DECLARATION OF  RESTRICTIVE COVENANTS, CONDITIONS, AND RESTRICTIONS FOR SPRING LAKE FARMS, AN APPROVED UNPLATTED CLASS I SUBDIVISION IN SECTION 16, TOWNSHIP 23 SOUTH, RANGE 20 EAST, HERNANDO COUNTY, FLORIDA

DECLARATION ADOPTED

Effective as of May 8, 2002, this Declaration of Restrictive Covenants, Conditions, and Restrictions for Spring Lake Farms, an Approved Unplatted Class I Subdivision in Section 16, Township 23 South, Range 20 East, Hernando County, Florida, hereinafter referred to as the Declaration, is entered into by AAM Family Limited Partnership, a Georgia limited partnership authorized to do business in the State of Florida (AAM), by and through McKethan Holdings, Inc., a Florida corporation (MHI), its sole general partner (AAM and MHI being hereinafter collectively referred to as the Developer).  
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RECITALS

WHEREAS, the Developer is the owner of certain property (the Property) described as the Parent Tract in the Legal Description Addendum attached hereto as Exhibit “A” and incorporated herein by reference as fully as if set forth in full text; 

WHEREAS, the Property has been surveyed, as hereinafter recited, and divided by the Developer into an unplatted subdivision known as Spring Lake Farms (the Subdivision), which Subdivision has been approved by Hernando County, Florida (the County), as a Class I Subdivision pursuant to the County’s Land Development Regulations (the LDR’s), as reflected in the letter dated April 29, 2002, from Robert Amison, of the County’s Planning Department, to Robert A. Buckner, the Vice-President of MHI, hereinafter referred to as the Approval Letter, a copy of which Approval Letter is attached hereto as Exhibit “B” and incorporated herein by reference as fully as if set forth in full text;

 WHEREAS, the Subdivision consists of eight (8) lots (hereinafter referred to as the Lots), and two (2) vehicular and utility access tracts (hereinafter referred to as the Access Tracts), collectively referred to hereinafter as the Parcels, each as described in the Legal Description Addendum (Exhibit “A”);

 WHEREAS, an Affidavit of Surveyor (the Affidavit) executed on May 6, 2002 by David T. York (the Surveyor), Florida Professional Land Surveyor and Mapper, P.S.M. No. 5875, of Global Surveying, P. A., together with a map or plat of survey (the Survey) of the Subdivision (as approved by the County), which Survey is signed and sealed by the Surveyor as of April 24, 2002, are attached hereto as Composite Exhibit "C" and incorporated herein by reference as fully as if set forth in full text;

WHEREAS, the Developer desires and hereby intends to place covenants, conditions, restrictions, easements, and affirmative obligations (collectively hereinafter referred to as the Covenants) upon the use of the Property and each of the Parcels, for the purpose of enhancing and protecting the value, attractiveness, and desirability of the Lots and in order to keep and maintain the Access Tracts in a safe, usable, and passable condition.
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PUBLICATION

Now, therefore, the Developer, for itself and its successors, legal representative, grantees, and assigns, and pursuant to the Approval Letter, does hereby publish, proclaim, and declare covenants, conditions, and restrictions both with regard to and for both the Property (including each and every of the Parcels thereof) and the Subdivision, as follows:  
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ARTICLE I

IMPOSITION OF COVENANTS 

1            Imposition of Covenants.  Covenants are hereby imposed on the Parcels, upon the terms hereafter set forth and provided in this Declaration.

1.1              Recitals Incorporated.  The above Recitals are incorporated by reference, as representations and warranties, in, and made a part of, this Declaration and the Covenants imposed hereby, as fully as if same were set forth in full text. 

1.2            Parcels Subject to Declaration and Covenants.  The Property, and each and every of the Parcels thereof, shall hereafter be held, sold, and conveyed, or otherwise transferred subject to the Covenants set forth in, and all other provisions of, this Declaration, to which the Property and each Parcel (including, but not limited to, each Lot), and all interests therein, shall be subject, regardless of whether reference to this Declaration is made in any deed, mortgage, or other document and/or instrument of conveyance relating to any interest in or to the Property or any Parcel thereof. 

1.3            Covenants Run With Property.  All provisions of this Declaration, and each and every of the Covenants hereof, shall be appurtenant to and run with the Property and each of the Parcels thereof, and shall bind all immediate and remote heirs, successors, and assigns of the Developer (including the Owners, as hereafter defined) upon the voluntary or involuntary conveyance or other transfer, by deed, gift, operation of law, or otherwise, of any interest in any Parcel of the Property and/or Subdivision to any such heir, successor, or assign. 

1.4            Declarations and Covenants Binding on Owners and Others.  This Declaration, and each and every of the Covenants hereof, shall be binding on all persons and/or entities at any time having or acquiring any legal and/or equitable right, title, or interest in or to any Parcel of the Property. 

1.5            Exhibits are Part of Declaration.  Each and every of the Exhibits attached hereto is to be deemed to be part of this Declaration, and each reference to this Declaration shall be deemed to include a reference to the Exhibits hereto. 
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ARTICLE II

DEFINITIONS

2            Defined Terms.  The following words and terms, when used in this Declaration, in any supplemental or amendatory declaration, or in any document making reference and/or attached as an Exhibit hereto and/or thereto, shall have the following meanings: 

2.1              Declaration.  The term Declaration shall mean and refer to this Declaration of Covenants, Conditions, and Restrictions for Spring Lake Farms, an Approved Unplatted Class I Subdivision in Section 16, Township 23 South, Range 20 East, Hernando County, Florida. 

