Claire’s Vineyard Owners Manual

Revised 30 September 2015

  2  

Welcome to Clair’s Vineyard!

We are excited to offer you Crestview’s most exclusive residential community. Claire’s Vineyard is a private garden community featuring beautiful homes, lush landscaping and tree-lined streets with common area spaces and amenities that are normally found only on larger estates. It was designed to provide residents a safe and secure place to live. A special place requires special people who share a common vision. The following Owner’s Manual was designed to ensure that each home built in Claire’s Vineyard would feature compelling architecture and landscaping that promote a harmonious atmosphere, protect property values and create a wonderful and unique environment to live in. The Owner’s Manual contains a lot of information, so it might seem intimidating. To make it less so, we assembled the information into 6 sections. Take a moment to acquaint yourself with the Manual and be sure to share it with your builder, design professional and landscape consultant before you begin designing your new home.

  3  

The Owner’s Manual

Authorization The following Owner’s Manual was produced and published by Claire’s Vineyard Owner’s Association, Inc., for the mutual benefit and protection of all property owners in Claire’s Vineyard. It is authorized by the Declaration of Covenants, Conditions and Restrictions (the “Declaration”) and designed under the direction of the Architectural Review Committee. This Owner’s Manual provides design codes and standards for all homes built in Claire’s Vineyard. The Architectural Review Committee reserves the right to update and revise this manual, when and as it deems necessary in accordance with the Covenants, Conditions and Restrictions (the “Declaration”) and upon affirmative vote of two-thirds of the voting interests of the association. This manual and any revisions thereof, are binding on all Lot Owners in Claire’s Vineyard, their guest, family members or agents. The Association has the right and duty, as outlined in the Declaration of Covenants, Conditions and Restrictions, the Articles of Incorporation and By-Laws, to enforce these rights on behalf of all Association members.

  4  

Claire’s Vineyard Project Consultants

Developer Engineering & Survey

Jernigan & Sons, Inc. 4069 Indian Trail Destin. FL 32541 (850) 837-8080 Contact: Jack .Jernigan

Southern Engineering Group 114 Cedar A venue Crestview, FL 32536 (850) 682-4269 Contact: Kermit George

Landscape Architect Local Counsel

Reece, Hoopes & Fincher 1234 Airport Road Destin, FL 32541 (850) 837-3555 Contact: Monica Palyash

Architectural Design Consultant

Jerry L. Logan Phone: (334) 898-7009 Contact: Jerry L. Logan

Closing, Title & Escrow Service

Okaloosa Title & Abstract 402 North Main Street Crestview, FL 32536 (850) 682-6171

Contact: Sam Cook

Powell' Powell & Powell 422 North Main Street Crestview, FL 32536 (850) 682-2757 Contact: Dixie Powell Accountants O'Sullivan Creel, LLP 45 Beal Parkway Ft. Walton Beach, FL 32548 (850) 244-5121

  5  

Claire's Vineyard County & State Permitting Agencies

Okaloosa County Growth Management (Formerly the Planning and Inspection Department)

812 James Lee Blvd. - East Crestview, FL 32539 (850) 689-508O Contact: Sherry Reed

North Okaloosa County Road Department (To verify approved variances from County specifications)

1759 South Ferdon Crestview, FL 32536 (850) 689-5770 Contact: Steve Mixon

Okaloosa County Health Department (Septic tank questions and permitting)

810 James Lee Boulevard - East Crestview, FL 32536 (850) 689-7859 Contact: Environmental Health

  6  

Claire's Vineyard Utility Services

Water Service

Auburn Water System, Inc. 3097 Locke Lane Crestview, FL 32536 (850) 682-3413 (888) 518-6533 (emergencies)

Okaloosa Gas 101 South Main Street Crestview, FL 32536 (850) 682-3017 Service

Electrical Service Telephone Service

Gulf Power Company 1655 South Ferdon Boulevard Crestview, FL 32536 (800) 225-5797 Customer Service (850) 689-4628 Engineering

Sprint 811 (Local Call) (800) 326-2497

Cable Service Garbage Service

Cox Communications 2217 South Ferdon Boulevard Crestview, FL 32536 (850) 682-5131 High Speed Internet Access Cox Communications – Cable Internet Sprint – DSL High Speed Internet

Waste Management 108 Hill Avenue Ft. Walton Beach, FL (850) 862-7141

  7  

Claire's Vineyard Homeowners Association

The community of Claire's Vineyard has been encumbered with a master homeowners association called Claire's Vineyard Owners Association, Inc. (the "Association"). The Association is charged with the responsibility of handling the business affairs of Claire's Vineyard, including the preparation and maintenance of accurate budgets, the negotiation of insurance and other services, assessments and the collection of each Member's share of the assessments. The Association must see to the ongoing care and maintenance of the common areas of Claire's Vineyard and the accumulation of a reserve fund sufficient to repair and restore the Common Areas when needed. The Association is also responsible for securing and developing future common areas for the benefit of the neighborhood should the members so desire.

Each lot owner within Claire's Vineyard automatically becomes a member

of the Association. Board members are nominated and elected by Members of the Association.

Current Owners, and those who are contemplating ownership, are encouraged to become familiar with these documents. Copies of the Declaration of Covenants, Conditions & Restrictions, the Association's By-laws and Articles of Incorporation are available from the Association.

  8  

Claire's Vineyard Architectural Review Committee

Overview

Establishing and enforcing high standards of architectural review is one of the most effective methods to protect property values and ensure that the community lifestyle and environment envisioned in the master plan are realized. All construction or modifications to the community must be approved through an architectural review process. The Owners Association administers this process through the Architectural Review Committee (ARC). The ARC represents the Owners Association and is responsible for carrying out its duties to benefit the total community. Applications for proposed construction or modifications to the community will be channeled through the ARC.

The ARC does not seek to restrict individual creativity or preferences. The Owner’s Manual will he used as a guide in every review, however each application is evaluated on its own merit. Non-conforming designs that provide a b enefit to adjacent Lots, the specific Lot or the Community as a whole and still maintain the aesthetic relationship between homes, natural amenities and surrounding neighborhoods will be considered. Committee Members The Architectural Review Committee consists of three (3) members appointed by the Board of Directors to serve a one year term.

Meetings The committee shall meet as needed to review applications or conduct other business. All decisions, including their rationale, will he recorded in minutes of each meeting. The ARC will retain and file one complete set of all plans and specifications submitted for each review.

  9  

Voting

Each member of the committee shall have an equal vote, and the majority of all members of the ARC shall constitute a decision for approval or denial of an application. The CVOA Board of Directors will serve as the appeal authority when a dispute takes place between an association member and the ARC. Responsibilities The ARC is empowered to perform the following services on behalf of the Association:

A. Establish architectural motifs and exterior architectural themes

that assure compatible architectural standards and harmonious relationships with neighboring properties.

B. Review applications for compliance with those Architectural Guidelines established in the Declaration of Covenants, Conditions and Restrictions and the Owner’s Manual.

C. Monitor and enforce architectural standards and criteria and notify the Developer and/or Owners Association Board for appropriate action.

D. Review site plans and landscape plans for compliance, and encourage and approve those plans, which seek to minimize the loss of prominent trees and other natural landscape features.

E. Establish fees for the review of applications as may be required.

F. Amend Architectural Criteria and Design Guidelines as may be Required from time to time and seek affirmative vote of two-thirds of the voting interests of the association.

G. Provide assistance and recommendations to applicants, whose plans and specifications have been disapproved, to quickly resolve non-conforming issues and bring applications into compliance.

H. Maintain copies of' applications, architectural documents and

related records.

Limitations of Responsibilities

The primary goal of the ARC is to review the applications, plans, specifications, materials and samples submitted to determine if the proposed structure conforms in appearance and construction criteria with the standards and policies set forth in this Owners Manual. The ARC does not assume responsibility for the following:

A. The structural adequacy, capacity or safety features of the proposed improvement or structure.

B. Soil erosion or unstable soil conditions. C. Compliance with any or all building codes, safety requirements.

governmental laws, regulations or ordinances. D. Performance or quality of work of any contractor or sub-contractor.

