Declaration of Covenants, Conditions and Restrictions For Village "A" aka The Villas of Citrus Springs

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THIS DECLARATION OF COVENANTS AND RESTRICTIONS FOR VILLAGE “A” a/k/a The Villas of Citrus Springs, (the “Declaration”) is made this 8th day of April, 2002, and contains certain covenants and restrictions made by THE SUNTREE PARTNERS, a Florida general partnership (the “Developer”).

CITRUS SPRINGS PLANNED DEVELOPMENT is a planned unit development (“CITRUS SPRINGS PUD”) located in Indian River County, Florida. The land plan for the CITRUS SPRINGS PUD community contemplates a variety of land uses, including, and without limitation, single-family detached homes, cluster homes, condominium units, and various compatible commercial uses. The land plan contemplates public or private streets, open spaces, sanitary sewer, and drainage and water services. THe Developer intends to develop a subdivision to be named Village “A” and or The Villas of Citrus Springs, to be located within the CITRUS SPRINGS PUD (hereinafter “Village A”). The Developer anticipates that there will be a total of 108 lots in Village “A”. The Developer intends to subject all of the property identified in the Plat for VIllage “A” to these Covenants and Restrictions. Village “A” is a subdivision of the CITRUS SPRINGS PUD.

At the time of their development each subdivision end condominium in the CITRUS SPRINGS PUD will be subjected to use restrictions and Architectural controls. These use restrictions and controls are contained in documents entitled Master Declaration of Covenants, Conditions and Restrictions for Citrus Springs recorded in Official Records Book 1404 Page 0770 of the Official Public Records of Indian River County Florida (“ Master Covenants”). The Master Covenants provide for their enforcement by an overall Master Association (“ Master Association”). Each owner of a lot or unit in Citrus Springs PUD which has been subjected to the Master Covenants is a member of the Master Association and of the Subdivision Association for the Subdivision where their lot is located. In addition to the Master Covenants, other covenants and restrictions may be imposed on a subdivision by the developer of that condominium or subdivision. These covenants relate only to Village “A” and are generally enforced by a subdivision association as hereinafter defined. The Developer anticipates that Village “A” will be encumbered by both the Master Covenants, which will be enforced by the Master Association, and by this Declaration which pertain only to Village “A”, which will be enforced by the Subdivision Association.

The purpose of this document is to subject Village “A,” which is described in the Plat of Village “A” recorded in Plat Book 16, Page 77, of the Public Records of Indian River County, Florida (hereinafter the “Plat”) and additional plats of land annexed into Village “A”, and subjected to an encumbered by the covenants and restrictions contained in this Declaration. This Declaration is sometimes referred to as the “Covenants.” For purposes of this Declaration, the term Village “A” shall mean the property identified and known as Village “A” in the Plat and subsequent Plats recorded in the Public Records of Indian River County, Florida.

Developer declares that Village “A” shall be conveyed and occupied subject to all matters set forth in this Declaration, the Plat and the Mater Covenants. These Covenants shall run with title to the land, and shall be binding upon the Developer and upon all parties acquiring any interest in Village ”A” after the recording of these Covenants in the Public Records of Indian River County, Florida.

The Covenants contained in this Declaration are for the purpose of protecting the value and desirability of Village “A” and made for the mutual benefit of each and every owner of a Lot in Village “A”. They are intended to be nondiscriminatory. They are also intended to create enforceable rights and obligations in favor of and against each Lot and its Owner. Each Owner, his or her family, friends, guests, tenants and invitees shall comply with the provisions of these Covenants while present within Village “A”.

In addition to any terms defined in and throughout this Declaration, the following words with their initial letters capitalized when used in this Declaration shall have the following meaning:

3.1 Every Owner of a Lot or portion of the Property. which is subject to assessment shall be a member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assessment.

3.2 The Association shall have two classes of voting Membership:

3.3 General Matters. When reference is made herein, or in the Articles of Incorporation, Bylaws, rules and regulations, management contracts or otherwise, to a majority or specific percentage of members, such reference shall be deemed to be reference to a majority or specific percentage of the votes of members and not of the members themselves.

4.1 Propertay Subject to Declaration. The Property is, and shall be, held, transferred, sold, conveyed, and occupied subject to this Declaration.

4.2 Additions to the Property. The Developer and the Association reserve the right to add or cause to be added other real property not now included with the Property to the Property, and such additional real property shall be subject to the provisions of this Declaration.

4.3 Annexation Without Association Approval. The Developer may from time to time bring, in whole or in part, additional real property under the provisions hereof by recorded supplemental declaration or amendment hereto, which shall not require the consent of the existing Owners, or the Association, or any mortgagee or the Federal Housing Administration or Veterans Administration, as long as the Federal Housing Administration and the Veterans Administration determine that the annexation is in accord with the General Development Plan heretofore approved by the Declaration. The additional lands annexed in accordance with the provisions hereof shall become subject to the provisions of the Declaration upon the recording in the Public Records of Indian River County, Florida, an amendment or supplement hereto properly executed by the Developer and without the consent of the members of the Association.

