DfflCE &ox Ri THIS DOCUMENT PRE'PARED BY: D. BRIAN KUEHNER. P.A. 4921 SOUTHFORK DRIVE LAKELAND, FL 33813 (863 )646-5728

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OR.·BK 04935 PG 1494 RECORDED 02/2£/2002 07:41 AM RICHARD M. WEISS a.ERK Of (l)tIRT P!l..K CtlMy DEPUTY ClERK S Wiggins

DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS . THE PRESERVE AT SUNDANCE

HOMEOWNERS ASSOCIATION, INC.

THIS DECLARATION, made on the date hereinafter set forth by THE FOREST GROUP, LLP, (the Declarant or Declarant), the Owner of all the right, title and interest, both legal and equitable, in and to certain lands more particularly described on the attached Exhibit "A" hereafter (the Property).

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WIT N E SSE T H:

WHEREAS, Declarant is the owner of the property.

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

ARTICLE I DEFINITIONS

SECTION 1. "Association" shall mean and refer to THE PRESERVE AT SUNDANCE HOMEOWNERS ASSOCIATION, INC., its successors and assigns.

SECTION 2. "Owner" shall mean and refer to the record owner whether one or more persons or Entities, of a fee simple title to any lot which is a part of the properties including contract seUers, but excluding those having such interest merely as security for the performance of any obligation.

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

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SECTION 4. IICommon Areas" shall mean all real property owned by THE PRESERVE AT SUNDANCE HOMEOWNERS ASSOCIATION, INC., or easement rights granted to the Association to be used and enjoyed equally by all lot owners. The Common Area shall be identified by tract on the plat of the Property, and shall be subject to the dedications set forth on the plat. Tract I. as identified on the plat, shall be a common area dedicated to the Association. Tracts A, B, C, and 0, as identified on the plat as drainage easements and retention areas. The term "Common Area: shall also include any easements, if any Surface Water Management Facilities (as defined below) or stormwater management systems, or any other property or other areas for which the Association is required to maintain. All Common Area is to be maintained by the Association and devoted to and intended for the common use and enjoyment of the Members of the Association, their families, invitees, guests, and persons occupying Dwelling Units on a guest or tenant basis, to the extent designated on recorded plats or authorized by the Board of Directors of the Association.

SECTION 5. "Lot" shall mean and refer to any plot of land shown upon any recorded subdivision map of the properties with the exception of the common area.

SECTION 6. "Maintenance" shall mean the exercise of reasonable care in keeping the common areas in an acceptable condition. In addition the Association shall maintain the Wetland Conservation Areas A and B as shown on the plat.

SECTION 7. "Declarant" shall mean and refer to all Owners, their .. successors and assigns if such successors or assigns should acquire more than a majority of the remaining undeveloped lots owned by the Declarant for the purpose of development.

SECTION 8. "Architectural Review Committee" or "ARC" shall mean an architectural review committee appointed in accordance with Article V hereof, whose duties shall be as set forth in Article V hereof.

SECTION 9. "Builder" shall mean and refer to the purchasers of developed Lots from Declarant for the purpose of constructing Dwelling Units thereon for the saleto third parties in the normal course of business.

ARTICLE II PROPERTY RIGHTS AND EASEMENTS

SECTION 1. OWNERS' EASEMENTS OF ENJOYMENT. Every owner shall have a right and easement of enjoyment in and to the common areas hereof which shall be appurtenant to and shall pass with the title to every lot, subject to the f~lIowing provisions:

(A) The right of the Association to suspend the voting rights by an owner for any period during which any assessment against his lot remains unpaid: and for a period

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not to exceed sixty (60) days for any infraction of its published rules and regulations.

(B) The right of the Association to dedicate or transfer all or any part of the common area to any public agency, authority or, utility for such purposes and subject to such conditions as may be agreed to by the members. No such dedication or transfer shall be effective unless an Instrument agreeing to such dedication or transfer signed by two-thirds (2/3) of each class of members has been recorded.

SECTION 2. DECLARATION OF USE. Any owner may delegate, in accordance' with the by-laws, his right of enjoyment to the common area and facilities to the members of his family, his tenants or-contract purchasers who reside on the property.

SECTION 3. EASEMENTS FOR CONSTRUCTION AND SALES. There is reserved to the Declarant and granted to the Builders. and their respective designees, successors and assigns (including, without limitation, their agents, sales agents, and representatives, and prospective purchasers of Lots), non-exclusive easements over Common Area, for construction, utility lines, display, maintenance and exhibit purposes in connection. with the erection of improvements and sale of Lots and Dwelling Units within the property and for ingress and egress to and from the construction sites at reasonable times; provided, however, that such IJse shall terminate upon the later of (i) the sale of all Lots by the Declarant or (ii) the sale of all Dwelling Units by the Builders and their express successors and assigns; and provided, further, that no such use by the Declarant and/or the Builders and others shall otherwise restrict the Owners in the reasonable use and enjoyment of the Common Area. .

