). rh1s oocvment Prepared Sy, Molloy & J&l.fl'&efili

325 South Boulevard Tampa, Florida 13606

SUPPLlml!NTAL Dll:CLARATION TO '.l'.'.IIB Dll:CL.!\RATIOM OF lilASll:MlfflTB, COV'll:NANTS, CONDITIONS, Alm RBSTRICTIONS OF TR!!: CLASSIC TOWWO!Oi:S OF UST PAll VILLAGB

1111' 1HIHIIIIHIHlllll!UIIIIDlll

INSTR t 2001072141 OR BK 10656 PG 03gg IEOJIO OJ/OII/Zl»I !le: 15 t1'! R!~ 111.E ODIi( IF !lUIT ill~ !ru1iY ~ ODIi( y i!lld!t

f'ilhis Suppl-ntal Declaration ia made thia ---~----- day of re" , 2001 by IH Suncoaat Homes, Inc., a Florida corporation,

hereinafter called "Declarant,• whose address is 8401 J.R. Manor Drive, Tampa, Florida 33624.

Whereas, Declarant is the owner of certain real property in Hillsborough CoWlty, Florida, described aa Lots l through 6 of Block 6; Lota 1 through 10 of Block 7; and Lota l through 6 of Block 8; all of Weatchase Section 324, according to the map or plat thereof recorded at Plat !look Sil, Page 77, of the public records of Hillaborough County, Florida; and Lots 1 through 5, of Block 6, of Weatchase Section 325A, according to the map or plat thereof recorded at Plat Book 85, Page 77, of the public records of Hillebo:rough County, Florida (collectively the o-tPropertyu}; and.

Whar.,,u,, Declarant previously recorded that certain Declaration of Easements, Covenants, Conditions and Restrictions of The Classic Townhooes of West Park Village, recorded at O. R. 09887, Page 1127 of the public reccrds of Hi 11 sborough County, Florida; amended December 27, 1999, at O.R. 09991, Page 0735, of the public records of Hillsborough county, Flor~da; amended further September 28, 2000, at O.R. 10400, Page 0702, of the public records of Hillsborough CoWlty, Florida, (the "Declaration"}; and

Whereas:, the Declaration provided in A.l::"t icle VI!! r Section 2, for ar111exation of additional properties which may hereafter be made tn.1.bject to this Declaration, by the filing by Declarant of a Supplemental Declaration; and

Whereaa, the Declarant intends to make the Propercy, aa described above, which is also part of The Classic Townhooes of West Park Village, aubJent to the Declaration;

WHEREAS, Declarant intends to develop The Property into a residential comznunity to consist of single family homes; and

WHER.EAS, Declarant desires to impoee a CO'rrttti<>n plan of development

OR JK 10656 PG 0400

and enjoym,ent, upon The Property to protect HS value and desirability;

NOW, THEREFORE, the Declaram: hereby declares that the Property described as Lots 1 through 6 of Block 6; Lots l through 10 of Block 1; and Lots l through 6 of Block 8; all of Westchase Section 324, according to the m,sp or plat thereof recorded at Plat Book Bil, Page 17, of the public records of Hillaborough CoWlty, Florida; and Lots l through 5, of Block 6, of Westchase Section 325A, according to the map or plat thereof recorded at Plat Beck 85, Page 77, of the public records ot Hillsborough County, shall be held, sold and conveyed subject to the Declaration of Easements, Covenants, Conditions and Restrictions of The Classic Townhomes o! West Park Village, recorded at O. R. 09887, Page 1127 of the public records cf H11lsborough CoWlty, l'lor:tda, as amended, which is for the purpose of protecting the value and desirability of, and which shall run with, said real prop,erty and be binding on all parties having any right, title or interest therein or any part thereof# their respective heirs, personal r~presentatives~ successors and assigns, and shall inure to the benefit of each owner thereof;

Signed, scaled, and delivered in the presence of:

n("\ '-✓-

STATE OF FLORJDA COUNTY OF HILLSBOROUGH

,►•t "w*

•• " DEANNA Id, KW.ER * * .,,,_.,,.,,tlml C-111> CClil!II~

IH SUNCOAST HOMES, INC. a l:' 10,04a corpo1'llfi<m

NOTARY PUBLIC Name: Serial#: C..

STA TE OF FLORIDA COUNTY OF HILLSBOROUGH

OK 3K 10656 PG 0401

TIIE CLASSIC TOWNHOMES OF WEST PARK VILLAGE ASSOClATION, INC., a Florida corporation

SECOND AMJmDMEN'l' TO Tm!: DECLARATION OF EASEXE:NTS, COVENANTS, CONDITIONS AND RESTRICTIONS OF Tm!: CLASSIC TOWNHOMES OF WEST PARK VILLAGE

Th1a: Amandment is made th::s 16th

llllll■ l■IIIIIIHll■IIH■IIII■

INSTR f 2000304901

OR BK 10431 PG 1084 E:IIIO !0/2J/2ll00 ~,R ~ RiOM'I >IE !Ullli CF CWl!T llll.LSl!OOS!mJm l'BUfV !Ullli II ki•t

day of~ 200-0 by !H StJNCOltST HOMES, INC. 1 a Florida corporation,

whose post. office address is 8401 J.R. Manor Drii.,..•e« Tampa, Florida 33624 (hereafter referred to as the "Declarant••; r joined in by THE CLASSIC TOWNHOMES OF WEST PARK VILLAGE ASSOCIATION I}J'C. % a Fiorida not-for¾profit corporation whose post office address 8~±01 ,J.K:,

:4anor Drive,, Tampa, Florida 33624 (h~reafter re ,;Assoc1ation°.

Whereas, Declarant has oreviouslv . , recorded that: Declarat1on cf Easements, Covenants, Conditions and Rest.rictions o·f ':•he Classic Townhomes of West 1999, at O.R. 09887 1 Page H:llsborough Cou.ntyr Flor1.da,,

Park Village, r~ccrded October 22, 1127, of the publ1c records ,,..;::

amended December 27, 1999? at C.R. -J:'?991, Pag~ 0735, of the public records of Hillsborough Cour:t~/.

Whereas~ Associat1cn 1s the corrJnuni::y assoc1at:cn estabLisheC pt;rsuant to the Declaration; and

Whereas{ t.he Declaration prcv:des 1n Article XI! t Sect.ion 2

::"vr :!rr:endment of the D.:0:clara.ticn by :.he ?xffinn£it.i.ve vote o~ \4'.r:t::.e:: s:xty-seven percent of

the Class the fcl lo;.;:r:g

.:=!rnendments;

Declaration as fol:cws:

OR BK 10431 PG 1085

1. The provisions of Article IV I Section 1 (a) a:re hereby :;;ele:ed and the following substituted therefor:

,+, • ~-

The Association shall provide maintenance upon each Lot and each Lot is subject to assessment fo:::- such maintenance, as the case may be, as follows: (i) the exclusive right to conduct exterior maintenance including but net l1mited to the repa1r, r~placeme·nt and maintenance of roofs, gutters, patios# lawns fr trees f shrubs t landscaped areas including any partially enclosed front yards of Lots; walks, fences, and other exterior improvements ine.talled by Declarant as part of the Work, and their r~placements; {ii) the exclusnve right to pa1nt1ng and repair of exterior building surfaces, which must be conducted two times, ever:1 ten {10) yearsf the initial such ti.me per.1od to commence from the date that the first L-0t is sold to a :residf!ntial owner; iii} repairf replacement, and rrtaintenance of the utility eas.ements located under each Lot as described in Article I I; and ( i "-,I'} the right to maintain irrigation systems along the exterior of each Lot and within the !r::--igation Easement. The Assoc1ation 1 s duty of exterior maintenance does not: include: glass surf aces; replacement of ext.erior doors; or replacement of any trees, shrubsr lawns or landscaped areas within an enclosed or fenced yard, patio or fully er.closed entry area .:.ncluding the enclosed rear patios of Lots. The Association also is net: responsible for any 111aintenancet repair or replacement resulting from any firer wind* floodt tornado, hurricane or other casualty; and each Owner will promptly correct any and all such casualty damage to such Owner's Lot within a reasonable time as specified below. Where .it is seated herein that :he Association has rnexclusi~1e control• 1 it means the Owr2ers of Lots sha.l l not be reqtJ:t~ed, or ent it 1ea:, to conduct such activities¥ 1t being the intent of the )\sscciation to cont:rol such activities for purpose of mainta,1ning uniforrni.z:y~ w1thin the Property. All maintenance performed by the Asscciat::,cn shall be at" least up to the Community-Wide St.andards 1 as defined 1n t:he Master Declaratio:r;. The Association shall have sole d1.scret ion as to the t 1ming and necessi t.y of maintenance

The Association has no responsibility fer

OR BK 10431 PG 1086

defects which are covered by a Home Buyers Warranty VI program or other warranty at law or pursuant to contract.

2. The provis1ons of Article IV, Section l (b) are hereby deleted and the following substituted therefor,

(b) Responsibil:a:y of Owner. The Owner shall provide exterior maintenance as follows, the cost for wh1ch each Owner shall be individually responsible: (i) repair or replacement of all glass surfaces on his/her Lot; (i.i) replacement of exterior doors; (i:i.ij

replacement of any trees, shrubs, lawns or landscaped areas within a fully enclosed or entry area including the rear

f~nc~d yard; patiot or patios of an owner f s

respective Lot; {iv} rnaintenanceF repair, or replacement resulting from any fire, wind 1 flood, tornadof hurricane or other casualty damage within the Lot of an Owner; (v} ::-epa1r or replace any property whether upon such owner 1 s L-0t or any other kot, or the Common Area, which repair or replacement 1s required because of any gross negligence er the willful act of such owner er any member of such Owner's family or houeeholdt or any 1nv1tee of such owner; ivi) pressure wash~ng of lead walks, driveways and exterior building surfaces, which the owner shall ha1.re performed at least once pE!r year~ and must be performed by a professional ser.rice, Licensed for pressur~ washing. All. maintenance per·formed by the Owner shall be at least: ;1p to the Ccrnmunit.y-tJide Standardsr as df!fined 1n the Master Declaration.

3. The provisions of Article !\r, Section l {c? are hereby the following substituted therefor:

The Association may per:orm ma1ntenance or make repairs and assess the ccsts --::,f any required exterior rnaintenance or repa.::rs to the 0 1,,rner cf any Lot under the fol lowing circumstances: \: such Owner does not mainta_in in a reasonable conditicn a.ny lat.-1n or landscaped area on such O"Mner 1 Lot that the Association is not requi:::-~d to maintain; or (ii} st..:.ch C--wner dc~s not when reasonably necessary replace arYy

upon such Owner's Lot F er any othet· Lot er Cormnon A;.-eti,

:._s !"·~qui red because of any wi 11 ft:l act J:r g::oss

OR BK 10431 PG 1087

negligence of such Owner or any member of such Owner's family or household or any invitee of such O\tmer; or (iv) any owner fails promptly to repair or replace, as the case may be, any casualty damage to such Owner's Lot; and (vi such Owner has failed to undertake the necessary maintenance or replacement within a reasonable period of t1me following written notice from the Association. Upon the occurrence of the forgo1ng, and after reasonable prior notice to such Owner, and a reasonable opportunity to be heard, the Association's Board of Directors by a vo:e of not less chan sixty-seven percent 1671) of the full Board rrray undertake such m.aintenance 1 replacement or repairs and may assess by specific nssessment the costs of such maintenance, replacement or repairs, as the case may be, aga1nat such Owner's L01: in the manner provided by this Declaration.

4. The provisions o! Article IV, Section 1 (dJ are hereby deleted and the following substituted therefor:

'. d J ~ , Each Ow1ner of a Lot shall obtain insurance coverage upon the Let 1nsuring the dwelling un1x located thereon in an amount equal to the maxi.mum insurable replacement value 1 ex.cl uding foundation and exca1stat ien costs. Such cove-rage shall afford protection against: wind·-st.o:t;;t, and other hazards covered by a standard l!!Xt:ended coverage endoreementf and; (ii} such other risks as from t1me to t:une shall be customarily covered with respect to buildings :similar in construction, locat1on and use as the buildings on the land including but not limited to vandalism and malicious mischief. The Owner 9hal1 fu.rnish proof of such insurance to the Assoc.iation at the time of purchase of a Lot and shall furnish proof

of such insurance on ellch anniversary date ~f an owner shall f'ail to provide sucn

insur2u1ce the Association may obta.:n such insurance and sha2l assess the owner for the cost of same 1n accordance as a specific assessment as defined herein.

::, . Th~ prov.is.ions of Article IX, Sectior: 2 are he::eby delet!:!d

~l.QILL. ~ . Each Owner of a Let shal1 obtai.n insurance coverage upon the Lot 1nsur::..ng the

dwell1.n9 unit :ocated ':hereon tn an amount equal to the maximum insurable replacement value, excluding foundation and excavation costs. Such coverage shall afford protection against:

(ai Loss or damage by fire, hurricane, windstorm, and other hazards covered by a extended coverage endorsement, and

tornado, standard

(b} Such other risks as from time to time shall be custorr.arily covered with. r~spect to buildings similar in construct1on 1 location and use as the buildings on the

including but malicious mischief.

not limited to vandalism

The Owner shall furnish proof of such insurance to the Association at the time of purchase of a Lot and shall furnish proof of renewal er such insurance en each anniversary da.te thereof. If an owner shall fail to provide such insurance· the Assoc1ation may obtain such insurance and shall assess the Owner for the cost of same 1n accordance w1th chis Declaration.

6. The provisions Section 2 (bJ are hereby deleted and the following substit:1ted therefor:

b} ~~. At; Ar ..... "1ual Exterior Mai.nte-na.nce Assessment to provide and be uaed for the exterior ma1nt.enance, repa1rf renewal f

replacement: and irr.provem~nc. of ttie exterior of each Let, 1ncluding reser;es for any and all of the foregoing.

7. All other provisions of the Dec.la:ration shall remain "'r,

force and effect.

Associat :on her!!by ::::e:rt 1. f 1es t'.:'1at. the requisite approval .,;,,<,

w·!:":t.ing c;;f s::txty-~seven percent of the Class '•An Membersi and of the C.!.ass "Bn Member which is Declarant, has been obtained.

IN WITNESS lffl.EREOl', the Association and Declarant: have executed this Declarat :u:::r: the date stated above.