4.4 Additions and Modifications. Such amendments or supplements to the Declaration may contain
such complementary additions and modifications of this Declaration as may be necessary to reflect the different character, if any, of any undeveloped parcels of property annexed pursuant to this Declaration which is the subject of such amendments or supplements to the Declaration, and are not inconsistent with the scheme of this Declaration, as determined by the Developer. Further, such amendments or supplements to the Declaration may contain provisions with, among other things, assessments and the basis thereof, rules and regulations, architectural controls and other provisions consistent with the nature of the development of such property and pertaining to all or part of such undeveloped parcels, to the exclusion of the other portions of the Property.

4.5 Platting. As long as there is a Class B membership, the Declarant shall be entitled, at any time and from time to time, to plat and/or replat all or any part of the Property and to file subdivision restrictions and/or amendments thereto with respect to any undeveloped portion or portions fo the Property without the consent or approval of the Owner or the Association.

4.6 A mendment. As long as there is a Class B membership, the provisions of this Declaration cannot be amended without the written consent of the Declarant and any amendment of this Declaration without the written consent of the Declarant shall be deemed null and void, ab initio, unless subsequently approved and adopted by the Declarant.

4.7 Recordation. Upon each commitment of additional real property to this Declaration, a recordation of such additions shall be made as a supplement or amendment to this Declaration in the Public Records of Indian River County, Florida. Such real property described therein shall be committed and subjected to and encumbered by the covenants contained in this Declaration and shall be considered “Property” as fully as though originally designated and defined herein as Property.

4.8 Merger. Nothing in this Declaration is intended to limit or restrict in any way the Association’s rights or ability to merge with any other association as the Board may feel is in the best interests of the Association and its Members. Upon a merger or consolidation of the Association with another association, all Common Area, rights and obligations shall by operation of law, be transferred to the surviving or consolidated association or, alternatively, shall become the properties, rights and obligations of the Association as a surviving corporation pursuant to a merger. The surviving or consolidated association may administer the covenants by this Declaration within the Property together with the covenants and restrictions established by any supplement upon any other properties as one scheme. However, no such merger or consolidation shall cause a revocation, change or addition to the covenants in the Declaration as it pertains to the Property, except as provided herein.

5.1 General Purpose. The Subdivision Association is organized for the purpose of providing common services to lot owners, owning and maintaining the lake and grounds, landscaping on Common Property, maintaining gates, entrance signs and lights, maintaining pools or other recreational facilities located on any Common Property within the Property, maintaining roadways, streets, and right-of-ways conveyed to the Subdivision Association and providing the enforcement of the Declaration, and engaging in activities for the mutual benefit of the Owners. All Lot Owners are members of the Subdivision Association. Provisions relating to the Subdivision Association are contained in the Articles of Incorporation and By-Laws of the Subdivision Association. The initial services to be provided by the Subdivision Association areas maintaining: Common Property, roadways and streets conveyed to the Subdivision Association, pools or other improvements constructed on the Common Property, entrance signs, gates and sign lighting, lighting for Village “A” streets and maintenance of Lots as provided herein.

The Subdivision Association shall be responsible for the maintenance, operation, and repair of the portions of the Stormwater Management System. Maintenance of the Stormwater Management System shall mean the exercise of practices that allow the system to provide drainage, water storage, and conveyance of other Stormwater Management System capabilities as permitted by the St. Johns River Water Management District. Any repair or reconstruction of the Stormwater Management System shall be as permitted or if modified, as approved by the St. Johns River Water Management District. The St. Johns River Water Management District shall have the right to enforce by a proceeding at law or in equity the provisions contained in this Declaration, which relate to the maintenance, operation, and repair of the Stormwater Management System. Any amendment to the Declaration which alters the Stormwater Management System, beyond maintenance in its original condition, including the water management portions of the Common Property, must have the prior approval of the St Johns River Water Management District.

The Subdivision Association shall have the right to increase or reduce the level of services it provides and to add or delete services by affirmative vote of the Members in accordance with the By-Laws of the Subdivision Association; except that, the Subdivision Association shall be responsible for the maintenance, operation and repair of the portion of the Stormwater Management System to be maintained by it and shall not delete, reduce or modify any services related to the Stormwater Management System without prior approval of the St. Johns River Water Management District. In order to pay for these services, the Subdivision Association shall charge assessments against the Lots and their owners which may be in addition to any assessments charged by the Master Association for such Stormwater Management System Services provided by it. Each Owner is personally obligated for assessments which come due during the time such Owner owns the Lot.

