Middlcreek Homeowners Association

DECLARATION OF RESTRICTIONS

for

MiddleCreek Subdivision

THIS DECLARATION Is made and executed this 6th, day of March, l989 by DONALDSON COMPANY, INC., a Florida corporation, hereinafter called "Developer".
W I T NE S S E H T H:

WHEREAS, Developer is the owner of the following described property lying and being In the County of Pinellas, State of Florida, to-wit: The real property more particularly described in Exhibit, "A" attached hereto and by this reference made a part hereof. which property is hereinafter called the "subdivision"; and

WHEREAS, Developer desires to improve the lots In the subdivision by constructing thereon residential dwelling units and further desires to provide for the shared maintenance of the lots and the improvements through an association of lot owners; and

WHEREAS, Developer desires to construct certain facilities in the subdivision for the common use and benefit of all lot owners as well as the owners in a contiguous subdivision; and

WHEREAS, Developer desires to establish protective covenants covering the development, improvement and usage of the property In the subdivision for the benefit and protection of all owners thereof;

NOW, THEREFORE, Developer does hereby declare that all property in the subdivision shall hereafter be subject to the following provisions, restrictions, reservations, covenants, conditions and easements:

1. ASSOCIATION. Except as may be otherwise provided by the terms hereof, responsibility for the operation, management, and maintenance of the subdivision shall be vested in an Incorporated association known as Homeowners' Association of MiddleCreek, Inc., a Florida corporation not for profit, hereinafter called the "Association". The primary purpose of the Association shall be to maintain the Association Property and Common Improvements as hereinafter defined, enforce the provisions of this Declaration wherever applicable and appropriate, and perform such other duties as may be assigned to It under the terms hereof or under Its Articles of Incorporation and Bylaws. All persons owning a vested present interest In the fee title to any of the subdivision lots, which Interest Is evidenced by a proper instrument duly recorded In the Public Records of Pinellas County, shall automatically be members of the Association, and their respective memberships shall terminate as their vested interest In the fee title terminates. A copy of the Articles of Incorporation of the Association which has been filed with and certified by the Secretary of the State of Florida is attached hereto as Exhibit B. A copy of the Bylaws governing the operation of the Association is attached hereto as Exhibit C. The Association shall have all of the rights and powers provided by the Florida corporation statutes, the Articles of Incorporation, the Bylaws, and this Declaration.

2. VOTING RIGHTS. Each lot shall be entitled to one vote at Association meetings, notwithstanding that the same owner may own more than one lot or that residential dwelling units constructed on abutting lots may be Joined together and occupied by one owner.

3. ASSOCIATION PROPERTY. Developer hereby designates all of the property In the subdivision outside of the dwelling units as common area for the common use and benefit of all owners of lots within the subdivision subject to the provisions set forth herein. -

The recreational facilities, which will be located in the subdivision, will include a pool, bathroom and any other features which the Developer elects to provide, will be used by the owners of lots in the adjoining subdivision to be known as Plantation Pointe. The Association will pay a 46/62nd percentage share of the maintenance, replacement, upkeep, repair and other costs, Including taxes, Insurance and reserve for replacements, of the recreational facilities. The facilities


will be owned by the Developer or by the Association and will be operated by the same. Said expenses shall be payable even though the recreational facilities may not yet be constructed. The Plantation Pointe Homeowners Association will pay a 16/62 percentage share of said expenses and also for certain other expenses, all as set forth in that certain Use and Easement and Dedication Agreement, a copy of which is attached hereto as Exhibit "D".

4. LOT DEVELOPMENT PLAN. The lots In the subdivision will be Improved with residential dwelling units prior to the conveyance by Developer of title thereto. The units are referred to herein collectively as the "Lot Improvements". Lot Improvements, in turn, are categorized herein as "Owner Improvements" or "Common Improvements", according to the provisions of Paragraphs 6 and 7.

Developer intends to construct the residential dwelling units on the lots in clustered groups. The units In each building cluster will be separated by party walls. By controlling the construction of the units, Developer intends to provide a harmonious exterior appearance and design for all the units In the subdivision.

Except as Developer may otherwise expressly provide by contract, the construction, development, and sale by Developer of the lots, units, and other property and improvements in the subdivision is without warranty, and no warranties of fitness, habitability or merchantability as to any portion of the subdivision property or improvements constructed by Developer thereon shall be Implied.

