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of the initial and subsequent homeowners on Lots and shall not be the responsibility of any developer or builder within the property.

F.            Utility Meters.

Utility meters shall be hidden architecturally or through the use of remote reading devices.

G.           Measurement of Setbacks.

The minimum setbacks as specified in this Declaration shall be measured from the Lot line from which the setback is being measured to the nearest building or structure. No buildings or structures (except for permitted fences or mailboxes) shall be constructed or maintained within the required minimum setback area. The definition of the terms "front yard", "side yard", "rear yard", "building", "structure" or other similar tenn relating to setbacks shall be the same as that definition contained in the City’s zoning ordinance now or in the future.

H.           Utilities.

All utilities, including trunk and service lines for telephone, electricity and cable television, shall be constructed and maintained underground except for that portion which utility companies customarily require to be above ground in the immediate proximity of any exterior utility meter.

I.              Security Lighting.

Security lighting for driveways, parking and other areas shall be designed, located and directed in a fashion, which will avoid direct lighting onto adjoining Lots.

J.             Paving of Driveways. Sidewalks and Bike Trails.

All sidewalk, parking and driveway areas shall be constructed by the Lot Owners in conjunction•with the building of a house, shall be hard surfaced using a suitable thiclaiess of Portland cement, and in accordance with the Grimes City Code.

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K.           Sodding or Seeding.

All portions of a Lot not occupied by structures, walkways, driveways, parking or landscaping shall be sodded, within ninety (90) days after completion of the house upon the Lot unless weather conditions make this requirement impossible to meet.

L.            Garbage Cans and Equipment.

Items such as garbage cans, clotheslines, lawn or garden equipment, building materials and other similar items shall be placed out of public view. Firewood shall not be stored on the front side of a house. Furthermore, any repair of motorcycles, automobiles, vehicles or boats shall be done out of public view.

M.          Tents and Trailers.

No tent, trailer, boat, personal watercraft, camper, motor home, recreational vehicle or truck rated larger than three-quarter ton or other movable or temporary structure or enclosure or inoperative motor vehicle shall be maintained or parked on any Lot or street within public view for more than a cumulative of seven (7) .clays in any calendar year,

N.           Temporary Structures; Mobile Homes.

There Shall be no occuPancy of temporary structures or partially completed structures. No home or other building shall be moved onto any Lot. No mobile homes, prefabricated homes, modular or factory manufactured homes shall be permitted at any time.

0.        Architectural Character.

The architectural character of any structure shall be in harmony with, and compatible with, other structures located on the Property as well as the neighboring area and environment

P.        Exterior Foundations.

Exterior foundations exposed above finish grade which are not faced with brick or stone shall be painted to match the rest of the structure; provided, however, that in no event shall any exterior foundation be exposed more than twelve (12) inches above finish grade which is not faced with brick or stone unless topographic conditions leave no other alternative.

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Q.        Roof Material.

Roof materials shall be slate, tile, with medium to thick butt wood shingles or high quality asphalt shingles with a weight rating of at least 230 pounds.

R.         Swimming Pools.

Aboveground swimming pools or non-permanent swimming pools are prohibited, with the exception of temporary summertime wading pools for the use of children under age 5 years, which shall be permitted.

S.            Satellite Dish.

A satellite earth station antenna or parabolic device used to receive television Or telecommunication signals from satellites ("Satellite Dish") shall be permitted only if it meets the following requirements:

(¹)                  The Satellite Dish shall not be mounted on a trailer or other temporary or portable device, but shall be permanently installed;

(ii)           The Satellite Dish shall not exceed one meter in diameter or as measured diagonally;

In no event, however, shall these restrictions on satellite dishes conflict with The Telecommunications Act of 1996, as amended, or other applicable Federal Act as well as any Federal Rules promulgated pursuant thereto. If there is a conflict between Federal law and the terms of this subparagraph S or the terms of any regulations and terms of the Federal law shall control.