5.2 Enforcement of Assessments.

5.3 Annual Assessments. The Subdivision Association shall fix the amount and due date of the annual assessment and the periods of collection, whether annually, semi-annually, quarterly, or monthly. Initially, annual assessments shall be payable in equal monthly installments. The Board of Directors shall notify the owners of each Lot of the amount, and the date on which the assessments are payable, and the place of payment. Annual assessments shall be uniform. Except as otherwise provided herein, the initial annual assessment for the first fiscal year shall be $1,800.00 with an additional start-up fee of $200.00 payable by the Buyer at the initial closing of each Lot. The $200.00 start-up fee per Lot shall be paid to the Association at the time of closing by the first purchaser of a Lot other than the Declarant. All undeveloped and unimproved Lots which have been purchased by and or sold to any person or entity other than those owned by the Developer shall pay an annual assessment of $900.00 payable in monthly payments of $75.00 per month until the earlier of (i) 180 days from the issuance of a building permit by the appropriate governmental authority for any improvement to be constructed upon a Lot; or (ii) such times as a Townhome or Dwelling or other improvement has been constructed on such Lot and a certificate of occupancy has been issued for such Townhome or Dwelling by the appropriate state, county or municipal government. Upon issuance of the certificate of occupancy or the 180th day, the Owner thereof, including the contractor or the builder of the Dwelling or Townhome, if applicable, shall be assessed from the date of issuance of the certificate of occupancy or the 180th day, the full annual assessments paid by other Lot Owners within the Subdivision for the year in which the certificate of the date of issuance of the certificate of occupancy or the 180th day occurs, with all assessments owed for that year being pro-rated and increased from the date of issuance of the certificate of occupancy or the 180th day. The Association may use the start-up fee for any of the purposes set forth in this Declaration. The start-up fee shall be paid directly to the Association. Annual assessments may also be used for the maintenance or repair of the Surface Water or Stormwater Management System, including but not limited to work within retention areas, drainage structures, and drainage easements.

5.4 Date of Commencement of Annual Assessments. The annual assessment for each Lot shall begin upon conveyance of the Lot to a Class A member who is not the Developer. The first annual assessment for each Lot shall be made for the balance of the fiscal year of the Subdivision Association. The first annual assessment shall be due and payable in advance in the installments and at the place established by the Subdivision Association at the time of such conveyance. ALL PROPERTY EXCEPT THAT WHICH IS LEGALLY PLATTED INTO INDIVIDUAL LOTS AS PER A RECORDED PLAT OF VILLAGE “A” SHALL BE EXEMPT FROM ASSESSMENTS. FURTHERMORE, ALL PROPERTY OWNED BY THE DEVELOPER, IN THE ORDINARY COURSE OF BUSINESS, INCLUDING INDIVIDUALLY PLATTED LOTS, SHALL BE EXEMPT FROM ASSESSMENTS, HOWEVER, THE DEVELOPER WILL PAY ALL COSTS INCURRED BY THE ASSOCIATION IN ACCOMPLISHMENT OF THE PURPOSES IDENTIFIED IN SECTION 5.1 HEREIN, IN EXCESS OF THE TOTAL AMOUNT COLLECTED BY THE ASSOCIATION THROUGH ALL ASSESSMENTS THROUGH AND UNTIL THE DATE OF TURNOVER OF THE ASSOCIATION TO THE MEMBERS.

5.5 Maximum Annual Assessment. Until January 1 of the year immediately following the conveyance
of the first Lot to any Owner, the maximum annual assessment shall be $1,800.00 per Lot.

5.6 Special Assessments. In addition to the Annual Assessments, the Subdivision Association may levy a special assessment to pay in whole or in part for the cost of any major construction, reconstruction, repair, or replacement of a capital improvement owned by the Subdivision Association or repair any privacy walls without concurrence of the Owners. A major repair is a repair made to an existing capital improvement which exceeds Ten Thousand and 00/100 Dollars ($10,000.00), and the useful life of which is greater than one (1) yar. Replacement of a capital improvement means any replacement of an existing capital improvement. The Subdivision Association may also levy and collect a special assessment to acquire a new capital improvement or for any other purpose (other than major repair or replacement of a capital improvement) if the special assessment is approved by a vote of two-thirds (⅔) of the votes of each class of the Members of the Subdivision Association.

5.7 Classes of Special Assessments. There are two (2) classes of Lots for special assessment purposes:

5.8 Effect of Non-Payment of Assessment; Remedies of the Subdivision. Any assessment not paid within fifteen (15) days after the due date shall bear interest from the date due at the rate of EIGHTEEN (18%) PERCENT PER ANNUM or the highest rate allowed under the laws of the State of Florida, whichever is less, until paid in full. The Subdivision Association may bring an action against the Owner of the Lot for payment of the assessment an may enforce its lien for the assessment by foreclosure or any other means available under the law. The Subdivision Association may waive payment of late fees and interest on an assessment, but may not waive payment of the assessment. No member may waive or otherwise escape liability for assessments by non-use of Common Property or by abandonment of the Lot owned by such owner.

