Update for Covenant #1. The 730 days to build a house or two family townhouse after the lot has been purchased has been amended to specific lots. Lot 29 thru Lot 37 are still under the 730 day rule. Lot 1 thru Lot 8 for building two family townhomes now have five years to build after the lot is purchased. Lot 9 thru Lot 28 and Lot 38 thru Lot 55 have no time restrictions after the lot is purchased.

The following Restrictive Covenants shall apply to all lots owned and sold within the Davis Lake Shore LLC Subdivision, including Phase 1, Phase 2, and Phase 3 thereof (herein individually and collectively referred to as “Davis Lake Shore LLC”). All owners of property and/or lots within Davis Lake Shore LLC and all structures built upon any property or lot sold within Davis Lake Shore LLC and/or the final boundaries of the Davis Lake Shore LLC are required to and shall meet all of the following restrictive covenants. The terms “City” or “City Council” as used herein shall mean the City of Taylorville, Illinois, a municipal corporation. The term “Association” shall mean the Davis Lake Shore Home Owners Association a not for profit corporation to be found by Davis Lake Shore LLC.

1. Regarding lots 1, 2, 3, 4, 5, 6, 7, or 8, each purchaser or owner of any such lot must obtain a City building permit, complete construction of a two family residential dwelling suitable for human residential occupancy on such lot and obtain a City occupancy permit within seven hundred thirty (730) consecutive calendar days immediately following the date such purchaser or owner acquires an interest in such lot by deed or other instrument of conveyance, or by a contract or agreement to purchase such lot. Regarding any and all other lots, each purchaser or owner of any such lot must obtain a City building permit, complete construction of a single family residential dwelling suitable for human residential occupancy on such lot and obtain a City occupancy permit within seven hundred thirty (730) consecutive calendar days immediately following the date such purchaser or owner acquires an interest in such lot by deed or other instrument of conveyance, or by a contract or agreement to purchase such lot unless the Architectural Control Committee and the City Council, in its sole discretion, both from time to time determine to allow the construction of a single family residential dwelling for human occupancy on a portion of each of two adjoining lots. Where a building site consists of more than one lot (if permitted in the manner aforesaid), the provisions herein shall be applicable to the boundary lines of such building site lots rather than the platted lot lines. The forgoing provisions shall not apply to any lot owned by Davis Lake Shore Development LLC until and unless Davis Lake Shore Development LLC obtains a City building permit to construct a residential dwelling structure on any such lot; provided, however, Davis Lake Shore Development LLC shall have no obligation to construct any residential dwelling structure on any lot until Davis Lake Shore Development LLC secures a City building permit.

No person, firm, corporation or other entity shall violate these Restrictive Covenants and no City building permit shall be issued for construction until the owner(s) of such lot submits building plans that show compliance with the terms of these Restrictive Covenants. You will be issued in writing an approval letter from the Architectural Control Committee that you will need when applying for your building permit. This letter does not guarantee that your City building permit or City occupancy permit will be issued.

2. Only two-family residential dwellings may be constructed and located on lots 1, 2, 3, 4, 5, 6, 7, and 8 located in Phase 1 of Davis Lake Shore LLC. Otherwise, only single family residential dwellings may be constructed or located within the lots in Phase 1, Phase 2, and Phase 3 of Davis Lake Shore LLC. The construction or location of any modular homes or manufactured homes or mobile homes or condominium units or duplex homes or multi-family residential dwellings is hereby expressly prohibited (except for two-family residential dwellings as permitted herein on the aforesaid lots 1, 2, 3, 4, 5, 6, 7, and 8. Purchaser may need a different zoning other than R1 to build a two family home.

3. No two-family residential dwelling shall be constructed or located on said lots 1, 2, 3, 4, 5, 6, 7, and 8 unless the total square foot living area under air on the ground floor area of the main structure, exclusive of porches, patios, decks, basements, garages, and detached accessory structures, is 3,400 square feet or more or a combination thereof; i.e. 1,300/1,700 square feet or more per individual dwelling.