SECTION 4. EASEMENTS OVER COMMON AREAS. To the extent that easements over, upon or under the Common Area are not necessary so as to provide utility services to the Property, the Associat,ion and each Owner, and his heirs, successors and assigns, do hereby designate and appoint the Declarant as agent and attorney-in-fact, which is coupled with an interest, with full power in his name, place and stead. to execute instruments creating such easements; provided, however, that such easements shall not unreasonably interfere with the use' by the Owners of the Common Area. For this purpose, the Declarant shall have the right to grant easements in perpetuity over, under and across all Common Areas shown on any recorded subdivision plats of all or portions of the Property, together with the right to grant easements to others and such easements shall include, but shall not be limited to, the right to use the said Common Area to erect, maintain and use electric and telephone poles. wires, cables, conduits, sewers, water mains, and other suitable equipment for the conveyance and use of electricity, telephone equipment, gas. sewer. cable television, water or other public convenience or utilities and drainage and the right to cut any trees, bushes or shrubbery. make any gradings of the soil, or take any similar action reasonable necessary to provide economical and safe public convenience or utility installation or to provide for drainage and to maintain reasonable standards of health, safety and appearance and the right to locate wells, pumping stations and tanks. The rights granted to the Declarant pursuant to this section shall terminate upon

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the later of (i) the sale of all lots by the Declarant, or (ii) the sale of all Dwelling Units by the Builders and their express successors and assigns.

SECTION 5. EASEMENTS OVER LOTS. For so long as Declarant is the owner of any Lot, the Declarant hereby reserves unto itself the right to grant easements to itself or any other entity over each such Lot owned for purposes of ingress and egress to include driveways common to two (2) or more lots, drainage, utility. gas, telephone. cable TV and electrical services. With respect to easements thus granted, the Declarant shall have and does hereby retain and reserve tile right to release the Lot from the encumbrance of such easements; provided, however, that Declarant shall not h.ave the power to release any portion of a utility easement on a Lot without the consent of the utilities served thereby.

ARTICLE III MEMBERSHIP AND VOTING RIGHTS

SECTION'1. Every owner of a lot 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.

SECTION 2. The Association shall have two classes ,of voting membership.

CLASS A. Class A members shall be all owners. with the exception of the Declarant, and shall be entitled to one vote for each lot owned. When more than one person holds an interest in any lot, all such persons shall be members.'The vote for such lot shall be exercised as they determine,but in no event shall more than one vote be cast with respect to any lot.

CLASS B. The Class B members shall be the Declarant and shall be entitled to three (3) votes for each lot owned. The Class B membership shall cease and be converted to Class A membership on the happening of either of the following events. whichever occurs earlier; ,

(A) When the total votes outstanding in the Class A membership equal the total votes outstanding in the Class B membership or

(B) On December 31, 2009.

ARTICLE IV COVENANT FOR MAINTENANCE ASSESSM ENTS

. SECTION 1. CREATION OF THE LIEN AND PERSONAL OBLIGATION OF .

ASSESSMENTS. The Declarant. for each lot owned within the properties. hereby covenants and each owner of any lot by acceptance of a Deed thereof, whether or not it shall be so expressed in such Deed I is deemed to covenant and agrees to pay the

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Association: (1) annual assessments or charges (2) special assessment for capital improvements, if applicable: all such assessments to be established and collected as hereinafter provided. The annual and special assessments, together with interest, costs. and reasonable attorneys' fees shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made. The liens may be recorded in the Public Records of Polk County, Florida. Each such assessment, together with interest, costs, and reasonable attorney's fees, shall also be the personal Gbligation ofthe person who was the owner of such property at the time when the assessments fell due. The personal obligation for delinquent assessments shall not pass to his successors in title unless expressly assumed by them.

SECTION 2. PURPOSE OF ASSESSMENTS. The assessments levied by the Association shall be used to promote the recreation, health, safety and welfare of the residents in the properties and for the improvements and maintenance of the common areas. The assessment shall also be used to maintain the common areas and to maintain the Surlace Water Management System Facilities. Without limiting the above, the assessments may be used for the following purposes:

a. For the improvement, maintenance and operation of the Common Area, including, but not limited to, entry, features, parks, open spaces, buffer areas, walls and landscaping (including irrigation thereof), if any;

b. . For the payment of the operating expenses of the Association; c. For the payment of taxes, insurance, labor and eq'uipment; d. For the maintenance, repair or restoration of a Lot and the exterior

of the buildings and any other improvements erected thereon, but only to the extent provided for in Section 7(b) of Article IV hereof;

e. For the maintenance, repair or restoration of any portion of the stormwater management or drainage system on the Property which is not maintained by the County.

f. For the repayment of funds and interest thereon that have been or may be borrowed by the Association for any of the purposes set forth herein;

g. To establish and fund reserve accounts which the Association may choose to establish with respect to the maintenance, operation and improvements of the Common Areas, Common Facilities and all improvements and equipment located on the Common Property:

h. Doing any other things necessary or desirable in the judgement of the Association to keep the community neat and attractive or to preserve or enhance the value of the Property, or to eliminate fire, health or safety hazards. . .

