Townhome Covenants

The text of the covenants document is provided below. It has been taken from a scanned original and amendments signed on May 25, 2004 and amended on April 5, 2012.

RESTRICTIVE COVENANTS
Thompson Creek Original Addition
Townhome Properties

The undersigned is the titleholder of record (“Titleholder”) of the following-described real estate:

Lots 1-36, Block 4; and Lots 1-16, Block 5; Thompson Creek Addition, Lincoln, Lancaster County, Nebraska, individually referred to as a “Townhome Lot” and collectively referred to as the “Townhome Properties”.

The titleholder of a Townhome Lot is referred to as a “Townhome Owner”.

EXISTING COVENANTS

Restrictive Covenants have been established for the Thompson Creek Development, which were recorded on May 27, 2004, as Instrument No. 2004-34792 for single family properties in the Thompson Creek Addition and are referred to as “Covenants.”

ADDITION OF PROPERTIES

Pursuant to paragraph 28 of the Covenants, the undersigned Titleholder and Owner under the Covenants is exercising its right to add additional real estate to the Properties. The Townhome Properties are hereby added to the Properties and are made subject to the Covenants as well as the Townhome Covenants which follow.

TOWNHOME COVENANTS

Thompson Creek Townhome Association (“Townhome Corporation”) shall be incorporated in Nebraska by Titleholder for the purposes of enforcing the Townhome Covenants established upon the Townhome Properties; providing services to the Townhome Owners and performing such enforcement services required by the Covenants to the Townhome Properties as may be delegated to it by the Corporation.

The following covenants shall be binding solely upon the Townhome Properties and are intended to provide for the unique characteristics of these type of dwellings.

PARTY WALLS. Each wall which is built as a part of the original construction of a dwelling within the Townhome Properties and placed on the dividing line between two adjoining lots shall constitute a party wall.
The cost of reasonable repair and maintenance of a party wall shall be shared by the titleholders of the Townhome Properties who make use of a party wall in proportion to such use.

If a party wall is destroyed or damaged by fire or other casualty, any titleholder of a lot who has used the wall may restore it. If any other titleholder subsequently makes use of the wall, they shall contribute to the cost of restoration in proportion to such use.

Notwithstanding any other provision of this paragraph, a titleholder who by their negligence or willful acts or omissions causes the party wall to be destroyed, damaged or otherwise exposed to the elements shall bear the whole cost of furnishing the necessary protection against the elements and the cost of restoration.

The right of any titleholder to contribution from any other titleholder under this paragraph shall be appurtenant to the land and shall pass to such titleholder’s successors in interest.