(iv) The Satellite Dish shall be located to the rear of the home it serves and be appropriately landscaped and screened but in no event shall it be located in any required yard setback area.

T.            Dog Runs and Houses.

Dog runs shall not be permitted unless they are located at the rear of the house or garage and extend toward the rear of the Lot from that portion of the house or garage which is closest to the rear Lot line, Any doghouse shall have the same external appearance, color and roof material as the home situated on the Lot, and shall be constructed and maintained in an attractive and workmanlike manner. No dog house shall exceed twenty (20) square feet in area nor be located closer than twenty (20) feet from any Lot line; provided, however, that in no event shall it be located in any required yard setback area.

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U.           Towers.

No outdoor television, radio or communication tower, mast or pole of any kind shall be constructed or maintained on the exterior of any Lot; provided, however, that a television antenna or video communication antenna may be constructed and maintained on a the exterior of a house if the antenna is attached to a permitted outdoor satellite dish and does not extend higher than 6 inches above the satellite dish. All other such antennae shall be constructed, if at all, in the interior attics of the house on a Lot. If there is a conflict between The Telecommunication Act of 1996, as amended, and the Federal Regulations promulgated pursuant thereto arid the terms of this subparagraph U, the terms_. of the Federal law shall control.

V.           Noxious Activities; Livestock.

No noxious or offensive activity, sound, vibration, noise or odors shall be permitted on or to escape from any Lot, nor shall anything be maintained or done thereon which is or may become an annoyance, offensive or a nuisance either temporarily or permanently. No animals, livestock, pigs, snakes or poultry of any kind shall be raised, bred or kept on any Lot or within any house or structure on a Lot except that domestic dogs, cats, and other small commonly accepted domestic pets may be kept so long as they are not kept, bred or maintained for commercial purposes or sale to the public and so long as they do not present any health or safety hazard or cause any offensive activity, sound, noise or odor. In no event, however, shall more than two (2) dogs be maintained on any one Lot. Dogs shall be tied, kept on a leash, fenced or kept in a dog run at all times.

W.            Maintenance of Lot.

The Owner or person in possession of any Lot, whether vacant or improved, shall keep the Lot free of trash, litter and debris and shall keep the Lot attractively mowed so that the grass or weeds do not exceed six (6) inches in height.

X.             Signs.

During the development of the Lots and building of homes thereon, North Pointe and any other Owners shall not interfere with the placement of any signs advertising lots or homes for sale or the development of the Lots which are placed on the Lot being sold.       .

ARTICLE II.
Special Use Restrictions

In addition to the general use restrictions and building specifications set forth in Article I above, the following specific use restrictions and building specifications shall apply:

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One Story Dwellings must not have less than 1,700 square feet of main floor finished area in the floor above the basement.

One and One-half Story Dwellings must not have less than 2,100 square feet finished area in the floors above the basement.

Two Story Dwellings must not have less than 2,400 square feet of finished floor area in the floors above the basement.

N.W. 107^th Street Access Restriction. No Lot shall use N.W. 107^th Street as a direct access.

ARTICLE

Enforcement Of Covenants

A.             Legal Action.

These Covenants, Conditions and Restrictions shall be deemed to run with the land to which they apply and all improvements thereon. North Pointe or the Owner of any Lot or portion thereof to which these Covenants, Conditions and Restrictions apply may bring an action in any court of competent jurisdiction to enforce these Covenants, Conditions and Restrictions and enjoin their violation, mandate their compliance or to recover damages for the breach thereof or for any other remedy or combination of remedies recognized at law or in equity.

B.              Delays in Enforcement.

No delay or omission on the part of North Pointe, or any Owner of land to which this Declaration of Covenant, Conditions and Restrictions apply in exercising any rights, power or remedy herein allowed shall be construed as a waiver or acquiescence therein. No right, claim or action shall accrue to and no action or claim shall be brought or maintained by anyone against North Pointe or any officer, employee or agent thereof on account of any action or inaction under this Declaration.

Conflict with Governmental Regulations.

