EXTENSION OF VENETIAN GARDENS RESTRICTION AGREEMENT
Now on the 18th day of January, 1990, the Venetian Gardens Restriction Agreement of 1964, on the 23 day of April 1980 filed under previous Document NO. 9562 is hereby extended and amended by Document NO. ________.
WITNESSETH: THAT,
WHEREAS, Venetian Gardens Homes Association was formed as a pro form corporation by the Circuit Court of Platte County, Missouri, on the 4th day of June 1946, and
WHEREAS, in 1948 a restriction agreement was made in writing between the Venetian Gardens Homes Association, a corporation, and the lot owners or the their predecessors in title to the lots in said Venetian Gardens, and
WHEREAS, on January 22, 1965, there was dated a document captioned “Venetian Gardens Restriction Agreement of 1964” which was filed under Document NO. 9562, and
WHEREAS, after due notice as provided in said agreement and after vote by two-thirds of the qualified voters voting by secret ballot at an election, the said agreement was duly extended and
WHEREAS, in 1976 after due notice and after vote by two-thirds of a majority vote of the qualified voters voting by secret ballot at an election, said agreement was again extended with two minor changes which have be re-incorporated in this agreement and
WHEREAS, on April 23, 1980, after due notice and after vote by two-thirds of a majority vote of the qualified voters voting by secret ballot at an election, said agreement was amended as set out in “Extension of Venetian Gardens Restriction Agreement” filed under document number 49326
WHEREAS, in 1990 after due notice and after vote by two-thirds of a majority vote of the qualified voters voting by secret ballot at an election, said agreement was again further modified and extended as follows:
NOW, THEREFORE, Venetian Gardens Restriction Agreement is hereby extended until April 23, 2000 and shall extend itself automatically for successive ten (10) year periods unless by action of the Venetian Gardens Homes Association, Inc said agreement shall be otherwise amended, terminated or changed and said agreement shall henceforth read as follows:
PERSONS BOUND BY THESE RESTRICTIONS:
All persons and corporations who now own or shall hereafter acquire any interest in any of the land which is hereby specifically restricted shall be taken and held to agree and covenant with the owners thereof and with their heirs, administrators, executors successors and assigns, to conform to and observe the following covenants, restrictive and stipulations as to the use thereof, and the construction of residence and improvements thereon. Provided further, that nothing herein contained shall be construed to prevent the continued use of said land, or any part or parts thereof, for the purpose for which it is now being used, nor shall any of the restrictions herein set forth and contained be deemed or construed to apply to any of the above described land which is now or may hereafter be dedicated or used for public street, road or park purposes, or any other public or semi-public use or purpose.
USE OF SAID LAND:
None of said land may be improved, used or occupied for other than private residence purposes, and no flat or apartment house, duplex, condos and fourplex, though intended for residence purposes may be erected thereon. Any residence erected or maintained thereon shall be designed for occupancy by a single family provided however, that nothing herein contained shall be construed to prohibit the use of any part or parts of said land which is hereby restricted. For street, road or park purposes, or other public or semi-public use of purpose.
None of the land or lots shall be used for other than residence purposes only and but one dwelling house shall be erected on any lot or tract of land except as hereinafter set out. No lots or tracts of land shall be used for any unlawful or illicit purposes, nor shall any noxious or offensive trade or activity be carried on upon any lot nor shall anything be done thereon which may be or become an annoyance or nuisance to the subdivision.
No trailer, basement, tent house, shack, garage, barn or other outbuildings and no unpainted wooden houses, except of log or slab construction, shall be erected on any lot or tract of ground and if already erected shall they be used at any time as a residence, temporarily or permanently, nor shall any structure of a temporary nature be used as a residence.
All toilets, baths, sinks, lavatories and drains shall be connected with the sewer when the sewer system is made available in said addition.