4. No one story residential dwelling, basement excluded, shall be constructed or located unless the total square foot living area under air on the ground floor area of the main structure, exclusive of porches, patios, decks, basements, garages, and detached accessory structures, is two thousand (2,000) square feet or more. No residential dwelling of more than one story, basement excluded, shall be constructed or located unless the total square foot living area under air of the main structure, exclusive of porches, patios, decks, basements, garages, and detached accessory structures, is a total of two thousand five hundred (2,500) square feet or more.

5. Each owner of each lot shall install, construct, and properly maintain, at their sole respective costs and expense, temporary and permanent erosion control, sedimentation, and runoff systems as may be required by the City prior to, during, and following the construction of each such owner’s or owners’ respective residential dwelling structures within Davis Lake Shore LLC.

In addition, each owner of each lot, that does not abut Common Area 100 or Common Area 101 (hereinafter referred to) but has a shoreline adjacent to the City’s Lake Taylorville shall properly maintain at their sole respective costs and expense the seawall along the entire shoreline of each such lot.

In addition, each owner of each lot that abuts said Common Area 100 or Common Area 101 and has shoreline adjacent to the City’s Lake Taylorville shall properly maintain at their sole respective costs and expense the seawall along the entire shoreline of each such lot.

In addition, each owner of each lot installing retaining walls shall use decorative concrete or the commonly know eighty (80) pound block system, and thereafter properly maintain in such a manner as to provide adequate protection from soil erosion and /or soil diversion and/or sedimentation runoff on or from said abutting lot.

All of the foregoing shall be maintained in order to protect the City’s Lake Taylorville shorelines adjacent to Davis Lake Shore LLC and/or to control soil erosion and/or soil diversion and/or runoff and/or sediment damage to or within: i) Davis Lake Shore LLC; ii) Lake Taylorville; iii) the City’s existing public sanitary sewer lift station adjacent to Davis Lake Shore LLC; iv) the properties adjacent to Davis Lake Shore LLC.

Such shoreline protection and/or erosion control and/or soil diversion and/or runoff and/or sedimentation systems shall be installed, constructed, and maintained in accordance with such plans and specifications as directed by the City Council at the time of the City’s approval of each Final Subdivision Plat for each of three development phases of Davis Lake Shore LLC and such plans and specifications shall be, as a minimum, in accordance with the foregoing minimum requirements and with the Illinois Department of Transportation Standard Specifications for Road and Bridge Construction, adopted January 1, 2002 (herein “Specifications”) and with all Illinois Environmental Protection Agency statutes, rules and regulations and with the Natural Resources Conservation Service (NRCS) Illinois Urban Manual on Soil Erosion, now existing or hereafter enacted (all of which is incorporated herein by reference), whichever of the foregoing is more restrictive on shoreline protection and/or soil erosion and/or soil diversion and/or sedimentation runoff.

6. Each residential dwelling must have a minimum of a two car attached garage or a maximum of a four car attached garage. Any changes to this requirement must be approved by the Architectural Control Committee.

7. On lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16 and 17 boat dock locations will be assigned to each lot owner and maintained by the same. Lots 1, 2, 3, 4, 5, 6, 7, and 8 may require additional boat docks. All boat docks and dock locations within Davis Lake Shore LLC must be approved by the Architectural Control Committee. Temporary boat docks are permitted prior to home construction, but must be converted to a permanent pre-approved dock within six (6) months of completion of owner’s home.

8. All utilities, including telephone, electric service lines and television cables other than for temporary service during construction shall be underground. Service from existing utility poles must be installed underground.

