Declaration of Party Wall Agreement, Common Roof Agreement, Cross-Easement, Covenants, Conditions and Restrictions of Spice Palms of South Pasadena

Home , Party wall

Prepared by & Return to: Kenneth G. Arsenault, Jr., Esq. ARSENAULT LAW OFFICES, P.A. 10225 Ulmerton Road, Suite #2 Largo, Florida 33771

DECLARATION OF PARTY WALL AGREEMENT, COMMON ROOF AGREEMENT, CROSS-EASEMENT, COVENANTS, CONDITIONS AND RESTRICTIONS OF SPICE PALMS OF SOUTH PASADENA

THIS DECLARATION, made on the date hereinafter set forth by GREVILLA HOMES LLC, a Florida Limited Company hereinafter referred to as "Declarant".

W I T N E S S E T H:

WHEREAS, Declarant is the owner of certain property situated in the County of Pinellas, State of Florida, which is more particularly described as:

All of SPICE PALMS OF SOUTH PASADENA, according to the map or plat thereof as recorded in Plat Book ______, Pages __ and __, Public Records of Pinellas County, Florida (the “Plat”).

NOW THEREFORE, Declarant hereby declares that all of the properties described above shall be held, sold and conveyed subject to the following easements, restrictions, covenants, and conditions, which are for the purpose of protecting the value and desirability of, and which shall run with, the real property and be binding on all parties having any right, title or interest in the described properties or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof.

ARTICLE I DEFINITIONS

Section 1. "Association" shall mean and refer to SPICE PALMS OF SOUTH PASADENA H.O.A., INC., its successors and assigns. The Articles and By-Laws of the Association are attached hereto as Exhibits “A” and “B” respectively.

Section 2. "Owner" or “Lot Owner” shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any Lot which is a part of the Properties, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation.

Section 3. "Properties" or "Property” shall mean and refer to that certain real property hereinbefore described, and such additions thereto as may hereafter be brought within the jurisdiction of the Association.

Section 4. "Common Area" shall mean all real property (including the improvements thereon) owned by the Association for the common use and enjoyment of the owners and designated as Tract “A” on the Plat of Spice Palms of South Pasadena.

Section 5. "Lot" shall mean and refer to Lots 1 through 9, inclusive and improvements thereon as shown upon the recorded map or plat of the Properties in Plat Book _____ Pages _ and ______, Public Records of Pinellas County.

Section 6. The Surface Water Management System Facilities shall include, but are not limited to: all inlets, ditches, swales, culverts, water control structures, retention and detention areas, ponds, lakes, floodplain compensation areas, wetlands and any associated buffer areas, and wetland mitigation areas. The surface water management system facilities are located on land that is designated Common Area on the Plat and are located on land that is owned by the Association.

Section 7. "Townhouse or Townhome" shall mean a residential building constructed upon a Lot.

ARTICLE II PROPERTY RIGHTS

Section 1. Owners' Easements of Enjoyment. Every Owner shall have a right and easement of enjoyment in and to the Common Area which shall be appurtenant to and shall pass with the title to every Lot, subject to the following provisions:

(a) the right of the Association to charge reasonable fees for the use of any recreational facility situated upon the Common Area;

(b) the right of the Association to suspend the voting rights and right to use of the recreational facilities by an Owner for any period during which any assessment against his Lot remains unpaid, and for a period not to exceed 60 days for any infraction of its published rules and regulations;

(c) the right of the Association to dedicate or transfer all or any part of the Common Area to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the Members of the Association. No such dedication or transfer shall be effective unless an instrument agreeing to such dedication or transfer signed by 2/3rds of each class of members of the Association and their first mortgagees has been recorded.

(d) the right of the Association to adopt reasonable rules and regulations controlling the use of the common areas to promote the health, safety and common interests of all of the Owners.

(e) the right of the Association to impose reasonable limits upon the number of guests who may use these facilities;

(f) the right of the Declarant to grant easements in and to the Common Area for utility and cable television services and other public uses which benefit the community as a whole provided that this right shall terminate upon the first conveyance of a Lot to an Owner other than Declarant;

(g) the right of the Association to borrow money for the purpose of improving the Common Area or acquiring additional common areas or for constructing, repairing or improving facilities located thereon and to give as security for the payment of any such loans a mortgage conveying all or any portion of the Common Area except streets; provided, further, that the creation of any such mortgage shall require approval of two- thirds (2/3) of each class of Members.

(h) any limitations on use contained elsewhere in this Declaration.

Section 2. Delegation of Use. Any Owner may delegate, in accordance with the By-Laws, his right of enjoyment to the Common Area and facilities to the members of his family, his tenants, business invitees, social invitees or contract purchasers who reside on a Lot.

Section 3. Access. Each Owner shall have the right to ingress and egress over all pavers, driveways and sidewalks necessary for access to the Owner's parcel including pavers and driveways located upon each Lot. No Owner shall park or allow its guests or invitees to park their respective vehicles so as to block, in whole or in part, the driveways. Each Owner is entitled to unfettered and unobstructed access to and from its

Page 2 Lot. Each Owner shall have the right to lateral support for the Owner's Lot. The rights provided in this section shall be subject to reasonable rules and regulations as may be adopted from time to time by the Association. In addition, all lawful emergency vehicles and equipment shall have the right to pass over and across all portions of the Property to protect the health, welfare and property of the Owners.

Section 4. Limitations upon Use of Lot and Common Elements. No Lot Owner may plant, garden or erect or maintain fences, hedges, walls or other improvements upon any portion of the Property, including the Lot by the Owner thereof, which has been designated as Common Area and/or dedicated as an easement area in favor of the Association, the Declarant, public agencies or utility companies pursuant to the Plat. Each Owner shall have a cross easement appurtenant for use of any sidewalks or paved areas. The Association’s Board of Directors of the Association may establish reasonable rules and regulations concerning the use of the Common Area and facilities. These regulations shall be binding upon each Owner, and the Association may impose reasonable monetary fines and other sanctions for violation of the rules which may be collected by lien and foreclosure as provided hereinafter.

