I r D) - Clearwater Island Townhomesclearwaterislandtownhomes.com › documents › dec_covenants.pdflocated on Brightwater Drive in Clearwater Beach, Pinel/as County, Florida, on

I#: 2006117495 BK: 15022 PG: 631, 03/30/2006 at 03:47 PM, RECORDING 31 PAGES$2-155.00 KEN BURKE I CLERK OF COURT PINELLAS COUNTY I FL BY DEPUTY CLERK:CLKDU08

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This doc~ment prepared by {,~"rZReturn to: Lane & Associa(~s~cj,A.Paul" Camp Lane, Attorney{ \. '-; )7087 Grand National Dri""J.... -- /Suite 100 / /i/";;--"

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I MAR (l 3 2008

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, ISLAND TOWNHOMES

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DECI;A~116N OF COVENANTS, CONDITIONS AND RESTRICTIONS....-, '\~.":" /

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({HI$'"t)ECLARATION, made on the. date hereinafter set forth, by CLEARWATERTOr~,~~t\J1ES, INC. a Florida Corporation, hereinafter referred to as "Developer".

(~~WHEREAS, Developer is the owner of the land described in Exhibit "A" attached.."o:e1§19J which it intends to develop under the name ISLAND TOWNHOMES, to be used for(~Jtffamily townhome residences with fee simple ownership along with areas designated by

<>Y$ayof Easement for common recreation and other needs; and........~-,,)

WHEREAS, the Developer desires to provide covenants, conditions and restrictionsconcerning the use of the property encumbered by this Declaration.

NOW, THEREFORE, for and in consideration of the premises and for other good andvaluable consideration, Developer, for itself and its successors, grantees and assigns, doeshereby restrict the use, as hereinafter provided, of all the property and improvements nowincluded or to be constructed in the future on the property described in Exhibit "A" (beinghereinafter sometimes referred to as the "Land"), and does hereby place upon the Land thefollOWing Covenants to run with the title to the Land, and the grantees, their heirs, successorsand assigns, of and under any deed conveying the Land, or any parts or portions thereof,shall be deemed, 'by the acceptance of such deed, to' have agreed to all of the Covenantsand to have covenanted and agreed to observe, comply with, and be bound by theCovenants, Conditions and Restrictions hereinafter set forth.

ARTiCLE I - DEFINITIONS

Section 1.01. The follOWing words and terms: when used in this Declaration or anysupplemental or amendatory declaration (unless the context shall prohibit or clearly indicateotherwise), shall have the following meanings:

(a) "Articles" means the Articles of Incorporation of the Association.

(b) "Assessment" means any periodic assessment, special assessment orother charge as described in Article VIII.

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PINELLAS COUNTY FL OFF. REe. BK 15022 PG 632

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i;~).(C) "Associ~ti'Q~i\ shall mean and refer to CLEARWATER ISLAND

TOWNHOMES OWNERS'(f~'SP~'CIATION, ,INC., a Florida nonprofit corporation, togetherwith its successors, legal,,r::ep~~§.entatives and assigns.' . ,

(J:.~.\ .(d) "Boar&.~~ri "Board of Directors" shall mean and refer to the Board of

Directors of the Association.<,~..........~~./~>

(e) lBy!~s" shall mean and refer to the Bylaws of the Association, as samemay be amended frOm-time to time.

~~'~,\,> \. . ~fP~6mmon Area" shall mean all rights and interests in those areas and

improvements tbkr.eon described, identified, and conveyed in that grant of Common AreaEasementA~iQ;...[)eveloper to' and for the exclusive benefit of the Association and itsMembers/~s)reiorded in,Official Record Book , Page of the Public Recordsof Pine!t~$..:GQunty, Florida, and to further include, together with the property which is thesubjec( 6f,!t:he' sovereignty submerged land lease, sea walls, dock walks, boat docks, boatlifts,/~\~¥ion buildings, swimming amenity with deck, if any, landscape, and elements ofthe i5t:!ff,a'~e water management for the development such as, but not limited to, pipes..cul\'leri€...~ells, retention areas and other structures.,r.:':::. '......~

l':~" "-:::'•.: (g) "Covenants" shall mean and refer to the covenants, restrictions,/'~~e?~e;"ents, affirmative obligations, charges and liens created and imposed by this

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(h) "Declaration" shall mean and refer to this Declaration, together with anysupplements or amendmentshereto. '

(i) "Developer" shall mean and refer to CLEARWATER TOWNHOMES, INC., aFlorida corporation, togetherwith its successors, legal representatives, grantees and assigns,including the purchaserof its interest at a foreclosure sale. Any rights specifically reserved toCLEARWATER TOWNHOMES, INC. in any instrument of conveyance shall not inure to thebenefit of its successors or assigns, unless such rights' are assigned by CLEARWATERTOWNHOMES, INC. in a recorded instrument to such successor or assignee, or suchsuccessor or assignee accepts the obligations of Developer. .

U) "Development" shall mean ISLAND TOWNHOMES residential community,located on Brightwater Drive in Clearwater Beach, Pinel/as County, Florida, on the realproperty described in Exhibit "AU attached hereto, and such additions thereto as mayhereafter be brought within the jurisdiction of the Association or encumbered by thisDeclaration.

(k) A Dock Space shall mean an area of the submerged land designatedexclusively for the docking, mooring or storage of a boat as depicted in Exhibit B attachedhereto, the use of which space has been assigned to a Member or it shall mean theexclusive right to use said space as the context so requires. The Association shall have theright to approve any modifications to the Dock Space including, but not limited to, theinstallation of any lifting mechanism, davits, electrical systems or supplemental mooring

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PINELLAS COUNTY FL OFF. REC. BK 15022 PG 633

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/~;~:~)poles, and shall have the r,ght:J&;impose a bond to insure all costs associated with suchinstallation are paid by the !}.1Ie~Wrs. .

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(I) "Drainag{:(" $Ystem" shall mean all structures, including culverts, pipes andswales, required to collect"arid convey rainfall runoff from Island Townhomes to the water......... ,......management tracts (i.e., "Drainage System" "Lake" and "Pond" as hereinafter defined)and/or related facilitief-Qn)nd/or adjacent to the Land. The Drainage System is located uponand designed to srrye:t~¢ Land and to tie into off-site drainage facilities and waterways.

," \;, ~~t r~/ ..(mj,~·"t:IRYvelling" shall mean and refer to a single family attached townhome

residence loc,?f~O)~J.:{a Lot. The word Dwelling may, when the context so requires, be usedinterchange9-.Wy·J:ferein with the words Lot and Unit.

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,/ /«R-)?,First Mortgagee" shall mean and refer to any institutional lender who holdsa first mJ1>tt9~!3 on a Lot or Dwelling Unit and who has notified the Association in writing of Itsinterest'i!=i!~he.'lot or Dwelling Unit. .

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(\'''\ '\'; (0) "Institutional Lender" shall mean and refer to one or more commercial orsB",Vir.igt.b'anks, savings and loan associations, mortgage companies, insurance companies,peitsiOFl' funds or business trust, including, but not limited to, real estate investment trusts

la{lQ'<a'-'lY other lender engaged in financing the purchase. construction or improvement of real/-;e-s.~te, or any assignee of loans made by such lender, or any private or government.al",.jh~jitution which has insured the loan of the lender, or any combination of the foregoing

entities.

(p) "Land" shall mean and refer to all of the lands and improvements describedin Exhibit "A" and any additions or amendments thereto.

. (q) A Limited Common Area shall mean all that part of the property withinthe Marina Area improved as a Dock Space and assigned to the exclusive use of a Member.

(r) "Lot" shall mean and refer to any area of real property, which is included inExhibit "A,n and is designated as such on a recorded Plat or conveyed by the Developer toan Owner, whether or not said Lot is improved with a. Dwelling Unit. A Lot may include anyportion or portions of any other Lots designated and described on the Plat when intended tobe used together for one Dwelling. The word "Lot" may, when the context so requires, beused interchangeably herein with the words "Unit" or "Dwelling".

(s) "Marina Area" shall mean that boat docking and mooring facilityconstructed upon the Land and the Submerged Land consisting of Dock Spaces,boardwalks, catwalks, tie poles .and other improvements for the use of Members of theAssociation. The submerged lands under the Marina Area are not-owned by the Developerand will not be transferred to the Association. In connection with the Docks and Marina area,Association or Developer has or will enter into a Submerged Land Lease with the State ofFlorida for the submerged lands adjacent to the Land. All expenses associated with anysuch Submerged Land Lease, including but not limited to rental payments, shall be and are aCommon Expense.

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/ ·~ l l'(t) "Member" ~haU~~~an and refer to those Owners entitled to membership as

set forth in Article VII. ( C\ ) ..l·~;'~~~·/

(u) "Notice'(&~~1\ mean and refer to:.\................ /

(i}. Written notice delivered personally or mailed to the last knownaddress of the intend'e.9'~,2ipient, in the manner set forth in the Bylaws of the Association; or

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':"" \{ti}:'~Notice published at least once each week for two consecutive weeksin a ne~spape~..lJ;~i\\J/general circulation in Pinellas County. Florida; or

/'..[~j)(iii) Notice given in any other m~nner provided in the Bylaws of theAssociati09:'';-' ,..:.:::'

t.' ~~/,: ~i ./}~'::-..1v) "Owner" shall mean and refer to the record owner. whether one or more

persons.,6'£-{eniities. of fee simple title to any Lot which is a part of the "Land".r' ......::~ "l(C\ f' (w) "Plat" shall mean and refer to any recorded or unrecorded subdivision map

or 4Ji~s,,6f all or a portion of the Land. ./1--::::'. "')-

(~~:::~~;." (x) "Regulations" shall mean and refer to any rules or regulations respecting/"the\ use of the Land that have been adopted by the Association from time to time in'--'aceordance with its Articles of Incorporation and Bylaws.

(y) "Unit" shall mean and refer to a single family Dwelling Unit situated uponthe Land. The word "Unit" may. when the context requires, be used interchangeably hereinwith the words "Lot" or "Dwelling".

ARTICLE 11- RESTRICTIONS

Section 2.01 - Lots. The Lots and Units shall be used for residential purposes only.No buildings or other improvements at any time situate on any Lot shall be used for anybusiness, commercial. amusement. school,' clubhouse, charitable, philanthropic ormanufacturing purposes, or as a professional office. No building or other improvementssituate on any Lot shall be rented or leased separately from the rental or lease 'of the entireLot and no part of any such building shall be used for the purpose of renting rooms therein oras a boarding house, hotel, motel, tourist or motor court or any other type of transientaccommodation.