9. No building, including detached structures temporary or permanent, shall be erected, driveway constructed, swimming pool installed, or any of the same altered or relocated until the construction plans, front elevation specifications and plot plan showing the location of such improvements or structure on the lot have been approved by the Architectural Control Committee as to quality of workmanship and materials, harmony and color of external design with existing structures and as to the location with respect to topography and finished grade elevation. In an attempt to obtain harmonious exterior appearance, color schemes shall be reviewed and approved by the Architectural Control Committee. Grade lines shall be in conformity with the adjacent lots, with any retaining walls agreed to by both property owners and approved by the Architectural Control Committee. No above ground swimming pools, satellite dishes more than 24 inches, or television antenna towers may be installed. Television antennas can be located within the dwelling. Certain types of solar panels may be incorporated into some roofs as approved by the Architectural Control Committee. No fence or wall shall be erected, placed or altered without the prior written approval of the Architectural Control Committee. A majority of the Committee may designate a representative to act for and on behalf of the Committee in all matters. If a member is or later becomes unable or unwilling to serve, those remaining shall have full authority to designate successors. Neither the members of the Committee nor its designated representative shall be entitled to any compensation for services performed pursuant to this covenant. In the event said Committee, or its designated representative, fails to approve or disapprove, in writing, any request required to be submitted to the committee, within thirty (30) days after the plans and specifications or plot plans or other requests have been submitted to it, or in any event if no suit to enjoin the erection of such building or the making of such alterations has been commenced within thirty (30) days after construction is commenced or prior to the completion thereof (whichever period is longer), such approval shall not be required and this covenant shall be deemed to have been complied with, but this sentence shall not be construed to apply to any violation of the requirements of these Restrictive Covenants. All submissions under this paragraph shall be in writing and submitted to Martin L. Davis, P.O. Box 177, Taylorville, IL 62568, or to such other place as he may designate from time to time.

10. No building shall be occupied for living purposes which is not functionally complete in detail as to the exterior, nor shall any building materials, paint or building equipment be exposed to the public view if occupied as a dwelling. No structure of a temporary character, trailer, basement, tent, shack, garage, barn or other outbuildings shall be used on any building site any time as a residence either temporarily or permanently.

11. No lot owner or occupant shall permit any commercial vehicle, trailer including without limitation, cargo trailer, camper, house trailers, boat, boat trailer, other watercraft, mobile homes, or carryalls to be parked or stored on the lot, in the driveway, or in the street in front or along side of the lot for more than forty-eight hours. Semi tractor trailers are not permitted other than to make deliveries. This shall not prevent the lot owner or the occupant from storing a commercial vehicle (not more than 1 ton in size) owned by such owner or occupant or used by him in his/her business in their attached garage on the premises. Any personal restoration of vehicles must be done inside of the owners’ attached garage with noise levels not to exceed normal levels.

12. No machinery, appliance or structure of any kind shall be permitted upon, maintained or operated in or on the premises of any lot for the facilitation and carrying on of any trade, business or industry.

13. The owner of any lot shall cut all plants and maintain the same in a proper condition, not to exceed eight (8) inches in height with the exception of trees, bushes, and some approved tall grasses used in landscaping as long as they do not completely block any property owners view of the lake.

14. Easements for installation and maintenance of public utilities including, but not limited to, water lines, sanitary and storm sewers and drainage facilities and for any and all other public utilities of any kind, nature, or extent whatsoever are reserved as shown on the recorded plat. Within these easements, no structures shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of such utilities, or easements. The easement area of each lot and all improvements in it shall be maintained continuously by the owner(s) of the lot, except for those improvements for which a public authority or utility by virtue of the plat of said subdivision has assumed that responsibility. An easement is hereby reserved for telephone, cable, gas, and electric lines and all other public utilities of any kind, nature, or extent whatsoever to extend underground which shall be located within the utility easement.

15. The topography and finished grade elevation of each home site must be consistent with the grade line and elevation of the other home sites in the subdivision. Final determination as to the first floor elevation shall be made by the Architectural Control Committee.

16. No noxious or offensive activity will be allowed upon any lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood.

17. No sign of any kind shall be displayed to the public view on any lot except one professional sign of not more than one square foot, one sign of not more than five square feet advertising the property for sale, or signs used by a builder to advertise the property during the construction and sales period.