Section 5. Drainage. Each Owner shall have a drainage easement across each and every other Owner's Lot for the natural flow of rain water run-off and no structure, digging or other activity conducted by an Owner may interfere with said drainage easement.

Section 6. Easements for Encroachments. Each Lot shall be subject to an easement for encroachments by improvements on the adjoining lot where such encroachments do not exceed two (2) feet within the subject boundaries and provided that any such encroachments are created by the initial construction, subsidence or rebuilding and reconstruction following casualty.

ARTICLE III EXTERIOR MAINTENANCE

Section 1. Association Maintenance. In addition to maintenance upon the Common Area, the Association shall provide exterior maintenance upon each Townhouse and Lot which is subject to assessment hereunder, as follows: paint, repair, replacement and care of roofs, gutters, downspouts, exterior building surfaces, termite treatment and repair of termite damage to any siding or exterior structural portion of the Unit, trees, shrubs, grass, walks, and other exterior improvements and take such other action as the Association is authorized to take with regards to the Property pursuant to its Articles of Incorporation and Bylaws, or this Declaration. The Association or its authorized agents shall have the right at any time, from time to time, without any liability to the Owner for trespass or otherwise, to enter any Lot for the purpose of maintaining the Common Areas and such common facilities and enforcing any of the restrictions as set forth as part of this Declaration. Such exterior maintenance shall not include glass surfaces or doors located upon any Lot. In the event that the need for maintenance or repair of a Lot or the improvements thereon is caused through the willful or negligent acts of its Owner, or through the willful or negligent acts of the family, guests or invitees of the Owner of the Lot needing such maintenance or repair, the cost of such exterior maintenance shall be added to become part of the assessment to which such Lot is subject. Notwithstanding anything herein to the contrary, in the event that the Association fails to undertake its obligations with respect to any items of repair pertaining to a Townhouse or Lot within thirty (30) days after written notice to the Association from the owner specifying in detail the necessity of such repair (or, in the event of an emergency, where such repair is necessary to prevent waste to the Townhouse, within 24 hours following written notice to the Association) then, and in such event, the Owner shall have the right to undertake such repair, whereupon the Association shall reimburse Owner for the reasonable cost of such repair upon presentment of evidence of full payment by Owner of such repair work. .

Section 2. Other Maintenance. Maintenance of the Common Area includes any surface water management system facilities, including all inlets, ditches, swales, culverts, water control structures, retention and

Page 3 detention areas, ponds, lakes, floodplain compensation areas, wetlands and any associated buffer areas and wetland mitigation areas within the Common Areas, if any. Maintenance of the Common Area includes drainage retention or detention ponds or structures, if any. To maintain means to keep in an engineered working order; to function as designed; to follow maintenance and operation instructions, if any, for such facilities as required by the Southwest Florida Water Management District (the “District”). Operation and maintenance and re-inspection reporting shall be performed in accordance with the terms and conditions of the Environmental Resource Permit.

(a) It shall be the responsibility of the Association to operate and maintain any surface water management system in accordance with the requirements of the Southwest Florida Water Management District. The surface water management system is part of the Common Area.

(b) The Board of Directors of the Association is empowered to levy special assessments for the operation and maintenance of Surface Water Management System Facilities pursuant to the provisions of Article VII hereof.

(c) Any amendment to this Declaration which would affect Surface Water Management System Facilities must have the prior written approval of the Southwest Florida Water Management District.

(d) The District has the right to take enforcement measures, including a civil action for injunction and/or penalties, against the Association to compel it to correct any outstanding problems with the surface water management system facilities.

(e) If the Association ceases to exist, all of the Lot Owners shall be jointly and severally responsible for the operation and maintenance of the surface water management system facilities in accordance with the requirements of the Environmental Resource Permit, unless and until and alternate entity assumes responsibility as explained in subsection 12.3.3 of the Environmental Resource Permit Applicant’s Handbook Volume I, effective October 1, 2013 as amended..

In the event that the need for maintenance or repair of a Lot or the improvements thereon is caused through the willful or negligent acts of its Owner, or through the willful or negligent acts of the family, guests, licensees or invitees of the Owner of the Lot needing such maintenance or repair, the cost of such exterior maintenance (including the deductible on any insurance policy) shall be added to and become part of the assessment to which such Lot is subject.

Section 3. Lot Owner Maintenance. All other exterior maintenance, except for that provided in Section 1 of this Article or unless covered by insurance as provided in Article IX, shall be the responsibility of the individual Lot Owners or groups of Lot Owners and shall be allocated as provided elsewhere in this Declaration. In the event an Owner of any Lot in the Properties shall fail to maintain the premises and the improvements situated thereon in a manner satisfactory to the Board of Directors of the Association, the Association, after approval by two-thirds (2/3) vote of the Board of Directors of the Association shall have the right, through its agents and employees, to enter upon said parcel and to repair, maintain, and restore the Lot and the exterior of the buildings and any other improvements erected thereon according to the procedures provided in Article X Section 4 herein. The cost of such exterior maintenance shall be added to and become part of the assessment to which such Lot is subject, said additional assessment being due and payable immediately upon the assessment's accrual.

ARTICLE IV PARTY WALLS

Page 4 Section 1. General Rules of Law to Apply. Each wall which is built as a part of the original construction of the Townhomes upon the Properties and placed on the dividing line between the Lots shall constitute a party wall, and, to the extent not inconsistent with the provisions of this Article, the general rules of law regarding party walls and liability for property damage due to negligence or willful acts or omissions shall apply thereto.

