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HomeMy WebLinkAboutEastwood Commons HOA versionsTompkins County Clerk Recording Gage Return To Maureen Reynolds, County Clerk HANCOCK ESTABROOK Tompkins County Clerk BOX 320 North Tioga Street Ithaca, NY 14850 (607)274-5431 Document Type: AFFIDAVIT - MISC Party 1 ]ACOBUS, MARY Fees Recording Fee Pages Fee State Surcharge Notation Fee Total Fees Paid: Refers To BF148560-001 $20.00 $80.00 $20.00 $0.50 $120.50 State of New York County of Tompkins Receipt Number: 22-347957 Party 2 Instrument #: 2022-12161 Recorded on October 27th, 2022 at 3:13:35 PM with a total page count of 16. Tompkins County Clerk This sheet constitutes the Clerk's endorsement required by section 319 of the Real Property Law of the State of New York Do Not Detach RG 10/27/2022 03.13 35 PM 2022-12161 10/27/2022 03:13:35 PM AFFIDAVIT AND CERTIFICATION State of New York ) County of Tompkins ) ss.: Mary Jacobus, being duly sworn, deposes and says that: I am the duly appointed Secretary of the Board of Directors of Eastwood Commons Residents Association, Inc., a New York not -for -profit corporation (the "Association"). The resolutions attached hereto as Exhibit A were adopted by the members of the Association in accordance with Section 603 of the New York Not -for -Profit Corporation Law. Pursuant to such resolutions, the members of the Association approved an amendment to the Declaration of Covenants, Conditions and Restrictions in the form attached hereto as Exhibit B. 4. I certify that Carl Norton is the duly elected President of the Association; that I am the duly elected Secretary of the Association; that said resolutions are not in contravention of the Certificate of Incorporation or Bylaws of the Association; that the members of this Association have full power and authority to amend the Declaration pursuant to the foregoing resolutions; that said resolutions were adopted at a duly called and held meeting of the members by at least 75% of the members; and that said resolutions have not been revoked, annulled, cancelled or terminated and are still in full force and effect. Dated: 7}L, , 2022 //I/ I Mary Jacobus, Secr&4ry State of New York ) ss.: County of Tompkins ) On the � day of October in the year 2022, before me, the undersigned, a Notary Public in and for said State, personally appeared Mary Jacobus, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity, and that by her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. CARRIE JEANNE POLLAK Notary Public, State of New York No, 02PU6252005 (_ oualified in Tompkins County Notary Public' Commission Expires November 26, 20 2022-12161 10/27/2022 03:13:35 PM Exhibit A Resolutions of the Members of Eastwood Commons Residence Association 2022-12161 10/27/2022 03:13:35 PM RESOLUTIONS OF THE MEMBERS OF EASTWOOD COMMONS RESIDENTS ASSOCIATION, INC. WHEREAS, the Association has reviewed the proposed amendments to the Declaration of Covenants, Conditions, and Restrictions (the "Declaration"), in the form attached hereto as Exhibit "A" ("A&R Section 5"), which shall amend and restate Section 5 of the Declaration in its entirety; WHEREAS, that the Association deems it feasible, economic and in its best interest to adopt A&R Section 5. NOW THEREFORE LET IT BE: RESOLVED, that the Association hereby adopts the A&R Section 5 to the Declaration to be effective immediately; RESOLVED, that the Board shall work with counsel to the Association to conform A&R Section 5 to appropriate recordable instruments; RESOLVED, that A&R Section 5, as so conformed, shall be submitted to the Tompkins County Clerk with the request that said clerk accept such amendment or amendments for recording in the Tompkins County Clerk's Office; RESOLVED, that the Association hereby ratifies, confirms and approves all actions taken by the Board or individual officers or directors thereof with respect to these resolutions, and authorizes, directs and empowers the Board or individual officers or directors to execute any instrument or document required to implement these resolutions, and to do or perform any such other and further action(s) as may be necessary or desirable to effect, implement or consummate the foregoing resolutions, the act of executing and delivering said documents being conclusive evidence of the exercise of powers granted hereby; and RESOLVED, that a copy of these resolutions shall be filed with the minutes of the proceedings of the Board of Directors and Members of the Association. 2022-12161 10/27/2022 03:13:35 PM EXHIBIT A (AMENDMENT AND RESTATEMENT OF SECTION 5) Section 5. Rental of Lots. 5.1 Amendment and Restatement of Fifth Amendment,. A person or entity owning a Lot is permitted to rent such Lot to tenants, subject to the provisions of this Section 5. No person or entity owning more than one Lot may rent out more than one Lot at a time. This provision shall not apply to Lots acquired prior to January 1, 1996. 5.2 Generally. The Properties are intended and designed to be an owner -occupied single family residential development. It is deemed to be in the long term best interests of the Association and the Members that the Properties remains owner -occupied. Consistent with that objective, each Lot must, subject to this Section 5, be owned exclusively for owner -occupancy, and not for investment or other purposes. Except as authorized by this Section 5, each Lot shall, at all times, be occupied by at least one Owner of the Lot or be vacant. If a Lot is owned by an entity other than a natural person (such as a corporation, partnership, limited liability company, or trust), the Lot is considered owner -occupied if the person occupying that Lot is a director, officer, partner, or the holder of an equivalent position, of that Owner, or is a trustee, a grantor, or a beneficiary of a trust in the case of a trust owning that Lot. The following provisions shall apply to the occupancy and leasing of the Lots: 5.2.1 Definitions. Each Owner of a Lot as of the date of recording of this Sixth Amendment is referred to hereinafter as an "Exempt Owner." The terms "lease," "leasing," and "leased" (or other variations of the term "lease"), as used in this Declaration, are given their ordinary meaning and are deemed to also mean "rent," "renting," and "rented" (or other variations of the term "rent"). 5.2.2 ADDlication of this Amendment to the Properties. Each Exempt Owner, and the Lot owned by the Exempt Owner (the "Exempt Lot"), shall be exempt from the leasing and occupancy restrictions set forth in this Section 5 (except for Section 5.2.4) as to the Exempt Lot until the date that each Exempt Owner of the Exempt Lot is no longer an Owner of the Exempt Lot. The Association shall, as soon as practical after the recording of this Sixth Amendment, implement reasonable procedures by which each Owner must notify the Association in writing of the leasing and occupancy status of that 2022-12161 10/27/2022 03:13:35 PM Owner's Lot as of the date of recording of this Sixth Amendment and to verify the ownership status of that Lot. 5.2.3 The Association may, but is not obligated to, grant to an Owner an exemption to the leasing and occupancy provisions set forth in this Section 5.2.3 upon written application by the Owner to the Association, under the following circumstances: 5.2.3.1 An Owner who is occupying that Owner's Lot, who will reside at least forty (40) miles from such Lot for employment purposes, and who has a reasonable basis to believe that he or she will reoccupy that Lot within two years following the initial date of the transfer, may allow occupancy of that Lot by a natural person other than the Owner only during the actual time period that the Owner is away from such Lot due to said employment, but only up to a maximum of two years following the initial date of the transfer. The Association may require that the Owner sign an agreement prior to transfer which describes the conditions for allowing that alternative occupancy arrangement. 5.2.3.2 An Owner who is occupying that Owner's Lot, who has been accepted for an educational program sponsored by a bona fide, accredited educational institution or who has been granted a sabbatical leave for educational purposes, who will reside at least forty (40) miles from such Lot for such educational program or sabbatical leave, and who has a reasonable basis to believe that he or she will reoccupy that Lot within two years following the initial date of departure from such Lot for such purposes, may allow occupancy of that Lot by a natural person other than the Owner only during the actual time period that the Owner is residing away from such Lot due to such educational or sabbatical purposes, but only up to a maximum of two years following the initial date of departure from such Lot for such purposes. The Association may require that the Owner sign an agreement prior to departure which describes the conditions for allowing that alternative occupancy arrangement. 5.2.3.3 An Owner who is occupying that Owner's Lot, who has a family medical emergency or who is the family's sole care giver, who will reside at least forty (40) miles from such Lot in order to take care of a medical or care emergency, and who has a reasonable basis to believe that he or she will reoccupy that Lot within two years following the initial date of departure from such Lot for such medical or care purposes, may allow occupancy of that Lot by a natural person other than the Owner only during the actual time period that the Owner is residing away from such Lot due to such leave, but only up to a maximum of two years following the initial date of the departure from such Lot for such purposes. The Association may require that the Owner sign an agreement prior to departure which describes the conditions for allowing that alternative occupancy arrangement. 2022-12161 10/27/2022 03:13:35 PM 5.2.3.4 An Owner who is occupying that Owner's Lot, who is a member of the United States military service who is transferred at least forty (40) miles from such Lot by reason of such service, who will reside at least forty (40) miles from such Lot for such service, and who has a reasonable basis to believe that he or she will reoccupy that Lot within two years following the initial date of the transfer, may allow occupancy of that Lot by a natural person other than the Owner only during the actual time period that the Owner is residing away from such Lot due to such service, but only up to a maximum of two years following the initial date of the transfer. The Association may require that the Owner sign an agreement prior to departure which describes the conditions for allowing that alternative occupancy arrangement. 5.2.3.5 An Owner may lease that Owner's Lot (but only in exchange for monetary consideration paid by the lessee(s)) based upon a financial hardship or extenuating financial circumstances, but only up to a maximum of two years from the initial date of occupancy of the Lot by the lessee(s). The Owner shall submit to the Board of Directors of the Association a written request describing the financial hardship or extenuating financial circumstances, and the length of time (up to said two-year maximum) for which that Owner requests a waiver of the leasing and occupancy restrictions in this Section 5. In order to grant such an exemption to that Owner, the Board of Directors of the Association must find that there were sudden, unforeseen circumstances creating the financial hardship or extenuating financial circumstances. 5.2.3.6 Upon request by an Owner, the Association may grant additional or extended exemptions to the leasing and occupancy restrictions set forth in this Section 5 based upon criteria for situations comparable to those described in Sections 5.2.3.1 through 5.2.3.5. Those situations include, but are not limited to, those involving an Owner requesting to lease that Owner's Lot to a member of that Owner's family, or those involving an Owner who conveys all or a portion of the title to that Owner's Lot to that Owner's child, but which Owner continues to live in that Lot for a period of time. The Association may require that the Owner sign an agreement prior to departure which describes the conditions for leasing the Owner's Lot or allowing an alternative occupancy arrangement. 5.2.4 In the event that a Lot is allowed to be occupied by a person other than an Owner pursuant to the terms of Section 5.2.3 or by a Lot that is owned by an Exempt Owner pursuant to Section 5.2.3, that occupancy and each Owner of that Lot shall be subject to the following additional conditions: (a) the Lot shall not be subleased, 2022-12161 10/27/2022 03:13:35 PM (b) the Lot must be leased in its entirety (not by room), except where an Owner of the Lot is simultaneously occupying such Lot along with a tenant, (c) each lease shall be in writing, (d) unless otherwise required in connection with the financing, guarantee, or insuring of a Lot mortgage, and except for the leasing of a Lot by the Association, and except where an Owner of the Lot is simultaneously occupying that Lot along with a tenant, no lease shall be for a period less than six (6) months, except (i) for extenuating situations approved by the Board of Directors of the Association or (ii) in connection with a Lot owned by an Exempt Owner, in which case no lease shall be for a period less than two (2) months, (e) each lease shall provide that it is subject to the Declaration and any rules and regulations promulgated by the Association, and that any failure of the lessee to comply with the terms of the same shall be a default under the lease, (f) the occupancy of the Lot, and each occupant of the Lot, shall be subject to Declaration and any rules and regulations promulgated by the Association, (g) if the Lot is to be leased, the Association shall, prior to occupancy of the Lot by a lessee, receive from the Owner of the Lot a copy of the fully -signed lease and a copy of any license, permit, or similar document issued by the applicable municipality to the Owner of the Lot and such municipality requires such Owner to have as a condition of the leasing, if any, (h) prior to occupancy of a Lot by the non-Owner(s), the Association shall receive a written list of the name and telephone number of each person who will occupy the Lot, and the absentee address and telephone number of the absentee Owner, and (1) the Lot shall not be leased for transient or hotel purposes (any occupancy which includes services customarily furnished to hotel guests, shall be presumed to be for transient or hotel purposes). 5.2.5 The Association may establish such reasonable rules and regulations governing the occupancy of the Lots and the implementation of procedures for the leasing of the Lots, consistent with this Section 5 and applicable law, including, but not limited to, (a) a requirement for a form addendum to be attached to each lease to assure that the rights and authority of the Association and the Owners and occupants are recognized, and (b) a requirement for the screening of lessees through a reputable, professional screening organization, provided, that such screening shall not violate federal, state, or local discrimination laws. Any violation of the Declaration or any rules and regulations by any person occupying or visiting a Lot (whether or not pursuant to a lease) shall be deemed to be a violation by the Owner of that Lot. Any resulting fines or other penalties imposed by the Association shall be imposed upon that Owner and shall 2022-12161 10/27/2022 03:13:35 PM be that Owner's personal responsibility to the Association, shall be assessed against that Owner's Lot, and shall be a lien in favor of the Association and against that Lot. 5.2.6 Notwithstanding anything to the contrary in this Section 5, the leasing of a Lot by the Association, and the leasing of a Lot owned by the holder of a first mortgage against that Lot following a foreclosure of its mortgage against that Lot or the granting of a deed to the Lot in lieu of foreclosure, shall not be subject to the provisions of this Section 5 (except for Section 5.2.4). Notwithstanding the foregoing, the Association, and such holder of a first mortgage shall not be subject to the time period restriction set forth in Section 5.2.4(d). 5.3 Rental of Lot for Non -Residential Purposes. A person or entity owning a Lot is not permitted to rent all or a portion of such Lot for non-residential purposes. 