18. No spirituous, vinous or malt liquors shall be sold or kept for sale on any lot.

19. No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot, except that dogs, cats or other household pets may be kept provided that they are not bred, kept or maintained for any commercial purposes. None of the above mentioned pets shall be kept on any lot until such lot is improved with an inhabitable dwelling.

20. No lot shall be used or maintained as a dumping ground for rubbish, and all trash, garbage or other waste shall be kept in sanitary containers. All incinerators (no burn barrels allowed) or other equipment for the storage or disposal of such materials shall be kept in a clean and sanitary condition.

21. No lot owner shall cut or remove any living tree having a diameter of four (4) inches or more measured at a point twelve (12) inches above the ground, without the approval of the Architectural Control Committee.

22. No drilling, oil development operations, oil refining, quarrying or mining operations of any kind shall be permitted in any lot, nor shall oil wells, tanks, tunnels, mineral excavations, water wells or shafts be permitted upon or in any lot. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted on any lot.

23. No one shall alter the 100-year flood plain elevation in such a way that is detrimental to Lake Taylorville.

24. During any construction or alteration required to be approved by the Architectural Control Committee, any member of the Architectural Control Committee, or any agent of such Committee, shall have the right to enter upon and inspect, during reasonable hours, any building site embraced within said subdivision and the improvements thereon, for the purpose of ascertaining whether or not the provisions herein set forth have been and are being fully complied with and shall not be deemed guilty of trespass by reason thereof.

25. Except as otherwise provided in the Amended Contract between the City and the Developer (such Amended Contract being incorporated herein by reference), neither the said Committee nor any member thereof, nor the present owner of said real estate, shall be in any way responsible or liable for any loss or damage, for any error or defect which may or may not be shown on any plans and specifications or on any plat or grading plan, or planting or other plan submitted to the Committee, or any building or structure or work done in accordance with any other matter, whether or not the same has been approved by the said Committee or any member thereof, or the present owner of said real estate.

26. Mailboxes and posts shall be uniform and supplied by the developer free of charge. If replacement is needed, the homeowner shall purchase a mailbox of the same style. No plantings which grow to more than eight (8) inches in height shall be planted near or around mailbox posts.

27. All residential structures shall be constructed of material of good quality customarily used in the industry; provided, however, the use of vinyl, steel or aluminum siding shall be extremely limited and subject to prior approval of the Architectural Control Committee. No previously constructed structures shall be placed on or moved to said premises. Exterior colors shall be reviewed by the Architectural Control Committee. Any fences shall be presented and approved by the Architectural Control Committee. Accessory buildings shall not be erected, constructed or maintained prior to erection or construction of the dwelling except for boat docks which may be constructed prior to obtaining a home building permit. Any detached building may not exceed 200 square feet and with only a small entrance door for riding mowers, etc. and not to be used for auto/boat storage. The provisions herein shall not apply to temporary buildings and structures erected by builders in connection with the construction of any dwelling or accessory building and which are promptly removed upon completion of such dwelling.

28. During the course of construction all materials and equipment shall be stored only on the lot on which construction is underway and shall be removed from the premises or be suitably covered. Lightweight debris shall be stored in containers to avoid blowing upon adjacent lots. No burning of debris shall take place upon the premises. Construction start and finish times will be 7:00am to 7:00pm unless approved by the surrounding lot owners or developer. Any and all contractors and subcontractors will be responsible for their clean up of the street/roadway during construction. Concrete truck washout must be done on said lot delivered to or a designated location by the developer. The intent of this covenant is to maintain and preserve a clean and neat appearance in the subdivision at all times and to respect all property owners’ rights.

29. Except as otherwise provided in the Amended Contract between the City and
the Developer (such Amended Contract being incorporated herein by reference), no person, firm, or corporation shall strip, excavate or otherwise remove soil and all excavated soil must stay within the subdivision and any excavated surplus soil will be used by the developer if needed.

30. The failure of the Architectural Control Committee, any building site owner, or the present owner of said subdivision or the City to enforce any of the restrictions, conditions, covenants, reservations, liens, or charges to which said property, or any part thereof, is subject, shall in no event be deemed a waiver of the right to do so thereafter or to enforce any other restriction, condition, covenant, reservation, lien, or charge.