Enforcement The Owner's Association shall have the right to injunctive relief, should the Owner or Builder violate the architectural or construction standards and guidelines contained in this manual, or construct in a manner inconsistent with the application approved by the ARC. The Owner or Builder is also responsible for obtaining required governmental approvals. Review Fees

The ARC charges $75.00 to review construction plans. Additional fees may he charged should additional professionals be required to consult or verify field progress. The review fees are subject to change without notice, if so approved by the ARC. Application Withdrawal

You may withdraw your application as long as you provide written notice to the ARC prior to their review meeting.

  11  

Appeal If an application has been denied or the approval is subject to conditions which the Owner or Builder feels are harsh, they may request a hearing before the full ARC and CVOA Board of Directors to justify their position. Variances Any variance requested should be made in writing. Any variance granted shall be considered unique and will not set any future precedent. Time Limitations The Owner or Builder must begin construction within one hundred & eighty (180) days from the ARC date of approval of construction plans, or forfeit all approvals. The Lot owner must begin construction of a residence within eighteen (18) months from the date they purchase their lot, unless a written extension is granted by the ARC. Once construction starts, it should be completed within ten (10) months unless a written extension is granted by a majority vote of the ARC. Construction/Compliance Deposit

The Owner or Builder must submit a two-thousand dollar ($2,000.00) refundable construction/compliance deposit per Lot at time of final ARC approval and prior to any construction activity. These funds will be utilized to repair any damage caused by construction personnel or equipment to adjacent property, violations of the construction standards and guidelines, and, if necessary, used to clean the construction site. The deposit will be returned, less any funds withheld due to damage repairs, non-compliance with the standards and guidelines or site-cleanup, upon receipt of a Certificate of Occupancy. In the event that the owner does not comply with his obligations hereunder including, without limitation, construction of any unapproved proposed improvement or fa i lure to construct in full accordance with the approved

  12  

plans and specifications, the ARC shall give the owner written notice of the non-compliance and ten (10) days to cure the non-compliance. If such non- compliance is not cured, the ARC may use the construction/compliance deposit to complete the construction or remove and restore the unapproved proposed improvements or to retain an attorney. Upon a violation as set forth herein, the ARC shall be entitled to retain the entire construction/compliance deposit amount, even if the entire amount is not utilized. Such coverage shall be deemed a penalty for such failure (non- compliance penalty). Construction Compliance Inspections The ARC, with builders/owners permission, may make periodic inspections while construction is in progress to determine compliance with approved architectural plans and specifications.

Review Procedures

Plans are to be submitted to the Architectural Review Committee. All builders must be pre-approved by the ARC prior to submission of any plans. (Please refer to Builder Application included in this Owner’s Manual referred to as Exhibit A).

The procedures used to submit plans for review by the ARC for single family detached homes are outlined as follows:

Review the Relevant Documents

A. Your Lot Purchase Agreement

B. The Claire's Vineyard Owner’s Manual

C. The Declaration of' Covenants, Conditions and Restrictions

D. Okaloosa County requirements and procedures.

  13  

Retain Professional Design Consultants

The ARC strongly encourages you to retain professionals in the field of planning, architecture and landscaping. Have your consultants read and acquaint themselves with the relevant portions of this Manual.

Schedule A Preliminary Design Meeting It is required that you submit preliminary sketches to the ARC illustrating front, right, left, side & rear elevation, the floor plan, typical wall or cross section along with submission of' the plot plan prior to the submission of your application. A reasonable fee will be charged by the Architectural Consultant to render a preliminary assessment only. Additional fees may be required for each subsequent submission, review or consultation during the preliminary phase.

Submitting your Plans and related Documents for the Review The owner or Builder must submit 2 sets of the final construction plans and (if available) material samples and color chips as follows:

A. Include the completed Review Application and the Review Fee. B. Survey showing significant trees, lot corners and boundary lines.

(The Owner's Association has made special arrangements to offer this service from Southern Engineering at a special price. Call Southern Engineering for more details)

C. Floor Plans D. Exterior Elevations (specifications, materials. color chips)

E. Roofs (structure, materials, product photos)

F. Fascia and Trim (section details, materials, color chips) G. Landscape and Irrigation Plan H. Exterior Doors and Garage Doors (materials and color chips) I. Patios, Decks. Balconies, Porches (specifications, materials and

  14  

color chips) J. Privacy Fences/Wall (show design details used to screen lanais,

mechanical & service equipment, materials and color chips). K. Screen Enclosures (structure, materials, colors)

L. Exterior Electrical Plan M. Exterior Lighting Details

N. Driveways (materials, finish, color chips) O. Finished Floor Elevation (must be a minimum of 9” above crown) Note: The ARC requires a submission plot plan (field inspection of the building

corners by stakeout), prior to granting approval.

The ARC will review all design documents and return one set of plans to the Owner or Builder. Submission of Plans to Building Department Following ARC review and approval, the Owner must submit approved plans to the Okaloosa County Building Department or other such agencies having jurisdiction for required permits. Any changes required by the County must be brought to the attention of the ARC. The Owner is advised to contract the County directly for nil applicable information. Construction Commencement Construction may start after the owner's review application has received ARC approval, appropriate County building permits have been issued and appropriate certificates of insurance coverage has been delivered to the ARC. Certificate of Occupancy/Construction Deposit A copy of the Certificate of Occupancy must be submitted to the ARC upon completion of construction. The ARC will conduct a final inspection at this

  15  

time. The Association’s treasurer will return the construction deposit, less any funds withheld due to infractions. Design Document Changes The Owner or Builder must notify the ARC prior to making any changes to the approved plans. A letter with applicable support data must be submitted to the ARC for the file. Periodic Inspections The ARC, upon authorization from the builder/owner, has the right to inspect construction in progress for conformance with approved design documents.

  16  

CLAIRE'S VINEYARD REVIEW APPLICATION

DATE: __________________ Owner: __________________________________________________________ Name __________________________________________________________ Street __________________________________________________________ City State Zip Builder: __________________________________________________________ Name __________________________________________________________ Street __________________________________________________________ City State Zip Design Professional: ______________________________________________________ Name ______________________________________________________ Street ______________________________________________________ City State Zip Landscape Consultant: ______________________________________________________ Name ______________________________________________________ Street ______________________________________________________ City State Zip

  17  

This application is being submitted for: Lot# ________ by (Owner) ____________________ (Builder) ___________________ Has floor plan been approved for another lot? _____________________ (Yes or No) If yes, for which lot? ___________________________________________ Check One Conditioned Living Area (1st Floor) __________ Sq Ft Conditioned Living Area (2nd Floor) __________ Sq Ft Total Conditioned Living Area: __________ Sq Ft Covered Porches/Entries/Etc. __________ Sq Ft Garage __________ Sq Ft Other: ____________________________ __________ Sq Ft Total Gross Sq Ft __________ GENERAL INFORMATION Lot Dimensions: ______________________________________________ Lot Sq Ft: _____________________ No. of Stories: _________________ No. of Bedrooms: _______________ No. of Baths: _________________ Finished Floor Height from Ground: _____________________________ Finished Floor Height from Crown: _____________________________ Height from Grade to Ridgeline: _____________________________ Finished Floor Elevation: _____________________________

  18  

EXTERIOR FEATURES COLOR FINISH Driveway __________ __________ Entry Walk __________ __________ Siding __________ __________ Stone __________ __________ Brick __________ __________ Stucco __________ __________ Shutters __________ __________ Windows __________ __________ Window Trim __________ __________ Entry Door __________ __________ Glass Sliding Doors __________ __________ French Doors __________ __________ Garage Door __________ __________ Roofing __________ __________ Fascia __________ __________ Soffit __________ __________ Gutters __________ __________ Chimney __________ __________ Screening __________ __________ Porch/Patio Deck __________ __________ Pool Deck __________ __________ Privacy Fencing/Walls __________ __________ Planters __________ __________

NOTE: Exterior colors, finishes and materials should be provided. Include samples, specifications, photos and color chips if available.