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SECTION 3. MAXIMUM ANNUAL. Until January 1s1 of the year immediately following the conveyance of the first Lot to an Owner (but not a Builder), the maximum annual assessment by the Association shall be $275.00 per Lot.

(a) From and after January 1 SI of the year immediately following the conveyance of the first Lot to an Owner (but not a Builder), the maximum annual assessment may be increased by five percent (5%) above the maximum assessment for the previous year without a vote of membership.

(b) From and after January 1s1 of the year immediately following the conveyance of the first Lot to an Owner (but not a Builder). the maximum annual assessment may be increased above five percent (5%) of the maximum assessment for the previous year by a vote of two-thirds (2/3) of each class of Members who are voting in person or by proxy, at a meeting duly called for this purpose.

(c) The Board of Directors may, at its option, levy the annual assessment at an amountiessthanbut not in excess of the maximum annual·assessment, or may. levy the annual assessment in the amount of the maximum.

SECTION 4. SPECIAL ASSESSMENTS FOR CAPITAL IMPROVEMENTS. In addition to the annual assessments authorized above, the Association may levy ,in any assessment year, a special assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the common areas including fixtures and personal property related thereto, if any, provided that any such assessment shall have

. the assent of two-thirds 2/3) of the votes of each class of members who are voting in person or by proxy at a meeting duly called for this purpose.

SECTION 5. NOTICE AND QUORUM FOR-ANY ACTION AUTHORIZED UNDER SECTIONS 4 AND 5. Written notice of any meeting called for the purpose of taking any action authorized under Section 4 or 5 shall be sent to all members not less than fifteen (15) days nor more than sixty (60) days in advance of the meeting. At such meeting, the presence of members or of proxies entitled to cast majority of all votes of each class of membership shall constitute a quorum. If the required quorum is not present, another meeting may be called subject to the same notice requirements, and the required quorum at the subsequent meeting shall be one-half (Yz) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting.

SECTION 6. UNIFORM RATE OF ASSESSMENT. Both annual and ,special assessments must be fixed at a uniform rate for all lots. The Declarant 'and the Builders shall not be obligated to pay any annual or special assessments on any Lots which are not Developed Lots (as hereinafter defined). As long as there is a Class "B" memberShip, the Declarant and Builders will have the following options with respect to the annual assessments on Developed Lots (as hereinafter defined):

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(i) Option (i) The Declarant and Builders may pay the annual assessment at the rate of twenty-five percent (25%) of the rate fixed for Class lOA" membership on all unoccupied Lots owned by the Declarant and/or Builders,.and in addition, pay the difference, if any, between the total annual operating expenses of the Association and the amount of the annual assessments req uired to be paid pursuant to this Article; or

(ii) Option (ii) The Declarant and Builders may pay 50% of the full rate of annual assessment at which time the obligation to pay the difference between expenses and annual assessments will cease,

The Declarant and the BLliiders shall be bound to pay annual assessments in ~ccordance with Option (i) above until such time as the Declarant gives written notice to the Association that Option (ii) above will be the method of fixing assessments against the Declarant and the Builders. So long as Option (i) above applies to the Declarant and the Builders, the additional payment, if any, due to the Association shall be paid by them on a pro rata basis based on the total number of Lots owned by them as of the date of any invoice from the Association requiring such additional payment. As used herein, "Developed Lots" shall mean Lots upon which a building permit has been issued by Polk County, Florida.

(b) INITIAL CONTRIBUTION OR ASSESSMENT. Declarant and the Association shall have the power to require and collect trie payment of an initial contribution or assessment upon the purchase of a Lot.