5.9 Subordination of the Lien to Mortgages. The lien of the assessments provided for in this Declaration shall be a lien superior to all other liens less and except real estate tax liens and the lien of any mortgage to any Institutional Lender which is now or hereafter placed upon any property subject to assessments, as long as, said mortgage lien is a first lien against the property encumbered thereby, provided, however, that any such mortgagee, when in possession, or any receiver, and in the event of a foreclosure, any purchaser at a foreclosure sale, and any such mortgagee acquiring a deed in lieu of foreclosure, and all persons claiming by, through or under such purchaser or mortgagee, shall hold title subject to the liability and lien of any assessment coming due after such foreclosure (or conveyance in lieu of foreclosure). Any unpaid assessment which cannot be collected as a lien against any Lot by reason of the provisions of this Section shall be deemed to be an assessment divided equally among, payable by and a lien against all Lots as to which the foreclosure (or conveyance in lieu of foreclosure) took place. Notwithstanding any contrary provision hereof, no Institutional Lender acquiring title to a Lot through foreclosure or conveyance in lieu of foreclosure, and no purchaser at a foreclosure sale, and no persons claiming by, through or under such Institutional Lender or purchaser, shall be personally obligated to pay assessments that accrue prior to the Institutional Lender’s or the foreclosure purchaser’s acquiring title.

5.10 Damage by Owners. The Owner of a lot shall be responsible for any expense incurred by the Subdivision Association to maintain, repair or replace Common Property which is necessary by reason of the Owner’s carelessness, neglect or willful action or by that of the Owner’s family, his guest, agents, tenants, or invitees. Any such expense shall be a part of the assessment to which the Owner’s Lot is subject and shall be due and payable in the same manner as annual assessments provided for in these Covenants.

6.1 Right to Use Common Property. Each Owner and members of such Owner’s family residing with the Owner or the tenant of a non-resident Owner has the non-exclusive right to use Common Property for the purpose for which it is intended, which shall be appurtenant to and shall pass with title to the Lot owned by the Owner, subject to the following provisions:

6.2 Utilities. Each Owner shall have access to the underground utility lines, lift and pumping stations, pipes, sewers and drainage lines constructed in the roads or other easements as shown on any Plat recorded for the Subdivision, as the same may be relocated from time to time, subject to regulations and ordinances of the Indian River County, Florida and the Association.

6.3 Lot Easements. Unless the Association elects to maintain easement areas on the Property or as otherwise provided in this Declaration, each Owner shall be responsible for the maintenance of all easements situated on their respective Lot or Lots for utility or drainage purposes.

6.4 Party Walls Roof.

7.1 Enforcement Rights. The Subdivision Association, its agents, or its employees shall have the right, but not the obligation, to enter upon any Lot to cure any violation of these Covenants, including, without limitation, the right to remove any structure which is in violation of these Covenants and to enforce maintenance and repair of Lots and improvements. Except as provided herein, any such removal, curing, maintenance, or repair shall be at the expense of the Owner of the Lot on which the violation has occurred or exists, which expense shall be payable by such owner to the Subdivision Association on demand. Entry to remove and cure any violation of these Covenants shall not be a trespass, and the Subdivision Association shall not be liable for any damages incurred on account of the entry.

The rights of the Subdivision Association described in this Section shall not be construed as a limitation of the rights of the Developer or any Owner to prosecute proceedings at law or in equity for the recovery of damages against persons violating or attempting to violate these Covenants or for the purpose of preventing or enjoining any violations or attempted violations. The remedies contained in this Section shall be construed as cumulative of all other remedies provided at law or in equity. The failure of the Subdivision Association to enforce these Covenants, however long continuing, shall not be a waiver of the right to enforce these Covenants at a later time. In any action brought by the Subdivision Association to enforce the provisions of these Covenants, including any pre-litigation costs or attorneys fees, the Subdivision Association shall be entitled to recover its attorney fees and costs incurred in such action or collection efforts, whether or not a legal or equitable action is actually initiated.

7.2 Other Assessments. Any amounts owed by any Owner to the Subdivision Association as a result of the Subdivision Association’s abating or curing violations of these Covenants or maintaining or repairing Lots or homes shall be due and payable within fifteen (15) days from the date of receit of a statement for such amounts from the Subdivision Association. If any of said sums are not paid when due, they shall be added to and become part of the annual assessment to which the Lot is subject and enforceable as provided in these Covenants.

7.3 Common Property Rights. The Subdivision Association shall have the right:

7.4 Association’s Rights of Entry. The Subdivision Association’s duly authorized representatives or agents shall, at all reasonable times, have and possess a reasonable right of entry and inspection upon the Common Area or any Lot for the purposes of fully and faithfully discharging the duties of the Association. Non-exclusive easements are hereby granted in favor of the Association throughout the Property as may reasonably be necessary for the Association to perform its services required and authorized hereunder, so long as none shall unreasonably interfere with the use of any Lot. Furthermore, an easement is hereby granted in favor the Association, including its agents and designees, for purposes of carrying out all obligations and/or rights of the Association pursuant to this Declaration. Furthermore, a nonexclusive easement is hereby created over all utility easements or other right of ways contained on any Plat for Village “A” which easement is in favor of the Association, including its agents and designees, in perpetuity, to utilize for all proper purposes of the Association.