Signed, sealed, and delivered 1n the presence of:

STATE OF FLORIDA COUNTY OF HILLSBOROUGH

OR BK 10431 PG 1089

:H SGNCOAST HOMES, INC,, a Florida corporation,

~;-~~·~~,~~~~-lJ:.mea R, Clark, President

Tt:ho~;~-:g :,:atruc:ier:t was acknowledged before me :::h:s !lo _ d.a:l :::;f • I 1 2000« by ,James R. Clark as President of :H St,incoast Homes, Inc. He is pP<rsonal 1 v known to me or has produced

as ~-~cat.ion~'"

(~~~'\ NOTARY PUBLIC ~I a r:1e :\") f f"J0,""\r \'C\ l, C \ \ t' ,­Ser 1 al #: ----------------My Commission Expi,.res: --------

\

/ ' ?ri/it/ Name:

. I IJ STJ\TE Of FLORIDA COtJNTY OF HILLSBOROUGH

OR BK 10431 PG 101)0

THE CLASSIC TO~MOMES OF WEST PARK tlILLAGE ASSOCIATION§ INC., a Florida

7tl.¼hg instr~rner.t was acknowledged befor-e me th:s ll_e day of _ r""') , 2000 1 by James R. Clark as Presid~nt of The Classic Townhomes of West Park Village P,lsscc1at1on, Inc. He 1s

... 1 or has produc·ed

* DEANNA Al. KEllER ~ t.t.alrJ. #XV "-' 1. 20ll ~"'cca.iu

My Commission Expires: --------

111111"'' ti HI 1111 Bl■ 1111111111111111

f;t::_":1.UtN -ro 7.J

JTh.111 Dccumemt PrepAre-d By:

Xolloy & JJ&tne®'

325 South Boulevard T~twpa, Florida 3)606

SUP?L~AL DECLARATION TO Tll:Jil DECLARATION OF KAS~S' co~s, CONDITIONS, AND US:TlU:CTIONS OF THE CLASSIC TOWNROIOS OF IO:ST PAJUC VILLAGE:

This SupplU!antal Declaration is mads this StJ!-rtrnb§(,,, 201'.lO by IH Suncoast Hooes, Inc,,

hereinafter called •Dsclsrsnt,rt whose address is Tampa, Florida 33624.

INSTR f 2000283868 OR BK 10400 PG 0702 IEa.o I0/ll/200t 02: 15 I'll Rl!lffl M: !Ul1II CF CWIT Hlll.SliOlllmi mJflY !EMl OJ:!ll< 5 ~·

day of s Florida corporation, 8401 J.R. Manor Drive,

Whereas, Declsrsnt is the owner of certain resl property in Hillsborough County, Florida, described as Lots l thro11gh 6 of Block 8, of Westchase Section 325A, according to the msp or plat thereof recorded st Plat Book 05, ?age 77, of the public records of Hillsborough County, Florida, (the "Property•); and

Whereas, Declarant previously recorded that oertain Declaration of Easements, Covenants, Conditions and Restrictions of The Classic ·:owohosos of West Park Village, recorded at o. FL 09!!!!7. Page 1127 of the public records of Hillsborough County. Florida (the "Dsclaration•); and

Whereas, the Declaration provided in Article V!Il, Section 2, for L1nrH~xation of additional prop~rtiea which may herea.fter be made subject tc this Declaration, by the filing by Declarant of a Supplemt!ntal Declaration; and

Whereas,. the Declarant intends to make the Property I as described above, which is also part of The Classic To'.,rnht::>mes of West Park Village, subject t:o the Declaration;

WHEREAS, Declaran.t intends to develop The Property into a res1dential comrnunit.y to consist of singlf! family homes; and

l<IR!!:RKAS, Declarsnt deinres to impose a common plan of developmen:: ,u,d enjoyment upon The Property to protect its value and desirability;

NOii!, Tll:l!JU!:li'ORl!, the Declarant hereby declares that the Property dencribsd as Lots 1 through 6 of Block !l, of Westchane Section 325A, according to the map or pla.t: thereof reccrded at Plat Book 85, Page 77, of the pubhc records of Hillsborough County, Florida shall be held, sold and conveyed subject to the Doclarat1on of Easements, Covenants, Conditions and Restrictions of The Cla.ssic Town.homes of West Park

OR '{ 10400 PG 0703

Village, recorded at 0. R, 09887, Page 1127 of the public records of Hillsborough County, Florida, which is for the purpo,;e of protecting the value and deairability of, and which ahall run with, aaid real property and be binding on all partiea having any right, title or interest therein or any part thereof, their respective heirs, pereon&l repreeentativea, successors and assigns, and shall inure to the benefit of each o,..ner thereof;

PlitOVIDIID, the Declaration as applicable to the Property described above shall be amended as follows:

l, The provisions of Article IV, Section l(a) are hereby deleted and the following aubstituted therefor:

.. ccc~on 1. ~-

(a) ~,i,t,' ,..f ~- The Association shall provide maintenance upon each Lot and each Lot ia subject to assessment for such w.ainten.ance 1 as the case rr.ay be, as: follows: (i) the exclusive right to conduct exterior· maintenance including but not limited to the repair, replacement and maintenance of roofs, gutters, patios, lawns, trees, shrubs, landscaped areas including any partially enclosed front yard• of Lota, walks, fence•, and other exterior improvement• installed by Declaram: 1111 part of the Work, and their replacements; (ii) the exclusive right to painting and repair of exterior building surfaces, which must be conducted two times, every ten (Hl) years, the initial such time period to commence from the date that tbe first Lot io sold to a residential owner; {iii} repair1 replacement, and maintenance of the utility easements located under each Let as described in Article 1!; and (iv) the right to maintain irrigation systems along the extetior of each Lot and within the Irrigation Easement. The Aaacciation'a duty of exterior maintenance doe!3 not include: glass surfaces; replacement o! exterior doors; or replacement of any trees, shrubs, lawns or landscaped areas within an enclosed er fenced yard, patio or fully enclosed entry area including the enclosed rear patios of Lots, The Aosoc1aticn also ia not responsible for any maintenance t repair or replacement resulting fr~'11 any fire, wind, flood, tornado, hurr1cane or other ca•ualty; and each Owner will promptly correct any and all such cooualty damage to such O..ner' o Lot within a reasonable time aa specified belo¾f. Where it is stated herein that the Association has (§exclusive control.a, it means the Owners of Lots shall not be required$ or entitled, to conduct such activitiest it being the intent: of the Asaouiat1on to control such activities for purpcae of maim:sinu1g un1foi::m1ty within the Property, All maintenance performed by the Aasociaticn shall be at leant up

OR '( 10400 PG 0704

t.o the community-Wide Standards, as defined in the Master Declaration. The Association shall have sole discretion as to the timing and necessity of maintenance activities, The Association has no responaibility for defects which are covered by a Home Buyer• Warranty VI program or other Vllrranty at law or pursuant to contract.

2. The provisions of Article IV, Section l(b) are hereby deleted and the folloving substituted therefor:

(b} Responsibility of Owner, The Owner shall provide exterior maintenance as follows, the cost for which each Owner shall be individually responsible: ( i l repair or replacement of all glaaa surfaces on his/her Lot; (ii! replacement of exterior do-ors; (iii} replacement of any trees~ shrubs, lawns or landscaped areas within a fully enclosed or fenced yard, patio, or entry area including the rear patios of an owner's respective Lot; (iv) maintenance, repair, or replacement resulting frOOI any fire, wind, floed, tornado, hurricane or other casualty damage within the Lot of an Owner; (v) repair or replace any property whether upon such owner's Lot or any other Lot, or the Common Area, which repair or replace111ent is required because of any gross negligence or the willful act of such owner or any member of such 0,1ner'a family or household, or any invitee of such owner; (vi) pressure waahing of lead walks, dri vevays and exterior building surfaces, which the owner shall have performed st least once per year, and must he performed by a professional £:H:r\lice, licensed for pressure washing. All maintenance performed by the OWner shall be at least up to the Community-Wide Standards, as defined in the Master Declaration.

3. The provisions of Jixticle IV, Section l (c) are hereby deleted ~nd the following substituted therefor:

\c} ~ ; ,.... . The Association may perform maintenance or make repairs and assess the costa of any required exterior maintenance or repairs to the Owner of any Lot under the folloving circumstances: (i) such O,n1er dces not maintain in a reasonable condit1on any lawn or lanru1caped ares on such O,tner' Lot that the Aseocration is not required to maintain; or (ii) such o,.,rner does not when reas.onably necessary ::-e-place any glass surfaces or exterior doors on such Owne:r 1 s Lot; or \iii) any :maintenance, repair or repLacernenc, whether upon such Owner's Lot, or any other Lot or Common Area, is required because of any willful act er gross negligence of such Owner or any member of such O¼.,ne:r'S family

OR ,I{ 10400 :PG 0705

or household or any invitee of such Owner; or (ivl any owner fails proq:,tly to repair or replace, aa the case may be, any casualty damage to such Owner's Lot; and (v) such Owner has failed to undertake the necessary maintensnce or replaceG1ent within a reasonable period of time following written notice frQ'll the Association. Upon the occurrence of the forgoing, and after reasonable prior notice to such OVner, and a reasonable opportunity to be heard, the Association's Board of Directors by a vote of not leas than sixty-seven percent {671) of the ful 1 Board may undertake such maintenance, replacement or repairs and may asaeaa by ■pecific aaaeasment the coats of such maintenance, replacement or repairs, as the case may be, against such Owner' a Lot in the manner provided by th:us Declaration.

4. The provisiona of Article IV, Section l(dl are hereby deleted and the following substituted therefor,

(dl Inau.anc.c...m...l,,QU. Each Owner of a Lot shall obtain insurance coverage upon the Lot insuring the dwelling unit located thereon in an amount equal to the maximum insurable replacement value, excluding foundation and excavation costs. Such coverage shall afford protection again■ t: (il loss or damage by fire, hurricane, tornado, wind-storm, and other hazards covered by a standard extended coverage endorsement, and; (ii) such other risks as from time to time shall be customarily covered with respect to buildings similar :rn construction, location and use as the buildings on the land including hut not limited to vandalism and malicious mischief The Owner shall furnish proof of such insurance to the A~sociation at the time of purchase of a Lot and shall furnish proof of renewal of such insurance on each ann.i vereary date thereof. If an o;,ner shall fail to provide such irumrance the Association may obtain such insurance and shall asaess the owner !or the cost of same in accordance as a specific assessment as defined herein.

5. The provision■ of Article IX, Section 2 are hereby deleted and ~:::o following aubstituted therefor:

~ I..eu.a..,,e on Lot:e. Each Owner of a Lot shal, 1 ohtain insurance coverage upon the Lot insuring the dwelling unit located thereon in an amount equal to the maximum inst.u:able rf!placement value, excluding foundation and excavation costs. Such cc:r1,.rerage shall afford protect.ion against:

Loss or damage by fire, hurricane, tornado

OR :C 10400 PG 0706

windstorm, and other hazards covered by a Btandard extended coverage endorsement, and

(b) Such other risks as from time to time shall be cuatOO!arily covered with reapect. to buildings similar in construction location and use ae the building• on the land, including but not limited to vandalism and malicious mu,chief.

The Owner shall furnish proof of such insurance to the Association at the time of purchase of a Lot and shall furnish proof of renewal of auch imrnrance on each anniversary date thereof. If an o,.rner shall fail to provide such 1nsunmce the Associat1on may obtain such insurance and shall asseas the Owner for the coat of aare in accordance with this Declaration.

6. The provisions of Article V, Section 2(b) are her~by deleted and the following stilistituted therefor:

(bl ..,...._...._....,,,..._.._..u.,..,.....,...,....,..._.,,.....,....._.wc...._.. Ari Anmial Exterior Maintenance Assessment to provide and be used for the exterior w.aintenance, repair, servicing~ renf!wal t rep la.cement a 1mprovemenc of the exterior of each Lot, including reserves for any and all of the foregoing.

7. All ocher provisions of the Declaration shall be ::n f:.:l: force and effect as to the Property.

Signed. scaled. and delivered in the presence of:

fH SUNCOAST HOMES, INC a Florida corporation

By: ~

Print -k Its: __ 4---'_,_.=.,.,,,_,___ _____ _

OR K 10400 PG 0707

ST A TE OF FLORIDA COUNTY OF HILLSBOROUGH

The foregoing instrument was acknowledged before me lhi, ..i!S2_ day of ~. :!000, by ;h,:r,e-;. 12 C: /act: as ____ Presidentof[H Suncoast ~ ~Jly known to fl_!C or has produced _____________ as identification.

J.llf1\fL.lMolES MTCOWMISSO'<•a;­

EXlffS..,.19.l(l)O ..... k ...... ~.,,.,.__.

!UCH!'L ffOWUNO Print Name: ________ _

ST A TE OF FLORIDA COUNTY OF HILLSBOROt.:GH

Serial#: -----------My Commission Expires: _____ _

THE CLASSIC TOWNHOMES OF WEST PARK VILLAGE ASSOCIATION, £NC.. a Florida corporation

·The foregoing ~J!Stmmcnt was acknowledged before me this .d_ ~_day o~~. 2000, by J r:::<:S::.'.~ as ____ President of The Classic Townbomcs of West Park Village Association. Inc. He is known to me or has produced

as identification.

~ ~-- ~ -NOTARY PUBLIC

1 ,.,.,,.

* ~ DEANNA U. KELI.ER ..,_,,,,llo,,.l©(¼l ....... , .. ,!It .. ~-~t§J

'1ft fl,..

Name: ------------Seri a J *-----------My Commi55ion Expires: ___ _

111111 'IIHIU■ llll!lll!IIIIIIIIU

'i(e:,1,1..(uJ ,-0 :J_

~

\ Thu Document Prepared Mol lc,vy & Jamea 325 South Boulevard Tamp;,, Florida H606

Sln'PLnmNTAL DECLAl!ATION TO Tim DECLARATION OP WI.SmmNTS, COVB!il\!ffS, CONDITIONS, AND UIITIUCTIONS OP

THI! CLASSIC TOWNHOUS O'/! WRST PlU!JC VILLAGE

INSTR f 2000283869 OR BK 10400 PG 0708 JfilMEJ IOl0l/2ll0$ 02: lS i'.'I! i!!ClM! M CUllK IF D:Ur H!US1l€11UB! CllMY IQJN CUllK S Spt1ttr

Thi• Supplemental Declaration ia made thia ___ 2~£,_..U. ___ day of .:'::t p:::\imAi,C,. , 2000 by IH Sum::oaat Homea, Inc. ,

hereinafter called "Declarant," whose addresa is Tampa, Florida 33624.

a Florida corporation, 8401 J.R. Manor Drive,

Where,ua, Declanmt is the o;,ner of certain real property in Hillsborough County, Florida, deacribed aa Lots l through 6 of Block l, Lot:a l through 6 of Block 3, and Lots 1 through 6 of Bloclc 9, all of Weatchaae Section 325A, according to the map or plat thereof recorded at Plat Book !l5, Page 77, of the public records of Hillsborough County. Florida, (t;.he i

1 Property•); and

Where1u:1, Oeclarant previously recorded that certain Declaration of Easements, Covenants, Conditions and Rostriccions of The Classic To,nihomes of Wesc Park Village, recorded at o. R. 09887, Page 1127 of tho public records of Hillsborough County, Florida {tho "Declaration"'); and

Wherea.s, the Declaration provided in Article V!Il, Section 2t for annexation of additional properties which may hsreafter be made subject to this DeclaratiotL by the filing by Declarant: <Yf a Supplemental Declarat.icn; az1d

Whereas* the Declara.nt intends to make the Propertyi as described above, which is also part of The Classic Townhomes of West Park Village~ subJect to the Declaration;

lffi.1!:RllS. Declarant intends to develop :'he Property into a residential corranunit.y to consist of single family homes; and

lffiHRllS, Oeclarant desires to impose a common plan of development and enjoyment upon The Property to prot~ct. its value and desirability;

NOW/, THBltlFOREf the Deel a rant hereby declares that the Property described ae L(.Jts l through 6 of Block l r Lots 1 through 6 of Block 3, and Lots 1 through 6 of Block 9, all of Westchaae Section 325A, according to thr:: map en: plat thereof recorded at Plat Book 85~ Page 77, of the publi. 1.: reccrds of Hillsborough County, Plor1da, shall be held, sold and

OR ~ 10400 PG 0709

conveyed aubJect to the Declara::1on of Easements, Covenants, Cond1tions and !lestrict1ons of The Classic Townhomes of West Park Village, recorded at O. !L 09887, Page 1127 of the public records of lhllsborough County. l'lor1da, which is for the purpose of protecting the value and des1rabil1ty of, and which shall run with, said real property and be binding on all parties having any right, title or interest therein or any part thereof, their respective heirs, personal representatives, successors snd a••igns, and shall inure to the benefit of each owner thereof.