5. OWNER IMPROVEMENTS. As used herein, the Owner Improvements on a lot shall mean:

(a) all improvements lying within the interior of the unit on the lot, other than: structural beams, columns, and members supporting the unit; utility chases, installations, and facilities serving more than one unit or the Association Property; and electrical apparatus and wiring, plumbing pipes and apparatus, and other ducts, conduits, cables, wires, and pipes that serve more than one unit or the Association property. As used herein, the "interior" of a unit shall mean the enclosed space bounded by the horizontal planes of the undecorated finished floor and the undecorated finished ceiling and the vertical planes of the undecorated finished interior surfaces of exterior walls and party walls or other boundaries. By way of example, and not as a limitation, improvements lying within the Interior of a unit that are Included within the Owner Improvements are:

(1) all paint, finish, covering, wallpaper, and decoration of the Interior surfaces of all doors, walls, floors, and ceilings;

(2) all built-in shelves, cabinets, counters, storage areas and closets;

(3) all refrigerators, stoves, ovens, disposals, compactors, dishwashers, and other appliances and all bathroom fixtures, equipment, and apparatus;

(4) all electrical, plumbing, telephone, and television fixtures, apparatus, equipment, outlets, switches, wires, pipes, and conduits that do not serve any other unit;

(5) all mechanical, ventilating, heating and air conditioning equipment;

(6) all interior doors, walls, partitions, and room dividers; and

(7) all furniture, furnishings, and personal property contained within the unit.

(b) all heating and air conditioning equipment, wherever located, that serves only the unit constructed on the lot.

(c) all alterations or additions made by the lot owner, or by any of his predecessors In title other than Developer, to the unit or the lot, which alterations or additions shall be made pursuant to authorization by Developer or the Association board of directors as provided herein.

6. COMMON IMPROVEMENTS. As used herein, the "Common Improvements" on a lot shall mean all the Lot Improvements and parts thereof other than the Owner Improvements. By way of illustration and not as a limitation, the Common Improvements on a lot shall Include the following, to the extent the same are not included within the Owner Improvements:

(a) the unit's foundation, floor, roof, party and exterior walls, and all exterior doors, windows, and screens.

(b) all utility chases and all structural beams, columns, and members located within the unit.

(c) all utility installations or facilities serving more than one unit or the Association Property; provided, however, Developer reserves the ownership of all main utility lines and equipment and all central television antenna signal distribution wires, lines, and equipment that are Installed by Developer or Its predecessor within the boundaries of the subdivision and the right to convey the same to the Association, Pinellas County or any agency thereof, Florida Power Corporation, General Telephone Company of Florida, any Cable TV company, or other person or legal entity as Developer may deem appropriate.

(d) all electrical apparatus and wiring, plumbing pipes and apparatus, and other ducts, conduits, cables, wire or pipe, which are located outside the boundaries of the unit interior or which, regardless of location, and which serve more than one unit or the Association Property, to the extent the same are not owned by utility companies or Developer.

(e) all parking areas (except any garage that Is part of the unit or any driveway serving said unit), walkways, and other means of access.

(f) all trees, shrubs, plants, grass, and other landscaping and all sprinkler and irrigation systems.

(g) alterations, additions, and further improvements to the lot.

7. COMMON EXPENSES. All costs and expenses that may be duly Incurred by the Association through Its board of directors from time to time in operating, maintaining, Improving, protecting, managing, and conserving the Association Property and all the Common Improvements and In carrying out its duties and responsibilities as provided by this Deceleration and by its Articles of Incorporation and Bylaws shall constitute "common expenses" of the Association. Funds for the payment of the common expenses shall be collected by the Association through assessments against the lots in accordance with the provisions of Paragraph 13. By way of illustration and not as a limitation, the common expenses shah include:

(a) costs of operation, maintenance, repair, and replacement of the Association Property and all the Common improvements and the recreational facilities costs as described above;

(b) costs of management of the subdivision and administrative costs of the Association, Including professional fees and expenses;

(c) costs of water and sewerage service, garbage pickup, electricity, and other utilities furnished to the subdivision which are not metered separately to the individual lots;

D) labor, material, and supplies used in conjunction with the Association Property and the Common improvements;

o e) damages to the Association Property and the Common Improvements In excess ~f insurance coverage;

(f) salary of a manager or managers and their 'assistants, as shall be determined by the board of directors of the Association;

