1.1 Manager shall mean and refer to SWEETWATER EAST INVESTMENT CO. d/b/a LAKE HENRY ESTATES, a Florida corporation, its successors and assigns.

1.2 Sweetwater Utilities shall mean SWEETWATER EAST INVESTMENT CO., d/b/a LAKE HENRY ESTATES, a Florida corporation, its successors and assigns, which shall provide water and sewage services to the Subdivision and each Lot therein according to the terms set forth below.

1.3 Subdivisions shall mean and refer to the Plats described above of SWEETWATER GOLF AND TENNIS CLUB, SECOND ADDITION AND THIRD ADDITION recorded in Plat Book 90, at Pages 31 and 32, and Plat Book 97, at Page 26, respectively, of the Public Records of Polk County, Florida.

1.4 Lot shall mean and refer to any plat of land located within the Subdivisions and shown by a numerical designation, but shall not include any tract or other area not intended for a Home.

1.5 Home shall mean and refer to a detached single family dwelling unit, located upon a Lot.

1.6 Owner shall mean and refer to the record Owner, whether one or more persons or entities, of the fee simple title to any Lot within the Subdivision.

2.1 Each Home shall contain modern plumbing facilities, including toilet, bath or shower, and kitchen sink, all of which shall be connected to the sewage and water facilities provided by the Manager. The minimum size home shall consist of at least twelve hundred (1200) square feet of air-conditioned living area, excluding the garage.

2.2 (11/13/2002) There shall be only one Home located on each Lot. In order to maintain safety, construction standards, and aesthetic harmony in the Subdivisions, there shall be no construction work performed on any Lot, including, but not without limitation to, additions or extension to a Home during and/or after its original construction, without the express written consent of the Manager. No permanent structure or substantial structural alteration, whether construction, addition, or alteration thereto, including walls and driveways shall be constructed on any Lot until the proposed structure, building plans, specifications, exterior color and finish, survey (showing proposed location of such structure, drives and parking area) and construction schedules shall have been approved in writing by the Manager. In reviewing such plans, the Manager will apply such standards as it shall develop for the benefit of the entire subdivision. In developing standards, the Manager will, at a minimum, require that said structure be complimentary to the design of the single-family residential dwelling on the Lot. However, the Manager in its sole discretion may refuse to approve such plans upon any ground, including purely aesthetic considerations, which it shall, in sole discretion, determine to be significant to preserve the environment and harmonious development of the subdivision.

2.3 Each Lot must contain a paved driveway and the lawn must be seeded or sodded.

2.4 (11/13/2002) No outside structures for storage or utility purposes shall be installed, erected or constructed on a lot.

2.5 Commercial and/or professional activities may not be conducted in a Home or on a Lot without the express written consent of the Manager.

2.6 It shall be the responsibility of the Owners to keep their respective Lots neat and clean and the grass cut and edged at all times. If an owner does not adhere to this regulation, such work may be performed on behalf of the Owner by the Manger and the cost shall be charged to the Owner, which charge, if not promptly paid, shall additionally become a lien on said lot upon recording of a Notice of Lien by Manager in the public records of Polk County, Florida.

2.7 The Manager shall erect in the front yard of each Lot occupied by a Home, a lamppost light with the name of the Owner attached thereto. No other signs or advertisements, including, without limitation, "For Sale" signs or signs further indicating the identity of the Owner, shall be permitted without the express written consent of the Manager.

2.8 No aerials, satellite dishes larger than eighteen (18) inches or antennae or any kind are permitted in the Subdivisions, except as may be allowed with the express written consent of the Manager.

2.9 (11/13/2002) No fence of any kind or nature shall be used to separate one lot from another without the prior written approval of the Manager. A decorative enclosure may be placed around the air conditioner, which may also be used to store trash containers. Permission must be secured from the Manger prior to the plating or removal of any trees or other shrubs, which may affect the rights of adjacent Lot owners. Any existing fence as of January 1, 2003, that has not been approved by the Board of Directors must be removed when the property is sold.

2.10 (11/13/2002) Exterior lighting must be shaded so as not shine directly into neighbor's windows or otherwise create undesirable circumstances. All exterior lighting, including lampposts, shall be maintained by the Owner. The yard lamp will be illuminated from dusk to dawn.