2.2            Covenants.  The terms Covenant and/or Covenants shall mean and refer to one or more or all, as the context and content of the use thereof requires, of the covenant, restrictions, easements, affirmative obligations, conditions, rules, and/or regulations imposed by and/or for which provision is made in this Declaration. 

2.3            County.  The term County shall mean and refer to Hernando County, Florida, a political subdivision of the State of Florida.                       

2.4            LDR and/or LDR’s.  The terms LDR and/or LDR’s shall mean and refer to one of more or all, as the context of the use thereof requires, of the County’s Land Development Regulations. 

2.5            Developer.  The term Developer shall mean and refer collectively to both AAM and MHI, and each of their respective successors to and assigns (not including Owners as defined at Section 2.7, below) of both title to one or more of the Parcels and of the benefits, duties, and obligations accruing or to accrue to the Developer under this Declaration. 

2.6            Property.  The term Property shall mean and refer to the real property described as the Parent Parcel in Exhibit "A" attached hereto. 

2.7             Owner.  The term Owner shall mean and refer to the owner or owners (collectively, if more than one) of record, other than the Developer (as defined in Section 2.5, above), of the legal and/or equitable title to any Lot, regardless of whether same is constituted by one (1) or more persons and/or firms and/or entities. 

2.8             Surveyor.  The term Surveyor shall mean and refer to David T. York, Florida Professional Land Surveyor and Mapper, P.S.M. No. 5875, of Global Surveying, P.A., Inc. 

2.9             Affidavit.  The term Affidavit shall mean and refer to the Affidavit of Surveyor executed on May 6, 2002 by the Surveyor, and attached (along with the Survey) as part of Composite Exhibit “C” to, and recorded with, this Declaration in the Public Records of the County, and incorporated herein by reference in the fourth (4^th) Recital on Page 1, above.

2.10            Survey.  The term Survey shall mean and refer to the plat or map of survey of the Property, and of each of the Parcels thereof, a copy of which, as signed and sealed by the Surveyor on April 24, 2002, attached (along with the Affidavit) as part of Composite Exhibit “C” to, and recorded with, this Declaration in the Public Records of the County, and incorporated herein by reference in the fourth (4^th) Recital on Page 1, above. 

2.11            Lot and/or Lots.  The terms Lot and/or Lots shall mean and refer to any one or more or all, as the context of the use thereof requires, of the eight (8) Lots described in the Survey, including any amendment by the Developer to the descriptions of any thereof. 

2.12            Access Tracts.  The terms Access Tracts shall mean and refer to the sixty foot (60') wide Access & Utility Tracts described in the Survey, designated Parcels A-1 and A-2 therein, and reserved for ingress to and egress from the Access Tract Lots. 

2.13            Access Tract Lot and/or Access Tract Lots.  The terms Access Tract Lot and/or Access Tract Lots shall mean and refer to one or more or all, as the context of the use thereof requires, of the Lots that adjoin an Access Tract, regardless of whether any such Lot also adjoins Powell Road (specifically, Lots 1 through 7, inclusive). 

2.14            Powell Road Lot and/or Powell Road Lots.  The terms Powell Road Lot and/or Powell Road Lots shall mean and refer to one or more or all, as the context of the use thereof requires, of the Lots that adjoin Powell Road and do not adjoin any Access Tract (specifically, Lot 8, only). 

2.15            Parcel and/or Parcels.  The terms Parcel and/or Parcels shall mean and refer to any one or more or all, as the context of the use thereof requires, of the Lots and the Access Tracts, collectively. 

2.16            Swale and/or Swales.  The terms Swale and/or Swales shall mean and refer to the structures, depressions, and/or ditches, including any culverts installed therein by either the Developer or others (including any Owner), lying and being on either side, and within the sixty foot (60') width, of the Access Tracts, regardless of whether installed and/or constructed by the Developer or by the Owners. 

2.17              Surface Water Management System.  The term Surface Water Management System shall mean and refer to all structures designed and installed for facilitating the movement, storage, retention, and/or treatment of water either falling upon or flowing across the surface of the Property, including, but not limited to, any mitigation areas required and/or permitted by the Southwest Florida Water Management District (hereinafter referred to as the SWFWMD), and all Swales, culverts, ditches, drainage retention areas (DRA’s), and related appurtenances, regardless of whether installed and/or constructed by the Developer or by the Owners.

2.18            Title.  The term Title shall mean and refer to the fee simple title to a Parcel, and, with regard to the Access Tract Lots, shall include either an undivided one-third (1/3 or 0.333) undivided interest in and to the Access Tract designated as Parcel A-1 (specifically, Lots 1 through 3, inclusive), or an undivided one-fourth (1/4 or .250) undivided interest in and to the Access Tract designated as Parcel A-2 (specifically, Lots 4 through 7, inclusive), regardless of whether reference to same is made in the deed, mortgage, or other document by which the Title to, or any other interest in, an Access Tract Lot is transferred and/or conveyed, subject to divestment of Title to said undivided interest in the Access Tract as, and if, hereinafter provided. 

2.19            Maintain and/or Maintenance.  The terms Maintain and/or Maintenance shall mean and refer to the permanent and constant keeping both of:  the Access Tracts, including but not limited to the Swales (as defined in Section 2.16, above) and/or any other improvements in and/or to the Access Tracts, in a condition of repair reasonably necessary and appropriate to serve the needs and uses of the Access Tract Lot Owners; and of those portions of the Property constituting the Surface Water Management System (as defined in Section 2.17, above) in a condition of repair reasonably necessary and appropriate to comply with the policies and regulations of the SWFWMD regarding those portions of the Property. 

