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DECLARATION of COVENANTS, CONDITIONS and RESTRICTIONS for CENTENNIAL PARK at LPGA INTERNATIONAL Instrument# 2007-080360 # 2 Book: 6038 Page: 3498

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DECLARATION of COVENANTS, CONDITIONS and RESTRICTIONS for CENTENNIAL PARK at LPGA INTERNATIONAL Instrument# 2007-080360 # 2 Book: 6038 Page: 3498 04/09/2007 03:31 PM Instrument# 2007-080360 if 1 Book: 6038 Page: 3497 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR CENTENNIAL PARK AT LPGA INTERNATIONAL Instrument# 2007-080360 # 2 Book: 6038 Page: 3498 Declaration of Covenants, Conditions and Restrictions for Centennial Park at LPGA International TABLE OF CONTENTS ARTICLE I - DEFINITIONS Section 1. "Articles of Incorporation" or "Articles" Section 2. "Association Section 3. "Base Assessment" Section 4. "By-Laws" Section 5. "Class "B" Control Period" Section 6. "Common Area" Section 7. "Common Expenses" Section 8. "Community-Wide Standard" Section 9. "Declarant" Section 11. "Development Agreements" Section 12. "Development Order" Section 13. "Golf Course" Section 14. "Master Association" Section 15. "Master Declarant" Section 16. "Master Declaration" Section 17. "Master Developer" Section 18. "Member" Section 19. "Mortgage" Section 20. "Mortgagee" Section 21. "Owner" Section 22. "Person" Section 23. "Property" or "Properties" Section 24. "Service Assessments" Section 25. "SJRWMD" Section 26 "SJRWMD Permit" Section 27 "Special Assessment" Section 28. "Supplemental Declaration" Section 29 "The Surface Water Management System" or "SWMS" Section 30. "Turnover" Section 32. "Voting Member" ARTICLE II- PROPERTY RIGHTS ARTICLE III - MEMBERSHIP AND VOTING RIGHTS Section 1. Membership Section 2. Voting. - Section 3. Neighborhoods. -7- Instrument# 2007-080360 It 3 Book: 6038 Page: 3499 ARTICLE IV - MAINTENANCE Section 1. Association's Responsibility Section 2. Owner's Responsibility Section 3. Master Association Rights to Cure Section 4. SWMS Maintenance Responsibility Section 5. SWMS Enforcement Section 6. SWMS Maintenance Easement Section 7. Drainage ARTICLE V - INSURANCE AND CASUALTY LOSSES Section 1. Association Insurance Coverage Section 3. Damage and Destruction Section 4. Disbursement of Proceeds Section 5. Repair and Reconstruction ARTICLE VI- NO PARTITION ARTICLE VII- CONDEMNATION ARTICLE VIII - ANNEXATION OF ADDITIONAL PROPERTY Section 1. Acquisition of Lands by Declarant Section 2. Effects of Addition of Property Section 3. Conveyance of Additional Common Area Section 4. Annexation of Additional Property by Association Section 5. Amendment ARTICLE IX - RIGHTS AND OBLIGATIONS OF THE ASSOCIATION Section 1. Common Area Section Section 3. Rules and Regulations Section 4. Implied Rights Section 5. Governmental Interests ARTICLE X - ASSESSMENTS Section 1. Creation of Assessments. Section 2. Computation of Base Assessment Section 3. Section 4. Lien for Assessments Section 5. Reserve Budget and Capital Contribution Section 6. Date of Commencement of Assessments. Section 7. Subordination of the Lien to First Mortgages Section 8. Contributions to Working Capital Section 9. Exempt Property. 9- Instrument# 2007-080360 if 4 Book: 6038 Page: 3500 ARTICLE XI- ARCHITECTURAL STANDARDS Section 1. New Construction Committee Section 2. Modifications Committee Section 3. No Waiver of Future Approvals Section 4. Variance Section 5. Compliance Section 6. MARC - ARTICLE XII - USE RESTRICTIONSpa Section 1. Signs. Section 2. Section 3. Prohibited Vehicles Section 4. Delivery and Service Vehicles Section 5. Occupants Bound Section 6. Animals and Pets Section 7. Annoyances Section 8. Unsightly or Unkempt Conditions Section 9. Antennas. Section 10. Basketball Equipment, Garbage Cans, Tanks, Etc. Section 11. Subdivision of Unit and Time Sharing Section 12. Firearms, Fireworks Section 13. Pools, Spas Section 14. Irrigation Section 15. Tents, Trailers and Temporary Structures Section 16. Drainage. Section 17. Tree Removal Section 18. Sight Distance at Intersections Section 19. Utility Lines Section 20. Air Conditioning Units Section 21. Lighting Section 22. Exterior Sculpture, Flags and Similar Items Section 23. Energy Conservation Equipment Section 24. Wetlands, Lakes and Water Bodies Section 25. Playground Section 26. Fences Section 27. Business Use Section 28. On Site Fuel Storage Section 29. Storm Precautions Section 30. Play Equipment, Strollers Etc. Section 31. Window Coverings Section 32. Leasing ARTICLE XIII - GENERAL PROVISIONS Section 1. Term. - Section 2. Amendment and Supplemental Declarations -28- Instrument# 2007-080360 # 5 Book: 6038 Page: 3501 Section 3. Indemnification Section 4. Easements for Utilities, Etc. Section 5. Cable Television Section 6. Easement for Golf Balls Section 7. Severability Section 8. Right of Entry Section 9. Perpetuities Section 10. Litigation Section II. Cumulative Effect: Conflict Section 12. Use of the Phrase "Centennial Park at LPGA International" Section 13. Compliance