Section 2. Sharing of Repair and Maintenance. The cost of reasonable repair and maintenance of a party wall not covered by insurance shall be shared by the Owners who make use of the wall in proportion to such use. The Association has the irrevocable right of access to each Lot during reasonable hours after reasonable notice, when necessary for the maintenance, repair, or replacement of any party walls or utilities located therein or for making emergency repairs which are necessary to prevent damage to the party walls or utilities located therein or to another adjacent Lot or Lots.

Section 3. Structural Change. The Owners of the respective Lots shall make no structural changes in a party wall.

Section 4. Destruction by Fire or Other Casualty. If a party wall is destroyed or damaged by fire or other casualty, the Association pursuant to the provisions of Article IX or any Owner, if an uninsured loss, who has used the wall may restore it, and if the other Owners thereafter make use of the wall, they shall contribute to the cost of restoration thereof not covered by insurance in proportion to such use without prejudice, subject however, to the right of any such Owners to call for a larger contribution from the others under any rule of law regarding liability for negligent or willful acts or omissions.

Section 5. Weatherproofing. Notwithstanding any other provision of this Article, an Owner who by his negligent or willful act causes the party wall to be exposed to the elements shall bear the whole cost not covered by insurance of furnishing the necessary protection against such elements.

Section 6. Right to Contribution Runs With Land. The right of any Owner to contribution from any other Owner under this Article shall be appurtenant to the land and shall pass to such Owner's successors in title.

Section 7. Arbitration. In the event of any dispute arising concerning a party wall, or under the provisions of this Article, each party shall choose one arbitrator, and such arbitrators shall choose one additional arbitrator, and the decision shall be by a majority of all the arbitrators.

ARTICLE V COMMON ROOFS

Section 1. General Rules of Law to Apply. Each roof which is built as part of the original construction of the Townhomes upon the Properties and which covers a group of Lots which form a single continuous building shall constitute a common roof, and, to the extent not inconsistent with the provisions of this Article, the general rules of law regarding common roofs and liability for property damage due to negligence or willful acts or omissions shall apply thereto.

Section 2. Sharing of Repair and Maintenance. The costs of reasonable repair and maintenance of a common roof required because of normal wear and tear or general deterioration not covered by insurance shall be shared by the Owners of all of the Lots in that specific building in proportion to each Owner's use of the common roof. Should an entire common roof be determined to be in need of maintenance, repair or replacement by 67 % of the Owners beneath said common roof, then the necessary maintenance, repair or replacement shall be performed as soon as possible and all of the Owners beneath said common roof shall share the cost and expense incurred in the manner stated in the first sentence of this paragraph. If only a

Page 5 portion of a common roof is in need of maintenance, repair or replacement, then the repairs may be ordered upon the same 67 % approval contained in the immediately preceding sentence or any Owner whose Lot is directly affected by the need for maintenance, repair or replacement may order the work performed if the Owners of all of the Lots beneath said common roof fail to act within a reasonable time and all of the Owners beneath said common roof shall share the cost and expenses incurred in the manner stated in the first sentence of this section.

Section 3. Structural Change. The Owners of the respective Lots shall make no structural changes in a common roof.

Section 4. Destruction by Fire or Other Casualty. If a common roof is destroyed by fire or other casualty, the Association pursuant to the provisions of Article IX or any Owner, if an uninsured loss, who has used the common roof may restore it, and the cost of restoration thereof not covered by insurance shall be contributed to by the Owners who make use of the roof in proportion to their use of the roof without prejudice, subject however, to the right of any such Owners to call for a larger contribution from the Owners under any rule of law regarding liability for negligence of willful acts or omissions.

Section 5. Negligence and Primary Responsibility. Notwithstanding any other provision of this Article, an Owner who by his negligence or willful act or similar acts by his licensee or invitee causes the common roof to be damaged or deteriorate shall bear the whole cost of furnishing the necessary repairs and restoration to the common roof when not covered by insurance; provided, that the Association pursuant to the provisions of Article IX or any Owner of a lot beneath that common roof, if an Uninsured loss, may restore it if an Owner with primary responsibility for such repair fails to act within a reasonable time and the repairing Owner may then impose the cost of such restoration on the Owner with primary responsibility.

Section 6. Right to Contribution Runs with Land Owner. The right of any Owner to contribution from any other Owner under this Article shall be appurtenant to the land and shall pass to such Owner’s successors in title.

Section 7. Arbitration. In the event of any dispute arising concerning a common roof, or under the provisions of this Article, each party shall choose one arbitrator and such arbitrators shall choose one additional arbitrator, and the decision shall be by a majority of all arbitrators.

Section 8. Repair by Association. If any Owner or Owners fail to make the repairs and restorations required by this Article within a reasonable time, then the Association may make such repairs pursuant to the provisions of Article III hereof.

ARTICLE VI MEMBERSHIP VOTING RIGHTS AND POWERS

Section 1. Every Owner of a Lot that is subject to an assessment is bound to and hereby agrees that he shall accept membership in the Association and does hereby agree to be bound by this Declaration, the Articles of Incorporation and the Bylaws of the Association and the rules and regulations enacted pursuant thereto. Membership is automatic upon acquisition of ownership of a Lot upon which a building is constructed, appurtenant to ownership of such Lot, and may not be transferred apart and separate from a transfer of the ownership of the Lot. Membership shall not run to persons who hold an interest in a Lot merely as security for performance of an obligation.

Section 2. The Association shall initially have two classes of voting membership;

Page 6 Class A. Class A members shall be all Owners of Lots with the exception of the Declarant, and shall be entitled to one vote for each Lot owned. There shall be six voting Class A members. When more than one person holds an interest in any Lot, all such persons shall be members. The vote for such Lot shall be exercised as they determine pursuant to provisions for voting in the Bylaws of the Association but in no event shall more than one vote be cast with respect to any Lot.

