenances for gas, electricity, and other utilities to be located only in the Common Elements or Limited Common Elements. 9.4 Easement for Support. Each Unit Owner shall have an easement for lateral and subadjacent support from any other Unit Owners with which it shares a party wall, roof, siding and other shared construction materials. 9.5 Shared Sewage Disposal Area Easement. The Common Land, as depicted on the Plat, is subject to an easement reserved for the benefit of all Unit Owners for the installation, maintenance and repair of the community sewage disposal system. 9.6 Additional Easements. The Board of Directors of the Association shall have the power (without submitting the same to the Unit Owners for approval) to authorize the appropriate officers of the Association to execute any and all instruments conveying such easements as the Board of Directors may deem desirable for the benefit of the Planned Community over, under, above or through any of the Common Elements for such purposes and upon such terms as the Board, in its sole judgment, deems desirable; provided, however, that all such easements shall be subordinate to the liens and rights of all mortgages and deeds of trust recorded prior in time thereto unless the mortgagee or trustee shall join therein. Article X - Covenants and Environmental Restrictions 10.1 Use of Property Subject To Permits. The Property may be used and conveyed only in accordance with the conditions of the Vermont Wastewater System and Potable Water Supply Permit for the development of the Property and the permits and approvals referenced therein; the City of South Burlington Development Review Board Approval, as all of the foregoing may be amended from time to time. 10.2 Promulgation of Rules and Regulations. The Board of Directors may, from time to time, without consent of the members, promulgate, modify, or delete use restrictions and Rules and Regulations applicable to the Units and the Common Elements. Such Rules and Regulations and use restrictions shall be binding upon all Unit Owners and occupants until and unless overruled, canceled, or modified in a regular or special meeting by the vote of the members holding a majority of the total votes in the Association. Such Rules and Regulations and use restrictions may impose stricter  11 standards than those contained in this Section. The Association, acting through its Board of Directors, shall have standing and the power to enforce such standards. 10.3 Satellite Dishes. No satellite dishes or television antennae shall be installed on the exterior portion of any Building without the prior approval of the Board of Directors. 10.4 Lighting. Except for seasonal decorative lights, all exterior lights must be installed and used in a manner which will not unduly disturb surrounding Unit Owners and must be approved by the Board of Directors. 10.5 On-Site Fuel Storage. No on-site storage of gasoline, heating, or other fuels shall be permitted on any part of the Property, except for propane, and not more than ten (10) gallons of other fuel stored in each Unit for emergency purposes and operation of household and yard tools or equipment. 10.6 Outbuildings. No structures of a temporary character, tents, shacks, barns, trailers, garages, unfinished basements, or other outbuildings shall be occupied as living quarters on the Property. 10.7 Parking. No unregistered motor vehicle, or any boat, boat trailer, snowmobile, snowmobile trailer, camper, truck (other than pick-up trucks), or recreational vehicle may be parked, stored, or maintained on any portion of the Property, including garages, as garages are to be used for the parking of motor vehicles only. The parking of motor vehicles in spaces which have not been designated for parking in permits or by the Board of Directors shall be strictly prohibited. The Rules and Regulations approved by the Board of Directors may establish appropriate penalties for parking violations. 10.8 Rubbish, Trash and Garbage. All rubbish, trash, and garbage shall be stored in containers within the Unit’s garage and regularly removed from the Property. There shall be no burning of trash. 10.9 Nuisance. It shall be the responsibility of each Owner to prevent the development of any unclean, unhealthy, unsightly, or unkempt condition within his or her Unit and Limited Common Elements. No noxious or offensive activity shall be carried on upon any Unit or the Common Elements. There shall not be maintained any plants or animals or device or thing of any sort whose activities or existence in any way are noxious, dangerous, unsightly, unpleasant, or of a nature as may diminish or destroy the enjoyment of the Property, the Units or the Common Elements. 10.10 Use Of Motor Vehicles Restricted. No motor vehicles may be used on any portion of the Common Elements except driveways, private roadway, for authorized maintenance and emergency purposes, or to accommodate users of differing abilities. 10.11 Occupants Bound. All provisions of the Declaration and any rules and regulations or use restrictions promulgated pursuant thereto which govern the conduct of Unit Owners and which provide for sanction s against Unit Owners shall also apply to all occupants of the Property.  