2022-12161 10/27/2022 03:13:35 PM Exhibit B Sixth Amendment to Declaration of Covenants, Conditions and Restrictions Eastwood Commons Residents Association, Inc. 2022-12161 10/27/2022 03:13:35 PM SIXTH AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS EASTWOOD COMMONS RESIDENTS ASSOCIATION, INC. THIS SIXTH AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS ("Sixth Amendment") is effective as of the 301h day of September, 2022 by the Eastwood Commons Residents Association, Inc. (the "Association"). WITNESSETH THAT: WHEREAS, the Association is subject to that certain Declaration of Covenants, Conditions, and Restrictions dated September 11, 1973 and recorded on September 12, 1973 in the Tompkins County Clerk's Office in Liber 19 of Miscellaneous Records at page 198 (the "Original Declaration"), as amended by instrument dated August 29, 1974 and recorded on August 29, 1974 in said Clerk's Office in Liber 20 of Miscellaneous Records at page 143 (the "First Amendment"), instrument dated January 22, 1979 and recorded on April 11, 1979 in said Clerk's Office in Liber 23 of Miscellaneous Records at page 957 (the "Second Amendment"), instrument effective as of January 1, 1995 and recorded on December 1, 1994 in said Clerk's Office in Liber 50 of Miscellaneous Records at page 93 (the "Third Amendment"), instrument effective as of January 1, 1996 and recorded on December 21, 1995 in said Clerk's Office in Liber 54 of Miscellaneous Records at page 160 (the "Fourth Amendment"), and instrument effective as of June 8, 2018 and recorded on July 13, 2018 in said Clerk's Office as Instrument No. 2018-07723 (the "Fifth Amendment" and, together with the foregoing, the "Declaration"), encumbering certain property therein described (the "Properties"). WHEREAS, the Association and its Members, being the owners in fee simple of the Properties, desire to amend the Declaration. NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS that the Declaration is hereby amended as follows: l . Recitals; Definitions. The foregoing Recitals are accurate, represent the intent of the parties and are incorporated herein by reference. Capitalized terms used and not defined in this Sixth Amendment shall have the respective meanings given them in the Declaration. 2. Prior Amendments. Recitations as to public recording information set out in the First Amendment, Second Amendment, Third Amendment, Fourth Amendment, and Fifth Amendment are amended and restated in their entirety by the foregoing Recitals. Amendments. a. Article II, Section 5 of the Declaration shall be amended and restated in its entirety as follows. 2022-12161 10/27/2022 03:13:35 PM Section 5. Rental of Lots. 5.1 Amendment and Restatement of Fifth Amendment,. A person or entity owning a Lot is permitted to rent such Lot to tenants, subject to the provisions of this Section 5. No person or entity owning more than one Lot may rent out more than one Lot at a time. This provision shall not apply to Lots acquired prior to January 1, 1996. 5.2 Generally. The Properties are intended and designed to be an owner -occupied single family residential development. It is deemed to be in the long term best interests of the Association and the Members that the Properties remains owner -occupied. Consistent with that objective, each Lot must, subject to this Section 5, be owned exclusively for owner -occupancy, and not for investment or other purposes. Except as authorized by this Section 5, each Lot shall, at all times, be occupied by at least one Owner of the Lot or be vacant. If a Lot is owned by an entity other than a natural person (such as a corporation, partnership, limited liability company, or trust), the Lot is considered owner -occupied if the person occupying that Lot is a director, officer, partner, or the holder of an equivalent position, of that Owner, or is a trustee, a grantor, or a beneficiary of a trust in the case of a trust owning that Lot. The following provisions shall apply to the occupancy and leasing of the Lots: 5.2.1 Definitions. Each Owner of a Lot as of the date of recording of this Sixth Amendment is referred to hereinafter as an "Exempt Owner." The terms "lease," "leasing," and "leased" (or other variations of the term "lease"), as used in this Declaration, are given their ordinary meaning and are deemed to also mean "rent," "renting," and "rented" (or other variations of the term "rent"). 5.2.2 Application of this Amendment to the Properties. Each Exempt Owner, and the Lot owned by the Exempt Owner (the "Exempt Lot"), shall be exempt from the leasing and occupancy restrictions set forth in this Section 5 (except for Section 5.1.3) as to the Exempt Lot until the date that each Exempt Owner of the Exempt Lot is no longer an Owner of the Exempt Lot. The Association shall, as soon as practical after the recording of this Sixth Amendment, implement reasonable procedures by which each Owner must notify the Association in writing of the leasing and occupancy status of that Owner's Lot as of the date of recording of this Sixth Amendment and to verify the ownership status of that Lot. 5.2.3 The Association may, but is not obligated to, grant to an Owner an exemption to the leasing and occupancy provisions set forth in this Section 5.2.3 upon written application by the Owner to the Association, under the following circumstances: 5.2.3.1 An Owner who is occupying that Owner's Lot, who will reside at least forty (40) miles from such Lot for employment purposes, and who has a reasonable basis to believe that he or she will reoccupy that Lot within two years following the initial date of the transfer, may allow occupancy of that Lot by a natural person other than the Owner only during the actual time period that the Owner is away from such Lot due to said employment, but only up to a maximum of two years following the initial date of the transfer. The Association may 2022-12161 10/27/2022 03:13:35 PM require that the Owner sign an agreement prior to transfer which describes the conditions for allowing that alternative occupancy arrangement. 5.2.3.2 An Owner who is occupying that Owner's Lot, who has been accepted for an educational program sponsored by a bona fide, accredited educational institution or who has been granted a sabbatical leave for educational purposes, who will reside at least forty (40) miles from such Lot for such educational program or sabbatical leave, and who has a reasonable basis to believe that he or she will reoccupy that Lot within two years following the initial date of departure from such Lot for such purposes, may allow occupancy of that Lot by a natural person other than the Owner only during the actual time period that the Owner is residing away from such Lot due to such educational or sabbatical purposes, but only up to a maximum of two years following the initial date of departure from such Lot for such purposes. The Association may require that the Owner sign an agreement prior to departure which describes the conditions for allowing that alternative occupancy arrangement. 5.2.3.3 An Owner who is occupying that Owner's Lot, who has a family medical emergency or who is the family's sole care giver, who will reside at least forty (40) miles from such Lot in order to take care of a medical or care emergency, and who has a reasonable basis to believe that he or she will reoccupy that Lot within two years following the initial date of departure from such Lot for such medical or care purposes, may allow occupancy of that Lot by a natural person other than the Owner only during the actual time period that the Owner is residing away from such Lot due to such leave, but only up to a maximum of two years following the initial date of the departure from such Lot for such purposes. The Association may require that the Owner sign an agreement prior to departure which describes the conditions for allowing that alternative occupancy arrangement. 5.2.3.4 An Owner who is occupying that Owner's Lot, who is a member of the United States military service who is transferred at least forty (40) miles from such Lot by reason of such service, who will reside at least forty (40) miles from such Lot for such service, and who has a reasonable basis to believe that he or she will reoccupy that Lot within two (2) years following the initial date of the transfer, may allow occupancy of that Lot by a natural person other than the Owner only during the actual time period that the Owner is residing away from such Lot due to such service, but only up to a maximum of two (2) years following the initial date of the transfer. The Association may require that the Owner sign an agreement prior to departure which describes the conditions for allowing that alternative occupancy arrangement. 5.2.3.5 An Owner may lease that Owner's Lot (but only in exchange for monetary consideration paid by the lessee(s)) based upon a financial hardship or extenuating financial circumstances, but only up to a maximum of two years from the initial date of occupancy of the Lot by the lessee(s). The Owner shall submit to the Board of Directors of the Association a written request describing the financial hardship or extenuating financial circumstances, and the length of time (up to said two-year maximum) for which that Owner requests a waiver of the leasing and occupancy restrictions in this Section 5. In order to grant such an exemption to that Owner, the Board of Directors of the Association must find that there were sudden, unforeseen circumstances creating the financial hardship or extenuating financial circumstances. 2022-12161 10/27/2022 03:13:35 PM 5.2.3.6 Upon request by an Owner, the Association may grant additional or extended exemptions to the leasing and occupancy restrictions set forth in this Section 5 based upon criteria for situations comparable to those described in Sections 5.2.3.1 through 5.2.3.5. Those situations include, but are not limited to, those involving an Owner requesting to lease that Owner's Lot to a member of that Owner's family, or those involving an Owner who conveys all or a portion of the title to that Owner's Lot to that Owner's child, but which Owner continues to live in that Lot for a period of time. The Association may require that the Owner sign an agreement prior to departure which describes the conditions for leasing the Owner's Lot or allowing an alternative occupancy arrangement. 5.2.4 In the event that a Lot is allowed to be occupied by a person other than an Owner pursuant to the terms of Section 5.2.3 or by a Lot that is owned by an Exempt Owner pursuant to Section 5.2.3, that occupancy and each Owner of that Lot shall be subject to the following additional conditions: (a) the Lot shall not be subleased, (b) the Lot must be leased in its entirety (not by room), except where an Owner of the Lot is simultaneously occupying such Lot along with a tenant, (c) each lease shall be in writing, (d) unless otherwise required in connection with the financing, guarantee, or insuring of a Lot mortgage, and except for the leasing of a Lot by the Association, and except where an Owner of the Lot is simultaneously occupying that Lot along with a tenant, no lease shall be for a period less than six (6) months, except (i) for extenuating situations approved by the Board of Directors of the Association or (ii) in connection with a Lot owned by an Exempt Owner, in which case no lease shall be for a period less than two (2) months, (e) each lease shall provide that it is subject to the Declaration and any rules and regulations promulgated by the Association, and that any failure of the lessee to comply with the terms of the same shall be a default under the lease, (f) the occupancy of the Lot, and each occupant of the Lot, shall be subject to Declaration and any rules and regulations promulgated by the Association, (g) if the Lot is to be leased, the Association shall, prior to occupancy of the Lot by a lessee, receive from the Owner of the Lot a copy of the fully -signed lease and a copy of any license, permit, or similar document issued by the applicable municipality to the Owner of the Lot and such municipality requires such Owner to have as a condition of the leasing, if any, (h) prior to occupancy of a Lot by the non-Owner(s), the Association shall receive a written list of the name and telephone number of each person who will occupy the Lot, and the absentee address and telephone number of the absentee Owner, and (i) the Lot shall not be leased for transient or hotel purposes (any occupancy which includes services customarily furnished to hotel guests, shall be presumed to be for transient or hotel purposes). 5.2.5 The Association may establish such reasonable rules and regulations governing the occupancy of the Lots and the implementation of procedures for the leasing of the Lots, consistent with this Section 5 and applicable law, including, but not limited to, (a) a requirement for a form addendum to be attached to each lease to assure that the rights and authority of the Association and the Owners and occupants are recognized, and (b) a requirement for the screening of lessees through a reputable, professional screening organization; provided, that such 4 2022-12161 10/27/2022 03:13:35 PM screening shall not violate federal, state, or local discrimination laws. Any violation of the Declaration or any rules and regulations by any person occupying or visiting a Lot (whether or not pursuant to a lease) shall be deemed to be a violation by the Owner of that Lot. Any resulting fines or other penalties imposed by the Association shall be imposed upon that Owner and shall be that Owner's personal responsibility to the Association, shall be assessed against that Owner's Lot, and shall be a lien in favor of the Association and against that Lot. 5.2.6 Notwithstanding anything to the contrary in this Section 5, the leasing of a Lot by the Association, and the leasing of a Lot owned by the holder of a first mortgage against that Lot following a foreclosure of its mortgage against that Lot or the granting of a deed to the Lot in lieu of foreclosure, shall not be subject to the provisions of this Section 5 (except for Section 5.2.4). Notwithstanding the foregoing, the Association, and such holder of a first mortgage shall not be subject to the time period restriction set forth in Section 5.2.4(d). 5.3 Rental of Lot for Non -Residential Purposes. A person or entity owning a Lot is not permitted to rent all or a portion of such Lot for non-residential purposes. 4. Except specifically as amended in this Amendment, the Declaration shall remain in full force and effect in accordance with its terms. In the event of any conflict between the terms of this Amendment and the Declaration, the terms of this Amendment shall govern. [SIGNATURE PAGE FOLLOWS] 2022-12161 10/27/2022 03:13:35 PM IN WITNESS WHEREOF, the foregoing instrument has been executed under seal, by the aforementioned parties on this 2*I`+"dday of October, 2022. EASTWO D COMMONS RESIDENTS ASSOCIATION, INC. By: N Z� Carl Norton, President STATE OF NEW YORK ) COUNTY OF TOMPKINS ) ss: On the2lay ofLDdviei in the year 2022 before me, the undersigned, a Notary Public in and for said State, personally appeared Carl Norton, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. bill -, Notary Public Reka A. Wells Notary Public, State of New York No. 01 WI-6163485 Certified in Tompkins County Term Expires March 26, 20 .g 0 Gr _)_OO1 uumuuumiimimmiimimuuiiu -:� Tompkins County Clerk Recording Page Return To Maureen Reynolds, County Clerk GELDENHUYS MARIETTE Tompkins County Clerk 320 North Tioga Street Ithaca, NY 14850 (607) 274-5431 Document Type: MISC Receipt Number: 18-202536 Party 1 EASTWOOD COMMONS DEVELOPMENT Fees Recording Fee Pages Fee Notation Fee State Surcharge Total Fees Paid: Refers To BF148560-001 $20.00 $215.00 $0.50 $20.00 $255.50 State of New York County of Tompkins Party 2 Instrument #: 2018-07723 Filed on July 13th, 2018 at 2:09:16 PM with a total page count of 43. Tompkins County Clerk This sheet constitutes the Clerk's endorsement required by section 319 of the Real Property Law of the State of New York Do Not Detach 2018-07723 07/13/2018 02:09:16 PM AMENDMENT OF DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS RELATING TO EA.STWOOD COMMONS DEVELOPMENT, TOWN OF ITHACA,, TOMPKINS COUNTY, NEW YORK The undersigned hereby certify that they are, collectively, the owners of not less than seventy-five )ercent (75%) of the lots contained in the Eastwood Commons Development (hereinafter referred to as "the )evelopment" ) described in a Declaration of Covenants, Conditions and Restrictions dated September 11, 1993 and recorded September 12, 1973 mi the Tompkins County Clerk's Office mi Liber 19 of Miscellaneous Records Lt page 143 (hereinafter referred to as "the Declaration"); as amended by an amendment dated January 22, 1979 and recorded in said Clerk's Office in Liber 20 of Miscellaneous Records at page 143; as further amended by an unendment dated January 22,1979 and recorded in said Clerk's Office in Liber 23 of Miscellaneous Records at 'age 957; as further amended by an amendment dated November 1, 1994 and recorded in said Clerk's Office in .fiber 50 of Miscellaneous Records at page 97; and as further amended by an amendment effective January 1, [996 and recorded in the said Clerk's Office on December 21, 1995 in Liber 54 of Miscellaneous Records at )age 160. Therefore, in accordance with Arficle K, Section 3 of the Declaration, the undersigned hereby amend the 3eclaration as follows: Article II (PROPERTY RIGHTS), Section 2 (Delegation of Use") is amended to read as follows: Section 2. Delegation of Use. Any owner may delegate, in accordance with the By -Laws, his right of -njoyrnent to the Common Area and facilities to the members of his family, his tenants, or contract purchasers xho reside on the property, subject to the restrictions set forth in Section 5 below_ Article II (PROPERTY RIGHTS), Section 5 (Rental of Units) is arnended to read as follows: _ Section 5. Rental of Units. A person or entity owning a unit is permitted to rent a unit to tenants subject to the provisions of this section. No person or entity owning more than one unit may rent