Class B. The Class B members shall be the Declarant who shall be entitled to five (5) votes for each Lot owned. The Class B membership shall cease and be converted to Class A membership on the happening of either of the following events, whichever occurs earlier:

(a) three months after 90% of all of the Lots in the Property and any additions thereto that will ultimately be operated by the Association have been conveyed to Members; or

(b) on an earlier date if elected by Declarant.

Upon termination of the Class B voting membership, all provisions of this Declaration, the Articles of Incorporation and the By-Laws of the Association referring to Class B voting membership shall be obsolete and without further force or effect.

ARTICLE VII COVENANT FOR MAINTENANCE ASSESSMENTS

Section 1. Creation of the Lien and Personal Obligation of Assessments. The Declarant, for each Lot owned within the Properties, hereby covenants, and each Owner of any Lot by acceptance of a deed therefore, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association: (1) annual assessments or charges, (2) additions to assessments as provided in Articles III, IX and X herein, (3) special assessments for capital improvements, such assessments to be established and collected as hereinafter provided and (4) special reconstruction assessments as provided herein. For purposes of this Article VII and the determination of assessments for a Lot and Lots subject to assessment, there shall initially be six Lots subject to assessment. The annual assessment, additions to assessments and all special assessments, together with interest, costs, and reasonable attorney's fees, shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made and shall be a lien in favor of the Association for the benefit of all Lot Owners. Each such assessment, together with interest, costs, and reasonable attorney's fees, shall also be the personal obligation of the person who was the Owner of such property at the time when the assessment fell due. The personal obligation for delinquent assessments shall not pass to his successors in title unless expressly assumed by them.

Section 2. Purpose of Assessments. The assessments levied by the Association shall be used exclusively to promote the recreation, health, safety, and welfare of the residents in the Properties and for the improvement and maintenance of the Common Area and of the Townhouses situated upon the properties. The regular annual assessments as determined by the Association shall include but not be limited to the following expenses:

(a) Maintenance and repair of roads, water lines, sanitary sewer facilities (including lift stations if owned by Association) beyond the boundaries of the Lots, and storm drainage facilities or surface water management system facilities attendant to the Properties;

(b) Maintenance and repair of any recreational facilities which may be located within the common area from time to time;

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(d) Lawn and landscaping of the Common Areas and exterior Lot maintenance;

(e) Common Area management and maintenance;

(f) Insurance as provided herein or as subsequently determined by the Association;

(g) Repayment of any debts incurred by the Association as provided herein; and

(h) Reserves for repairs.

Section 3. Maximum Annual Assessment. From and after January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessments, excluding additions thereto as provided in Articles III, IX and X herein, may be increased each year not more than 15% above the maximum assessment for the previous year without a vote of the membership. From and after January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment, excluding additions thereto as provided in Articles III, IX and X herein, may be increased above 15% by a vote of two-thirds (2/3) of each class of members who are voting in person or by proxy, at a meeting duly called for this purpose. The Board of Directors of the Association may fix the annual assessment at an amount not in excess of the maximum.

Section 4. Special Assessments for Capital Improvements. In addition to the annual assessments authorized above, the Association may levy, in any assessment year, a special assessment applicable to that year only for the purpose of defraying in whole or in part, the costs not covered by insurance of any construction, reconstruction, repair or replacement of a capital improvement upon the Common Area, including fixtures and personal property related thereto, provided that any such assessment shall have the assent of two- thirds (2/3) of the votes of each class of members who are voting in person or by proxy at a meeting duly called for this purpose.

Section 5. Special Reconstruction Assessments. In addition to the assessments provided in Section 3 and 4, the Association by majority vote of the Board of Directors of the Association may levy a special reconstruction assessment on the affected Lot Owners applicable to that year only for the purpose of defraying in whole or in part, the cost not covered by insurance or otherwise allocated in Article IX of reconstruction, and repair of the improvements on the Lots as provided in Article IX, provided that the Lot Owners have not voted against reconstruction.

Section 6. Notice and Quorum for Any Action Authorized Under Sections 3 and 4. Written notice of any meeting called for the purpose of taking any action authorized under Section 3 or 4 shall be sent to all members not less than 30 days nor more than 60 days in advance of the meeting. At the first such meeting called the presence of members or of proxies entitled to cast sixty percent (60%) of all of the votes of each class of membership shall constitute a quorum. If the required quorum is not present, another meeting may be called subject to the same notice requirement, and the required quorum at the subsequent meeting shall be one-half (2) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than 60 days following the preceding meeting.

Section 7. Rate of Assessment. Both annual and all special assessments must be fixed at a uniform rate for all Lots with completed townhouse dwellings, excluding additions hereto as provided in Articles III, IX and X herein, and may be collected on a monthly basis. Any Lots without completed townhouse units shall not pay an assessment. The additions to assessments provided in Articles III, IX and X herein shall be due and payable immediately upon accrual and collected by the Association immediately upon accrual.

Page 8 Section 8. Date of Commencement and Annual Assessments: Due Dates. The annual assessments provided for herein shall commence at the Closing of the first Lot. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. The Board of Directors of the Association shall fix the amount of the annual assessment against each Lot at least thirty (30) days in advance of each annual assessment period. Written notice of the annual assessment shall be sent to every Owner subject thereto. The due dates shall be established by the Board of Directors of the Association. The Association shall, upon demand, and for a reasonable charge, furnish a certificate signed by an officer of the association setting forth whether the assessments on a specified Lot have been paid. A properly executed certificate of the Association as to the status of assessments on a Lot is binding upon the Association as of the date of its issuance.

