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AMENDMENT Or AL'CLARATICti
Or COVENANTS AND RESTRICTIONS !
RELATING TO rASTWOOD COMMONS PsASE III SUNNyRILL SODDMSION i
TOWN Or ITRACA, TOMIPKINS COUNTY, NEW YORE
The undersigned hereby certify that they are, collectively,
the owners of not less than 90% of the lots contained in the
Eastwood Commons Phase III Sunnyhill Subdivision described in a
Declaration of Covenants and Restrictions dated October 6, 1988,
and recorded October 21, 1988 in the Tompkins County Clerk's Office
in Liber 32 of Miscellaneous Records at page 1099.
Therefore, in accordance with Article X, Section 3 of the
aforesaid Declaration, the undersigned hereby amend the Declaration
as follows:
1. Article II is amended to add Section 6 as follows:
"Section 6. Rental of Residential Units. No person or
entity own ng more than one res ent a unit may rent out
more than one residential unit and garage (if any) at a
time. This Amendment shall not apply to multiple
residential units acquired by owners prior to June 1,
1997."
2. Article IV, Section 14 is amended to read as follows:
"Section 14. Insurance Coverage and Insurance
Assessments. The Board of virectors, or its u y
authorized agent, shall have the authority to and shall
obtain a blanket policy of insurance for all the
buildings including all single family residential units
and garages, and for all common area improvements
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including without limitation the mailbox gazebo,
landscaping and driveway. The cost of such insurance
shall be treated as an expense of the Association and
included as part of the annual maintenance assessment.
The blanket policy will provide all risk insurance in the
broadest
coverage available on all the buildings and
structuren within the Properties, excluding the contents
thereof, insuring against loss or damage by fire or
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other hazards in the amount sufficient to cover the full
replacement cost of any repair or reconstruction work in
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the event of.damage or destruction from any hazard.
At some time in the future, the Board of Directors
-of the Association may decide, in its sole discretion, by
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a vote of seventy—five (75) percent of the Board of
Directors to require the individual owners to provide
homeowner's policies on their own lot and improvements
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thereon (in place of the blanket policy coverage
described for
above single family residential units and
garages) at their own expense, with the coverage and
details of the policy being to the complete satisfaction
of the Board of Directors insuring against loss or damage
by fire or other hazards in the amount sufficient to
cover the full replacement cost of any repair or
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116Et 62 /ACE 129
reconstruction work in the event of damage or destruction
from any hazard; if the Board of Directors so requires
the individual owner to provide his or her own
homeowners's policy and if the individual owner does not
provide such policy then the Board of Directors, or its
duly authorized agent, shall have the authority to and
shall obtain insurance on such owner's lot and
improvements thereon:
Whether blanket or individual policies, such
policies shall specifically, cover each unit owner's
garage. Such policies shall provide that insurance
proceeds paid on account of loss of, or damage to, the
real property shall be adjusted with the carrier(s).by
the Association and shall be payable solely to the home
owner's mortgagee, if any, and the Eastwood Commons
Sunnyhill Homeowners Association, Inc., as Insurance
Trustee for the homeowner(s). Such insurance proceeds
shall be applied to repair or restoration of the property
as hereinafter provided. All such insurance policies
shall provide that coverage may not be cancelled by the
carrier without first giving the Association. and unit
mortgagee, if any, ten (10) days written notice of
cancellation. All such policies shall contain, if
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obtainable, a waiver of the right of subrogation against
any unit owner, members of the unit'owners family, the
Eastwood Commons Sunnyhill Association, Inc. its
directors, officers, agents, and employees, as well as
waives of the "pro-rata" clause.
The Association shall also `obtain a broad form
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public liability policy covering all common areas and all
damage or injury caused by negligence of the Association
or any of its agents, directors, officers, or employees
in the amount of not less than one million dollars for
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each occurrence and such policies shall contain a waiver
of the right of subrogation against members of the
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Eastwood Commons Sunnyhill Homeowners Association, Inc.,
its directors, officers and employees.
Premiums for insurance obtained by the Board of
Directors on any individual residence and garage (other
than in the above blanket policy) shall not be part of
the common expense or annual maintenance assessment, but
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shall be an expense of the owner(s) of the specific
'
residence or residences so covered and a debt owed by
such owners and shall be paid within 'twenty (20) days
;
after notice of such debt and shall be collectible by any
procedure permitted by the laws of the State of New York.
In addition, if such debt is not paid within twenty (20)
days after notice .of such debt, such amount shall
automatically become a lien upon such owner's residence
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and shall continue to be such lien until fully paid..
This lien shall be subordinate to the lien of any first
mortgage and shall be enforceable in the same manner as
any lien created by failure to pay the maintenance
assessments.
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Any owner may, if he or she wishes, at his or her
own expense, carry any and all other insurance he or she
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eems advisable beyond that included in policies acquired
or required by the Association.