All lots and tracts of land in Venetian Gardens Addition shall at all times be kept in a clean and sanitary condition and all refuse and garbage of all kinds shall be kept in closed receptacles. No refuse of any kind or description shall be allowed in any way to reach or be carried into or deposited in the lake. No livestock or poultry shall be kept in said addition.
EASEMENT CREATED:
An easement is hereby created for the purpose of placing pipes, conducts, poles, wires, sewers and other necessary construction across the front end and/or back of said lots and tracts of land whenever necessary for the transmission of water, gas, electrical energy and sewage, and to that end privilege is hereby granted for such excavation as may be necessary for such construction work; provided, however, that dirt taken from any excavation shall be replaced and the surfaces left as nearly as possible in its original condition after the work is completed.
LAKE PRIVELAGES:
The owner of any lot or tract of land, his heirs and assigns, shall, subject to compliance with the restrictions contained in this agreement, and while holding said lot or tract of land have license personally and for the family and for said owners guests, exclusively, to the use and enjoyment of the lake in said addition, known as Houston Lake and designated on the plat as Lake Venetian which shall include boating, swimming, fishing, and the use of the beaches, also including the right to moor boats on the shore of said lake, all subject to the rules and regulations prescribed by the Venetian Gardens Homes Associations or its successors and assigns from time to time.
METHOD OF PROVIDING GENERAL FUND:
For the purpose of providing a general fund to enable the Venetian Gardens Homes Association to perform its duties, and to maintain the improvements thereon, all land within the boundaries of Venetian Gardens Addition shall be subject to an annual improvement assessment to be paid to the Association annually in advance by the respective owners of the assessable land subject thereto, which assessable land shall be deemed to be all of the land in the aforesaid plat of Venetian Gardens Addition, exclusive however, of all land contained in streets, roadways, drives, parks, parkways, playgrounds, Houston Lake, and the shore line adjacent thereto or any other public places open to the public for the common use of the owners of the land within the addition. The amount of the annual assessment shall consist of a minimum of FIFTY DOLLARS ($50.00) per lot or tract and such additional funds as may be authorized by the majority of the qualified members voting by secret ballot on the regular or special association election day.
The tract referred to above shall be a continuous tract of ground used as a single tract of ground for one residence dwelling or single continuous tract or vacant property. Adjacent adjoining tracts owned by one owner would be one tract of ground. Property separated by roads, park property, etc would not be a single tract or property. The Annual assessment shall be for the period from January 1 to December 31 inclusive and shall be due and payable upon receipt of the treasurer’s statement, such assessment shall be delinquent thirty (30) days from the date of the postmark on the assessment notice.
ASSESSMENT DUE EACH YEAR:
The first assessment shall be for the year beginning January 1, 1965, and shall by payable within thirty (30) days of assessment notice. Thereafter each year the annual assessment shall be due and payable in like manner. It will be the duty of the association to notify all owners whose addresses are listed with the association giving the amount of the assessment, when due and payable. The treasurer of the association shall notify each owner and receive payment of the same and issue the Association’s receipt therefore if requested.
WHAT CONSTITUTES NOTICE:
A written or printed notice of the assessment deposited in the Unites States Post Office with postage thereon prepaid and addressed to the respective owners at the last address listed with the association shall be deemed to be sufficient for this purpose or for any other purpose of the agreement where notices are required.
LIEN ON REAL ESTATE:
The assessment shall become a lien on said real estate as soon as it is due and payable as set forth. In the event of failure of any of the owners to pay the assessment within thirty (30) days after the same is levied, then such assessment shall bear interest at the rate of TEN PERCENT 10% PER ANNUM from the first day of January of the year in which the same is levied but if the assessment is paid within thirty (30) days from the date of the assessment, then no interest shall be charged. The assessment date shall be considered to be the postmark date of the assessment notice.