(c) SINGLE LOT SPECIAL ASSESSMENTS. In addition to the annual and special assessments authorized herein, the Association may levy in the manner hereihafter set forth a Single Lot Special Assessment applicable only to a specific Lot that has failed to meet its maintenance obligations set forth in Article V hereof. In the event an Owner of any Lot in the Property shall fail to maintain his Lot and tile exterior improvements situated thereon in accordance with the maintenance obligations set forth in Article VI hereof, then the Association. after approval by two-third (2/3) vote of the Board of Directors and thirty (3D) days written notice to the Owner, shall have the right, through its agents and employees, to enter upon said Lot and to repair, clear. trim, maintain and restore the Lot and the exterior of the buildings and any other exterior improvements erected thereon. The cost of such Lot clearing and exterior maintenance shall be added to and become part of the assessment to which sU,ch Lot is subject. which shall be due and payable thirty (30) days from the'date said assessment is made. Such Single Lot Special Assessment shall be treated as a Special Assessment applicable only to such Lot and the Association shall have the rights and powers of collection as provided in this Article. The provisions of Sections 4 and 6(a) of this Article shall not

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of a lower court decision.

SECTION 9. SUBORDINATION OF THE LIEN TO MORTGAGES. The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage. However, the sale or transfer of any lot pursuant to mortgage foreclosure or any proceeding in lieu thereof, shall extinguish the lien of such assessments as to payments which became due prior to such sale or transfer. No sale or transfer shall relieve such Lot from liability for any assessments thereafter becoming due or from the lien thereof.

SECTION 10. EXEMPT PROPERTY. The following property subject to this Declaration shall be exemptfrom assessments, charges and liens created herein; (i) all property to the extent of any easement or other interest therein dedicated and accepted by local public authority and devoted to public use; (ii) all Common Areas; conservation area and dedicated area; and (iii) all property exempt from taxation by the laws of the State of Florida, upon the terms and to the extent of such legal exemptions.

ARTICLE V ARCHITECTURAL CONTROL

SECTION 1. REVIEW BY ARCHITECTURAL REVIEW COMMITTEE. No building or modification or addition thereto, fence, wall, pool, landscaping or other structure shall be commenced, constructed, erected or maintained upon any Lot, nor shall any exterior addition to or change or alteration therein be made t6 the Lot, Dwelling Unit or Commercial Structure unless it is in compliance with applicable regulations and unless and until the plans and specifications showing the nature, kind, shape, height, materials, color, and location of the same shall have been submitted to and approved in writing, as to harmony of external design and location in relation to surrounding structures and topography, by the Architectural Review Committee.

SECTION 2. PROCEDURE FOR REVIEW. Any Owner needing the approval of the ARC shall deliver an application or request for action to the ARC by certified mail with return receipt requested or by hand delivery with signed receipt, together with a floor plan, landscaping plan. site plan and abbreviated specifications, including exterior

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SECTION 3. COMPOSITION OF ARCHITECTURAL REVIEW COMMITIEE.

(a) The ARC shall have three (3) members who shall initially be appointed by the Declarant. The members appointed to the ARC do not need to be Owners. So long as the Declarant and/or Builders maintain a controlling vote of the membership 'of the Association under the terms of Article III hereof, the Declarant shall be entitled to appoint all members of the ARC and any successor members; provided, however, the Declarant shall at any time have the right to waive its right to appoint the members of the ARC. The members of the ARC shall be appointed for staggered three (3) year terms; provided, however, the initial members of the ARC appointed by the Declarant shall serve so long as Declarant has the right to appoint all members of the ARC. In the event of death. resignation. inability to serve, or other vacancy in office of any member oUhe ARC, the Declarant shall promptly appoint a successor member of the ARC who shall serve at the pleasure of the Declarant.

(b) After the end of the term during which the Declarant may appoint all the members of the ARC, the Board of Directors of the Association shall have the right to appoint the members of the ARC. In the event the Board of Directors fails to appoint members to the ARC, the Board of Directors itself shall comprise the ARC. Members of the ARC shall serve at the pleasure of the Board of Directors_

SECTION 4. POWERS. The Architectural Review Committee shall have the following duties and powers:

(a) To review and approve or disapprove all buildings. fences. walls, pools or other structures which shall be commenced, erected or maintained upon the Property and to approve any exterior additions to or changes or alterations therein. For any of the above, the Committee shall be furnished plans and specifications showing the nature, kind, shape, heights, materials, color, and location in relation to surrounding structures and topography;

(b) To review and approve or disapp,rove any such building plans and specifications. Lot grading plans, landscaping plans and other materials submitted pursuant to Article V, Section :2 above. The Committee may disapprove the proposed improvements if. in its sole discretion, the Committee determines that the proposed improvement is inconsistent with the development plan formulated by the Declarant or Builder for the Property or lands contiguous

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thereto. Such decision of the Committee may be made upon purely aesthetic reasons;

(c) To require to be submitted to it for approval any samples of building materials proposed or any other data or information necessary to reach its decision.

SECT~ON 5. EXEMPTION FOR DECLARANT AND BUILDER. Notwithstanding anything contained herein, for as long as Declarant or Builder o'wn fee title to any Lot. this Article V shall not apply to or bind either Declarant or Builder. This provision may not be modified, amended, or deleted without the express, written consent of the Declarant and any Builder for so long as they own any Lot.