In the event of damage or destruction by fire or
other casualty to any property covered by insurance
payable to the Association as trustees for the homeowner
or under the blanket policy, the Board of Directors
shall, with the concurrence of mortgagees, if any, upon
receipt of 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 a least one-
third (1/3) of the -members -of the Board of. Directors, or
by an agent duly authorized by the Board of Directors of
the Association. The Board of Directors shall obtain
bids from at least two reputable contractors, and then
may negotiate with any such contractors who may be
required to provide a full performance and payment bond
for the repair or reconstruction or rebuilding of such
building or buildings. With respect to any deductible
owing or in the event that insurance proceeds are
insufficient to pay all costs of repairing and/or
rebuilding to as good condition as formerly, the Board of
Directors shall levy a special assessment, as provided in
Article IV, Section 1, against all owners of the damaged
residences (including garages) in such proportions as the
Board of Directors deem fair and equitable in the light
of the damage sustained by such residences to pay the
deductible or to make up any deficiency. To pay any
deductible or to make up any deficiency for repair or
rebuilding of any improvements in the common area, the
special assessment shall be levied against all owners,
in equal proportions or in proportion to the rate of
payment of annual maintenance and special assessments
whichever method of payment is determined to be fairer
under the circumstances by the Board of Directors of the
Association. In the event such insurance proceeds exceed
the cost of repair and reconstruction, such excess shall
be paid over to the respective mortgagees and owners in
such proportions as the Board of Directors deem fair and
equitable in light of the damage sustained by such
residences. Such payments shall be made to all such
owners and their mortgagees as their interests may
appear.
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 Veteran's Administration or Federal
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Housing Administratdn:'
3. Article X, Section 3 is amended to read as follows:
"Section 3. Amendment. The covenants and restrictions
o ti t ii D 7arat_ion shall run with and bind the land, for
a term of twenty (20) years from the original recording
t date of this Declaration, 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 the
owners of not less than ninety percent (901) of the Lots,
and thereinafter by instrument signed by the owners of
not less than seventy-five percent (75%) of the Lots.
( Any,amendment must be recorded. Any amendment to this
Declaration at a time when thirty percent (301) or more
of the Lots are owned by the same owner, and any
amendment at any time to Article X, Section 3, shall be
approved by the Town Board of the.Town of Ithaca before
becoming effective and before being recorded."
These amendments shall be effective as of the lst day of
June, 1997.
' Unit Name Signature Witness
30A Daryl Bem
308 Russell Davies
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30B Patricia Davies
30C T. J. Paolangeli
30D Richard Rideout
36D Nancy Rideout
30E 'Thomas OrmondC-'C—
30E Robyn Ormond
30F Kathleen Rasmussen
31A Helen Steh
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62 act 132
Unit Name
Signature
Witness
31B
Mark Kegelman
31C
Linda Van Ness
31D
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r�crR Una 133
The Town Board of the Town of Ithaca approved the foregoing
amendments by resolution of the Town Board duly adopted at a
meeting held June 9, 1997.
Dated: Svcx TOWN OF ITHACA
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Cat ine Valentino, own upery sor
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STATE OF NEW YORK )
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COUNTY OF TOMPKINS )
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On this th day of 1997, before me, came
CATHERINE VALE���• 9MO,
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to me personally nown who, being by me duly
sworn, did depose and say that she resides at 110 Eastern Heights
Drive, Ithaca, New York, and that she is -the Supervisor of the Town
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of Ithaca, who executed the within instrument, and she acknowledged
to me that. she executed the same, and that such execution was on
behalf of the Town of Ithaca and that the Town Board,of such Town.
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duly authorized such execution.
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MIA ?AEA 134
ACKNOWLEDGEI�iT
STATE OF NEW YORK )
SS:
COUNTY OF TONPKINS )
.►I- On this ,15? day of U 199?1, before me came
l�+n'.�ri M _rlieu.ct�' personally known to me and to me
known to be the subscribing witness within named, who bx me sworn,
did depose and say: that she resides at 31B Su.nr,,#jJ/ L ^'
Ithaca, New York: that she knows the person who a signature she
witnessed as reflected in the above instrument; said person being
the individual described in and who executed the foregoing
instrument: that she as subscribing witness was present and saw
said individual execute the same; that she, the said witness,
thereupon subscribed her name as a witness thereto.
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Swor to befor me this
day of 199.7
Notary Publi
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RA 62 tur 135
STATE OF NEW YORK )
SS:
COUNTY OF TOMPKINS )
On this day of G✓!mb 199 ?, before me came JAMES
E. GARDNER, JR., personally known to me and to me known to be the
subscribing witness within named, who by me sworn, did depose and
say: that he resides at 1149 East Shore Drive, Ithaca, New York;
that he knows the various persons whose signatures he witnessed as
reflected in 'the above instrument; said persons being the
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individuals described in and who executed the foregoing instrument;
that he as subscribing witness was present and saw each of said
individuals execute the same; that he, the said witness, thereupon
subscribed his name as a witness thereto.
JAMES . GARDNER, JR.
Swo to before me this
G — day of ,tler`k- ge- , 199,Z
bALLY A. HOYT
Notary Public, state of New YoA
No. 4776543
f/ Qw1itled in Tompkins Counly. .
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Nota Public Tenn E,7',•s Jub 3L
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