Section 2.02 - Vehicular Parking. No vehicle shall be parked on any part of the Land,except on paved streets, paved driveways and in garages. No commercial vehicles, exceptthose present on business, and no trailers, boats, trucks, recreational vehicles, mobilehomes or motorcycles may be parked in the Development unless parked inside garages andconcealed from public view or are approved by the Association. All vehicles parked withinthe Development must be in good condition and repair, and no vehicle which does notcontain a current license plate or which cannot operate under Its own power shall be parkedwithin the Development outside of an enclosed garage more than twenty-four (24) hours, andno major repair of any vehicle shall be made within the Development. No garage shall be

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permanently enclosed or c9nYeJ:t~d to other usage other than for the parking of vehicleswithout the approval of the ~i.9A.i(ectural Review Board. Any and all approved enclosures orconversions must be ill 9o.TJ'l'PJlance with all building codes, laws, rules and regulations. Allgarage doors shall re.1'Dair\.9.!o$ed except when entering or exiting the garage. No drivewaysare a part of the commorrarea and the exclusive use of such shall be reserved to the Ownerof said Lot on which \t-Ls located for him or herself and the guests and invitees thereof.

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Section 2.0i";'t:lrnr' Plates and Mailboxes. A mailbox and the number of the residence .shall be centrally,.·lo~atea for all Units in the Common Area or on the Unit. The size, location,design, style.ap1J-4Yp~:i of material for each such mailbox and number of the residence shallbe as design~t,?d(~Yi)eveloper or approved by the Architectural Review.Board. Except forname plateJ3'.~{''tl'1iriform size and design approved by the Architectural Review Board, noOwner J'!l~y}~b¥3 any name plate to be affixed to any Unit, which may be seen from theCommon,:A'rea.',i

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Section 2.04 - Signs. No sign of any character shall be displayed or placed upon anyLot, ,e~~pVas such may be approved by the Architectural Review Board or no more than oneFot(....Sale} sign measuring no more than 12"x8" place in orte window of an unit. TheAss'ocjation may enter upon any Lot and summarily remove and destroy any signs erected in.'.ikiT~i.on of this paragraph. .

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<-::..)''''; ,,'" Section 2.05 - Aerials. No exterior radio or television mast, tower, pole, wire, aerial,"'satellite receiving station or dish, antenna or appurtenances thereto, nor any other exterior

electronic or electromagnetic radiation equipment, structures, devices of any kind shall beinstalled or maintained on the exterior of any Dwelling or on any portion of any Lot, except asmay be approved by the Architectural Review Board, and except where permitted by theFederal Telecornrnunications Act of 1996, as amended, provided the same is not visible fromany street and does not materially adversely affect any reception of any electronic products.

Section 2.06 - Electrical Interference. No electrical machinery, devices or apparatusof any sort shall be used or maintained in any Dwelling which causes interference withnormal telephone, television or radio reception of any other Dwellings.

Section 2.07 - Animals. No horses, mules, ponies, donkeys, burros, cattle, sheep,goats, swine, rodents, venomous reptiles, pigeons, pheasants, game birds, game fowl,poultry or guineas shall be kept, permitted, raised or maintained on any Lot, except aspermitted in this Section. No pitbull terriers are permitted within the Development.Household pets less than 75 pounds may be kept on a single Lot for the pleasure and use ofthe occupants. Barking and noise from pets is not allowed. If any of such permitted animalsshall, in the sale and exclusive opinion of the Association, become dangerous or anannoyance or nuisance in the Development, they may not thereafter be- kept in theDevelopment.

Section 2.08 - N.uisances. No illegal, noxious or offensive activity shall be permitted orcarried on any part of the Land or Development, nor shall anything' be permitted or donethereon which is or may become a nuisance or a source of embarrassment; discomfort orannoyance to the neighborhood or Development. No Occupant may play or suffer to beplayed any musical instrument, tape player, CD or DVD player, phonograph, radio, television

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/~:~j-")or other similar electronic d~y!qe:;jQ.)a Unit between the hours of 11:00 P.M. and the follOWing8:00 A.M., if the same sh~lkJB any manner disturb or annoy the other occupants of theDevelopment. No trash,/'9'~~a§e, rubbish, debris, waste material, or other refuse shall bedeposited or allowed to ~dc;.~n)ulate or remain on any part of the Land, nor upon any land orlands contiguous thereto.v-No fires for the burning of trash, leaves, clippings or other debrisor refuse shall be p!'>QTlit:t~d on any part of the Land. No bicycles, cars, trucks, vehicles,tricycles, scooters, yVagbh;S, carriages or other items of personal property shall be parked orpermitted to stand 'f6tahi period 'of time on the Common Area.

Section i~~\r~ccupancy. No unit in this Development shall be permanentlyoccupied by l1Ji'qrErL~an two individuals per bedroom. .

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Sectmll1 '2S0 - Clothes Lines. There shall be no exterior clothes lines or clothes poleserected, ,gIn'e(na~'outside clothes drying is permitted, except where such activities are advisedor maF"\d?)~.··,bY governmental authorities for any energy conservation purposes, in whichevent th~ Association shall have the right to approve the portions of any Lot used for outdoorclotl)e:S:;f3rYfng purposes and the types of devices to be employed in this regard, whichap,Rf.p\t.al must be in writing. No clothing, bedding or other similar items shall be hung over oroli·-1iihy,wlndows, doors, walls or fences if the same is visible from any street./ ..·...-v::t. "'1

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,.,(>~..j Section 2.11 - Mechanical Equipment. All exterior mechanical equipment, including,Z. "'b)Jt; not limited to, transformers, vents, air conditioning compressors, pool pumps, meters"

"'storage tanks, including, but not limited to, those used for the storage of water: gasoline, oilor other liquid or any gas, and the like, shall be concealed from public view by walls of thesame material and color as the building exterior or by an opaque landscapinq screen. Nosolar heater shall be allowed or visible from any street unless otherwise approved by theArchitectural Review Board.

Section 2.12 - Regulations. Reasonable rules and requlations concerning theappearance and use of the Land may be made and amended from time to time by theDeveloper or the Association as successor to the Developer in the manner provided by theArticles of Incorporation and Bylaws. Copies of the Rules and Regulations and amendmentsthereto shall be furnished by the Association to all Owners and residents of the Land uponrequest. .

Section 2.13 - Mining. No oil or natural gas drilling, refining, quarrying or miningoperations of any .kind shall be permitted upon any Lot and no derrick or other structuredesigned for use in boring for oil or natural gas shall be erected, maintained or permitted onany Lot; nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted on anyLot.

Section 2.14 - Casualties. In the event a Dwelling or any part thereof is darnaqed ordestroyed by fire, casualty or otherwise, or in the event any improvements upon the CommonArea are damaged or destroyed by casualty or otherwise, the Owner thereof or theAssociation. as the case may be, shall promptly clear all debris' resulting therefrom andcommence either to rebuild or repair the ·damaged improvements in accordance with theterms and provisions of the Declaration, or in the case of the Common Area, to grass over. .

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/;~,:<) .and landscape the land prey.i6l;!~rY) underlying the improvements in a manner consistent withthe surroundingarea. ('(\\~..

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Section 2.15 - Re'consfruGtion. Any repair, rebuilding or reconstruction on account ofcasualty or other damag~Jb}a'ny Dwellingor Common Area,or any part or parts thereof, shallbe substantially in accordance with the plans and specifications for such property and areasas originally const~!eQ/~}(cept as may be modified to comply with the then current building'codes, or with nev{'~Rl?/l:md specifications approved by the Association.

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Section 2\6,\-) Lighting. All exterior lighting shall be' consistent with the ~haracterestablished qf.t~t(-;;beveloper for the Development or, as approved by the ArchitecturalReview Boarq,\g~nd shall be limited to the minimum necessary for safety, identification anddecoration<~'ThB-"'exterior lighting of buildings for security or decoration shall be limited toconcealed ,up'1@hting or down lighting and the style and type of lighting shall be compatiblewith the/b,u)icl.i,ng design and materials. The source of lighting shall not be visible from streetsor othE)!f .tz:;;>mrnon Areas and no colored lenses or lamps are permitted, Dock space electricalservipe:~~11 be provided by the Unit owner having the exclusive right to use such dock

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/ :~ / ../r"::.:,,'"'<Section 2.17 - Refuse and Garbage. All garbage and refuse shall be placed in

/~[fr~'ihers or receptacles supplied by the Association and all wet garbage or loose trash.<·d~Eisited in said receptacles shall first be placed in suitable bags, which shall be securely'<. tied.

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Section' 2.18 - Exterior Alterations. No Owner, other than the Developer, maychange, touch up or modify the exterior of the Dwelling on a Lot, including painting, withoutthe prior written consent of the Architectural Review Board.

Section 2.1 g - Window Treatments. Window treatments shall consist of draperies,blinds, shutters or other tasteful window coverings, and no newspaper, 'aluminumfoil, sheetsor other temporary window treatments are permitted, except for periods not exceeding one(1) week after an Owner moves into"8 Unit or when permanent window treatments are beingcleaned or repaired.

Section 2.20 - Southwest Florida Water Management District. The followingrequirements of the Florida Department of Environmental Protection ("DEP") and theSouthwest Florida Water Management District ("SWFWMD") shall apply to the Associationand all Lots and Owners. With Respect to any Lots which abuts any Lake, Pond or anydetention system or water quality system, the Owner of such Lot shall not remove nativevegetation (including cattails) that become established within the Lake, Pond or anydetention system or water quality system. As used herein, the term "remove" shall includedredging, application of herbicides or cutting. It shall be the responsibility of said Lot Ownerto consult with the SWFWMD or such govemmental entity as has control or authority oversuch detention system or water quality system with respect to the care and maintenancethereof. It shall be the responsibility of Lot Owners, at their sole expense, to maintain anyland area along the rear of their Lot to the high water mark of any Lake; Pond, or anydetention pond in such a fashion as to be reasonably acceptable to The Association.Notwithstanding anything contained herein to the contrary, any amendment to this

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- /{)~~)Declaration with would affe~t.~ 's,urface water management system, including the DrainageSystem, must have the prior'approval of the SWFWMD.