ARTICLE V USE RESTfUCTIONS

1. Each lot shall be used expressly and exclusively for one (1) detached single family private residence and no lot may be redivided so that it shall contain more than one (1) single family detached dwelling unit. No building (s) or tents shall be erected, placed or permitted to remain on any lot other than (1) detached single family private residence and garage(s) as provided herein. No garage(s) shall be erected on any lot prior to construction of the main residence and none shall be used at anytime for residential purposes. .

2 .. No business activity shall be conducted or carried on in connection with the usage of any lot or within the Subdivision. Further, no signs of any character may be exhibited or displayed upon any lot or the improvements thereon except a sign of a reasonable display area may tastefully identify the owner of the residence, with the further exception that sign(s) of not more than five (5) square feet may be tastefully exhibited or displayed with the additional limitation that only one (1) sign may be used in advertising the property for sale or rent, or by the Owner, a builder, subcontractor. licensed real estate broker or financial institution promoting their interest(s) duri,.,g the period of improvement, construction, or marketing.

3. All residences shall contain a minimum of 1,,100 square feet. All square footage shall be measured by outside dimensions, exclusive of garages, porte­cocheres, patios, screened or unscreenedporches and covered or uncovered walkways, breezeways and approaches.

4. Each residence shall contain a minimum enclosed standard' double-car garage not less than twenty (20) linear feet in width. No garage may be screened. Each garage shall have garage doors for ingress and egress purposes which shall be movable with an automatic garage door opener device electronically operated and

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maintained in good operating condition. Each garage shall be architecturally integrated as a part or as an extension of the residence and attached thereto to confirm architecturally therewith. The driveway from each garage to the platted roads within the Subdivision shall be constructed of concrete, asphalt, or brick, shall be adequate width for vehicular use, and shall be in keeping and be maintained by the residence owner so as not to degrade the value of the residence or adjacent properties in the Subdivision.

6. All construction on each lot shall be new conventional construction. No used buildings or structures shall be moved onto any lot, nor shall there be any storage of building sLlpplies on any lot unless used in immediate construction. The exterior of any building or structure shall be properly finished by painting, stucco, brick, wood­treatment, or other similar treatment and in keeping with other residences in the Subdivision. No fake brick finish shall be permitted. No unfinished exposed concrete block walls shall be permitted. No prefabricated, modular. geodesic-dome, or elevated stilt type residence shall be allowed to be constructed within the Subdivision.

7. Outbuildings shall be permitted if they are approved by the Declarant and substantially follow the architectural design of the main structure approved. Approval shall be obtained in the same manners as provided in Section 2 of Article V above.

8. Receptacles for mail and/or paper d.eliveries placed adjacent to or upon the right-of-way of the Roadways within the Subdivision by a lot owner in the Subdivision shall meet the requirements of the United States Postal Service. if any. and shall be enclosed and architecturally match finish of exterior of residence. There shall be no permanent receptacles for garbage and/or trash located in the front-yard or side yard abutting a Roadway of any lot on or adjacent to the right-of-way of the Roadways within the Subdivision. In addition, all receptacles for garbage and trash, except during the days of scheduled pick-up shall be located as not to be visible by vehicular traffic traveling along the Roadways within the Subdivision.

9. No above ground pools may be installed on any lot. All pools must be fully enclosed by fences. wall enclosures or screened enclosures. all with lockable doors.

10. The fencing of any Lot shall be limited to fencing of the backyard only. All fenCing shall commence at the rear corners of a Dwelling. shall be of board on board construction and shall not be higher than six (6) feet. Notwithstanding the foregoing. or anything contained herein to the contrary. any fencing along a property line which abuts a lake or conservation area must. if they are fenced, have that portion of the fence which runs parallel to the lake or conservation area. constructed with gr~en vinyl-clad chain-link fencing no higher than four (4) feet. Any fencing which cOllf1ects to the green vinyl clad chainlink fence shall be board on board and shall nol exceed four (4) feet in height.

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11. Each owner of a lot agrees to maintain and trim the vegetation in the road­right·of -way adjacent to each owner's lot and agrees to maintain and trim the vegetation located within aI/ drainage swales and all easements located on each owner's lot. Each lot owner agrees to not change the design of the drainage/ retention areas and easements and swales. Each lot owner understands that lands in the vicinity of the drainage/retention areas and swales and easements may be subject to temporary standing water when conditions decrease the rate of percolation and drainage runoff.