7.5 Authorized Services. The Association shall be authorized, but not required, to provide the following functions and services and shall have easement rights necessary to perform same:

8.1 Eminent Domain. If all or part of any easement granted by Developer over property of the Developer is taken by eminent domain, no claim shall be made by the Subdivision Association or any Owner other than Developer for any portion of any award, provided Developer shall grant a similar easement, if necessary, to provide owners with access to their Lots and with utility service.

8.2 Easements for Utilities and Cable Television. Developer reserves a perpetual easement on, over and under the easements and Common Property shown on any Village “A” plat for construction and maintenance of electric and telephone poles, wires, cables, conduits, water mains, drainage lines or drainage ditches, sewers, irrigation lines and other conveniences or utilities. To the extent permitted by law, Developer reserves a exclusive easement over, on and under each Lot for the installation and maintenance of utilities, lines, wires, pipes, power, telephone, CATV, radio and television cables within the Subdivision. The Owners of Lots subject to the easements reserved in this section shall acquire no right or interest in utility or cable television equipment placed on, over or under the portions of the Subdivision which are subject to such easements. All easements reserved by the Developer are and shall remain private easements and the sole and exclusive property of the Developer.

8.3 Drainage Easement. Drainage flow shall not be obstructed or diverted from drainage easements. Developer may, but shall not be required to, cut drainways for surface water wherever and whenever necessary to maintain reasonable standards of health, safety and appearance. Except as provided in this Section, existing drainage shall not be altered so as to divert the flow of water onto an adjacent Lot or into sanitary sewer lines.

8.4 Maintenance Easement. Developer reserves an easement in, on, over and upon each Lot for the
purpose of preserving, maintaining or improving the Common Property and any easements thereon.

8.5 Developer Rights re: Temporary Structures, Etc. Developer reserves the right to erect and maintain temporary dwellings, model houses and/or other structures upon Lots owned by Developer and to erect and maintain such commercial and display signs as Developer, in its sole discretion, deems advisable. Developer reserves the right to do all acts necessary in connection with the construction of improvements on the Lots. Notwithstanding anything in this Declaration to the contrary, Developer shall have the right to use the Property and any Lot for ingress and egress thereover, including the use of construction machinery and trucks thereon and no person shall in anyway impede or interfere with Developer, its employees or agents in the exercise of this right herein reserved, or interfere with the completion of the contemplated improvements or sale of Lots or improvements thereon. Furthermore, the Developer may make such use of the Property free from interference of Owners or contract purchasers as may be reasonable necessary to facilitate the completion and sale of Lots and improvements thereon, including, but not limited to, maintenance of a sales office and model area, the showing of property, the display of signs, and the right to construct or place sales and construction offices of a temporary on the property. Nothing contained in these Covenants shall be construed to restrict the foregoing rights of the Developer.

8.6 Further Restrictions. So long as the Developer owns any Lot in Village “A,” the Developer reserves the right to impose further restrictions and to grant or dedicate additional easements and rights-of-way on the Property, any Lot in Village “A, and any Common Property. The easements granted by the Developer shall not materially or adversely affect any improvements or unreasonably interfere with the use of the Common Property.

8.7 Release of Restrictions, Easements. If a home or other structure is erected or the construction of a home or structure: is substantially advanced in a manner that violates the restrictions contained in these Covenants or in a manner that encroaches on any setback line, lot line, Common Property or easement area. Developer shall have the right to release the Lot from the restriction it violated.. Developer shall also have the right to grant an easement to permit encroachment by the home or structure over the Lot line, or on the Common Property or the easement area, so long as the Developer, in the exercise of its sole discretion. determines that the release or easement will not materially adversely affect the health and safety of owners, the value of adjacent Lots and appearance of Village “A”. Notwithstanding any contrary provisions of this Declaration. the Developer shall have the right without the approval or consent of any Member of the Association to convey any portion of the Common Property that is the subject of any encroachment by a home to the owners of the home. Nothing contained in this Section shall be construed to conflict with any adopted ordinance of Indian River County.

8.8 Easement for Access and Drainage. The Developer and the Subdivision Association shall have a perpetual non-exclusive easement over all areas of the Surface Water or Stormwater Management System for access to operate, maintain or repair the Stormwater Management System. By this easement, the Developer and Subdivision Association shall have the right to enter upon any portion of any Lot which is a part of the Surface Water or Stormwater Management System, at a reasonable time and in a reasonable manner, to operate, maintain or repair the Surface Water or Stormwater Management System as required by the St. Johns River Water Management District permit. Additionally, the Subdivision Association shall have a perpetual exclusive easement for drainage over the entire Surface Water or Stormwater Management System. No person shall alter the drainage flow of the Surface Water or Stormwater Management System, including buffer areas or swales, without the prior written approval of the St. Johns River Water Management District.