Section 9. Effect of Nonpayment of Assessments: Remedies of the Association. A five percent (5%) late fee for administrative expenses of collection shall be added to all assessments not paid on or before thirty (30) days after the due date. Any assessment not paid within thirty (30) days after the due date shall bear interest from the due date at the highest rate of interest permitted by Florida usury laws per annum. In the event that the assessment remains unpaid after sixty (60) days, the Association may accelerate the remaining assessment installments due on the non-paying Lot for the remainder of the fiscal year by providing five (5) days notice of the Association's intent to accelerate which shall make the entire remaining assessment for that fiscal year immediately due and payable to the Association and the Association also may bring an action at law against the Owner personally obligated to pay the same, and the Association also may foreclose the lien against the Lot. No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Area or abandonment of his Lot. No remedy of the Association herein provided shall be deemed exclusive.

Section 10. Subordination of the Lien to Mortgages. The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage and liens for ad valorem taxes. Persons or entities other than first mortgagees acquiring liens or encumbrances or Homestead Rights provided by Florida Law on any Lot after this Declaration shall have been recorded in the public records of Pinellas County shall be deemed to consent to the liens and assessments of the Association and any such subsequent lien or encumbrance or Homestead Rights shall be inferior to future liens for assessments of the Association whether or not prior consent be specifically set-forth in the instruments creating such liens or encumbrances. Sale or transfer of any Lot shall not affect the assessment lien. However, the sale or transfer of any Lot pursuant to mortgage foreclosure by a first mortgagee or any proceeding in lieu thereof, including without limitation a conveyance or deed in lieu of foreclosure, shall extinguish the lien of such assessments as to payments which become due prior to such sale or transfer. No sale or transfer shall relieve such Lot from liability for any assessments thereafter becoming due or from the lien thereof.

Section 11. Exempt Property. The assessments, charges and liens created under this Article shall not apply to the Common Area nor shall the assessments apply to land or easements dedicated to and accepted by local public authority.

ARTICLE VIII ARCHITECTURAL CONTROL

No building, fence, wall or other structure shall be commenced, erected or maintained upon the Property, nor shall any exterior addition to or change or alteration therein be made until the plans and specifications showing the nature, kind, shape, height, materials, and location of the same shall have been submitted to and approved in writing as to harmony of external design and location in relation to surrounding structures and topography by the Board of Directors of the Association, or by an architectural committee composed of three (3) or more representatives appointed by the Board. In the event said Board, or its designated committee, fails to approve or disapprove such design and location within thirty (30) days after said

Page 9 plans and specifications have been submitted to it, approval will not be required and this Article will be deemed to have been fully complied with.

ARTICLE IX INSURANCE

Section 1. Association Insurance.

(a) The Association, or its duly authorized agent, shall have the authority to and shall obtain blanket all-risk insurance, if reasonably available, for all insurable improvements on the Common Area. If blanket all-risk coverage is not reasonably available, then, at a minimum, an insurance policy providing fire and extended coverage shall be obtained. This insurance shall be in an amount sufficient to cover one hundred percent (100%) of the replacement costs of any repair or reconstruction in the event of damage or destruction from any insured hazard. The Association shall also obtain a public liability policy covering the Common Area, the Association and its member Owners for all damage or injury caused by the negligence of the Association or any of its member Owners or agents. The public liability policy shall have at least a $1,000,000.00 single person limit with respect to bodily injury and property damage, a $3,000,000.00 limit per occurrence, if reasonably available, and a $500,000.00 minimum property damage limit.

(b) If the Owners of at least seventy-five percent (75%) of the Lots so elect, the Association, or its duly authorized agent, shall have the authority to and shall obtain blanket all-risk casualty insurance on every Owner’s Lot and Townhouse, in an amount sufficient to cover one hundred percent (100%) of the replacement costs of any repair or reconstruction in the event of damage or destruction from any insured hazard.

(c) Premiums for all insurance obtained by the Association shall be Common Expenses of the Association. Any policy may contain a reasonable deductible, which shall be paid by the party who would be responsible for the repair in the absence of insurance, and in the event of multiple parties, shall be allocated in relation to the amount of each party's loss bears to the total. All insurance coverage obtained by the Association shall be written in the name of the Association as trustee for the benefit of the Association, the Owners and their respective mortgagees, as their interests may appear.

Section 2. Owner's Insurance. If the Owners of at least seventy-five percent (75%) of the Lots do not elect for the Association to obtain insurance on every Owner’s Lot and Townhouse as provided in Section 1(b) above, each Owner covenants and agrees to obtain and maintain blanket all-risk casualty insurance on the Owner's Lot and Townhouse, in an amount sufficient to cover one hundred percent (100%) of the replacement costs of any repair or reconstruction in the event of damage or destruction from any insured hazard. Each Owner shall provide proof of such insurance to the Association on an annual basis, or more frequently upon the written request of the Association. If any Owner fails to provide such proof or fails to obtain and maintain any required insurance coverage, the Association shall, upon ten (10) days prior written notice to the Owner, obtain on behalf of the Owner and the Association, the insurance coverage required hereunder, and shall assess the costs incurred against the responsible Owner in the manner provided by Article 7 above.

Section 3. Disbursements of Proceeds. Proceeds of any insurance policies of the Association shall be disbursed as follows:

(a) If the insurance or destruction for which the proceeds are paid is to be repaired or reconstructed, the proceeds, or such portion thereof as may be required for such purpose, shall be disbursed in payment of such repairs or reconstruction as hereinafter provided. Any proceeds remaining after disbursing

Page 10 such costs of repairs or reconstruction to the Common Area, Lots or Townhouse, as the case may be, or, in the event no repair or reconstruction is made, after making any settlement as is necessary and appropriate with the affected Owner or Owners and their respective mortgagees, as their interests may appear, shall be retained by and for the benefit of the Association and placed in a capital improvement account. This is a covenant for the benefit of any mortgagee of a Townhouse and may be enforced by such mortgagee.