IN WITNESS WHEREOF, Declarant has ex.ecut:ed this Declaration the datz:1 first stated above.

Signed, scaled, and delivered in the presence of:

rl • I //l~~ {.ll.l.,,.c,·~., Prim Name: \01 ,,,, ;) ,;~J',,,•(E,e.

I

ST ATE OF FLORIDA COt'NTY OF HILLSBOROUGH

IH SUNCOAST HOMES, INC. a Florida corporation

By:<}i~R. w Print Nrune: :s;:,, .,.,,,,~.,, I<, C. l,t4<-

lls: p,.,·"•?"'✓

. ( I Tbe foregoing instrument ;"llS acfmowkdged before me this _;k.., day of-~·

2000, bv -..,r,,..,;, <. 'le r as _____ PrC$ident oflH Suncoast Hork'cs, Inc. He 1s

personaity knov.m 10 me or has produced _______________ as identifi~--

J.JtffliLJIWES '" ~•cc~

OPRS.btll,11)6 ...... '-' ........ ~

l

e: ______________ _ Serial#: ___________ _

My Commri:sion Expires: ______ _

Print Name: ---------RACHa HOWUNO

STA TE OF FLORIDA COUNTY OF HILLSBOROUGH

OR { 10400 PG 0710

THE CLASSIC TOWNHOMES OF WEST PARK VlLLAGE ASSOCIATION, INC. a Florida corporation

rcgoing i trument was acknowledged before me this .2[_ day of:,..;~~~~1,c"~• 2000, by \ )..s ____ President of The Classic To,wnhoeoes Park Village A5sociation, Inc. He ~ I Imo or has produced

as identifica ·,0&.--... ---------------~~Iii....-"'---"""--'-'=:.____,_.__-+-· NOTARY PUBLIC Name: ____________ _

Serial II: -----------My Conunission Eiq:iires: _____ _

)

TM• ~t: Pr~~ By: 11«>1.loy &: 3~ US -•h l>oul..-m 't-. l'lcriA:14 nn,

✓ ~ -Wt - (:;:;:} u,,l)> c' :S J ~ ~ 'l'O '1'Bll DBCLAJtl'l'ICll OF DSlllMlDITS, COVJall:lUIITS, COR:DrrI.OKS ARD USTJUC'l'l'.ClfS OF 'l'D CLASSIC '.fOWIH!OKBS OJ' WST Plllt vn.t.ACD

Th.ts Jlmm:idmen+: ie made this

1 ■1111■1111111111111111111■111

INSTR f 1999403135 OR Bl{ 09991 PG 0735 El!lllB 12/31/lffl CIZ:Il 1W lllCM 1H: !lllll If !:WIT Hill Sfl(lllllff! CIUfl' ~ !lllll !l ..,._

day of D EC'emBfi'._ ___ , 1999 by IH SUHCOAST HOMES, INC., a Florida corporation, whose po•t office address is 8401 J.R. Manor Drive, Tarq,a, Florida 33624 (hereafter referred to as the "Declarant"), joined in by THE CLASSIC TOWNHOMES OF WEST PARK VILLAGE ASSOCIATION INC., a Florida not-for-profit corporation whose poet office addree11 8401 J.R. Manor Drive, Tampa, Florida 33624 {hereafter referred to as the •Aseociation".

Where-, IH SUNCOAST HOMES, INC. ("Oeclarant•)ie the owner of certain real property described as The Claesic Tollffihomes of West Park Village, as described as Lota 1 through 6 inclusive of Block 2, of ~c:base Section 329 according to the map or plat thereof recorded at {Plat Book 85, Page 77, of the public records of Hilleborough County, Florida lthe Property); and

Whereas, Oeclarant ha■ previously recorded that certain Declaration of Basements, Covenam:s, Conditions and Restrictione of The Clasaic Tovnhome• of West Park Village, recorded October 22. ~999, at O.R. 09887, Page 1127, of t:he public records of Hillsborough County, Florida (the "Declaration"); and

Where-, the Declaration provides in Article XII, Section: for amendment by the Declarant and Association prior to the conveyance of the first Lot to an Owner; and

Whereas, Declarant ha.e not conveyed the first. Lot to an Owner;

How, Tl::lerefore, the Declarant and Aasociation do amend the Declaration aa follows:

1. The provisiona of Article IV, Section l (a) are hereby deleted and the following subetituted therefor:

OR Bl( 09991 PG 0736

Section 1, Maintenance.

(al Reaponaibility of Association. The Association shall provide maintenance upon each Lot and each Lot is subject to assessment for such maintenance, as the case 111&y be, as follows: (ii the exclusive right to conduct exterior maintenance including but net limited to the repair, replacement and maintenance of roofs, gutters, patios, lawns, trees, shrubs, landscaped areas including any partially enclosed front yards of Lots, walks, fences, and other exterior improvements iru1talled by Declarant as part of the Work, and their replacements; (ii) the exclusive right to painting and repair of exterior building surfaces, which must be conducted two times, every ten (10) year•, the initial such time period to commence from the date that the first Lot is sold to a re■idential owner; (iii) repair, replacement., and maintenance of the utility easements located under each Lot as de■cribed in Article II; and (iv) the right to maintain irrigation •Y•tems along the exterior of each Lot and within the Irrigation Easement. The Aa■ociation' !!I duty of exterior !llllintsnance does not include: gla•• surfaces; replacement of exterior doore; or replacement of any trees, shrubs, lawns or landacaped areas within an enclosed or fenced yard, patio or fully enclo•ed entry area including the enclosed rear patios of Lots. Where it is stated herein that the Aasociation has •exclusive control•, it means the owners of Lots shall not be required, or entitled, to conduct such activities, it being the intent of the Aaaociac.ion to control such activities for purpo■e of maintaining uniformity within the Property. All maintenance performed by the Aa■ociation ■hall be at leaet up to the community-Wide Standard■, as defined in the Master Declaration. The Association shall have aole discretion as to the timing and neceeeity of maintenance activitie•. The Aasociation has no responsibility for defects which are covered by a Home Buyer• Warranty VI program or other warranty st law or pur■uant to contract.

2. The provisions of Article rv, Section 1 (b) are hereby deleted and the following substituted therefor:

(bl Respon■ibility of OWner. The Owner shall provide exterior maintenance as follow■ , the cost for which each owner ■hall be individually re■pons1ble: (i) repair or replacement of all glass surfaces on his/her

OR BIC 09991 PG 0737

Lot; (ii) replacement of sxterior door■; (iii) replacement of any trees, shruba, lawns or landscaped areas within a fully enclosed or fenced yard, patio, or entry area including the rear patios of an owner's respective Lot ; (iv) repair or replace any property whether upon such owner• s Lot or any other Lot, or the Collm¥:)n Area, which repair or replacement: is required because of any gross negligence or the willful act of such owner or any member of such OWner • s family or household, or any invitee of such owner; (v) pressure washing of lead walk•, driveways and exterior building surfaces, which the owner shall have performed at least once per year, and must be performed by a professional service, licensed for pressure washing. All maintenance performed by the Owner 11hall be at least up to the Coamunity-Nide Standards, as defined in the Master Decl11.ration.

3. The provisions of Article IV, Section 1 (c) are hereby deleted and the following subatituted therefor:

(c) Failure of Owner to Repair. 'I1le AAlaociation may perform lllllintenance or make repairs and assess the costs of any required exterior maintenance or repair• to the Owner of any Lot under the following circumstar1ces: ( i) such Owner does not maintain in a reasonable condition any lawn or landac11.ped area on such Owner' Lot that the AJlaociation is not required to maintain; or (ii) auch Owner does not when reasonably neceaaary replace any glaaa aurface• or exterior doors on such Owner's Lot; or (iii) any maintenance, repair or replacement, whether upon auch Owner's Lot, or any other Lot or Common Area, is required bec11.uae of any willful act or gross negligence of such Owner or any member of such Owner's family or household or any invitee of BUch OW:ner; or (iv) 11.ny owner faila promptly to repair or replace, as the case may be, any casualty damage to auch Owner's Lot which are the responaibility of o.mer; and (v) auch Owner hae failed to undert11.ke the nece11a11.ry maintenance or replacement within a reaaonable period of time following written notice from the Aaeociation. Upon the occurrence of the forgoing, a.nd after reasonable prior notice to such Owner, 11.Ild a reaaonable opportunity to be heard, the Association's Board of Directors by a vote of not less than sixty-seven percent (671) of the full Board may undertake such maintenance, replacement or repair• and m11.y assess by specific assessment the costs of such

OR BK 09991 PG 0738

maintenance, replacement or repairs, as the case may be, against such Owner's Lot in the manner provided by thia Declaration.

4, The provisions of Article IV, Section 1 (d) are hereby deleted and the following aubatituted therefor:

(d) Insurarn;e on Lots. The Association 11hall obtain inaurance coverage upon each Lot insuring the components of the exterior of the dwelling unit for which the Association has maintenance responsibility in an amount equal to the maximum insurable replacement value, excluding foundation and excavation costs. Such coverage ahall afford protection against: (i) loas or damage by fire, hurricane, tornado, wind-storm, and other hazard• covered by a standard extended coverage endorsement, and; (ii) such other risks as from time to time shall be customarily covered with respect to buildings similar in construction, location and use as the buildings on the land including but not limited to vandalism and malicious mischief.

s. The provisions of Article IX, Section 2 are hereby deleted and the following eubstituted therefor:

sect.ion 2, Insurance on Lota. The Asaociation shall obtain insurance coverage upon each Lot insuring the components of the exterior of the dwelling unit for which the Association ha• maintenance responsibility in an amount equal to the maximum insurable replacement value, excluding foundation and excavation costs, Such coverage shall afford protection against: (i) loss or da-ge by fire, hurricane, tornado, wind-storm, and other hazards covered by a atandard extended coverage endoraement, and; (ii) such other riaks as from time to time shall be cwttomarily covered with reapect to buildings aimilar in construction, location and use as the buildinga on the land including but not limited to vandalism and malicioua miachief.

6. The provisiorui of Article v, Section 2 (bl are hereby deleted and the following aubstituted therefor:

(b) Exterior Maintenance Aaseslffl'l@nt, An Exterior Maintenance Assessment to provide and be used for the exterior maintenance, repair, servicing, renewal, replacement and i~rovement of the exterior o each Lot, including reserves for any and

OR BK 09991 PG 0739

all of the foregoing and insurance for the exterior and dwelling structure on each Lot.

7. All other provi•ions of the Declaration shall remain in full force and effect.

Df Wl:'l".lll'BSS WfflrllroF, the Declarant and the Association have executed this Declaration the date stated above.

Signed, sealed, and delivered in the pre•ence of,

STATE OF FLORIDA COUNTY OF HILLSBOROUGH

IH SUNCOAST HOMES, INC. a Florida corporation

'nle foregoing instrument wasa~,owledg~ ~ore me this~~ day of '9fCeru3.e.<.. , 1999, by ~~ l<. CL~

as C! oo !?:te:eideut--of IH Suncoast Homes. Inc. He is personally known to me or has produced

as identification.

~ ~kkM NOTARY~ 0 Name, _______________ _

Serial#, --------------Illy Commission Expires: ______ _

oa BK 09991 PG 07t0

Tim CLASSIC TOWNHOMES OF WEST PARK VILLAGE ASSOCIATION, INC. a Florida corporati~

s 1¢12,&J By, r f'. f¼L ~ ~~;~:;;:i.!:~~· € cu

Print Name: RACHl:L 00\lfi..AND

STATE OF FLORIDA COUNTY OF HILLSBOROUGH

The,_f~regoing instrument was ac)Qlowledge~ before me this~ day of }Jr c&:o &t:,L. , 19 9 9 , by ,,.Jt\ mf S ,[. • c, Atf t ____ as __________ President of The Classic Townhomes ot West Park Village Association, Inc. He i• peraonally known to me or has produced ________________ as

Tcient if ication.

Name: _______________ _

Serial#: --------------My Courn:iaaion Expires: ______ _

DECLARATION OF EASEl\,fENTS COVENAi"ITS, CONDITIONS Aic1'1) RESTRICTIONS OF THE CLASSIC TOWNHOMES OF WEST PARK VILLAGE

INSTR f 99329997 OR BK 09887 PG 1127 ~ 10/Wl'ffl 02153 .W IIICIMI 11£ cta11! IF aDT llll.!!llll08I mJIIY ~ rm llll1F.s.201.ll21 @. lfl ~ ctall! ,~

THIS [NSTRUMENT is the "Declaration of Easement5, Covenants, Conditions and Re&trictions" of 1be Cl-ic Townhomcs of Wcat Park Village and is made by rH SUNCOAST HOMES. INC, a Florida corporation, whose post office addrcas is 8401 J.R. Manor Drive, Tampa. Florida 33624 (hereafter referred 10 as the "Declarant"), joined in by THE CLASSIC TOWNHOMES OF WEST PARK VILLAGE ASSOCIATION INC .. a Florida not-for-profit corporation whose post office addn:u 8401 J.R. Manor Drive. Tampa, Florida 33624 {hereafter referred lo as the "Association" this 1st day of October , 1999.

YLl..I.lLE..S..:

WHEREAS, Dcclarant is the owner of certain property located in Hillsborough County, Florida, which is more particularly described as:

Lots I through 6 of Block 2 of Westchue ~ :32SA, ilccording 10 the map or plat thereof recorded al Plat Book 85. Page 77, of the Public Record5 of Hillsborough County, Florida, as amended and revised.

NOW, THEREFORE, Dcclarant and Association hereby declare that all of the real property described in the prcvioU$ paragraph shall be held, sold and conveyed subject to the following easements. covenants. conditions and restrictions which are for the purpose of protecting the value and desirability of. and which shall run with, the dC8Cribcd real property and be binding 011 all parties having any right, title or intcre5t in the described real propeny or any part thereof. their heirs, ,mccessors md assigns. and shall inure to the benefit of each owner thereof

ARTICLE I

Unless the co111ex1 expressly requires otherwise. the following terms mean as follows wherever used in this Declaration:

Section l. "Association'.'. means THE CLASSIC TOWNHOMES OF WEST PARK VILLAGE ASSOCIATION, INC .• a corporation not for profit, organized or to be organized pursuant to Chapter 617, Florida Statutes. its successon; ru,d assigns.

Section:!. "Board" or~'. means the Association's Board of Directors.

l

OR BK 09887 PG 1128

Section 3. "Common Arca" mcam all property, from time lo time owned by the Asaociation for the common use or enjoyment of all Ownen. The Common Area shall also include e:asem1:r11s over md under each Lot for the benefit of each respective Lot Owner and the Association ICl'Viced by said eucments, for all conduits, pipes, ducts, plumbing. wiring and all other facilities neceuary for the furnishing of utility services 10 Lota.