(g) premium costs of liability Insurance as provided herein and it is specifically understood that Lot Owners will secure their own fire, windstorm, flood and other insurance for the Lot Improvements located on their Lot and directly pay for the cost of said insurance;

(h) costs incurred by the Association, upon approval by the board of directors, for the Installation of additions, alterations, or improvements to the Association Property or to the Common Improvements or for the purchase of additional lands, leaseholds, or other possessor or use rights in lands or facilities, or memberships or other interests in recreational faculties, acquired for the benefit of all the lot owners, provided that if the cost of any of such items is more than twenty percent (20%) of the amount of the total annual budget, the purchase or installation of such items shall first be approved by affirmative vote of the owners of a majority of the lots;

(I) basic charges for cable or central antenna television service, unless the provider of such service charges the lot owners directly; and

(3) other costs incurred by the Association in fulfilling its maintenance obligations under the terms of Paragraph 8.

8. MAINTENANCE, REPAIRS AND REPLACEMENTS. The respective obligations of the Association and the lot owners to maintain, repair, and replace the subdivision property shall be as follows:

(a) By the Association. The Association shall maintain, repair, and replace as part of the common expenses:

(1) the Association Property and all of the Common Improvements as defined herein;

(2) all mechanical, ventilating, heating and air conditioning equipment serving the Association Property;

(3) all unit exterior doors, except for the cleaning or painting of interior surfaces and except for the cleaning of any exterior glass surfaces;

o The Association shall have the Irrevocable right to have access to each lot and unit from time to time during reasonable hours as may be necessary for the maintenance, repair or replacement of the Common Improvements, and during any hours for performing such emergency repairs or procedures therein as may be necessary to prevent damage to the Common Improvements or to the Owner Improvements on another lot. If the board of directors determines that any maintenance, repair or replacement required to be made by the Association was necessitated by the carelessness, negligence, or intentional act of a lot owner, his lessees, invitees, or guests, the cost of such maintenance, repair or replacement shall be assessed against the lot owner and shall be payable by such lot owner within 30 days after delivery of written notice of the assessment. Neither the Association nor any lot owner shall be liable for any damage to the property or person of any other lot owner or occupant caused by water intrusion into a unit through the Common improvements or from another unit resulting from rain leakage, pipe leakage, overflow, or bursting, or other similar source, unless the Association or lot owner is guilty of gross negligence or willful and wanton misconduct.

(b) By the Lot Owners. Each lot owner shall maintain, repair, and replace all of the Owner Improvements on his lot. Each lot owner shall be responsible for washing all screens, windows, and exterior glass surfaces serving his unit. Each lot owner~ shall be responsible for maintaining that portion of his lot which is reserved for gardening purposes.

In the event a lot owner fails to fulfill his maintenance obligations as set forth above, the Association, at the discretion of the board of directors, may undertake such maintenance and make such repairs as the board may deem necessary, and the cost thereof shall be assessed against such defaulting lot owner and shall be payable within 30 days after delivery of written notice of the assessment.

9. INSURANCE, DESTRUCTION, AND RECONSTRUCTION. Except as otherwise provided herein, the Association, as agent for and In behalf of the lot owners and their respective mortgagees, shall obtain and maintain liability insurance coverage with a responsible insurance company.
The following amendment was approved by the members, and added on 6-15-02 The association is hereby granted an insurable interest in each of the lots and lot improvements. Fire and other casualty shall be obtained by the association as a common expense for the benefit of all owners and mortgagees and proceeds thereof shall be payable to the association as set forth below.

In the event of a destruction or casualty loss to any of the Lot improvements on a Lot, all Insurance proceeds payable under the policies shall be collected by the Association. The proceeds shall be immediately paid over by the Association to a banking corporation having trust powers selected by the Association board of directors. The proceeds shall be held by the bank In trust and used for the Immediate repair and reconstruction of the damaged Improvements under the supervision and control of the' board of directors. The insurance carrier shall not be responsible to assure that the proceeds are paid over to the trustee or are properly applied as provided herein. The bank shall disburse the proceeds held by it upon written draw requests signed b~ the president or vice president of the Association as reconstruction progresses. Any surplus of insurance proceeds shall be returned to the Lot Owner. In the event the proceeds are not sufficient to pay the cost of the reconstruction and the trustee's costs and reasonable fees, the Lot Owner shall supply sufficient additional funds to the Association. The Lot Owner's insurance carrier shall not have a right of subrogation against any other lot owner, but If it is determined by the board of directors that the damage was proximately caused by the gross negligence or willful and wanton misconduct or intentional acts of a lot owner, such lot owner may be assessed a sum sufficient to reimburse the other Lot Owner for any deficiency in insurance proceeds, which sum shall be payable by such lot owner within 30 days after delivery of written notice of the assessment.