(b) If it is determined, as provided for in Section 4 of this Article that the damage or destruction to the Common Area for which the proceeds are paid shall not be repaired or reconstructed, such proceeds shall be disbursed in the manner provided for excess proceeds in Section 3(a) above.

Section 4. Damage and Destruction.

(a) Immediately after the damage or destruction by fire or other casualty to all or any part of the Property covered by insurance written in the name of the Association, the Association or its duly authorized agent, shall proceed with the filing and adjustment of all claims arising under such insurance and retain reliable and detailed estimates of the costs of repair or reconstruction of the damaged or destroyed property. Repair and reconstruction, as used in this paragraph, means the repairing or restoring of the property to substantially the same condition in which it existed prior to the fire or other casualty.

(b) Any damage or destruction to the Common Area shall be repaired or reconstructed, unless the Owners of at least seventy-five percent (75%) of the Lots elect, within sixty (60) days after the casualty, not to repair or reconstruct. If for any reason either the amount of the insurance proceeds to be paid as the result of such damage or destruction, or reliable and detailed estimates of the costs of repair or reconstruction, or both, are not made available to the Association within said period, then the period shall be extended until such information shall be made available; provided, however, such extension shall not exceed sixty (60) days. In the event that it should be determined in the manner described above that the damage or destruction shall not be repaired or reconstructed and no alternative Improvements are authorized, then, and in that event, the affected portion of the Property shall be restored to its natural state and maintained by the Association in a neat and attractive condition.

(c) In the event of damage or destruction to any Owner's Lot or Townhouse, the Owner covenants and agrees to promptly proceed to repair or reconstruct the damaged structure in a manner substantially consistent with the original architectural plans and specifications.

Section 5. Special Assessment for Repair and Reconstruction. If the damage or destruction for which the insurance proceeds are paid is to be repaired or reconstructed, and the proceeds are not sufficient to defray the costs thereof, the Association shall levy a Special Assessment against all Owners in proportion to the number of Lots owned. Additional assessments may be made in the like manner at any time during or following the completion of any repair or reconstruction.

Section 6. Association as Agent. The Association is hereby irrevocably appointed as agent for each Lot Owner and for each owner of a mortgage or other lien upon a Lot and/or the Common Area and for each owner of any other interests in the Property to adjust all claims arising under insurance policies purchased by the Association and to execute and deliver releases upon the payment of such claims.

Section 7. Lot Owners Personal Coverage. The insurance purchased by the Association shall not cover liability claims against a Lot Owner due to accidents occurring within his Lot, nor casualty or theft loss to the contents of an Owner's Lot (excepting claims relating to maintenance by the Association). It shall be the obligation of the individual Lot Owner, if such Owner so desires, to purchase and pay for insurance as to all such and other risks not covered by insurance carried by the Association.

Page 11 Section 8. Repair and Reconstruction After Fire or Other Casualty. In the event of damage to or destruction of all or any part of the Common Area as a result of fire or other casualty, unless eighty percent (80%) of the Lot Owners vote not to proceed with the reconstruction and repair of the applicable structures, the Board of Directors of the Association of the Association or its duly authorized agent shall arrange for and supervise the prompt repair and restoration of the structure in accordance with the original plats and plans.

Section 9. Insurance Deductibles. If maintenance and/or repair is required as a result of an insured loss, the amount of the deductible, if any, shall be considered a maintenance expense to be paid by the person or persons who would be responsible for such repair in the absence of insurance. If the loss affects more than one Lot or a Lot and the Common Area, the cost of the deductible may be apportioned equitably by the Board of Directors of the Association among the parties suffering loss in accordance with the total cost of repair.

ARTICLE X ADDITIONAL POWERS, RIGHTS AND OBLIGATIONS OF THE ASSOCIATION

Section 1. Powers. The Association shall have such general powers as are necessary to exercise the rights and to perform the obligations and duties set out in this Declaration, including but not limited to the power to buy and convey real property, enter into contracts, adopt rules and regulations for the general well- being of the Community, penalize delinquent members, obtain and maintain such policies of insurance as are required by this Declaration and such other policies as the Board of Directors of the Association deems necessary and desirable for the protection of the Association and its Members.

Section 2. Maintenance. The Association shall maintain and keep in good repair the Common Area and those portions of individual Lots for which the Association is responsible and for this purpose may levy assessments described herein. To the extent the roads, waterlines, sanitary sewer facilities beyond the boundaries of the lots and storm drainage facilities within the Properties are private and are not dedicated to the public, the cost and responsibility of their maintenance will be borne by the Association.

Section 3. Utilities. The Association may obtain all water, gas, electric services and refuse collections for the Common Area and for the performances of the Associations responsibilities provided herein. It may provide a central irrigation water system.

Section 4. Damage to Common Properties and Lots. In the event the Board of Directors of the Association of the Association determines by a two-thirds (2/3) vote that any Owner has failed or refused to discharge properly his obligations with respect to the maintenance, repair or replacement of any items for which an Owner is responsible as provided herein or finds that any Owner is responsible for damage to the Common Area that is not covered by insurance, the Association shall give the Owner written notice by certified mail, postage prepaid, return receipt requested, of the Association's intent to provide the necessary maintenance, repair or replacement at the Owner's sole cost and expense, which notice shall set forth with particularity the maintenance, repairs and replacement deemed necessary. The Owner shall have fifteen (15) days from the date of mailing the notice to complete the maintenance, repair or replacement in a manner acceptable to the Board of Directors of the Association or appear before the Board to contest its determination. If the Owner fails in this obligation, the Association may provide such maintenance, repair and replacement at the Owner's sole cost and expense and the cost shall be added to and become part of the assessment for which the Owner is responsible, said additional assessment becoming due and payable immediately upon the assessments accrual and shall become a lien against the Lot of the Owner enforceable by the Association, plus all costs of collection, including a reasonable attorney fee.