WHEN DELINQUENT:
Within thirty (30) days from the date of the assessment for the fiscal year during and for which the assessment is made, the assessment shall become delinquent and payable of principal and interest may be enforced as a lien on said real estate, in proceedings in any court in Platte County, Missouri, having jurisdiction of suits for the enforcement of such liens. It shall be the duty of the Association to bring suit to enforce such liens before the expiration thereof. The Association may at its discretion file certificates of non-payment of assessments in the office of the Recorder of Platte County, Missouri, whenever any such assessments are delinquent. For each certificate so filed, the Association shall be entitled to collect from the owner or owners of the property described therein, all incurred expenses plus attorney fees which are hereby declared to be a lien upon the real state so described in said certificate and shall be collectible in the same manner as the original assessment provided for herein.
TERMINATION OF LIEN:
Such Lien shall continue for a period of Ten (10) years from the date of delinquency and no longer, unless within such time suit shall have been instituted for the collection of the assessment, in which case the lien shall continue until the termination of the suit and until the sale of the property under execution of the judgement establishing same.
EXPENDITURES LIMITED TO ASSESSMENT FOR CURRENT YEAR:
The Association shall at no time spend more money or incur any indebtedness for more than the total available funds currently on hand. Except for dire emergencies, funds held in special accounts for dredging, etc, may not be spent for any other purpose than was originally intended without the approval of a two-thirds (2/3) majority vote of the qualified members voting by secret ballot at a regular or special meeting. Emergency expenditures may be made only to prevent loss of life due to failure of lake facilities. These expenditures may be authorized immediately by the Association president or a majority of the Board Members and are limited only to the total of the available association funds. Legal assessments for Federal, State, County and City taxes are payable upon approval of the Association Board regardless of the amount. Other maintenance, operating and construction expenses under $500.00 each or a total of $1000.00 per year may be approved by the Board of Directors of the Venetian Gardens Homes Association. All other expenses must be approved by a majority vote of qualified voting members voting by secret ballot at a regular or special election.
DURATION OF RESTRICTIONS:
Each of the restrictions above set forth shall continue and be binding upon the said owners of tracts of land or lots in Venetian Gardens Addition and upon the executors, administrators, heirs, successors from said date of termination, may be added to, modified, changed, or parts eliminated by two-thirds (2/3) majority vote of the qualified voters voting by secret ballot at a regular or special election. Written notice must be mailed to the members not less than thirty (30) days before the election day.
RIGHT TO ENFORCE:
Subject to the provisions of the section hereof, each of the restrictions herein set forth shall bind the present owners, their heirs, executors, administrators, successors and assigns, and all parties claiming by, through, or under them shall be taken to hold, agree and covenant with the owners of said land to conform to and observe said restrictions as the use of said land and the construction of improvements thereon, that no restrictions herein set forth shall be personally binding upon any corporation, person or persons, except in respect of breaches committed during its, his or their seisin of or title to said land. The owner or owners of any of the above described land, and such other land as may hereafter be subjected to the terms hereto, and the Venetian Gardens Homes Association, its successors and assigns, shall have the right to sue for and obtain an injunction prohibitive and mandatory to prevent the breach of or to enforce the observance of the restrictions above set forth in addition to ordinary legal action for damages subjected hereto, to enforce any of the restrictions herein set forth, at the time of its violation shall in no event be deemed to be waiver of the right to do so thereafter, or subsequently subject hereto, may by appropriate agreement assign or convey to any person or corporation, all of the rights, restrictions and privileges herein reserved by them, their assigns or grantees may at their option, exercise, transfer or assign those rights or any one or more of them at any time or times in the same way and manner as though directly reserved by them on it in this instrument.
INVALIDITY OF ANY CLAUSE:
Invalidation of any one of these covenants by judgement or court order shall in no wise affect any of the other provisions which shall remain in full force and effect.
IN WITNESS WHEREOF:
The parties hereto have cause these presents to be signed by its President and attested by its Secretary, and the corporation seal to be hereto attached, the day and year first above written