In the event, of a total or substantial destruction of all of the improvements in the subdivision, the improvements shall be restored as above provided unless the owners of two-thirds of the lots vote to terminate the provisions of this Declaration. Except for the consent of institutional first mortgagees and Developer pursuant to Paragraphs 15 and 16, no further consent from any other person or entity shall be necessary to effectuate a termination In the manner above described. In the event the provisions of this Declaration are to be terminated, then all owners of, lots shall Immediately convey all their right, title, and Interest in and to their respective lots to the bank trustee selected by the board of directors, to be held by such trustee In trust. The recording of each such conveyance to the trustee in the Public Records of Pinellas County will have the immediate effect of releasing all liens upon the respective lot and shall cause their instantaneous transfer to that lot owner's share of the funds to be subsequently, distributed by the trustee as provided herein. Upon recording an Instrument evidencing the termination of the provisions of this Declaration, each lot owner shall be distributed the insurance proceeds attributable to the coverage obtained by said Lot Owner, less expenses and costs of the trustee.

Any distribution, whether partial or final, of a lot's share of the funds held by the trustee shall be . made jointly to the record title owner of the lot and the record owners of any mortgages or other liens encumbering the unit at the time of the recording of the conveyance to the trustee by the lot owner, All, mortgages and other liens upon the respective lots shall be fully released and discharged as provided herein even though the share of a particular unit in the funds distributed by the trustee is insufficient to pay all liens in full; in such event the lien holders who had priority against the title to the 1~t shall have priority of payment of the lot's share of such funds. Nothing herein provided shall In any way relieve the 1~t owner of his personal liability for any deficiency, which may remain upon any liens which encumbered his lot at the time of his conveyance to the trustee.

Mortgagees and other lien holders will evidence their acceptance and consent to the foregoing provisions by the acceptance of their mortgages or perfection of their liens. The provisions of this Paragraph 9 may be enforced by Injunction, by suit for specific performance, or by other appropriate remedy upon suite filed by the Association In a court of competent Jurisdiction.

10. LIABILITY INSURANCE. The Association shall obtain and maintain public liability Insurance covering all of the subdivision property other than the unit interiors and insuring the Association and the lot owners as their interest may appear in such amount as the board of directors may deem appropriate. The premiums for such insurance coverage shall be a part of the common expenses. The board of directors shall have authority to compromise and settle all claims against the Association or upon insurance policies held by the Association. The lot owners shall have no personal liability upon any such claims, except as may be otherwise provided, by law, and nothing therein contained shall in any way be construed as imposing upon the Association a duty to assess lot owners for the purpose of raising sufficient funds to discharge any liability to excess of insurance coverage. Each lot owner will be responsible for procuring and maintaining public liability insurance covering losses which may' occur in and about his particular unit, as he may deem appropriate,

11. RESTRICTIONS UPON USE. No owner, tenant, or other occupant of a lot (which, for the purposes of this Paragraph 11, shall include the unit constructed thereon) shall:

(a) use the lot other than for residential purposes;

(b) do any of the following without the prior written consent of the Association board of directors: paint or otherwise change the appearance of any exterior wall, door, window, patio, screened terrace, balcony, or any exterior surface; place any sunscreen, blind, or awning on any balcony or exterior stairway or opening; place any draperies or curtains at the windows of the unit without a solid, light-colored liner facing the exterior of the unit; tint, color or otherwise treat or apply anything to any window which will adversely affect the uniform exterior appearance of the building in the opinion of the board; plant any planting outside of a unit except in the gardening area; erect any exterior lights or signs; place any signs or symbols in windows or on any balcony or exterior surface; erect or attached any structures or fixtures outside the unit interior; or make any structural addition or alterations (except the erection or removal of non-support carrying interior partitions wholly within the unit interior) to any property in the subdivision;

Cc) cause 'or permit loud and objectionable noises or obnoxious odors to emanate from the lot or other property in the subdivision which may cause a nuisance to the occupants of other lots in the sole opinion of the board; or install or play within the unit any organ or electronically amplified musical Instrument or device without the prior written consent of the board of directors, which consent, if given, shall restrict the playing of such instrument or device to reasonable hours;