2.20            Easements Reserved for Utility Purposes.  The term Easements Reserved for Utility Purposes shall mean and refer to the ten foot (10') wide easements reserved along each boundary line of each Parcel, to facilitate the location of and future placement of utility facilities. 

2.21            Dwelling and/or Dwelling Unit.  The terms Dwelling and/or Dwelling Unit shall mean and refer to a single-family residential structure, together with other structures customarily incidental thereto, constructed, installed, erected, or developed on one or more of the Lots. 

2.22             Modular Home and/or Mobile Home.  The terms Modular Home and/or Mobile Home shall mean and refer to a structure built on an integral chassis, transportable in one (1) or more sections, and designed to be used as a Dwelling when installed and connected to required utilities, regardless of which governmental agency issues a license or permit therefor, and reference to one shall include reference to the other. 

2.23             Garage.  The term Garage shall mean and refer to an enclosed structure, or a portion of a structure, designed and built for the purpose of housing at least two (2) vehicles the primary use of which is the transport of passengers on the public roads and highways. 

2.24            Living Area.  The term Living Area shall mean and refer to those portions of the structure of a Dwelling that are interconnected and fully enclosed and protected from the elements, and that are (or commonly would be) centrally heated and cooled spaces intended for all season human occupancy.  The term Living Area does not include either Garages, porches, lanais, cabanas, screen rooms, outside access storage areas, breezeways, walkways, patios, pools, pool decks, and other similar areas or spaces, either attached to the Dwelling or connected to the Dwelling by any of same. 

2.25            Pet and/or Pets.  The terms Pet and/or Pets shall mean and refer to any one or more or all of those animals allowed by the County pursuant to its LDR’s to be kept and/or Maintained in a Residential Zoning District. 

2.26              One-Hundred (100) Year Flood Event.  The term One-Hundred (100) Year Flood Event shall mean and refer to the flood event that has a one percent (01.0%) chance of recurring in any one year.

2.27              One-Hundred (100) Year Flood Elevation.  The term One-Hundred (100) Year Flood Elevation shall mean and refer to the highest elevation of flood waters during the One-Hundred (100) Year Flood. 

2.28            One-Hundred (100) Year Flood Plain.  The term One-Hundred (100) Year Flood Plain shall mean and refer to the area either inundated during a One-Hundred (100) Year Flood Event, or identified by the National Flood Insurance Program (the NFIP) as being either an A-Zone or a V-Zone on either the Flood Insurance Rate Map (the FIRM) or the Flood Hazard Boundary Map. 

2.29            Base Flood Elevation.  The term Base Flood Elevation (the BFE) shall mean and refer to the vertical height above mean sea level, measured by reference to the National Geodetic Vertical Datum (the NGVD), to which water is expected to rise in a One-Hundred (100) Year Flood Event, and shall be determined for any proposed development site by reference to the Federal Emergency Management Agency (the FEMA) flood insurance study, if no site specific data are available, but by such site specific data, if available from any source, and are certified by a Florida-registered either professional engineer or professional land surveyor and mapper. 

2.30            Jurisdictional Area.  The term Jurisdictional Area shall mean and refer to any low, wet, hydric, sink, or other area over which regulatory jurisdiction is asserted by either the Florida Department of Environmental Protection (the FDEP), the SWFWMD, or the United States Army Corps of Engineers (the Corps). 

2.31            Definitions in Text.  All definitions of terms in this Declaration, regardless of whether the definition appears in this Article II or elsewhere in any other part of the text of this Declaration (including, but not limited to, the opening paragraph and the Recitals), shall apply throughout all parts of the text hereof, regardless of whether the use of any such defined term occurs before or after the definition thereof. 
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ARTICLE III 

RESTRICTIONS

3            Restrictions are Imposed.  The following restrictions shall apply to and be enforceable against each and every of the Parcels and Owners. 

3.1            Single Family Residential Use.  The use of each Lot shall be limited to the single-family residential use allowed as a permitted use in an Planned Development Project (Rural) Zoning District (PDP-Rural) under the County’s LDR’s, and no Lot shall have constructed, installed, erected, or developed on it either a multi-family residential structure or more than one (1) single-family residential structure (Dwelling), provided, however, that structures customarily incidental to single-family residential uses may also be constructed, installed, erected, or developed thereon. 

3.2            Size of Lot.  No Lot shall contain less than the number of acres of land specified on the Survey. 

3.3            Subdividing Lots Prohibited.  No Lot may at any time be further subdivided, and the attempted conveyance, by any Owner, of less than a full Lot shall be ineffective to convey to the grantee of such attempted conveyance any rights under this Declaration, either regarding such portion of the Lot or otherwise, and both the grantor Owner and the entire Lot shall remain responsible and chargeable for all obligations associated with or arising with regard to the Lot.  

3.4            Type and Size of Dwellings and Other Structures.  All Dwellings and other structures constructed, installed, developed, altered, erected, or permitted either to remain or to be occupied, on any Lot shall conform to the following requirements, in addition to all other provisions of these restrictions, to-wit: 

3.4.1 Modular Home and/or Mobile Homes Prohibited.  Neither a Modular Home nor a Mobile Home (regardless of whether same is a single, double, or triple wide, or wider, unit, and regardless of which governmental agency issues a license or permit for same) may be constructed, installed, erected, developed, set up, or occupied on any Parcel at any time.   