Section 4. "Ooclarant" mcam Df Suncout Home!, Inc., a Florida corporation, ilS su~rs Uld as&igns, if such mcceswrs and asgigns are designated in writing by the Declarant as the successors md as&igns of the Declarmt•, rigbt1 hereunder, until such time urn Suncout Homes, Inc., its su~rs or usigns, files an affidavit in the public records stating that it, or its nominee, has succeeded 10 the poaition ofDeclarmt.

Section 5. "Eli.A" mcam the Federal Hollling Adminisn-ation of the Depm:tment of Housing and Urban Development of the United States of America and its successors.

Section 6. "l.ut' includes, without limitation, any !llatute, ordinance. rule, regulation or order validly created, promulgated or adopted by the United States, or any agcocy, officer, or initrUmentality thereof. or by the State of Florida, or any agency, officer, municipality or political subdivi1ion thereof. or by any officer, agency or instrumentality of such municipality or subdivision, and from time 10 time applicable 10 the Property or to any and all activities thereon.

Section 7. •Lot• means any plot of ground shown on any recorded subdivision plat of the Property, other than the Common Area and streels or other areas dedicated 10 public use.

Section 8. Master A5,n;i1tion• mcam Westch.ue Community Association, Inc., its successors and assigns.

Section 9. "Master Do:lmtiOll.". means the Amended and Restated Declaration ofCovcnanu, Conditions and Restrictions for Westchue recorded in official Records Book 6406, page 149 of the Public Records of Hillsborough County, Florida. as amended from time 10 time.

Section ! 0, "Mortgage" mcam any mortgage, deed of trust. or other instrument transferring any interest in a Lot u security for performance of lll'.l obligation. :.Ei.tu Mor1aaac" me.ans any Mortgage constituting a lien prior in dignity IO all other Mortgages encumbering the same property.

Section ! I. "Mortaaaoc• means any penon named as the obligee under my Mortgage, or the successor in interest to such person.

Section 12. "Owner mcam the record Owner, whether one or more persons, of the fee simple title to any Lot, including contract sellen;., but excluding any other person holding such fee simple title merely as security for the performance of an obligation.

Section 13, "Pcooo• mcam any natural person or artificial legal entity, unless the context expressly requires otherwise.

2

OR BK 09887 PG 1129

Section 14, :eJa.L: means the recorded plat ofWcstchasc Section 325A, per Plat Book 85. Page 77, Public Records of Hillsborough County, Florida.

Section l 5. Pmpc:rl)' • means the real property that is subject to this Declaration, as described on Page I hereof, and such additional lands to which this Declaration may be extended from time 10 time u provided in Article VIII, S 2.

Section I 6. "BC'&Ouk.d" means filed for record in the Public Records of Hillaborough County, Florida.

Section 17. "Supplemental Declaration" means any Declaration hereafter recorded for the purpo'se of extending the provisions of this Declaration to any portion of the lands other than the Property,

Section I !t "Ihc.Willi.: means the initiaJ consttuction of improvements, including dwelling units, landscaping and hardscaping upon all or any portion of !he Property for a residential community md the sale and/or leasing thereof by Declarant.

Section 19. "Y.A" means the Veterans Administnltion of the United States of America and its sm:cesson;.

Section 20. DocumQJtation. The legal documentation for The Classic To'Nllhomes of West Parlr. Village consists of this Declaration, all supplement a.I Declarations, the Association's Articles of Incorporation, a copy of which is attached hereto u Exhibit •A•, the Association'• By-Laws, a copy of which is attached hereto u Exhibit B", and all amendments to any of the foregoing now or hereafter made. Unless the context expressly requires otherwise, the following terms m= as follows wherever used in any of the foregoing, in any corporate resolutions and other instruments of the Association, and in any deeds, mortgages. assignments and other instruments relating 10 all or any portion of the Property.

(a) "Dc:c)aostian" mellnS this Declaration and all applicable Supplemental Declarationa as from time 10 time amended.

(b) ~ m=s the Articles of Incorporation of the Association, and its successors, as from time to time amended.

(c/ ':BycLaws• means the By-Laws of the Association, and its successors, as from time 10

time amended.

Section 21, lntc:cprc!1tion Unless the co111cx1 expressly requires otherwise, the use of the singular includes the plural, and vice versa; the use of one gender includes all genders; and the ul!C of the terms "including• or "include• is without limitation. Wherever any time period in this Declaration, the Articles or the By-Laws in measured in days, "days• means consecutive calendar days; &nd if such time period expires 011 a Saturday, Sunday or Legal Holiday. ii shall be extended to the next succeeding calendar day that is 1101 a Saturday, Sunday or Legal Holiday. Unless the

3

OR BK 09887 PG 1130

context expressly requires otherwise, the 1enns "Common Area," "Lot," "Planed Lands," Property• and "Unplatted Lands" include any portion applicable 10 the con1ex1 and include any and all improvements, fixtures, treea, vegetation md other property from time 10 time situated thereon. This Declaration shall be construed liberally in favor of the party seeking !o enforce its proviaiom 10

effectuate its pwpose of protecting and enhancing the value, mark:et.ability and desirability of the Property u a residential community by providing a common plan for the development IOd enjoyment thereof. The headings used in this Declaration or any other document described in the preceding Section of thi• Article are for indexing pwposes only and are no! 10 be used 10 interpret, construe or apply its substantive provi,ions.

ARTICLE II

CQMMQNAREA

Section I Comeyaocc of Common Propcrt)'. The Declanm may from time 10 time designate and convey lo the AslOCiation easements and/or fee simple title 10 real property to be the Conunon Area for the common w;e and enjoyment of the Owners, subject lo this Declaration. The Association hereby covenants and agrcea 10 accept from the Declarant title 10 a.II eruiements and all such conveyances of Common Arca 1111bject 10 the lenns and conditions of this Dcclarant and the obligations set fonh herein.

Section. Ownca PafCIDmts ofEruoymcnt Every Owner shall have a nonexclusive right and easement of enjo}nlent in and to the Common Area which shall be appwtenant to and shall pass with the title to every Lot; provided, however, that oo Owner shall do any act which intctfe:res with 1he w;e and enjoyment of the Common Area by all other Owners.

a. Declarant has dedicated and conveyed or will dedicate or convey to the Association for use and maintenance of utility, drainage. wall and landscape elll!eme!l!s, together with a right of ingress and egress over and acroli.i the euoment areas for such purposcs" Within these easements, no structure, planling or other material shall be placed or pcrmined 10 remain which may damage or interfere with the inatallarion and maintenance of utilities, drainage strm:lures or walls. or which may impede the flow of water through drainage structures in the easemen!ll. Easement areas within a Lot and all improvements in it shall be maintained continuou,ly by the Owner of the Lot, unless maintained by the .'Usociation. Each Owner is responsible for damage lo or destruction of the euome!ll area and all improvements 011 ii caused directly or proximately by the acts or omissions of such Owner and any guests, invitees, residents, or other pel'llOnt occupying or present upon said Lot.

Sa;;tjoo 4. Wmr ?,,:faoagi:rru:m Ao::a!i The following restrictions apply 10 all areas within the Property, including Common Arca and Lots.

a. Each property Owner within the subdivision shall have the responsibility .11 the time of

OR BK 09897 PG 1131

any construction, 10 comply with the construc1ion plans for the surface waler management system pursuant IO Chapter 401)...4, Florida Adminisa-ative Code, approved and on file with the Southwest Florida Water Management District.

b. Each Owner shall have the responsibility no! lo remove native vegetation (including cattails) that become established within the wet ddention ponds or juriadictional llreU abutting their property, unless permitted by the Southwest Florida W11er Mmmgemenl District Removal includes dredging, lhe application of herbicide. and cutting. Lot owners should address any question regarding authorized activitiet within the wet detention pond to the Southwest Florida Water Management District. Tampa Permitting Department.

' c. No 01,1,Ticr of property within the subdivision may construct any building. residence. or structure, or undertake or perform any activity in the wetlanda, buffer llreti, and uplmd comervaion areas deacribed in the approved pennit of the subdivision, unless prior approval is received from the Southwest Florida Water Management District pursumt to Chapter 40D-4, Florida Administrative Code.

d. No Owner may perform any activity in the wetland conservation area de8Cribed in the approved Southwest Florida Water Management District permit and recorded plat of the Jubdivision, unless prior written approval is received from the Southwest Florida Water Management District Tampa Permitting Department pursuant 10 Chapters 40D-4, 40 and 400, Flonda Administrative Code.

Sa:tion ;, All Ri&})cs and F11crnco1s Appuncn•oce:s ·me benefit of all rights and easemmis granted by this Article, or by any Supplemental Declaration, constitute a permanent appurtenance to, and shall pus with, the title 10 every Lot enjoying such benefit. Whenever any such right or eru;cmen1 is described as non-exclusive by this Article or by any Supplemental Dedanttion, its benefit nevertheless is exclusive 10 all l.otJ granted such benefit by this Article, or by such Supplemental Declaration, unless this Article, or such Supplemental Declaration expressly grants such benefit 10 additional P=ns. In no event shall the benefit of any such easement extend 10 the general public.

Sccrioo 6 Reciprocal F11cmc01s and A asa:iacion l .lilily Fsscmmt:s. ·mere are reciprocal appurtenant easements between each Lot and between adjacent Lots, for the maintenance, repair and reconstruction of any party wall or walls. as provided in Article VII of this Declaration; for common fences between Lots; for llleral and subjacent suppon; for overhanging roots. eaves and trees, if my, mstalled by Decl:1111111, and for replacements thereof; for fences; for encro.11ehment1 caused by the initial placement, settling or shifting of any improvements constructed, reconstructed or altered therein in accordance with die provisions of thi1 Declaration; for water, sewer, electric, telephone and cable utility lines for the service of any unit. md for the drainage of ground and surface wlilefll

in the mmmer established by Dcclarant. To the cx1c111 001 inconsistent with this Declaration, the general rules of common law apply lo the foregoing easements. The cx1en1 of such easements for drainage, lateral and adjacent ruppon and overhangs is that n::asonably necessary 10 effectuate their respective purpoSC$; and such easemmis of encroechment extend lo a distaoce of oot more than five ieet, all meuured from any point on the common boundary along a line perpendicular to such

5

OR BK 09887 PG 1132

boW1dmy 111 such point

To the cxlent that any land or improvement which constitutes part of the Property, now or hereafter supports or conlributca to the 1upport of any land or improvement constituting mother pan of the Property, the aforesaid land or improvement. or both land and improvement is bcreby burdened with m easement fur support for the benefit of the Property or Lot 1lli the ese may be. The easement for support shall be an easement appurtenant and mil with the land at law.

If any portion of a Lot by virtue of the Wort performed by Declimmt encroaches upon an adjoining Lot or Loi.. 11 valid easement for the encroachment and for the maintenance of the ume, so Ion_& !IS ii stands, shall md docs exist. Such encroachments and e11Semmts sh.all no! be considered or determined lo be enclDllbrmces Oil the Lots for the pll1JIO&es of marlcetability of title. In the even! a building on a Lot or any portion thereof is destroyed and then rebuilt, the Owners of the Lot or Lou agree that minor encroachments of parts or other Loli, because of such reconstruction shall be permitted and that an easemml for such encroachment and the maintenance and repair of the same shall exist.

Declarant hereby grmts to the Association 1lll easement over all of the Propcny including each Lot, for the installation and maintenance of utility lines and access thereto. Such utility lina shall include, without limitation, electric, telephone, cable, water, and waslewaler lines for the service of nearby Lot or Lots, u such lines are originally installed by the Declarant.

Sc:ctioo 7, Loi Easrmcois. Dcclarant hereby gnrits ,o the Aalociation a perpetual easemenl over the exterior portions of each Lot for the purpoaes of maintenance and aecess as specified in Article lV.

Sa::tinn 8. MISICt Awx:iation Restriction& The covenants contained in the Muter Declantion. the "Community-Wide Standards" (as defined therein), and any additional use ratrictions from time lo time adopted by the Master Auociation which are applicable to the Property {collectively, the "Master Association Restnctioas") are incorporated herein by reference and shall govern the use of the Property. In the event of a conflict between the provisions of this Declaration and the Master Association Restrictions incorporated herein by reference, the Master Association shall be notified in writting and the more restrictive restriction II! determined by the Master ~iation in its sole discretion shall control for purposes of this Declaration.

Sc:clii:in..2. · . No activity is pennitted, oor shall any object or substance be kept, stored or emitted, anywhere within the Property in violation of law. No noxious. deatructive or offensive activity is permitted anywhere within the Property, nor shall anything be done therein that may constitute llll annoymce or nuisance lo any Owner or 10 any other Person at any time lawfully residing within the Property. £.ch Ownei- shall defend, indemnify and bold the Association and all other Owners harmless againtl all lOS!i from any such damage or wute caused by such O'IN"llcr, or by any fllmily or household member residing on such Owner's Lot. Notwithstanding the foregoing, or any other provision of this Dcclmition lo the contrary, an Owner's liability 10 the Association for unintentional acts or omissions ahall be limited 10 the available procccd.5 of any and all insurance maintained by such owoer if, at the time of such acl or omission,

6

OR BK 09887 PG 1133

such Owner has insunmce in force complying with such reasonable requirements as the ASllociation from time to time may establish. Collectability of such proceeds is at the Allociation's risk. To the extent from lime 10 time available, the ~iation's inaurance must provide for waiver of subrogation by the Allociation's imun:r against any owner because of any unintentional act or omisaion for which such Owner is reipOlllible under this Section. The indemnification provisions of thit Section shall in no way be construed to make an Owner m insurer of the Association or !he Common Area. The Association shall be responsible for inswing itself in accordance v;ith Article lX of this Declaration.

Section 10. Rules and Regulations. No Q\,,ner or other Pason ruiding within the Propeny or invileel shall violate the As&ociation's rules and regulations for the use of the Lots or the Common Arca, and all o"'ners and other Persons residing within the Property, and their invitees, at all times shall do all things reuonAbly necessary lo comply with the !lllme. Wherever any provision of this Declaration, or any Supplemental Declaration, prohibits any activity, condition or strm:rure within the Property except as permitted by the Alllociation's rules and regulations, such restriction or prohibition is 5elf-execu1ing wuil the Association promulgates rules and regulations expressly permitting such activities. Without limitation, any rule or regulation shall be deemed •promuJgaceiir when posted conspicuously at such convenient location within the Property ti the Asaociation from time to time may designate for such purpose or mailed to each owner.

Section 11. Provisions luopcorivc as to.J.bc.Waa. Nothing contained in this Declaration shall be interpreted construed or applied to prevent Declannt, its trmsfercea, or its or their contractor1, subcontractor1, agents and employees, from doing or performing on all or any part of the Property owned or controlled by the Declannt, or its ttmlSfcn:es, whatever they determine to be reasonably necesury or convenient to complete the Wort, including:

(a) Erecting, constructing and maintaining such ,trm:tures as may be reasonably necessary or convenient for the conduct of Declarant's business of completing the Work, es1.ablishing the Property as a residential community. and disposing of the same in parcels by sale, lease or otherwise: or

(b) Conducting thereon its or their business of completing the Work, establishing the Property as a residential community, and disposing of the !illmC in pm:els by sale, lease or otherwise; or

(c) Maintaimng such sign or signs ti may be reasonably necessary or convenient m connection wuh the sale, lease or other transfer of the Property in parcels.