Section 14. Security. Section 15. Notice of Transfer of Unit Section 16. Dissolution of Association ARTICLE XIV - MORTGAGEE PROVISIONS Section 1. Notices of Action Section 2. Special FHLMC Provision Section 3. No Priority Section 4. Notice to Association Section 5. Amendment by Board Section 6. Applicability of Article XIV. Section 7. Failure of Mortgagee to Respond ARTICLE XV - DECLARANT'S RIGHTS ARTICLE XVI - GOLF COURSE Section 1. No Rights Conferred Section 2. Golf Course Easement 7- List of Exhibits Exhibit "A" Legal Description Exhibit "B" Articles of Incorporation of Centennial Park At LPGA International Homeowners' Association, Inc. Exhibit"C" Bylaws of Centennial Park At LPGA International Homeowners' Association, Inc. Instrument# 2001-080360 # 6 Book: 6038 Page: 3502 Prepared by / Return to: Fred W. van Vonno, Esq. Fox, Wackeen, Dungey, Beard, Sobel, & McCluskey, L.L.P. 3473 SE Willoughby Boulevard Stuart, FL 34994 Tel. (772) 287-4444 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR CENTENNIAL PARK AT LPGA INTERNATIONAL THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS is made this 2nd day of August, 2006, by Renar Development Company, a Florida corporation (hereinafter referred to as "Declarant"). Declarant is the owner of the real property described in Exhibit "A" attached hereto and incorporated herein by reference, within the LPGA International DRI/PUD. Declarant intends by this Declaration to impose upon the Properties (as defined herein) mutually beneficial restrictions under a general plan of improvement for the benefit of all owners of real property within the Properties. This Declaration is designed to provide a flexible and reasonable procedure for the overall development of the Properties, and to establish a method for the administration, maintenance, preservation, use and enjoyment of such Properties as are now or hereafter subject to this Declaration. Declarant hereby declares that all of the property described in Exhibit "A" and any additional property which is hereafter subjected to this Declaration by Supplemental Declaration ("the Properties") shall be held, sold and conveyed subject to the following covenants, conditions, restrictions and easements, which shall run with the real property subjected to this Declaration and which shall be binding on all parties having any right, title or interest in the Properties or any part thereof, and their heirs, successors, successors-in- title, and assigns, and shall inure to the benefit of each owner thereof. This Declaration does not and is not intended to create a condominium within the meaning of the Florida Condominium Act, Florida Statutes, Section 718.101, et seq. Centennial Park at LPGA International is located within the LPGA International Development, which includes the Properties subject to this Declaration, and is subject to the Master Declaration of LPGA International, including certain required approvals from the Master Architectural Review Committee ("MARC"), and that the provisions of this Declaration shall control over the Master Declaration as and to the extent specifically provided in the Master Declaration. To determine the effect of the Master Declaration upon the Properties subject to this Declaration and understand the interrelationship of the Master Declaration to this Declaration, Owners and Persons must examine and are hereby referred to Paragraph 2.8 of Article ll of the Instrument# 2007-080360 # 7 Book: 6038 Page: 3503 Master Declaration entitled "Relationship of Declarations" which sets forth the method for interpreting the application of the provisions ofthe different declarations. ALL OF THE PROPERTY SUBJECT TO THIS DECLARATION IS PART OF THE INDIGO COMMUNITY DEVELOPMENT DISTRICT. A SPECIAL TAXING DISTRICT AS MORE FULLY DESCRIBED IN THE MASTER DECLARATION. AS OF THE DATE OF THIS DECLARATION. THERE ARE CAPITAL ASSESSMENTS AND MAINTENANCE ASSESSMENTS AGAINST EACH UNIT SUBJECT TO THIS DECLARATION. All Properties subject to this Declaration are also subject to the Development Order and the Development Agreements as defined herein. ARTICLE I - DEFINITIONS Section 1. "Articles of Incorporation" or "Articles" shall mean and refer to the Articles of Incorporation of Centennial Park at LPGA International Homeowners'Association, Inc., as amended from time to time and as filed with the Secretary of State of Florida, and attached as Exhibit "B" to this Declaration. Section 2. "Association" shall mean and refer to the Centennial Park At LPGA International Homeowners' Association, Inc., a Florida Not-for-Profit Corporation, its successors or assigns. The "Board of Directors" or "Board" shall be the elected body of the Association having its normal meaning under Florida corporate law. The use of the term "association" or "associations" in lower case shall refer to any condominium association or other owners association having jurisdiction over any part of the Properties. Section
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