3.4.2  Materials and Construction.  All Dwellings, patios, pools, decks, driveways, barns, garages, sheds, fencing and other structures constructed, installed, developed, altered, erected, or developed on any Lot shall be constructed of new and durable materials in a quality and attractive manner and in compliance with all applicable LDR’s and other applicable codes, ordinances, statutes, and regulations.  Conventional site built log homes are permitted. 

3.4.3  Size of Living Area.  The Living Area of the main Dwelling constructed or installed on any Lot, as calculated and/or determined pursuant to Section 2.23, above, shall contain NOT LESS than 1,800 square feet for a one story Dwelling, and a multi-story Dwelling shall contain NOT LESS than 2,000 square feet of Living Area. 

3.4.4 Attached Two Car Garage Required.  The Dwelling Unit shall have an enclosed Garage attached to the main Dwelling structure, which shall have capacity for NOT LESS than two (2) standard size vehicles.  The Garage shall have a typical garage-style door to shield the view of the interior garage area, and for the entry and exit of vehicles, which Garage door shall be located on either the side or the rear of the Dwelling Unit, and shall not be visible from the front thereof. 

3.5              Driveway Connection to Access Tract.  All driveway connections between a Lot and an Access Tract shall be designed, constructed and Maintained in a manner calculated to not impede the flow of water in any Swale situate in the Access Tract between the Lot and the driving surface of the Access Tract.  To that end, the driveway shall either conform to the contour of the Swale and be constructed in a manner that will avoid erosion, or, if fill for the construction of the driveway is installed in the Swale, it shall have a culvert of a diameter that meets all governmental regulations installed through the fill, under the driveway, and along the lowest contour of the Swale, in a manner that will not impede the flow of water.  In the event the Swale is filled and a culvert is installed for the driveway, the construction and installation of both the driveway and the culvert shall meet all standards of the County regarding the construction and installation of both driveways and culverts in public and/or private rights-of-way, including, but not limited to, the sloping of, and the installation of grates on, the sides and/or ends thereof. 

3.6            Temporary Structures.  No structure of a temporary character, motor home, trailer, tent, shack, garage, barn, shed, or other outbuilding shall be used on any Lot at any time as a residence, either temporarily or permanently. 

3.7            Animals.  Cattle and horses, poultry and swine (but only in numbers of either of same that do not exceed the number necessary to breed, produce, and Maintain same for the personal consumption of the Owner’s household living on the Lot), goats, racing pigeons, and household Pets are permitted to be kept and/or Maintained, but only in both a clean and a sanitary condition, and in reasonable numbers (both of each species and overall), on the Lots by the Owners; provided, however, that each such animal kept and/or Maintained by an Owner on a Lot shall be kept confined to that Lot at all times, and shall be under effective restraint when it is outside of the boundary of that Lot and within the Subdivision. 

3.8            Nuisance. Neither any illegal, unlawful, noxious, and/or offensive activity, nor any other activity which may be or become an annoyance, nuisance, and/or eyesore, to another Owner and/or the Developer, may be undertaken or permitted by any Owner, by any member of an Owner’s family or household, or by any guest, invitee, or licensee thereof, on any Parcel. 

3.9              Motorcycles, Dirt Bikes, and ATV’s.  Neither motorcycles, nor dirt bikes (motorized or otherwise), nor all-terrain vehicles (ATV's), nor any other transport device (motorized or otherwise) may be operated on any Parcel in a way which constitutes either an annoyance or a nuisance to either any Owner or the Developer, or causes any damage, including, but not limited to, erosion, to any Parcel. 

3.10            Recreational Vehicles. Recreational Vehicles are permitted to be kept on the Lots, but shall not be used for temporary, permanent, or continual habitation. 

3.11            Sign Restrictions.  No sign larger than fourteen inches by thirty inches (14” x 30”) may be displayed to the public view on any Lot or Access Tract, except such signs as are used by the Developer or a real estate company to advertise the Property and/or the Lots during the construction and/or sale of Lots. 

3.12             Commercial Activity.  No commercial business or trade activities of any kind, except those related to agricultural uses (for example, selling hay, boarding horses, cattle ranching, farming, growing and selling citrus, and other similar uses), shall be conducted on the Parcels unless such activities can be conducted in an enclosed area of the Dwelling or outbuilding on the Lot (for example, a home office, or a studio for painting, artwork, or crafts, etc.), are not in violation of LDR’s, and do not become a nuisance either to another Owner or to the Developer due to noise, parking congestion, excessive traffic, or other reason or circumstance.

3.13            Governing and Maintaining the Access Tracts.  The roadways through the Subdivision are the Access and Utility Tracts (Access Tracts).  Only the Access Tract Lot Owners, specifically Lots 1 through 7, will use the Access Tracts and have an undivided interest in said Access Tracts.  The Access Tracts will be governed and Maintained by the Access Tract Lot Owners.  Each of the Access Tract Lot Owners will have one vote per Lot, with respect to the Access Tract designated for the use of that Lot.  Any decision made regarding the governing of the Access Tracts must be a majority decision of the Access Tract Lot Owners entitled to vote with regard to the respective Access Tracts, and all Access Tract Owners shall be required to abide by and comply with such decisions, including, but not limited to, payment of a pro-rata share of the expenses both of Maintaining the Access Tracts and of keeping it open, properly graded and compacted, and safely and easily passable by both passenger and emergency vehicles of all sizes, and the assessment of same shall be the personal obligation of the Owner and/or Owners of each of the Access Tract Lots, and shall constitute a continuing lien upon each Lot until paid.  Horses shall have the right of way on all roadways and the Access Tracts.  Motorized traffic will slow to five (5) miles per hour in the presence of horses and pedestrians.  The Access Tracts will remain open and unobstructed at all times. 

