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Maintenance of Common Areas and Facilities following representation of purchasers of developed lots as trustees: One-third (1/3) of the tru_qees or officers shall be chosen by purchasers of developed lots after fifty (50) percent of the lots have been sold; Txvo-thirds (2/3) of the trustees shall be chosen by purchasers of developed lots after nine~'-five (95) percent of the lots have been sold; All of the association trustees shall be chosen by purchasers of developed lots after all of the lots have been sold. The term of the indenture for all ~'pes of subdivisions, including planned districts, shall be for the duration of the subdivision. In the event that the subdivision is vacated, fee simple title shall vest in the then lot or unit owners as tenants in common. The rights of the tenants in common shall only be exercisable appurte- nant to and in conjunction with their lot ownership. Any conveyance or change of ownersh/p of any lot shall convey Mth it ownership in the common land, and no interest in the cormnon land shall be conveyed by a lot owner except in the conjunction with the sale of a lot. The sale of any lot or unit shall carry. with it all the incidents of ownership of the common land although such may not be expressly mentioned in the deed; provided, however, that no fight or power conferred upon the trustees shall be abrogated. Each trust indenture and warranty deed shall be accompanied by a written legal opinion from an attorney licensed to practice in the State of Ivfissouri, setting forth the attorney's legal opinion as to the legal form and effect of the trust indenture and deed. The deed and trust indenture shall be approved by the Ci.ty Attorney prior to being filed ~4th the St. Louis Coun .ty Recorder of Deeds simultaneously with the recording of the final plat. 29-35.2 Disclosure of Responsibility for Maintenance of Improvements So long as there is a street not accepted by the Ci.ty for maintenance ~vithin any' subdivision, no person shall sell, or offer to sell, or advertise for sale, any dwelling unit or non-residential properly. without disclosing to each prospective purchaser such purchaser's responsi- bill .ty with respect to subdivision streets in the manner required by this section. For purposes of this section, "prospective purchaser" includes any person making inquiry. of any responsible party. with respect to pur- chase of a lot or dwelling urfit. 2. Required Disclosure: Disclosure shall be made to each prospective purchaser in substantially the follm~4ng form: TI-[E CONSTRUCTION DESIGN OF THESE STREETS HAS BEEN APPROVED BY THE CITY AND OFFERED FOR DEDICATION TO THE CITY. UNTIL SUCH TIME AS STREETS ARE ACCEPTED BY THE CITY FOR MAkNTENANCE, THE OWN- ERS OR HOMEOWNERS' ASSOCIATION WILL BE RESPONSIBLE FOR ALL REPAIRS AND ~LAINTE- NANCE. Ivlod/ficafion of the above lan~age may be made only as necessary. to plainly and accurately portray the current and future status of subclMsion streets. Any reference in such disclosure to a board of trustees or similar persons shall reference the trust indenture which discloses the manner of selection of trustees and the manner in which any costs borne by such persons will be defrayed. 3. Responsible Parties: The requiremen~ts of tiffs section shall be complied with by any developer, development corporation, lender, tifie company, real estate broker, corporation, agent, manager or management corporation. and each agent or employee of the foregoing to the extent of involvement in marketing of property for sale. chaivt29.£m 4-i ! As approved by the Plan Commission on October 22, 1997