12 .. The Declarant to ensure that the landscaping is acceptable within the Subdivision establishes the following:

All areas on each lot not covered by improvements, driveways, parking areas and walkways shall be properly landscaped within a period of one (1) month after . completion of the construction of the residence on such lot. Additionally, within one (1) month after completion of the construction of the residence on a lot, all lot yards of subject residence mustbe sodded and/or planted in vegetative ground cover and an· . underground sprinkler system for all yards and landscaped areas must be installed. Subject sprinkler system shall be properly ~naj;,:ained in good working order. The irrigation system shall utilize the County's leusdble water. Potable water shall not be used in the irrigation systems. All landscaped, sodded and vegetative ground cover areas shall be maintained and good horticulture standards shall be observed in the maintenance of same.

Residences shall be located on lots so as to minimize the necessity for removing trees from the lot. Except for removal of trees located where the residence and improvements will be constructed and except where removal of trees is approved in advance in writing by Declarant, as long as Declarant shall own a lot in the Subdivision, or until such time as Declarant shall file a written document conveying this right to the THE PRESERVE AT SUNDANCE Homeowners Association, Inc., no trees having a diameter of 6 (six) inches or more, measured twelve (12) inches above the ground level, shall be removed from any lot. Trees on lots shall be maintained in a good and healthy condition including'protection against infestation and insuring proper fertilization.

13. All telephone, electrical and cable services to any residence must be underground from the point of distribution to the residence. No aerials of any kind or television antenna.s shall be permitted on any lot in the Subdivision. However, one small personal satellite dish per dwelling shall be allowed not exceeding twenty-four (24) inches in diameter mounted on the rear side of the roof of the dwelling constructed and maintained in good condition and in a location so as not to be vis!bre from the street abutting the dwelling.

14. All motor vehicles located on any lot shall carry a current year's license tag registration. No house-trailers, mobile homes, Rvsor campers shall be parked on any

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lot at any time. Further, there shall be no parking of any trucks of any nature, other than pick-up trucks or vans upon a lot. No vehicles may be stored upon any lot. Additionally, boats and boat trailers must be stored in the garage. No vehicles, campers or boats on a lot may be used at any time for residential purposes. All motor vehicles, cycles and other engine-run apparatus located and/or run within the Subdivision by a lot owner, their guests and/or ,invitees, will carry legal sound control devices as prescribed by the manufacturer.

15.' No livestock, poultry or other farm animals of any kind shall be raise,d, bred, or kept on any lot. Dogs, cats and other household pets may be kept on a lot provided that they are reasonable in number and that they are not raised, kept,bred or maintained for any commercial purposes and that proper restraint and control by use of a leash and/or secure enclosure are used in the keeping of them. No agricultural activities on a lot shall be permitted which results in the sale of an agricultural product grown on the premises whether sold in or out of the Subdivision.

16. No lot without a house constructed thereon shall be used for parking purposes nor shall any lot be used, without express written permission of Declarant and/or the THE PRESERVE AT SUNDANCE Homeowners Association, Inc., for ingress, egress, utility and/or drainage purposes to adjacent property. No major alteration of ground elevation shall be permitted on any lot. No lot owner shall construct outdoor clotheslines or expose fuel tanks on a lot. Each lot owner shall be responsible for lot and yard maintenance and shall, whether or not improvements shall have been constructed thereupon, maintain the upkeep thereof keeping the same free of debris, trash, unsightly weeds and litter.

17. The integrity of the drainage design of the Subdivision must be maintained, and no lot owner shall impair or divert any manmade drainage/retention areas and/or easements within or adjacent to the Subdivision. Prohibited activities include, but are not limited to: digging or excavations; depositing fill, debris' or any other material or item; constructing or altering any water control structure; or any other construction to modify the surface water management system facilities.

18. No building or improvements which has been partially or totally destroyed by fire or other casualty shall be allowed to remain in such state for more than six (6) months from the time of such destruction. If not reconstructed or repaired within six (6) months from the date of the fire or casualty, the owner shall raze and remove the building or improvements from the lot promptly thereafter. The building of every residence, structure or other improvement upon a lot shall be diligently and continuously pursued until completed by a lot owner and may not be abf!ndoned without compl~tion. "

19. No noxious activity, trade or business of any sort shall be carried on upon any lot; nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood; nor shall any use be made of any lot that

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will in any way injure the value of any adjoining lot or the Subdivision as a whole,

20. Nothing contained herein shall prevent the present Declarant, its successors or assignees and/or designees from doing or performing o,n all or any part of the Subdivision not conveyed and/or transferred what may be determined to be necessary or advisable to complete and/or market the Subdivision development and/or the residential construction therein, including without limitation.

(a) Erecting. constructing and maintaining model residential units as may be necessary for the completing of the development and establishing it as a residential community and disposing of its lots or residential units through sale. lease, or otherwise; including without limitation to the promotion of all or a part of the Subdivision in a Parade of Homes or similar marketing endeavor(s); and

(b) Erecting, constructing and maintaining a separate sales office(s) within the Subdivision, within a model residential unit constructed in the Subdivision.