3.14             Liens on Lots, and Interest.  The assessments for which provision is made in Section 3.13, above, and the charges for which provision is made in Sections 4.6 and 5.3, below, together with interest at the highest legal rate, and all costs and expenses of collection, including  attorneys' fees and other legal costs and expenses (regardless of whether litigation and/or appeals are commenced), shall be a charge on the Lot regarding and/or upon which it is assessed, and shall be a continuing lien upon each such Lot and all improvements thereon, senior and superior to all other liens except liens for ad valorem taxes, and the date upon and time at which this Declaration is recorded in the County’s Public Records shall determine the priority of said lien vis-á-vis any subsequently recorded lien or liens thereon.   

3.15             Recording of Notice of Lien.  The delinquency of an assessment and/or other charge may, but is not required to, be evidenced by an Affidavit executed by the person and/or persons claiming the lien, and recorded in the Public Records of the County, but neither the recording of nor the failure to record such an Affidavit shall affect either the applicability, the existence, or the priority of the lien of the assessment, as provided above, or the foreclosure thereof, and such assessment liens shall survive any transfer of all, or any portion, of the Title to the Lot on which the lien is impressed or imposed. 

3.16              Foreclosure of Lien.  The lien of a delinquent assessment may be foreclosed by the person and/or persons claiming the lien, and the Lot on which the lien is impressed may be sold, in the same manner as a delinquent mortgage may be foreclosed by the mortgagee, and the property encumbered thereby sold, and all costs of such foreclosure, including, but not limited to, attorneys’ fees, expenses, and costs, shall be added to the judgment and recovered from the proceeds of the sale. 

3.17             Assessments and Charges are Personal Obligations of Owners.  Each such assessment and/or other charge, together with interest as provided by Section 3.14, above, and all costs and expenses of collection, including reasonable attorneys' fees (regardless of whether litigation and/or appeals are commenced), shall also be the joint and several [if more than one (1)] personal obligation of the person or persons who is/are and/or was/were the Owner/Owners of such Lot on the date when the assessment was levied. 

3.18            Successor Owners Assume Personal Liability.  Upon the passage of Title to a Lot for which the assessments are delinquent, the delinquent assessments and/or other charges (plus interest, attorneys’ fees, costs, and other expenses of collection) for that Lot shall become the joint [between and/or among themselves, if more than one (1), and with all predecessor delinquent Owners] and several personal obligations of the new Owner or Owners and/or other successor or successors in Title to a delinquent Owner or Owners, and the delinquent Owner or Owners shall remain personally liable for said delinquent assessments, interest, attorneys’ fees, costs, and other expenses of collection. 

3.19            Accumulation of Trash, Waste Materials, Junk, and Salvage Prohibited.  All garbage and trash shall be removed properly and promptly from the Parcels, and shall not be either burned or buried thereon, except in compliance with applicable laws and governmental regulations.  Junk, junk cars, salvage, and/or accumulations of trash or waste materials are not permitted on the Parcels.  “Dump trucks” and/or “semi-trucks” and/or “rock trucks,” including, but not limited to, either truck tractors or trailers separately are not allowed to be kept, parked, Maintained, or stored on the Parcels.  The Owner of each occupied Lot, shall keep and Maintain, on that Lot, covered garbage containers in which all garbage generated by the use and/or occupancy of that Lot shall be kept until same is collected.  Owners may not place garbage containers in the Access Tracts, or any area designated for garbage collection, until the evening of the day before a scheduled collection, and shall remove the empty containers immediately after the collection.  No solid or liquid trash, rubbish, debris, waste material, or other refuse, of either plant, animal, or mineral origin, herein referred to as “garbage,” shall be deposited, or allowed to accumulate or remain, on, or be buried beneath the surface of, or burned on, any Lot or Parcels; provided, however, that if otherwise permitted by law, the remains of deceased small animal (as that term is commonly used relative to veterinary medicine) Pets kept and/or Maintained by an Owner of a Lot, may be buried on that Lot.  No vehicle or vehicles (regardless of whether same is or are operable) without both an un-expired license tag and a current year vehicle registration decal mounted thereon and/or affixed thereto, and no inoperable vehicle, may be parked, stored, or Maintained on any Lot or Parcel, except in a fully enclosed garage, barn, shed, or storage building with closed doors. 

3.20            Health Hazards.  No health hazards or mosquito breeding attractions are permitted to be kept and/or Maintained on any Parcel. 

3.21            Unreasonable Actions.  No continuing conditions shall be permitted on any Parcel which create unreasonable noise, odor, unsightliness, smoke, dust, or unsafe and/or illegal conditions, or which are otherwise offensive to a reasonable person.  No noxious or offensive trade or activity may be carried on upon any Parcel, nor shall anything be done thereon which may be or which may become an annoyance or nuisance to either the Owners or the Developer. 

3.22            Easements Reserved.  Easements for utility purposes and functions are hereby expressly reserved to the Developer, and its successors and assigns.  The easements reserved are ten feet (10') wide within each Lot and along each Lot line.  Such easements may be used for, among other utility services, the installation of: underground electric and/or communication cables; storm drainage and/or sanitary sewers; pipe lines for supplying gas, water and/or heat, including mains, service pipes, and equipment; poles upon which lines and/or wires to provide electrical and/or communication services may be strung, both between such poles and to any building from the pole nearest thereto.  Where necessary, anchors for poles installed in such easements may be placed not more than 10 feet inside of Lot lines.  The Owner of each Lot shall, at such Owner’s own cost and expense, keep and preserve that portion of the easements within such Owner’s Lot lines at all times in a good condition of repair and Maintenance, and clear for the convenient use, operation, repair, and reconstruction of any of the utility services and/or facilities located therein. 