12 10.12 Leasing. Units may be leased for residential purposes. All leases shall have a minimum term of six (6) months. All leases shall require, without limitation, that the tenant acknowledge receipt of a copy of the Declaration, Bylaws, use restrictions, and Rules and Regulations of the Association. The lease shall also obligate the tenant to comply with the foregoing and shall provide that in the event of noncompliance, the Board, in addition to any other remedies available to it, may, in the event the Owner shall fail to initiate and reasonably maintain an action to evict the tenant after written request to do so by the Association, evict the tenant on behalf of the Owner and specifically assess all costs associated therewith against the Owner and the Owner’s property. 10.13 Archaeological Sites. No Unit Owner shall dig or remove any earth products or historical artifacts or cause any other disturbance of the ground within any areas designated as archaeologically sensitive areas on the Site Plan without the express written consent of the Vermont Agency of Commerce and Community Development, Division for Historic Preservation. 10.14 No Hazardous Use or Waste. Nothing shall be done or kept in any Unit or on the Common Elements which will increase the rate of insurance for the Property or any part thereof applicable for residential use. No Unit Owner shall permit anything to be done or kept in his or her Unit or on the Common Elements which will result in the cancellation of insurance on the Property or any part thereof, or which would be in violation of any law, regulation or administrative ruling. No waste shall be committed in or on the Common Elements. No hazardous waste as defined by federal, state or municipal laws or regulation shall be kept or discharged in a Unit or the Common Elements. 10.15 Animal Control. No animals shall be permitted on the Property other than dogs and other domestic pets. All dogs and other domestic pets shall be in the control of the Unit Owner at all times while on the Property. Unit Owners are responsible for immediate cleanup of any waste and/or damage to Common Elements. Owners are also responsible for all impoundment costs incurred in the control of dogs or other domestic animals while on the Common Elements. In addition, Unit Owners are subject to the animal control ordinances of the Town of Colchester. 10.16 Energy Conservation Measures. (a) The installation and/or use of electric resistance space heating is specifically prohibited. (b) All residences erected or placed on said lots shall incorporate water- conserving plumbing fixtures, including, but not limited to low-flush toilets, low -flow shower heads and aerator type or flow-restricted faucets. (c) All heated structures erected on said premises shall incorporate insulation with an R-value of at least R19 in the exterior walls, at least R-38 in the roof or cap, R-10 on cellar walls, and all windows must be double glazed, Low E glass.  13 10.17 Landscaping. The Association shall continually maintain all Common Elements, facilities, recreational amenities, and landscaping substantially as approved by the City of South Burlington Development Review Board and the Vermont Department of Environmental Conservation. All dead or diseased landscape plantings shall be replaced as soon as seasonably possible. No trees, other than diseased or damaged trees, shall be cut, with the exception of those trees required to be cut due to maintenance of public utility easements. 10.18 Solar Panel. In furtherance of the Energy Conservation Measures set forth herein, rooftop solar panel arrays are a permitted use and are encouraged. Article XI – Alteration and Termination 11.1 Amendment of Declaration. a) This Declaration, including any plats and plans, may be amended only by vote or agreement of at least sixty-six percent (66%) of Unit Owners. b) No action to challenge the validity of an amendment adopted by the association pursuant to this section may be brought more than one year after the amendment is recorded. c) Every amendment to the declaration shall be recorded in the City of South Burlington Land Records, and is effective only upon recordation. An amendment shall be indexed in the grantee's index in the name of the common interest community and the Association, and in the grantor's index in the name of the parties executing the amendment. d) No amendment may create or increase special declarant rights, increase the number of units, change the boundaries of any unit, or change the Allocated Interests of a Unit, or the uses to which any Unit is restricted, in the absence of unanimous consent of the Unit owners. e) Amendments to the declaration required to be recorded by the Association shall be prepared, executed, recorded, and certified on behalf of the Association by any officer of the Association designated for that purpose or, in the absence of designation, by the president of the Association. f) An amendment to the declaration may prohibit or materially restrict the permitted uses of or behavior in a Unit or the number or other qualifications of persons who may occupy Units only by unanimous vote or agreement of all Units. An amendment approved under this subsection must provide reasonable protection for a use or occupancy permitted at the time the amendment was adopted. 