out more than one unit at a tilue. This provision shall not apply to multiple units acquired by owners prior to January 1, 1996. No.person or entity owning a unit may rent out a unit or a portion thereof for a period of less than two consecutive months. Tenants of a unit may not sublet all or part of a unit for any period of time. These amendments sbaU be effective on the 9 day of 20 i q . Unit Name of Owner Sienature Date Witness sienatu>; 3 Moscoma ZaaLAWMI 1EW*tMooacommon4*1lRyia sn,oa )r30/19 I 2018-07723 07/13/2018 02:09:16 PM AMENDMENT OF DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS RELATING TO EASTWOOD COMMONS DEVELOPMENT, TOWN OF ITHACA, TOMPKINS COUNTY, NEW YORK Jrutt Name of Owner Signature hate Witness signature ACKNOWLEGDEMENT STATE/COMMONWEALTH OF N r ;AUNTY OF . Gl"e s ic-Av.) Ae— ' )ss.: On the day of �e , 20 l , before me, the undersigned, a Notary Public in and for ;aid State or Commou maltb, personally appeared /`1 a S 0"A Zq: d : , personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument, and acknowledged to me that he or she executed the same in his or her capacity, and that by his or her signature on the instrument, the individual, or the person upon behalf of whom the individual acted, executed th., instrument. N KRIS �''•,, / � � • �g510ry ' . Cc �heste, C A '0) Notary rblye--" NOTARY N':�`o PUBLIC o �, ���R63516 O � F NEN O RET-astCvm* es1U11Wy1zwzAmd 1/3W18 2018-07723 07/13/2018 02:09:16 PM AMENDMENT OF DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS RELATING TO EASTWOOD COMMONS DEVELOPMENT, TOWN OF ITHACA, TOMPKINS COUNTY, NEW YORK The undersigned hereby certify that they are, collectively, the owners of not less than seventy-five :rcent (75%) of the lots contained in the Eastwood Commons Development (hereinafter referred to as "the �tvelopment") described in a Declaration of Covenants, Conditions and Restrictions dated September 11, 1993 ,d recorded September 12, 1973 in the Tompkins County Clerk's Office in Liber 19 of Miscellaneous Records page 143 (hereinafter referred to as "the Declaration"); as amended by an amendment dated January 22, 1979 A recorded in said Clerk's Office in Liber 20 of Miscellaneous Records at page 143; as further amended by an aendment dated January 22, 1979 and recorded in said Clerk's Office in Liber 23 of Miscellaneous Records at ige 957; as further amended by an amendment dated November 1, 1994 and recorded in said Clerk's Office in ber 50 of Miscellaneous Records at page 97; and as further amended by an amendment effective January 1, )96 and recorded in the said Clerk's Office on December 21, 1995 in Liber 54 of Miscellaneous Records at Lge 160. Therefore, in accordance with Article X, Section 3 of the Declaration, the undersigned hereby amend the eclaration as follows: Article II (PROPERTY RIGHTS), Section 2 (Delegation of Use") is amended to read as follows: Section 2. Delegation of Use. Any owner may delegate, in accordance with the By -Laws, his right of goyment to the Common Area and facilities to the members of his family, bis tenants, or contract purchasers ho reside on the property, subject to the restrictions set forth in Section 5 below. Article II (PROPERTY RIGHTS), Section 5 (Rental of Units) is amended to read as follows: Section 5. Rental of Units. A person or entity owning a unit is permitted to rent a unit to tenants subject to the provisions of this :ction. No person or entity owning more than one unit may rent out more than one unit at a time. This •ovision shall not apply to multiple units acquired by owners prior to January 1, 1996. No person or entity owning a unit may rent out a unit or a portion thereof for a period of less than two lnsecutive months. Tenants of a unit may not sublet all or part of a unit for any period of time. These amendments shall be effective on the day of 120 nit Name of Owner Sip -nature N I R041 7V 4kV#1,*A 401 U;astN%uWCommons201MylawsAmd 1130/19 Date Witness sip -nature i 2018-07723 07/13/2018 02:09:16 PM AMENDMENT OF DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS RELATING TO EASTWOOD COMMONS DEVELOPMENT, TOWN OF ITHACA, TOMPKINS COUNTY, NEW YORK nit Name of Owner Signature Date Witness signature ACKNOWLEGDEMENT TATE/COMMONWEALTH OF /VAe w ✓ k OUNTY OF W on ro-c )ss.: On the day of i n-t. , 20 (� , before me, the undersigned, a Notary Public in and for ud State or Commonwealth, personally appeared �1,�n. 4 ka,4E-tr c— 'zacLr—L. personally known me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the ,ithin instrument, and acknowledged to me that he or she executed the same in his or her capacity, and that by is or her signature on the instrument, the individual, or the person upon behalf of whom the individual acted, Kecuted the instrument. 1'9 11.1v Public MICHAEL BOVAY NOTARY PUBLIC STATE OF NEW YORK MONROE LIC. #01 B06343695 COMM. EXP. 06/13/2020 N--as1wiadCommons20JMylawsAmd 1/ 0/18 2018-07723 07/13/2018 02:09:16 PM AMENDMENT OF DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS RELATING TO EASTWOOD COMMONS DEVELOPMENT, TOWN OF ITHACA, TOMPKINS COUNTY, NEW YORK The undersigned hereby certify that they are, collectively, the owners of not less than seventy-five :rcent (75%) of the lots contained in the Eastwood Commons Development (hereinafter referred to as "the �velopment") described in a Declaration of Covenants, Conditions and Restrictions dated September 11, 1993 ,d recorded September 12, 1973 in the Tompkins County Clerk's Office in Liber 19 of Miscellaneous Records page 143 (hereinafter referred to as "the Declaration"); as amended by an amendment dated January 22, 1979 td recorded in said Clerk's Office in Liber 20 of Miscellaneous Records at page 143; as further amended by an aendment dated January 22, 1979 and recorded in said Clerk's Office in Liber 23 of Miscellaneous Records at tge 957; as further amended by an amendment dated November 1, 1994 and recorded in said Clerk's Office in ber 50 of Miscellaneous Records at page 97; and as further amended by an amendment effective January 1, >96 and recorded in the said Clerk's Office on December 21, 1995 in Liber 54 of Miscellaneous Records at tge 160. Therefore, in accordance with Article X, Section 3 of the Declaration, the undersigned hereby amend the eclaration as follows: Article II (PROPERTY RIGHTS), Section 2 (Delegation of Use") is amended to read as follows: Section 2. Delegation of Use. Any owner may delegate, in accordance with the By -Laws, his right of tjoyment to the Common Area and facilities to the members of his family, his tenants, or contract purchasers ho reside on the property, subject to the restrictions set forth in Section 5 below. Article II (PROPERTY RIGHTS), Section 5 (Rental of Units) is amended to read as follows: Section 5. Rental of Units. A person or entity owning a unit is permitted to rent a unit to tenants subject to the provisions of this action. No person or entity owning more than one unit may rent out more than one unit at a time. This •ovision shall not apply to multiple units acquired by owners prior to January 1, 1996. No person or entity owning a unit may rent out a unit or a portion thereof for a period of less than two )nsecutive months. Tenants of a unit may not sublet all or part of a unit for any period of time. These amendments shall be effective on the f day of dtA it �e_ , 201. nit Name of Owner Signature Date Witness signature IDIPAIK -r PAREKH UastwoodCommons2018D}dawsAmd 1130118 2� e C,A ��L 6- 1 2 ( &- 2018-07723 07/13/2018 02:09:16 PM All-purpose Acknowledgment California only A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of D ra r`g-e- On 6/12/7-ole before me, Vle-/ill '__\C a 1j �ay�Si personally appeared '(to a 11<-, C`c who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/ her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature I- — �--�t �v 4 / ' For Bank Purposes Only Description of Attached Document II Type or Title of Document A � - r,� o'� De-G I A✓- ; V n (here insert name and title of the officer), KEVIN RICHARD H,AYES _' ) ?� Coioi. # 2072683 :NARY PUBLIC-CALIFORNIA -f�� ORANGE COUNTY t' h1Y Cewa Esc. DUNE 26, 2018 F Document Date / 2 / Z° I Number of Pages 3 Notary Seal 2018-07723 07/13/2018 02:09:16 PM AMENDMENT OF DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS RELATING TO EASTWOOD COMMONS DEVELOPMENT, TOWN OF ITHACA, TOMPKINS COUNTY, NEW YORK The undersigned hereby certify that they are, collectively, the owners of not less than seventy-five percent (75%) of the lots contained in the Eastwood Commons Development (hereinafter referred to as "the Development") described in a Declaration of Covenants, Conditions and Restrictions dated September 11, 1993 and recorded September 12, 1973 in the Tompkins County Clerk's Office in Liber 19 of Miscellaneous Records at page 143 (hereinafter referred to as "the Declaration"); as amended by an amendment dated January 22, 1979 and recorded in said Clerk's Office in Liber 20 of Miscellaneous Records at page 143; as further amended by an amendment dated January 22, 1979 and recorded in said Clerk's Office in Liber 23 of Miscellaneous Records at Page 957; as further amended by an amendment dated November 1, 1994 and recorded in said Clerk's Office in Liber 50 of Miscellaneous Records at page 97; and as further amended by an amendment effective January 1, 1996 and recorded in the said Clerk's Office on December 21, 1995 in Liber 54 of Miscellaneous Records at page 160. Therefore, in accordance with Article X, Section 3 of the Declaration, the undersigned hereby amend the Declaration as follows: Article II (PROPERTY RIGHTS), Section 2 (Delegation of Use") is amended to read as follows: Section 2. Delegation of Use. Any owner may delegate, in accordance with the By -Laws, his right of enjoyment to the Common Area and facilities to the members of his family, his tenants, or contract purchasers who reside on the property, subject to the restrictions set forth in Section 5 below. Article II (PROPERTY RIGHTS), Section 5 (Rental of Units) is amended to read as follows: Section 5. Rental of Units. A person or entity owning a unit is permitted to rent a unit to tenants subject to the provisions of this section. No person or entity owning more than one unit may rent out more than one unit at a time. This provision shall not apply to multiple units acquired by owners prior to January 1, 1996. No person or entity owning a unit may rent out a unit or a portion thereof for a period of less than two consecutive months. Tenants of a unit may not sublet all or part of a unit for any period of time. These amendments shall be effective on the l5 day of�J4//e , 20 I r . Unit Name of Owner Sig ture Date Witness signature RE\EastvmWCommons20186y1awsAmd 1/30/18 2018-07723 07/13/2018 02:09:16 PM AMENDMENT OF DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS RELATING TO EASTWOOD COMMONS DEVELOPMENT, TOWN OF ITHACA, TOMPKINS COUNTY, NEW YORK Unit Name of Owner Signature Date Witness signature ACKNOWLEGDEMENT STATE/COMMONWEALTH OF v�,f, y O?K _ COUNTY OF 7 t ►A 9 K ;,15 )ss.: On the t S'4 day of ALM , 20 1Z , before me, the undersigned, a Notary Public in and for said State or Commonwealth, personally appeared A& o iAW S I� ,C l2 , personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument, and acknowledged to me that he or she executed the same in his or her capacity, and that by his or her signature on the instrument, the individual, or the person upon behalf of whom the individual acted, executed the instrument. K,EVIN J MCGINN PUBLIC -STATE OF NEW YORK N® 01 MC6367120 C: u,,hfi@d in Tompkins County C0r,,r,l§l ion Expires 11-13-202-1 RE\EastwoodCommons201813y1awsAmd 1/30/18 Notary Public 2018-07723 07/13/2018 02:09:16 PM AMENDMENT OF DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS RELATING TO EASTWOOD COMMONS DEVELOPMENT, TOWN OF ITHACA, TOMPKINS COUNTY, NEW YORK The undersigned hereby certify that they are, collectively, the owners of not less than seventy-five percent (75%) of the lots contained in the Eastwood Commons Development (hereinafter referred to as "the Development") described in a Declaration of Covenants, Conditions and Restrictions dated September 11, 1993 and recorded September 12, 1973 in the Tompkins County Clerk's Office in Liber 19 of Miscellaneous Records at page 143 (hereinafter referred to as "the Declaration"); as amended by an amendment dated January 22, 1979 and recorded in said Clerk's Office in Liber 20 of Miscellaneous Records at page 143; as further amended by an amendment dated January 22, 1979 and recorded in said Clerk's Office in Liber 23 of Miscellaneous Records at Page 957; as further amended by an amendment dated November 1, 1994 and recorded in said Clerk's Office in Liber 50 of Miscellaneous Records at page 97; and as further amended by an amendment effective January 1, 1996 and recorded in the said Clerk's Office on December 21, 1995 in Liber 54 of Miscellaneous Records at page 160. Therefore, in accordance with Article X, Section 3 of the Declaration, the undersigned hereby amend the Declaration as follows: Article II (PROPERTY RIGHTS), Section 2 (Delegation of Use") is amended to read as follows: Section 2. Delegation of Use. Any owner may delegate, in accordance with the By -Laws, his right of enjoyment to the Common Area and facilities to the members of his family, his tenants, or contract purchasers who reside on the property, subject to the restrictions set forth in Section 5 below. Article II (PROPERTY RIGHTS), Section 5 (Rental of Units) is amended to read as follows: Section 5. Rental of Units. A person or entity owning a unit is permitted to rent a unit to tenants subject to the provisions of this section. No person or entity owning more than one unit may rent out more than one unit at a time. This provision shall not apply to multiple units acquired by owners prior to January 1, 1996. No person or entity o:vning a unit may rent out a 1—mit or a portion thereof for a period of less than two consecutive months. Tenants of a unit may not sublet all or part of a unit for any period of time. These amendments shall be effective on the / 6 day of Junes , 20 It . Unit Name of Owner Signature Date Witness signature RE\EastwoodCommons2018By1awsAmd 1/30/18 2018-07723 07/13/2018 02:09:16 PM AMENDMENT OF DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS RELATING TO EASTWOOD COMMONS DEVELOPMENT, TOWN OF ITHACA, TOMPKINS COUNTY, NEW YORK Unit Name of Owner Signature Date Witness signature ACKNOWLEGDEMENT STATE/COMMONWEALTH OF *tA(tX k COUNTY OF (-)YNC 1 Ot3C )ss.: On the a S day of 0`,r-4\, , 20 N , before me, the undersigned, a Notary Public in and for said State or Commonwealth, personally appeared N, Ch 1T ro ko, personally known to me or proved to me on the basis of satisfactory evidence to be the fidividual whose name is subscribed to the within instrument, and acknowledged to me that he or she executed the same in his or her capacity, and that by his or her signature on the instrument, the individual, or the person upon behalf of whom the individual acted, executed the instrument. tary Public RETastwoodCommons2018BylawsAmd I/30/18 LEA V HOUSE Notary Public, State of New York No. 01 H06311428 Qualified in Oswego County Commission Expires Sept. 15, 20 2018-07723 07/13/2018 02:09:16 PM AMENDMENT OF DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS RELATING TO EASTWOOD COMMONS DEVELOPMENT, TOWN OF ITHACA, TOMPKINS COUNTY, NEW YORK The undersigned hereby certify that they are, collectively, the owners of not less than seventy-five percent (75%) of the lots contained in the Eastwood Commons Development (hereinafter referred to as "the Development") described in a Declaration of Covenants, Conditions and Restrictions dated September 11, 1993 and recorded September 12, 1973 in the Tompkins County Clerk's Office in Liber 19 of Miscellaneous Records at page 143 (hereinafter referred to as "the Declaration"); as amended by an amendment dated January 22, 1979 and recorded in said Clerk's Office in Liber 20 of Miscellaneous Records at page 143; as further amended by an amendment dated January 22, 1979 and recorded in said Clerk's Office in Liber 23 of Miscellaneous Records at Page 957; as further amended by an amendment dated November 1, 1994 and recorded in said Clerk's Office in Liber 50 of Miscellaneous Records at page 97; and as further amended by an amendment effective January 1, 1996 and recorded in the said Clerk's Office on December 21, 1995 in Liber 54 of Miscellaneous Records at page 160. Therefore, in accordance with Article X, Section 3 of the Declaration, the undersigned hereby amend the Declaration as follows: Article II (PROPERTY RIGHTS), Section 2 (Delegation of Use") is amended to read as follows: Section 2. Delegation of Use. Any owner may delegate, in accordance with the By -Laws, his right of enjoyment to the Common Area and facilities to the members of his family, his tenants, or contract purchasers who reside on the property, subject to the restrictions set forth in Section 5 below. Article II (PROPERTY RIGHTS), Section 5 (Rental of Units) is amended to read as follows: Section 5. Rental of Units. A person or entity owning a unit is permitted to rent a unit to tenants subject to the provisions of this section. No person or entity owning more than one unit may rent out more than one