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A non-exclusive e'~?~ent is hereby reserved to the Developer, the Association, theirsuccessors and assigns'fQr"sbrfacewater, drainage and for the installation and maintenanceof the surface water management and drainage of the Land. The surface watermanagement and 'Q'tfltln"Qge System of the land shall be developed, operated, andmaintained iT1 ccint(;H:~Dte with .the requirements of any controlling governmental authority,The surface ~at~r'iho/,:ag~ment and Drainage System shall be owned and op.erated by theAssociation except-.W)' any portion of the surface water management and Drainage Systemthat has beery~~~~ted to a governmental authority. The Association shall maintain as anoperating/cq(i!ffig,}expense the entire surface water management and Drainage System withthe land, i,~cJlj~Rg but not limited to all/akes, ponds, retention areas, culverts, pipes, pumps,catch ba$rlf$~t:l related appurtenances regardless of whether or not same are natural orman-mqdFa,\~Jthin the Land or are owned by the Association. Such maintenance shall beperfomie:€i)fnA:;onforrnance with the requirements of any controlling governmental authority,and ?,;j:s:~ement for such maintenance is hereby created. The Association will have theright:{buhii'ot the obligation to maintain any portion of the surface water management andD~ai8?9~} System for the land which is owned and/or maintained by any controllinggQ.v.efn{nental authority or which is outside of the Land. The Land shall be required to accept

/.sulf'C!~e water drainage from any other property pursuant to the requirements of any/,-'--G~t-rblling governmental authority, and in connection therewith will have the right, but not the'...<ebJlgation, to maintain any portion of the surface water management system for such other

'property reasonably required in connection with the maintenance or operation of the surfacewater management system for the Land.

No Owner or any other person shall do anything to adversely affect the surface watermanagement and drainage of the land or otherwise prejudice any District permits.

Section 2.21 - Amendments and Modifications by Developer. Notwithstanding anyprovisions of these restrictions to the contrary, the Developer, its successors and designatedassigns, reserves the right, un!il such time as the Developer relinquishes control 'of theArchitectural Review Board as provided hereafter, to amend, modify or grant exceptions orvariances from any of the restrictions set forth in this Article II without notice to or approval byany" lot 'Owners of the Development or the Association.

Section 2.22 - Ordinances. Every Owner, their licensees, guests, invitees andtenants, shall at all times 'abide by all county, city, and state or other govemmental 'ordinances, rules and regulations, inclUding, but not limited to, ordinances, rules andregulations with regard to pets and leashes, parking ordinances, and ordinances regardingconduct.

Section 2.23 - Ponds/Retention/Detention Areas. All ponds/retention/detention areasthat are located within the development shall be part of the Cominon Area and no Ownershall use any pond/retention/detention area or any other drainage facility for private use,

Section 2.24 - Dock Space. As part of the Development, spaces for the permanentparking for boats has been provided in what is designated as a Dock space. Each Dock

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/;'~~')"")use of the unsold Lots, Un!ts:':~fiq Common Area without charge as may facilitate suchcompletion and sale, includir9,;,-.p~t'not limited to, maintenance of a sales office, constructionoffice, models, the showitJg';,·"o'f..i!i1e Land and the display of signs and the use of Lots asparking lots, notwithstan~n"g{a~Ything contained herein to the contrary.

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Section 2.29 - DenSItY. THE LAND HAS DENSITY THAT EXCEEDS THAT WHICHTHE DEVELOPER tS'-,CQNSTRUCTING AND UTILIZING IN CONNECTION WITH THELAND. NO OWNE;R..Q~,ASSOCIATION SHALL ACQl:JIRE ANY RIGHT TO ANY UNUSEDOR UNUTILIZED \DENSITY ALL OF WHICH IS RESERVED TO THE DEVELOPER.DEVELOPER·RE~ES THE RIGHT TO USE AND/OR ASSIGN ANY SUCH UNUSEDOR UNUTILlZFP'~gNSITY WITHOUT ANY CONSENT OR APPROVAL REQUIREo' BYANY OWNE~.PB.Y9HE ASSOCIATION.

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/)~<> ARTICLE III - UTILITIES, EASEMENTS AND ROADS/~~;;. :~~ ('" .

. S'ebtibrv3.01 - Easements. perpetual easements (herein called "Easements") for theinstall,;;lbolJ~r maintenance of utilities, including storm sewer, sanitary sewer, gas, electricity,watet,{tel~phone, cable television and other utilities of every kind and nature now or hereafterconstttutibg utilities (herein generally referred to as "Utilities") and drainage areas are herebyr~s"et\le~f to the Developer in and to all utility easement and drainage easement areas (herein!~U~""Easement Areas") shown on the Plat, which Easements shall include, without

. r,Jim1tption, the right of reasonable access over Lots to and from the Easement Areas; and the'x" p~yeloper shall have the right to convey such Easements on an exclusive or nonexclusive

o1:l:sis' to any person, corporation or governmental entity (herein called "Utility Providers") andwho shall furnish Utilities or services to the Development. Neither the Easement rightsreserved pursuant to this paragraph, nor as shown on the Plat, however, shall impose anyobligation on the Developer to maintain such Easement Areas or to install or maintain theUtilities or any retention or detention areas (hereinafter defined), nor any pipes, lines,culverts, channels or other facilities or improvement that may be located on, in or under suchEasements, or which may be served by them within Easement Areas. No .structure, irrigationsystem, planting or other material shall be placed or permitted to remain which may damageor interfere with access to, or the installation and maintenance of, the Easement Areas orany Utilities or drainage facilities, or which may change the direction of flow or obstruct orretard the flow of wafer through drainage channels in any Easement Area, or which mayreduce the size of .any water retention areas (herein referred to as "Retention or DetentionAreas") which are shown on the Plat or which may be constructed in such Easement Areas.

Section 3.02 - Walkways and Access Easement. Developer hereby grants andconveys to the Owner of each and every Lot in the Development, their heirs, personalrepresentatives, successors and assigns, a perpetual, non-exclusive easement appurtenantto each Lot within the Development for the purpose of ingress and egress by pedestrian andvehicular traffic over and across each and every walkway as defined hereafter; reserving,however, unto the Developer the unrestricted right to grant like non-exclusive easementsover the same walkways and to grant easements for utilities to utility companies and publicbodies for publlc utility services within the Development in the same .walkways, boardwalksand catwalks which are subject to this grant.

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/:~~'.}-<!The term walkways ,is~R5'~d herein to describe the servient tenement which is

impressed with the easemer'lt'Stl'liilf include all sidewalks, dock walkways/catwalks and pathsas the same may be shoWR),c>hJ)he Plat.or exist from time to time over, through, across andupon the Land and MariE1'~ .!J¥fia, as the same may from time to time be paved or improvedand intended for such pU}R~~es.

Ownership b/~"~Ioper of both the Lots benefited by the easement granted andcreated herein an~·'.ef.!tl¢ walkways which are subjected to said easement shall not causeany merger or impatffi).ent of said easement. . .

t: ...."l....\ ') . .."" '." .Every qeftQ.\·f(om Developer of any Lot in the Development shall automatically.carrywith it as a.Q\, app.~rtenance to such Lot the easement hereby created, whether or notspecificallyAn?;Rj:idned in any such deed, and this easement shall thereafter run with title tosaid Lot il::{Ji,e~1:uity,

/:.:;:~. ('"

Be'Cticm,' 3.03 - Easement for Governmental, Health, Sanitation and EmergencyServ,i.cei5.;,;~>A non-exclusive .easement is hereby granted to the appropriate govemmentalauttXotJt~~"and to the appropriate private organizations supplying health, sanitation, policesEl'Yi~e§,"and any emergency service, such as fire, ambulance and rescue services, for theI?urpo~ of ingress and egress of pedestrian or vehicular traffic over and across the Common

/'Ar~ll"'.$lnd each Lot.-: \~~~J

''\.'' ' / Section 3.04 - Reciprocal Easements. There shall be reciprocal, appurtenant'e"asements between each Lot and such portion or portions of the Common Area adjacentthereto, or between adjacent Lots, or both, for lateral and subjacent supports; for electrical,plumbing, sewer, telephone, cable, drainage and other convenience or utility servicing morethan one Lot; for overhanging roofs and eaves installed by Developer and for replacementthereof; and for encroachments caused by the willful construction,' reconstruction, repair,settling or shifting of any improvements constructed, reconstructed or altered thereon inaccordance with the terms of this Declaration. The extent of said easements for lateral andsubjacent supports and for overhangs shall be that reasonably necessary to effectuate thepurposes thereof; and said easements of encroachment shall extend to a distance of notmore than four (4) feet, as measured from any point on the common boundary along a lineperpendicular to such boundary at such point. Notwithstanding the foregoing, in no eventshall there be any easement for overhangs or encroachments if same is caused by the willfulmisconduct on the part of an Owner, tenant or the Association. Notwithstanding anythingcontained herein to the contrary, should electrical, plumbing, sewer, telephone, cable or otherutility service to a Lot cross through or under another Lot (Survey Lot) and be in need ofrepair or replacement, this said repair or replacement shall not occur in the Easement in theSurvey Lot if said repair or replacement would in any way damage or interfere with the useand enjoyment of the improvements erected on said Survey Lot. In such event, the utilityservice shall be relocated in the Common Area.

ARTICLE IV - PROPERTY RIGHTS

Section 4.01 - Owners' Easements of Enjoyment. Every Owner shall have a right andeasement of enjoyment in and to the Common Area which shall be appurtenant to and shall

11


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pass with the title to every ~<Jt~:~4bject to the rights of the Developer reserved herein' andsubject to the following prov(sionS,:'~' -

I~~-')\'::~>/. (a) The ri9ch(Q,f)the Association to levy annual and special assessments and

other fees for the use of a'Rj;.recreation facility, if any, situated upon the Common Area.

(b) Th:~)igf1t· of the Association to suspend the voting rights of a Member forany period during ,w:~,any assessment against his Lot or Unit remains unpaid, and for aperiod not to exc;:~~"siity (60) days for any infraction of its published rules and regulations.Notwithstanding_~hY.t.~ing contained herein to the contrary, assessments shall continueduring any sU~Re'~'sidn period. .

\ ~ , i,-, \. .....,.. /

A-{(;~::-the right of the Association to dedicate or transfer all or any part of theCommon..Af,e:a'td any public authority. agency or utility for such purposes and subject to suchconditio.M~:::.q~·;rnay be agreed to by the Members. No such dedication or transfer shall beeffecti'4?'1:J.riless an instrument signed by two-thirds (2/3) of each class of Members agreeingto sU.c'I{a~lcation or transfer has been recorded.

({:)\'z'>~;:.'-:'j (d) The right of the Association. In accordance with its Articles and its Bylaws.

tP'1tg!t0W money for the purpose of improving or increasing the Common Area and in aid{tJilere.of with the assent of two-thirds (213) of each class of Members to mortgage said

/'<p~dpilrties. Said mortgage shall be subordinate to the Members' rights as provided'-·,_b~reinafter. In the event of a default upon any such mortgage, the Lender's rights hereunder

shall be limited to a right, after taking possession of such area, to charge admission and .other fees as a condition to continued enjoyment by the Members and, if necessary, to openthe enjoyment of such area to a wider public until the mortgage debt is satisfied. whereuponthe possession of such area shall be returned to the Association and all rights of theMembers hereunder shall be fully restored; provided that under no circumstances shall therights of the Members of ingress, egress and parking be affected,

(e) The right of the Association to take such steps as are reasonablynecessary to protect the Common Area against an attempted foreclosure.