As used in this Section, the term "its transferees" specifically does 001 include purchasers of Lots improved as completed residences. Declarant hereby reserves temporary casements over the Property for all USl':S and activities necessary or convenient for completing the Wort, such easements to be exercised so ti not to cause any material damage to the Property. Such easements shall continue so long as Declarant pro5ecutes the Work with due diligence and until Declannt no longer otTc:rs any Lot within the Property for sale or lease in the ordinary course of Declarant's business.

7

OR BK 09887 PG 1134

Section J 2 Accm by Am;,,;,aliQIL The Association bas a right of entry onto the exterior of each Lot 10 the extenl reuooably oeccsury 10 discharge its duties of exterior mainteomxe, if my, and into the interior of each Lot for the purpose of servicing !he utility and common area easemenu dcaaibed in Article 11, or fur my other purpoec rea10Dably related IO the Association's perf ofl!WlCe of my duty imposed, or cxercile of my right gnmtcd, by thit Doclantion. Such right of entry shall be exercised in a rcuonable manner at reasonable times md u:poo reasonable notice wbc:never cin:umslancel permit. No Owner shall withhold consent arbitrarily lo entry by the AD>ciation for the purpoee of discharging my duty or right of exterior ml!inlmllllCe if such entry is upon reasonable notice, at a reasonable time, and in a peaceful and reasonable mllllner. The Alsociation', right of entry may be cxcrcited by its agent.I, employees aid contractors.

' Sa;:tjon L Enfon;emmt All of the restrictionll contained herein shall be enforceable by speci fie performance and injunctive relief. Additionally. any commercial, recreational or other vehicle parked, stored, repaired, ICl'Viced, painted, dismantled, rebuilt, constructed or operated in violation of the restrictions provided in this Declaration or in violation of any l'CllllOnable rules and regulations adopted by the ASlociation from time lo time may be towed away or otherwise n:moved by or 111 the request of the Allsociation, and the Owner of the Lot to whom such vehicle belongs or 10 whom the operation of such vehicle is II family member, gucat or invitee shall reimblllllC the Association for any oo!!IS incurred by the Association and the Association shall have a lien right against soch Lot lo enfon:c collection of such reimbl.lJ'iCment Any cost or expense not incurred by, or the reapo111ibility of. the Ataociation but necessary lo recovery of the towed or removed vehicle shall be born solely by tile owner or the operator of the towed or removed vehicle.

ARTICLE III M.EMBfRSH.ILJ.NQTING RIGHTS

Section L Membership

(a} Each Owner, by virtue of being an Owner and for so long as he is an Owner, shall automatically be a Member of the Association. Allsociation membership shall be m interest appwtcnant to title of each Lot and may 001 be sepanted from ownership of any Lot which is subject !o ~cr;i. ll$ se1 forth herein, and shall be transferable only as part of the fee simple title 10 each Lot

(b) The rights, duties, privileges and obligations of an Owner as a member of the A5sociation shall be those sel forth in, and shall be exercised and imposed in accordance with, the provisions of this Declaration, Articles of lncorporaion and By Laws; provided, that. 1f a conflict arises between the Declan.lion, Articles of Incorporation and By Laws, the Declaration wll take priority.

Sccililll.2. Varina The AJsociation shall have two classes of voting membership:

Cius A. So long as there is Cius B membership, Class A Memben shall be all Ownen. except the Dedarant, and shall be entitled 10 one vo1e for each Lot owned. Upon tcnnination of Class B membership, Cius A Members shall be all Owners, including Declarant so long as

8

OR BK 09887 PG 1135

Dcclarant is an Owner, and each Owner shall be entitled 10 enc vole for each Lot owned. If more than one (I) person ow11S an interest in any Lot, all such persons l!fe Members; but there may be only one {l) vole east with respect le such Lot. Such vole may be exercised as the Owners detennine among them1elves; but oo 1plit vote is permitted.

Cl- 8. The Cila B Member shall be !he Declannt md as long as there is a Class B voting membership the Declanmt shall oo entitled 10 three (3) votes for each Lot owned. Cl- B membership shall cesse and oo convened lo Clan A membenhip and my Class B Lots then 111bject to the IC!?rul of this Declaration shall become Clau A Lots upon the happening of any of the following events, whichever occura earlier:

· (a) When the total votes outstanding in the Cius A membership equal the total vo!cs outstmding in the Cius B membership, including Class B votes for any Property annexed or planned for annexation by Declarant;

(b) On January I, 2005; or

(c) When the Declarant waives in writing its right 10 Class B membership.

ARTICLE rv RIGHT$ AND OBLIGATIONS OF THE ASSOC IATJON

Section I M2iot1:nm:;e.

(a) BcaponS!hilicy ofAW1CiJ11ioo. The Asllociation shall provlde maintenance upon each Lot and each Lot is subject to asscssmml for such maintenance, as the case may be, as follows: (i) the exclusive right to conduct exterior maintenance including but not limited 10 the repair, replacement and maintenance of roofs, gutters, patios. lawns, trees. shrubs, landscaped lll'CliS including any partially enclosed front yards of Lots, walks, fences, and other exterior improvement! installed by Declarant as part of the Work. and their replacements; (i1) the exclusive right 10 painting and repair of exterior building surfaces, which must be conducted two timea, every ten ( l 0) years, the initial 5uch time period 10 commence from the date that the first Lot is sold 10 a residential owner; (iii) repair, replacement, and maintenance of the utility cru.ements located under each Lot as described an Article fl; and (iv) the right 10 maintain irrigation systems along the exterior of each Lot and within the Irrigation Easement. The Association's duty of exterior maintenance does no! include: glass surfaces; replacement of exterior doors; or replacement of any trees, shrubs, lawns or landscaped areas within an enclosed or fenced yard, patio or fully enclosed entry area including the enclosed l'elll' patios of Lo11. The Association also is 001 responsible for any maintenance, repair or replacement resulting from any fire. wind, flood, tornado, hurricane or other casualty; and each Owner will promptly correcl aoy and all such casualty damage 10 such Owner's Lot within a reasonable time as specified below. Where it is staled herein that the Association has "exclusive control", ii means the Owners of Lots shall 1101 be ~uired, or entitled, 10 conduct such activities, 11 being the intent oft.he Auociation lo control such activities for purpose of maintaining unifonnity within the Property. All maintenance performed by the Association shall be al least up lo the commwtity-Wide Standards. llll defined in the Master Declaration. The Association shall have sole

9

!I

dclfecl:S u,,!ur·h ate 001/ell:d

or pll'.l."IIWmt to con!rnct

OP l:3K 09897 PG 1136

no

ln::ell, shrubs, or entry area

ml!inteililllC,e, repair, or replaa:mcnt resulting from witbmlbc Lot ofan Owner; repair

Common

exterior mllitruemmce or rep:i!irsto the Owner mllinlllin in a reasollllb!c coxldition

reqmr1:a to i;ur:fllcl::sorexterior

upon < •

10

OP '8K 00887 PG 1137

Ml owner shall fail 10 provide such insurance the Association may obtain such insurance and shall assess the owner for the cost of same in accordance as a specific :issessmcn! as defined herein.

Sa:tion...l. Sa:Yil:cs. 'The Association may obtain and pay for the services of any person !o manage its "'3irs to the ex1en1 ii deems advisable, as well :is such other personnel as the Association determines arn nec=ary or desirable for the proper operation of the Property, whether such personnel arn furnished or employed directly by the Association or by any person with whom it contracts. Without limitation, the Association may obtain and pay for legal and accounting services necessary or desirable in connection with the operation of the Property or the enforcement of this Declaration, any Supplcmemal Declaration. or its Articles, By-Laws, rules and regulations. The Association may con!racl with others 10 furnish tnsh collection, lawn ciuc, Common Area parlcing maintenance, and any other services or m~terials, or both, 10 all Lots, or lo any group of Lots; provided, however, if such services or materials. or both, arn furnished lo less than all Lots, then: (i) ,mly those Lots enjoying the benefit thereof shall be assessed for the cost thereof, as provided in Article V. Section 6, of this Decliuation; and(ii) provided further, each such Owner's consent shall be required.

Si:tt.ionA .. £.a:sonal.£ropal)'.. The Association may acquire, hold lllld dispose of tangible md mtangible penonal property, 5ubjeet to such restrictions as from time to time may be contained m the Association's By-Laws.

So;1;on 5. Rul~~tions- The ,._ssociation from time lo time may adopt, alter, amend, rescind and enforce reasonable mies and regulations governing the use of the Lots, the Common Area, or any combination thereof. which rules and regulations shall be consistent with the nghts and duties established by this Declaration, and any applicable Supplemental Declaration. The validity oflbe Association's rules and regulations. and their enforcement, shall be determined by a standard of reasonablene.ss for the purpose of protecting the value and desirability of the Property :is a residential cornnmnity. All rules and regulations initially may be promulgated by the Board of Directors, subject to amendmem or rescission by :1 majority of both classes of membership present and votmg ar any regi.;:ar or special meeting convened for such purposes. : hr Association's procedures for enforcing its rules and regulations a! all times shall provide the affected Owner with reasonable prior notice and a reasonable opportunity to be heard, in person and through representatives of such ov,rner's choosing.

Section 6. Implicd R:i:bts. 'The Association may exercise any other right, power or privilege given 10 1! expressly by this Declaration, ;my Supplemental O.Xlaration, it! Articles or By-Laws, and every other right, power or privilege reasonably to be implied from the existence of any right, power or privilege so granted or reasonably necessary to effectuate the exercise of any right, power or privilege so granted.

5.cc.ti.on...L R.cstriclioruin..Capi~. Except for replacement or repair of items mstalled by Dcd:lrant as part of the Work, and cx,:cpt for personal property related to the Common Area. the Association may not authorize capital improvements 10 the Property witl1out Declarant's ccmsem until tcmunation of Class B rnemherslup clS described in Article III, Section 2. Ai all times

OR BK 09887 PG 1138

hereafter, all capital improvements lo the Property, except for replacement or repair of those item1 installed by Declannt as part of the Wort, including the roofs shall be approved by sixty-seven percent (67~'•) of each class of members who me present in person or by proxy and voting at a meeting duly convened for such pmpose, as provided in this Declaration.

ARTICLEV COVENANT FOR ASSESSMENTS

~ AMCSsrncnlJ Estahlishcd. For each Lot owned within !he Property, Dcclarant berebi covenants. and each owner of any Lot by acceptmce of a deed then:to, whether or no! it is so expressed in such deed. is deemed to covenml and agree to pay !O the Auociation:

(a} An Annua.l General Aacument, u defined in Section 2 of this Article;

(b) .->Ji Annua.l Exterior Maintenance Asscslment all defined in this Article;

( c) Special Asielsmcnts for Capital Improvements. all defined in this Article;

(d) Specific asseasments against any particular Lor that are e,tablished pursuant 10 any provision of this Declaration or applicable Supplemental Declaration as provided in this Article; 1nd

(e) All excise taxes, if any, that from time lo time may be imposed upon all or any portion of the assemnents e,tablished by this Article.

All of the foregoing, together with interest no! 10 exceed eighteen percent ( I Bo/.) per armurn u computed from the date the delinquency first OCCl!l'S and all cosu and expenses of collection. including reasonable attorneys· fees. are a continuing charge 011 the land secured by a continuing lien upon the Lot against which each assessment is made; provided, however, in no evelll ahall this 1ntere11 rate exceed the maximum allowable by law. Each such a!ISCSSnlent, together with inten:st and .alt costs and expensea of collection. including reasonable attorneys' feea • .aJso is the personal obligation oflhe Person who Wl!:!i the Owner of such Lot when such ~cnl arose. Such penonal obligation for delinquent asseasmcn1s shall 1101 pass lo an Owner's successors in title who are not affiliated with the Owner or related 10 the owner by marriage, blood, or adoption. unless assumed expressly m writing; however. !he: above referred !O lien shall continue to be enforceable: against the Lot. No First Mortgagee who obtains title to a Lot pursuant 10 the remedie5 provided in the First Mongagee's mortgage shall be liable for unpaid ~cnls which accrued prior to such acquisition of title.

Sa:liwL.2. Pnxpoac of Assc:.w:ncnts· Annual Budect. The ~cols levied by the Association shall be used exclWlively !O promote !he recreation, bealth, and welfare of the residents within the Property and for the operation. management, maintenance, repair, servicing, renewal. replacement and improvement of !lu: Common Arca and the exteriors of those Lots within the Property. Each Lot shall be assessed for this pmpose by l!!l "Annual Assessment• composed of the

12

OR BK 09887 PG 1139

Annual General Asseanent IDd Annual Exterior Maintenance Assessment and which shall be based upon the annual cos!S ncceaary to provide the service for which the assessmm! is made.

The Auociation shall prepare Ml annual budget, which must reflect the estimated revenues and expcmes for that year 111d the estimaled surplus or deficit as of the end of the curren! year. The Budget may contain reserves for capital improvements and shall contain II reserve for repainting the dwelling units on each Lot, at ICM! two times every Im ( I 0) ye&n1 and for repairs or replacement of roo&. The budget must set oul separately all fees or charges for recreational amenities, whether owned by !he A.Jsociation. the Doclarmt, or 11110tber par1y. The ~iation shall provide each Owner and W catebue Commwtity Association. Inc. with II copy of the annual budget or a written notice that II copy of the budget is available upon request al no clllllge 10 the Owner. The copy musi be provided with.in Im ( I 0) days after written request.

AJ111cssments shall be in II equal 11mount for each Lot, with the exception of any Specific As5CSSIDents described in Section I ( d) above, which shall be specific to the Lot being aasesacd. The =mt shall be made on a calendar year basis, collected monthly as provided in Section 3 below.

To effectWlte the foregoing, the Association shall levy the Annual Assessment composed of the following:

(a) Am:mal (lffll:Illl A"""""Wml. An Annual General Assemnent 10 provide and be used for the operation. management. maintenance, painting. repair and servicing ofche property, ,ervices and facilities related IO the use and enjoyment of the Common Area. including the payment of taxes and insurance on the Common Area and the cost of labor, equipment. materials. mm:agement and supervision thereof, :and all other general activities and expenses of the Association (including reserves for any and all of the foregoing) except exterior maintenance upon :any Lot.

(b) Exterior M1ialC[Jl[¥:C A!SCSVDC'D\ An Annual Exterior M:ainrenaocc Assessment 10

provide and be Wied for the exterior maintenance, repair, servicing. renewal, replacement a 1mprovemen1 of the exterior of each Lot. including reserves for any and all of the foregoing.

Section 3 MJwmu:m..&IIIII.IL."-IIC:lillllell. The 11mount of the Annulll Assessment, as determined in accordance with the foregoin& Section 2, shall be fixed by the Board of Directors al

least thiny (30} days in advaocc of each :annual IISSeSSf!lml period, which period shall be the calendar year. Written notice of the IISSeSSfOCOt shall be given to every Owner. The Armual A5sessment shllll be payable in equal monthly inst.ailments equal 10 one-twelfth ( J;J 2) of the Annual Assessment. The Board of Directors of the Association may in its own discretion amend the manner in which assessmmis are collected to quarterly. semi-annually, annually, or any other m111mcr as mlly be required to fit the needs of the Aaociation. If any Owner defaults in payment of any installment for a period of thiny (30) days. the Alllociation. al the option of ii Board of Directors, may declare the unpaid balance immediately due :and payable.