11.2 Termination.  14 a) Except in the case of a taking of all Units by eminent domain or in the case of catastrophe, the Planned Community may be terminated only by unanimous vote of all Unit owners. Executed at Colchester, Vermont this ______ day of July, 2022. _____________________ _____________________ Witness Declarant STATE OF VERMONT COUNTY OF CHITTENDEN, ss. At Colchester, this ____day of July, 2022, personally appeared Paul Brogna, duly authorized agent of Rivers Edge Building Development, LLC and he acknowledged this instrument, by him sealed and subscribed, to be his free act and deed individually and on behalf of Rivers Edge Building Development, LLC. Before me, __________________________ [seal] Notary Public My commission expires: 1/31/20___ My commission number: _____________________  15 Exhibit A Plat of Park Road Commons Planned Community Exhibit B By-laws of the Park Road Commons Planned Community Homeowner’s Association WARRANTY DEED KNOW ALL PERSONS BY THESE PRESENTS that RIVERS EDGE BUILDING DEVELOPMENT, LLC, a Vermont Limited Liability Company with principal place of business situated in the Town of Essex, in the County of Chittenden and State of Vermont, Grantor, in the consideration of TEN OR MORE Dollars, paid to its full satisfaction by _______________________ and _______________________ of the Town/City of _____________________, in the County of ______________________ and State of __________, Grantees, by these presents, does freely GIVE, GRANT, SELL, CONVEY and CONFIRM unto the said Grantees, _______________________ and _______________________, as husband and wife, tenants by the entirety, and their heirs and assigns forever, a certain piece of land located in the City of South Burlington, County of Chittenden, and State of Vermont, described as follows: Being a portion of the land and premises conveyed to Rivers Edge Building Development, LLC by Warranty Deed of Highlands Development Company, LLC dated ______________, 2022 and recorded in Volume ___ at Page ______ of the City of South Burlington Land Records, and being more particularly described as follows: Being all of Footprint Lot 1, containing 1,920 square feet, more or less, as depicted on a survey entitled “Subdivision Plat, 1170 & 1180 Dorset Street – So. Burlington, VT, Park Road Commons (AKA Residential Parcel 4)” dated January 25, 2022, last revised ________ and recorded in Map Slide ________of the City of South Burlington Land Records. (the “Subdivision Plat”). The property is conveyed subject to and with the benefit of the Declaration of Park Road Commons Planned Community dated _____________________, 2022 and recorded in Volume ____ at Page ____ of the City of South Burlington Land Records. There is conveyed herewith a membership interest in the Park Road Commons Planned Community Homeowners Association, Inc., which membership shall be appurtenant to and indivisible from the Unit conveyed herein. The property herein conveyed is subject to the terms and conditions of (1) State of Vermont Wastewater System and Potable Water Supply Permit WW-4-____ dated ______________, 2022 and recorded in Volume ____ at Page ____ of the City of South Burlington Land Records, (2) State of Vermont Land Use Permit 4C____ dated ______________, 2022 and recorded in Volume ____ at Page ____ of the City of South Burlington Land Records, (3) Authorization to Discharge Under General Permit 3-____ Page 2 of 3 (Permit Number ____-____) issued by the State of Vermont, dated ______________, 2022 and recorded in Volume ____ at Page ____ of the City of South Burlington Land Records, and (4) City of South Burlington Development Review Board approval dated ______________, 2022 and recorded in Volume ____ at Page ____ of the City of South Burlington Land Records. The property is subject to certain Rivers Edge Building Development, LLC Notice of Conditions of Subdivision Approval dated _________, 2022 and recorded in Volume ____ at Page ____ of the City of South Burlington Land Records. Reference is hereby made to the aforementioned instruments and Land Records and to the references contained therein and records thereof in further aid of this description. TO HAVE AND TO HOLD said granted premises, with all the privileges and appurtenances thereof, to the said Grantees, _______________________ and _______________________, as husband and wife, tenants by the entirety, and their heirs and assigns, to their own use and behoof forever; and the said Grantor, for itself and its successors and assigns, does covenant with the said Grantees and their heirs and assigns, that until the ensealing of these presents, it is the sole owner of the premises and has good right and title to convey the same in manner aforesaid, that they are FREE FROM EVERY ENCUMBRANCE, except as aforesaid, and it hereby engages to WARRANT and DEFEND the same against all lawful claims whatever, except as aforesaid. IN WITNESS WHEREOF, _____________________, duly