The Property subject to this Declaration shall also be subject to any and all applicable regulations of the City of Grimes, Iowa, and any other governmental entities having jurisdiction including, but not limited to, zoning ordinances, subdivision ordinances, life safety and building codes as well as other such regulations. Whenever there is a conflict between the provisions of this Declaration of Covenants, Conditions and Restrictions and the ordinances, statutes or regulations of the City, County, State, or other applicable governmental entity having.jurisdiction over the Property, that provision or requirement

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which is the most restrictive shall be binding unless otherwise prohibited or preempted tiy law.

ARTICLE IV.
Term of Covenants; Severability.

A.             Duration.

All of the foregoing Covenants, Conditions and Restrictions set forth in this Declaration . shall continue and remain in full force and effect at all times and as to the Property, regardless of how title was acquired, from the date of filing of this Declaration until the 21 years in accordance with Iowa Code Section 614.24 and may be extended as permitted by state law. North Pointe is hereby designated to be a continuing attorney in fact vested with authority to file an extension of these Covenants, Conditions and Restrictions with the Polk County Recorder.

B.              Severabilitv.

In the event that any one or more of the temis or conditions of this Declaration shall be declared for any reason, by a court of competent jurisdiction, to be null and void, suCh judgment or decree shall in no way affect, modify, change, abrogate or nullify any of the remaining Covenants, Conditions or Restrictions not so expressly held to be void and the remaining parts of this Declaration shall remain in full force and effect.

C.              Reasonable Period of Enforcement.

If any of the terms of this Declaration shall be held by a court of competent jurisdiction to be void or unenforceable by reason of the period of time herein stated for which the Declaration may be effective or amount of any penalty imposed, such terms or penalty shall be reduced to a reasonable period of time or amount which shall not violate the rule against perpetuities as set forth in the laws of the State of Iowa or other applicable law, all as determined by the court.

D.             Minor Amendments.

So long as North Pointe owns any Lots within the Property, including an interest :as contract vendor, it shall have the absolute right to make minor amendments tO this Declaration in order to correct any deficiencies, clarify any provision thereof or to carry out the intent of this Declaration or to address deVelopment issues not contemplated at the date hereof.

B.        Erosion Control.

(ⁱ)          The owner and/or person in possession of each Lot, whether vacant or improved, their agents, assigns, heirs, and/or building contractors shall take all necessary

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ADDENDUM TO CONTRACT

Buyer and any-successor-in-interest (hereafter "Buyer") is hereby notified that there exists, for
________________________________________  (the "Development") (which includes the Property), an NPDES Stoiin Water Discharge Permit No. 2 (the "General Permit") and a storm water pollution prevention plan ("SWPPP"). Buyer acknowledges receipt of a copy of the General Permit and the SWPPP for the Development. Additionally, a copy of the General Permit and the SWPPP for the Development is located at the Seller’s office at

Buyer has purchased________________________________________________________ (hereafter the "Property"). Buyer understands and agrees that, from and after the Closing Date, Bt,tyer shall become the sole responsible permittee for the Property and for compliance with all terms, provisions and requirements of the General Permit, the SWPPP and any and all applicable storm water and/or erosion control statutes, rules and ordinances.

Additionally, Buyer agrees that prior to disturbance of any soil on the Property, Buyer shall• apply for and receive coverage under NPDES Storm Water Discharge Permit No. 2 for the Property (unless prohibited by law), Buyer shall create and have on site a SWPPP specific to the Property that incorporates the requirements of the General Permit and is in addition to Seller’s ^`g\WPPP for the Development and Buyer shall undertake all activities necessary to comply with

-any and all applicable storm water and/or erosion control statutes, rules and ordinances. Buyer’s SWPPP shall cover the Property and shall be in full compliance with the terms of the General Permit and ordinances without reliance on or consideration of the SWPPP for the Development. In addition, Buyer shall, under all circumstances, prevent the loss, transfer or migration of any soil, silt, sediment, petroleum product, hazardous substance or solid waste from or beyond the boundaries of the Property purchased by Buyer At all times, Buyer shall have sole operational control of storm water discharges associated with the Property.