Until J :anuary ! of the year immediately following the recording of this Declaration, the Annual Assessment will no! exceed S 1,350.00.

dri:tft 9/17/99 13

OR BIC 09887 PG 1140

From and after January! of the year immediately following the conveyance of the fim Lot to an Owner, the maximum Annual Assessment may be increased each year not more than fifteen percent(! 50\'.) above the maximum assessment for the previous year without a vole of the membership.

From and after Jllluary I of the year immediately following the conveyance of the first Lot 10 lID Owner, the maximwn Annual Assessment may be increased above fifteen percent ( l 5%) by a vole of sixty-,c:ven percent (67'\i) of each class of members who arc voting in person or by proxy, al a meeting duly convened for this pwpor.c u provided in this Declaration.

The Board of Directors may fix the Annual Asacmncnt at an amounl 001 in cxceas of the maximum. ·,

Sa::tioo 4 Special t\sliCisromts for Capiml Improvements. In addition 10 the ArmuaJ Assessment, the Association may levy in any -ml yeac a special -ml applicable lo that year only for the purpose of defuaying, in whole or in pm, the cost of any construction, reconstruction, renewal, repair, or replacement of a capital improvement upon the Property or including related fixture. and pcnonal property, provided that any such l!S!iessmenl with respect to

the Property is approved by sixty-seven percent (67~;,,) of each chm of members who arc present in person or by proxy and voting al a meeting duly convened for such purpose, as provided in this Declaration.

SJ:ction..i Spa::ific Aucssmcnts. Any cos! or expense required lo be paid by an owner related solely lo such ov.ner or its Lot, and any and all otha accrued, liquidated indcbtednc:ss of any Owner to the Association Irising under any provision of this Declaration or any applicable Supplemental Declaration, including any indemnity contained herein, or by co111rac1 express or implied, or because of any act or omission of any ov,mer or of any Owner's family, hoUICbold members or invitees, aJ50 shall be assessed by the Association against such Owner's Lot after such owner fails 10 pay the same when due and such default continues for thirty (30) days after written notice.

Si:ci.ioo.6. LJnJ.lni[ID.Jl)'_tlLJU!i;ca1DCa1J. The Annual Assessment and any Special Aslessment for Capital lmprovemcnts shall be unifonn throughout the Property. All monies received from any Annual Exterior Maintenance Auasment shall be allocated by the Board of Directors lo separate budgetary accounts and may 1101 be used for any other purposes without the approval of 1ix1y-seven percent (67o/,) of the ov,ners who are present in per50n or by proxy and voting at a meeting duly convened for such purpose, a provided in this Declaration.

s«Iion..-1. ~- Notwithstanding the foregoing requirement of uniformity, or any other provision of this Declaration, or of the Association's Articles of Incorporation or By-Laws, 10 the contrary, the Declarant shall be excused from the payment of its ~hare of operating expenses and A.sseaments during the Class •s • Control Period, provided that Decla:nant shall pay any operating expcmes incurred by the Aasociation that exceed the assessments receivable from other Owners and othcc income of the Asaociation. Upon transfer of tide of 11

Declarant-owned Lot other than for purposes of development, such Lot shall be aS8Cll.5ed in the

14

OR BK 09887 PG 1141

applicable amount established agai111t Lots owned by the Cius .. A., members of the Association, prorated as of, and commencing with the month following the date of tranSfer of title. Notwithstanding the foregoing. those loll from which Declarant derives any rental income, or holds an interest llll Mortgagee or contract seller, shall be usessed at the same amount from time lo time established for similar Lots owned by Clasi "A" members of the Auociation, prorated u of; and commencing with. the month following the execution of the rental agreement or Mortgage, or the contract purchaser'i entry into posaea1ion, as the cue may be.

Socrioo 8 Corn~! o(Aormal AS$1$wmt The Annual Auesrment commences n to all Loll on the first day of the month following the recording of the transfer of title by Declarant of the first Lot 10 un owner other than Declmmt. The first Annual Asleument against any Lot sball be pn;ra,ed according 10 !he number of month• then remaining in the calendar year. Regudlcsa of when the Annual A.sseumcnt commences as lo any Lot. such Lot shall be deemed "subject to assessment" within the provisiona of this Declaration, the A.£sociarion's Articles oflncorporation !!Dd By-Laws, from and after the date this Declaration bas been Recorded. Upon demand. and for a reaaonable charge, the Auociation shall furnish !o any interested Person a certificate signed by !Ill officer of the Association setting forth whether the Annual Alseasment against a specific Lot bas been paid and, if not. its unpaid balance. A properly executed certificate of the Auociation as 10 the starus of asseuments on a Lot is binding upon the Association as of the date of its issuance.

Section 9. Lien for Acse;uroc:DI Upon recording of a notice oflien on any Lot, there shall exist a per-fccted lien for unpaid asseuments, together with interest and all coats and expenses of collection, including reasonable attomey1' fees for negotiation. trial and appellate representation, which lien shall be prior 111d superior to all other liens, except ( i) all taxes, bonds, assewnents, and other levies which by law would be superior thereto, (ii) the lien or c1w&e of any First Mongage of record (meaning any recorded Mongage with first priority over other Mortgages) made in good fmth and for value and (iii) any lien permitted pursuant lo the Master Declaration.

Sc:.tionJ.O. R.cJJKdi.c:I..Jlf..11:IC...IWl.lci.aliloo- Any assessmcm nol paid within thirty (30) days after its due date bears interest Ill the raic of eighteen percent ( I g•;.) per annum; provided, however, in no even! shall this interest ralc exceed the maximum allowable by law. The Association may bring an action at law against the Owner personally obligated IO pay the same, or foreclo:,e its lien against such Owner's Lot. No Owner may waive or otherwillC escape liability for the Auociation's assessme111s by 11011 use of the Common Area or by abmdonment of such Owner's Lot A suit lo recover a money judgment for unpaid ~mil! may be maintained without foreclosing, waiving or otherwise impairing the security of the Association's lien, or its pnority.

Section l J ECll:cciasw:J:. The lien for= aaesscd pun;uant to this Article may be enforced by judicial foreclosllll: by the Association in the same manner in which mortgages 011 real property from time 10 time may be foreclosed in the State of Florida. In any such foreclolUJ'C, the Owner is required 10 pay all costs and expense, of foreclosure. including rcuonable attorneys' fees for negotiation, trial and appellate representation. All such cost and expense11 are secured by the lien foreclosed. The Owner a!,o is required 10 pay 10 the Association any -ncnts against the Lot that become due dunng the period of foreclosure, wruch al10 are !ICCured by the lien foreclosed and shall be accounted and paid n of the date the Owner's title is divested by foreclosure. The ASIIOCiation

15

OR BK 09887 PG 1142

bas the right and power to bid a1 the foreclosure or other legal sale 10 acquire the Lot foreclosed, or to acquire such Lot by deed or other proceeding in lieu of foreclosure, and thereafter to bold, convey, lease. rmt, c:ncwnbcr, use and otherwise deal with such Lot as its owner for purposes of resale only. During the period in which a Lot is owned by the ASIIOCiation following foreclosure: ( a) 110 right to vole shall be exercised 011 ill behalf; (b) no assemncr11 shall be levied 011 it; and ( c) each other Lot shall be charged. in ita addition to its U1Ual usesament. ita pro-rata share of the IWCS!lmC!ll that would have been charged !o such Lot had ii no! been acquired by the Association as a result of forecloaure. If any foreclosure sale results in II deficiency, the Court having jurisdiction of the foreclosure may enter II pcrt0nal judgment against the owner for 1uch deficiency.

.. So;;tjon I 2. Hrn:nemi:a:!s By acceptance of a deed thereto, the Owner of each Lot is deemed 10 acknowledge conclusively that the Annual A.uessmcnt established by this Article is for the improving and maintenance of any homestead thereon and that the As9ociation's lien has priority over any such homestead u provided in Article X. Section 4 of the Constitution of the Sllltc of Florida. or my successor provision.

Sc;:rianJ,J, Subordination oft icn. The lien for the IWCS!lmCl!IS provide in this Article is subordinate !o the lien of any First Mortgage and any IWCS!lmel'l! lien arising pllrllllll1t !o the Master Declaration. Sale or tramfer of any Loi does 1101 affect the assessment lien. except that the sale or tramfer of any Lot pursuant lo foreclosure of my First Mortgage, or any proceeding in lieu thereof, extinguiahes the IWCS!lmenl lien as to payments that become due prior lo such sale or transfer. No such sale or transfer relieves auch Lot from liability for assessments thereafter becoming due or from the lien then:o( The Anociation ,ball report 10 any encwnbrmcer of a Lot any usessmmts remaining unpaid for more tlwt thirty (30) dlys and shall give such encumbrancer thirty (30) days in which lo cure such delinquency before instituting foreclosure proceedings againat the Lot; provided such encumbrancer first shall fumi&h the Association with written notice of the encumbrance, deaignating the Lot encwnbercd by a proper legal deacription and stating the address to which notices shaJI be given. Any encumbrancer holding a lien on a Lot may pay but is 1101 required to pay, any amoools Set:urcd by the lien created by this Article; and, upon such payment, sucb encumbrancer shall be subrogated 10 all rights of the Association with respect lo! such lien. including priority.

ARTICLE VI ARCHITECTI RA! CONTROi

S.o:.tion._l. Architccmral C'omrot Committi:s:. The Board of Directors shall appoint ru, a standing committee an Architectural Control Committee. composed of three (3) or more pc:1110ll5

appointed by the Board. or, in the Board's discretion. the Board from time 10 time may co!lltitute itself the Architectural Control Committee. No member of the Committee shall be entitled 10 compensation fur IICl"Vices performed; but the Board may employ ioocpendent professional advisors to the Committee and allow reasonable compensation lo such advisors from Alsociation fimds. Committee members need no! be owners.

16

OR BK 09887 PG 1143

Sc:ction -· Committee Aalhority. The Committee has full authority 10 regulate the use and appearance of the exterior of the Property to: (i) assure harmony of extemal design and location in relation 10 surrounding buildings and topography; ood (ii) 10 protect and oomave !he value Ind desirability of the Property as a residential eomrmmity. The power to regulate includes the power to prohibit those exterior uses or activities ineonaillmt with the provi,iona of this Dcclantion or my Supplemental Declaration or contrary to the best intere515 of other Owners in maintaining the value m:I desirability of the Property as a residential community. The Committee may adopt, promulgate, rescind, uneod and revise reasonable rules ll!ld rcgulationa in cormection with the foregoing; provided, however, such rules and regulatiom arc: (i) comistent with the provisiom of this Decla:ration and any applicable Supplemental Dccl.ation; and, (ii) if the Board bu 001 eonstituted itself• the Committee, approved by the Board prior IO t&lcing effect. Violatiom of the Committee's rules and regulations shall be enforced by the Board in the name of the Association. Notwithsumd:ing the foregoing, any architectural control review required by the Muter Declaration shall be undertaken by the Owner in eonnection with any improvements and approval of any action by the Committee hereunder shall not be deemed approval under !he Master Declaration.

Soction 3 Committee Approval. No changes, alternations, additions, reconstruction, anachments or color change of any nature, including fencing, may be made 10 the exterior of any Lot, including that portion of any Lot no! actually occupied by its improvements, excq>t for replacement of items installed by Declarant as part of the Work; unless approved by the Architectural Control Committee. The Committee's approval is nol required for any ch.111gcs, alterations or additiont within an enclosed yard, fully enclosed rear entry patio, or entry area and screened from view; provided, however, any ttees or shrubs capable of attaining a height in excess of the walls, fencing or shrubbery u the case may be. 1101 inttalled by Docllll'Ult as part of the Wo,t, arc subject lo Committee approval. No Owner may undcrtllke any exterior maintenance of his Lot that is the duty of the Association, as provided by this Declaration, without the Committee"s prior approval. No exterior door or glasa surface may be repla:od by any Owner without the Committee's prior approval unless the replacement is identical 10 that utilized by Declarant as part of the Work. ~othing may be kepi. placed. stored or maintained upon the exterior of any Lot, including any portion of any Lot no! enclOICd by its improvements thereon without the Committee's prior approval anless ii is within an enclosed yard, fully enclosed re:ir entry patio, or entry area and =ed from view. Notwithstanding any provision of this Declaration to the eontrary, the Committee's approval is no! required for my structure, use or activity cxprculy permitted by the Committee's promulgated rules and regulations.

Sa::ticn..;1. Procedure All applications 10 the Committee for approval of any structure. use. activity, alteration, addition or color change required by the pn::ceding KCtion must be accomplllicd by detailed pllllll and specifications showing its oorure. lcind, shape, height, materials, location. color, 3.pproximale cost and estimated maintenance cost, together with such other drawings., documentation, models and infurmation u the Committee reuonably may require. If the Committee does no! approve or disapprove any application within the thirty (30) days after receipt, the Committee's approval will be deemed given. In all other events the Committee's approval must be in writing. lfno application has been made 10 the Committee, an appropriate proceeding may be inst11uted at any time to enjoin or remove any structure, I.IK\ activity, alteration, addition or color change in violation of the prohibitions contained in lhe preceding section of this Article. The

17

OR BK 09887 PG 1144

Auociation or any Owner additionally may resort immcdia1ely to any other lawful remedy for such violation. The Committee mlly deny any application upon the ground that the proposed structure, use, activity, alteration, addition, or attachment will create l!!! unreasonable maintenance burden llJ>Oll the Association or, such being the case, may condition its approval upon the Owner's assuming responsibility for its repair, maintenance and replacement. The Committee additionally may condition the approval of any application upon the owners providing =nable security that the contemplated work will be completed substantially in accordance with the plans and specifications submitted lo the Committee. At the request of any owner, the Association from time 10 time will iaue without charge a written certification that the improvement and other exterior item, sinwed upon such Owners Lot have been approved by the Committee, if such is the case. The Committee from .lime lo time may adopt, promulgate, rescind, amend and review rules and regulations

' governing procedure in all m!l!ters within ill jurisdiction. If the Board of Directors does not constitute itself the Architectural Control Committee, then provision must be made for review by the Board of decisions of the Architectural Control Committee, or any mbconmiittee, a! the mqueat of the affected Owner, subject to such reasonable limitations and procedures u the Board deems <ldviable. The Board ofDinctors, or Architectural Control Committee., may appoint one or more pa:90111 to make preliminary review of all applications lo the Committee and report such applications !o the Committee with such person's m:ommcndation for Committee action thereon. Such preliminary review 5hall be subject 10 such regulations and limitation, u the Board of Directors or the Architectural Control Committee deems advisable. In all evenu, the Association's procedures for review and enforcement of the architectural control provisions of this Declaration al all times shall provide any affected ovma with reasonable prior notice and a reasonable opportw1ity to be heard in person and by a representative of such Owners choosing.

Section 5 St1ID<l!m:ls All actions by the Board of Directors or Architectural Control Committee with respect lo architectural control shall: (i) assure hannony of external design, materials, and location in rellllion lo surrounding buildings and topography within the Property; and ( ii) protect and ccru;crvc the value and desirability of the Property u a residential community; and (iii) be consistent with the provision, of this Declaration; (iv) be in the best interests of all Owners m maintaining the value and desirability of the Property :ill! a residential community; and (v) shall be in accordance with the Design Guidelines adopted for W estpark Village.