unit at a time. This provision shall not apply to multiple units acquired by owners prior to January 1, 1996. No feison or entity oviiiing a. unit may rent out a unit or a portion thereof f6r a period of less than t`vo consecutive months. Tenants of a unit may not sublet all or part of a unit for any period of time. These endmen shall be effective on the /S day oY✓�rrl , 20 /�. / � � L Unit Name of Owner Sip -nature Date Witness -,signature 1 �v RE\EastwoWCommons2018Dy1awsAmd 1130118 2018-07723 07/13/2018 02:09:16 PM AMENDMENT OF DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS RELATING TO EASTWOOD COMMONS DEVELOPMENT, TOWN OF ITHACA, TOMPKINS COUNTY, NEW YORK Unit Name of Owner Signature Date Witness signature ACKNOWLEGDEMENT STATE/COMMONWEALTH OF ��cSur -G2 COUNTY OF )ss.: On the 30 day of Aa4-i , 20 18r, before me, the undersigned, a Notary Public in and for said State or Commonwealth, personally appeared R� v n n i e F.K2&4 c, , personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument, and acknowledged to me that he or she executed the same in his or her capacity, and that by his or her signature on the instrument, the individual, or the person upon behalf of whom the individual acted, executed the instrument. Notar ublic DARREL! C P. DORE Notary Puo c - S'3,e of New York No 0' D06'263466 Qualified n Scnuyler County My Com-iss;or' Exo:-es June 11, 202.0 RET-astwoodCommons2018BylawsAmd 1/30/18 2018-07723 07/13/2018 02:09:16 PM AMENDMENT OF DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS RELATING TO EASTWOOD COMMONS DEVELOPMENT, TOWN OF ITHACA, TOMPKINS COUNTY, NEW YORK The undersigned hereby certify that they are, collectively, the owners of not less than seventy-five )ercent (75%) of the lots contained in the Eastwood Commons Development (hereinafter referred to as "the )evelopment") described in a Declaration of Covenants, Conditions and Restrictions dated September 11, 1993 and recorded September 12, 1973 in the Tompkins County Clerk's Office in Liber 19 of Miscellaneous Records it page 143 (hereinafter referred to as "the Declaration"); as amended by an amendment dated January 22, 1979 and recorded in said Clerk's Office in Liber 20 of Miscellaneous Records at page 143; as further amended by an amendment dated January 22, 1979 and recorded in said Clerk's Office in Liber 23 of Miscellaneous Records at "age 957; as further amended by an amendment dated November 1, 1994 end recorded in said Clerk's Office in .iber 50 of Miscellaneous Records at page 97; and as further amended by an amendment effective January 1, [996 and recorded in the said Clerk's Office on December 21, 1995 in Liber 54 of Miscellaneous Records at )age 160. Therefore, in accordance with Article X, Section 3 of the Declaration, the undersigned hereby amend the -)eclarafion as follows: Article II (PROPERTY RIGHTS), Section 2 (Delegation of Use") is amended to read as follows: Section 2. Delegation of Use. Any owner may delegate, in accordance with the By -Laws, his right of :njoyment to the Common Area and facilities to the members of his family, his tenants, or contract purchasers ,vho reside on the property, subject to the restrictions set forth in Section 5 below. Article II (PROPERTY RIGHTS), Section 5 (Rental of Units) is amended to read as follows: Section 5. Rental of Units. A person or entity owning a unit is permitted to rent a unit to tenants subject to the provisions of this Section. No person or entity owning more than one unit may rent out more than one unit at a time. This provision shall not apply to multiple units acquired by owners prior to January 1, 1996. No person or entity owning a unit may rent out a unit or a portion thereof for a period of less than two 3onsecutive months. Tenants of a unit may not sublet all or part of a unit for any period of time. These amendments shall be effective on the S day of , 20� a 41 w14h0kJ6L94_ Unit Name of Owner 4 AE66A qousui RDEastwoodCommons201813ylawsAmd 1/30/18 Signature Date Witness signature �4�,hft��11 2018-07723 07/13/2018 02:09:16 PM AMENDMENT OF DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS RELATING TO EASTWOOD COMMONS DEVELOPMENT, TOWN OF ITHACA, TOMPKINS COUNTY, NEW YORK a4i (APF'Wo &- J)4- Unit Name of Owner Signature Date Witness signature ACKNOWLEGDEMENT STATE/COMM NWEALTH OF N COUNTY OF ��(�1(lS )ss.: On the Ao\ day of , A , 20 \b, before me, he undersigned, a Notary Public in and for said State or Commonwealth, personally appeared A � fspr-) , personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument, and acknowledged to me that he or she executed the same in his or her capacity, and that by his or her signature on the instrument, the individual, or the person upon behalf of whom the individual acted, executed the instrument. o 0, REU,astwoodCommons2018BylawsAmd 1/30/18 2018-07723 07/13/2018 02:09:16 PM AMENDMENT OF DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS RELATING TO EASTWOOD COMMONS DEVELOPMENT, TOWN OF ITHACA, TOMPKINS COUNTY, NEW YORK The undersigned hereby certify that they are, collectively, the owners of not less than seventy-five )ercent (75%) of the lots contained in the Eastwood Commons Development (hereinafter referred to as "the )evelopment") described in a Declaration of Covenants, Conditions and Restrictions dated September 11, 1993 ind recorded September 12, 1973 in the Tompkins County Clerk's Office in Liber 19 of Miscellaneous Records it page 143 (hereinafter referred to as "the Declaration"); as amended by an amendment dated January 22, 1979 end recorded in said Clerk's Office in Liber 20 of Miscellaneous Records at page 143; as further amended by an unendment dated January 22, 1979 and recorded in said Clerk's Office in Liber 23 of Miscellaneous Records at Sage 957; as further amended by an amendment dated November 1, 1994 qnd recorded in said Clerk's Office in .iber 50 of Miscellaneous Records at page 97; and as further amended by an amendment effective January 1, [996 and recorded in the said Clerk's Office on December 21, 1995 in Liber 54 of Miscellaneous Records at )age 160. Therefore, in accordance with. Article X, Section 3 of the Declaration, the undersigned hereby amend the 3eclaration as follows: Article II (PROPERTY RIGHTS), Section 2 (Delegation of Use") is amended to read as follows: Section 2. Delegation of Use. Any owner may delegate, in accordance with the By -Laws, his right of :njoyment to the Common Area and facilities to the members of his family, his tenants, or contract purchasers xho reside on the property, subject to the restrictions set forth in Section 5 below. Article II (PROPERTY RIGHTS), Section 5 (Rental of Units) is amended to read as follows: Section 5. Rental of Units. A person or entity owning a unit is permitted to rent a unit to tenants subject to the provisions of this Section. No person or entity owning more than one unit may rent out more than one unit at a time. This provision shall not apply to multiple units acquired by owners prior to January 1, 1996. i3v person or entity o Wring a unit may rent out a unit or a portion. thereof for a perlt,d of less tban two consecutive months. Tenants of a unit may not sublet all or part of a unit for any period of time. These amendments shall be effective on the day of ` 0 , 20 1t Unit Name of Owner Signature Date Witness signature RE\EastwoWCommons201813y1awsAmd 1/30/18 2018-07723 07/13/2018 02:09:16 PM AMENDMENT OF DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS RELATING TO EASTWOOD COMMONS DEVELOPMENT, TOWN OF ITHACA, TOMPKINS COUNTY, NEW YORK Unit Name of Owner Sisnature Date Witness signature C;I0=C4i;C1I`.Y1�11179UTTrX" STATE/COMMONWEALTH OF IVY ' O(k_. COUNTY OF ), ss.: On the -,2q day of , 20 � & , before me, the undersigned, a Notary Public in and for said State or Commonwealth, personal appearedcv 4,0j personally known i� y to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument, and acknowledged to me that he or she executed the same in his or her capacity, and that by his or her signature on the instrument, the individual, or the person upon behalf of whom the individual acted, executed the instrument. Notary Public RT;l "woodCommonQMBylawsAmd 1/30/18 V CTOIM R PARKER Notary P,bNC - Stale of New Yolk N0. Ol P16086410 n V C01G �- 2018-07723 07/13/2018 02:09:16 PM AMENDMENT OF DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS RELATING TO EASTWOOD COMMONS DEVELOPMENT, TOWN OF ITHACA, TOMPKINS COUNTY, NEW YORK The undersigned hereby certify that they are, collectively, the owners of not less than seventy-five percent (75%) of the lots contained in the Eastwood Commons Development (hereinafter referred to as "the Development") described in a Declaration of Covenants, Conditions and Restrictions dated September 11, 1993 and recorded September 12, 1973 in the Tompkins County Clerk's Office in Liber 19 of Miscellaneous Records at page 143 (hereinafter referred to as "the Declaration"); as amended by an amendment dated January 22, 1979 and recorded in said Clerk's Office in Liber 20 of Miscellaneous Records at page 143; as further amended by an amendment dated January 22, 1979 and recorded in said Clerk's Office in Liber 23 of Miscellaneous Records at Page 957; as further amended by an amendment dated November 1, 1994 and recorded in said Clerk's Office in Liber 50 of Miscellaneous Records at page 97; and as further amended by an amendment effective January 1, 1996 and recorded in the said Clerk's Office on December 21, 1995 in Liber 54 of Miscellaneous Records at page 160. Therefore, in accordance with Article X. Section 3 of the Declaration; the undersigned hereby amend the Declaration as follows: Article II (PROPERTY RIGHTS), Section 2 (Delegation of Use") is amended to read as follows: Section 2. Delegation of Use. Any owner may delegate, in accordance with the By -Laws, his right of enjoyment to the Common Area and facilities to the members of his family, his tenants, or contract purchasers who reside on the property, subject to the restrictions set forth in Section 5 below. Article H (PROPERTY RIGHTS), Section 5 (Rental of Units) is amended to read as follows: Section 5. Rental of Units. A person or entity owning a unit is permitted to rent a unit to tenants subject to the provisions of this section. No person or entity owning more than one unit may rent out more than one unit at a time. This provision shall not apply to multiple units acquired by owners prior to January 1, 1996. No person or entity owning a unit may rent out a unit or a portion thereof for a period of less than two consecutive months. Tenants of a unit may not sublet all or part of a unit for any period of time. These amendments shall be effective on the day of ��/ , 20�. Unit Name of Owner 0.51prdv VM43r R, cAakD ` RE\EastwoodCommons2018By1awsAmd 1/30/18 Date Witness signature 2018-07723 07/13/2018 02:09:16 PM AMENDMENT OF DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS RELATING TO EASTWOOD COMMONS DEVELOPMENT, TOWN OF ITHACA, TOMPKINS COUNTY, NEW YORK Unit Name of Owner SiR-nature Date Witness signature ACKNOWLEGDEMENT STATE/CLOT COUNTY OF �' Y � lss.: On the l day of , 20 a re e, a nde ign d, a Notary Public in and for said State or Commonwealth, personally appeared ( �� ` , , personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument, and acknowledged to me that he or she executed the same in his or her capacity, and that by his or her signature on the instrument, the individual, or t e person upon behalf of whom the individual acted, executed the instrument. CAROLYN ROMER C t -gOTARY PUBLIC- STATE OF NEWYORK r No. 01 R06318406 Notary Public Qualified in Putnam County My Commission Exaires January 26, 2019 RE\EastwoodCommons2018By1awsAmd 1/30/18 2018-07723 07/13/2018 02:09:16 PM AMENDMENT OF DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS RELATING TO EASTWOOD COMMONS DEVELOPMENT, TOWN OF ITHACA, TOMPKINS COUNTY, NEW YORK The undersigned hereby certify that they are, collectively, the owners of not less than seventy-five percent (75%) of the lots contained in the Eastwood Commons Development (hereinafter referred to as "the Development") described in a Declaration of Covenants, Conditions and Restrictions dated September 11, 1993 and recorded September 12, 1973 in the Tompkins County Clerk's Office in Liber 19 of Miscellaneous Records at page 143 (hereinafter referred to as "the Declaration"); as amended by an amendment dated January 22, 1979 and recorded in said Clerk's Office in Liber 20 of Miscellaneous Records at page 143; as further amended by an amendment dated January 22, 1979 and recorded in said Clerk's Office in Liber 23 of Miscellaneous Records at Page 957; as further amended by an amendment dated November 1, 1994 and recorded in said Clerk's Office in Liber 50 of Miscellaneous Records at page 97; and as further amended by an amendment effective January 1, 1996 and recorded in the said Clerk's Office on December 21, 1995 in Liber 54 of Miscellaneous Records at page 160. Therefore, in accordance with Article X, Section 3 of the Declaration, the undersigned hereby amend the Declaration as follows: Article II (PROPERTY RIGHTS), Section 2 (Delegation of Use") is amended to read as follows: Section 2. Delegation of Use. Any owner may delegate, in accordance with the By -Laws, his right of enjoyment to the Common Area and facilities to the members of his family, his tenants, or contract purchasers who reside on the property, subject to the restrictions set forth in Section 5 below. Article H (PROPERTY RIGHTS), Section 5 (Rental of Units) is amended to read as follows: Section 5. Rental of Units. A person or entity owning a unit is permitted to rent a unit to tenants subject to the provisions of this section. No person or entity owning more than one unit may rent out more than one unit at a time. This provision shall not apply to multiple units acquired by owners prior to January 1, 1996. No person or entity owning a unit may rent out a unit of a portion thercof for a period of less than two consecutive months. Tenants of a unit may not sublet all or part of a unit for any period of time. These amendments shall be effective on the /5day of G he , 20 j. Unit Name of Owner Signature Date Witness signature #1 0R - SUJAK) LAN llmo L, �f b , `i • t 82� RETastwoodCommons201WylawsAmd 1/30/18 2018-07723 07/13/2018 02:09:16 PM AMENDMENT OF DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS RELATING TO EASTWOOD COMMONS DEVELOPMENT, TOWN OF ITHACA, TOMPKINS COUNTY, NEW YORK Unit Name of Owner Sianature Date Witness signature ACKNOWLEGDEMENT STATE/COMMONWEALTH OF G A COUNTY OF I a n 1) (it, a s )ss.: On the 14 t 101 day of J u n �, , 201 9 , before me, the undersigned, a Notary Public in and for said State or Commonwealth, personally appeared 5 u 5 a to tP_ L C-0 Z , pusaaa4y4ffmwi+- te+xe-er- proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument, and acknowledged to me that he or she executed the same in his or her capacity, and that by his or her signature on the instrument, the individual, or the person upon behalf of whom the individual acted, executed the inswu Went. JUSTIN J. MAN -SOUR ICommission 4# 2122769 4 Notary Public - California v z San Diego County M Comm. Expires Aug 9, 2019 7 I U .