(c) Maintaining such signs thereupon and other advertising media as may be necessary in connection with the sale, lease or other transfer of the development in either lots and/or residential units to third parties. .

21. The present Declarant and/or its assigns reserves the right to:

(a) grant, convey, and/or dedicate and/or to expand the use and benefit of all easements contained in these Restrictions and within the Plat of this Subdivision or that may hereafter be imposed upon any property contained within this Subdivision by the Owner and/or its assigns to use and benefit of THE PRESERVE AT SUNDANCE Homeowners Association, .Inc., its membership, guests and/or invitees.

22. No boats or docks shall be allowed on any Conservation Area or pond.

ARTICLE VI GENERAL PROVISIONS . .

SECTION 1. ENFORCEMENT. The Association, or any owner shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of the Declaration. Failure by the Association or by an owner to enforce any covenant or

Page 15

/

PO~' OR BE: 04935 PG 1509

restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. The prevailing party in any action brought to enforce these covenants, conditions and restrictions shall be entitled to recover a reasonable attorney's fees

, SECTION 2. SEVERABILITY. Invalidation of any of these covenants or restrictions by Judgment or Court Order shall in no wise affect any other provisions which shall remain in full force and effect.

SECTION 3. AMENDMENT. The covenants and restrictions of this Declaration shall run with end bind the land, for a term of twenty-five (25) years from the date this Declaration is recorded, after which time they shall be automatically extended for successive periods of ten (10) years. This Declaration may be amended during the first twenty-five (25) year period by an instrument signed by two-thirds (2/3) of the lot owners, and thereafter by an instrument signed by not less than seventy-five (75%) percent of the lot owners, except that any amendment which would affect the surface water management system, including the water management portions of the common are. must have the prior approval of the Southwest Florid Water Management District or its successor agency. Any Amendment must be recorded in order to be valid and . enforceable.

Declarant anticipates and may accomplish platting and developing additional lots under other phases of THE PRESERVE AT SUNDANCE, or properties adjacent to THE PRESERVE AT SUNDANCE, and therefore, Declarant, its successors and assigns retain and reserve the right to amend this Declaration of Restrictions together with, but not limited to the Articles of Incorporation of THE PRESERVE AT SUNDANCE Homeowners Association Inc., a Florida Non-profit corporation, and its by-laws, without notice and without the authorization or consent of any lot owner. for the purpose of incorporating additional phases into THE PRESERVE AT SUNDANCE Subdivision as such additional phases are developed.

SECTION 4. VA APPROVAL As long as there is a Class B Membership. the following actions will require the prior approval of the VA: Annexation of additional properties, dedication of common area or private drives., and Amendment of this Declaration of Covenants. Conditions and Restrictions.

ARTICLE VII

The common areas may not be mortgaged or conveyed without the consent of two~thirds (2/3) of the lot owners, excluding the Developer, so long as the Developer is a Class B Member. Upon recordation by Declarant, its successors or assigns, of notice that additional lands have been included as additional phases of THE'PRESERVE AT SUNDANCE, -the Lot Owners in the additional phases shall automatically become members of the PRESERVE AT SUNDANCE Homeowners Association, Inc.

Page 16

pc: .• OR BK 04935 PG 1510

DECLARANT'S ADDITIONAL RESERVED RIGHTS. The Declarant has reserved certain rights in this Declaration concerning the development of the Property. obtaining exceptions to certain provisions of this Declaration, reviewing plans and specifications. granting approvals to owners of lots, and amendment of these Restrictions. The Declarant may assign and transfer such rights, provided such transfer is made in connection with the sale by the Declarant of all the Declarant's then interest in the Property. Declarant may, however, at anytime assign or transfer such rights to THE PRESERVE AT SUNDANCE Homeowners Association, Inc.

MASTER ASSOCIATION. Declarant may require that this Association become a member of a Master Association which Master Association shall maintain certain common areas within the general development known as Sundance. Declarant may, without notice and without authorization or consent of any Lot owner, require the members of this Association to automatically become non-voting members of the Master Association. It is anticipated that this Association will elect one (1) member to represent this Association and vote at meetings of the Master Association.

IN WITNESS WHEREOF, the un~ned. bein9....!be Declarants herein, have hereunto set their hands and seal this, · day of ,...J CMoi A C1/:,,I\ , 2002.