Section 6 Dcclaraol Con1C111. So long u Declanmt is ii Cius "B" Member of the Association, all actions of the Architectural Control Committee mquirc Declarant'1 written approval.

ARTICLE VII PA.RD WAI IS, ROOFS, AND lffll ID CONNECTIONS

Scc.tinn...L . Each wall or fence built as a part of the Won upon the Property and placed on the dividing line between Lots., l!!!d the roofs between Lots for each cownhousc unit arc considered lo be a party wall, fence or roof; and, to the cxlcnl no! inconsistent with the provision, of this Article, the gcoa:al rules oflaw regarding party walls and liability for property damage caused by negligence or willful ac!ll or commill!ion.<1 apply 10 the ownership, maintenance and use of such walls, fences and roofs.

18

OR me 09887 PG 1145

Sa::tian.2.. Sbarin& of Repair and M1intcn1ncc The co!rt of reuonable repair. maintenance and replacement of a party wall, shall be shared by the Owners who make use of the wall in proportion 10 such use.

Sa:tion 3. Desnictioo by Eire or O!hef ulil•all,):. If a party wall, fence or roof is destroyed or damaged by fire or other cuualty and is 001 covered by insurance, any Owner who ha.s used the wall. fence or roof may restore, it; and, if other Owners thereafter make use of the wall, fence or roof, they ihall contribute to the cos! of restoration in proportion to their use, all without prejudice 10 the right of any such Owner to call for larger contribution from the others under any rule oflaw regarding liability for negligence or willful llCts or omission&.

Sa:tion 4. Weatbnproofing. Notwithstanding any other provision of this Article, an Owner who by his negligence or willful set causes any party wall, fence or roof 10 be exposed 10 the elements, or 10 infestation by termites or other injurio1111 agencies, shall bear the whole cost of furnishing the necC$SaJ)' protection again,t such clements or agencies and of repairing all resulting damage.

Section ◄ Right 10 Contcih111ian Roos with I and The right of any Owner 10 contribution from any other Owner Wider this Article is appurtenant lo the Lot affected and shall ii- 10 and birxl each such owner's successor11 in title.

ARTICLE VIII OPERATION AND EXTENSION

Section I Effi:ct Lpon PJ1uo:I ~- From and after the date this Declaration is Recorded, all of the Property shall be held, sold and conveyed subject 10 the provisions of this Declaration. which are for the purpose of protecting the value and desirability of. and which shall run with. the Property and be binding upon all parties having any right, title or interest therein, or any part thereof, their rCl\'.>Cetivc heirs. successors, and assigns. and shall inure !o the benefit of the Assoc1a1ion and =h owner.

Section * Supplcmcms. The extension of the provisions of this Declaration to any lands other than the Property requires the Association', approval. Any such extension shall be approved by sixty-seven percent (671/•) of the Class• A" Members of the Auociation pr=t in person or by proxy voling at a meeting duly convened for such purpose u provided in this Declaration. Such Supplement shall become effective upon recording a Supplement !o this Declaration, executed by the Association and the Owners of all inlercsts in the lands to which me provisions of this Dec lantion Jlle extended. Notwithstanding the above, Declarmt may subject additional property located in West Park to this Declaration in its sole discretion, without the approval of Class .. A .. members within five (5) years of recording of this Dcclin1ion. by the recording of a Supplement in the Public Records of Hilisborough County.

ARTICLE IX

19

OR me 09887 PG 1146

Section I. !nsnranc,:. Insurance, other than title iIIIW'1lllce, which shall be carried u on the Common Area shall be covered by the following provisiollll.

(a) Audmrity to Purr;b•sc All insurance policies shall be purchased by the Aaociation for the benefit of the Association. II shall not be the re,po111ibility or the duty of the Auociatioo IO obtain insurance coverage upon the pcnonal liability, personal dwelling unit, personal property or living expenses of any Owner but the 01.11ncr may obtain 111ch insunnce a! his own expense.

(b) Covcaac

(i) Public Liability . In such miouolll and such coverage as may be required by the Board of Directors of the A1,oci atioo.

(ii)~ Policy. To meet the requirements of Law.

(iii) Otha. Such other imurance as the Board of Director.s of the Association shall detennine from time lo time 10 be desirable.

(c) Premiums. Premiwns for the described insurance shall be a common expense. collected from Owners as part of the Annual Genera.I Assessment. Premiums shall be paid by the Association.

( d) Proc«ds All insurmce policies purchued by the Association shall be for the benefit of the A.aociation and its mongagces a, their interests may appear, and shall provide !hal all proceeds covering property losses shall be paid 10 the Association.

(e) Di51ohution of Proceeds. Proceeds of insurance policies received by the Association shall be distributed and u.sed by the Association as the Board of Directors may determine.

Section •. Insurance on Lots. Eich Owner of a Lot shall obtain insurance coverage upon 1hc Lot insuring the dwelling unit located thereon in m miouol equal 10 the maximum in,urable replacement value, excluding foundation and excavation costs. Such coverage shall afford protection against:

(a) Loss or damage by fire, bwricane, tornado windstorm, and other hazards covered by a standard extended coverage endorsement, and

(b) Such olher risks as from time to time shall be customarily covered with respect lo buildings similar in construction location and wre as the buildings on the land, including but not limited to vandalism and malicious mischief.

The ~er shall furnish proof of such insurance 10 the Association al the time of purchase of a Lot and shall furnish proof of renewal of 1uch insurance on each mniversary date thereof If

dntf'.t: 9/11/99 20

OR BK 09887 PG 1147

an owner shall fail !O provide such insurance the Association may obtain i.uch insurance and shall assess the Owner for the cos! of same in accordance with thi, Declaration.

ARTICLEX CONVEYANCES, I EASES AND TRANSFERS

In order 10 inaure II community of congenial residents and occupants of the Lots md lo protect the value of the Lots and further continuous harmonious development of the Property. the sale, I.easing and other transfer of a Lot by any Owner other than the Declarant shall be subject lo the following provisions:

Section l Conveyance;. Sales 11nd Tonsfm Prior lo any ale, conveyance or other tmwfer ( excluding transfer 10 a relative in the even! of death of an Owner, judicial sale. or !cues, each of which are treated hereafter) the owner shall notify the Association in writing of the name and addreu of the Penon 10 whom the proposed sale, conveyance or other tranafer is 10 be made and furnish a copy of the proposed contract toeetber with such other information u may be required by the Association. Within ten ( I 0) days from receipt of such notice, the Asaociation shall either approve or disapprove the proposed transaction, in writing, and llhall notify the owner of its decision. In the event that the Association lball fail 10 approve or di511pprove the proposed transaction within ten ( I 0) days from its receipt of notice the tranuction shall be deemed approved. If the sale is disapproved, the Association shall provide lo the Owner an alternative buyer. who shall deliver lo O\•,mer, with the notice of disapproval, an executed contract 011 the same 1erms ;and conditions u contained in the original notice of the tnnsferring Owner. If the Association fails to deliver an alternative buyer within such ten ( IO) day period. the original lraniaction shall be deemed approved. Neither the Anociation nor any other owner shall have a right of first refusal lo purchase any Lot.

A certificate of the Sc:cretary of the Association stating the Aslociation has approved the sale of the Lot shall be conclusive evidence 5Ucb fact. and upon request. the Association shall execute, acknowledge and deliver such certificate lo the transferring owner in recordable fonn.

Scccioo 2. Iaosfcr io the cvcoc ofdc,ath If the transfer 111 a spouse. child or sibling of m Owner of a Lot has occurred by opention oflaw u the result of the dClllh of the Owner, oo approval from the Auociation or application fee shall be required for such transfer.

St:,:1ion 1. Judicial Sale. No judicial sale of a Lot or any interest therein shall be valid unless:

(a} The sale is 10 a purchaser approved by the Association, which approval shall be in recordable form; or

(b) The sale 1s a result of a public sale with open bidding, held pursuant lo an order of a court of competent jurisdiction.

draft 9/lf/99- 21

OR BfC 09887 PG 1148

Sa:tion 4, Lnauthoriud Sale Vaid. Any sale, or other transfer no! authorized pursuant lo this Article shall be void, unlesa subsequently approved by the Association.

Sa::1ioo 5 Ai,w;i;moo !:kid Harmless The Atsociation and its agents or employeca, 1ball no! be liable 10 any person wbolDIOCver for !he approving or disapproving of any person pursuant to this Article, or for the method or mllmler of conducting the investigation. The Auociation and its agents or employees lhall 1101 be required 10 specify any reason for digpproval.

Sa:rinn 6 Appliration Fee. The Asaociation may charge a reasonable fee for the review of any application for a u.le, or transfer, in m amount which may be established from time lo time by the A.s50Ciarion and which shall be related solely 10 the cost of reviewing such application. No charge shall be made in connection with the extenaion or renewal of an existing lease 10 the same lessee.

Section 7 Cooveyancc By Do;;laram Monaa&a: or Westbrook W.c:stcbaac I P. The provision, of this Article shall 001 apply 10 any we or transfer of a Lot by:

(1) the Declanmt;

(b) a transfer 10 or purchase by a Mortgagee, and/or its assignee or nominee, th.at acquires its tille as a result of owning a mortgage upon !he Lot concerned. whether the title is acquired by deed from the mortgagor. mortgagor's successor or uaigns, or through foreclosure proceedings;

(c) by Westbrook Westchase L.P.

In all such eveots, the Dcclarant, Mortgagee, and/or its assignee or nominee shall be allowed 10 freely sell or lease its Lot without the necessity of approval by the Association or the payment of any application fees.

ARTICLE XI

Sa:.liwl..L I nforcancnt. The Auociation, or any Owner, has the right 10 enforce, by any appropriate proceeding a! law or in equity, a.II restrictions, conditions, covenants, easements, reservations. liens and charges now or hereafter imposed by, or ptm1WU1t to, the provisions of this Doclaration or any Supplemental Declaration or both. The party enforcing the same additionally has the ngb1 !o recover all costs and expenses incurred, including reasonable 11tomeys' fccs for all negotiation, and trial and co appellltle proceedings, if any. If the Association enforces the provisions ofthi5 Declaration against any Owner, the costs and expenses of such enforcement, including such reasonable attorneys' fees, may be IACSSed against such Owner's Lot. as provided in this Declaration. Failw-e by the Association or by any Owner lo enforce any coveruml or restriction contained herein shall 001 be deemed a waiver of the right to do sol!! any time. If these restrictions :ire enforced by any 0\11,T!Cf or class <>fOwnen, such Owner or Ownen may be reimbursed by the Association for all or any part of the costs and expenses incurred, including reasonable attorneys· fees, in the discretion of the Board of Directors.

22

OR BK 09887 PG 1149

Sa:tion • Provisions run with the I and The provisions of this Declaration shall run with and bind the Property and all other lands lo which it is extended as provided herein, and shall inure 10 the benefit of and be enforceable by the Asaociation or any Owner, their respective heirs, successors and usigna, witil the fiftieth (50th) anniversary of the date hereof. whereupon they automatically shall be extended for succeuive periods often (10) years each; provided, however, if in the sole event the foregoing is construed by a Coun of competent jwisdiction to render the provisions of this Declaration unenforceable after RJch fiftieth (50th) anniversary date, then, in such even! only, the provisions of this Declaration shall run with and bind all lands oow or hereafter subject lo its provisions for a period of ninety-nine (99) years from the date this Declaration is recorded, whereupon it shall cease and expire and be without further legal force and effect unless prior rpereto a majority of the members present in person or by proxy and voting at a meeting duly convened for such purpose elect lo reimpose its provisions.

Scx;tioo 3 Meeting Rcq11iremeD1 Wherever any provision of this Declaration requires any action lo be approved by the membership at II meeting duly convened for such purpoae, written notice of such meeting milSI be given lo all memben 1101 lea than fifteen ( 15) days, nor more than thirty (30) days, in advance of such meeting. setting forth its purpose. Notice of such meeting shall also be posted in a conspicuoua place 48 at least 48 hollI1 in advance of the meeting. At such meeting, the presence of memben or proxies entitled to casl a1 !cut thirty-three per cent (33%) of the voles of each clua of membc:rship coflltitutes a quorum, if the action must be approved by both classes of membership, or of the Clua • A" Memben, if ii m11S! be approved by the Clan • A" Members only. or of the affected Owners, ifit milSI be approved by the affected Ownc:n only. lftbe required quorum is not forthcoming. another meeting may be called subject !o the same notice requirement; and the required quorum at any such RJbsequent meeting will be reduced 10 one-half I 1,2) of the required quorum al the preceding meeting. No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting.

Section 4 FHA,'.',' A Appna:aJ. As long as there is a Class "B" membership !he following actions may require the approval of the Federal Houaing Administration and or the Veterans Administration (provided that such agency has in1ured or guaranteed any mortgages encumbering any Lot or Lots): any merger or consolidation of the AS50Ciation or the dissolution of the Association; any mortgaging. gje or dedication of any Common Area; any annexation of additional properties; and any amendment ofthi1 Declaration, the Articles or the By-Lawll.

So;1ia0 5 S0crahility. Invalidation of any particular provision of thi1 Declaration. or any Supplemental Declaration, by judgment or court order shall 1101 affect any other provision. all of which shall remain in full force and effect.

ARTICLE XII AMEfilMENIS

Section I. Prior 10 the conveyance of the first Lot lo im Owner other than Declanmt, Dec!annt and the Association may wiilateraily aniend this Declaration. After such conveyance. Declaranr may unilaterally mncnd this Declaration a! any time and from time 10 time if such amendment is (1) necessary 10 bring any provision hereof into compliance with any applicable

23

OR BK 09887 PG 1150

governmental statutes, rule or regulation, or judicial detennination; (b) necessary ro enable any reputable title insurance company 10 issue title insurance coverage on the Lot; (c) required by an institutional or governmental lender or purchaser of mortgage loans, including, for example, the Federal National Mortgage Association, Fedenl Home Loan Mortgage Corporation, the Veterans Adrniniatration, or the Department of Housing and Urban Development, lo enable such lender or pW'tl:wer to make or purchaae mortpae lomw on the Lot; (d) occeaary to enable my govemmenw agency or reputable title iIIIUl'IDCe company to imure mortgage IOIIDI on the Lot; or (c) required by the Southwest Florida W /IJ.i::r Management District; provided, however, any such amendment ,hall nol advmiely affect the title IO any Lot unleas the Owner shall consent thereto in writing. Until the expiration of the Cius "B" Control Period, Declarant may unilaterally amend this Declaration for any o!her purpose, provided the amendment bas no mll.erial adverse effect upon any right of any Owner, in which event the joinder of the affected owner(s) is required.

Section , Thereafter and otbcnvise, this Declaration maybe amended only by the affirmative vole or written consent, or any combination thereof, of voting mi::rnben representing sixty-seven percent (67~1,) of the total Clasa .. A .. Members in the A.Slociation, and the conllffll of the Class •a• Member, so long as such membership exislS. Notwithatanding the above, the percentage of votes necessary !o amend a specific clause shall not be less than !he prescribed percentage of affinnative voles required for action to be taken under that clause. Any amendment 10 be effective mus:! be recorded in the public recon:la of Hillsborough County, Florida and shall contain a certificate of the Aaociation that the requisite approval has been obtained. No amendment may affect the operation of the Surface WIIJ.er Management System without prior approval from the Southwest Florida Water Management District.