`", =y .L. �....w REEastwoodCommons2018BylawsAmd 1130/18 2018-07723 07/13/2018 02:09:16 PM AMENDMENT OF DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS RELATING TO EASTWOOD COMMONS DEVELOPMENT, TOWN OF ITHACA, TOMPKINS COUNTY, NEW YORK The undersigned hereby certify that they are, collectively, the owners of not less than seventy-five percent (75%) of the lots contained in the Eastwood Commons Development (hereinafter referred to as "the Development") described in a Declaration of Covenants, Conditions and Restrictions dated September 11, 1993 and recorded September 12, 1973 in the Tompkins County Clerk's Office in Liber 19 of Miscellaneous Records at page 143 (hereinafter referred to as "the Declaration"); as amended by an amendment dated January 22, 1979 and recorded in said Clerk's Office in Liber 20 of Miscellaneous Records at page 143; as further amended by an amendment dated January 22, 1979 and recorded in said Clerk's Office in Liber 23 of Miscellaneous Records at Page 957; as further amended by an amendment dated November 1, 1994 and recorded in said Clerk's Office in Liber 50 of Miscellaneous Records at page 97; and as further amended by an amendment effective January 1, 1996 and recorded in the said Clerk's Office on December 21, 1995 in Liber 54 of Miscellaneous Records at page 160. Therefore, in accordance with Article X, Section 3 of the Declaration, the undersigned hereby amend the Declaration as follows: Article II (PROPERTY RIGHTS), Section 2 (Delegation of Use") is amended to read as follows: Section 2. Delegation of Use. Any owner may delegate, in accordance with the By -Laws, his right of enjoyment to the Common Area and facilities to the members of his family, his tenants, or contract purchasers who reside on the property, subject to the restrictions set forth in Section 5 below. Article H (PROPERTY RIGHTS), Section 5 (Rental of Units) is amended to read as follows: Section 5. Rental of Units. A person or entity owning a unit is permitted to rent a unit to tenants subject to the provisions of this section. No person or entity owning more than one unit may rent out more than one unit at a time. This provision shall not apply to multiple units acquired by owners prior to January 1, 1996. No person or entity owning a unit may rent out a unit or a portion thereof for a period of less than two consecutive months. Tenants of a unit may not sublet all or part of a unit for any period of time. These amendments shall be effective on the L_� day of �k"_20_L_a_. Unit Name of Owner Signature Date Witness signature ClY My 6 ool r &W), r_v- RE\EatitvwodCommons201sBylawsAmd 1/30/18 2018-07723 07/13/2018 02:09:16 PM AMENDMENT OF DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS RELATING TO EASTWOOD COMMONS DEVELOPMENT, TOWN OF ITHACA, TOMPKINS COUNTY, NEW YORK Unit Name of Owner Signature Date , / Wi ess signature �L�fcg�/ Y�c� - )i�of 03/1 XJk RE1EastwoodCommons201&BylawsAmd 1/30/18 2018-07723 07/13/2018 02:09:16 PM AMENDMENT OF DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS RELATING TO EASTWOOD COMMONS DEVELOPMENT, TOWN OF ITHACA, TOMPKINS COUNTY, NEW YORK Unit Name of Owner Signature Date Witness signature ACKNOWLEGDEMENT STATE/COMMONWEAL OF COUNTY OF1 On the I / 9Iday of , 20 before me, the undersigned, a Notary Public in and for -K-said State or Commonwealth, personally appeared ,personally known to me or proved to me on the basis of satisfactory evidence to te e MlividuWt4hose name is subscribed to the within instrument, and acknowledged to me that he or she executed the same in his or her capacity, and that by his or her signature on the instrument, the individual, or the person upon behalf of whom the individual acted, executed the instrument. �l Notary Publ c 4voTgRYpSAQC ' Qljk/F/FD t /c S ACT o(''(Y Ace C�M1SQ1VG12 9N O� p�K pry - I R'-S 9 Z�11 RE\Ea0ivoodCommons2018By1awsAmd 1/30/18 2018-07723 07/13/2018 02:09:16 PM AMENDMENT OF DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS RELATING TO EASTWOOD COMMONS DEVELOPMENT, TOWN OF ITHACA, TOMPKINS COUNTY, NEW YORK The undersigned hereby certify that they are, collectively, the owners of not less than seventy-five percent (75%) of the lots contained in the Eastwood Commons Development (hereinafter referred to as "the Development") described in a Declaration of Covenants, Conditions and Restrictions dated September 11, 1993 and recorded September 12, 1973 in the Tompkins County Clerk's Office in Liber 19 of Miscellaneous Records at page 143 (hereinafter referred to as "the Declaration"); as amended by an amendment dated January 22, 1979 and recorded in said Clerk's Office in Liber 20 of Miscellaneous Records at page 143; as further amended by an amendment dated January 22, 1979 and recorded in said Clerk's Office in Liber 23 of Miscellaneous Records at Page 957; as further amended by an amendment dated November 1, 1994 and recorded in said Clerk's Office in Liber 50 of Miscellaneous Records at page 97; and as further amended by an amendment effective January 1, 1996 and recorded in the said Clerk's Office on December 21, 1995 in Liber 54 of Miscellaneous Records at page 160. Therefore, in accordance with Article X, Section 3 of the Declaration, the undersigned hereby amend the Declaration as follows: Article II (PROPERTY RIGHTS), Section 2 (Delegation of Use") is amended to read as follows: Section 2. Delegation of Use. Any owner may delegate, in accordance with the By -Laws, his right of enjoyment to the Common Area and facilities to the members of his family, his tenants, or contract purchasers who reside on the property, subject to the restrictions set forth in Section 5 below. Article II (PROPERTY RIGHTS), Section 5 (Rental of Units) is amended to read as follows: Section 5. Rental of Units. A person or entity owning a unit is permitted to rent a unit to tenants subject to the provisions of this section. No person or entity owning more than one unit may rent out more than one unit at a time. This provision shall not apply to multiple units acquired by owners prior to January 1, 1996. No person or entity owning a unit may rent out a unit or a portion thereof for a period of less than two consecutive months. Tenants of a unit may not sublet all or part of a unit for any period of time. These amendments shall be effective on the /S day of , 201 Ir Unit Name of Owner Signature,(� � P RE1Eastwoodcommons201s6ylawsAmd 1/30/18 A4,w: �i'Ww�B Witness signature Lo ;.,(A 2018-07723 07/13/2018 02:09:16 PM AMENDMENT OF DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS RELATING TO EASTWOOD COMMONS DEVELOPMENT, TOWN OF ITHACA, TOMPKINS COUNTY, NEW YORK Unit Name of Owner Sip -nature Date Witness sip -nature .2 3 L vR e p �� ,����� l (ham` �Q . i Lca 6cr" 7/4 k i RE1EaAwwdCommons2018BylawsAmd 1/30/18 2018-07723 07/13/2018 02:09:16 PM AMENDMENT OF DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS RELATING TO EASTWOOD COMMONS DEVELOPMENT, TOWN OF ITHACA, TOMPKINS COUNTY, NEW YORK Unit Name of Owner Signature Date Witness signature ACKNOWLEGDEMENT STATE/COMMONWEALTH OFj 41) 1r COUNTY OF—T-nmpl�c-,` I )ss.: On the ];& 4 day of (,� np , 20 ( before W,Ithe undersigned, a Notary Public in and for said State or Commonwealth, personally appeared Kr C t -f PelytcY1 , personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument, and acknowledged to me that he or she executed the same in his or her capacity, and that by his or her signature on the instrument, the individual, or the person upon behalf of whom the individual acted, executed the instrument. Notary Public SALLY LLOGLY NOTARY PUBLIC, STATE OF NEW YORK (QUALIFIED IN TOMPKINS COUNTY NO. 01 G16201976 MY COMMISSION EXPIRES 9, 20 91 RET.astwoodcommwns2olssylawsAma 1/30/18 2018-07723 07/13/2018 02:09:16 PM AMENDMENT OF DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS RELATING TO EASTWOOD COMMONS DEVELOPMENT, TOWN OF ITHACA, TOMPKINS COUNTY, NEW YORK The undersigned hereby certify that they are, collectively, the owners of not less than seventy-five percent (75%) of the lots contained in the Eastwood Commons Development (hereinafter referred to as "the Development") described in a Declaration of Covenants, Conditions and Restrictions dated September 11, 1993 and recorded September 12, 1973 in the Tompkins County Clerk's Office in Liber 19 of Miscellaneous Records at page 143 (hereinafter referred to as "the Declaration"); as amended by an amendment dated January 22, 1979 and recorded in said Clerk's Office in Liber 20 of Miscellaneous Records at page 143; as further amended by an amendment dated January 22, 1979 and recorded in said Clerk's Office in Liber 23 of Miscellaneous Records at Page 957; as further amended by an amendment dated November 1, 1994 and recorded in said Clerk's Office in Liber 50 of Miscellaneous Records at page 97; and as further amended by an amendment effective January 1, 1996 and recorded in the said Clerk's Office on December 21, 1995 in Liber 54 of Miscellaneous Records at page 160. Therefore, in accordance with Article X, Section 3 of the Declaration, the undersigned hereby amend the Declaration as follows: Article H (PROPERTY RIGHTS), Section 2 (Delegation of Use") is amended to read as follows: Section 2. Delegation of Use. Any owner may delegate, in accordance with the By -Laws, his right of enjoyment to the Common Area and facilities to the members of his family, his tenants, or contract purchasers who reside on the property, subject to the restrictions set forth in Section 5 below. Article H (PROPERTY RIGHTS), Section 5 (Rental of Units) is amended to read as follows: Section 5. Rental of Units. A person or entity owning a unit is permitted to rent a unit to tenants subject to the provisions of this section. No person or entity owning more than one unit may rent out more than one unit at a time. This provision shall not apply to multiple units acquired by owners prior to January 1, 1996. No person or entity owning a unit may rent out a unit or a portion thereof for a period of less than two consecutive months. Tenants of a unit may not sublet all or part of a unit for any period of time. 1 These amendments shall be effective on the %day of - Ltd; , 20 IS, Unit Name of Owner Signature Date Witness signature 5 �� ✓ 0 18BylawsAmd 1/30/18 2018-07723 07/13/2018 02:09:16 PM AMENDMENT OF DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS RELATING TO EASTWOOD COMMONS DEVELOPMENT, TOWN OF ITHACA, TOMPKINS COUNTY, NEW YORK Unit Name of Owner Signature Date Witness signature .57 M� y L � cow S L (Aelk M s-74 i 18BylawsAW 150118 2018-07723 07/13/2018 02:09:16 PM AMENDMENT OF DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS RELATING TO EASTWOOD COMMONS DEVELOPMENT, TOWN OF ITHACA, TOMPKINS COUNTY, NEW YORK Unit Name of Owner Signature Date Witness signature ACKNOWLEGDEMENT STATE/COMMONWE TH OF /VI,,) `%` L COUNTY OF VIA t K i, BLS )ss.: On the day of 4t c-( (/ , 20L, before me, t e undersign4 a Notary Public in and for said State or Commonwealth, personally appeared 6 rc.✓^` 1`a � L `p Gv�a 1/Z , personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument, and acknowledged to me that he or she executed the same in his or her capacity, and that by his or her signature on the instrument, the individual, or the person upon behalf of whom the individual acted, executed the instrument. �1 j 4) tary Publ JEANNE Y PETRELLA NOTARY PUBLIC STATE OF NEW YORK TOMPKINS COUNTY LIC. #01 PE4994210 COMM. EXP. MARCH 30, 20.! RETastvo ommons2018BylawsAmd 1/30/18 2018-07723 07/13/2018 02:09:16 PM AMENDMENT OF DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS RELATING TO EASTWOOD COMMONS DEVELOPMENT, TOWN OF ITHACA, TOMPKINS COUNTY, NEW YORK The undersigned hereby certify that they are, collectively, the owners of not less than seventy-five percent (751/o) of the lots contained in the Eastwood Commons Development (hereinafter referred to as "the Development") described in a Declaration of Covenants, Conditions and Restrictions dated September 11, 1993 and recorded September 12, 1973 in the Tompkins County Clerk's Office in Liber 19 of Miscellaneous Records at page 143 (hereinafter referred to as "the Declaration"); as amended by an amendment dated January 22, 1979 and recorded in said Clerk's Office in Liber 20 of Miscellaneous Records at page 143; as further amended by an amendment dated January 22, 1979 and recorded in said Clerk's Office in Liber 23 of Miscellaneous Records at Page 957; as further amended by an amendment dated November 1, 1994 and recorded in said Clerk's Office in Liber 50 of Miscellaneous Records at page 97; and as further amended by an amendment effective January 1, 1996 and recorded in the said Clerk's Office on December 21, 1995 in Liber 54 of Miscellaneous Records at page 160. Therefore, in accordance with Article X, Section 3 of the Declaration, the undersigned hereby amend the Declaration as follows: Article II (PROPERTY RIGHTS), Section 2 (Delegation of Use") is amended to read as follows: Section 2. Delegation of Use. Any owner may delegate, in accordance with the By -Laws, his right of enjoyment to the Common Area and facilities to the members of his family, his tenants, or contract purchasers who reside on the property, subject to the restrictions set forth in Section 5 below. Article II (PROPERTY RIGHTS), Section 5 (Rental of Units) is amended to read as follows: Section 5. Rental of Units. A person or entity owning a unit is permitted to rent a unit to tenants subject to the provisions of this section. No person or entity owning more than one unit may rent out more than one unit at a time. This provision shall not apply to multiple units acquired by owners prior to January 1, 1996. No person or entity owning a unit may rent out a unit or a portion thereof for a period of less than two consecutive months. Tenants of a unit may not sublet all or part of a unit for any period of time. These amendments shall be effective on the Aeday of , 201_g_. Unit Name of Owner stiL _ 5+,c REEaAwoodCommons2018BylawsAmd 1/30/18 Sig ture Date Witness signature �( ti °�/I f /g 2018-07723 07/13/2018 02:09:16 PM AMENDMENT OF DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS RELATING TO EASTWOOD COMMONS DEVELOPMENT, TOWN OF ITHACA, TOMPKINS COUNTY, NEW YORK Unit Name of Owner Signature Date Witness sienature 40:#1 k1mbeYl N I 6tr c F -; � 2- �} 1\1 I L i l� 61-�i L Sri � f�� T�►� ��� s� ,3 l H� MCLf'rQ�— � 1COlL5r Ne hey CwtOW o ,701 tN D*3 C-TUANC-� j �L �kCADWH (,Lt9tA Let,4 2�d WFl)#2 �31ej ► RE\Easlv.vMCommons2018BylawsAmd 1/30/18 2018-07723 07/13/2018 02:09:16 PM AMENDMENT OF DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS RELATING TO EASTWOOD COMMONS DEVELOPMENT, TOWN OF ITHACA, TOMPKINS COUNTY, NEW YORK U�n�it� Name of Owner Signature Date Witness signature ACKNOWLEGDEMENT STATE/COIVWONWE H OF A)�.t.,l� V�4L COUNTY OF 0 �/Li.i�kT� C �l � )ss.: On the a( LI day of , 20 before me the undersig ed, a Notary Public in and for said State or Commonwealth, �y appeared & 1 q � L ` DAQ . , personally known to me or proved to me on the basis of satisfactory evidence-fo be the individual whose name is subscribed to the within instrument, and acknowledged to me that he or she executed the same in his or her capacity, and that by his or her signature on the instrument, the individual, or the person upon behalf of whom the individual acted, executed the instrument. r %Pubjfic JEANNE Y PETRELLA NOTARY PUBLIC STATE OF NEW YORK TOMPKINS COUNTY LIC. #01 PE4994210 COMM. EXR MARCH 30, 2011 A RE\EaAvioodCommons2018BylawsAmd 1/30/18 2018-07723 07/13/2018 02:09:16 PM AMENDMENT OF DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS RELATING TO EASTWOOD COMMONS DEVELOPMENT, TOWN OF ITHACA, TOMPKINS COUNTY, NEW YORK The undersigned hereby certify that they are, collectively, the owners of not less than seventy-five percent (75%) of the lots contained in the Eastwood Commons Development (hereinafter referred to as "the Development") described in a Declaration of Covenants, Conditions and Restrictions dated September 11, 1993 and recorded September 12, 1973 in the Tompkins County Clerk's Office in Liber 19 of Miscellaneous Records at page 143 (hereinafter referred to as "the Declaration"); as amended by an amendment dated January 22, 1979 and recorded in said Clerk's Office in Liber 20 of Miscellaneous Records at page 143; as further amended by an amendment dated January 22, 1979 and recorded in said Clerk's Office in Liber 23 of Miscellaneous Records at Page 957; as further amended by an amendment dated November 1, 1994 and recorded in said Clerk's Office in Liber 50 of Miscellaneous Records at page 97; and as further amended by an amendment effective January 1, 1996 and recorded in the said Clerk's Office on December 21, 1995 in Liber 54 of Miscellaneous Records at page 160. Therefore, in accordance with Article X, Section 3 of the Declaration, the undersigned hereby amend the Declaration as follows: Article H (PROPERTY RIGHTS), Section 2 (Delegation of Use") is amended to read as follows: Section 2. Delegation of Use. Any owner may delegate, in accordance with the By -Laws, his right of enjoyment to the Common Area and facilities to the members of his family, his tenants, or contract purchasers who reside on the property, subject to the restrictions set forth in Section 5 below. Article H (PROPERTY RIGHTS), Section 5 (Rental of Units) is amended to read as follows: Section 5. Rental of Units. A person or entity owning a unit is permitted to rent a unit to tenants subject to the provisions of this section. No person or entity owning more than one unit may rent out more than one unit at a time. This provision shall not apply to multiple units acquired by owners prior to January 1, 1996. No person or entity owning a unit may rent out a unit or a portion thereof for a period of less than two consecutive months. Tenants of a unit may not sublet all or part of a unit for any period of time. These amendments shall be effective on the Zrday of tJA vl e_, 20 ( V Unit Name of Owner sZNIRVI rQ 15 kflizh Qh h 3,p 4+ 3 _Sos"N tAP-el,�w SG}t RET. sh ooacommona018sylamAma 1/30/18 Signature Date Witness signature 1 1g 2018-07723 07/13/2018 02:09:16 PM AMENDMENT OF DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS RELATING TO EASTWOOD COMMONS DEVELOPMENT, TOWN OF ITHACA, TOMPKINS COUNTY, NEW YORK Unit Name of Owner Sianature Date Witness sianatuw----� ACKNOWLEGDEMENT STATE/COMMaSW ALTH OF 00�l,v q()Fk COUNTY OF _ V- l )ss.: On the , 70 4ay of M (-/ / , 20 before me, the undersigned, a Notary Public in and for said State or Commonwealth, personally appeared �d.l G mG (& O2 I I -�� i ✓► Psi- , personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument, and acknowledged to me that he or she executed the same in his or her capacity, and that by his or her signature on the instrument, the individual, or the person upon behalf of whom the individual acted, executed the instrument. 