ARTICLE X
GENERAL PROVISIONS
These general provisions shall apply to the foregoing Indenture:
1. Enforcement. Enforcement of any of these covenants shall be by proceedings at law or in equity against any person or persons violating or attempting to violate any such covenants and may be brought to restrain any such violation and/or to recover damages therefor together with reasonable attorney's fees and court costs.
2. Actions by Trustees. The Trustees are authorized to act through a representative, provided, however, that all acts of the Trustees shall be agreed upon by at least a majority of said Trustees. No Trustee shall be held personally responsible for his wrongful acts, and no Trustees shall be held responsible for the wrongful acts of others. No Trustee shall be held personally liable for injury or damage to persons or property by reason of any act or failure to act of the Trustees, collectively or individually. The Trustees from time to time serving hereunder, except Trustees appointed pursuant to Article IV, Section 4 hereof, shall not be entitled to any compensation or fee for services performed pursuant to this Indenture.
3. Adjoining Tracts. The Trustees named hereunder shall be the Trustees of the Property and are authorized and empowered to cooperate and contract with Trustees of adjoining or nearby tracts in the development and maintenance of facilities inuring to the benefit and general welfare of the inhabitants of the entire area.
4. Amendments. The provisions hereof may be amended, modified or changed from time to time by First Party by recording an instrument of amendment in the Office of the Recorder of Deeds for St. Louis County, Missouri; provided that any amendment, modification or change so adopted prior to completion of the development shall be reviewed and approved by the, Director of Planning of the County of St. Louis, Missouri. Thereafter, the provisions hereof may be amended, modified or changed by the written consent of two-thirds (2/3rds) of all the Owners, with any such amendment, modification or change being recorded in the Office of the Recorder of Deeds for St. Louis County, Missouri. No amendment, modification or change shall reduce or modify the obligations or rights granted to or imposed upon the Trustees or eliminate the requirement that there be Trustees unless some person or entity is substituted for the Trustees with their responsibilities and duties in a manner approved by the Director of Planning of the County of St. Louis.
5. Severability, Etc. All covenants and agreements herein are expressly declared to be independent and not interdependent. No laches, waiver, estoppel, condemnation or failure of title as to any part of the Property or any Lot in the Property shall be of any effect to modify, invalidate or annul any grant, covenant or agreement herein with respect to the remainder of the Property, saving always the right to amendment, modification or repeal as hereinabove expressly provided.
6. Invalidation. Invalidation of anyone of the covenants of this Indenture shall in no way affect any other provision hereof.
7. Assignment of First Party. The rights, powers and obligations granted to First Party may be assigned or transferred by First Party, in whole or in part, to any other person or entity or persons or entities to whom First Party sells, transfers or assigns all or any of the Lots in the Property.
8. Use of Common Areas by Non-Residents. The common areas, including open spaces, recreational areas, or other Common Property, shall be for the benefit, use end enjoyment of the Owners and residents, present and future, of the entire Planned Environment Unit. The Common Property may also be used by residents outside the Planned Environment Unit, subject to the following terms and limitations:
(i) No resident of the Planned Environment Unit shall be denied the use of the open spaces, recreational facilities, or other Common Property for any reason related to the extension of such privilege to non-residents of the Planned Environment Unit;
(ii) All rules and regulations promulgated pursuant to this Indenture with respect to residents of the Planned Environment Unit shall be applied equally to the residents;
(iii) All rules and regulations promulgated pursuant to this Indenture with respect to non-residents of the Planned Environment Unit shall be applied equally to the nonresidents; and
(iv) At any time after the recording of this Indenture, a majority of the residents of the Planned Environment Unit, by election duly called, may elect to allow or disallow usage of the open space, recreational facilities or other Common Property by non-residents of the Planned Environment Unit.
9. Term. Except where permanent easements or other permanent rights or interests are herein created, the covenants and restrictions of this Indenture shall run with and bind the Property for a term which is the longer of: (i) thirty (30) years from the date of recordation of this Indenture, after which said covenants and restrictions shall be automatically extended for successive periods of ten (10) years each, unless an instrument signed by the then owners of two-thirds (2/3) of the Lots subject hereto has been recorded agreeing to terminate this Indenture as of the end of any such ten (10) year period, but in no event prior to the vacation of all plats of the Property constituting a portion of the Planned Environment Unit by the County of St. Louis, Missouri, or its successors; or (ii) as to any subdivision of the Property, for the duration of the subdivision encumbered hereby unless continued in effect by the vote of two-thirds (2/3) of the Lots in such subdivision by an appropriate instrument filed of record prior to the vacation of the plats of such subdivision as aforesaid. No such agreement of termination shall be effective unless made and recorded one (1) year in advance of the effective date of such termination, and unless written notice of the proposed agreement of termination is sent to every Owner at least ninety (90) days in advance of any action taken.
IN WITNESS WHEREOF, First Party has executed this Indenture this 5th day of August 1991.