3.23            Rights in Access and Utility Tracts.  An undivided interest in the Access Tracts described on the attached Composite Exhibit “C” shall pass with Title to the Access Parcel Lots to which they are respectively appended (specifically, Lots 1 through 3, inclusive, as to Parcel A-1; and Lots 4 through 7, inclusive, as to Parcel A-2), and only therewith, even if not specifically described in the deed, mortgage, or other instrument, and may not be severed or separated from the Access Tract Lot except as, and if,  otherwise specifically provided herein. 

3.24            Fencing Requirements.  All fencing shall be constructed of new and durable materials, and shall be constructed, installed, or erected in a quality and attractive manner.
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ARTICLE IV

GOVERNMENTAL REQUIREMENTS FOR DEVELOPMENT 

4            Governmental Regulations.  The Subdivision, and both the conveyance and the use of the Parcels therein, are subject to regulation by various units of government.   

4.1            Responsibility of Owners.  Each Owner is personally both responsible for compliance with all laws, ordinances, statutes, and regulations promulgated by any unit of government and applicable to the Property or any Parcel thereof, and liable to indemnify, pursuant to Section 4.6, below, both all other Owners, and the Developer, from any consequence of any failure to so comply. 

4.2            Requirements for Deeds.  Each sales contract, option, deed, mortgage, deed of trust, lien, contract and/or agreement for deed, or other document of title, obligation, encumbrance, or conveyance entered into and executed with regard to one or more or all of the Lots shall [provided, however, that failure to comply herewith shall not invalidate or otherwise diminish the force and effect of any such document and/or instrument (see Section 1.2, above)]: 

4.2.1   Legend.  Contain a legend on the face thereof setting forth in bold type, not less than 12 points in size (as below), the following statement:

The subject land is contained within a Subdivision which has not been formally platted and approved by the Board of County Commissioners of Hernando County, Florida, and said County has absolutely no obligation to maintain or improve the Access Tracts within the Subdivision.

4.2.2 Make Subject to Declaration.  Both specify that said Lot is subject to this Declaration, and make reference to the Official Record Book and Page numbers, from the first through the last, in the County's Public Records where this Declaration, and all of its exhibits, is recorded. 

4.2.3 Refer to Lot Number.  Make specific reference to the Lot number referenced on the Survey recorded herewith as part of Composite Exhibit “C” hereto, and both identify the Survey, and make reference to the Official Record Book and Page numbers, from the first through the last, in the County's Public Records where the Survey is herewith recorded. 

4.3             Areas Subject to Environmental, Flood, and/or Other Regulation.  Either the FDEP, the Florida Department of Community Affairs (the FDCA), the Corps, or the SWFWMD, or some other governmental agency or unit (including, but not limited to, any federal, state, and/or local government or agency thereof) may claim environmental and/or other regulatory jurisdiction over one or more or all of (if any there be):  the Swales lying on either side of the driving surface of, and within, the Access Tracts; and/or the Surface Water Management System; and/or other portions of the Property and the Parcels thereof: all as described in and/or depicted on the Survey. 

4.3.1   Owners Personally Liable to Obtain Development Permits.   The construction of improvements on any Lot may require one or more environmental and/or flood related permits from the County and/or the FDEP and/or the SWFWMD and/or other governmental agencies and/or units prior to the commencement thereof, and each Owner is personally [jointly and severally, if more than one (1) Owner] responsible for timely obtaining all required permits, and each such Owner is responsible for consulting with the County, the FDEP, the SWFWMD, and all other jurisdictional governmental units or agencies prior to the commencement of construction on any Parcel of the Property. The items discussed at Sections 4.3.2 through 4.3.5, below, are some, but are not intended to be an exhaustive list of all, of the environmental and/or flood related permitting issues which affect development of the Property and the Parcels, including, but not limited to, the Lots, thereof. 

4.3.2  Some Specific SWFWMD Permitting Requirements.  All Owners are hereby given notice that the SWFWMD policies and regulations require that permits be obtained from the SWFWMD if any of the following items (which is not intended to be an exhaustive list of all of the SWFWMD permit requirements) are proposed: (a) alteration to any permitted master drainage system; (b) construction of additional impervious surfaces, including manmade ponds and/or lakes; (c) encroachment into wetlands, wetland buffers, or adjacent off-site property line buffers; or (d) fill encroachment into the One-Hundred (100) Year Flood Plain.

4.3.3   No Improvements Within Wetlands and Flood Plain.  No Owner of a Lot may construct or Maintain any building, residence, structure, road, driveway, or other improvement, or undertake or perform any activity in or within one hundred feet (100') of any Jurisdictional Area, or within any area depicted on the Survey to be within the One-Hundred (100) Year Flood Plain, the expected result of which activity will be to modify or disrupt either the wetland or the flood plain, unless prior approval for the same is received from the FDEP, the SWFWMD, or the Corps, as appropriate (pursuant to Chapter 40D-4, Florida Administrative Code), or its successor. 

4.3.4  Development in Flood Plain.  If any portion of any Parcels lies within the One-Hundred (100) Year Flood Plain, and/or below the BFE, structures constructed, installed, erected, or developed thereon may be required to be elevated pursuant to statutes and/or ordinances adopted and/or administered by, and/or regulations of: the FEMA, including, but not limited to, the FIRM; the FDCA; and/or the County.  No structure may be constructed, installed, erected, or developed on any portion of any Parcel lying within the One-Hundred (100) Year Flood Plain, and/or below the BFE, except in accordance with each and every of said statutes, regulations, and ordinances. 