2.11 Manager and Sweetwater Utilities shall have the right to enter upon all Lots at all reasonable times for the purposes of inspecting the use of said Lot and for the purposes of utility maintenance and the cleaning and maintaining of the Lot if not properly maintained by the Owner.

2.12 (11/13/2002) For security reasons, it is recommended that all Owners notify the Manager when leaving their property for more than fourteen (14) days. Furthermore, it is recommended that house key and names of neighbors also having a key be placed with the Manager.

2.13 Each Owner shall use his Lot in such a manner as to allow his neighbors to enjoy the use of their Lots. Specifically, without limitation, radios, record players, television, voices and other sounds are to be kept at a moderate level from 10:00 p.m. to 8:00 a.m.

2.14 Manager shall have the right to control all peddling, soliciting, selling, delivery and vehicular traffic within the Subdivision.

2.15 No recreational vehicles, buses, boats, boats on trailers, trucks, trailers, travel trailers, motor homes or any other similar type of vehicle or equipment will be permitted to be parked on any Lot in excess of twenty-four (24) hours. All such vehicles or equipment, if to remain in the Subdivision, shall be parked in an area designated for storage and shall be subject to a reasonable fee for such storage to be established by the Manager.

2.15a (11/13/2002) No vehicle may be parked on any street or lot in the development overnight without first obtaining a parking permit from the office and displaying it on the windshield. No RV may be used as temporary or permanent living quarters within the confines of the community. All such vehicles or equipment if to remain in the Subdivision, shall be parked in an area designated for storage and shall be subject to a reasonable fee for such storage to be established by the Manger.

2.15b (11/13/2002) No children under the age of 16 may operate a motorized vehicle (such as a golf cart, motorized scooter, etc.) on the cart paths or streets of the subdivision unless accompanied by an adult.

2.16 (11/13/2002) Unless otherwise approved in writing by the Manger, only two (2) pets, each not to exceed 20 pounds in weight, may be kept by any Owner. At all times, said pet(s) when not within the confines of the Home, shall be restrained by a leash and may be walked on street pavement with no trespassing on any property other than the owner's. All excrement deposited by said pets shall be immediately removed by the responsible Owner.

2.17 (11/13/2002) All household trash shall be placed curbside no earlier than the day before scheduled pick-up. Trash containers shall be stored inside the garage unless hidden by a decorative enclosure described in 2.9.

2.18 Manager and the Subdivision intend that the Subdivision be deemed "housing for older persons" and therefore qualify for the exemption from "familial" discrimination as provided in 42 U.S.C. &3607, as such section may be amended, and applicable regulations; provided, however that no persons under the age of 40 years will be permitted to live in the Subdivision and children will be permitted to visit not more than a maximum of 30 days each year.

2.19 The hanging of clothes on outside clotheslines or poles is prohibited.

2.20 Window air-conditioners are strictly prohibited and only central air-conditioners are permissible.

2.21 Garage doors on each Home shall remain closed except during times of placing or removing a vehicle from such garage and at such times when the garage is being used for a specific purpose or activity for which it is necessary that the garage door be open.

2.22 If the construction of any home or any improvement on a Lot is abandoned or unreasonably delayed for any reason, each Owner, by the acceptance of the deed to his Lot, grants to the Manager and its employees and agents the right and licenses to enter said Lot and to complete the construction of such Home or improvements. All costs and expenses incurred by the Manager to complete such construction, plus a reasonable profit thereon, shall constitute a lien upon said Lot, which enforcement of said lien shall be in accordance with the laws of the state of Florida applicable to mortgage foreclosure actions and the Owner of said Lot shall, by virtue of having acquired said Lot subject of the Declaration, be deemed to have authorized and contracted for such completion and construction. The lien herein provided shall be subordinate to any first mortgage lien in favor of an institutional lender.

2.23 (11/13/2002) Manager shall have the right to establish such other reasonable rules and regulations covering the utilization of the Lots and the behavior of the Owners in order to maintain the aesthetic, harmonious and tranquil qualities of the Subdivision, all of which shall apply equally to all of the parties in said Subdivision. Said rules and regulations shall take effect within seven (7) days from the sending of a notice to an Owner.

2.24 Homes shall not be rented or leased for less than three (3) months and all rentals or leases shall be reported to the Manager. Any violation of this provision shall result in an assessment against the property involved in the sum of Fifty Dollars ($50.00) per day from the date the tenancy commences until the date said tenancy is terminated. Any such assessments which if not paid within thirty (30) days of notice of said assessment shall become a lien on the Lot involved in the violation and shall become effective upon recording said lien in the public records of Polk County, Florida, and said lien shall have that same priority as provided in paragraph 4.7 of the Declarations of Restrictions set forth above.