authorized member of RIVERS EDGE BUILDING DEVELOPMENT, LLC hereunto set his/her hand and seal this ____ day of ________________________, 2022. RIVERS EDGE BUILDING DEVELOPMENT, LLC By: _____________________________________ _____________________________, Member Page 3 of 3 STATE OF VERMONT COUNTY OF CHITTENDEN At _____________, in said County and State this ______ day of ________________, 2022, personally appeared ______________________, the duly authorized member of RIVERS EDGE BUILDING DEVELOPMENT, LLC, and he/she acknowledged this instrument by him/her subscribed, to be his/her free act and deed, individually and on behalf of RIVERS EDGE BUILDING DEVELOPMENT, LLC. ______________________________________ Notary Public My Commission Expires 1/31/2023 My Commission Number: ____________________ IRREVOCABLE OFFER OF DEDICATION (EASEMENT) Agreement (hereinafter referred to as the “Offer”) by and between RIVERS EDGE BUILDING DEVELOPMENT, LLC of Essex, in the County of Chittenden and State of Vermont, (hereinafter referred to as “Owner”) and the CITY OF SOUTH BURLINGTON, a Vermont municipal corporation, (hereinafter referred to as “Municipality”). WITNESSETH: WHEREAS, the Municipality’s Development Review Board has approved Final Plat Application #SD- 22-___ for subdivision of a 3.645-acre parcel (the “Property”) into fifteen lots for 14 single family dwellings, as shown on the plat entitled plat entitled “Subdivision Plat, 1170 & 1180 Dorset Street – So. Burlington, VT, Park Road Commons (AKA Residential Parcel 4)” dated January 25, 2022, last revised ________ and recorded in Map Slide ________of the City of South Burlington Land Records (the “Subdivision Plat”) by Findings of Fact and Decision dated __________________________; and WHEREAS, the Property is owned by Owner, and is a portion of the lands and premises conveyed to Rivers Edge Building Development, LLC by Warranty Deed of Highlands Development Company, LLC dated _______ and recorded in Volume ___ at Page _______ of the City of South Burlington Land Records; and WHEREAS, as part of the subdivision, Owner plans to construct and subsequently dedicate to the Municipality a waterline easement as shown on the Subdivision Plat (the “Easement”); and WHEREAS, Owner now proposes, according to the terms of this Offer, to dedicate to the Municipality, free and clear of all encumbrances, the Easements, subject to the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the final approval of the Municipality’s Development Review Board and for other good and valuable consideration, it is covenanted and agreed as follows: 1. Owner herewith delivers to the Municipality one (1) Warranty Deed of Easement, a copy of which is attached hereto as Exhibits A, said delivery of said Deed constituting a formal irrevocable offer of dedication to the Municipality of the easements described therein, to be held by the Municipality until the acceptance or rejection of the Offer by the Municipality. 2. Owner agrees that this Offer of the Easement is irrevocable and can be accepted by the Municipality in whole or in part, at any time. 3. This Offer shall run with the land and shall be binding upon Owner and all its assigns, grantees, successors and/or heirs. 4. This Offer shall serve as notice to any and all utility companies that the Municipality has an interest in the Easement, which interest shall be first and superior to any easements granted to said utility companies, and all work within the area of the Easement shall be in accordance with the Municipality’s public works standards as they may be amended from time to time. DATED this _____ day of July, 2022. RIVERS EDGE BUILDING DEVELOPMENT, LLC By: _____________________________________ Paul Brogna, Member STATE OF VERMONT COUNTY OF CHITTENDEN At _____________, in said County and State this ______ day of July, 2022, personally appeared Paul Brogna, the duly authorized member of RIVERS EDGE BUILDING DEVELOPMENT, LLC, and he acknowledged this instrument by him subscribed, to be his free act and deed and the free act and deed of RIVERS EDGE BUILDING DEVELOPMENT, LLC. ______________________________________ Notary Public My Commission Expires 1/31/2023 My Commission Number: ____________________ DATED this _____ day of July, 2022. CITY OF SOUTH BURLINGTON By: _____________________________________ Duly Authorized Representative STATE OF VERMONT COUNTY OF CHITTENDEN, SS. At South Burlington this _______ day of February, 2022, personally appeared ______________, Duly Authorized Agent of the CITY OF SOUTH BURLINGTON, and s/he acknowledged this instrument by her/him subscribed, to be her/his free act and deed and the free act and deed of the CITY OF SOUTH BURLINGTON. ______________________________________ Notary Public My commission expires 1/31/2023 My Commission Number: _________________ WARRANTY DEED OF EASEMENT KNOW ALL PERSONS BY THESE PRESENTS, that Rivers Edge Building Development, LLC, a Vermont Limited Liability Company with principal place of business in the Town of Essex, in the County of Chittenden and State of Vermont (herein “Grantor”) in consideration of One Dollar and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, paid