(ci) make any use of the lot or other property In the subdivision which violates any laws, ordinances, or regulations of any governmental body;

Ce) fail to conform to and abide by the provisions of this Declaration, the Association's Articles of incorporation and Bylaws, and such uniform rules and regulations In regard to the use of the lots and the Association Property as may be adopted from time to time by the board of directors, or fail to allow the board ,of directors or its designated agent to enter the unit at any reasonable time to determine compliance with this Declaration or the Bylaws and regulations of the Association;

(I) erect, construct, or maintain any wire, antennas, garbage or refuse receptacles, or other equipment or structures on the exterior of any building or on any other portion of the subdivision property, except with the written consent of the Association board of directors;
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(g) cause or permit anything to be done or kept on the lot or any other property in the subdivision which will cause damage to, or increase insurance rates on, any part of the subdivision property or improvements thereon;

(ii) commit or permit any public or private nuisance or illegal act on the lot or on any other property in the subdivision;

Ci) divide or subdivide the lot for purpose of sale or lease (however, a lot may be combined with an adjacent lot and occupied as a single dwelling unit);

Ci) obstruct the common way of ingress and egress to the other lots or the Association property;

(k) hang any laundry, garments or unsightly objects from any place readily visible from outside of the unit;

(1) allow anything to remain on the lot or other property in the subdivision which would be unsightly or hazardous;

Cm) allow any rubbish, refuse, garbage, or trash to accumulate in places other than the receptacles provided therefore, or fail to keep the Owner improvements on his lot in a clean and sanitary condition at all times;

(n) Allow any fire or health hazard to exist;

(0) Interfere with the use of another lot by the owner or occupant thereof or make use of any part of the Association Property in such a manner as to abridge the equal rights of the other lot owners to its use and enjoyment;

(p) Lease less than an entire lot or lease a lot for a period of less than a three consecutive month period at any one time;

(q) Park overnight any commercial vehicle, truck, boat, camper, motor home, trailer, mobile home or similar vehicle in any driveway or other parking area (other than in an enclosed garage), unless permitted In writing by the board of directors; provided, however, that the words "commercial vehicle" shall exclude any automobile bearing a small-sized business name;

Cr) allow only domesticated two pets having a combined weight of not greater that fifty (50) pounds to be kept on the lot, subject to all applicable leash laws and other local ordinances governing the keeping of animals. Provided however, no pit bulls, rottweliers or other fighting dogs will be permitted on any of the Lots;

Cs) discharge saline or other regenerating solution from water softening equipment or any other chemicals into any Street, easement, surface water drain, or portion of the subdivision property so as to harmfully affect any landscaping or plants;

Ct) Additional rules and regulations are attached to this Declaration, marked Exhibit "E" and by this reference made a part hereof.

12. LEASE OR SUBLEASE OF LOT. In recognition of the close proximity of the units and the compact living conditions which will exist In this subdivision, the mutual utilization and sharing of the Association Property, and the compatibility and congeniality which must exist between the lot owners and occupants In order to make an undertaking of this nature satisfactory and enjoyable for all parties in interest, it shall be necessary for the board of directors of the Association, or its duly authorized officers, agent, or committee, to approve In writing each lease or sublease in order to make the same valid an effective.. Written application for approval shall contain such information any may be required by application forms promulgated by the board and shall be accompanied by an application fee as required by regulation of the board. When considering such application, consideration shah be given to the moral character, social compatibility, personal habits, and financial responsibility of the, proposed purchaser, transferees,~ lessee or ~occupant' A waiver of this provision or the failure to enforce It in any particular Instance shall not constitute a waiver of, or stop the Association from enforcing, this provision in any other instance, A lessee shall not assign his lease or sublet his lot without the prior written approval of the board of directors or its duly authorized officer, agent, or committee.

The foregoing provisions shall not be applicable to leases to or from institutional mortgagees or Developer or to any person, firm or entity who acquires his Lot at foreclosure sale of any mortgage held by Institutional mortgagees or by acceptance of any deed in lieu of foreclosure by said institutional mortgagees.