2.25 (11/13/2002) All residents must comply with all regulations, rules or other requirements of the Southwest Florida Water Management District and the Department of Environmental Protection regulations.

3. EASEMENT AND RIGHTS-OF-WAY

3.1 Easement and rights-of-way in favor of the Manager, Sweetwater Utilities and utility companies chosen by the Manager are hereby reserved for the construction, installation and maintenance of utilities such as electric light lines, sewer drainage, water lines, cable television, telephone and telegraph lines or the like necessary or desirable for public health and welfare. Such easements and rights-of-way shall extend over and across every portion of each Lot on which portion a home, porch or garage/carport is not located.

3.2 Manager reserves the right to change, extend or close any streets or roads in said Subdivision or to cut new streets or roads, provided such change or changes shall not interfere with ingress or egress to the property of the Owner or alter the size of said Lot.

3.3 There is hereby created, declared, granted and reserved for the benefit of the Manager and the Owners and their respective employees, agents, invitees, members and guests a non-exclusive easement for ingress and egress, to, from, over and upon all portions of the Subdivision which are located nearby or adjacent to the golf course for the purpose of allowing golf balls to travel over and into and to come to rest upon and be retrieved from any and all portions of the Subdivision located nearby or adjacent to the golf course. Inasmuch as it is not uncommon and, indeed, quite usual in the course of the playing of the game of golf for golf balls which are struck during the course of play to be hit beyond the leave the boundaries of the golf course being played and in so doing for such golf galls to travel over and come to rest upon or within properties nearby or adjacent to the golf course, neither the Manager, nor any other Owner, nor their respective employees, agents, invitees, members of guests, shall have any liability or responsibility whatsoever for any property damage occasioned by or personal injury to any person, whether an Owner, a member of such Owner's family or any employee, guest or invitee of such Owner, who or which is accidentally or negligently struck by a golf ball which shall travel beyond the boundaries of the golf course. Moreover, the travel, entry within and coming to rest of golf balls over, upon or within any property nearby or adjacent to the golf course shall not be deemed to be or constitute a nuisance or hazard to the health, safety or welfare of the Owner or any property near or adjacent to the golf course and no injunctive relief or damages therefore shall be recoverable by any party or granted by any court; it being expressly agreed by any Owner of property nearby or adjacent to the golf course that the risk of such personal injury or damage to property has been assumed by such Owner on behalf of himself, the members of his family or his employees, guests and other invitees at the time of the acceptance of a deed or other conveyance to his Lot.

4.1 (a) Sweetwater Utilities shall provide water and sewage services to the Subdivisions and each Lot within the Subdivisions; provided, however, that in exchange for the payment made by each Owner pursuant to Paragraph 4.2 below, Manager shall be obligated to provide only eight thousand (8000) gallons of water each month to each Lot. The provisions of additional water shall result in an additional charge to the Owner at a rate to be established by Sweetwater Utilities.

4.1 (b) The Manager shall maintain the areas of the Subdivision owned by the Manager for use by the Owners upon the terms and conditions, and at the rates established by the Manager and as set forth herein. Specifically, Manager shall maintain all preservations areas and drainage and retention facilities located within the Subdivision in accordance with all applicable state and local requirements.

4.1 (c) The Manager shall provide basic cable service (no premium channels) to each Lot for so long as such cable service is available to the Subdivisions. If premium channels are available, an Owner may contract with Bright House Communications, its successors, subsidiaries, or assigns, for such channels upon the payment of additional charges to be established by Bright House Communications, its successors, subsidiaries or assigns.

4.2 Each Owner hereby agrees to pay a monthly assessment or charge against each Lot for the services set forth in Paragraph 4.4 and 4.5 of the Declarations of Restrictions and/or the Supplemental and Amended Declaration of Restrictions. In the event the Owner transfers, assigns, devises, or in any manner conveys his interest in and to the Lot and/or Home, the new Owner shall be obligated to pay the prevalent monthly charge that is then in force and effect for all new Owners of Lots in the Subdivisions. Included, without limitation within the charge or assessment, shall be the cost of maintenance of all roads, utilities, and recreational facilities erected by the Manager or its predecessors, the provision of water and sewage services, and the provision of basic cable services; provided, however, that Manager reserves the right to charge additional fees as set forth above and additional access fees to Owners for their sue of the golf course, marina, and storage areas. The Manager shall not be obligated to pay such monthly assessments nor any other assessments hereunder.