(f) The right of the Association to grant access to police, fire and other publicvehicles.

(g) The right of the Developer, without approval of the Association or theMembership, to dedicate easements and rights-of-way over the Common Areas inaccordance with the terms of this Declaration.

(h) The right of the Association to adopt and enforce at any time rules andregulations governing the use of the Common Area and all facilities situated thereon.including the right to assess late fees against Members as provided hereafter, which rulesand regulations shall apply until rescinded or modified as if originally set forth at length in thisDeclaration.

(i) The right of the Developer to complete construction of and installation of allroads, sewer lines, water lines. storm water drainage and other utilities.

12

PINELLAS COUNTY FL OFF. :REC. BK 15022 PG 643

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Section 4.02 - Delegatrdn'.'~r"Use. Any Member may delegate his right of enjoyment tothe Common Area and f~I~!% to the Members of his family, to his guests and to histenants, subject to such(n:)l~~ and regulations as the Board of Directors may from time totime adopt; provided•. hokyef, that there shall be no abrogation of the duty of any Memberto pay assessments ~~prRvided in Article VIII.

I.. ,,'" J"t ..•.: I

Section 4.0:r·~-bimti~tion Upon Use of Common Areas. No Owner may plant, erect ormaintain any fence$~~'.I,edges, walls or other improvements upon the Common Area. TheBoard of Direg~'~ the Association may establish reasonable rules and requlationsconcerning the' lJs,e,;-Of the Common Area.

{ '. '1 ~ .

,::~\::-':/ARTICLE V - ARCHITECTURAL CONTROL../ // ~.1·~). •

Se¢tioh. 5.01 - Members of the Board and Term of Office. The Association shall havean Arcbjte¢h}ial Review Board (the "ARB") consisting of three (3) members. The DevelopershaIlAJe~:~litled to appoint the initial members to the ARB and replacements thereof untilsuc~ tfil1e}8S the Developer no longer owns any units in the development. .Thereafter, eachm~~r..-6f the ARB shall be appointed by the Board of Directors and shall hold office untill?Dth titne as he has resigned or has been removed or his successor has been appointed, as.(~Yllfed herein. The Board of Directors shall have the right to appoint and remove (either

/<Wl.t~ .....or without cause) any and all members of the ARB at any time, except for members of'\. .-..t~n~ 'ARB appointed by the Developer. .--.

Section 5.02 - Review of Proposed Construction.

(a) Except for the exemption in Section 9 below. no building, fence, wall orother structure or improvement (including landscaping) shall be' commenced, painted,erected or maintained on the Land, nor shall any addition, change or alteration visible fromthe exterior be made, nor shall any awning, canopy or shutter be attached to or placed uponoutside walls or roofs of buildings or other improvements, until the plans and specificationsshowing the nature, kind, shape, height, materials, color and location of the same shall havebeen submitted to and approved in writing by the ARB.

(b) The ARB shall approve proposals or plans and specifications submitted forits approval only if it deems that the construction, alterations or additions contemplatedthereby in the locations indicated will: '.'

i) assure harmony of external design, materials and location in relationto the surrounding buildings and topography within the Development; and

ii) protect and conserve the value and desirability of the Development asa residential community; and

iii) be consistent with the provisions of this Declaration; and

iv) .be in the best interest of the Association and maintain the value anddesirability of the Development as a residential community; and

13

PINELLAS COUNTY FL OFF. REC. ·BK 15022 PG 644

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V) cO~~;:~ifh such other specific designing criteria that the ARB mayadopt from time to time. .~\ ",..J' /

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. {\', .(c) .The '~~.' may condition its approval of proposals and plans and

specifications as it deems appropriate, and may require submission of additional plans andspecifications or oth~NQf~rmation prior to approving or disapproving material submitted. TheARB may also iss,u~t~ or gUidelines setting forth procedures for the submission of plansfor approval. Th.e\~R:s.:f may require such detail in plans and specifications submitted for itsreview as it deetDs~9per, including, without limitation, floor plans, site plans, drainage plans,elevation dra'r'5.g}:{jnd descriptions or samples of exterior materials and colors.

\ \. {, ) , ,

,-, }... ~ / ."<-.,...lo---t-Until receipt by the ARB of any a.nd all required plans and specifications,

the ARB :Il)~y'{!ostpon'e review of any plans submitted for approval. The ARB shall havethirty (3p1:4iys after delivery of all required materials to approve or reject any such plans.and if r.l~/~jeCted within such thirty (30) day period, said plans shall be deemed approved.

~t.., (. -

('<':;:\) (e) The ARB herein shall be the ultimate deciding body and its decisions shall~ .. 1 r -,

ta~e:,::p'rE;..eedence over all others. All changes and alterations shall also be subject to alli?W1iCa,Dle permit requirements and to all applicableqovernmental laws, statutes, ordinances.

/rules;"regulations, orders and decrees.r.

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":".'" ..) ,.l Section 5.03 ~ Meetings of the ARB. The ARB shall meet from time to time as"-f1e'cessary to perform its duties hereunder. The ARB may from time to time, by resolution

unanimously adopted in writing, designate any ARB representative (who may, but need notbe one of its members) to take any action or perform any duties for and on behalf of theARB, except the granting of variances pursuant to Section 8 hereof. In the absence of suchdesignation, the vote of any two (2) members of the ARB shall constitute an act of the ARB.

Section 5.04 - No Waiver of Future ApprDvals.. The approval of the ARB of anyproposals or plans and specifications or drawings for any work done or proposed, or inconnection with any other matter requiring the approval and consent of the ARB, shall not bedeemed to constitute a waiver of any right to withhold approval or consent as to any similarproposals, plans and specifications, drawings or other matters subsequently or additionallysubmitted for approval or consent.

Section 5.05 - Compensation. The members of the ARB shall receive nocompensation for services rendered, other than reimbursement for expenses incurred' bythem in the performance of their duties hereunder. The ARB, however, shall have the powerto engage the services of professionals to serve as members of the ARB for compensationfor purposes of aiding the ARB in carrying out its functions.

Section 5.06 - Inspection of Work and Occupancy. Inspection of work and correctionof defects therein and permanent occupancy of a Dwelling shall proceed as follows:

(a) Upon the completion of any work for which approved plans 'are requiredunder this Article V, the applicant (the "Applicant") shall give written notice of completion tothe ARB.

14


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,~~r;)(b) Within thirFY({.qO-,y"aays after receipt of the notice of completion, the ARB or

its duly authorized repres.eqt~tiv,.e may inspect such improvements. If the ARB finds thatsuch work was completeQ'lI{:?~6stantial compliance with the approved plans, it shall so notifythe Applicant in writing ah~j?,ermanent occupancy of the improvement shall be granted.' Ifthe ARB finds such work was not completed in substantial compliance with the approvedplans, it shall notify t!:iE}-Appli"cant in writing of such noncompliance, specifying the particularsof noncompliance ?lTlet~~qlJiring the Applicant to remedy the same. The ARB shall notify theApplicant within s€liqth,irfY (30) day period of its approval or disapproval.

~~) . . .(vfJt\.-Idpon the expiration of thirty (30) days from the date of such notification of

noncomplianF~,\t6~ Applicant shall have failed to remedy such noncompliance, the ARBshall notify,4!:J~~aan;1 in writing of such failure. The.Board shall then determine whetherthere is a.llfi?J!~OJi1pliance and, if so, the nature thereof and the estimated cost of correctingor remo'{;iry~tll~ same.

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,.·,>~5·} (d) If a noncompliance exists, the Applicant shall remedy or remove the samewithin (S'.,p~fjod of not more than forty-five (45) days from the date of announcement of theBQ?lfaJ:gijilg. If the Applicant does not comply with the Board ruling within such period, theB,eard;-,.,at its option, may either remove the non-complying improvement or remedy the,nbn~tilpliance, and the Applicant shall reimburse the Association, upon demand, for all

.<e~~nses incurred in connection therewith. If such expenses are not promptly repaid by the("·Applicant t~ the Association, the Board .shall levy a special assessment against such

Jqiplicant for reimbursement. .

(e) If for any reason the ARB fails to notify the Applicant of any noncompliancewithin thirty (30) days after receipt of the written notice of completion from the Applicant, theimprovement shall be deemed to have been made in accordance with said approved plans.

(f) Permanent occupancy of any improvement for which approved plans arerequired under this Article V shall be prohibited until such time as a noncompliance has beenremedied. This provision shall be enforceable regardless of whether a certificate ofoccupancy has been issued to the Applicant for the subject improvement.

. ,

Section 5.07 - Non-Liability of ARB Members. Neither the ARB nor any member 'thereof, nor its duly authorized ARB representative, shall be liable to the Association or toany Owner or any other person or entity for any loss, damage Dr injury arising out of or in anyway connected with the performance or nonperformance of the ARB's duties hereunder,unless due to the willful misconduct or bad faith of a member and only that member shallhave any liability. The ARB shall review and approve or disapprove all plans submitted to itfor any proposed improvement, alteration or addition on the basis of aestheticconsiderations, the overall benefit or detriment which would result to the immediate vicinityand to the Land, and for compliance with the design review criteria. The ARB shall take intoconsideration the aesthetic aspects of the architectural designs, placement of buildings,landscaping, color schemes, exterior finishes and materials and similar features, but shall notbe responsible for reviewing, nor shall its approval of any plan or design be deemed approvalof, any plan or design from the standpoint of structural safety or conformance with bUilding orother codes.

15

-PINELLAS COUNTY FL OFF. REC. BK 15022 PG 646 .

ARTICLE VI - INSURANCE, ;....... '

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Section 5.08 - Variant!?;-\.The ARB may authorize variances from compliance with anyof the design review crite,pa;,WtiJfri circumstances such as topography, natural obstructions,hardship, aesthetic or k~'4f9nmental considerations require. such variance must beevidenced in writing whi6Q......¥st be signed by at least two (2) members of the ARB. Thegranting of such a variance shall not, however, operate to waive any of the terms andprovisions of this D~cl@,r~tion for any purpose except as to the particular property andparticular provisions.,Qoy¢red by the variance, nor shall it affect in any way the Owner'sobligation to compl~twjtn' all governmental laws and regulations affecting the Owner's use ofthepremlses. (:"'-\ > .