Should a dispute arise concerning a party wall under these Townhome Covenants the parties are encouraged to resolve their dispute pursuant to the Dispute Resolution Act, Neb. Rev. Stat. § 25-2901 to 25-2920 prior to filing a lawsuit. No legal action with respect to a party wall dispute shall be commenced or maintained unless and until the parties have utilized the Dispute Resolution Act
ENCROACHMENTS. When a building shall be constructed on any lot so as to encroach upon the adjoining lot within the Townhome Properties, the member who is the titleholder of the lot with the encroaching building shall have an easement upon the adjoining lot to the extent of the encroachment. Any expense of maintenance, repair or replacement of the encroaching building shall be borne by the member who is the titleholder of the lot with the encroaching building. The provisions of this paragraph shall not operate to relieve any member from any liability which the member may incur by reason of negligent or willful acts or omissions resulting in damage to the encroaching building.
COMMON UTILITY LINES. When any utility line shall be constructed on two or more adjoining lots with the Townhome Properties, each member who is the titleholder of one of the adjoining lots shall have an easement for the maintenance, repair and replacement of the utility line upon all of the adjoining lots, which easement shall be appurtenant to the interest requisite for membership. Any expense of maintenance, repair or replacement of the utility line shall be borne equally by the members who are the titleholders of such adjoining lots. The provisions of this paragraph shall not operate to relieve any member from any liability which such member may incur by reason of negligent or willful acts or omissions resulting in damage to the utility line.
TOWNHOME CORPORATION MEMBERSHIP AND RESPONSIBILITIES: The Townhome Corporation shall:
1. Membership. Every Townhome Owner shall be a member of the Townhome Corporation. However, any person or entity who holds such interest merely as security for the performance of an obligation shall not be a member. Each member of the Townhome Corporation shall be entitled to all the rights of membership and to one vote for each lot.
2. Grounds Maintenance. The Townhome Corporation shall (subject to Townhome Owner approval as provided for below) provide to the Townhome Properties grounds maintenance which may include mowing and maintenance of each member’s lawn, trees and shrubs; repair and placement of the lawn sprinkler system and snow removal from the public sidewalk, front stoop and driveway. In the event any improvements, such as fences, planters or similar obstructions or plantings, such as gardens, shrubs, plants or trees, increase the cost to the Townhome Corporation of performing ground maintenance service for any lot, the additional cost shall to be paid by the Townhome Owner, or the improvements or plantings shall be removed by the Townhome Owner, or the Townhome Corporation may discontinue this service without any reduction to the dues or assessments paid by the Owner. The cost for these grounds maintenance services shall be paid only by the Townhome Owners that receive these services.
3. Additional Townhome Corporate Authority. The Townhome Corporation may exercise all rights granted to the Corporation in, by or through the Covenants on the Townhome Properties as if the Townhome Corporation were the Corporation.
4. Delegation. The Corporation may elect to delegate the Townhome Corporation any of its duties under the Covenants as they relate to Townhome Properties
GENERAL STANDARDS FOR DWELLING STRUCTURES. The following general standards of development shall guide the Developer and Owner in the review of any plans for dwelling structures submitted for approval within the Townhome Properties. These standards shall not be relied upon, interpreted or applied as absolute requirements for plan approval. The Developer, with the consent of the Owner shall have the right, in its sole and absolute discretion, to modify the application and interpretation of these standards when exercising its plan approval authority within the Townhome Properties. The authority of Developer under this paragraph shall be assumed by the Townhome Corporation when units have been constructed upon seven (7) of the Townhome Lots. The Owner shall have the right to reduce, increase or otherwise explicitly modify these standards within other additions to the Properties.
1. Minimum Floor Area. The minimum floor area for any dwelling exclusive of basements, garages, porches, patios, decks or enclosed decks shall be as follows:
  1. Single story ranch style: 1,400 sq. ft.
  2. Two story: 1,700 sq. ft.
  3. One and one-half story: 1,600 sq. ft.
2. Setbacks. Setbacks of dwellings from the lot line are established as follows:
  1. Interior Lots: 15 feet from the front lot line; 5 feet side lot line.
  2. Corner Lots: Front setback line for corner lots to be determined by Owner.
  Owner shall have the right to vary the setbacks within the limits established by the Lincoln Zoning Ordinance
3. Exterior Finish
  1. Approval. The original exterior finish materials and colors shall be approved by the Developer.
  2. Front Elevation. The front elevation of any dwelling shall be faced with 90% brick or 90% stone with the brick family to be as specified by the Owner.
  3. Side and Rear Elevation. The side and rear elevations shall be faced with cement board siding, stucco or high quality vinyl of 50 ml or greater thickness.
  4. Exposed Foundation. Exposed foundation walls shall not exceed 10 inches and shall be painted or sided to match the exterior color scheme of the dwelling.
  5. Roofing Materials. Roofing materials shall be equal to or better than architectural-grade shingle which provides an appearance of depth, such as the Horizon shingle and the color pallet shall be as specified by the Owner.
4. Garages. Side entry garages are preferred and shall be set back a minimum of 15 feet from the front lot line. Front facing garages shall be set back from the front lot line a minimum of 20 feet.
5. Roof Pitches. All roof pitches facing a street shall be a minimum of 7:12 and 6:12 for any off street pitch or as may otherwise be dictated by a unique architectural style.
6. Solar Panels. No solar panels shall be allowed upon any dwelling within the Townhome Properties and shall not be located in any required yard or upon any accessory structure.
GENERAL STANDARDS FOR IMPROVEMENTS AND STRUCTURES OTHER THAN DWELLINGS. The following general standards shall be satisfied in the construction and installation of improvements and structures other than the dwelling. Written approval for other improvements and structures is not required but shall comply with these standards. The Townhome Corporation and Townhome Owners shall have the right to enforce these standards.
1. Fencing. Fencing walls or other structures shall not be constructed within the Townhome Properties.
2. Accessory Structures. Accessory structures such as storage sheds and playhouses shall not be constructed within the Townhome Properties nor shall any driveway be expanded to a width of more than 22 feet upon any Townhome Lot.
3. Mailbox. Standard development neighborhood MBU mailboxes are required as well as lighted address letters/plaques.
4. Public Sidewalk. The public sidewalk shall be of 4 feet stamped concrete using the Owner’s approved stamp for the Thompson Creek development.
5. Dog Kennels. Dog runs and kennels shall not be permitted within the Townhome Properties.
6. Satellite Dish. Any satellite dish shall be located and screened so as to be as unobtrusive as is reasonably possible.
7. Landscaping. All front, side and rear yard areas shall be seeded or sodded within six (6) months after completion of any dwelling constructed within the Townhome Properties.
TOWNHOME PROPERTIES MAINTENANCE. Each Townhome Owner shall be responsible for the proper upkeep, care, maintenance and exterior appearance of the improvements located upon their Townhome Lot for the purpose of maintaining a high quality and attractive development. Specific rules, regulations, requirements and specifications further implementing this provision may be adopted by not less than seven (7) of the Townhome Owners and with written notice shall be binding upon and enforceable by the Townhome Corporation and any Townhome Owner against all Townhome Properties. In the event any Townhome Owner fails or refuses to perform any required townhome maintenance, the Developer or Townhome Corporation after seven (7) days notice to the member in default, may perform the required work or maintenance. The actual cost of performing the work or maintenance together with a 10% administrative fee shall be the personal obligation of the member who is or was the Townhome Owner of the lot failing to perform their maintenance obligations, shall bear interest at the rate of 14% per annum and shall be a lien upon the lot assessed.
TOWNHOME PROPERTIES PETS. Domestic pets have the potential to create significant nuisance problems within the Townhome Properties. Each Townhome Owner shall be responsible for controlling all domestic pets and preventing them from becoming an annoyance, nuisance, or unreasonably disturbing the quiet of any other Townhome Owner. Specific rules, regulations, and requirements further implementing this provision (including the banning of individual animals, types of animals, or specific breeds) may be adopted by not less than seven (7) of Townhome Owners and with written notice shall be binding upon and enforceable by the Townhome Corporation and any Townhome Owner against all Townhome Properties.
TOWNHOME OWNER APPROVAL. The provision of grounds maintenance to the Townhome Properties provided for in paragraph 4 above shall be mandatory for all Townhome Properties.
TOWNHOME COVENANT AMENDMENTS. These Townhome Covenants shall run with the land and shall be binding upon and enforceable by the Owner and all persons claiming under the Owner. These Townhome Covenants may be terminated or modified, in writing, by two-thirds of the Townhome Owners, at any time.
ENFORCEMENT. The enforcement of these Townhome Covenants may be by proceedings at law or in equity against any person violating or attempting to violate any provision hereof. The proceedings may be to restrain the violation, or to recover damages and by the Corporation, may be to enforce any lien or obligation created hereby.
SEVERABILITY. The invalidation of any one of the Townhome Covenants shall not affect the validity of the remaining provisions hereof.

