Hickory Point Property Owners Association

All contractors must comply with the attached Building Standards and Covenants included at the end of this form. It is also the Owners responsibility to see these rules are enforced. Any violations will be subject to violation fines if not corrected as requested.

Hickory Point HOA requires current copies of the following documents:

Proof of Insurance for Liability, Errors and Omissions in no less than one (1) million dollars. Cover page showing current coverage is sufficient.

Contractors Name: _______________________________________________

Company Name: _________________________________________________

Company Address: _______________________________________________

Company Phone: ________________________ Fax: ____________________

FEDERAL ID # _________________________________________________

I, as the Contractor hired to perform work and employee subcontractors that will be representing my company within the Hickory Point Property Owners Association for

Owner/Owners _____________________________________________________

Lot # ___________ acknowledge that I and all employed subcontractors must comply and follow any and all Rules/Building Standards and Covenants (attached) that are set forth.

I have read and received a copy of all Building Standards and Covenants from the Owners in which I have been employed.

Contractors Signature: ______________________________________________

Lot Owners Signature: ______________________________________________

BUILDING STANDARDS

· Stick built construction only (no mobile, modular or systems built homes).

· Block, brick, rock/stone foundation. Exposed concrete or block must have stucco applied on or before completion of home.

· Wood, log, rock/stone, stucco, brick and any combination is permitted. All Vinyl and aluminum siding is permitted, although a combination of vinyl and any of the above permitted materials may be permitted as long as the percentage of vinyl/aluminum does not exceed 50%.

· Any new materials that are approved by the Kentucky Homebuilders Association may be considered.

· Windows/doors must be of sound quality and workmanship and installed properly.

· No satellite dishes over 18 inches in diameter shall be permitted.

· No pre-fabricated, metal or plastic outbuilding will be permitted. Outbuildings must be constructed of similar materials to home.

· Detached garages are permitted, but must be constructed of the same exterior material as the home.

· Roof-pitch must be minimum of 6/12. This also applies to outbuildings and detached garages.

· Basic designs for external lighting, landscaping, parking, enclosure of external equipment and access must be submitted to ACC in rough drawing/writing, i.e., lattice around HVAC.

· Contractor must have proof of insurance; to include but not limited to transportation, workman’s compensation, errors and omissions and liability insurance of no less than one million dollars.

· Contractor must be licensed and bonded.

· Contractor may be required to provide references to ACC prior to plan approval.

· Contractor must provide one (1) portable toilet for each job site within the development. The contractor must present a maintenance agreement, which allows for weekly dumping/cleaning of portable toilet.

· Contractors must have a dumpster on site for each job site. Trash and excess/waste building materials shall be placed in dumpster at the end for each working day.

· The ACC reserves the right to levy fines of $100 per day against contractors who do not adequately clean building site or do not have a functioning portable toilet.

· Building materials cannot be placed within road rights of way or utility easements.

· Contractor must assume liability for all construction vehicles that enter Hickory Point en route to their job site, specifically overweight vehicles that damage road surface and negligence of operators. Concrete truck weight limit is 5 yards per truck.

· Contractor is responsible for actions of any/all subcontractors.

· Contractors/subcontractors are responsible for any cut, break or damage to underground utility caused by their negligence.

· Choose licensed, bonded contractors.

· Have permission of ACC before commencement of construction.

· Lot owner is responsible for agents, employees, contractors, subcontractors and assigns.

· Present blue line schematic drawings of home to ACC.

 

CONTRACTORS REQUIREMENTS PER THE

Dated: May 7, 2001

State Of Kentucky

County of Wayne

This declaration, made this the 7^th day of May, 2001, by WATERFRONT GROUP, INC. a Virginia Corporation, hereinafter called Declarant;

WITNESSETH:

THAT WHEREAS, the declarant is the owner of the real property described in Article I of this Declaration and is desirous of subjecting said real property to the protective covenants hereinafter set forth, each and all of which is and are for the benefit of such property and for each owner thereof, and shall apply to and bind the successors interest of any owner thereof.

The real property which is, and shall be, held, transferred, sold and conveyed subject to the protective covenants set forth in the various articles of this Declaration is located in Wayne County, Kentucky, and is more particularly described as follows:

ALL of Lots One (1) through Seventy-Five (75) of the subdivision named HICKORY POINT as more fully shown on that certain plat prepared by E. Thomas Conley, Kentucky Registered Land Surveyor No. 3372, dated March 14, 2001, and recorded in the Office of the Register of Deeds of Wayne County, Kentucky, in Cabinet B, at Slides 61, 62, and 63.

No property other than that described above shall be subject to this Declaration until specifically made subject thereto.