31. All driveways must be concrete, asphalt or of materials at least equal to the quality of the materials of the surface of the street in front of the property. All driveways must be installed within six (6) months of final construction.

32. It is intended by the Developer that Davis Lake Shore LLC will be developed in three phases subject to the terms and provisions of a certain Amended Contact entered into by and between the Developer and the City, which Amended Contract is incorporated herein by reference.

Phase 1 development shall include Lots 1, 2, 3, 4, 5, 6, 7, 8, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50 and Common Area 100.

Phase 2 development shall include Lots 26, 27, 28, 29, 30, 31, 32. 33 and 34.

Phase 3 development shall include Lots 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 51, 52, 53, 54, 55 and Common Area 101.

33. Subject to the aforesaid discretionary rights of the City as set forth in these Restrictive Covenants, the Architectural Control Committee exists for the purpose of performing the duties of enforcing the aforementioned restrictive covenants.

34. The Architectural Control Committee will consist of the following members: Martin L. Davis and Donna Davis. A majority of the committee may designate a representative to act for it in matters properly coming before it for consideration. In the case of death or resignation of any member of the committee, the remaining members shall have the full authority to designate a successor. Neither the members of the committee, nor its designated representative, shall be entitled to any compensation for the services performed pursuant to these covenants. At any time, the then record owners of a majority of the lots within Davis Lake Shore LLC shall have the power through a duly recorded written instrument to change the membership of said committee or to withdraw from the committee, or restore to it, any of its powers and duties.

35. The Architectural Control Committee’s approval or disapproval as required in these covenants shall be in writing; provided however, such approval shall not affect the aforesaid rights of the City as set forth in these Restrictive Covenants.

36. These Restrictive Covenants are to run with the land and shall be binding upon all parties and all persons claiming under them for a period of twenty-five (25) years from the date these covenants are recorded, after which time said covenants shall be automatically extended for periods of ten (10) years, unless an instrument signed by the majority of the then owners of lots has been recorded agreeing to change said covenants in whole or in part; provided, however, no changes in paragraphs numbered 1, 2, 3, 4, 5, 14, 22, 23, 25, 29, 30, 32, 33, 35, 36, and 37 as set forth in these Restrictive Covenants shall be made or be valid without the written consent, determined by majority vote, of the City Council of the City of Taylorville.

37. No owner(s) of any lot shall be entitled to any variance, change, or amendment to any one or more of the recorded Final Subdivision Plat(s) of Davis Lake Shore LLC nor shall such owner(s) be entitled to resubdivide any lot therein unless and until such owner(s) first obtains the affirmative vote of at least three-fourth’s (3/4) of City Council (including the Aldermen and the Mayor).

In addition to complying with the provisions of these Restrictive Covenants, property owners within Davis Lake Shore LLC shall also comply with all applicable laws of the State of Illinois and all applicable ordinances and code provisions of the City and of the County of Christian, Illinois, all as now or hereafter enacted or adopted.

Notwithstanding anything to the contrary herein and/or in the City’s Taylorville City Code, these Restrictive Covenants shall govern to the extent applicable and are also enforceable as contract terms. Consequently, the City may enforce, but is not obligated to enforce, by any and all available legal and/or equitable remedies (including but not limited to, the right to compel specific performance and/or the right to injunctive relief and/or the right to recover monetary damages), these Restrictive Covenants against any one or more or all of the owners of lots from time to time; and such defaulting owner(s) shall pay the City’s reasonable attorney fees and costs incurred by the City incident to any and all such enforcement effort(s) or action(s).

Subject to the aforesaid rights of the City, enforcement of these Restrictive Covenants shall be by proceedings at law or in equity against any person or persons or entity(ies) violating, or attempting to violate any covenant, either to restrain violation or to recover damages.

Invalidation of any of these Restrictive Covenants by judgment or court order shall in no way affect any other provisions, which shall remain in full force and effect.