This Second Supplement to
the Deed of Restrictions of Westminster Place ("Second Supplement") is
made and entered into as of the ___ day of _______ 1997 by and between
those owners of real estate fronting on Westminster Place in City Block
4907B and 5051 B of the City of St. Louis, Missouri, from the west line
of Kingshighway Boulevard to the east line of Lake Avenue who have
subscribed hereto (the "Owners") and William Chapman, Mary Kay Gabriel,
Arthur Littlefield, Lauren Plummer, Debra Shrout, Richard Todd and John
Wright, as trustees (the "Trustees").
WITNESSETH, that
WHEREAS, various but not
necessarily all of the parcels of real estate fronting on Westminster
Place in City Block 4907B and 5051B of the City of St. Louis, Missouri
from the west line of Kingshighway Boulevard to the east line of Lake
Avenue (the "Lots") are subject to a Deed of Restrictions of
Westminster Place dated as of June 24, 1957, as supplemented to the
date hereof (the "Deed of Restrictions").
WHEREAS, the Owners are the
owners of certain but not all of the Lots (such Lots owned by the
Owners, the "Subscribed Lots"), and the Trustees are currently acting
as such pursuant to the Deed of Restrictions.
WHEREAS, it is the desire of
the parties hereto, for their mutual benefit and advantage, to further
the purpose and intent of the Deed of Restrictions by the execution and
delivery of this Second Supplement.
NOW, THEREFORE, the Owners
and the Trustees hereby declare that each of the Subscribed Lots is
hereby made subject to the following restrictions, covenants and
conditions. These restrictions, covenants and conditions shall run with
the Subscribed Lots and shall be binding on all parties having or
acquiring any right, title or interest in the Subscribed Lots or any
part thereof, and shall inure to the benefit of each owner of any
Subscribed Lot.
1. Subsection 7 of the Deed
of Restrictions shall be supplemented to contain the following:
| These restrictions shall remain in full force and effect for an additional twenty (20) years from June 1 1997 after which time such restrictions shall be automatically extended in perpetuity for successive periods of twenty (20) years, unless a majority of the current trustees under the Deed of Restrictions and the persons owning the majority of the Subscribed Lots shall execute and cause to be recorded an instrument to evidence their election that said restrictions shall be terminated. which election shall be made and said document recorded at least six (6) months prior to the expiration of the then current term thereof. |
2. The Deed of Restrictions
shall be supplemented to contain the following Subsection 11:
| The terms, covenants, restrictions and conditions of the Deed of Restrictions may be amended or supplemented at any time upon the execution of an instrument by a majority of the current trustees under the Deed of Restrictions and the persons owning not less than seventy-five (75) percent of the Subscribed Lots and the recording of such instrument. Each such amendment or supplement shall be binding upon, and inure to the benefit of, all Subscribed Lots and the owners thereof. |
3. The covenants and
restrictions of this Second Supplement shall run with and bind the
land, and shall inure to the benefit of and be enforceable by the
Owners and shall inure to the benefit of and be enforceable by the
owners of each Subscribed Lot and their respective legal
representatives, heirs, successors and assigns.
4. Nothing in this Second
Supplement shall affect the rights and obligations of the owners of any
of the Lots that are not Subscribed Lots, and the provisions of the
Deed of Restrictions not affected hereby shall remain in full force and
effect.
5. This Second Supplement
shall be effective only after it has been signed by Owners representing
at least _______ Lots. Upon the effectiveness of this Second
Supplement, from time to time a majority of the current trustees under
the Deed of Restrictions and owners of other Lots to which this Second
Supplement is not applicable may each execute and cause to be recorded
an instrument in substantially the form of this Second Supplement, and
effective upon such execution and recording, such Lots shall be
Subscribed Lots and the owners of the Subscribed Lots shall be Owners
for purposes of this Second Supplement.