8.9 Survival. Any and all easements, licenses, or other rights granted or reserved pursuant to this Declaration shall survive any termination of this Declaration and conveyance of any Lot and shall be deemed to run with the land more particularly described on any Plan for Village ”A” and all other land annexed hereunder.

Common Areas in the CITRUS SPRINGS PUD community are maintained by the Master Association. Members of the Master Association are the owners of Lots and condominium parcels in each subdivision and condominium in CITRUS SPRINGS PUD. The Master Association for the CITRUS SPRINGS community has certain powers, rights and duties with respect to Village “A” and CITRUS SPRINGS PUD which are set forth in its Articles of Incorporation and By-Laws and in the Master Covenants. Generally the Master Association has certain maintenance, operation and management responsibilities with respect to its roadways, bridges, drainage facilities, rights of way, medians, entrance ways, traffic control systems, lakes and other common areas to be used in common with all residents of CITRUS SPRINGS PUD, the payment of real estate ad valorem taxes assessed against such common areas and for other services, all of which are more particularly described in the CITRUS SPRINGS PUD Master Covenants. If the Subdivision Association or any Owner refuses or fails to perform the obligations imposed on it under these Covenants and the Articles and By-Laws of the Subdivision Association, the Master Association is authorized to perform the obligation that the Subdivision Association or Owner has failed or refused to perform. Any expenses incurred by the Master Association shall be reimbursed by the Subdivision Association or the Owner, as the case may be. Developer anticipates, but does not guaranty, that each Lot and condominium unit in CITRUS SPRINGS PUD shall be subjected to the Master Covenants as it is developed. Each Lot Owner in the Subdivision will be subject to the obligations set forth in the Master Covenants.

10.1 Duties and Powers of Subdivision Association. Except for the construction of homes and other improvements upon any Lot and improvements to the Common Property by the Developer, and except as otherwise provided in this Declaration. NO IMPROVEMENTS SHALL BE CONSTRUCTED ON THE COMMON PROPERTY AND NO ALTERATIONS OF THE EXTERIOR OF ANY HOME OR ALTERATION OR PERMANENT IMPROVEMENT OF ANY LOTS SHALL BE EFFECTED WITHOUT THE PRIOR WRITTEN CONSENT OF THE SUBDIVISION ASSOCIATION OR AN ARCHITECTURAL COMMITTEE COMPOSED OF THREE (3) OR MORE REPRESENTATIVES APPOINTED BY THE BOARD OF DIRECTORS OF THiE ASSOCIATION AND, IF CONSENT OF THE SUBDIVISION ASSOCIATION IS GRANTED, THE MASTER ASSOCIATION. The Subdivision Association shall have the right to approve or disapprove any building,. fence, wall, screened enclosure, grading. floor, elevation and drainage plan, drain, mailbox. solar energy device, antenna, satellite dish, decorative building, landscaping plan, landscape device or object, or other improvement. change or modification and to approve or disapprove any exterior additions, changes. modifications or alterations to the home. Disapproval of any change, addition, modification or alteration may be solely on the grounds of aesthetics. It is Developer's intent to protect the community from nuisances and maintain the aesthetic quality, with substantial uniformity, of the homes. The Subdivision Association may adopt additional standards and criteria to effect the purposes of this Section and Article.

10.2 Duties of the Subdivision Association. The Subdivision Association shall approve or disapprove the plans for an improvement or modification within thirty (30) days after the same is submitted to it in proper form If the plans are not approved within such period, they shall be deemed to have been disapproved. The plans submitted to the Subdivision Association for approval shall include all plans necessary for construction and shall meet the following standards:

10.3 Maintenance of Homes and Lots.

10.4 Miscellaneous Restrictions.

10.5 Common Area. Other than those improvements constructed by the Declarant, no improvements shall be constructed upon any portion of the Common Area without approval from the Subdivision Association.

10.6 Property Maintenance. In the event an Owner of any Lot shall fail to maintain the premises and improvements situated thereon in an manner satisfactory to the Subdivision Association, except for those areas or items to be maintained by the Subdivision Association, the Owner shall be notified and given thirty (30) days within which to correct or abate the situation. If the Owner fails to do so, the Subdivision Association shall have the right (although it shall not be required to do so) to enter upon the Lot for the purpose of repairing, maintaining and restoring the Lot and the exterior of the building and other improvements located thereupon at the sole cost of the Owner of the Lot. The cost of such repair, maintenance and restoration, together with reasonable attorneys’ fees and costs for collection thereof incurred through all appellate levels, shall thereupon constitute a lien upon the Lot which lien shall become effective only upon the filing of a written claim of lien. The form, substance and enforcement of the lien shall be in accordance with the construction lien law of the State of Florida, and the Owner of the Lot shall, by virtue of having acquired the Lot subject to these restrictions, be deemed to have authorized and contracted for such repair, maintenance and restoration. The lien herein provided will be subordinate to a first mortgage lien of an Institutional Lender.