  19  

Document Requirements

The ARC requires the following documents to conduct the design document review process. The documents should be submitted according to outlined specifications.

Site Plan

- Scale 1 inch = 10 feet - Property lines, easements and rights-of-way - Driveways, sidewalks, walkways, showing surface materials - Culverts and swells - Foundation outline, roof drip line (Fascia) - Pools, decks, patios - Existing grade/finished floor elevations - Required setbacks per structure siting in Building Area of lot

Floor Plans - Scale ¼ inch = 1 foot

Exterior Elevations - Scale ¼ inch = 1 foot - Existing grade-fill, finished elevation - Doors, windows, fences, mechanical equipment

Building Sections - Scale ¼ inch = 1 foot - Detail wall sections - Detail roof sections, pitch, type

Electrical Plans - Scale ¼ inch = 1 foot - Include exterior lighting - Include mechanical, service equipment and meter locations

Landscape Plans - Scale 1 inch = 10 feet - Tree survey - Drainage patterns - Easements and rights-of-way - Driveways, sidewalks, walls, fences, pools, decks - Planting plan and plant list showing size and quantity installed - Irrigation plan and materials list - Planting and Irrigation specification

NOTE: Exterior colors, finishes and materials should be provided. Include samples, specifications, photos and color chips if available.

  20  

Claire’s Vineyard Construction Standards & Guidelines

The following standards and guidelines shall apply to any and all exterior construction, modification, alteration, grading, excavating, tree removal, landscaping or any other change to the grounds of a single-family Lot within Claire’s Vineyard. In the event these standards and guidelines are violated, the construction or work being performed shall cease until the project is brought into compliance. Start of Construction Construction may start once all required governmental permits are obtained, the ARC has reviewed and approved the application, and received appropriate certificates of insurance coverage. Prior to clearing, the contractor must meet with representative(s) of the ARC on-site, to review corner stakes and clearing limits. The placement of a portable toilet is only permitted if requirements for construction and clearing have been met. Portable Toilets Prior to commencing work, a portable toilet must be placed on the job site and in a manner so as to least disturb other residences and other construction. Builder/Contractor Access For security purposes all Owners or Builders must furnish a complete list of their contractors, subcontractors and employees who are permitted entry into Claire’s Vineyard. Those listed contractors, subcontractors and employees will be issued a security access code allowing them access to the Houston Lane entrance gate only and only during authorized hours of construction. The owner or builder must submit a $100 access fee at the time of final ARC construction plan approval or no later than ten (15) days prior to construction commencement. This fee will be used to reprogram the Houston Lane gate system with access codes to allow access to authorized personnel during construction and to restore the system to its original configuration once the Certificate of Occupancy is issued. After the gate system is programmed to allow access, the list of codes assigned will be provided to the Owner or Builder for dissemination to authorized personnel.

  21  

Access codes are only to be used by those contractors, subcontractors and employees as listed by the Owner or Builder and are not to be disseminated to anyone else under any circumstances. It is the Owner or Builder’s responsibility to ensure all construction personnel are aware of this requirement. NOTE: Access code use is traceable. Failure to abide by these rules may result in the loss of entry privileges into Claire’s Vineyard. The Association and its Members are NOT RESPONSIBLE for any loss or damages sustained to any person or entity due to their loss of entry privileges. Construction Traffic All construction traffic must access Claire’s Vineyard through the appropriate service entrance on Houston Lane. No vehicle shall park on any private streets within Claire’s Vineyard. Nor shall they park on any common area or on any other Lots whether vacant, under construction or completed. There will be no washing of any construction vehicles or equipment anywhere in Claire’s Vineyard. Construction Hours Standard construction working hours shall be from 6:30 a.m. to 5:30 p.m.. Monday through Saturday, except on certain holidays. Nighttime indoor work passes may be issued upon Builder request with ARC approval. Site Clean-up All construction sites must be maintained in a neat and orderly fashion. All trash will be contained in a covered trash dumpster or removed from the job site on a routine basis. The Owner or Builder is responsible for trash that blows off the construction site and shall retrieve of such trash immediately. Trash cannot be stockpiled anywhere on the lot, except that trash generated during the day may be temporarily stored in the rear of the residence until it is removed that evening. There will be no stockpiling or dumping on adjacent Lots or on streets, driveways or easements. Any trash not removed from the site in a timely manner will be removed by the Association and billed to the responsible contractor or subcontractor. Contractors will use only the utilities provided on the immediate site on which they are working. All personnel working in Claire’s Vineyard are to keep their immediate work areas free of discarded materials such as lunch bags and odd materials.

  22  

Clearing of Site Only plants, vegetation and trees directly within the Building Area where the planned structure roof overhangs occur, or where the driveway occurs, shall be removed. Any plants, vegetation or trees uprooted or cut down in this area shall be removed from the job site and from Claire’s Vineyard as soon as practicable, but not later than five (5) working days. A) Zone BZ (Building Zone) The ARC must approve the removal of any tree 12” caliper or greater measured 12” above grade that is removed from the BZ zone for building purposes or site improvements. Lot owners are encouraged to take special steps to preserve as many trees in this area as possible. B) Zone HZ (Hardscape Zone) No tree 8” caliper or greater measured 12” above grade shall be removed without first receiving written approval from the ARC. Any tree 6” caliper or greater measured 12” above grade that must be removed from the HZ zone for site improvements will be replaced with enough 2” or greater nursery grown trees, preferably ones selected from the plant palette, may be incorporated into the landscape plan of the Lot or if not, will be planted within some Common Area of the development, to be determined by the ARC. C) Zone LZ (Landscaped Area) No tree 4” or greater measured 12” above the grade in the LZ zone shall be removed without written approval from the ARC. Lot owners are encouraged to maintain a natural buffer in this area while accenting with proposed landscaping as needed. Builder’s Signage During construction, only (3) signs will be allowed on each lot. Builders are asked to provide a 4” x 4” x 6’ white post on which the doc box, builders, design & landscape consultants signage will be attached. Each sign will be 18” x 24”. This post and sign must be removed upon issuance of a certificate of occupancy. Absolutely no other signage of any kind shall be permitted.

  23  

Construction Damage Any damage to streets, drainage inlets, sidewalks, streetlights, street markers, mailboxes, landscaping, etc., will be repaired immediately by the Builder or Owner. If not, the Association will cause repairs to be done and such costs will be billed to the responsible contractor or taken from the construction deposit. Established Speed Limit The established speed limit within Claire’s Vineyard is 20 miles per hour for construction vehicles, including light trucks and autos. This must be obeyed. Construction Spillage Operators of vehicles are responsible for immediate clean-up of any load spillage. Please report any spills as soon as possible. Oil Leaks and Chemical Spillage Operators of vehicles are responsible for the repair and clean-up of any oil leaks, paint or other chemical spills that stain or damage roads, bridges or driveways. Chemical clean-ups performed by the Association will be billed to the responsible party. Please report any spills as soon as possible. Utility/Water lines If any telephone, cable television, electrical, water, etc. lines are cut, it is the contractor’s responsibility to report the accident to the Association within 30 minutes and the responsible contractor must repair damage immediately or arrange for the appropriate installer to repair damage immediately. We encourage all contractors to work with the Association to identify these lines before digging. Vehicles and Equipment No vehicles (trucks, vans, car, etc.) may be left in Claire’s Vineyard overnight. Construction equipment may be left on the site while needed. Any equipment left on site is done so at the equipment owners own risk. The Association and its Members are not responsible for any loss or damage to equipment left on the construction site.