4.3.5  No Roadway Improvements Without Permit.  Neither an Owner nor Owners of a Lot or Lots may undertake any roadway improvements unless both a building permit is received from the County and prior written either authorization of or exemption for the project is received from the SWFWMD, pursuant to Chapter 40D-4, Florida Administrative Code, or its successor. 

4.4            No Infrastructure; Permitting Unnecessary.  The Developer has not installed any infrastructure (including, but not limited to, improved roads, Swales, Surface Water Management Systems, utility lines and/or mains, or other similar structures) in or for the use of the subdivision and/or the Owners, and, therefore, no permits from any jurisdictional agency (other than the County, as given by the Approval Letter as Exhibit “B” hereof) were either required or obtained.  The Owners shall be solely responsible to obtain any such permits that may be required in the future, for any reason whatsoever. 

4.5             Zoning.  The Property and each of the Parcels is zoned PDP-Rural by the County, and all use thereof must conform to rules and regulations of the County regarding such zoning districts. 

4.5.1  Owners Personally Liable to Obtain County Permits.  Each Owner is personally [jointly and severally, if more than one (1) Owner] responsible for consulting with the County's Development Department and/or the County's Planning Department, and obtaining all required building and other permits and approvals prior to the commencement of construction. 

4.5.2  Deed Must be Recorded Prior to Issuance of Permit.  Before any building permit may be issued, to any person other than the Developer, for any Lot, a deed or other document of title or conveyance, pursuant to which Title to the Lot is conveyed to the applicant, either solely or with others, must be recorded in the County's Public Records. 

4.6             No Direct Access to Powell Road.  Direct access to Powell Road from a Powell Road Lot is prohibited pursuant to Section 4.6.2, below, and, further, even if such restriction is waived by the Owners and/or the Developer, such access may require a right-of-way use permit and/or a driveway permit from the County's Department of Public Works. 

4.6.1  Owners Personally Liable to Obtain Permits.  Each Owner is personally [jointly and severally, if more than one (1) Owner] responsible for consulting with the said department and obtaining all required permits prior to the commencement of construction. 

4.6.2  Certain Lots Not Entitled to Direct Access to Powell Road.  Access for ingress to and egress from Lots 2, 4, and 5, and, is limited to the Access Tracts, since each of said Lots adjoins the Access Tracts, and said Lots shall not be permitted to have direct access to Powell Road, notwithstanding that said Lots adjoin Powell Road. 

4.7              Indemnification by Owners.  Each Owner of each Lot [jointly and severally, if more than one (1) Owner], and their successors and assigns, by accepting Title to a Lot, shall be deemed to have agreed to fully and personally indemnify, defend, and hold harmless the Developer, all other Owners, together with each and every of their respective agents and/or employees, from any damage, claim, expense, debt, due, cost, charge, or other liability of any nature whatsoever (including, without limitation, attorneys’ fees and other legal costs and/or expenses, regardless of whether litigation and/or appeals are commenced and/or pursued) arising directly or indirectly from, or caused directly or indirectly by, the failure and/or refusal of that Owner or any of that Owner’s Co-Owners and/or agents to either obtain or abide by the terms of any permit required by any governmental agency for any improvement to or other activity upon any Parcel, and the liability for such failure and/or such fees, costs, and expenses, together with interest at one percent (1.0%) per month on all of the same, of that Owner and/or those Owners, and their successors and assigns, shall be a charge and continuing lien upon the Lot or Lots, in the same manner, and with the same priority, and shall be documentable and enforceable, by any person entitled to such indemnity, in the same manner as the lien for which provision is made in Section 3.13, above, and subject to the same substantive and procedural rights and priorities for which provision is made in Sections 3.14 through 3.18, above. 
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   ARTICLE V  
DURATION OF DECLARATION and ENFORCEMENT

5            Declaration is Perpetual.  Except as specifically provided in Section 5.3, below, this Declaration, and the benefits bestowed and the obligations imposed by this Declaration, shall run with the land, and all Parcels thereof, and shall be binding upon the Developer and upon all parties and all persons claiming under or through the Developer, in perpetuity, unless amended as provided in Sections 5.1 and 5.2, below. 

5.1            Amendment by Owners.  This Declaration may only be amended by a seventy-five (75%) percent vote of the Owners, with each Lot being entitled to one vote.  

5.2  Amendment by Developer.  The Developer reserves the right to make amendments, modifications, clarifications, and interpretations of this Declaration until one-hundred (100%) percent of the Lots subject to this Declaration are sold and conveyed to Owners.  The Developer may not assign such right to any third party, other than as contemplated by the definition of “Developer” at Section 2.5, above. 

5.3       Duration of Restrictions.  This Declaration shall run with the land and shall be binding upon the Developer and all parties and all persons claiming under them until June 1, 2022, at which time this Declaration shall automatically be extended for successive ten (10) years periods, unless by vote of a seventy-five percent (75%) majority of the then Owners of the Lots, with each Lot being entitled to one vote, it is agreed to change one or more of the said Covenants, Conditions, or Restrictions, in whole or in part, or to revoke the same in their entirety. 