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Section' ii.~9 - Developer's Exemption. The Developer shall be exempt from theprovisions o!-~~&Article V with respect to alterations and additions to be made by Developerand shall/I)~ik..tie obligated to obtain ARB approval for any construction or changes inconstruc;tf\Jii' which the Developer may elect to make at any time.

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,,-Se.Ction 5.10 - Attorneys' Fees. For all purposes necessary to enforce this Article, theAss(jfoJa{iqW shall be entitled to collect reasonable attorneys' fees, court costs and otherexpeRs~~;;!againstan Owner, whether or not litigation is instituted, and the Board may assess~sh 'amounts in the form of a Special Assessment against the Owner's unit in question.

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Section 6.01- Insurance, Casualty or Condemnation. Insurance, other than titleinsurance, which shall be carried upon the Common Area, shall be covered by the followingprovisions.

(a) Authority to Purchase. All insurance policies upon the Common Area shall bepurchased by the Association for the benefit of the Association: It shall not be theresponsibility or the duty of the, Association to obtain insurance coverage upon thepersonal liability, personal dwelling unit, personal property or living expenses of anyOwner but the Owner may obtain such insurance at his own expense provided suchinsurance may not be of a nature to affect policies purchased by the Association. TheAssociation shall insure common areas only, and shall not be required to insurebuildings for individual Lots.

(b) Coverage:

(i) Casualty. All buildings and improvements in the Common Area and allpersonal property included in the Common Area shall be insured in an amountequal to the maximum insurable replacement value, including foundation andexcavation costs, as determined by the Board of Directors of the Association.Such coverage shall afford protection against:

(1) Loss or damage by fire and other hazards covered by a standardextended coverage endorsement; and

16

PINELLAS COUNTY FL OFF. REC.' BK 15022 PG 647

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(2) Such ottt~f:';~~ as from time to time shall be customarily covered withrespect to b~ICj.IQg)~i~i1ar in construction, location and use as the buildings onthe land, in~l~df~ but not limited to vandalism and malicious mischief.

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(ii) PubH;:-uability. In such amounts and such coverage as may be required bythe J3'Oard~of Directors of the Association. .

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(jiiJ,WOj;ker's Compensation Policy. To meet the requirements of law.{ \ ~ 1 .

,,(~:t1~}':Other. Such other insurance as the Board of Directors, qf the Association,//~;~t:l?n determine from time to time to be desirable. ,

/';;':;,' ("~fc~''f.?ret'niums. Premiums for the described insurance shall be a common expense,

,".·,GQ'-te~ed from Owners as part of the Annual General Assessment. Premiums shall be( (P~tp/by the Association. ' .

....... \ .....; /L. ~... _,./

/-:... ~·{d) Proceeds. All insurance policies purchased by the Association shall be for the/<.::.,-""r.~--benefjt of the Association and its mortgagees as their interests may appear, and shall,<- ..... \ ../ provide that all proceeds covering property losses shall be paid to the Association.

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(e) Distribution of Proceeds. Proceeds of insurance policies received by theAssociation shall be distributed and used by the Association as the Board of Directors,may determine.

Section 6.02 - Reconstruction or Repair After Casualty. The Board of Directors, in its,sole discretion, shall determine whether or not any damaged portion of the Common Areashall be repaired or replaced.

Section 6.03 - Condemnation. In the event that any portion of the Common Area shallbe made the subject of any condemnation or eminent domain proceeding or is otherwisesought to be acquired by a condemning authority, the taking of any portion of the CommonArea by condemnation shall be deemed to be a casualty, and the awards for that taking shallbe deemed to be proceeds from insurance on account of the casualty and shall be depositedwith the Association and shall be distributed to the Association and to any Owner who isdirectly, adversely affected by the condemnation, as their respective interests may appear.

Section 6.04 - Insurance on Lots. Each Owner of a Lot shall obtain insurancecoverage upon the Lot insuring the dwelling unit located thereon in an amount equal to themaximum insurable replacement value, excludinq foundation and excavation costs. Suchcoverage shall afford protection against: .

(a) Loss or damage by fire, hunricane, tomado, windstorm, and other hazardscovered by a standard extended coverage endorsement; and

(b) Such other risks as 'from time to time shall be customarily covered with

17


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respec~J~&di~dings similar in construction, location and use as thebUilding~''Oi\-the land, including but not limited to vandalism and

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maligiqlJ.s-tp'ischief. The Owner shall furnish proof of renewal of suchins~'r~efto the Association at the time of purchase of a Lot and shallfurm~~:,'ptoof of renewal of such insurance on each anniversary date,thereof. If an Owner shall fail to provide such insurance the

{As,§,6:r;;iation may obtain such insurance and shall assess the Owner for;'"-:,itt~,,Cost of same. '

/;>-~V~'" \ ARTICLE VII - MEMBERSHIPAND VOTING RIGHTS

r~~,~·-j -

Sedi6ti-i;U1 - Members. Every Owner of a Lot shall be a member of the Associationas desig~;f;lt~" in Section 7.02 of this Article. Membership shall be appurtenant to and maynot be.sl:iP,arated from ownership of a Lot which is subject to assessment or from occupancyof aurlit;.... "",.

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,('~_.'~ettion 7.02 - Membership Classes and Voting Rights. The Association shall have~he::rolk.>wing two (2) classes of voting membership: '

/":"~~""""....:l.-'

1<-<\",' (a) Class A. Class A'Members shall be all Owners, except the Developer for"" _solong as the Developer retains Class B voting rights as defined herein, of Lots and shall be

e-ntitled to one (1) vote for each such Lot so owned.

(b) Class B. The Class B Member shall be the Developer and shall be entitledto nine (9) votes for each Lot owned. The Class B membership shall cease and beconverted to Class A membership when one of the following events occurs:

(1) when the total votes outstanding in Class A membership equals orexceeds the total votes outstanding in the Class B membership; or

(2) at such time as the Developer shall designate in writing to theAssociation.

Section 7.03 - Joint Owners. When more than one person holds an interest in anyLot, all such persons shall be members of the Association; provided, however, that Owners'vote shall be exercised as provided above or as all such persons among themselvesdetermine, but in no event shall more than one (1) vote be cast with respect to any Lot notowned by the Developer.

ARTICLE VIII- ASSESSMENTS

Section 8.01 - Purpose of Assessment. The Association shall have the authority tolevy assessments against each Lot or Unit to be used exclusively to promote the recreation,health, safety and welfare of the resident in the Development and for the improvement andmaintenance of the Common Area, and those portions of each LotlDwelling that theAssociation is required or entitled to maintain or repair, and those easement areas to be

'18


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maintained by the Associati9n~::i1:l.~1uding, but not limited to, cost of repair, replacement andadditions thereto; cost of la~Qf~)e'A~uipment, materials, management and supervlsion thereof;the payment of taxes a~ss.~d against the Common Area; the procurement and maintenance of insurance; th~ i£irnployment of attorneys, accountants and other professionals torepresent the Associatiori'W6~n necessary or useful; the employment of security personnel;the cost of lnsurance.acquired pursuant to Article VI; and such other needs as may arise.

. .(..:. ...........,l/>Section 8.02'·-=--cr.eation of Lien. In order to carry out the purposes and obligations

hereinafter stated•.'ttie.rAssociation, by action of its Board of Directors, and without approvalof the member~)~~t to the extent specifically provided herein, shall have the power to levyand collect a~sessments in accordance with this Declaration against each Lot The

t l :," -Developer, f,s,r:,,6aef1 Lot owned within the Development. hereby covenants. and each Owner.of any Lot.h.y,.aG;ceptance of a de6d thereto, whether or not it shall be so expressed in suchdeed, sh.~W/~e.../lieemed to covenant and agree to pay to the Association: (1)' annualassessl)'i~t>t.<9r charges, (2) special assessments. for capital improvements, (3) specialassess~'Ml'its'''for emergencies as needed for purposes other than as a capital improvement,and ,(4.t'i;;p~ific assessments against any particular Lot which were established pursuant tothe {terms of this Declaration. All such assessments, together with interest, costs andrea.~asie attorneys' fees, shall constitute a lien upon the Lot against which. each such;gs's~~§rnent is levied and shall run with the land, and shall take priority from the date the

(noti'Ce. of lien for delinquent assessments is filed in the Public Records of Pinellas County,/<wpl~l1 notice shall state the description of the Lot, the Owner's name, the amount due and-,,Jl]~. date due: The lien shall be prior to and superior in dignity to the creation of any

homestead status but subordinate to any first mortgage as hereinafter set forth. EveryOwner of a Lot hereby consent to the imposition of such lien prior to any homestead statusuntil paid in full. .

Section 8.03 - Special Assessments. In addition to the annual assessmentauthorized, the Association. through its Board of Directors, may levy in any assessment yeara special assessment or assessments for capital improvement or emergency purposes, andany such assessment shall be approved by no less than seventy percent (70%).of each classof Members. .

Written notice of any meeting called for the purpose of making the levy of a specialassessment requiring approval of the membership shall be sent to atl Members not less thanten (10) days nor more than thirty (30) days in advance of the meeting.

In addition to all other remedies provided in this Declaration, the Board of Directors, inits sole discretion, may levy a special assessment upon an Owner for failure of the Owner,his family, guests, invitees or employees, to comply with any provision of this Declaration orthe Articles, Bylaws or rules and regulations of the Association, provided that the followingprocedures are followed:

(a) The Association shall notify the Owner of the infraction or infractions. Thenotice shall include the date and time of the next Board of Directors meeting at which theOwner shall have the right to present testimony as to why the Special Assessment should notbe imposed.

19


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(b) The noncq,trlRlla9ce shall be presented to the Soard of Directors at themeeting described in the n¢t!ceX"At such meeting, a hearing shall be conducted to obtain

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testimony as to the .levying..qfc:(Special Assessment in the event that it is determined that aviolation has in fact occurr~d(\A written decision of the Board of Directors shall be submittedto the Owner not later than 'Mr:1nty-one (21) days after the hearing ........,""...

(c) The'~ar~rd of Directors may impose the following Special Assessmentsagainst the Owner ,of.~, ):ot in the event a violation is found:

\. \" ',",'- \ v /: /(, ",-W> First Noncompliance Violation. A Special Assessment in an amount

not in excess 9~"$~@-9mo. .{ '\ , 1 .

><..~;':.:/ (ii) Second Noncompliance Violation. A Special Assessment in anr-c-; "-

amount notin-i~cess of $600.00.'::'" -r ;-

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/ l/?·'.·) (iii) Third and Subsequent Noncompliance Violation or Violations whichare of·i'C.6f;!tinuing Nature. A fine in an amount not in excess of $1,000.00 for each violation.