4.3 The monthly assessment or charge set forth in Paragraph 4.2 above is based on the cost to the Manager to deliver such services plus a reasonable profit as of January 1994, and on the cost of living for January, 1994, as reflected in the Consumer Price Index, U.S. Average of Items and Food, published by the bureau of Labor Statistics of the U. S. Department of Labor. There shall be an adjustment in the monthly assessment or charge in December 1994, and every year subsequent thereto. The adjustment shall be made in accordance with paragraph 4.4 below and any increase in said Consumer Price Index or substitute index, but in no event shall be less that 3% of the base monthly charge for the preceding year. Each adjustment shall be in effect for the subsequent one (1) year period. Notwithstanding the above, in the event that said monthly assessment or charge is not increased in any single year, the next succeeding increase shall be cumulative and shall reflect, in addition to the increase in the immediately preceding year, those previous increases which were not effected by the Manager and charged to the Owners.

4.4 Notwithstanding Paragraph 4.3 above, increased expenses incurred by the Manager or Sweetwater Utilities to deliver the services designated in Section 4.1 above, plus a profit, shall be passed through to the Owners, by way of a proportionate increase in the monthly assessments or charges to be paid by Owners or by single lump-sum assessments. Such expenses may include, but are not limited to, increases in ad-valorem taxes and assessments upon properties within the subdivision owned by Manager or Sweetwater Utilities, governmentally mandated capital improvements, rebuilding, repairs or extra maintenance required by natural or man-made calamities, increased charges by vendors and suppliers of such services to manager, and increases with respect to the delivery of utility services approved by the Florida Public Service Commission or successor rate supervisor. With respect to any increases with respect to the total monthly charge a profit margin consistent with profits being realized by managers and owners of similar subdivisions. Such expenses may be passed on at any time to the Owners and shall be due when charged or assessed.

4.5 Each Owner agrees that as additional facilities and/or services are requested by the Owners, and the erection of such additional facilities and/or implementation of such additional services is agreed to by the Manager, in its sole discretion, that upon a vote of 2/3 of the Owners approving such additional facilities and/or services and commensurate charges therefore, that the monthly assessment provided for by Paragraph 4.2 shall be increased accordingly. For the purposes of all votes, the Manager shall be entitled to one (1) vote for each Lot owned by the Manager.

4.6 The monthly charges for services described in Paragraph 4.1 and 4.2 above, as well as for other services provided by the Manager and/or Sweetwater Utilities, shall be due and payable monthly on the first day of each month and said charges will continue from month to month whether or not said Lot is vacant or occupied. Effective January 1, 1998, there will be a late fee of five percent (5%) added to any amounts in arrears in excess of five (5) days.

4.7 Owner does hereby give and grant unto the Manager and Sweetwater Utilities a continuing lien in the nature of a mortgage upon the Lot of the Owner, prior to all other liens and encumbrances. This lien shall secure the payment of all monies due the Manager and Sweetwater Utilities hereunder and may be foreclosed in the manner provided for the foreclosure of mortgages. In any such action or other action to enforce the provisions of this lien, including appeals, the Manager and Sweetwater Utilities shall be entitled to recover reasonable attorney's fees, abstract bills, court costs and all other expenses of litigation.

4.8 Purchasers of Lots, by the acceptance of their deed, together with their heirs, successors and assigns, agree to take title subject to and be bound by this Declaration and all amendments thereto, and to pay the charges set forth in this Paragraph 4; and said acceptance of such deed shall further indicate approval of said charges, and permitted increases thereof, as being reasonable and fair, taking into consideration the nature of the subdivision and all other benefits to be derived by the Owners as provided for herein.

4.9 Purchasers of Lots further agree and acknowledge, by the acceptance of their deeds, and the payment of the purchase price therefore, that said purchase price was solely for the purchase of said Lot or Lots, and that said purchasers, their heirs, successors, and assigns, shall not have any right, title or claim or interest in and to the roads, utilities, recreational areas and facilities contained therein or appurtenant thereto, by reason of the purchase of the respective Lots, it being specifically agreed that Manager, its successors and assigns, are the sole and exclusive owners of said facilities.