to its full satisfaction by the City of South Burlington, a Vermont municipal corporation in the County of Chittenden and State of Vermont (herein “Grantee”), by these presents does hereby FREELY GIVE, GRANT, SELL, CONVEY, AND CONFIRM unto said Grantee, and its successors and assigns forever, a certain permanent and exclusive easement over, on and through certain land and premises located in the City of South Burlington, County of Chittenden and State of Vermont bounded and described as follows, vis: Being a permanent right-of-way and easement, ten feet (10’) in width, centered on the pipe, depicted as “Proposed 10’ Wide Water Easement to City of South Burlington” on a survey entitled “Subdivision Plat, 1170 & 1180 Dorset Street – So. Burlington, VT, Park Road Commons (AKA Residential Parcel 4)” dated January 25, 2022, last revised ________ and recorded in Map Slide ________of the City of South Burlington Land Records (the “Subdivision Plat”) for the installation, construction, operation, repair, testing, inspection, maintenance and replacement of underground water mains and/or lines and related improvements and appurtenances. Grantor, and its successors and assigns, shall have the right to make use of the surface of the right-of-way and easement such as shall not be inconsistent with the use of said right-of-way, but specifically shall not modify the contours of said easement area, and shall specifically place no obstacles, structures, landscaping, or other improvements within said easement and right-of-way which shall prevent or interfere with Grantee’s ability to use such easement and right-of-way. By its recording of this Easement Deed, Grantee agrees, for itself and its successors and assigns, that any premises lying outside the scope of the easements disturbed or affected by Grantee’s exercise of the rights granted hereunder, shall be restored as near as reasonably practical to their condition prior to such entry at Grantee’s own cost and within a reasonable time, and acknowledges that it will indemnify and hold Grantor and its successors and assigns harmless, to the full limits of liability insurance that Grantee customarily maintains, for any injury or damage resulting from the public use of said right-of-way not attributable to acts or omissions of the Grantor, its successors and assigns. This Easement Deed shall act as a bill of sale and does hereby convey all improvements located on, over and under the easements and all appurtenances thereto. By acceptance and recording of this Warranty Deed, Grantee acknowledges that it has received the necessary “as-built” certifications and test results, and has performed the investigations it deems necessary to accept the above-mentioned improvements in their “as is – where is” condition. The easement described herein is located on and over a portion of the land and premises conveyed to Rivers Edge Building Development, LLC by Warranty Deed of Highlands Development Company, LLC dated ______________, 2022 and recorded in Volume ___ at Page ______ of the City of South Burlington Land Records (the “Property”). The easements are subject to: (a) all rights-of-way, easements, conditions and covenants as depicted on the Subdivision Plat, not meaning to reinstate any claims barred by operation of the Vermont Marketable Record Title Act, 27 V.S.A. §§ 601-611, both inclusive; and (b) the provisions of municipal ordinances, public laws, and special acts. Reference is hereby made to the above-mentioned instruments, the records thereof, the references therein made, and their respective records and references, all in further aid of this description. TO HAVE AND TO HOLD the easements and rights granted herein, with all the privileges and appurtenances thereof, to the said Grantee, the City of South Burlington, its successors and assigns, to its own use and behoof forever; And the said Grantor, for itself and its successors and assigns, does hereby covenant with the herein Grantee, the City of South Burlington, its successors and assigns, that until the ensealing of these presents, said Grantor is the sole owner of the premises, and has good right and title to convey the same in the manner aforesaid, that they are FREE FROM EVERY ENCUMBRANCE, except as aforesaid, and that Grantor, for itself and its successors and assigns, hereby engages to WARRANT AND DEFEND the same against all lawful claims whatever, except as aforesaid. IN WITNESS WHEREOF, Paul Brogna, duly authorized agent of Rivers Edge Building Development, LLC, hereunto sets his hand and seal this _______ day of July, 2022. RIVERS EDGE BUILDING DEVELOPMENT, LLC By: _____________________________________ Paul Brogna, Member STATE OF VERMONT COUNTY OF CHITTENDEN At _____________, in said County and State this ______ day of July, 2022, personally appeared Paul Brogna, the duly authorized member of RIVERS EDGE BUILDING DEVELOPMENT, LLC, and he acknowledged this instrument by him subscribed, to be his free act and deed and the free act and deed of RIVERS EDGE BUILDING DEVELOPMENT, LLC. ______________________________________ Notary Public My Commission Expires 1/31/2023 My Commission Number: ____________________