13. ASSESSMENTS. The board of directors of the Association shall approve annual budgets' of anticipated Income and common expenses for each fiscal year and thereupon shall levy an annual assessment against each lot. The annual assessment shall be collected semiannually In the manner provided in the Bylaws. In addition, the board of directors shall have the power to levy special assessments against the lots as prescribed in the Bylaws. Payment of any special assessment levied by the board shall be due upon not less than 30 days written notice thereof on the date and in such installments as the board - may specify. All annual and special assessments levied by the board shall be oh the basis of one share per lot, so that the owner of each lot shall bear an equal pro rata share of the common expenses of the Association. Notwithstanding any of the above, no lot shall be liable for the payment of any portion of any annual or special assessment or Installment thereof until the first day of the month following the issuance of a certificate of occupancy for the unit constructed by Developer on the lot.

Any assessments, including assessments made pursuant to the provisions of Paragraphs 8 and 9, which are not paid when due shall be subject to a late charge of 5 percent, or such other late charge as may be established by resolution of the board, and shall bear interest from the due date until paid at the rate of 18 percent per annum or at such other rate as may be established by resolution of the board up to the maximum rate allowed by law. If any assessment is payable in installments and a unit owner defaults in the payment of an installment, the remaining installments of such assessment may be accelerated by the Association to maturity by giving the defaulting unit owner 10 days notice of Intent to accelerate unless all delinquent sums are paid within that time. The board of directors may require each unit owner to establish and maintain a minimum balance on deposit with the Association (not to exceed one-fourth of the current annual assessment) to provide working capital and to cover contingent expenses from time to time.

Every assessment levied by the board of directors of the Association shall be the personal obligation of the owner of the lot against which the assessment is levied, ownership being determined as of the date of such levy. If any such assessment is not paid within 30 days after the same is due, then the Association may bring suit against the owner on his personal obligation, and there shall be added to the amount of such assessment the aforementioned late charge and interest and all costs incurred by the Association in preparation for and in bringing such action, including reasonable attorneys' fees for pretrial, trial and appellate proceedings.

14. ASSOCIATION LIEN RIGHTS. To provide an additional means to enforce the collection of any assessment, including assessments made pursuant to the provisions of Paragraphs 8 and 9, the Association shall have a lien against each lot and all improvements thereon. The lien of every such assessment, together with Interest and late charges thereon and cost of collection thereof as' herein provided, shall attach and become a charge on each lot and all improvements thereon upon the recording of this Declaration.

In the event any assessment is not paid within 30 days after the same is due, the Association shall have the right to file a claim of lien in the Public Records of Pinellas County. The lien may be enforced by the Association by foreclosure suit in the same manner as a mortgage or mechanics lien foreclosure or in such other manner as may be permitted by law. In the event the Association files a claim of lien against any lot, the Association shall be entitled to recover from the owner of such lot the late charge and interest described in Paragraph 13 and all costs incurred by the Association in preparing, filing, and foreclosing the claim of lien, including reasonable attorneys' fees for pretrial, trial, and appellate proceedings. All such late charges, interest, costs and attorneys' fees shall be secured by the lien of the assessment.

It is the intent hereof that the Association's lien rights against each Individual lot shall be subordinate and inferior only to the lien of taxes and special assessments levied by governmental authorities, and the lien of any first mortgage held by an institutional first mortgagee as provided In Paragraph 15. Specifically, each lot owner waives any claim to homestead as a defense to a lien filed pursuant to this paragraph.

15. RIGHT OF INSTITUTIONAL FIRST MORTGAGEES. All savings and loan associations, banks, credit unions, mortgage brokers, insurance companies, and agencies of the United States Government, including the Veterans Administration, the Federal Housing Administration, the Federal National Mortgage Association, and the Federal Home Loan Mortgage Corporation, and their subsidiaries, affiliates, successors and assigns, holding first mortgages upon any of the lots are herein referred to as "institutional first mortgagees". The termination of the provisions of this Declaration by vote of the lot owners, and any amendments to the provisions of this Declaration, shall require the written consent of Institutional first mortgagees holding at least 80 percent of such first mortgages, except for amendments by Developer pursuant to Paragraph 21. Such consent shall not be unreasonably withheld. Any institutional first mortgagee that acquires title to a lot through mortgage foreclosure or acceptance of a deed in lieu of foreclosure shall not be liable for any assessments levied against such lot which became due prior to the acquisition of such title unless a claim of lien for such assessments was recorded prior to the recording of the mortgage.