Section 3. If an Owner consents 10 any amendment lo this Declaration or the By-Laws, ii will be conclusively preswned that such Owner hu the authority to consen! and 110 contrary provision in any mortgage or contract between the Owner and a third party will affect the validity of such amendment.

Scction..;l. No amendment may remove, rcvolce. or modify any right or privilege ofDeclarant without the written consent of Declarant or the assignee of i.uch right or privilege.

ARTICLEXII1 D.ECI ARANT'S RJC,HTS

Any or all of the special rights and obligations of Declarant set forth in Ibis Declaration or the By-Laws may be transferred lo o!her persons or entities, provided that the transfer shall no! reduce an obligation or enlarge a right beyond that conwned herein or in the By-Laws, as applicable, and provided further 110 such tranafer shall be effective unlea it is in a written instrument signed by Declanuu and duly recorded in the public records of Hillsborough County, Florida.

Notwithstanding any provisions contained in this Declaration lo the contrary. so tong a;;

construction of 1mprovement1 lo and sale of Lots by Declarant (or its assignee) shall continue, ii shall be expressly permissible for Declarant 10 maintain and carry oil upon portions of the Property

OR BK 09887 PG 1151

such facilines and activities u, in the sole opinion of Declarant, may be reasonably required, convenient. or incidental 10 the construction or ule of such Lots, including, but 1101 limited to, business offices, signs, model units, and sales offices, and Declannt shall have an casement for access IO and use of such facilities. The right 10 maintain and carry on such facilities and activitics shall include specifically, without limitation. the right lo use Lots owned by Declarant as models aod 1111les offices, respectively.

So long as Declarant continues 10 have rights under this Article, no person shall record any declaration of covenants, conditions, and restrictions or declaration of condominiwn or simila:r instrument affecting any portion of the Property without Dcclarant's review and written consent thereto, and any attempted rccord.ation without compliance herewith shall result in such declaration of covenants, conditions, and rc1trictions or declaration of condominium or similar instrument being void and of no force and effect unless subsequently approved by recorded consc111 signed by Declarant.

This Article may 1101 be amended without the express written consent of Declarant.

Any and all of the special rights Kid obligations ofDeclarant sci forth in this Declaration or the By-Laws shall terminate in the event Declarant substantially ceases construction upon the Property. Declarant will be deemed to have substantially ceased construction upon the Property when Westbrook Westchue LP., its ,11cccsson or auigns, files an affidavit in the public recon:15 statmg that Declarant has substantially ceased comtruction upon the Property. This properly recorded affidavit may be relied upon by third parties without further inquiry.

ARTICLE XIV Sf.EClA.l...R.lOE HOI DERS, lNSLRERS OR

GJ.ARANTORS OF FIRST MORTGAGES

Section I Notice. Any bolder, insurer or guarantor of a First Mortgage has the following nghts in connection with the Property llS said entity's interest may appear:

(a)~- Upon written request 10 the Association identifying the 11ame and address of the holder, insurer or guarantor and the Loi number and addrul, any such mortgage holder, insurer or guarantor will be entitled 10 timely wrinen notice of (i) any condemnation lou or any cuualty loss which affects a material portion of the Property or any lot upon which a Fir.st Mortgage is held, insw-cd or guaranteed by such mortgage bolder, insllTCr or guarantor as applicable; (ii) any delinquency in the payment of assessments or charges owed by :m Owner of a Lot subject to Fir.st Mortgage held, insured or guaranteed by such holder, insurer or glW'!Ultor wtuch remains uncured for a penod of s1x1y (60) days; (iii) any lapse, cllrtcellation or material modification of any insurance policy or fidelity bond

25

OR BIC 09887 PG 1152

mainlllined by the Auociatioo; (iv) any proposed action which would require lhe consent of a specified percentage of eligible mortgage holders as may be specified in this Declaration.

(b) During norm.al business hoUB and upon reasonable notice and in a rcmooable manner. such eligible mortgage bolder, inawcn or guarantors shall be afforded the right IO inspect the boob, records and papers of the Asaociation including the Declaration. Articles and By-Laws, aod upon written request 10 the secmary of the Asaociation !o receive copies of the annual financial statementa of the Auociation. The Auociation may make a reasonable charge to defray its costs incurred in complying with this section .

. So;tioo 2 Elia;ihlc Holda Insurer or Gua[Jl]Jor Defined. For purposes of this Declaration an eligible holder, ill!IUJ"Cr or guanntor me;ms a bolder, insurer or guarantor of a First Mortgage on a Lot who has requested notice in writing 10 the Association of any matter, which notice shall state the mime and address of such holder, insun:r or guarantor and the Lot number involved. Included hereunder are the Federal National Mortgage AMociation (FNMA) , the Government National Mortgage AS50Ciation (GNMA), the Federal Home Loan Mortgage Corporation (FHLMC), and FHA and VA, and any Mortgagee u defined in Article I Section 11 of thia Declaration.

ARTICLE XV

Sa:tion L Westbrook Westchase LP. is the overall developer of Wcstpart and has additional properties 10 be developed that will be adjacent lo the Property. As such. Westbrook Wcstchase LP. has a vested interest in seeing !hat the development of the Property is successful and that the Property is maintained according to Community-Wide St.mduus (as defined in the Master Declaration). Consequently, Declarant agrees 10 provide certain rights to Westbrook Westchale LP. hereafter sci forth.

Section 2 ·mis Declaration shall 1101 be applied 10 the Westbrook Westchase LP. many manner so as to deny tlte Westbrook Wcstchase LP. the same righ!4 and privileges given 10 any other member of the Association. or lo deny Westbrook Wcstchase LP. or the Declarant under the '.'v1as!er Restrictions any rights and privileges granted under the terms of the Master Restrictions.

SccliJ:in..l. Any lle\V improvemcnta co111tructed on the Property owned by Westbrook Wcstchue LP. and lltlbmitted to the Decllrlltion by Westbrook Westcbase LP., shall 001 be wbjcct to review by any committee or board of the Association so long as architectural desigm, plans and ,pocifica:tions of the new improvementa are reasonably compatible with existing improvements in the Property.

Section 4 For a period of lO yean after July 2 ! , I 998, no ov.-ner of any portion of the Property, nor its suocesson1, succcsaors-in-titlc, or assigns, shall seelc 10 obtain any zoning change, land use change, modification, variance, or special exception for the Property without the prior written consent of Westbrook Westchase LP.

Sa:tioo 5 This Declaration. the Articles and t11e Bylaws may no! be amended or modified

26

OR BK 09887 PG 1153

in any manner, oo long 115 Westbrook Westchase LP. o,11ru: any of the real property within Westchase Section 325A, without the joinder and COllSell! of Westbrook Westch.ue LP.

So:tioa 6. Rights granted 10 We1tbrook Westchue LP. in this Anicle and in this Dcd.-arion may be assigned by Westbrook Westclwe LP. only in either of the following circwnstances (a) if Dec!arant bu substantially cc:ued construction on the Property 115 documented by the affidavit described in Article xm. or (b) 10 any Person wbo has aRUllcd the role of overall developer of the Westclwe community from Westhroolc Wes1chase LP. The -ignment of rights by Westbrook Westchue LP. will not be effective until l!n assignment of such rights has been recorded in the public records of Hillsborough County, Florida. Upon such recording. the assignee of Westbrook Westchase LP. will have the !lllfflC rights in this Article and Declaration u Westbrook Westcha.5e LP.'

Section 7. Westbrook We1tchase LP., its successors, assigns, or nominee will be docmed the "successor'' Declarant under this Declaration when Westbrook Westchase LP., its successors or a.ssigns, files an affidavit in the public records stating that it,. or its nominee, hu succeeded to the position of Declarant. This properly recorded affidavit may be relied on by third parties wichout further inquiry.

The successor Declarant will succeed 10 all the rights and privileges of the Declannt under this Declaration, except that Declarant,. IH Suncout Homes, Inc., will also have the rights of a Declarant granted in Article H Sections l I, Article X. and Article XIII, and exercise such rights in a manner consistent with the sole puipoae of completing construction of improvements on Lot.1 o.,.,ned by ir, until such time as Westbrook Westclme LP., its successors or assigns, files an affidavit m the public records stating the Dcc!anmt has substantially ceased construction on the Property.

ARTICLE XVI USE..O.E.LQIS

(a} Anl.Cll.DAS. No television or radio ma.sts. towers, poles. antennas, aerials or appurtenances shall be erected, consauctcd, maintained or allowed to remain on any Lot in such a manner as to be visible from the exterior of such Lot if a ml!S!u television and radio antenna system or cable system is available or becomes available lo such Lot. Microwave antennas for television reception having a diameter nol greater than eighteen (18) inches arc permitted. provided that they arc completely 9Cfecned from view and cnn 1101 be seen from outside the Lot, and are approved by the Architectural Committee.

(b) l.uld.llsc and Ruildioe I'AJe. No Lot shall be used except 115 permitted by the zoning for the Property.

( c) Nuisances. No noxious or offCD5ive activity shall be carried on upon any Lot, nor shall mything be done thereon which may be or may become an annoyance or nuisance !o the neighborhood.

27

OR BK 09887 PG 1154

( d) Icmpoacy Srruc1urc,. Oulhuildinea, t, Uilcric Equipment No temporary structure, storage shed, bask.dball goal. baseball or tennis pitching machines, nets or batting cages, !railer, tent. shack. mobile borne, boat or recreational vehicle shall be permitted on any Lor at any time, or used on any Lot at any time u a residence either temporarily or pennmmtly, except as permitted by Section 11 of this Article. With the exception ofbousehold barbecue grills containing propme tmks, no gas tank, gas container or gu cylinder mall be permitted 10 be placed on or about the outside of any rcaidcntial structum; built oo the Property or any ancillary buildings, and except for household barbecue grills containine propme lankll, all gas tanb, g11 containers mid gas cylinders shall be imtalled undc2'ground in every in-ltance where gas is ll.1ed. In the alternative, gas containers may be placed above ground if cncloeod on all sides by a dccomive wall approved by the Architectural Control Committee rcfem:d 10 in Anicle VI hereof

(e) Damage 10 Buildings. In the evm1 a dwelling unit located on a Lot is damaged, through m act of God or other casualty, the Lot Owner upon which the dwelling unit is located shall promptly Cllt!Se hi, dwelling unit lo be repaired and rebuilt substantially in accordance with the original architectural plans and specifications. II shall be the duly of the Association 10

enforce this provision so that each Lot Owner complies with this rcspomibility IO repe.ir and rebuild. To accomplish the requirements of this Section, each Owner shall insure his dwelling unit al the highe,t insU111ble value.

(f} Cornmm;iaJ Tn1ek1 Tuilca. Campca mJ Boatt. No trucks in o:cess of three-quarters ( 3/ 4) ton. vehicles containing commercial lettering, vehicles including vans used for commercial purposes, campcn, mobile homes, mo!or homes, boau, house trailers, boat trailers, or trailers of every other description shall be pennitted 10 be parked or 10 be stored al any place on any Lot, except only during the periods of approved construction on said Lot, and except that they may be stored within garages or behind patio walls or in designated areas if not visible from the s!re<:ls or roadways and other Lots or propes1y. Thii prohibition of parking shall no! apply lo temporary parking of trucks and commercial vehicles, such as for pick-up, delivery and other commercial services. Non-commercial vans used for personal purposes shall no! be prohibited.

(g) Ei:nccs. No fence, wall, or other strucrure shall be erected in the front yard, back yard, or side yard setback arcu, except as originally installed by Declarant or its assignee, or except any fence approved by the Architectural Control Committee.

(h) CiarbaKc and Trnsn Di5+1QsaL No garbage. refuse, trash, or rubbish mall be deposited on any Lot except in areas designated for such purpose; provided, however, that the requirements from time 10 time of the County of Hillsborough for disposal or collection of !illme shall be complied with. All equipment for stol'llge or disposal of such material shall be kept in a clean and sanitary condition. All garbage, refuse, truh or rubbish containers mim be 11erccoed from view from all sides at all times except during pick-up, and dwl ool be sei outside for more than twelve 02) houn before any scheduled pick-up.

(i) Dx)'.in&..An:as. No clothing, laundry, or wash shall be aired or dried 011 any ponion of any

28

OR BK 09887 PG 1155

Lot or roadway. Drying areas will be pennitted only in locations approved by the Architectural Conttol Committee and only when protected from view by screening or fencing approved by the Committee.

(j) I ,aw fid Coodm;t. No immoral. improper. offensive or unlawful use shall be made of any Lot or other improvemcnlll. All valid Laws shall be strictly observed.

(k) Window Tffil1mm1. No Lot Owner may display any drapes, curtains or other window treatment which when viewed from the outside of II dwelling unit is of a color other than white or beige. No windows within a dwelling unit may be tinted without the ronsm! of the Architectural Control Committee.

( l) Violations. In the even1 of a violation of these covenants and rcalrictions, or of any rule properly promulgated by the Board of Directors of the Auociation, the Auociation may, as an additional remedy, provide written notice of the violation lo the Owner of record and, if the said violation shall continue fur a period of seven (7) days from the receipt of the written notice, the Owner may be .aasessed an mnoant up to Fifty Dollars ($50.00) per violation or the maximum mnoanl allowed by law. if such mnooo1 is greater. This assessmeot shall be considered in the !lllmC mllm!cr u specific assessments ti defined in Article V, Section 6, and those terms of this Declanition providing for the recording of the aS!lCSsmeot lien. enforcement and collection sh.all also apply.

Section I 0. Animals. No .animal,. livestock or poultry shall be raised, bred or kept anywhere within the Property, except domesticated dogs., a maximwn of two (2) cata, and other customary household pets may be kept on Lots subject to rules and regulations adopted by the Association, provided such animals are no1 kept, bred or maintained for any commercial purpose.

~ tion I I. filcbl11£-~ih1.S...:'lt.ltllclcJ&.cl11i.LCS· There shall be 110 parking 011 any grass nr landscaped area, sidewalks, Common Areas, or any portion of a Lot other than the driveways and garages constructed for such purpose. No motor vehicle, motor home, boat or other equipment shall be repaired, serviced. painted. dismantled. rebuilt. or con5tructed upon the Propeny, unleas such acuv11ies are conducted withm an enclosed g■r:ige and arc completely screened from view. While the Declarant still owns Lots for sale, or under construction 011 the Property, Decl■t&Jlt shall have the exclusive right 10 usc the Common Are.a and vacmil Lots owned by Declarant for business and customer parking from the hours of 10 AM lo 6 PM Monday through Saturday and 12 Noon 10 6 PM 011 Sundays.

Sei:;tion 1- 5i&ns. No sign of any kind, including Lot "For Sale" signs 1hall be displayed to the public view within the Property except those as may be allowed upon application 10 and approval of the Architectural Control Committee.

fN WITNESS WHEREOF, Dccl.arant has caused this Declaration 10 be duly executed the date stated above.

29

OR BK 09887 PG 1156

IS

.. NOTARY PUBLIC Name:. ____________ _

#:

foregc,in!l 1nslTW11en! was ackoow !edged bel'on: me hy:~~~"-..!::d!::~~- as ____ Pl~"!i,:!en!

3

Park Village As50Ciation, Inc.

OR BtC 09887 PG 1157

He is ,.,,-t,er;;nally lmoWl}., 10 me or has produced u idcntifici~ -------------- v.)

N:ime: _____________ _ Serial#: ___________ _ My Commission Expires: _____ _

31