ARTICLE XI RESTRICTIONS UPON INDIVIDUAL USE FOR THE COMMON GOOD

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Section 1. Single Family Residential Use. No building, structure or improvement shall be constructed, erected, altered, placed or permitted to remain on any of the Lots within the Properties other than single family dwellings and customary appurtenances occupied by not more than one family or three (3) unrelated individuals without Association approval.

Section 2. Lawful Use. No part of the Properties may be used for any purpose tending to injure its reputation; nor to disturb the neighborhood; nor to disturb occupants of adjoining property within the Properties; nor to constitute a nuisance; nor resulting in a violation of any public law, ordinance or regulation in any way applicable thereto. No Lot shall be used in any way directly or indirectly for any business, commercial, manufacturing, mercantile, storing, vending or any other purpose incompatible with single family residential use.

Section 3. Maintenance. All buildings and other structures within the Properties and each portion thereof shall at all times be well and properly maintained in good condition and repair by the Owner thereof. No windows shall be covered with aluminum foil or other materials not designed for such purpose. All landscaping of every kind and character, including shrubs, trees, grass and other plantings, that is not to be maintained by the Association, within the respective Lots shall be neatly trimmed, properly cultivated and maintained continuously by the Owner thereof in a neat and orderly condition and in a manner to enhance its appearance.

Section 4. Temporary Buildings and Building Materials. No shed, tent, temporary buildings or metal storage structures shall be erected, maintained or used on any property within the Property.

Section 5. Vehicles. No mobile home, boat, bicycle, motorcycle, truck, trailer or recreational vehicle of any kind shall be kept, stored, parked, maintained, constructed or repaired on any Lot within the Properties in such a manner as to be visible from any neighboring property except on a temporary basis not to exceed one (1) week. All of the foregoing must be kept in the Owner's garage.

Section 6. Pets. Each Lot may house two (2) household pets in the Lot, to be limited to dogs or cats weighing not more than twenty five (25) pounds each and eighty (80) pounds in the aggregate at maturity (or other household pet defined as such and specifically permitted by the Association), provided it is not kept, bred or maintained for any commercial purpose, does not become a nuisance or annoyance to neighbors. No aggressive breeds of dogs such as pit bulls or chows shall be kept in or on the Property (including Lots). No reptiles or wildlife shall be kept in or on the Property (including Lots). Lot Owners must pick-up all solid wastes of their pets and dispose of such wastes appropriately. All pets, including cats, must be kept on a leash no more than six (6) feet in length at all times when outside the Lot and shall be walked only within areas, if any, designated for such purposes by the Association. Violation of the provisions of this paragraph shall entitle the Association to all of its rights and remedies, including, but not limited to, the right to fine Lot Owners and/or to require any pet to be permanently removed from the Property. This Section shall not prohibit the keeping of fish or caged household-type bird(s) in a Lot, provided that a bird(s) does not become a nuisance or annoyance to neighbors. Notwithstanding the foregoing, the first purchaser from the Declared shall be allowed to house one (1) dog or cat with a weight in excess of twenty five (25) pounds provided such dog or cat is owned at the time of taking title to his/her Lot and provided further that upon the death or loss of such dog or cat, it shall not be replaced by an animal with a weight in excess of the amount stated in the first sentence of this Section.

Section 7. Signs. After the Declarant no longer owns any lots within the Property, no signs shall be permitted in the Properties, except address and name identification signs meeting the approval of the Association and one reasonably sized sign advertising the Owner's Lot for sale or lease. So long as the

Page 13 Declarant is selling Lots in the ordinary course of business, no signs advertising Lots for sale shall be placed on any Lot or Common Area without the prior consent of the Declarant.

Section 8. Rubbish. No weeds, rubbish, debris, objects or materials of any kind shall be placed or permitted to accumulate upon any Lot within the Properties if it renders the property unsanitary, unsightly, offensive or detrimental to any other property in the vicinity. Trash, garbage, rubbish and other waste shall be kept only in sanitary containers. All sanitary containers on any Lot within the Properties shall be enclosed or fenced in such a manner that the containers will not be visible from any neighboring property or street. Trash must be bagged in plastic bags, closed securely, and on the curb on the morning of a scheduled pickup.

Section 9. Clotheslines. Clotheslines are not permitted unless they are completely hidden from the view of persons off the Lot.

Section 10. Window Air Conditioners. No window air conditioning units shall be installed without prior written approval of the Association.

Section 11. Ancillary Equipment. All oil tanks, bottle tanks, soft water tanks, pumps, condensers or other similar ancillary equipment shall be maintained and suitably screened so as not to be visible from the street or any adjacent or nearby Lots.

Section 12. Additional Improvements. Additional improvements to a Lot after conveyance by Declarant, including screening and improving the patio, shall be undertaken only pursuant to Association approval.

Section 13. Fences, Hedges and Landscaping. All landscaping plans, except within an Owner's enclosed patio, including fences and hedges must receive prior written approval from the Association before implementation.

Section 14. Rentals. No Lots may be rented or leased for a term of less than three (3) months. Lessees of Lots shall follow all restrictions and requirements contained in the Florida Statutes, this Declaration, the By-Laws of the Association and such Rules as may be approved by the Board of Directors of the Association and shall be subject to all penalties imposed by the Board of Directors of the Association on Owners of Lots. Failure to do so shall be deemed a breach of the lease agreement and may result in a termination of said agreement or non-renewal. The foregoing provision shall be included in all leases between Owners and lessees of Lots or signed as an addendum to the lease. This provision shall in no way limit the liability of the Owner of the Lot being leased for any violations or damages committed by his or her lessee.