16. RIGHTS OF DEVELOPER. Developer hereby reserves the right to appoint, remove, and replace from time to time the directors of the Association in accordance with the provisions of the Association's Articles of Incorporation and Bylaws. Developer may terminate such right by relinquishing control of the election of the board of directors to the lot owners at any time. As long as Developer holds lots in this subdivision for sale in the ordinary course of business, this Declaration shall not be amended nor the provisions of this Declaration terminated without the written consent of Developer.

Developer reserves all rights and easements necessary or desirable, with respect to the subdivision property, to complete any construction and to effect the sale or lease of all of the lots. As long as Developer holds lots or units in the subdivision for sale in the ordinary course of business, Developer shall have the right to exhibit such signs and sales paraphernalia on the 'subdivision property as may be desirable to effect such sales and may use one or more of the lots and the Association Property for offices, models, and other uses appropriate for the promotion of sales and for the development and management of property in the subdivision.

17. EASEMENTS. The respective rights and obligations of the unit owners, the Association, Developer and other concerning easements affecting the subdivision property shall include the following:

(a) Reserved by Developer. Developer hereby reserves for the benefit of itself, its successors and assigns, perpetual easements for access and for the installation, construction, repair, maintenance, and replacement of lines, pipes, wells, drains, cables, equipment, apparatus, structures, roads, driveways, and other Improvements for private or public utility services of all kinds, including without limitation, water, sewer, drainage, irrigation, fire protection, electricity, telephone, cable television, and trash disposal, over, under, through, and across the subdivision property. Developer may assign and convey any of the foregoing easements o ,to such persons or entities as Developer may deem appropriate for the use of such persons or groups of persons as may be designated and upon such terms as may be established by Developer.

(b) Granted to Unit Owners. Each unit owner is hereby granted a nonexclusive perpetual easement: (1) over and across the common areas of the subdivision for access to and from his respective lot; and (2) for any encroachments by his unit on an adjoining lot which may exist now or in the future by inaccuracies in construction or settlement or movement of the unit, which encroachments shall be allowed to remain undisturbed until they no longer exist.

Cc) Granted to Utilities. There is hereby granted to all public and private utility companies furnishing utility services to the subdivision as of the time of recording of this Declaration, or hereafter authorized by Developer or the Association to furnish such services, a perpetual nonexclusive easement for the construction, installation, maintenance, repair, and replacement of the equipment, structures, and other improvements by which such utility services are respectively provided over, under, across, and through such portion of the subdivision property as may be reasonably necessary therefore.

(d) Granted to and by the Association. There is hereby granted to the Association a perpetual nonexclusive easement across each lot and through each unit for the purpose of maintaining the Common Improvements. The Association is also hereby granted a perpetual nonexclusive easement of support in any portion of a unit which contributes to the support of that or any other unit. The Association shall have the right to grant easements under, over, across and through the subdivision property to such persons or entitles and for such purposes as the Association board of directors may deem appropriate by recording in the Public Records of Pinellas County, Florida, an instrument duly executed by the president or vice-president of the Association.

(e) Access and Utilities. Developer has heretofore granted an easement which benefits the unit owners of Plantation Pointe by providing access and utilities easements over the private roadways that serve the subdivision and the proposed adjoining subdivision to be known as Plantation Pointe, The Easement Agreement is recorded in Official Records Book 6859 beginning at Page 2036. of the Public Records of Pinellas County, Florida.




The use of any easement granted under the provisions of this Paragraph A7 shall not include the right to disturb any building or structure on the subdivision property, and any damage caused to same shall be repaired at the expense of the party ~causing such damage. In the~ event a party's use of an easement granted pursuant to the terms hereof causes a disturbance of the surface of the land, the roadways, grass, landscaping, and other improvements which are disturbed shall be restored promptly by such party as nearly as possible to their prior condition.

18. LIMITATION ON USE OF RECREATIONAL FACILITIES. In order to conserve the recreational facilities to be available for the use of the lot owners in the' subdivision and to preserve such facilities for the maximum enjoyment and pleasure of all concerned, the use of such facilities shall be limited only to the immediate occupants of a lot from time to time and their occasional guests. In the event a lot is leased, the tenant and his family and occasional guests may use such facilities to the exclusion of the owner of' the lot and his family.' Occupants of lots owned by multiple or corporate owners shall be entitled to use such facilities during periods of such occupation to the exclusion of the other multiple owners or corporate officials or ,their invitees.

