Florida Declaration of Covenants, Conditions and Restrictions

DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS

THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS for (hereinafter referred to as “Declaration”) made this day of , 20 by , hereinafter referred to as “Declarant”.

WITNESSETH

WHEREAS, the Declarant is the owner of the real property situate, lying and being in County, Florida, and described on Exhibit "A" attached hereto and incorporated herein by this reference ( Towne Centre" and/or the "Property"); and

NOW, THEREFORE, the Declarant, for itself and its successors and assigns, declares that the Property is, and shall be, held, transferred, sold, conveyed, mortgaged, and occupied subject to the covenants, restrictions, easements, charges and liens hereinafter set forth, all of which shall run with title to the land.

ARTICLE I

Definitions

a. "Association" shall mean and refer to .

b. "Board of Directors" shall mean and refer to the Board of Directors for Towne Centre Association, Inc., a Florida corporation not for profit, or its successors and assigns.

e. "The Declarant" shall mean and refer to First Street Group, L.C., a Florida limited liability company, and its successors and assigns.

h. "Design Guidelines" shall mean and refer to the Towne Centre Design Control Guidelines established from time to time by the Architectural Control Committee described in Article VI below.

ARTICLE II

Structure, Powers and Duties of and Membership and Voting Rights in the Association

Section 1. Association. The Association shall be a nonprofit corporation charged with the duties and vested with the powers prescribed by law and set forth in the Articles of Incorporation of the Association, the BYLAWS of the Association and this Declaration.

ARTICLE III

Property Rights

Section 1. Member’s Easements of Enjoyment. Subject to the provisions of this declaration, the Association, the Declarant (until the Declarant transfers ownership of the last Lot, Office Unit and/or Pad owned by Declarant) and all Members of the Association shall have a non-exclusive right, license, privilege and easement of use and enjoyment in and to the Common Property.

ARTICLE IV

Insurance and Casualty Losses

The Board of Directors shall have the authority but not the duty to obtain insurance for insurable improvements on the Common Property owned by it, against loss or damage by fire or other hazards.

ARTICLE V

Covenant for Maintenance Assessments

Section 1. Creation of the Lien and Personal Obligation on Assessments.

a. Each Owner, by acceptance of a deed to any Lot or Office Unit and/or Pad, whether or not it shall be so expressed in any such deed or other conveyance, shall be deemed to and hereby does covenant and agree to pay to the Association:

(1) annual assessments or charges,

(2) special assessments, and

(3) individual assessments.

b. Exempt Property. The Common Property shall be exempt from the assessments, charges and liens created herein.

Section 3. Determination of Assessments.

a. Operating Budget. It shall be the duty of the Board, by majority vote, at least forty-five (45) days prior to the end of the Association's fiscal year, to prepare and approve a budget covering the estimated costs of operating the Association during the coming year.

Section 4. Special Assessments.

a. Special Assessments. In addition to the annual assessments established pursuant to Section 3 hereof, the Board of Directors may levy at any time a special assessment.

ARTICLE VI

Architectural Control

Section 1. Architectural Control; ACC. All improvements on the Property are subject to architectural and environmental review.

Section 2. Approval or Disapproval. Approval of the plans and specifications may be withheld not only because of noncompliance with any of the specific conditions, covenants and restrictions contained in this Declaration.

ARTICLE VII

Maintenance

Section 1. Owner's Responsibility; Default. It shall be the affirmative duty of each owner at all times to keep and maintain the improvements, landscaping and stormwater drainage and retention improvements located on and serving to drain only its Lot, Office Unit and/or Pad and the Restricted Common Area surrounding its Office Unit in good and presentable condition and repair.

Section 2. Access at Reasonable Hours. For the purpose of performing the repairs or maintenance authorized by this Article, the Association shall have the right to enter upon any owners' property and the exterior of any improvements thereon during reasonable hours.

ARTICLE VIII

Restrictive Covenants

Section 1. Water and Sewage Facilities. No individual water supply system or individual sewage disposal system shall be permitted on any Lot, Office Unit and/or Pad.

Section 2. Drainage Facilities. Each Owner will comply with the master drainage plan approved for the Property by the Suwannee River Water Management District.

Section 3. Landscaping. Irrigation and landscaping on each Lot, Office Unit and/or Pad or Restricted Common Area shall be continuously maintained in good, aesthetically pleasing condition.

Section 4. Obnoxious or Offensive Activity. No obnoxious or offensive activity shall be allowed on the Property.

Section 5. Garbage and Trash. No trash, garbage or other waste material or refuse shall be placed or stored on any part of the Property except in areas approved by the Board of Directors.

ARTICLE IX

Amendment by Declarant

The Declarant, as long as Declarant owns a Lot, Office Unit and/or Pad or any portion of a Lot, Office Unit, and/or Pad, reserves and shall have the sole right to amend this Declaration.

ARTICLE X

Additional Covenants and Restrictions

No Owner, without prior written approval of the Declarant or the Board of Directors, may impose additional covenants or restrictions on any part of the Property.

ARTICLE XI

Amendment

The holders of at least two-thirds (2/3) of the votes in the Association may change or amend any provision hereof by executing a written instrument in recordable form.

ARTICLE XII

Duration and Termination

The covenants and restrictions of this Declaration shall run with and bind the land for a term of ten (10) years from the date this Declaration is recorded.

ARTICLE XIII

Enforcement

Section 1. Remedies. If any person or entity shall violate or attempt to violate any of these covenants or restrictions, it shall be lawful for the Declarant, or any owner or the Association to prosecute proceedings for the recovery of damages or to maintain a proceeding in any court of competent jurisdiction.

ARTICLE XIV

Miscellaneous

Section 1. Number and Gender. Reference to the singular shall include reference to the plural and the plural shall include the singular.

Section 3. Notices. Any notice provided for herein shall be deemed to have been properly sent when mailed, postpaid, to the last known address of the person as shown on the records of the Association at the time of such mailing.

IN WITNESS WHEREOF, the Declarant has caused these presents to be executed in its name and its seal to be affixed hereto as of the day and year first above written.

STATE OF FLORIDA

COUNTY OF

On this day of , 20 , before me, a Notary Public in and for the State and County aforesaid, personally appeared as , to me known, and he acknowledged executing the foregoing instrument under authority duly vested in him by said company as the free act and deed of said company on behalf of said company for the purpose therein expressed.

WITNESS my hand and official seal the day and year last aforesaid.

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