  24  

Personnel Only approved Contractor personnel are allowed on the property and should exit the property upon completion of their work. All workers are required to wear shirts at all times. No alcoholic beverages are permitted on the property. NOTE: Failure to abide by these rules may result in the loss of entry privileges into Claire’s Vineyard. The Association and its Members are NOT RESPONSIBLE for loss or damages sustained to any person or entity due to their loss of entry privileges. Claire’s Vineyard Site Standards & Criteria The site standards and criteria that follow shall apply to any and all Lots within Claire’s Vineyard unless a variance has been granted: Procedures for Final Grade Grading and clearing may commence once the site plan showing the nature and location of work has been submitted and approved by the ARC and the Contractor has met with the ARC designated representative on-site to review corner stakes and clearing limits. Fill shall not be deposited at any location without prior ARC approval. Vegetated buffer strips shall be retained in their natural state to a minimum distance of twenty (20’) feet along all rear lot lines that are contiguous to the outside boundary lines of the original site. Lot owners impacted by this requirement may include the ten (10’) foot Common Area strip when calculating the minimum depth of the buffer. Lots backing up to Airport Road will maintain a minimum vegetated buffer of forty (40’) feet from the highway right of way lane. Lots backing up to each other in the center of the development shall retain a natural vegetated buffer of at least ten (10’) feet along each rear lot line. The minimum width of any buffer shall be sufficient to significantly reduce visual access from the surrounding property owners and motorists, provide a sound buffer and a sense of privacy and security for each resident. Grading shall not disturb existing trees and vegetation unless otherwise approved by the ARC. Cuts and fills should be

  25  

designed to complement the natural topography of the site. No earthen berms are allowed. Existing drainage structure(s) shall not be altered or affected in any way. Controlling erosion during construction is a major concern. Filter cloth should be used to contain silt erosion if any silt runoff is detected following Lot clearing and grading. Storm water and construction runoff must be directed to the existing drainage structures without encroaching on adjacent lots. Paved areas shall be designed so that surface water is collected at intervals in a manner that will not create puddles in paved area or obstruct the movement of vehicular or pedestrian traffic. Finished Floor Elevations The finished floor elevations for all buildings constructed on a residential lot will not exceed three (3’) feet above the crown of the road, nor be less than nine (9”) inches above the crown of the road. The finished floor elevation cannot be less than three (3) blocks above the finished grade. Structure Siting and Building Area All Lots will be sited to contain the following areas: The Total Lot Area shall mean the entire property contained within the boundaries of the Lot. The Building Area (Building Zone “BZ”) shall mean that portion of the lot where the building and ancillary structures plus all other uses that are allowed in the Landscape and Hard Surface Area are permitted. The Hard Surface Area (Hardscape Zone “HZ”) shall mean that portion of the lot that contains outbuildings or walls, horizontal hard surfaces such as patios, sidewalks, driveways and landscaping. The Landscape Area (Landscape Zone “LZ”) shall mean that portion of the Lot that contains landscaping, walks and driveways. On certain lots, authorized workshops may be incorporated into the rear landscape plans, but in no case shall they exceed two-hundred (200) square feet in size, fifteen (15’) feet in height to roof ridgeline.

  26  

Variance Due to their configuration, certain Lots may require variances to these Standards and Guidelines. The ARC will consider variance requests on a case-by-case basis and approve them where appropriate. Placement of Residence The placement of the main residence or ancillary structures within the Building Area shall be in the most advantageous position to ensure that no tree(s) are unnecessarily disturbed and that the view and privacy of the surrounding residences are not adversely affected. Size of Residence The living area of each residence in Blocks A, B, D and E shall contain a minimum of two-thousand (2,000) square feet of conditioned living area, exclusive of garages, porches, patios and terraces. The living area of each residence in Blocks C and F shall contain a minimum of two-thousand, two-hundred (2,200) square feet of conditioned living area, exclusive of garages, porches, patios and terraces. The maximum height of any residence shall be thirty-five (35’) feet measured from the crown of the road to the roof ridge line with no more than fifty (50%) percent of the total square footage of the residence located on the second level. The first floor of a multi-story residence shall contain a minimum of fourteen-hundred (1,400) square feet of conditioned living area, exclusive of garages, porches, patios and terraces. Foundation and Fill Structures may utilize stem wall construction to bring the finished floor to the established elevation. Wherever possible, the elevation of the natural grade of the residential Lot shall remain undisturbed and a minimum of fill shall be used for landscaping purposes.

  27  

Site Zone & Improvement Illustration (Diagram Only – Not to Scale) 12” Ribbon Curbing HZ BZ 20’ Natural Landscape Buffer Pools, Patios, Outbuildings Walls & Fences Driveways & walkways STREET Exterior lighting Area BZ=Building Zone HZ=Hardscape Zone LZ=Landscape Zone 15-Foot Sidewalk Easement R.O.W.

  28  

  29  

Claire’s Vineyard Architectural Standards & Criteria

The following is a list of site and construction elements regulated by the ARC. Details regarding ARC standards and regulations for each element are discussed in alphabetical order. Ancillary Structures An Ancillary Structure is a detached structure from the main residence and should be located within the Building Zone (Zone BZ) of the Lot. Ancillary structures could be garages, a guesthouse or cabana. These structures must be of the same architectural design, material, roof pitch and color as the main residence. Architectural Design The use of “traditional” architectural designs is encouraged with an emphasis on the use of authentic materials. Since no particular design is mandated, each plan shall be considered on an individual basis. Specific emphasis will be placed on impact and harmony with surrounding homes and styles. Decks and Balconies Decks must be located within the Building Zone or Hard Surface Zone areas. The configuration, detail, and railing design should relate harmoniously with the architectural style of the house. Wood decks must be constructed with rot-resistant wood and, in most cases, may be left to weather naturally. In some instances, the ARC may require that the deck be stained to coordinate with the neighborhood design or to help integrate the deck with the house. If staining is required, the color must relate to the colors of the house. When a deck is on the first level, a skirt board or ninety (90°) degree right angle lattice must be constructed and landscape planting shall be provided to screen structural elements as well as soften the structure visually. Balconies can be an integral design element of a residence but they may also affect the privacy and right of enjoyment of adjacent residents. These two factors are carefully considered in the review of decks and balconies. The only street limitation by the ARC is that screening cannot enclose balconies.

  30  

Driveways and Walkways All residences shall have a driveway of at least ten (10’) feet in width to a maximum of twelve (12’) feet in width at the front property line with three (3’) foot flare at curb intersection. Driveways shall be located a minimum distance from the side property line as illustrated by the ARC on the site plan illustration. Finished, pattern concrete, pavers, and impregnated stone finishes are permitted. Driveways may also be constructed of brick or interlocking pavers, but must be of a stable and permanent construction. Asphalt, blacktop, and loose gravel are not permitted. Circular driveways may be permitted on a Lot-by-Lot basis and only when the two access points occur on the same street. On street parking is not permitted, with the exception of model locations and for formal gatherings which may occur on an occasional basis. No trucks, campers, trailers, boats, or recreational vehicles are permitted to be parked on any Lot for an extended period of time, unless they are fully enclosed within the garage. Driveways shall be continuously constructed through each sidewalk where they intersect without damaging, discoloring or in any way altering the integrity of the sidewalk. The finished grade of the driveway must not alter the existing drainage patterns and shall conform to the criteria as noted under “Procedures for Final Grade”. Walkways from the entrance of the residence to the driveway and/or sidewalk shall be of the same pavement materials as required for the driveways. The walkways must be of a material that is either the same as that of the driveway or one, which is compatible and harmonious to the driveway and residential structure. With a few exceptions, community sidewalks must be installed on every Lot as part of the pedestrian system. They must be concrete, be five (5’) feet in width and be scored every five (5’) feet. The location will be identified on each Lot by the ARC and shall occur in the fifteen (15’) foot sidewalk easement area or the right of way. Elevation All elevation treatments shall follow the common architectural design of the residence as closely as possible. The elevation of each residence will be considered on a case-by-case basis to assure conformance to the surrounding residences. Elevation approval shall be given after the review of the front, side and