10.7 Fines. It is acknowledged and agreed among all Owners that a violation of any of the provisions of these Declarations or this Article by an Owner or resident will result in irreparable harm to other Owners or residents and the Developer. Each Owner, the Association and the Developer shall have the right to order, enforce and file all actions to obtain orders or judgments for specific performance and injunction of the terms and provisions of these covenants and this Declaration. All Owners agree that a fine may be imposed by the Developer or Association for each day of violation of these covenants continues after notification by the Developer or the Association. All fines collected shall be used for the benefit of the Association. Any fine levied shall be paid within fifteen (15) days after mailing of notice of that fine. Not paid within fifteen (15) days, the amount of such fine shall accrue interest at a rate of ten (10%) percent per annum, and shall be treated as a special assessment as provided in these Declarations.

11.1 Water System. The central water supply system provided by the City of Vero for the service of Village “A” shall be used as the sole source of water. Each Owner shall pay water meter charges established by the City and shall maintain and repair all portions of such water lines located within the boundaries of his Lot.

11.2 Sewage/Reuse Water System. The central sewage system provided by Indian River County, Florida for the service of Village “A” shall be used as the sole sewage or disposal system for each Lot. Each owner shall maintain and repair all portions of such sewer lines located within the boundaries of his Lot and shall pay when due the periodic charges or rates for the furnishing of such sewage collection and disposal service made by the operator thereof. No septic tank or drain field shall be placed or allowed within Village “A”. The Declarant and/or Association shall have the right and ability, but shall not be required, to contract with Indian River County, Florida, with regard to the establishment, maintenance and operation of a Reuse Water System for the Subdivision, and the Association shall have the right to control and regulate all use of the Reuse Water System, and all use of Reuse or Reclaimed Water within the Subdivision, including setting reasonable restrictions on the time and duration of use of such Reuse or Reclaimed Water or Reuse Water System. The Declarant and the Association hereby reserves and creates a perpetual easement in favor of the Declarant and the Association,, over, under and across all Property within the Subdivision for the construction, installation, repair and maintenance of a Reuse Water System for the Subdivision.

11.3 Garbage Collection. Garbage, trash and rubbish shall be removed from the Lots by the entity selected by Indian River County. Each Lot Owner shall pay when due the periodic charges or taxes for such garbage collection service.

11.4 Electric and Telephone Service. All telephone, electric and other utility lines and connections between the main and primary utility lines and the residence and the other buildings located on each Lot shall be concealed and located underground in a manner acceptable to Indian River County.

12.1 Privacy Wall. The Declarant may construct privacy walls, fences, berm or swale areas within the Property (“Privacy Wall”). A Privacy Wall shall hereinafter be defined as any berm, swale area, wall or fence built by the Declarant, or later built by the Association, in any Common Area, easement, or elsewhere on the Property as a visual barrier, decorative or architectural feature, safety feature, or for any other reason at the sole discretion of the Declarant, or as a requirement of any municipality or governing authority.

12.2 Maintenance of Privacy Walls. Unless the Association elects to maintain Privacy Walls, Owners
shall be responsible for the maintenance of Privacy Walls situated on their respective Lot or Lots.

12.3 Failure to Maintain a Privacy Wall. To the extent an Owner does not maintain the Privacy Wall contiguous with the boundary line of that Owner’s Lot, and the Association has elected not to maintain said Privacy Wall, the Association shall have the right to paint, repair or otherwise maintain that portion of the Privacy Wall. Upon the occurrence of such an event, the Association shall have the right to assess said Owner for the costs thereof and the enforcement provisions contained in this Declaration shall apply.

12.4 Easement for Privacy Wall. An easement is hereby created in perpetuity, in favor of the Declarant and the Association along the rear Lot lines of all exterior Lots (those Lots bordering other Lots, subdivisions, developments or property not within the Property) within the Subdivision, for the construction, management, inspection, painting, maintenance and repair of Privacy Walls along such rear Lot lines. The easement shall extend ten (10) feet from the rear Lot line of any and all exterior Lots of the Subdivision, into each affected Lot. Entry upon a Lott by the Declarant or the Association, or their agents, as provided herein, may occur without notice and shall not be deemed a trespass.