6' Signed. sealed and 'delivered in the presence of:

THE FOREST GROUP. LLP

Page 17

STATE OF FLORIDA COUNTY OF Polk

PO~ OR BK 04935 pc; 1511

I hereby certify that on this day, before me, an officer duly authorized in the State and County afores~ to take acknowledgments, personally appeared (.A):, I~ev E, En",f.; j 3:-. ____ , as ~(@~\dQ..;± of THE FOREST GROUP, LLP, who is -

personally k~own to me and did not take an oath~~ ~

!.f' Notarr Public, Stitt or Florida NOTARY PUB L C ij)~".?' D. BRIAN KUEHN!" ... -""'""'" -.~ -

!.: I My comm.explrls Aprll7 t 2002 "<'.Ii Comm, No, CC721886

OBRIAN KUEHNIR :~\ Notary r ",bile, Stlte 01 Florida

1 My ·comm. expires April 7. 2002 . Ccmm, No. CC721886 (1)-. D. BRIAH KUEHNER

~ l Notary PllbU~t Stat. of F;~':I'" . '(( My comm.llCpI,., A;'." "

_____ co_mm_._N_o. C(' .. ~

Page 1.8

r ,~z ORBK 04935 PG 1512

EXHIBIT "A"

Lots 1 through 109 of THE PRESERVE AT SUNDANCE. according to the plat or map thereof described in Plat Book 116. pages 44 and 45 I of the Public Records of POLK County. Florida.

Page 19

POrv OR BX 04935 PG 1513

CONSENT AND JOINDER

The undersigned, as the Mortgagee of various Lots within THE PRESERVE AT SUNDANCE, as recorded in Plat Book 116, Pages 44 and 45, the Public Records of Polk County, Florida, hereby consent(s) and join(s) in the attached Declaratioriof Covenants, Condition and Restrictions for The Preserve at Sundance.

L~·~· WIDI'lS· '-/fic!t,"'JC<.1 /liIA1 (2.k;)

WITNESS

STATE OF -=' ....:A~ot:..r~\Mdo......;..-_ COUNTY OF _L..:Po::..:..I.&...;t< __

The foregoing DECLARATION OF COVF;NANTS, CONDITIONS AND RESTRICTIONS,wa!J acknowledged before me this II day of te...~~. 2002, by , Ed ~ g. u.;t".e...~ _:::-::_~_--:-_--:-_~=-_~' as Sr ~B'. of THE HUNTINGTON NATIONAL BANK, who is lare ersonall nown to me or who has/have produced

as I entification. ---------------------

A-;r~:·~.... Susan Jayne Ngo (:f'tt;.. ? M~' COMMISSION # CC76263~ EXPIRES 1~"~_'!l! ,July 27,2002 \t.j';;.~~'" BONOfDll-\RUTROYFAlNINSURNICE,INC

··~II ... i\1

, ,

P.rTl{ OR BIt 04935 PG 1514

CONSENT AND JOINDER

The undersigned, as the Owner(s) of Lots 12, 16, 55,56,57, and 78, THE PRESERVE AT SUNDANCE. as recorded in Plat Book 116, Pages 44 and 45, the Public Records of Polk County, Florida, hereby consent(s) and join(s) in the attached Declaration of Covenants, Condition and Restrictions for The Preserve at Sundance.

STATE OF PIn; ~4, COUNTY OF OS(,eitlc."

American Heritage Homes USA, Inc.

The foregoing DECLARATION OF COVE;:NANTS, CONDITIONS AND RESTRICTIONS was acknowledged before me this iJ-~ day of ,:?<6.·tU:d" ' 2001, by G i!.~.5 c &(vw?u Ire _____________ , as Cc'> ,) / 'v e ' Of AMERICAN HERITAGE HOMES USA, INC., a Florida corporation, on behalf 6f the corporation , wh0..ls lare personally known to ."}!Lor who has/have produced C. a: =:. . .

=»Ld.t~<t~"1'6~r1' Notary Public ,

rn/t.A,.//~,: !tu/Je.M Printed Name of Notary Public I

POk.. OR. BK 0.4935 PG 1515

CONSENT AND JOINDER

The undersigned, as the Mortgagee of various Lots within THE PRESERVE AT SUNDANCE, as recorded in Plat Book 116. Pages 44 and 45, the Public Records of Polk County, Florida, hereby consent(s) and join{s) in the attached Declaration of Covenants, Condition and Restrictions for The Preserve at Sundance.

WITNESS!?A?dAJ.:E I,' /N5.

STATE OF Flw,'glO" COUNTY OF 'sew.. i Vkf>/c.c

Washington Mutual Bank. F.A., successor by mergerto Bank United

The foregoing DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS was acknowledged before me this I"tth. day of +e!,:u.:u= ' 2002, by ..::::?&~hc:.t"I ::::r: 3?u+W" ...." ____________ .. as W~~J.,f of WASHINGTON MUTUAL BANK, FA. SUCCESSOR BY MERGER TO BANK UNITED, who is Jare personally known to ~ or who has/have produced as identification.

s=1.?:(~/ Notary Public

Printed Name of Notary Public

. .