  31  

rear elevations. A similar or like elevation may not be built on any two (2) Lots adjacent to, or across from, the approved elevation for a Lot. Exterior Lighting The ARC must approve all exterior lighting prior to installation. Proposed exterior lighting shall be detailed on an electrical plan and/or landscape plan identifying wattage, aiming angle and isofoot candle curves. Exterior lighting, which in the opinion of the ARC would create a nuisance to other property owners, will not be permitted. Lighting fixture design must be compatible with the architectural design and appropriately located. The lights must be directed downward, diffused, shielded, or of low wattage. All exterior lighting shall be located in the zones BZ or HZ, buffered from surrounding residences and shall not be directed to any streets or roadways. Exterior Material and Colors Simulated and/or imitation materials such as aluminum siding, simulated brick and vinyl siding are not permitted on the exteriors of a residence. The following exterior materials are acceptable and appropriate when they are consistent with the architectural design: Stucco – smooth or textured finish Stucco over Brick – smooth or textured finish Masonry – stone, brick, split rock, ceramic and marble Wood – timbers, boards, tongue and groove, rough-hewn lumber, wood shingles and shakes Exterior colors and textures that, in the opinion of the ARC, would be inharmonious shall not be permitted. The color of the roof and roof detail, exterior walls, doors, trims, soffit and fascia must be harmonious, as these are integral to the exterior scheme of the residence. Bright colors, with the exception of white, as the dominate color of the residence are prohibited. The ARC shall have final approval of all exterior color plans. Each Owner or Builder must submit a color plan and materials sample board that includes stucco, fascia, soffit, decking, pavers, roof tile, and building highlights to the ARC prior to initial construction and development on any Lot. If a color board is not available at this time, the minimum requirement is submission within thirty (30) days after permitting.

  32  

Garbage and Trash Containers All garbage and trash containers shall be placed within the garage or screened from view in an enclosed or landscaped area. Sanitary, capped containers will be required. Garages Each residence must have a private, fully enclosed garage for not less than two (2) cars. The minimum acceptable dimension is twenty-two feet by twenty-five feet (22’ x 25’). In most cases, garages must be attached to the main dwelling and in keeping with the architectural style of the residence. Detached garage structures may be permitted. The location must be within the Building Area of the Lot and shall be unobtrusive and not distracting to adjoining neighbors. The ARC must approve the location of a detached garage structure. Carports are not permitted. Side loading garages are required with garage doors being on the side of the main dwelling and not facing the street fronting residence. In the case of corner Lots, the garage doors must not be visible from both streets. Access to corner Lots shall be from the least traveled street, as determined by the ARC. Double garage doors shall be a minimum of sixteen (16’) feet in width. Doors for individual stalls shall be a minimum of nine (9’) feet in width. Automatic garage door openers are required on all overheard doors. Gutters and Downspouts The painting of gutters and downspouts to match the color of the surface to which they are attached is encouraged. Storm water must flow in a direction conforming to the approved drainage plan requirements and so as not to affect adjacent property. Mailboxes and House Numbers No mailbox, newspaper box or other receptacle of any kind for uses in the delivery of mail, newspapers, magazines or similar material shall be of a type other than the required mailbox design. The ARC must approve the location of the mailbox. House numbers must be on the mailbox and must be legible, simply designed in an appropriate scale, and of “professional” quality. They shall be placed to be read left to right with Arabic numerals. House numbers placed on the Residence shall be compatible with the architectural style of the residence to which they will be attached.

  33  

Mechanical equipment, Antennas and Satellite Dishes All privately owned electrical, electronic and mechanical equipment, including air conditioning compressors and condensers, swimming pool equipment, sprinkler controls, transformers and meters shall be properly housed within an enclosure structure or screened or landscaped so that they shall be placed within the rear one-third (1/3) of the Building Area of the Lot and not be visible from the street or adjacent property. No window or wall air conditioning or heating units shall be permitted. Antennas and satellite dishes exceeding 39 inches are prohibited. Roofs and Chimneys Cement tile, clay tile, cedar and 240lb or greater asphalt dimensional shingles are the only recommended materials for all pitched roofs. Other materials may be considered by the ARC on an individual basis. Three tab shingles are not permitted. The proportions of roofs shall be consistent with the architectural style of the residence. The minimum required pitch for roofs is 6:12 on two-story and 7:12 on single-story. The ARC will consider variations in roof pitch and materials on a case-by-case basis and must approve such variation prior to installation. We recommend that all flashing and chimney caps be painted to match the approved roof colors if applicable. Roof stacks and vents should be placed on rear slopes of the roofs where they are least visible from adjoining property and from the street. Roof stacks and vents shall not extend above the ridgeline of roof pitch. A parapet roof may be allowed if it is not a dominant feature of the building and is consistent with the architectural style of the residence. Screened Porches, Enclosures, and Patios If pool areas are to be enclosed, screened cages are encouraged. The screened cage must not exceed a height above the roofline of the roof. No screening of the pool area may exceed a line extended and aligned with the side walls of the dwelling. Pool screening shall not be visible from the street in front of the residence. All screen framing, doors, doorframes, and structural members of the enclosure shall be anodized or electrostatically painted in a color in harmony with the exterior color and texture of the residence. Green colored screens are prohibited. Patios can be located within the Hardscaped Zone area of the lot at the rear of the residence. Front and side yard locations will be reviewed on an individual basis but are generally discouraged by the ARC. Patios should be constructed with natural colored concrete, slate flagstone, brick or wood, “cool deck”, tile poly pebble or stamped concrete.

  34  

Septic Tanks A lack of local sewer facilities has necessitated the use of Septic Tanks in Claire’s Vineyard. Builders should use every effort to design drain fields in such a way as to minimize destruction to the remaining vegetation. Due to the silt & clay content of the soil in parts of the development, Equalizer Chambers or their equivalent must be incorporated into the septic system and drain field design. Signs and Flag poles Signs, billboards, and advertising structures are prohibited on any Lot except the ARC pre-approved builder sign and doc box. If the ARC permits any other signage it shall determine size, color, content and location thereof. No sign shall be nailed or attached to a tree. A flagpole for display of the American Flag and/or a flag representing the State of Florida, United States Army, Navy, Air Force, Marine Corps, Coast Guard or POW-MIA (not to exceed 4 ½ feet by 6 feet) shall be permitted. Any additional flag previously listed must be equal in size or smaller than the United States flag. A freestanding flagpole will be no higher than 20 feet. Placement of the flagpole is subject to ARC approval. No flagpole shall be used as an antenna. Skylights and Solar Collectors Skylights should have a low profile, preferably flat or slightly curved. They should be installed parallel with the roof ridge and edges. The skylight frame should be painted to match the color of the roof. Solar collectors on pitched roofs must lie flat on the roof and be placed so that the edges are parallel with, and perpendicular to, the roof ridge and edges. No part of the installation may be visible above the ridgeline. All pipes, wires and control devices should be concealed. Collectors located on the ground must harmoniously integrate with the building or the topography. Collectors shall not be visible from any street or any other residential property. Large solar arrays, designed to provide the primary heating source for a building, shall appear to be integral with the building. Swimming Pools, Spas, Hot Tubs, Tennis Courts & Play Equipment The ARC must approve swimming pool design and construction. Details pertaining to privacy or visual separation must be included in the submittal. All swimming pools must be in-ground. Raised decks, spa areas, etc. shall not project more than two (2’) feet above the finished grade. Pools shall not be permitted on