Improvements constructed for the maintenance of animals shall be kept in good repair and must conform generally in appearance with any dwelling upon a lot, although such improvements need not be constructed of materials identical to an existing dwelling. Each Lot owner shall maintain any such improvements placed upon any Lot, and no unsightly or dilapidated buildings or other structures shall be permitted on any Lot with the exception of any pre-existing structures.

No residence shall be erected, constructed, maintained or used or permitted to remain on any Lot other than one single-family dwelling of not less than 1,400 square feet for a one-story structure, or 1,800 square feet for a two-storied structure. Once construction is begun on said dwelling, all exterior construction must be completed within one (1) year of the commencement of construction.

No more than one outbuilding may be constructed on any Lot. Said outbuilding shall be only for the purposes of housing boats, cars, RVs, as well as lawn and garden equipment. Said building must be constructed in a workman-like manner and may not be constructed more than one year prior to construction of the main residence. This building must be enclosed on at least three sides and the top, and with some sort of door which would thus close in all four sides of the building.

There shall be no single-wide mobile homes/manufactured homes, no double-wide mobile homes/manufactured homes, no modular buildings or buses situated on any Lot as a residence or for storage, either temporarily or permanently.

After formation of the Homeowners Association, signs are limited to "For Sale" signs, three (3) feet by three (3) feet in size. Signs must be neat, clean and must be made of metal or wood material. Any exceptions of this covenant must be approved by a majority vote of the Board of Directors.

No Lot or Lots shall be subdivided in Hickory Point.

No structure, other than a fence, may be built within fifteen (15) feet of any property line. Easements for installation and maintenance of utilities and drainage facilities are reserved fifteen (15) feet in width over all side Lot lines and Lot lines along any road in said Subdivision. In addition, the property described in Article I hereof is subject to easements, set backs and road rights-of-way as shown on that certain plat recorded in the Wayne County Registry in Cabinet B, Slides 61, 62, and 63. Declarant hereby reserves unto itself, its successors and assigns, the right to erect and maintain any utility lines, electric lines or to grant any easements or rights-of-way therefore, together with the right of ingress and egress for the purpose of installing and maintaining the same.

With this Declaration there is hereby established an Architectural Control Committee (hereinafter "ACC"), which shall be appointed by the Declarant. When the association has been organized and a board of directors elected in accordance with Article XIV, Declarant, in its discretion, may relinquish control of the ACC to the Association.

No improvements shall be erected, placed, altered, maintained or permitted to remain on any Lot, nor shall any construction be commenced thereon until plans for such improvements have been approved by action of the ACC in accordance with the provisions herein; provided however, that improvements and alterations completely within the interior of a building may completed without approval. The term "Improvements" shall mean and include structures and construction of any kind, whether above or below the land surface, such as, but not limited to, buildings, outbuildings, water lines, sewers, electric and gas distribution facilities.

The ACC may prepare and maintain "Building Standards" which summarizes its construction standards to be used as the criterion for the approval of proposed improvements. The ACC, or the Declarant, shall have the power to modify, alter, supplement, or amend Building Standards at any time, but such change shall not be effective as to improvements which have previously been approved. The actions of the ACC through its approval or disapproval of plans, and other information submitted pursuant hereto, or with respect to any other matter before it, shall be conclusive and binding on all interested parties.

Neither the ACC, nor any member, employee or agent thereof, shall be liable to any owner of a Lot or to anyone submitting plans for approval, or to any other interested party by reason of mistake in judgment, negligence, or nonfeasance in connection with the approval, disapproval or failure to approve any such plans or for any other action in connection with its or their duties hereunder. Likewise, anyone who submits plans to the ACC for approval, agrees not to bring any action or suit to recover any damages against the Declarant, the ACC, or any partner, member, employee or agent of the Declarant or the ACC.

The property which lies between the lake side property line of Lots and Lake Cumberland is owned by the U.S. Army Corp. of Engineers, and said property is designated as an area to be undisturbed and shall be left and continued in such condition as complies with the pre-existing condition and neither the Association nor any owner, including owners of lake view lots, shall take any action contrary to such preserved status.

If the parties hereto, or any of them, or their heirs, successors, or assigns shall violate or attempt to violate any of the covenants herein, it shall be lawful for any other person or persons owning Lots described herein to prosecute any proceedings at law or in equity against the person or persons violating or attempting to violate such covenant, and either to prevent it, her, him or them from so doing to recover damages or other dues for such violation.

No commercial timbering will be permitted upon any Lot. Clearing for homesites will be permitted. However, no more than twenty-five (25%) percent of any Lot may be cleared without prior approval of the Declarant or the Hickory Point Property Owners Association Board of Directors.