001j Notary Public SALLY GILLOGLY NOTARY PUBLIC, STATE OF NEW YORK QUALIFIED IN TOMPKINS COUNTY NO. O 1 G16201976 MY COMMISSION EXPIRES 9, 20,1 REEwtwoodCommonaOl BylawsAmd 1/30118 2018-07723 07/13/2018 02:09:16 PM AMENDMENT OF DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS RELATING TO EASTWOOD COMMONS DEVELOPMENT, TOWN OF ITHACA, TOMPKINS COUNTY, NEW YORK The undersigned hereby certify that they are, collectively, the owners of not less than seventy-five scent (75%) of the lots contained in the Eastwood Commons Development (hereinafter referred to as "the evelopment") described in a Declaration of Covenants, Conditions and Restrictions dated September 11, 1993 A recorded September 12, 1973 in the Tompkins County Clerk's Office in Liber 19 of Miscellaneous Records page 143 (hereinafter referred to as "the Declaration"); as amended by an amendment dated January 22, 1979 id recorded in said Clerk's Office in Liber 20 of Miscellaneous Records at.page 143; as further amended by an nendment dated January 22,1979 and recorded in said Clerk's Office in Liber 23 of Miscellaneous Records at ige 957; as further amended by an amendment dated November 1, 1994 and recorded in said Clerk's Office in iber 50 of Miscellaneous Records at page 97; and as further amended by an amendment effective January 1, )96 and recorded in the said Clerk's Office on December 21, 1995 in Liber 54 of Miscellaneous Records at ige 160. Therefore, in accordance with Article X, Section 3 of the Declaration, the undersigned hereby amend the eclaration as follows: Article H (PROPERTY RIGHTS), Section 2 (Delegation of Use") is amended to read as follows: Section 2. Delegation of Use. Any owner may delegate, in accordance with the By -Laws, his right of ijoyment to the Common Area and facilities to the members of his family, his tenants, or contract purchasers ho reside on the property, subject to the restrictions set forth in Section 5 below. Article 11(PROPERTY RIGHTS), Section 5 (Rental of Units) is amended to read as follows: Section 5. Rental of Units. A person or entity owning a unit is permitted to rent a unit to tenants subject to the provisions of this :ction. No person or entity owning more than one unit may rent out more than one unit at a time. This •ovision shall not apply to multiple units acquired by owners prior to January 1, 1996. No person or entity owning a unit may rent out a unit or a portion thereof for a period of less than two msecutive months. Tenants of a unit may not sublet all or part of a unit for any period of time. These amendments shall be effective on the day of nit Name of Owner Signature - ULLE: LOJ4M J S '�k WA9voodcomnonz201ZBylawsAmd 113011E ,20 Date Witness �signature 1 ovo� 19�`j_-__ =_ C1Clp LoVn&k-JS 2018-07723 07/13/2018 02:09:16 PM AMENDMENT OF DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS RELATING TO EASTWOOD COMMONS DEVELOPMENT, TOWN OF ITHACA, TOMPKINS COUNTY, NEW YORK nit Name of Owner Sip -nature Date Witness signature ACKNOWLEGDEMENT TATE/CONIMO • I F ;t4w °" Ca144 OUNTY OF , )ss.: -)�4 On the 7 day of T irC , 20 /cP beforj� n}e, the undersigned, a Notary Public in and for yid State or Commonwealth, personally appeared �f Gd M&I , personally known me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the ithin instrument, and acknowledged to me that he or she executed the same in his or her capacity, and that by is or her signature on the instrument, the individual, or the person upon behalf of whom the individual acted, xecuted the instrument. 4 / Notary P lic ••••�P�t GASS,q� d r COMMISSION � = IRES CORYGASBAWAY EXP,'_ .U;"*wadCumnkm"0IWylawsnmA I130il9 2018-07723 07/13/2018 02:09:16 PM AMENDMENT OF DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS RELATING TO EASTWOOD COMMONS DEVELOPMENT, TOWN OF ITHACA, TOMPKINS COUNTY, NEW YORK The undersigned hereby certify that they are, collectively, the owners of not less than seventy-five percent (75%) of the lots contained in the Eastwood Commons Development (hereinafter referred to as "the Development") described in a Declaration of Covenants, Conditions and Restrictions dated September 11, 1993 and recorded September 12, 1973 in the Tompkins County Clerk's Office in Liber 19 of Miscellaneous Records at page 143 (hereinafter referred to as "the Declaration"); as amended by an amendment dated January 22, 1979 and recorded in said Clerk's Office in Liber 20 of Miscellaneous Records at page 143; as further amended by an amendment dated January 22, 1979 and recorded in said Clerk's Office in Liber 23 of Miscellaneous Records at Page 957; as further amended by an amendment dated November 1, 1994 and recorded in said Clerk's Office in Liber 50 of Miscellaneous Records at page 97; and as further amended by an amendment effective January 1, 1996 and recorded in the said Clerk's Office on December 21, 1995 in Liber 54 of Miscellaneous Records at page 160. Therefore, in accordance with Article X, Section 3 of the Declaration, the undersigned hereby amend the Declaration as follows: Article II (PROPERTY RIGHTS), Section 2 (Delegation of Use") is amended to read as follows: Section 2. Deleaation of Use. Any owner may delegate, in accordance with the By -Laws, his right of enjoyment to the Common Area and facilities to the members of his family, his tenants, or contract purchasers who reside on the property, subject to the restrictions set forth in Section 5 below. Article H (PROPERTY RIGHTS), Section 5 (Rental of Units) is amended to read as follows: Section 5. Rental of Units. A person or entity owning a unit is permitted to rent a unit to tenants subject to the provisions of this section. No person or entity owning more than one unit may rent out more than one unit at a time. This provision shall not apply to multiple units acquired by owners prior to January 1, 1996. No person or entity owning a unit may rent out a unit or a portion thereof for a period of less than two consecutive months. Tenants of a unit may not sublet all or part of a unit for any period of time. These amendments shall be effective on the 45!9y of j u x&< , 20. :-l(st�,,b�cryyl( Unit Name bf Owner Signature Date Witne signQ)r6, WtK SKG J RETaAvmdCommons201NylawsAmd 1/30/18 2018-07723 07/13/2018 02:09:16 PM s • AMENDMENT OF DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS RELATING TO EASTWOOD COMMONS DEVELOPMENT, TOWN OF ITHACA, TOMPKINS COUNTY, NEW YORK Unit Name of Owner r h71-3 5►tG �.4G-3 Ca�� K(�arnmen Y l REl zAwoodCommons2018BylawsAmd MOM Signature Date Witness signature 2018-07723 07/13/2018 02:09:16 PM AMENDMENT OF DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS RELATING TO EASTWOOD COMMONS DEVELOPMENT, TOWN OF ITHACA, TOMPKINS COUNTY, NEW YORK Unit Name of Owner Signature Date Witness signature I'L�7'1�[I .��Llil7 flu I �1►Y � STATE/COMM TH OF A!� ,L �cr COUNTY OF [awl ( L"V S )ss.: On the day of, -TU 1/(-e , 20 before }ne, �te undersigned, a Notary Public in and for said State or Commonwealth, personally appeared 6c / ( /V Cr/ ✓1 , personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument, and acknowledged to me that he or she executed the same in his or her capacity, and that by his or her signature on the instrument, the individual, or the person upon behalf of whom the individual acted, executed the instrument. Eotarczwwl y Publ Y PETRELLA NOTARY P B C STATE OF NEW YORK T PKINS COUNTY LIC. #0 1 PE499421 0 COMM. EXP. MARCH 30, 20jLj RE\Ea9woodCommons2018By1awsAmd 1/30n8 2018-07723 07/13/2018 02:09:16 PM AMENDMENT OF DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS RELATING TO EASTWOOD COMMONS DEVELOPMENT, TOWN OF ITHACA, TOMPKINS COUNTY, NEW YORK The undersigned hereby certify that they are, collectively, the owners of not less than seventy-five percent (75%) of the lots contained in the Eastwood Commons Development (hereinafter referred to as "the Development") described in a Declaration of Covenants, Conditions and Restrictions dated September 11, 1993 and recorded September 12, 1973 in the Tompkins County Clerk's Office in Liber 19 of Miscellaneous Records at page 143 (hereinafter referred to as "the Declaration"); as amended by an amendment dated January 22, 1979 and recorded in said Clerk's Office in Liber 20 of Miscellaneous Records at page 143; as further amended by an amendment dated January 22, 1979 and recorded in said Clerk's Office in Liber 23 of Miscellaneous Records at Page 957; as further amended by an amendment dated November 1, 1994 and recorded in said Clerk's Office in Liber 50 of Miscellaneous Records at page 97; and as further amended by an amendment effective January 1, 1996 and recorded in the said Clerk's Office on December 21, 1995 in Liber 54 of Miscellaneous Records at page 160. Therefore, in accordance with Article X, Section 3 of the Declaration, the undersigned hereby amend the Declaration as follows: Article II (PROPERTY RIGHTS), Section 2 (Delegation of Use") is amended to read as follows: Section 2. Delegation of Use. Any owner may delegate, in accordance with the By -Laws, his right of enjoyment to the Common Area and facilities to the members of his family, his tenants, or contract purchasers who reside on the property, subject to the restrictions set forth in Section 5 below. Article II (PROPERTY RIGHTS), Section 5 (Rental of Units) is amended to read as follows: Section 5. Rental of Units. A person or entity owning a unit is permitted to rent a unit to tenants subject to the provisions of this section. No person or entity owning more than one unit may rent out more than one unit at a time. This provision shall not apply to multiple units acquired by owners prior to January 1, 1996. No person or entity owning a unit may rent out a unit or a portion thereof for a period of less than two consecutive months. Tenants of a unit may not sublet all or part of a unit for any period of time. These amendments shall be effective on the day of J u h -C- , 20 Unit Name of Owner -L31f 2 NJASSER- jvt-tE' 0, CRvvtI�a REEF.aAwoodCommons2018By1awsAmd 1/30118 Signature 4LL Date Witness signature 2018-07723 07/13/2018 02:09:16 PM AMENDMENT OF DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS RELATING TO EASTWOOD COMMONS DEVELOPMENT, TOWN OF ITHACA, TOMPKINS COUNTY, NEW YORK Name of Owner Sian ;tore Date Witness si ture YDtjJ A 0&-1 Do /1r, 11 Ja 6(Li I t'v8 fil<11 W4 �lfL S� ► 7 l� mod/<� RE\EastwoodCommons2018BylawsAmd 1/30/18 2018-07723 07/13/2018 02:09:16 PM AMENDMENT OF DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS RELATING TO EASTWOOD COMMONS DEVELOPMENT, TOWN OF ITHACA, TOMPKINS COUNTY, NEW YORK Unit Name of Owner Signature Date Witness signature i ACKNOWLEGDEMENT STATE/COMMONWEALTH OF i l� v / COUNTY OF I V YYI� (�l _ )ss.: On the day , 20 , before me. t undersigned, a Notary Public in and for said State or Commonwealth, personally appeared . '� -e� , personally known to me or proved to me on the basis of satisfactory evidence to1k the individual whose name is subscribed to the within instrument, and acknowledged to me that he or she executed the same in his or her capacity, and that by his or her signature on the instrument, the individual, or the person upon behalf of whom the individual acted, executed the instrument. LINDSEY M. HARRELL Notary Public - State of New York No. 01 HA6337180 Qualified in Tompkins County My Commission Exp. OW1 EWN20 RE EastwoWCommons2018BylawsAmd 1/30/18 h o. n I a n 1 UiER 19 ►ACE 198 O t' it Q DECLARATION I OF COVENANTS CONDITION AN , S D RESTRICTIONS THIS DECLARATION, made on the date hereinafter set forth %o /413 by Eastwood Commons Development Company, hereinafter referred to as "Declarant. " l WITNESSETH: 4 WHEREAS, Declarant is the owner of certain property in the M1 Town of Ithaca, County of Tompkins, State of New York, which is �. more particularly described as: .. ALL THAT TRACT OR PARCEL OF LAND situated in the Town g of Ithaca, County of Tompkins and State of New York being bounded and described as follows: Beginning at a point located on the south- erly line of a parcel conveyed to Eastwood Commons Development` Company by Enos Pyle, said point being located 2 courses from the southeast corner of the above mentioned parcel: 1) S-681-18'-25"-W a distance of 120.40' 2) S-67°-09'-45"-W a distance of 184.09' to a point; thence running N-180-001706"-W a distance of 652.661 to a point; thence running S-810-34'-02"-W a distance of 283.95' to a point; thence ,running S-18°-00'-06"-E a distance of 738.82' to a point; thence r nning N-600-00'-58"-E a distance of 122.33' to a point; thence. canning N-670-09'-45"-E a distance of 160.91' to the • boundaries, and the individual lots: A, B, C and D underlying Buildings .1 through 10, all of which are shown on Development • f Plan, Phase 1, Subdivision Plat, prepared by F. Donald McKee, t Licensed Surveyor. N f • i • i NOW THEREFORE, Declarant hereby declares that all of the properties described above shall be held, sold and conveyed subject to the following easements, restrictions",' .covenants, and conditions, which are for the purpose of j protecting the value and desirability of, and which -shall j run with, the i:eal property and be binding on all parties having any right, title or interest in the described pro- .I perties or any part thereof, their heirs successors and assigns, and shall inure to the benefit of each owner thereof. ARTICLE I DEFINITIONS Section 1. "Association" shall mean and refer to Eastwood Commons Residents Association, Inc. , its successors and assigns. j Section 2. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of a ,foe simple title to any Lot which 'is a part of the Properties, including contract sellers, but excluding those having such USER 0 OCE 200 Section 3. "Properties" shall mean and refer to.that certain real property kereinabove described, and such additions thereto as may hereafter be ; brought within the jurisdiction of the Association. _.+_ Section 4. "Common Area" shall mean all real property and improvements thereon owned by the Association for the common use and enjoyment of the: owners. The Common Area to be owned by the Association at the time of conveyance of the first lot is described as follows: all the property previously described in this Declaration on page la and the facilities thereon including '"the driveways, parking areasb patios, pedestrian paths, play areas. rec- reational facilities and related equipment, but excluding the individual lots and single family residential units thereon and public rights of way as shown on the subdivision map to be filed with the Topmkins County Clerk and also excluding the equipment installed within the Common Area belonging to the public utility companies or other service contractors. Section S. "Lot" shall mean and refer to any plot of land shown upon any recorded subdivision map of the Properties with the .exception of the. Common Area. • . : �, r Section 6. "Declarant" shall mean and refer to Schickei Development Corporation . , its successors and assigns if such successors or assigns should acquire more than one developed Lot from the Declarant for the purpose of• development. Section 7. "Member" shall mean and refer to every person or entity.who holds membership in the Association. M the Declarant or, prior to such conveyance, has been occupied. Section 9. "Class IX Lots" shall mean and refer to any lot upon which a single-family residence unit has not been, completed or, if completed, has not been either conveyed to an owner other than Declarant or, prior to such.conveyance, has not been occupied. ARTICLE 11 _. - . • PROPERTY RIGHTS Section 1. Owners' Easements of Enjoyment Every owner shall have a right and easement of enjoyment thiough the Association in and to the Common Area which shall be ap— purtcnant to and shall pass with the title to every Lot, subject to the following provisions:. (a) the right of the.Association to charge reasonable a admission and other fees for the use of anyrecreational facility or other common facility situated upon the Common Area; f • (b)Y the right of the Association to suspend the voting rights and right to use of the recreational facilities ' by an owner for any period during which any assessment remains unpaid; and for a period not to.exceed 60 days for any infraction of its published rules and regulations; (c) the right of the Association to dedicate or transfer all or any part of the Common Area to any public Link D iAGE 202 , class of members agreeing to such dedication or transfer has been recorded. (d) the right of the Association to limitlor otherwise ° • regulate the number of guests using the common areas; (a) the right of the Association, in accordance with its Articles and By -Laws, to borrow money for the purpose of improving the Common Area and facilities and in aid thereof the mortgage on said properties shall be subordinate to the rights of the homeowners hereunder. Section 2. Delegation of Use. Any owner may delegate,• in accordance with the By -Laws, his right of enjoyment to the Common Area and facilities to the members of his Tamily, his tenants, or contract purchasers who reside . on .the property. Section 3.• Requlation of"Uses. The Association reserves the 'right .to, regulate the use of the recreational facilities and common area through the establishment of rules and 'regulations. ARTICLE III', MEMBERSHIP AND VOTING RIGHTS Section'l. Every owner of a Lot shall be a member of the Association.. Membership shall be appurtenant to'and may not be separated from ownership of any Lot, . Section 2. The Association shall have two classes of voting membership: Class A. Class A members shall be all Owners with entitled to one vote for each Lot owned. When mor© ! than one person holds an interest in any Lot, all such persons shall be members. The vote for such Lot shall be exercised as the owners among themselves 1 determine, but in no event shall more than one vote be cast with respect to any Lot. Class B. The Class B member shall be the Declarant and shall be entitled to three (3) votes for -each Lot owner. The Class B membership shall ! cease and be converted to Class A membership•on the happening of either of the following events, whichever occurs earlier: (a) when the total votes outstanding in the ' Class A membership equal thetotal votes outstanding in the Class B membership, or (b) Five (5) years after date of transfer of title to the first single family residence unit. . • .