  35  

the street side or side yards of the residence unless they are incorporated into a courtyard design, nor shall any portion of a pool, decking or enclosure be permitted to extend outside the Hardscape Zone of the Lot as indicated on the Site Plan Improvement Illustration. Spas and hot tubs shall be located in the rear of the building Zone or Hardscape Zone areas, shielded from adjacent property so that their use, presence, and mechanical noise do not adversely affect the use of the adjacent property. They should be an integral part of the deck, patio, or be landscaped. Tennis courts will not be permitted. Walls, Fencing, Gates Walls and fencing can be an intrusion on the character of Claire’s Vineyard and may have both a visual and physical on adjoining property. The Developers have envisioned the use of landscaping and landscaping barriers to provide lot divisions and the additional privacy that a fence would typically provide. Decorative entry walls, entry gates, courtyard walls and privacy walls surrounding and abutting pool decks are considered structures appurtenant to the residence and may be allowed within the Building Zone of the Lot or in the rear of the Hardscape Zone as indicated on the site zone illustration. No fence or wall is permitted in the Landscape Area of the Lot. The ARC, prior to construction and installation, must approve the fencing or wall material and location. No solid wall fence or fence over four feet (4’) in height, exclusive of pillars or ornaments, will be allowed in the rear of the Hardscape Zone. No wall or fence over six feet (6’) in height will be allowed in the Building Zone. No wall or fences may exceed an average height of six feet (6’) measured from the first floor finished elevation. Fencing or walls should relate to materials, colors, and architectural style of the building. Gates must match the fencing or wall design, material, height, and color. The top of a gate must be straight and flush with the top of the fence or wall. Fencing finished on only one side must be constructed with the finished side facing out. The top of all fences must be maintained level. If the ground slopes, the fences must be stepped. If there is a horizontal trim piece at the bottom of the fence, it too must be maintained level. Vertical members must be plumb, and generally, the tops of the posts and boards must be in line. Wherever possible, fences should be located so trees do not have to be removed. No chain-link or wire

  36  

fencing is permitted. Workshops & Outbuildings Workshops and Outbuildings, if approved by the ARC, must be in scale with the size of the yard and existing buildings and should be consistent with the architectural style of the main residence. They should be placed with the Hardscape Zone of the Lot. In Block D, workshops may be incorporated into the landscape design at the rear of the Lot. In all cases, they must be screened using natural vegetation or additional landscaping. Windows, Doors, Screens, Awnings and Shutters Unfinished aluminum, bright finished or bright plated metal on exterior doors, windows, frames, screens, louvers, exterior trim or structural members shall not be permitted. Metal frames shall be either anodized or electrostatically painted, and must be harmonious with the exterior color and texture of the residence. Wood frames must be painted, sealed or stained. Screening material must be standard black in color. No natural white or green screening will be allowed. Screen doors should not detract from or alter the appearance of the entryway. The screen door should be painted to match the color of the door it fronts, or in some situations, painted to match the color of substantial door trim. Screens are prohibited on the front entry doors. The use of reflective tinting or mirror finishes on windows is prohibited. Jalouise windows and doors shall not be permitted. Awnings and canopies shall not be permitted or affixed to the exterior of the residence without prior approval of the ARC. To be considered, Awnings must have a straightforward design and be consistent with the architectural style and scale of the residence to which they will be attached. The fabric color must be compatible with the Home’s existing colors, and any exposed frames must be painted to match the Home’s trim or dominant color. If the awning is removed, all exposed frames supporting the awning must be removed. Metal vinyl and plastic shade material will no be permitted. Shutters that are functional and operational will be allowed on a case-by-case basis. Shutters should be properly proportioned and sized to match the windows or door and shall be installed in pairs. The color should be coordinated with that of the house. ARC approval will depend upon whether the style of the house is appropriate for shutters.

  37  

Claire’s Vineyard Landscape Standards and Criteria

The following is a list of landscape elements, materials, design concepts and procedures regulated by the ARC. Details regarding ARC standards, rules and regulations for each element are discussed in alphabetical order. Applicability of Landscape Standards The following landscape standards shall apply to all Lots within Claire’s Vineyard. The ARC has adopted these standards as an integral part of the Claire’s Vineyard Architectural Criteria and Design Guidelines. No landscaping shall commence in any respect until the ARC has approved the landscaping plan. Community-Wide Landscaping Maintenance Standards Owners of single family Lots in Claire’s Vineyard shall maintain the landscaping on their property in a clean and attractive manner. Landscaping shall in no way detract from the appearance of the neighborhood. Landscape maintenance shall include, but is not limited to, the mowing and edging of all lawn areas; the pruning and cutting of all trees and shrubbery; the weed removal from all planting beds and the fertilizing and watering of all plant materials and lawn. All landscape maintenance shall be executed in a manner and with such frequency as is consistent with good property management. If any Lot becomes unattractive in appearance due to negligence or plant material has become detrimental to adjoining property Owners, the Association shall have the right to remedy the condition in question at the expense of the Owner. In the event this occurs, the Owner of the Lot involved will receive fourteen days (14) notice of the proposed action to be taken, thus allowing time for rectification. The Association shall further have the right, upon like notice and conditions, to care for the vacant or unimproved property that has become undesirable in appearance, all at the expense of the Owner. All expenses must be paid to the Association upon demand. If payment is not received within thirty days (30), the matter will be turned over to the Association attorney for lien process initiation. Existing Vegetation All Lot preparation must be carefully planned to minimized unnecessary destruction of existing trees and vegetation. Larger (significant) trees should be

  38  

identified in the site plan. The Committee encourages the utilization of existing vegetation, wherever possible, to preserve the natural character of the Lot. With the exception of the driveways, building pad and lawn areas, natural vegetation should be left undisturbed. Hedge Planting for Screening Berms for screening will not be permitted. Plant material used for screening must be a minimum of twenty-four inches (24”) in height and planted to achieve a minimum of four feet (4’) height and eighty percent (80%) of capacity within two (2) years of installation. Irrigation System All Lots are required to have a fully automatic underground irrigation system for irrigation of the sod and landscaping. Coverage shall be one-hundred (100%) percent of the landscape and sodded areas. Irrigation coverage for each Lot will extend to the street curbing so as to irrigate landscaping included in the street right of ways. The system must be designed to minimize collateral spray over the sidewalk or into the street. Owners must maintain their system for efficient conservation of water usage. Landscape Plan A landscape plan shall be submitted to the ARC prior to any and all installation of plant material, irrigation system, sod and any other improvement that shall alter or modify the landscape or the Lot. Plant Palette To ensure a unified landscape theme throughout Claire’s Vineyard, the ARC has established a recommended plant list. This list should be utilized as a guide for all proposed landscape material. The ARC, as part of the landscape plan review, shall approve proposed plant material unless the proposed plant material is selected from the recommended plant and tree list included herein. Planting Beds Another condition of the landscape plan is the inclusion of planting beds and shrubs within the front, side and rear yard areas. The front yard must have a minimum of forty percent (40%) of the proposed planting beds and shrubs, with a minimum of thirty percent (30%) located in the rear yard area. All planting beds will be kept free of weeds and unsightly materials. The mulch of the planting bed must be hardwood, mulch, bark chips, pine straw, plant material or other material

  39  

similar in appearance to these. The ARC must approve the mulch material as part of the landscape plan review.