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/ ...\ -,'....'/ (d) A Special Assessment as provided in this Article shall be due and owingI)et:~at~'than thirty (30) days after the written decision as provided in Section (b) above.

/~:':::........."""'~:'"> .> " ..\ '/ Section 8.04 - Annual Assessments. Annual assessments shall be determined for'<.:'~yh Lot by the Soard of Directors of the Association prior to January 1-st of each year for all

as'sessable property by determining the sum necessary to fulfill the obligations and purposeof said assessment. Written notice of the annual assessment shall then be sent to every

. Owner subject thereto and the due date shall be established by the Board of Directors, whichmay be monthly, quarterly or on an annual basis. The Association shall, upon request andfor a reasonable charge, fumish a certificate signed by an officer of the Association settingforth whether the assessments on a specified Lot have been paid. Notwithstanding anythingcontained herein to the. contrary, the Developer, as a Class S Member, shall not be obligatedto pay annual assessments for the period of time that the Developer pays any amount ofcommon expenses incurred and not produced by the special and annual assessmentscollectible from Class A Members. For purposes.of this calculation, replacement reserves orcapital expenditures shall not be considered as common expenses.

Section 8.05 - Uniform Rate of Assessment. Both annual and special assessmentsshall be fixed at a uniform rate for each Lot and may be collected on a monthly, quarterly orannual basis.

Section 8.06 - Commencement of Annual Assessments; Due Dates. The annual 0assessments provided for herein shall commence as to each Lot at the time of the closing of .~the purchase of a Lot. The 'first annual assessment shall be adjusted according to thenumber of months remaining in the calendar year. The due dates for assessments shall beestablished by theBoard of Directors of the Association.

Section 8.07 - Remedies of the Association for Nonpayment of Assessments. Inaddition to the foregoing remedies, the Board of Directors may assess a "late fee" of '20% ofthe delinquent assessment for each Periodic or Special Assessment which is more than ten

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/r:~~;)~<)(10) days delinquent, Any a;;isJ:zs~StJlentnot paid within thirty (30) days after the due date shallbear interest from the due !tipt~\at the maximum legal rate. The Association may bring anaction at law against th~~bW1ier personally obligated to pay the same, or file a lien ashereinabove authorized ~tl~f9(eclose said lien by judicial foreclosure in the same manner inwhich mortgages on reai\.,~ro.perty may be foreclosed in Florida. In any such foreclosure, theOwner shall be required to' pay the costs and expenses of filing the notice of lien and allreasonable a1torney~(""f~,e~, which costs, expenses and attomeys' fees shall be secured bythe lien being foreclQ.s~9': The Owner shall also be required to pay the Association anyassessments ag~~S!)~'e Lot which become due during the period of foreclosure. TheAssociation shall.hcN~ the right and power to bid at foreclosure sale or other legal sale and toacquire, hold, .cqny~y: lease, rent, encumber, use and otherwise deal with the Lot as Ownerthereof.. No.. PItt.6~r may waive or otherwise escape liability for the assessments providedherein by l).ohil.seJof the Common Areas. Any suit to recover money judgment for unpaidexpensesAi}~~sessment hereunder shall not be deemed to be a waiver of the lien securingthe same:.,,'tlpon payment of all sums secured by the lien, which has been the subject of arecord~6(~otice of lien, a release of lien shall be executed by the Association or itsrepre~.e)ltati.ve and recorded in the Public Records of Pinellas County, Florida.

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1-,.\.\.S~~ion 8.08 - Subordination of the Lien to Mortgages. The lien of the assessmentsp,1:o:0C:ie:.Cl for herein shall be subordinate to the lien of any Institutional Lender recorded priorirP)Rl(--time of recording a notice of lien. The sale or transfer of any Lot shall not affect the(a's'sessment lien. Any Institutional Lender which obtains title to a Lot as a result' of

r-; ....~ 1 • •

1,_"foreclosure of a' first mortgage thereon or by voluntary conveyance In heu of suchforeclosure, shall not be liable for the assessments pertaining to such Lot or chargeable tothe former Owner thereof which became due prior to the acquisition of title by saidInstitutional Lender. Such unpaid assessments shall be deemed a common expense of theAssociation and collectible from all Owners, including the acquiring Institutional Lender, .itssuccessoror assign. Any such transfer to or by an Institutional Lender shall not relieve thetransferee of responsibility nor the Unit from the lien for assessments made thereafter. Nosale or transfer shall release such Lot from liability for any assessment thereafter becomingdue.

Section 8.09 - Exempt Property. All properties dedicated to and accepted by a publicauthority and all properties owned by the Association shall be exempt from assessmentscreated herein.

Section 8.10 - Rights of Governmental Authorities. In the event any municipality orother govemmental authority performs the obligations of the Association for the maintenanceof any facilities or land within the "Development," then said municipality or govemmentalauthority shall have legally enforceable liens against all land and each residential Unit in the"Development" and the same enforcement rights afforded the Association.

ARTICLE IX- COMMON AREA USE & MAINTENANCE. .

.Section 9.01. The Developer shall have conveyed, by way of grant of easement, anexclusive right of use over the Common Area to the Association and for the benefit of itsMembers. The Developer shall subsequently be conveying individual lots to purchaserswhereby the said lots shall be subject to and encumbered in part by the said easement. In

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/::\'-<1the said easement the Ass9.dii!i6p shall accept the legal obligation and responsibility tomaintain and operate the 1~!iITbn Area in a safe and orderly manner consistent withrelevant rules, regulations.!'".qr,-di~.?,nces and laws. The Association shall further be responsiblefor having the Common(~flf~-insured for damage by wind, fire, flood and other risks toinclude personal injury. T¥···~sociation hereby consents to indemnify and hold harmless theowner of any lot over which'the said easement extends for any loss occurring in the CommonArea on or over theii"mdiyidual lot resulting from the permitted use of the Common Areaconsistent with the/ea~e~ent and this Declaration. In accepting the conveyance of the saideasement the A!?S9'ti~tl6n shall have accepted the duties and responsibilities incumbentthereto. (""'\ :' .

/; ~~~~,~}/Section. 9..02. The Association shall be responsible for the exclusive management,

control and tij~tehance of the Common Area and all improvements thereon, and shall keepthe same )tVgpq.~, clean, attractive and sanitary condition, order and repair, and in particular,shall be;};r,e'sj;lonsibJe for maintenance of 'the storm water facilities located within theDevelopn)t}I1tv'~The Association shall maintain those improvements within the Marina Areainitlal!y.:l~.¢'tr'iilled by the Developer. Any improvement, if permitted under this Declaration,made(~.~'Dock Space by the Member shall be maintained by the Member to whom the DockSp~~ been assigned.

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/~.:~,-:-~·section 9.03. (a) The Association shall operate, maintain and manage the surface,~;:Jf?r' or storm water management system(s), in a manner consistent with the Southwest

<... t=·ibrida Water Management District Permit requirements and applicable District rules, and- J

sh'all assist in the enforcement of the restrictions and covenants contained herein.Maintenance of the surface water or storm water management system(s) shall mean theexercise of practices which allow the systems to provide drainage, water storage, treatment,conveyance or other surface water or storm water management capabilities as permitted bythe Southwest Florida Water Management District. Any repair or reconstruction of thesurface water or storm water management system shall only be permitted as approved bythe Southwest Florida Water Management District.

(b) No structure of any kind shall be constructed or erected within, norshall an Owner in any way change, alter, impede, revise or otherwise interfere with the flowand volume of water in any portion of any drainage areas or the Surface Water/Storm WaterManagement System, nor shall any grading, alteration, or other modifications to these areasbe made without the prior written permission of the Association, City of Clearwater, PinellasCounty, and the Southwest Florida Water Management District.

(c) No Owner shall in any way deny or prevent ingress and egress bythe Declarant, the Association, City of Clearwater, Pinellas County, or the Southwest FloridaWater Management District to any drainage areas or the Surface Water/Storm WaterManagement System for maintenance or landscape purposes. The right of ingress andegress, and easements therefore are hereby specifically reserved and created in favor of theDeclarant, the Association, the Southwest Florida Water Management District, City ofClearwater, Pinellas County, or any appropriate governmental or quasi-govemmental agencythat may reasonably require such ingress and egress.

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"" (d) No l,o~..:~t1~11 be increased in size by filling in any drainage areas orother portion of the Surface( vv:~t¢'f/Storm Water Management System. No Owner shall fill,dike, rip-rap," block, div~\.9r'" ,,<::hange the established drainage areas or the SurfaceWater/Storm Water Mal1agenlent System that have been or may be created by easementwithout the prior written cQnJent of the Association, City of Clearwater, Pinellas County, andthe Southwest Florida Water-Management District. "

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/·t~:)::-.~6 wall, fence, paving, planting or other improvement may be placedby an Owner wit~Ji\,a'"pJiainage area, drainage easement, or the Surface Water/Storm WaterManagement SysJem..>

O~ .,~"\. \j ,l(f) The Southwest Florida Water Management District, City of

Clearwater,~~inellas County, shall have the right to enforce, by a proceeding at law or inequity, the/1l"ro}1isions contained in this Declaration which relate to the maintenance,operatiqri~~"6d.repair of the Surface Water/Storm Water Management System. "

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,"e"Saclion 9.04. In addition to the maintenance of the Common Area and Marina Area,the Asootfation shall provide exterior maintenance upon each Lot and the Dwelling located

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thf?r~i:r_.Ias follows: paint, repair, replacement and care of exterior building surfaces,1i3"l'i€t-s~ping, sprinkler systems, sidewalks, paths, docks, dock walkways or other

/i~T{j\"jements on each Lot outside of a Dwelling. Such exterior maintenance shall notl-:-'iQcfpde maintenance repair and replacement of windows, screens and glass, exterior doors,'~",td9f, gutters ad downspouts, roof deck, which all shall be the responsibility of each Owner for

fiis particular Dwelling. Furthermore, each Owner shall be responsible for the maintenanceand repair of the elevators, carpeting and floor covering, kitchen equipment, heating and airconditioning equipment, whether located inside or outside of his Dwelling, hot water heater(together with electrical and plumbing elements associated therewith) any other contents ofthe Dwelllnq and any boat lifts installed or built by Owner. The Association shall beresponsible to maintain all portions of a Dwelling contributing to the support of the building inwhich the Dwelling is located, which portion shall include but not be limited to load bearingcolumns, floors and walls, including all conduits, ducts, plumbing, wiring and other facilitiesfor the furnishing of utility services to the Dwelling (lncludinq, electrical power, water andsewer disposal) and all such facilities contained within a Dwelling which service part or partsof the Development other than the Dwelling within which contained. The Association shallalso maintain all water and sewer lines located on a Lot exterior to the Dwelling. Anymaintenance, and repair work or replacement done by Unit Owner to Windows, screens, roof,glass or exterior doors of any Dwelling shall conform to the existing design, color and qualityof material replaced or repaired. .