5.4               Amendments Affecting Surface Water Management System.  Any amendment of this Declaration that will affect any Surface Water Management System, either now or hereafter permitted by the SWFWMD, must have the prior written approval of the SWFWMD.  
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   ARTICLE VI

ENFORCEMENT OF COVENANTS, CONDITIONS, AND RESTRICTIONS

 6          Who May Enforce.  This Declaration may be enforced by any Lot Owner, and/or by the Developer, and/or by any person claiming by and/or through either of the same 

6.1            How Enforced.  If the parties hereto, or any of them, or their successors, assigns, or transferees, violate or attempt to violate any of the Covenants, Conditions, and/or Restrictions for which provision is made herein, the Developer, any Owner of a Parcel described herein, and/or any person claiming by and/or through either of the same, may undertake performance of that which either is not, or has not been, done by the Owner, and/or prosecute any proceedings at law and/or in equity against any person or persons to prevent them from so doing, to recover damages and interest (at the highest legal rate) for so doing, and/or to recover other relief (including, but not limited to, reimbursement for expenses incurred in undertaking performance on behalf of an Owner) for such violations. 

6.2               Recovery of Expenses of Enforcement.  In the event any Lot owner fails to comply with the foregoing Covenants, Conditions, and/or Restrictions, all attorneys’ fees, costs, and expenses of any nature whatsoever incurred by any person to enforce the same, regardless of whether litigation is filed, and all damages and other relief awarded against the Lot and/or the Owner, shall be recovered by such person from such Owner or Owners, and the amount thereof, together with interest thereon at one percent (1.0%) thereon, shall be the personal liability of that Owner and/or those Owners, and their successors and assigns, and shall constitute a charge and a continuing lien in favor of such person and against the Lots and/or Parcels regarding which the enforcement was undertaken, all in the same manner and with the same priority, and shall be documentable and enforceable, by any person entitled thereto, in the same manner as the lien for which provision is made in Section 3.13, above, and subject to the same substantive and procedural rights and priorities for which provision is made in Sections 3.14 through 3.18, above. 

6.3            Failure to Enforce Covenants not Waiveable.  The failure of any Lot Owner,  the Developer, and/or any person claiming by and/or through either of the same, to enforce any Covenant herein contained, shall in no event be deemed a waiver of the right to do so thereafter as to the same breach or as to one occurring prior to or subsequent thereto
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ARTICLE VII

MISCELLANEOUS CONSTRUCTION PROVISIONS

7             Construction.  The following provisions shall apply in all circumstances for the construction and/or interpretation of this Declaration: 

7.1                         Number, Tense/Form, and Gender.  Any use of the plural or singular form shall include the other, any use of the past, present, future, perfect, pluperfect, or other tense, or the verb or noun form, of any word or phrase shall include all of the same, and any use of any gender form shall include the male, the female, and the neuter, all as the context of said use may require. 

7.2             Headings and Captions.  The headings and captions used at the beginning of the Articles, Sections, and Subsections of this Declaration are for convenience of reference only, and shall not be deemed or construed to be a part of or to modify the content of said Articles, Sections, and Subsections in any manner whatsoever.

7.3              Provisions Severable.  Invalidation, either of any part or parts of this Declaration or of any part or all of one (1) or more of these Covenants and/or Restrictions, by a court of competent jurisdiction, shall not affect either the remaining portions of this Declaration or the remaining Covenants and/or Restrictions, or any portion or portions thereof, all of which shall remain in full force and effect. 
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IN WITNESS WHEREOF, McKethan Holdings, Inc., as the general partner of the AAM Family Limited Partnership, has executed this Declaration of Covenants, Conditions, and Restrictions for Spring Lake Farms, an Approved Unplatted Class I Subdivision in Section 16, Township  23  South,  Range  20  East,  Hernando County,  Florida, effective as of the date first above written, with the intent to bind this Declaration to run with the Property and all Parcels thereof, and with the further intent that AAM Family Limited Partnership, McKethan Holdings, Inc., and all persons and/or entities whatsoever claiming by, through, or under either or both of them shall be bound by and to this Declaration, with regard to all of the Property and all Parcels thereof. 

WITNESSES:
AAM FAMILY LIMITED PARTNERSHIP

                                                     (Printed Name)                      By: McKethan Holdings, Inc., its 
Witness as to Robert A. Buckner                                      General Partner         

                                                                                          By:                                                                 

                                                     (Printed Name)           Robert A. Buckner, as the Vice President 
 Witness as to Robert A. Buckner                                                    of  McKethan Holdings, Inc.

                                                                                          ATTEST:

                                                     (Printed Name)                     

Witness as to Joseph M. Mason, Jr. Corporate Seal:

                                                                                   By:                                         

                                    (Printed Name)                   Joseph M. Mason, Jr., as the Assistant 
Secretary of McKethan Holdings, Inc.

Witness as to Joseph M. Mason, Jr.                                        

 STATE OF FLORIDA
COUNTY OF HERNANDO

BEFORE ME, the undersigned authority, on May          , 2002, in the County and State aforementioned, personally appeared ROBERT A. BUCKNER, as the Vice President of McKethan Holdings, Inc., the General Partner of AAM Family Limited Partnership, the person, who, first being by me duly sworn, deposed and said upon said person’s oath that said person is the person described in and who executed the foregoing Declaration of Covenants, Conditions, and Restrictions Spring Lake Farms, an Approved Unplatted Class I Subdivision in Section 16, Township 23 South, Range 20 East, Hernando County, Florida, that said person is authorized to and did execute same for the purposes therein stated, and with the intent to thereby bind both AAM Family Limited Partnership and McKethan Holdings, Inc., and each of their respective successors and assigns, by and to same.  Said person is either personally known to me or produced identifica­tion satisfactory to me (if said person produced identifica­tion, same is described as follows:                                                                                                                (Printed  Name)

                                                                        Notary Public, State of Florida