Sod

St. Augustine grass shall be used as sod on all Lots. Those areas receiving other landscaping, areas receiving constructed improvements and areas that the ARC deem unnecessary for sod, due to its existing natural character, will not have sod. Sod must be carried to the edge of pavement of all adjacent public or private streets in addition to meeting pre-existing sod around streets or Common Areas. Sod limits must be shown on the landscape plan for ARC approval. Florida friendly-landscaping or St. Augustine grass shall be used as sod on all lots (with St. Augustine being the preferred choice for sod) Tree Planting Claire’s Vineyard subdivision is blessed with an abundance of beautiful trees. The Developers envision tree-lined streets with canopies that shade the subdivision during the hot summer months and block cool northern winds in the winter. The ARC encourages the Owner or Builder to supplement all landscape plans with trees to enhance the neighborhood’s character and image. Each building site is required to have one (1) six inch (6”) caliper or greater tree for every three-thousand (3,000) square feet of Lot area. For example, a building site of eighteen-thousand (18,000) square feet would require six (6) trees. 18,000 feet divided by 3,000 feet = 6 trees In addition, each building site is required to have at least three (3) street trees, four (4) if a corner Lot, planned within the front fifteen foot (15’) sidewalk easement area of the Lot as established by the site plan or survey. If there are existing trees within the fifteen foot (15’) easement, the following point system would be in effect: Diameter of Tree At 12 inches above grade: 12 inch or more caliper = 2 tree credits 4 to 12 inch caliper = 1 tree credit Where additional tree planting in the sidewalk easement is required, one Florida Grade Fancy No. 1 Live Oak or Red Oak tree with a minimum two (2”) inch

  40  

caliper measured twelve (12”) inches above the ground shall be used. The tree should be at least twelve (12’) feet in height with a minimum spread of eight (8’) feet. Other trees shall have a caliper of three (3”) inches measured twelve (12”) inches above ground. They should be twelve (12’) to fourteen (14’) feet in height and have a minimum spread of six (6’) feet. To ensure a cohesive, woodland feeling in the community with a like canopy, fifty percent (50%) of proposed trees should be taken from the indigenous species list included in this manual. Thirty percent (30%) of all planted trees should be shade trees with a mature crown of a thirty-foot spread. Approximately fifty percent (50%) of all trees should be in the front yard and at least thirty percent (30%) of all trees should be in the back yard.

  41  

Landscape Definitions A. Caliper – Trunk diameter measured twelve (12) inches above the ground. B. Canopy – The horizontal measurement of a tree crown. C. Drip Line – Vertical line extending from outermost branches to the ground. D. Ground Cover – Low growing woody or herbaceous other than turf not over two (2) feet zero (0) inches. E. Hedge – Landscape barrier consisting of continuous dense planting of shrubs. F. Irrigation System – Permanent water system designed to transport water to plants and shrubs. G. Landscaping – Combination of plants (turf, ground cover, shrubs, vines, hedges, trees) and non-living material (rocks, pebbles, sand, mulch, walls, fences). H. Mulch – materials used to retard weed growth, retain moisture, repel pests and reduce corrosion. I. Plant Material – All existing growing plants plus ones to be added to site. J. Screening – Hedge, wall fence and/or thicket that occludes views or structures. K. Shrub – Self-supporting plant with multiple stems and branches growing to a mature height of two (2) feet zero (0) inches to twelve (12) feet zero (0) inches. L. Tree – Self-supporting wood plant with single or multiple trunks growing to a mature height of over twelve (12) feet zero (0) inches.

  42  

Recommended Plant & Tree List NOT ALL RECOMMENDED PLANTS WILL WITHSTAND EXTREMELY COLD WEATHER. LANDSCAPE DESIGNERS ARE CAUTIONED THAT TEMPERATURES AS COLD AS 20 DEGREES FAHRENHEIT MAY BE ENCOUNTERED FROM TIME-TO-TIME IN THE NORTHWEST FLORIDA REGION. Groundcovers Botanical Name Common Name Agapanthus Africianus Peter Pan Ajuga genevensis Geneva bugleweed Aspidistra elatior Cast Iron Plant Euinymus fortunei Running strawberry bush Hedera Helix English ivy Juniperus conferta Shore juniper Juniperus horizontalis “plumosa” Andoria juniper Lantana Camara “Horizon” Horizon Lantana Lantana montevidensis Weeping Lantana Liriope spp Lily-turf Ophiopogon japonicus Mondo Vinca major Periwinkle Vinca minor Dwarf periwinkle Vines Botanical Name Common Name Asparagus plumosus Plumosa Asparagus Fern Campsis radicans Trumpet creeper (N) Clytosoma callistegiodides Painted trumpet Ficus pumila Climbing fig Gelsemium sempervirens (P) Carolina yellow-Jessamine (N) Passiflora spp. Passion Flower Trachclospermum jasminoides Confederate-jasmine Wisteria sinensis Chinese wisteria Fatshedra Lizei Fatshedra Allmanda Cathartica Common Allmanda

  43  

Small Shrubs Botanical Name Common Name Berberis thunbegii atropurpurea Japanese barberry Buxus harlandi Harland boxwood Buxus microphylla cv. Japonica Japanese boxwood Fatshedera lizeci Botanical Wonder Gardenia jasminoides “postrata” Dwarf cape-jasmine (Gardenia) Hydrangea macrophylla Hydrangea Hex crenata Japanese holly (Drawf) Jasminum floridum Showy jasmine Ligustrum sinensis variegata Varuegated Chinese Privet Pyracantha spp. Drawf firethorn Rhapidophyllum hystrix Needy palm Rhododendron obtusum Kurume azalea Serissa foetida Serissa Yucca smalliana Adams-needle Zamia integrifolia Coontie palm Medium Shrubs Botanical Name Common Name Abelia grandiflora Glossy abelia Ardisia crenata Coral ardisia Aucuba japonica variegata Gold Dust Plant Buxux microphylla japonica Japanese boxwood Callistemon rigidus Stiff Bottlebrush Euonymous japonicas Evergreen Euonymous Gardenia jasminoides Cape-jasmine (Gardenia) Hex cornuta “Burfordi” Burford holly Jasmininum mesnyi Primose jasmine Juniperus chinensis Pfitzer juniper Lantana camara Common lantana Nandina domestica Nandina Photinia glabra Japanese photinia Podocarpus macrophylla maki Japanese Yew Pyracantha coccinea Firethorn Rhaphiolepis Indica “Alpa” Dwarf White Hawthorn Phaphiolepis Indica “Majestic Beauty” Majestic Beauty Hawthorn Rhododendron indicum “Red Ruffle” Red Ruffle azalea

  44  

Botanical Name Common Name Severinia buxifolia Chinese boxorange Spiraca contoniensis Reeves spirea Trachycarpus fortune Windmill palm Viburnum suspensum Sandandwa viburnum Large Shrubs Botanical Name Common Name Camellia japonica Camellia Camellia sasanqua Sasanqua camellia Chamacrops humilis Europen fan palm Cleyera japonica Clyera Elaeagnus pumgens Silverthorn Fatsia japonica Fatsia Feijoa sellowiana Pineapple guava (Feijoa) Hydrangea macrophylla Hydrangea Hex vomitoria Yaupon Illicium anisatrum Japanese Anise-tree Illicium parviflorum Dwarf Anise Ligustrum japonicum Japanese privet (Glossy) Michelia fuscata Banana shrub Nerium oleander Common oleander Osmanthus spp. Osmanthus Photinia serrulata Chinese Photinia Pittosporum tobira Japanese pittosporum Pittosporum tobira “Variegata” Variegated pittosporum Pyracantha koidzumi Formosa firethorn Thuja orientalis Arborviatae Vitex agnus-castus Chaste Tree Yucca alifolia Spanish bayonet

  45  

Small Trees Botanical Name Common Name Butia capitata Butia palm Cornus florida Flowering dogwood Gordonia Lasianthus Loblolly Bay Hex opaca “Savannah” Savannah holly Livistona chinensis Chinese fan-palm Magnolia liliflora Saucer Magnolia Myrica cerifera Wax Myrtle Parkinsonia aculeate Jurusalem-thorn Viburnum odoratissimum Sweet viburnum Lagerstromia Indica Crape Myrtle Large Trees Botanical Name Common Name Acer rubrun Red Maple Cinnamomum camphora Camphor Tree Hex Opaca American holly Magnolia gradiflora Southern Magnolia Phoenix canariensis Canary Island date palm Pinus spp. Pine Podocarpus spp. Podocarpus Quercus falcate Southern Red Oak Quercus laurifolia Laurel Oak Quercus phellos Willow Oak Quercus virginiana Live Oak Sabal palmetto Cabbage palm Washington robusta Mexican Washington Palm Liqvidambar Styraciflua Sweet Gum

  46  

Controlling Design Codes & Concepts The following summarizes those design codes and concepts that serve as a foundation upon which the remaining manual is based. 1) To preserve the natural, heavily wooded character of the community. 2) To preserve the natural landscape barrier that circles the community and offers additional privacy for homeowners. 3) To encourage the use of professionals in the field of planning, architecture, landscape architecture, engineering and surveying. 4) To emphasize the exterior aesthetics in architectural design and detail. 5) To encourage the use of reputable contractors and sub-contractors, the and use of high-grade, superior quality construction materials and techniques. 6) To maintain compliance with all Deed Restrictions found in the Declaration of Covenants and Restrictions. 7) To require each home to be pre-wired for cable TV and telephone and to encourage the installation of additional conduit to meet future technological needs. 8) To require two car garages and require side-loading entry designs. 9) To require that each Lot site design conform to the building area, hard surface and landscape areas established for each Lot. 10) To encourage the use of natural landscape barriers instead of fencing whenever possible.