� - :'ARTICLE IV :......... • .. . COVENANT FOR MAINTENANCE, SPECIAL, AND PROPERTY TAX ASSESSMENTS 4 , Section 1. Creation of the Lien and Personal Obligation of Assessments. The Declarant, for each Lot owned within the Properties, hereby covenants, and each owner of any Lot by acceptance of a'deed therefor, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association: (1).annual maintenance assessments u�ER 19 am 204 established and collected as hereinafter provided. The annual maintenance, special and property tax (Common Area) assessments, together with interest, costs, and reasonable attorney's fees shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made. Each such assessment, together with interest, costs, and reasonable attorney's fees, shall be the personal obligation of the person who was the Owner of such property at tho time when the assessment fell due. .The personal obligation for • delinquent assessments shall not pass to his successors in title unless expressly assumed by them. Each Deed shall contain the following covenant: "And the party of the second part (his, her, their).. . heirs, grantees and assigns further covenants that the property herein conveyed shall be subject to an annual maintenance charge in such amount as shall bo determined by Eastwood Commons Resldents Association•,•"Inc.,"' its successors and assigns, and in addition real property taxes one common areas,'if separately assessed, and special assessments,'. as set forth in Article IV of the Declaration, which sums shall be paid monthly, in advance on the 1 st day of each month, and . on each monthly date such charges shall become liens upon the land and so continue until fully paid and the party of the second part does hereby authorize and 6%+ ower said Eastwood Commons Residents Association, Inc., its successors and 'h assianss to bring any and all actions or legal proceedinas its successors and assi.gns,.for the obligation of such charges and the enforcement of such liens. Such • i charges shall be payable to Eastwood Commons Residents Association Inc. i , ., its successors and assigns and shall be devoted exclusively to promote the recreation, . i health, safety, and welfare of the owners and for the improvement, maintenance and payment of real property taxes of the Common Area, and for the improvement and maintenance of the units upon the Properties." Section 2. Purpose of Assessments. 'The assessments levied by the Association shall be used exclusively to promote the recreation, health, safety and welfare of the residents in •E the Properties and for the improvement, maintenance and payment f of real property taxes of the Common Area if applicable, and for the improve - meet and maintenance of the homes situated upon the Properties. t Section 3. Maximum Annual Maintenance Assessment. Until. r Janus 1 of the January year immediately following the conveyance of t the first Lot to an Owner, the maximum annual maintenance assess-= ment shall be Four Hundred and Eighty Dollars ($480.00) per Lot. W From and after January 1 of the year immediately following the conveyance -of the first Lot to an Owner, the maximum annual assessment inay be' increased each year not more than 31c above the maximum assessment for the previous year without a vote of the membership. • I (b, From and after January 1 of the year immediately i m LIdER �q PAGC 011 preceding month of July without a vote of the membership. (c) From and after January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual maintenance assessment may be In- creased above that authorized by subparagraph (a) and (b) of this Section by a vote of two-thirds (2/3) of each 4, class of members who are voting in person or by proxy, at a meeting duly called for this purpose. The Board of Directors may fix the annual maintenance • assessment at an amount not In excess of the maximurn. Section 4. Special Assessments for Capital Improvements. R• , In addition to the annual maintenance assessments authorized above, the Association may levy, in any assessment year, a special assessment applicable to that year only for the purpose of defraying, in whole or In part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the Common area, including fixtures and personal property related thereto, provided that' any such assessment shall have the assent of'two-thirds (2/3) of the votes of each class of members who are voting in person or by • proxy at a meeting duly called for this purpose. Section S. 'Notice and Quorum for Any.Action Authorized Under Section 3 or 4. Written notice of any meeting called for the purpose of taking any action authorized under. Section 3 or 4 shall be sent to all -members not less than 30 days nor more than 60 days in advance of the meeting. requirement, and the required quorum at the subsequent meeting shall be one-half (1/2) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than 60 days following the preceding meeting. Secationt6. Rate of Annual Maintenance and Special Assessments. . Both annual maintenance and special assessments must be fixed at a uniform rate for all Class I Lots, and Class YI Lots, provided, however, that the assessments on all Class II Lots shall be fixed at i"EUTY-FrIE per cent of the amount of. the . assessments upon all'Class I. Lots. Section 7. Property Tax Assessment. Unless such taxes are included in the individual residence tax assessment by the assessing authority, the state. and local real property taxes assessed on the'common area will be paid through the Association by all owners of Class I Dots and Class II Lots, Each Lot . will be assessed by the Association for an equal pro-rata share of the real property taxes on the common area and shall be paid monthly in advance to the Association. Section 8. Date of Commencement of Annual Maintenance Assess- ments: Due Dates. The annual maintenance assessments provided for herein shall commence as to all Lots .on the first day of WER 19• 'LACE 208 The Board of Directors shol fix the amount of the annual maintenance assessment for each Lot at least thirty (30) days in advance of each annual assessment period. Written notice of the annual maintenance assessment shall be sent to every owner subject thereto. The due dates shall be established by the Board of Directors, and, unless otherwise provided, the Association shall collect each month from the owner of each Lot one -twelfth (1/12) of the annual maintenance assessment for such Lot. 4The Association shall, upon demand, and for a reasonable charge, fuinish a certificate signed by an officer of the Asso- ciation setting forth whether the assessments on a specified Lot have been paid. Such Certificates shall be conclusive evidence ,of payment of any assessment therein stated to have been paid. Section 9. Date of Commencement of Property Tax Assessments. Unless such taxes are included in the individual residence tax assessment by the assessing authority, • the property tax assessments provided for herein shall • to commence ashll Lots on the first day of the month following the conveyance of the Common Area. Upon transfer of title to a single family residential unit, the real property taxes shall be adjusted and apportioned. In addition to the adjustment of taxes at the time. of transfer of title to a single family residence unit, a purchaser shall deposit in escrow with the Homeowners Association a sufficient sum to pay his pro-rata-share of the next due property taxes on the Common Area. Section 10. Effect of Nonpayment of Assessments:: Remedies of the Associatic Any'issessments which are not paid when due shall be delinquent. If the asses. sment is not naid within thirty (301 days after the due date, the assessment sha .against tho,Owner personally obligated to pay the same, or fore- close the lien against the property, and.interest:, costs, and reasonable attorney's fees of any such action shall be added to the amount of such assessment. Each such Owner, by his acceptance of a deed to a Lot, hereby expressly vests in the Eastwood Commons Residents Association, Inc. or its agents the right and power to bxing all actions against such Owner personally •for the collection of such charges ad a debt and to enforce the aforesaid lion by all methods available for the enforcement of such liens, including foreclosures by an action brought in the name of the Association -in a like manner as a mortgage or deed of trust lien on a real property and such owner hereby expressly grants.to the Association a power of sale in connection with said lien. The. Lien provided for in this section shall be in favor of the Asso- ciation and shall be for the benefit of all other Lot owners. The Association, acting on behalf of the Lot owners shall have the power to.bid in an interest foreclosed at foreclosure sale and to" u acquire and hold, lease mortgage and convey the same; and to sub- rogate so much of its right to such liens as may be necessary or expedient to an insurance company continuing to give total cov- erage notwithstanding nonpayment of such defaulting owner's portion of the premium. No Owner may waive or otherwise escape liablity for the assessments provided for herein by non-use of the Common Area of abandonment of his Lot. Section 11. Subordination of the Lien to Mortctaces . The lien i LIBER FACE 2�.0 not affect the assessment lien. However# the Bale or ' I transfer of any lot pursuant to mortgage foreclosure or , ' 9 any proceeding in lieu thereof, shall extinguish the lien. ' of such assessments as to payments which became due prior s to such sale or transfer. No sale or transfer shall relieve such Lot from liability for any assessments thereafter, become due or from the lien thereof. Section 12. Exempt''Vroperty. All properties dedicated ' to and accepted byr a local public authority# and the I Common Area# shall be exempt from the assessments created • k herein. However, no land or improvements devoted to dwelling use shall be exempt from said assessments. _ Section 13. Management Agreements. Each Owner of a , Lot hereby agrees to be bound by the.terms and conditions of all management agreements entered into by the Asso- ciation: A copy of all such agreements shall be available to each owner. Any and all management agreements entered into by the Association shall provide that said management agreement may be cancelled prior to its expiration date by an affirmative vote of sixty per cent'(60%) of the votes of each class of the Members of the Association who'are voting in person or by proxy at a meeting at r which a quorum, as defined in Article Wo Section 5 ofthis Declarations is present. In no event shall such management agreement be cancelled prior to the effecting by the Association or its Board of Directors of a new management agreement with a party or parties, which new management agreement will become operative immediately upon the cancellation of the preceding management agreement. It shall be the duty of the Association or its Board of Directors to effect a new management agreement prior to the.expiration of any prior management contract. Any and all management agreements shall be made with a responsible party or parties having experience adequate for the management' of a project of this type. Section 14. Insurance Assessments. The Board of Directors, or its duly authorized agent, shall have the authority to obtain insurance for all the buildings, including all single family residen- tial units, unless the owners thereof have supplied proof of adequate coverage to the Board of Directors' satisfaction, against loss or datnage • by fire ok• other hazards in an amount sufficient to cover the full.re- placement cost of any repair or reconstruction work in the event of damage or destruction from any hazard, and shall also obtain a broad form public liability policy covering all Common Area, and all damage or injury caused by the negligence of the Association or any of its agents. Said insurance may include coverage against vandalism. i U6ER 19 FACE iZ�2 • Premiums for all such insurance, except on the individual residences, shall be common expenses. All such insurance coverage, including insurance on individual residences ' .obtained by the Board of Directors shall be written in the name of the Association as Trustee for each of the townhouse Owners in equal proportions. insurance on individual residences . obtained by such residence owners may be written in the name of the individual Owners. • .• Premiums for insurance obtained by the Board of Directors on individual residences shall not be part of the common expense but shall be an expense of the specific residence or residences; so covered and.a debt owed by the owners and shall be paid within twenty•(20) days after notice of such debt and shall be collectible by any lawful procedure permitted by the laws of the State of New York.' In addition, if said debt is not paid within twenty (20) days after.notice of such debt, such amount shall auto- matically become a lien upon such owner's residence -and shall continue to be such lien until fully paid. This • lien shall be subordinate to the lien of any first mortgagee and shall be enforceable in the same manner as any lien .created by failure to pay the maintenance assessments. Any owner may, if he wishes, at his own expense, insure his own residence unit for his own benefit and carry any ' and all other insurance he deems advisable. it shall be the individual responsibility of each owner at his own expense to provide, as he sees fit, homeowner's liability insurance, theft and other insurance covering personal . property damage and loss. In the event of damage or - destruction by fire or other casualty to any property covered by insurance written in the name of the Association, ' the Board of Directors shall, with concurrence of the mortgagee, if any, upon receipt of the insurance proceeds, contract to rebuild or repair such damaged or destroyed portions of the property to as good condition as formerly.. All such insurance proceeds shall be deposited in a bank or other financial institution, the accounts of which bank or institution are insured by a Federal governmental agency, with the provision agreed to by said bank or institution that such funds may be withdrawn -only by signature of at least one-third (1/3) of the members of the Board of Directors, or by an agent duly authorized by the Board of Directors. The Board of Directors shall advertise for sealed bids with any licensed contractors, and then may negotiate with any contractor, who shall be required to usER 19 PAGE 214 , - buildings."In the'event that insurance proceeds are • insufficient to pay all the costs of repairing and/or rebuilding to the same condition as formerly, the Board of Directors shall levy a special assessment against all owners of the damaged residences in such proportions as the ; Board of Directors deem fair and equitable in the light df ' s the damage sustained by such residences to make up any r--, deficiency, except that, the special assessment shall be levied against all owners, as established by Article VI, Section 1. above, to make up any deficiency for repair or rebuilding of the • common area. In the event such insurance proceeds exceed the :: a cost of repair and reconstruction, such excess shall be paid over to'the respective mortgagees.and owners in such -pro- portions as. the Board of Directors deem fair and equitable in the light of the damage sustained by such residences. Such payments •. shall be made to all such owners and their mortgagees as their interests may apppear. -In the event of damage or destruction by fire or bther} casualty to any residence or other property covered by insurance written in the name of an individual owner, ' said owner shall, with concurrence of the mortgagee, if any, upon receipt of the insurance proceeds; contract to repair or rebuild such damaged or destroyed portions of the exterior' of the residence in a good workmanlike manner in conformance with the original plans and specifications of said residence i i 1 • residence area within thirty (30) days, the Association, by and through its Board of Directors, is hereby irrevocably authorized by such owner to repair and rebuild any such residence in a good and workmanlike manner in conformance with the original plans and specifications of the residences The owner shall then repay the Association in the amount actually expended for such repairs, and the Association shall have a lien securing the payment of same identical to that rovided above in this Section securing g the payment of in- . 