Buyer shall protect, defend, indemnify and hold Seller harmless from any and all damages, claims, liabilities, fines, penalties, cleanup costs and/or attorneys and consultant fees caused by, or in any manner related to: 1) any discharges from the Property identified above; and/or 2) any alleged violation of any NPDES, storm water and/or erosion control statute, rule or ordinance, after the date of sale of the Property to. Buyer. Buyer shall release, waive and otherwise discharge any and all claims that Buyer may assert against Seller relating, in any tnanner, to any discharges from the Property and/or any alleged violation of any NPDES, storm water and/or erosion control statute, rule or ordinance. The covenants and provisions of this Addendum shall survive the ‘Closing Date. The duties and obligations imposed under this Addendum shall be covenants running with the land and this document may, at Seller’s discretion, be filed with the County Recorder’s office at the time of closing. Further, Buyer’s obligations shall not be discharged by sale of the Property without written consent of the Seller,

USE RESTRICTIONS

X. STORM WATER DISCHARGE PERMITTING REQUIREMENTS

Any construction or earth moving on any lot(s) (whether greater or less than one acre in size) shall be in compliance with all statutes, rules and/or ordinances relating to storm water permitting. The lot owner understands and agrees that he/she is the sole responsible permittee for the lot(s) with respect to compliance with all terms, provisions and requirements of the NPDES Storm Water Discharge Permit No. 2, the storm water pollution prevention plan which includes the lot(s) and any and all applicable storm water and/or erosion control statutes, rules and ordinances.

Lot owner shall protect, defend, indemnify and hold  _  and other lot owners harmless from any and all damages, claims, liabilities, fmes, penalties, cleanup costs and/or attorneys and. consultant fees caused by, or in any manner related to: 1) any discharges of soil, silt, sediment, petroleum product, hazardous substances or solid waste from the lot(s) identified above; and/or 2) any alleged violation of any NPDES, storm water and/or erosion control statute, rule or ordinance, after the date of sale of the lot(s).

SELLER:                                                              BUYER

By: ____________________________________ ___________________________________________________________________________________________ By:      

[Print Name and Title, if applicable] Address:      Date:

STATE OF IOWA

) SS: COUNTY OF

This instrument was acknowledged before me on the____ day of_______________

by__________________________ as_________________ of________________________ on behalf of whom this instrument was executed.

Notary Public in and for the State of Iowa.

STATE OF IOWA          )

) SS: COUNTY OF

This instrument was acknowledged before me on the____ day of_______________

by___________________________ as_________________ of_______________________ on behalf of whom this instrument was executed.

Notary Public in and for the State of Iowa

STATE OF IOWA          )

) SS: COUNTY OF

On this_____ day of_________________________________________________________       before me, a Notary Public, personally

appeared__________________________________ , to me known to be the person named in
and who executed the foregoing instrument, and acknowledged that he/she executed the same as his/her voluntary act and deed.

Notary Public in and for the State of Iowa

d:\bO513\O3o_.tarIzed addendum with permit.doc

ADDENDUM TO PURCHASE AGREEMENT - North Pointe Soils

Seller hereby discloses that some lots previously sold within North Pointe Plat One and Plat Two have been discovered to contain expansive soils. Buyer is given 10 days (Inspection Period) to conduct an inspection of the property (including but not limited to soil) all at Buyer’s costs to determine if it is suitable for Buyer’s use. If Buyer wishes to terminate this agreement based on the property being unsuitable, Buyer must do so by written notice given to Seller on or before the end of the Inspection Period. Seller is under no obligation to repair or remedy any conditions deemed unsuitable by Buyer. Seller makes no warranty as to the condition of soils within or under the property and whether the property is suitable for development in accordance with Buyer’s future plans. By executing this offer, Buyer hereby releases and discharges Seller from any claims based on =suitable condition.

Buyer                                                                     Buyer

Seller                                                                      Seller

Date