4.10 Manager and Sweetwater Utilities reserve the right to enter into Management Agreements with any person, firm or corporation to maintain and operate the streets, utilities and other portions of the Subdivision in which the Manager and Sweetwater Utilities agree, however, that any such contractual agreements between the Manager and Sweetwater Utilities and a third part shall be subject to all of the terms, covenants and conditions of this agreement. Upon the execution of said Agreement, Manager and Sweetwater Utilities shall be relieved of all further liability hereunder.

5. SALE OF PROPERTY

5.1 (11/13/2002) Prior to the sale of property, the prospective buyer shall be given a copy of the Declarations of Restrictions. A statement signed by both Buyer and Seller must be given to the Manager as proof of delivery. Buyer must register with the Corporate office proof of age in accordance with the U. S. Department of Housing and Urban Development regulating communities intended and operated for occupancy by persons 55 years of age or older and the comparable provisions of Florida Statutes.

5.2 The Manager or his designee, shall thereupon have the first option to purchase the Lot of the Owner upon the same terms contained in the offer and shall have fifteen (15) days from the receipt of the copy of the offer to deliver notice to Owner of its intent to exercise this option. If a sale is made by Owner without complying with the provisions herein, the Manager shall have the option to purchase the property in accordance with the terms of the original offer within sixty (60) days after receiving actual notice of said transfer.

5.3 Each Owner shall refrain from soliciting prospective purchasers of his Lot, which have been brought into the Subdivision by the Manager or otherwise solicited by the Manger or any subsidiary or affiliate thereof. Each Owner shall refrain from interfering with any prospective or existing contractual relationship involving the Manager and any breach of the provisions of this Paragraph by an Owner shall entitle the Manager to bring an action for damages against the Owner and to recover reasonable attorney's fees, court costs and all other expenses of litigation.

5.4 Upon the purchase of each Lot and Home, each Owner shall enter into an exclusive listing agreement with the Manager or an affiliate thereof, whereby Owner appoints said entity the exclusive listing agent for such Home and Lot and agrees to pay such entity a reasonable real estate commission upon the resale of said Lot and Home.

If any Owner or persons in possession of a Lot or Lots shall violate or attempt to violate, any of the covenants, conditions and reservations herein, it shall be lawful for the Manager, in its sole discretion, to prosecute any proceedings at law if any Owner or persons in possessions of a Lot or Lots shall violate, or in equity, against any such person or persons violating or attempting to violate any such covenants, conditions or reservations, either to prevent him or them from so doing, or to recover damages or any property charges for such violation. Costs of such proceedings, including reasonable attorney's fees, shall be paid by the party losing said suit.

Invalidation of any of these covenants by a court of competent jurisdiction shall in no way affect any of the other covenants, which shall remain in full force and effect.

By the recording in the public records of Polk County, Florida, of an additional Declaration or Declarations, the Manager is permitted to subject additional property or properties, either contiguous to and not contiguous to the Subdivision, to covenants, restrictions, reservations and servitudes identical or similar to this Declaration, and may integrate additional properties into the Subdivision for any or all purposes hereunder. Specifically, and without limitation, Manager may provide the owners located within such additional properties with access to recreational areas and facilities clubhouses, golf courses, marinas or other facilities located within the Subdivision, upon the same terms and conditions that the Owners have access to such facilities.

The foregoing covenants, restrictions, reservations, reservations and servitudes shall be considered and construed as covenants, restrictions, reservations and servitudes running with the land, and the same shall bind all persons claiming ownership of all or any portions of said lands. Any inconsistency or vagary in this Declaration shall be resolved by the Manager in writing and recordable form which shall have the effect of amending this Declaration for the purposes of establishing such further restrictions or changing existing restrictions as it deem necessary to carry out the spirit and intent of this Declaration.

10. (11/13/2002) The foregoing Second Supplemental and Amended Declaration of Restrictions is for the purpose of supplementing, amending, or clarifying the Declaration of Restrictions as previously recorded and as amended, and shall not amend the said previously recorded Declaration of Restrictions or other Amendments thereto other than as set forth herein. The Manager retains the same rights concerning Amendments as previously set forth in the previously recorded Declaration of Restrictions and Amendments thereto governing the Subdivisions.

 

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