19. REMEDIES FOR DEFAULT. In addition to the remedies ~provided by statute and common law and the remedies elsewhere provided herein, a default by the owner, tenant, or occupant of any lot in complying with the provisions and requirements of this Declaration, the Articles of Incorporation, the Bylaws and such regulations and rules as may be promulgated by the Association board of directors shall entitle the Association to injunctive relief or money damages or both. In any such legal or equitable action or proceeding the prevailing party shall be entitled to recover his costs and expenses, including reasonable attorneys' fees to be determined by the Court for pretrial, trial, and appellate proceedings. During the continuance of any such default, the Association by action of the board of directors may discontinue the supply of any utility services to the defaulting party's lot that are paid by the Association as part of the common expenses or discontinue use of any of the Common Improvements. Upon the correction of such default and the payment by, the lot owner of the expense of the discontinuance and restoration of such services, they shall be immediately restored.

20. DURATION. The provisions of this Declaration shall run with and bind all of the property in the subdivision and shall inure to the benefit of and be enforceable by the Developer, the Association, and each lot owner, and their respective legal representatives, heirs, successors, and assigns, for a term of 99 years from the date this Declaration is recorded, after which time the provisions of this Declaration shall be automatically extended for successive periods of 10 years each unless 'prior to the commencement of any such 10-year period: (1) owners of at least two-thirds 'of the lots approve the termination of the provisions of this Declaration, and (2) a written instrument certifying that such approval has been obtained is signed by the president and secretary of the Association and recorded in the Public Records of Pinellas County.

21. AMENDMENTS. The provisions of this 'Declaration may be amended by affirmative vote of the owners of two-thirds of the lots, except that provisions relating to sharing of common expenses, rights of Developer, rights of institutional first mortgagees, and voting rights of lot owners may be amended only with the written consent of all persons or entities ~adversely affected thereby. o Amendments to the Association's Articles of Incorporation and Bylaws may be made in the manner provided therein and shall not be subject to the requirements set forth herein for amendments to the provisions of this Declaration.

Except for amendments by Developer as herein provided, no amendment shall be effective unless it be in writing, executed by the president or vice president and attested by the secretary of the Association with the formalities required for a conveyance of real property in the State of Florida, and recorded in the Public Records of Pinellas County. Any amendment so executed and recorded shall be prima fade evidence that the amendment was duly adopted in accordance with the requirements of this Declaration and the association's Articles of Incorporation and Bylaws. It shall not be necessary for the individual owners of lots or holders of recorded liens thereon to join in the execution of any amendment, except as specifically provided herein. I

As long as Developer holds title to any lot in the subdivision, Developer shall have the right and irrevocable power to amend this Declaration. Any such amendment shall be executed by Developer, and the gander or further consent of the Association or individual owners of lots or holders of recorded liens or other interests therein, including institutional first mortgagees, shall not be required.

All amendments shall reasonably conform to the general purposes of the covenants and restrictions set forth herein and shall take effect immediately upon recordation in the Public Records of Pinellas County.

22. BINDING EFFECT. All provisions of this Declaration shall be enforceable as equitable servitudes and shall run with the land and shall be in full force and effect until a particular provision is duly amended or until this Declaration is duly revoked and terminated. Any gender used herein ~shall include all genders and legal entities, an the plural number shall include the singular and the singular shall include the plural. The term "Developer" as used herein shall include Donaldson Company, Inc., and its successors and assigns. The obligations of Developer arising under this Declaration or under any other instrument are partnership and corporate obligations and do not extend to the officers, directors, and shareholders of any partner of Developer. Such officers, directors, and shareholders shall have no individual liability in any action brought or for any claim asserted, by the Association or by any lot owner In connection with the construction, development or sale of any lot, unit, or other property or improvements in the subdivision.

23. SEVERABILITY. If any provision of this Declaration, the Articles of Incorporation, or the Bylaws or any section, sentence, clause, phrase or work thereof, or the application thereof in any circumstance, is held invalid by a court of competent jurisdiction, the validity of the remainder of such Instruments and of the application thereof 'in other circumstances shall not be affected thereby.

IN WITNESS WHEREOF, Developer has caused this Declaration to be executed In Its name this 6th day of March, 1989

Signed, sealed and delivered
in the presence of:
DONALDSON COMPANY, INC., a Florida corporation
(CORPORATE SEAL)

STATE OF FLORIDA
COUNTY OF PINELLAS

WITNESS my hand and official seal in the county and state named above, this 6th day of March 1989

(SEAL) Notary Public