PURPOSE OF RESTATEMENT

The following Restated Restrictive Covenants are intended by the Owner to restate the existing Covenants which have been recorded against the Properties and make the Townhome Properties subject to the terms, conditions and requirements of the Covenants.

RESTATED RESTRICTIVE COVENANTS

See Original Addition Covenants.

AMENDMENT TO THE RESTRICTIVE COVENANTS
Thompson Creek Original Addition
Townhome Properties

The undersigned, representing the owners of at least two-thirds of the Lots included within the “Townhome Properties”, defined below, hereby agree to amend the Restrictive Covenants – Thompson Creek Original Addition Townhome Properties dated May 25, 2004 which are filed of record with the Lancaster County Register of Deeds as Instrument No. 2004035023 (“Townhome Covenants”), as follows:

Townhome Properties. The term “Townhome Properties” includes the following Lots that were originally identified in the Townhome Covenants, as well as those additional Lots identified in the Restrictive Covenants – Thompson Creek Original (Amended), Thompson Creek First Addition and Blanchard Boulevard dated October 5, 2005, which were filed of record with the Lancaster County Register of Deeds as Instrument No. 2005062182 (“2005 Covenants”):
Lots 3 through 14, Block 2, Lots 1 through 34, Block 4, and Lots 1 through 16, Block 5, Thompson Creek Addition; Lots 1 through 6, Block 1, Thompson Creek 7tlt Addition; and Lots 1 and 2, Block 1, Thompson Creek 8th Addition; all located in Lincoln, Lancaster County, Nebraska (“Townhome Properties”).
Additional Corporate Authority. The Townhome Properties are subject not only to the Townhome Covenants, but also the Restrictive Covenants established for the Thompson Creek Development, which were recorded with the Lancaster County Register of Deeds on May 27, 2004, as Instrument No. 2004034792, as amended by the 2005 Covenants (collectively the “Covenants”). The Thompson Creek Homeowners Association (“Corporation”) has been incorporated for the purpose of enforcing the Covenants against all of the Properties defined therein, including the Townhome Properties. The Townhome Covenants provided for the incorporation of the Thompson Creek Townhome Association (“Townhome Corporation”) for purposes of enforcing the Townhome Covenants established upon Townhome Properties. However, the Townhome Corporation has never been established or incorporated. The Corporation is hereby granted and may exercise any and all rights granted to the Townhome Corporation in, by or through the Townhome Covenants on the Townhome Properties as if the Corporation were the Townhome Corporation. These rights include, but are not limited to
enforcement of the Townhome Covenants upon the Townhome Properties and providing services to the Townhome Properties.
Minimum Floor Area. The minimum floor area set forth in Paragraph 5.a.1. for a single story ranch style shall be reduced from 1,400 to 1,200 square feet for Lots 9 through 14, Block 2, Thompson Creek Addition, and Lots 1 through 6, Block 1, Thompson Creek 7th Addition, Lincoln, Lancaster County, Nebraska.
Solar Panels. Paragraph 5.f. is hereby amended and restated as follows:
1. Solar Panels. Any active solar panels shall be flush with the roof or side wall of a dwelling and shall not be located in any required yard.
Fencing. Paragraph 6.a. is hereby amended and restated as follows:
1. Fencing. Fencing shall not be constructed closer to the street than the front elevation of the dwelling and shall be constructed with the finished side facing the lot line.
Controlling Terms. All other terms and conditions of the Townhome Covenants, except as amended herein, remain in full force and effect. In the event of a conflict between the terms of this Amendment and the terms of the Townhome Covenants, the terms of this Amendment shall control. Capitalized terms used herein and not defined herein have the same meaning as in the Townhome Covenants.

RESTRICTIVE COVENANTS Thompson Creek Original Addition Townhome Properties