Section 15. Antenna, Satellite Dishes. An Owner may not erect or install any television, radio or satellite antenna or dish or any other receiving or transmitting antenna or structure (collectively, an “Antenna”) on any part of the Common Area. An Owner may erect or install any Antenna on the Owner’s Townhouse, subject to the prior review and approval of the Association with respect to the size and location of the Antenna.

Section 16. Parking. All Owners shall park their vehicles in garages or designated spaces only. No person shall park a vehicle or otherwise obstruct any Owner’s ingress or egress to any garage, driveway or parking spaces. Driveways and designated parking areas in the Common Area shall not be used for the storage parking of any boat, trailer, camper, bus, truck or commercial vehicle without the prior written consent of the Association.

Section 17. Basketball Goals. No basketball goal, backboard, who or net shall be erected on any Lot or attached to any Townhome so that the same is visible from a road or street.

Page 14 ARTICLE XII GENERAL PROVISIONS

Section 1. Enforcement. The Association, or any Owner, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Failure by the Association or by any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter.

Section 2. Declarant Reservations and Exemptions. Declarant reserves unto itself an easement for ingress and egress upon all roads, walkways and other means of traversing of the properties as located within the properties from time to time. Declarant reserves for itself the right to use any of the improvements within the Lots and the Common Areas for sale centers as long as the affected Lot is not being used for residential purposes, for the purpose of marketing and selling the Lots within the Properties. Declarant reserves the right to place "For Sale" signs and other marketing signs in Declarant's discretion within any Lots which have not been previously conveyed to residential users, and any other portions of the Properties, in accordance subject only to the requirements of law. Declarant reserves the right to amend this Declaration to comply with the requirements of any interested governmental institutions or agencies and their insured mortgagees and any guidelines promulgated by the same as long as such amendments do not controvert the guidelines of any existing mortgagees, which amendment shall be executed solely by the Declarant and shall be in full force and effect upon recording in the Public Records in Pinellas County, Florida.

Section 3. Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provisions which shall remain in full force and effect.

Section 4. Amendment. The covenants and restrictions of this Declaration shall run with and bind the land, for a term of twenty (20) years from the date this Declaration is recorded, after which time they shall be automatically extended for successive periods of ten (10) years. This Declaration may be amended during the first twenty (20) year period by an instrument signed by not less than seventy-five percent (75%) of the votes of the Lot Owners, and thereafter by an instrument signed by not less than fifty percent (50%) of the Lot Owners. Any amendment must be recorded.

Section 5. Interpretation. Unless the context requires otherwise, the use of the singular shall include the plural, and vice-versa; the use of one gender shall include all genders; and the use of "including" shall mean "including but not limited to." The headings and numeration used herein are for indexing purposes only and shall not be used as a means of interpreting or construing the substantive provisions hereof.

ARTICLE XIII SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT REQUIREMENTS

Section 1. No construction activities may be conducted relative to any portion of Surface Water Management System Facilities. Prohibited activities include but are not limited to: digging or excavation; depositing fill debris or any other material or item; constructing or altering any water control structure; or any other construction to modify Surface Water Management System Facilities. If the Project contains a wetland mitigation area, as defined in section 1.7.24, or a wet detention pond, no vegetation in these areas shall be removed, cut, trimmed or sprayed with herbicide without specific written approval from the District. Construction and maintenance activities that are consistent with the design and permit conditions approved by the District in the Environmental Resource Permit may be conducted without specific written approval from the District. “Surface Water Management Facilities” shall mean surface water management system facilities including but not limited to: all inlets, ditches, swales, culverts, water control structures, retention and detention areas, ponds, lakes, flood plain compensation areas, wetlands and any associated buffer areas and wetland mitigation areas.

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Section 2. Surface Water Management System Facilities are located on land that is designated common property of the plat, are located on land that is owned by the Association or are located on land that is subject to an easement in favor of the Association and its successors.

Section 3. The Association is responsible for the operation and maintenance of Surface Water Management System Facilities. Operation and maintenance and re-inspection reporting shall be performed in accordance with the terms and conditions of the Environmental Resource Permit issued in conjunction with the development of the project.

Section 4. Any amendment of this Declaration affecting Surface Water Management System Facilities or the operation and maintenance of Surface Water Management System Facilities shall have the prior written approval of the Southwest Florida Water Management District.

Section 5. If the Association ceases to exist, all of the Unit Owners shall be jointly and severally responsible for the operation and maintenance of Surface Water Management System Facilities in accordance with the requirements of the Environmental Resource Permit, unless and until an alternate entity assumes responsibility as explained in subsection 12.3.3 of the Environmental Resource Permit Applicant’s Handbook Volume I, effective October 1, 2013 as amended.

Section 6. All the Lot Owners must be members of the Association.

Section 7. The District has the right to take enforcement measures, including a civil action for injunction and/or penalties, against the Association to compel it to correct any outstanding problems with Surface Water Management System Facilities.

Section 8. The foregoing restrictions regarding Surface Water Management System shall be in effect for at least 25 years with automatic renewal periods thereafter.

IN WITNESS WHEREOF, GREVILLA HOMES LLC, a Florida Limited Liability Company, being the Declarant herein, caused this Declaration to be executed this ____ day of ______, 201--

WITNESSES: GREVILLA HOMES LLC, a Florida limited liability company ______Print Name: ______By: ______Title: ______

______Print Name: ______

STATE OF FLORIDA COUNTY OF ______

The foregoing instrument was acknowledged before me this _____ day of______, 20___ by ______, as ______of GREVILLA HOMES LLC, a Florida limited liability company on behalf of the company who is personally known to me or has produced ______as identification.

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______Notary Public My Commission Expires:

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