12.5 Duration and Amendment. These covenants and restrictions of this Declaration shall run with and bind the land submitted or subjected hereto and shall be and remain in effect for a period of twenty
(20) years from the date this Declaration is recorded after which time they will be automatically extended for periods of ten (10) years, and shall inure to the benefit of and be enforceable by the Developer, the Subdivision Association, the owners and their respective legal representatives, heirs, successors and assigns, unless modified or terminated by a duly recorded written instrument executed in conformity with requirements described below. For so long as there remains Class B membership voting rights, the Declarant may amend, change, supplement, modify or terminate this Declaration without the approval of the Owners. In addition to any other manner herein provided for the amendment of this Declaration, these covenants and restrictions may amended, changed, supplemented, modified or terminated at any time and for any reason from time to time upon the execution and recordation of an instrument approved by the Owners holding not less than two- thirds (2/3) vote of each class of membership in the Association. No provision of this Declaration may be amended if such provision is required to be included herein by any law. Additionally, no such amendment shall adversely affect the right or lien of any Institutional Lender without such mortgagee's express consent. Additionally, the Developer specifically reserves the absolute and unconditional right so long as it owns any Lots to amend the Declaration to conform to the requirements of the Federal Home Loan Mortgage Corporation, Veterans Administration, Federal National Mortgage Association or the St. Johns Water Management District, any other governmental agency or authority or any other generally recognized institution involved in the purchase and sale of home loan mortgages or to clarify the provisions herein, without the consent or joinder of any party. Notwithstanding anything contained in these Covenants to the contrary, the provisions of these Covenants affecting the rights or duties of the Developer shall not be amended or terminated at any time without the consent in writing of the Developer. Notwithstanding anything contained herein to the contrary, this provision will not restrict the right of the Developer to annex additional property in accordance with paragraph 4.3 of this Declaration, without the consent of the other members of the Association.

Any amendment or termination of any covenant, or part thereof, which would affect the Surface Water Management System, including the water management portions of the Common Property, must have the prior approval of the St. Johns River Water Management District.

12.6 Notices. Any notice required to be sent to any person pursuant to any provision of these Covenants shall be effective if such notice has been deposited in the United States Mail, postage prepaid, addressed to the person for whom it is intended at his last known place of residence, or to such other address as may be furnished to the secretary of the Subdivision Association. The effective date of the notice shall be the date of mailing.

12.7 Severability. Whenever possible, each provision of these Covenants shall be interpreted in a manner that is effective and valid. If any provision of these Covenants is prohibited or held invalid, the prohibition or invalidity of such provision shall not affect any other provision which can be given effect. To this end, the provisions of these Covenants are declared to be severable.

12.8 Assignment by Developer. Developer shall have the sole and exclusive right to transfer to such persons, firms, or corporations as it shall select, who acquires any part of Village ”A” for development, in whole or in part, any or all of the easements and rights whatsoever given to or reserved by Developer in these Covenants. All easements and rights reserved in these Covenants shall be for the benefit of Developer, its successors and any entities to whom such rights are assigned in writing. If the Developer sells, transfers, or assigns all of its then remaining interest in Village “A” to any person or entity, such person or entity shall be deemed to be the successor developer of Village “A” and the Class B member of the Subdivision Association: if Developer transfers or assigns less than all of its remaining interest in Village “A” to another person or entity, the successor in interest shall not be the successor developer or the Class B member unless the Developer specifically assigns its rights, obligations and privileges under these Covenants and the Articles of Incorporation of the Subdivision Association to such person or entity by instrument recorded in the Public Records of Indian River County, Florida.

12.9 Disputes and Construction of Terms. In the event of any dispute arising under these Covenants, or in the event of any provision of these Covenants requiring construction, the issue shall be submitted to the Board of Directors of the Master Association for non-binding arbitration or mediation. The Board of Directors shall give all persons having an interest in the issue an opportunity to be heard after reasonable notice. The Board shall, when appropriate, render its decision in writing, mailing copies thereof to all parties who have noted their interest.

12.10 No Waiver. The failure of the Association or Developer to enforce any right, provision, covenant or condition which may be granted by this Declaration or the Governing Documents shall not constitute a waiver of the right of the Association or Developer to enforce such right, provision, covenant, or condition in the future.

12.11 Enforcement/Attorney Fees. In addition to any other rights or remedies provided in this Declaration, this Declaration may be enforced by the Developer, the Association, or any Owner by procedure at law or in equity against any person violating or attempting to violate any provision herein, to restrain any violation, to require compliance with the provisions contained herein, to recover damages, or to enforce any lien created herein. In any action or proceeding to enforce the provisions of this Declaration or in any way relating to this Declaration, including, without limitation, any action for declaratory relief, the prevailing party shall be entitled to recover from the unsuccessful party all attorney fees incurred at all trial and appellate levels in addition to all other costs and other expenses.

12.14 Governing Law/Venue. The construction, validity and enforcement of this Declaration shall be determined in accordance with the laws of the State of Florida and the exclusive venue for enforcement of this Declaration shall be in Indian River County, Florida.

12.12 Indemnification of Officers, Directors or Agents. The Association shall be entitled to indemnify and procure insurance for any person acting as an officer, director or agent for the Association.

12.13 Conflict. This Declaration shall take precedence over conflicting provisions in the Articles of Incorporation and By-Laws of the Association and the Articles of Incorporation shall take precedence over the By-Laws.