'surance premiums; and subject to foreclosure as above provided. Notwithstanding the foregoing provisions of this Section 14, it is further provided that the requirement for the maintenance of insurance on a residence shall not apply to any residence acquired by the Veteran's Administration or Federal Housing Administration under a mortgage foreclosure during the period of ownership by either of said Veteran13 Administration or Federal Housing Administration. ARTICLE V ARCHITECTURAL CONTROL No building. fence, wall or other structure shall be commenced, erected or maintained upon the Properties, except by the l.)cclarant, nor shall any exterior addition to or change or alteration therein be made, except by the Declarant, until the plans and specifications showing nature, kind, shape, height, materials, and location of the same shall have been submitted to and approved in writing as to harmony r r Y • s ISEA 19 RLE 216 x structures and topography by the Board of Directors of the Association, or by an architectural committee composed of three (3) or more representatives appointed by the Board. In the event said Board, or its designated committee, fails to approve or disapprove such design and location within thirty (30) days after said plans and specifications have been submitted to it, approval will not be required and this Article will be deemed to have been fully complied with. . ARTICLE VI .. PARTY WALLS • Section 1. •General Rules of Law to Apply. Each wall which is built as a part of the original construction of the homes upon the Properties and placed on the dividing line between the lots shall constitute a party wall, and, to the extent not inconsistent with the provisions of this Article, the general rules of law regarding party walls and liability for property damage due to negligence or willful acts or. omissions shall apply thereto. Section 2. Sharing of Repair and Maintenance. The cost of reasonable repair and maintenance of a party wall shall be shared by the owners who make use of the wall in equal proportions to such use. Section 3. Destruction by Fire or Other casualty.. If a party wall is destroyed or damaged by fire or other casualty 4-hon. 4•r% 4-kn w..w1. A..w....... t.. ��.. �__ Oaners thereafter make use of the wall, they shall contributo to the cost of restoration thereof in equal proportions without prejudice, however, to the right of any such owners to call for a larger contribution from the .others under any rules of law regarding liability for negligent or willful acts or omissions. • Section 4. Weatherproofing. Notwithstanding any other provision of this Article, to the extent that such damage • is not covered and paid by the insurance provided for herein, an owner who by his negligent or willful act causes the party wall to be exposed to the elements shall bear the whole cost of furnishing the necessary protection against such elements. Section 5. Right to Contribution Runs with Land! The right of any Owner to contribution from any other Owner under this Article shall be appurtenant to the land and shall pass to such owner's successors in title. Section G. Arbitration. In the event of any dispute arising concerning -a party wall, or under the provisions of this Article, each party shall choose one arbitrator, and such arbitrators shall chooso,one additional arbitrator, and the decision shall be by a majority.of'all the arbitrators.. Should any party refuse to appoint an arbitrator within ten days after written request therefor, the Board of Directors of the A sociation shall select an arbitrator for the refusing • party. ., W LIBER 0 SAGE M Association shall provide exterior maintenance upon each Lot which is subject to assessment hereunder, as follows: paint, repair, replace and care for roofs, gutters, downspouts, patio fence. exterior building surfaces ( including garages ) trees, shrubs. grass, walks, and other exterior improvements. Such exterior maintenance shall not include -glass surfaces, screens and screen doors, exterior . door and window fixtures and other hardware and area inside of patios. In the event that the need for maintenance or repair is caused through the willful or negligent act of the owner, his family, or•guests, or invitees, and not covered or paid for by insurance on such lot, the cost of such maintenance or repairs shall be added to.and become a part of tho assessment to which such lot owner is subject. ARTICLE VIII USE RESTRICTIONS Section 1. Said property is hereby restricted to residential dwellings for residential. use. All buildings or structures erected upon said Property shall be of new construction and no buildings or structures shall be moved from other locations onto said Property and no subsequent buildings or structures other than single family residential units joined together by a common exterior roof and foundation, shall be constructed. No structures of a 'temporary character,. trailer, basement, tent, shack, garage, or barn or other outbuilding shall be used on any portion of said Property at any time as a may be levied for use of such common .area so designated. Section 2. Each Lot shall be conveyed as a separately designated and legally described freehold estate subject to the terms, conditions and provisions hereof. Section 3. Notwithstanding any provisions herein contained to the contrary, it shall be expressly permissible for Declarant or the Builder of said 'residcncesi to maintain during the period of construction and sale of said residences,, .upon such portion of the premises as Declarant deem necessarv, iuch facilities as in the sole opinion of Declarant -may bey reasonably required, convenient or incidental to the construction and sale of 'said residences , including, but without limitation, a business office, storage area, construction yards, signs, model units and sales office. Section 4. No animals, livestock, or poultry of any kind shall be raised, bred or kept on any of said Lots, except that dogs, cats, or other houtehold pets may be kept provided that they are not kept, bred, or maintained for any cornmercial purpose, and provided that no more than two pets in the aggregate may be kept in any such residence Section 5. No advertising signs (except one of not more than three square feet "for rent" or "for sale" sign per parcel), billboards, Unsightly objects`, br nuisances shall be erected, -placed or permitted to remain on said Property, • nor shall said Property be used in any way or for any purpose which may endanger the health or unreasonably disturb the S 116ER D WE 220 5 the foregoing covenants shall not apply to the business activities signs and billboards, or the construction and R; maintenance of buildings, if any, of Declarant, its agents• and assigns during the construction and sale period, and of Eastwood Commons Residents Association, Inc.. a non-profit corporation, incorporated or to be incorporated under the " r laws of the State of New York, its successors, and assigns, in furtherance of its powers and purposes as hereinafterTI •set forth.' :. ' ... ; �' . • Section 6.. All clotheslines, equipment, garbage cans, woodpiles, or • storase piles shall be confined to garage and patio area and concealed frorq.view of neighboring residences, common area and streets. All rubbish, task, or garbage shall be regularly removed from the premises, and shall not be allowed to accumulate thereon. Section 7. Except in the individual patio areas no planting or gardening shall be done, and no fences* hedges or walls. shall be erected or main-• tained upon said Property except such as are installed in accordance with the initial construction of the buildings located thereon or as approved by the Association's Board of Directors or theme designated representative. Except for the right of ingress and egress, the Owners.of Lots ar© hereby prohibited and xestricted.from using any of said j by all parties concerned that this paragraph is for the mutual benefit of all Owners of lots in Eastwood Commons and is necessary for the protection of said owners. Section 8. Maintenance, upkeep and repairs of any interior area of the Patio, screens and screen doors, exterior door and window fixtures, and other hardware shall be the sole responsibility of the individual owner of the -Lot appurtenant thereto and not in t any manner the responsibility of the Board of Directors. -Any cooperative action necessary or appropriate to the r proper maintenance and upkeep of the Common Area and all exteriors and roofs of the -residences., including but not limited to, recreation aid parking areas and walks, shall be taken by the Board of Directors or by its duly delegated ,representative. Section 9. All fixtures and equipment installed within a 'residence. commencing at a point where the utility lines, pipes, wires, conduits or systems enter th e.exterior walls of a residence, shall be maintained and kept in*repair by the Owner thereof. An Owner shall do no act nor any work that will impair the strucL•ural soundness or integrity of another residence or impair any easement or. hereditament;, nor do any act nor allow any condition to exist which will fi` E adversely affect the other residences , or their Owners, Section 10. Without prior written approval and the authorization of the Board of Directors, no exterior television nr rAMA of nnv enr1- el%nit 4.n .I-i^^A ,.tt.......1 ..v' INER D FACE 222 j upon the Property.' Section 11. No action shall at any time be taken d by the Association or its hoard of Directors which in any manner would discriminate against any owner or owners in f favor of the other Owners. ARTICLE IX EASEMENTS . • : Section 1. Each residence and the property included in the' CoTwon Area shall be subject to an easement for encroach- ments created by construction, settling and overhangs, as designed or constructed by the Declarant. A valid easement, for said encroachments and for the maintenance of same, so longas it stands shall and does exist. event , In the a en the structure containing two or more residences is ' partially or totally destroyed, and then rebuilt, the owners of the .residences so affected Agree that minor encroachments of parts of the adjacent residence units or Common Areas• due ' to construction shall be permitted and that a valid easement for said encroachment and the maintenance thereof shall exist. Section 2. There is hereby created a blanket easement upon, across. over E c' and under all of said Property for ingress. egress for construction, trucks, and other vehicles, and installation, replacing, repairing and maintaining all utilities• including• but not limited to watf-r- Q.aauna•a was •..1....1......... ....•1 It shall be expressly permissible for the providinC electrical and/or telephone company to erect and maintain the necessary equipment on said Property and to affi and maintain electrical and/or telephone wires, circuits and conduits on, above, acrose and under the roofs and exterior walls of said. residences An easement is further granted to all police, fire protection, ambulance and all similar persons to enter upon the'streets and Common Area -in the performance.of their duties. Further, an easement is hereby granted to the'Association, its officers, agents, employees, and to any management company selected by the' Association to enter in or to cross over the Common Area and to enter any residence to inspect and to perform tho duties of maintenance and repair of the residences or Common Area provided for herein to prevent damage to any other residence or the Common Area. Notwithstanding anything , to the contrary contained in this paragraph, no yewerw, electrical lines, water lines, or other utilities may be installed or relocated on said Property except as initially progranuned and approved by the Declarant or thereafter E approved by Declarant or the Association's Board of Directors. Should any utility furnishing a service covered by the general easement herein.provided request a specific . easement be separate recordable document, Declarant LIbEt �g FAEE 224' . Any of the foregoing easements may be granted or exercised by the Declarant with respect to a developed portion of the Property E to facilitate development of another portion of the property, as long as the Declarant owns Class B shares. In the event it shall become t necessary to excavate any area to install utilities or for similar purposes, the Declarant shall restore the area to its prior con- - € ` dition upon completion of the work. -� Section 3. Easements for underground utility service- may be 3 crossed by driveways and walkways provided the Declarant or Builder t makes prior arrangements with the utility company furnishing electric service. Such easements for the underground service shall be kept clear: of all other improvements, including buildings, .patios, or other pavings, other than crossing walkways *or driveways, and neither Declarant nor any utility company using the easements shall be liable for any damage • ' f done by either of them or" their assigns, their agents, employees, or servants to shrubbery, trees, flowers, or other improvements of the Owner located on the land covered by said easements. § """"'Section 4. Each res1i dential unit owner shall have an exclusive easement to use the patio area appurtenant to such unit. Section 5. Each residential unit owner shall have an casement to use the driveway appurtenant to his unit, along with the unit owners whose residential units share such common driveways. This easer4ent , • 1. r ARTXCLE X .GENERAL PROVISIONS Section 1. Enforcement. The Association, or any Owner, shall have the right to enforce, by any proceeding at law i or in equity, all restrictions, conditions, covenants, reserva- tions, liens and charges now or hereafter imposed by the • provisions*of this Declaration. Failure by the Association or.by any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do - so thereafter. Section 2. Severability. invalidation of any one of , these covenants or restrictions by judgment or court order shall in no wise affect any other provisions which shall s remain in full force and effect. Section'3. Amendment. The covenants and restrictions of this Declaration shall run with and bind the land, for a term of twenty (20) years from the.date this Declaration is recorded, after which time they shall be automatically extended for successive periods of ten (10) years. This • Declaration may be amended during the first twenty (20),, year period by an.instrument signed by not less than ninety percent (90%) of the Lot O;iners, and thereafter by an instrument signed by not less then seventy-five percent f 7Sn 1 of 1-hp T.nf- nwnPrn . Anv mmnnAmanf• mimi- hp me-nrAnd _ 1 , f tbEk 19 �kE 226 the assent of two-thirds (2/3) of the Class A members, if any,' at a meeting duly called for this purpose, written notice of which shall be sent to all Class A members not less than 30 days nor more than 60 days in advance of. the r..eeting setting forth the purpose of the meeting. The presence of members or of proxies entitled to case sixty percent (60%) of the votes of Class A members shall constitute a quorum. If the required.quorum is not: forthcoming at ' any meeting, another meeting may be called, subject to the hotico requirement set: forth above, and the required quorum at such subsequent meeting shall be one-half (1/2) of the required quorum of the preceding meeting. No such subsequent meting shall be held more than 60 days following the preceding r.,aeting. In the event that two-thirds of the Class A member- ship are not present in person or by proxy, Class A members not present may,give their written consent to the action taken thereat. N (b) Additional land within the area described in Deed Book �"h page ? C of the land records of C"'7" "._.�.. Mca_y b ! annexed by the Declarant without the consent of the members within Ir years of the date of this instrument provided that the FHA and the VA determine the annexation is in accord with the general plan heretofore approved by them. ..Y M .► I Section S. FiI VA' Approv;rl . As long as there is a Class B membership, the following actions will require the prior approval of the Federal .Housing Administration or the Veternas Administration: Annexation of additional properties, dedication* of Common.Area, and amendment of this Declaration of Covenants. Conditions and Restrictions. SUeil approval shall not be required if thero are no FHA or VA rsr.:a:es on any portion of the property, Section 6. Gender and_ Gramrnar. The singular wherever ' used herein shall be construed to mean the plural when applicable and -the necessary grammatical changes required to*make the provisions hereof apply either to corporations or, individuals, men or women, shall in'all cases be assumed as though in each case fully expressed. I` WITNESS WHEREOF, the undersigned, being the Declarant. herein, has hereunto set.its hand and seal this day of �� l g K EAST OD Cd,'MIS Development Company. B Y �� I Declarant t ,w LIBER -AcE 228 State of New York ) County of Tompkins) ss On this day of September, 1973, before me, the undersigned, personally appeared Norbert H. Schickel, Jr., to me known and known to me to be the same person described in and who executed the foregoing instrument who thereupon acknowledged to me that he executed the same as partner of Eastwood Commons Development Company. Notary Rblic II X GRtMML But* of WVW Yor► W"U__ ,die. ' i A irm a" of M. wighnsl Nwnled se 1h. l Q4+" d.y of Sept. . I CI.74 at' ! I ; 1$ edeA CLU., "d send"d. t