ARTICLE X ~ PARTY WALLS

Section 10.01 - General Rules of Law to Apply. Each wall which is built as a part ofthe original construction of the Units and placed on the dividing line between the Lots shallconstitute a party wall; and, to the extent not inconsistent with the provisions of this Article,

. the applicable case law of the State of Florida regarding party walls and liability for propertydamage due to negligence or willful acts or omissions shall apply thereto.

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Section 10.02 - Shar;.Rg·"r:;f-.,Repair and Maintenance. The cost of reasonable repairand maintenance of any su;ct:r1?~rtY wall shall be shared by the Owners who make use of theparty waif in proportion to,s(;u:th-'use.

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Section 10.03 .. De~,tfubtion by Fire or Other Casualty. If a party wall is destroyed ordamaged by fire or other· casualty and such destruction or damage is not covered byinsurance, an Ownet:'w.D~/ has use of the party wall may restore it; and if the other Ownersthereafter make u~'e-..d.f.:t.~·e party wall, they shall contribute to the cost of restoration thereof inproportion to their\iSerWithout prejudice, however, to the right of any such Owner to call for a.larger contributiQ~"-f~R'Tn the others under any rule or law regarding liability for negligent orwillful acts or (i)f.i:ii~j0ns.

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Sectfon~Q:'04 .. Weatherproofing. Notwithstanding any other provisions of this Article,an Ownef,wt1Q~;by his negligent or willful act causes any party wall to be exposed to theelementi~.s~1I bear the whole cost of furnishing the necessary protection against suchelemertti-:·t··j ,

.............. ~. "--t.

/i-S~etion 10.05 .. Richt to Contribution Runs with Land. The right of 'any Owner tocontr@o'tibn from any other Owner under this Article shall be appurtenant to the land which9~pr~es that Owners Lot and shall pass to such Owner's successors in title to said Lot.

~"".. '1:.............! -':', -,.~ ';-"\ v· Section 10.06 .. Arbitration. In the event of any dispute arising conceming a party wall'..... "01- .under the provisions of this Article, each party shall choose one arbitrator' and such

'a-rhitrators shall choose one additional arbitrator, and the decision shall be by a majority of allthe arbitrators and said decision shall be enforceable in any court of competent jurisdiction.Should any party refuse to appoint an arbitrator within ten (10) days after written requestthereof, the Board shall select an arbitrator for the refusing party.

ARTICLE XI - TRANSFER, LEASING AND MORTGAGING OF LOTS

Section 11.01 - Sales, Prior to the sale or transfer of a Lot, any member desiring tosell or transfer shall firstsubmit the name of the proposed purchaser and the contract of saleto the Board of Directors of the Association for their approval, or disapproval, which shal! begiven within thirty (30) days from the date of the submission of the contract of sale. Ifapproved, the approval of the Board shall be in writing and executed in such a manner as toentitle it to be recorded in the Public Records of Pinellas County, Florida. If no action istaken within thirty (30) days, the transfer shall be deemed to have been approved by theBoard of Directors. .

If the transfer should be disapproved, the Directors shall have thirty (30) days from thedate of disapproval within which to purchase the Lot on the same terms and conditions ascontained in the contract of sale. If the Directors fail to exercise their option to purchasewithin said thirty (30) day period, then the member shall be 'free to sell and convey to theintended purchaser. If the Directors fail to act within thirty (30) days as above provided or failto exercise their option within thirty (30) days as herein provided, they shall furnish acertificate to that effect in a form recordable in the Public Records of Pinellas County, Florida.

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Dock Spaces may be!tffirn.?~rred between Members only, provided such transfer hasbeen submitted to the Asso?i~t!9f No such transfer shall relieve any Member of any part ofany assessment or mainten?AP..elfee by virtue of such transfer. .

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The provisions of\tnls: Section shall not be applicable to any sale made by theDeveloper or its assigns; to anysale or transfer made by an institutional mortgagee acquiringtitle as a result of thE3-.for~~losure of its mortgage or by voluntary acceptance of a transfer oftitle in lieu of such,fdrecJp'Sure; to a purchaser acquiring title in such foreclosure proceedings,or accepting title.AQ\{r~,l1·,'bf foreclosure, or to sales made pursuant to order or decree of courtin connection witRJhedoreciosure of an institutional first mortgage.

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.Secti;d,. ~"'1~d2 - Leasing. No unit shall be leased or rented by the respective- UnitOwner therJ,efiof'transient or hotel purposes which are hereby defined as (a) rentals for lessthan one(hI41\Elref.i twenty (120) days or (b) rentals where the occupants of the Unit are to beprovide9·~$,~rVi.ces, such as room service for food, beverage, maid service, furnishing oflaundri,.and lrhens, and bellboy services. Other than for the foregoing, the Owner or Ownersof th,e'''r-e~~ctive Units shall have the right to lease the same provided that all such leasesare spprov'ed by the Association and are made subject to this Declaration, the Articles ofIncpf,~ation, Rules and Regulations, and the ~ylaws of the Association. The Board oflPir~'ctdJS shall adopt reasonable rules regarding the review and approval or disapproval of

. "<.-"-'<pt~-R~sed leases. The Board of Directors may adopt reasonable rules regarding the use of

/·~.Ufl1j:S and the common elements by lessees of Units that are more restrictive than the rules-. -,ftipt govern the use by Unit Owners. If a lessee violates any of these rules or any other rules

of the Association or any term of this Declaration or its exhibits, in addition to any other rightsthat it may have, the Association has the right to evict the lessee from the Unit and, for thepurposes thereof, each Unit Owner, by accepting title to a Unit in this Developmentauthorizes the Association to act on his behalf as his agent in any action brought to evict alessee under this paragraph. In the event that the Association evicts any lessee or otherwisetakes any action to enforce the rules of the Development or the Association, the Board ofDirectors and the other Unit Owners shall not be liable to the lessee/owner for any loss ordamages suffered, arising from or connected therewith.

ARTICLE XII ~ REMEDIES

Section 12.01 - Violations. Whenever there shall have been built, or there shall existon any Lot, any structure, building, thing or condition which is in violation of the Covenants,Association shall have the right, but not the obligation, to enter upon the property where suchviolation exists and summarily to abate and remove the same, all at the expense of theOwner of such property, which' expense shall be payable by such Owner to Association ondemand, and such entry and abatement or removal shall not be deemed a trespass or makeAssociation liable in any way to any person, firm, corporation or other entity for any damageson account thereof.

Section 12.02 - Special Assessment for Noncompiiance. In addition to the aboveremedies, there may be levied a Special Assessment for noncompliance as described inArticle VIII, Section 8.03 of this Declaration.

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/~>j'~),ARIi'cLE XIII - MISCELLANEOUS

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Section 13.01 - Appr:0¥a'I~o Wherever in the Covenants the consent or approval ofDeveloper is required to lb~ '9lj>tained, no action requiring such consent or approval shall becommenced or undertaker.t.:Untii and after a request in writing seeking the same has beensubmitted to and approved in writing by Developer. In the event Developer fails to act on anysuch written reques(~thl~' thirty (30) days after the same has been submitted to Developeras required above;,"{he:-:ponsent or approval of Developer to the particular action sought insuch written req.l:!~f~M!all be conclusively and irrefutably presumed. However, no actionshall be taken gY.:-Q'r:e~ behalf of the person or persons submitting such written request whichviolates any oflhi3re6venants herein contained. .

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Secti6o~3:,62 - Assignments. Developer shall have the sole and exclusive right at anytime and/ff6.:rrt-.;fime to time to transfer and assign to any person, firm or corporation,includin!i.;:.I~l,It·pot limited to, the Association, any or all rights, powers, easements, privileges,authorit!~s.(ana reservations given to or reserved by Developer by any part or paragraph ofthe 9~2.er;t$lts or under the provisions of the Plat. If at any. time hereafter there shall be nopersob,~\firm or corporation entitled to exercise the rights, powers, easements, privileges,aut.~~ities and reservations given to or reserved by Developer under the provisions hereof,t~e:~a.!J1e shall be vested in and be exercised by a committee to be elected or appointed by

(tf.ie..-o.wners of a majority of the Lots. Nothing herein contained, however, shall be construed/-,,,'af?"'p'"'onferring any rights, powers, easements, privileges, authorities or reservations in said....·o,C.9mmittee, except in the event aforesaid. .

Section 13.03 - Developer's Rights. Developer reserves and shall have the sole andexclusive right:

(a) To modify and amend these Covenants as may be required by.the FederalNational Mortgage Association, or other insurer of first mortgages upon the Units or Lotswithout acquiring the approval or joinder of any other Unit Owner or mortgagee or contractpurchaser. '

(b) To amend, modify or grant exceptions or variances from any of the userestrictions set forth in Article II of this Declaration of Covenants, Conditions and Restrictionswithout notice to or approval by other Owners or mortgagees.

(c) To amend these Covenants for the purpose of curing any error or ambiguityin or any inconsistency between the provisions contained herein without acquiring theapproval or joinder of any other Unit Owner or mortgagee or contract purchaser.

(d) To include in any contract, deed, sublease agreement or other instrumenthereafter made any additional covenants and restrictions applicable to the Land which do notlower the standards of the Covenants.

(e) Notwithstanding anything contained herein to the contrary in thisDeclaration, the Articles of Incorporation or Bylaws, the Developer shall be entitled to useany unsold Unit or boat dock as an aide in selling Units or as a sales office, constructionoffice, or parking lot, and shall further be allowed to place on the Development signsadvertising the sale of Units, construction trailers and sales trailers; The Developer shall

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further. have the right to copi:QJ.efe construction of all improvements to the Common Areacontemplated by its develop~~~h;lan and to transact, on the Development, any business toconsummate the sale oL\UnilS, and all sales office and model furniture shall not beconsidered Association p';p~~ and shall remain the property of the Developer.