  47  

EXHIBIT A

P.O. Box 211 ~ Crestview ~ Florida ~ 32536

BUILDER APPLICATION

To be an approved builder in Claire’s Vineyard, you must complete this application in full and mail to the above address. Builders must be approved BEFORE they can submit plans to the Architectural Review Committee (ARC)

  48  

P.O. Box 211 ~ Crestview ~ Florida ~ 32536

Builder Qualifications

The Architectural Review Committee insists that the quality of the construction of homes be in keeping with our standards for excellence in design. Architectural designs are simply plans. Execution of those plans requires experience. It is for these reasons that we require an application and have set the following criteria for approval of Builders. All Builders must be pre-approved by the Architectural Review Committee for each residence to be built within Claire’s Vineyard. Builders are approved to construct homes on specific lots, and blanket approvals will not be granted. The Claire’s Vineyard lot owner and lot number must be included on each application. The fact that a Builder may be approved does not constitute a guaranty by the ARC of the Association of the quality of work. The Builder shall handle all construction defects. The owner shall rely upon the warranty provided by the Builder to correct any defects. See enclosed Builder Application Forms.

1. The Builder must be a state-licensed general contractor and submit a completed Builder Application Form to the ARC.

2. The Builder must have at least five (5) years experience in building custom, single-family homes.

3. The Builder must provide pictures, along with the names, address and telephone numbers of custom homes built during the last three (3) years and a recommendation from at least three (3) homeowners.

4. The Builder must supply a letter from a lender which establishes his financial ability to construct a custom home and that attests to the Builder’s financial stability over the last three (3) years.

  49  

CVOA Builder Application Form

Name: ______________________________ Title: _______________________ Home Address: ____________________________________________________ Street Apt. or Suite ____________________________________________________ City State Zip Code ____________________________________________________ Home Phone Date of Birth Social Security Actual Corporate Name: ____________________________________________ Trade Name: ______________________________________________________ Parent Company Name: _____________________________________________ Address: ____________________________________________________ Street Apt. or Suite ____________________________________________________ City State Zip Code Phone ____________________ Fax ______________________ Is the firm a Florida corporation, partnership or sole proprietorship? Corporation ______________________ Partnership ______________________ Sole Proprietorship ______________________ Other _____________________

  50  

CVOA Builder Application Form

OFFICERS (IF APPLICABLE) (Please list all corporate officers)

Name Social Security Number Chairman: _________________________ _______________________ President: _________________________ _______________________ Vice Pres: _________________________ _______________________ Secretary: _________________________ _______________________ Treasurer: _________________________ _______________________ Other: _________________________ _______________________ Contractor’s License Number: State ___________________________________ County _________________________________ CVOA owner for whom you are building: Lot ____________ OR Lot on which you are building a custom home: Lot ____________ Please briefly describe what you are going to build and list its selling price. __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________

  51  

CVOA Builder Application Form General Information

How long has the firm been in business under the current name listed above? _________________ How many residential units has the firm built and completed in the five (5) most recent years? ____________: __________________________________________________ Year ____________: __________________________________________________ Year ____________: __________________________________________________ Year ____________: __________________________________________________ Year ____________: __________________________________________________ Year Attach references for owners of the homes you have built in the last two (2) years. Include owner’s name, address, phone number and the address of the home completed if different than the mailing address. Also include the square footage and construction cost of the home. Is the firm, offices or principles currently in default on any loans or involved in any type of foreclosure proceeding? ___________ ___________ Yes No Has the firm, offices or principles been in default on any loans or involved in any type of foreclosure proceeding within the last (10) years? ___________ ___________ Yes No Have any complaints been filed against the firm with the Better Business Bureau, Bureau of Consumer Protection or any other consumer agency? ___________ ___________ Yes No

  52  

CVOA Builder Application Form Are any of the firm’s officers/principles licensed real estate brokers or salesman? ___________ ___________ Yes No If YES, please list names and brokerage firms where license are currently active. Name: _______________________________ Firm: ______________________ Name: _______________________________ Firm: ______________________ Name: _______________________________ Firm: ______________________ Name: _______________________________ Firm: ______________________

Principles Please list principles owning 10% or more.

Name: ____________________________________________________________ Name: ____________________________________________________________ Name: ____________________________________________________________ Name: ____________________________________________________________

Subcontractor/Supplier References Please list subcontractors and material suppliers with whom you are primarily doing business.

Firm Contact Phone Plumbing: _____________________ _____________________ _____________

Electrical: _____________________ _____________________ _____________

HVAC: _____________________ _____________________ _____________

Roofing: _____________________ _____________________ _____________

Trusses: _____________________ _____________________ _____________

Lumber: _____________________ _____________________ _____________

Concrete: _____________________ _____________________ _____________

  53  

CVOA Builder Application Form Financial References

Please list ALL lenders with whom the firm currently has bank accounts and construction loans.

Lender Branch Contact ______________________ ______________________ __________________

______________________ ______________________ __________________

______________________ ______________________ __________________

______________________ ______________________ __________________

Organizations Builder Associations, Community Associations, Civic Organization, etc.

__________________________________________________________________

__________________________________________________________________

__________________________________________________________________

__________________________________________________________________

__________________________________________________________________

__________________________________________________________________

__________________________________________________________________

__________________________________________________________________

__________________________________________________________________

__________________________________________________________________

__________________________________________________________________

__________________________________________________________________

__________________________________________________________________

__________________________________________________________________

  54  

CVOA Builder Application Form As an authorized agent, the undersigned submits the above information and attachments as being true and correct and authorizes the Claire’s Vineyard Architectural Review Committee to utilize such information and make investigations concerning the undersigned officers/principles and firm as may be deemed necessary and prudent. Signature: _______________________________

Print Name: _____________________________

Title: ___________________________________

Date: ___________________________________

I have read the Declaration of Covenants, Conditions and Restrictions for CVOA and also the Owners Manual, Architectural Guidelines for CVOA, which outlines architectural criteria and design guidelines.

In light if this, I understand that should there be any violations, that a portion or all of my construction deposit may be forfeited.

I understand that the ARC is empowered to make periodic inspections and to fully enforce Claire’s Vineyard policies.

Signature: _______________________________

Print Name: _____________________________

Title: ___________________________________

Date: ___________________________________

  55  

CVOA Builder Application Form

Please Attach:

1. Current Construction Activity including address and cost of construction 2. Letters of Recommendation from three (3) homeowners including their names, addresses, and phone numbers. 3. Proof of Workman’s Comp and General Liability Insurance. 4. Three (3) personal reference letters. 5. Two (2) letters of reference from lending institutions. 6. a. If building a speculative home, include financial statement and a Financial Stability Letter from your lender. This should state that you have the funds necessary to complete the project. b. If building a custom home, provide a Financial Stability Letter only. 7. Pictures of past custom homes built within the last five (5) years. Date Received: ___________________________

Received By: _____________________________

Date Approved: __________________________

Approved By: ____________________________