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(f) To am~~a-this Declaration to add additional property to be subject hereto,and which shall be(fle.y~lpped in a similar manner as the property described in Exhibit A.which annexation. sl:l@U)ie accomplished by the Developer executing and recording in thePublic Records df \th~~'i'County in which the subject property is located an amendmentexecuted sOlel~~~~~§ Developer. , ,

( , , ..~... .-Sectio~ ~Z,:04 -Additional Covenants. No Owner, without the prior written approval of

Developer,:'~=jmpose any additional covenants Dr restrictions on any part of the Land. shown on/fl;i'e:'f2lat.!.(;.... ~/{ '-Of

s~t~ 13.05 - Termination. These Covenants, Conditions and Restrictions, asamended ~fld added to from time to time, and as provided for herein, shall, subject to thepro\fi~iG~'hereof and unless released as herein provided, be deemed to be covenantsrunQ,irig-l'iith the title to the Land and shall remain in full force and effect for a period of thirty(;3.bj,~rs from the date of recording the original restrictions, and thereafter these Covenants1~...aU:~l::re automatically extended for successive periods of ten (10) years each, unless within

,,·''S...!x;;(6) months prior to the commencement of any ten (10) year period, an instrument in<'wf~lng, executed by the Owners representing eighty percent (80%) of the votes of Lots has

''been recorded in the Public Records of Pinellas County, Florida, in which written agreementany of the Covenants provided for herein may be changed, modified, waived or extinguished,in whole or in part, as to all or any part of the property then subject thereto, in the mannerand to the extent provided in such written agreement.

Section 13.06 - Amendment. Subject to the provisions of Section 13.03(b) hereof, thecovenants, conditions and restrictions of this Declaration may be amended by an instrumentexecuted by the then Owners who represent seventy percent (70%) of the votes of Lots andshall be placed of record in the Office of the Clerk of the Circuit Court where the Land islocated. ' Notwithstanding anything herein contained to the contrary or in Section 13.03, noamendment of this Declaration which in any way alters, changes, limits, diminishes orotherwise affects any Institutional Lender's position, right or equity as mortgagee of a Lotshall be effective without the joinder of the Institutional Lender, nor shall any amendmentaffect the rights reserved unto the Developer throughout this Declaration as long as there isa Class B membership, without the Developer's approval, nor shall any amendment whichwould affect the surface water management system be effective without the prior writtenapproval of the South FloridaWater Management District.

Section 13.07 - Negligence. Any Qwner shall be liable for the expense of anymaintenance, repair or replacement rendered necessary by his act, neglect, carelessness orby that of any member of his family, or by his or her guests, employees or lessees, but onlyto the extent that such expense is not met by the proceeds of insurance carried by theAssociation, Such liability shall include any increase in fire insurance rates occasioned byuse, misuse or occupancy or abandonment of a Unit,interest or its appurtenances.

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Section 13.08 - Enforeemeflt. ,If any person, firm, corporation or other entity shallviolate or attempt to viola(e(:af1Y~ of the Covenants, it shall be lawful for Developer, theAssociation or any persof),-{),r'P~r;5ons owning any Lot:

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(a) To instityfei and maintain civil proceedings for the recovery of damagesagainst those so viol~ting.or attempting to violate any such covenants or restrictions; or;

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(b) iTp~n§titute and maintain a civil proceeding in any court of competentjurisdiction against\t'iloss so violating or attempting to violate any of the Covenants for thepurpose of prev'en1ft:,g or enjoining all or any such violations or attempted violations. Theremedies conf~i~~rL?in this Section 13.08 shall be construed as cumulative of all otherremedies n9~,"or ,/hereafter provided bylaw. The failure of Developer, his grantees,successo~Qt~ssigns, to enforce any. Covenant or any other obligation, right, power,privilege,;at4t~6dty or reservation herein contained, however long continued, shall in no eventbe deeJ;ri~;~"a,waiver of the right to enforce the same thereafter as to the same breach orviolatian,c/9r"c!ls to any other breach or violation thereof occurring prior to or SUbsequent

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!..>~>-:.-/ (c) In any proceeding arising because of alleged failure of an Owner to complywitli"tl1e terms of this Declaration, its Exhibits or Regulations adopted pursuant thereto, as(~~~ocuments and Regulations may be amended from time to time, the prevailing party

,..",.~~It'be entitled to recover the costs of the proceeding and such reasonable attorneys' fees·'-.. -,Ei'Srmay be awarded by the court ....._..

Section 13.09 ~ Annexation. While at the time of the recording of this Declaration, thecovenants, conditions and restrictions contained herein apply only to the property describedin Exhibit A, Developer does reserve the right, in its sole discretion, to annex to the terms ofthis Declaration additional lands that it owns or acquires adjacent to that described in ExhibitA. As provided previously for amendments, said annexation may be accomplished solely bythe Developer without the joinder or consent of the Association, Owners or the holders ofliens on' Lots. There is no obligation on the part of the Developer to make such anannexation, but at the time an amendment of annexation is recorded, said annexed landshall become SUbjectto the terms and conditions of this Declaratiory.

Section 13.10 - Security. The Association may, but shall not support certain activitieswithin the Land designed to make the property safer than it otherwise might be, Additionally,neither Developer nor the Association makes any representations Whatsoever as to thesecurity of the Land or the effectiveness of any security gate, or other security device. AllOwners agree to hold Developer harmless from any loss or claim arising from the occurrenceof any crime or other act. Neither the Association, Developer, nor any successor Developershall be in any way considered insurers or guarantors of security within the Land. Neither theAssociation, Developer, nor any successor 'Developer shall be held liable for any loss ordamage by reason of failure to provide adequate security or ineffectiveness of securitymeasures undertaken, if any. All members, Owners and occupants of any Lot or Unit,tenants, guests and invitees of any Owner acknowledge that the Association, its board andany committee, Developer and any successor Developer do not represent or warrant any

. security gate or other security devise, will in all cases provide the protection for which thegate or other security devise is intended. Each member, Owner and occupant of any Lot or

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Unit, and each tenant, gues~~8rtg"\nvitee of an Owner acknowledges and understands thatthe Association, its board a~~"qdjrimittees, Developer, and any successor developer are notinsurers and that each m~e'f/Owner, and occupant of any Lot or Unit, and each tenant,guest and invitee of any Ifn:~~~er or Owner assumes all risks for loss or damage to persons,to Lots or Unit, and to\ttj~~/contents of Lots or Unit and further acknowledges that theAssociation, its board and the committee, Developer, and any successor Developer' havemade' no representc!i.~t3IJ~>or warranties, expressed or implied, including any warranty ofmerchantability or" 'fi-tJj~~ for any particular purpose, relative to any security measuresundertaken within {h~' Land.

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Section,r'l:-f:j...ii- Severability. The invalidation of any provision or provisions of theCovenants ~€4 'loJt~ herein by judgment or court order shall not affect or modify any of theother provi~~s~'0f' the Covenants which shall remain in full force and effect. '

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S.e:ttl6b'1·3.12 - Paragraph Headings. The paragraph headings contained in thisDeclar~ti&fafe for reference purposes only and shall not in any way affect the meaning,cont~At'Q;(.1f;lterpretation hereof. ,

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i.'.~-c, :5'eCtion 13.13 -,Inapplicability of Condominium Act. It is acknowledged that theh',sS€>cletion is not intended to be a condominium association, and is not intended to and shall/T.i~fD¢;govemed by the provisions of Florida Statutes, Chapter 718.

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i~») Section 13.14 - No Public Right or Dedication. Nothing contained in this Declarationsnail be deemed to be a gift or dedication of all or any portion of the Association Property tothe public or for any public use.

Section 13.15 - No Representations or Warranties. No representations or warranties of anykind, express or implied, have been given or made by Developer or its agents or employeesin connection with any portion of the association Property, its physical condition, zoning,compliance with applicable laws, fitness for intended use, or in connection with the Land,sale, operation, maintenance, cost of maintenance, taxes or regulation therof, except asspecifically and expressly set forth in this Declaration.

ARTICLE XIV - SPECIAL PROVISIONS TO SATISFY THE REQUIREMENTS OFFEDERAL NATIONAL MORTGAGEASSOCIATION

Section 14.01 - Association Records. The Association shall allow all Owners, theirlenders, insurers and guarantors of first mortgages to inspect, during normal business hours,all of the records of the Association.

Section 14.02 - Association Annual Statement. Upon written request, the Associationshall fumish its most recent annual statement to any holder of a first mortgage of a Lot in theDevelopment.

Section'14.03 - Notices. Upon written request, the Association shall furnish thefollowing notices to the holder, insurer or guarantor of any mortgage of any Lot in theDevelopment:

29

DEVELOPER:

CLEARWATER TOWNHOMES, INC.,a Florida corporation

BY:~~-Name: Paul Camp LaneDirector / President

,PINELLAS COUNTY FL OFF. REC. BK 15022 PG 660

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(a) Notice of c;,,:~~jnquency in the payment of assessments more than sixty(60) days past due as to the:a,PJi?llpable Lot.

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r... "':.\.............~"./(b) Notice 6i 'a;h'v lapse, cancellation or material modification of any insurance

polity or fidelity bond mat~med by the Association.

(c) N6irte<:ot any proposed action which would require the consent of apercentage of moItga§8,:::.l;iolders.

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Section 'f4~b~; Terms. As used herein, the terms "mortgagee" or "lender" shall bedeemed to in~qdi~he Federal National Mortgage Association, as applicable.

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,A~:~:~/IN.:W.l'f'NESS WHEREOF, Developer has caused this instrument to be duly executed

the date/and 'year indicated.<' c:~"~~/

Signed'2flitiSealed inthe 6re.~~ce·of:

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C:;<:::·,/ , ./"'!Y~~~UJ~~~'~L~~1

Name: C N9 .

STATEOF FLORIDACOUNTY OF ORANGE

I HEREBY CERTIFY that this day in the next above named State and County beforeme, an officer duly authorized and acting, personally appeared Paul Camp lane, as Directorand President of CLEARWATER TOWNHOMES, INC., a Florida corporation,' who ispersonally known to me or who produced Florida Driver's License as identification, and whoexecuted the foregoing Declaration of Covenants, Conditions and Restrictions, andacknowledged that he executed the same as a director and president of the said corporationfor the purposes therein expressed, and that the said instrument is the act and deed of saidcorporation.

WITNESS my hand and official seal this2lj~day of fYl~ .2006.

o~,;" 0t$1YJMa rie vans

Florida otary Public

30

PINF;:LL.l>-...8 COUNTY FL OFF. REC. BK 15022 PG 661

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( r-. \"~' EXHIBIT A

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A PARCEL OF LAN~\LYING IN SECTION 8, TOWNSHIP 29 SOUTH,RANGE 15 EAST..~····P..r'NELLAS COUNTY, FLORIDA. BEING MOREPARTICULARLY DESCRIBED AS FOLLOWS:

f~··""':"". r-,LOTS 1 T~~.o:V.g'H 10 'OF ISLAND TOWNHOMES, ACCORDING TOTHE MAP".0"ft.,HLAT THEREOF, AS RECORDED IN PLAT BOOK 127PAGES 4Itr&.~7. OF THE PUBLIC RECORDS OF. PINELLAS COUNTY,FLORID;<\;'>.:/: \ c \

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