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MASTER DECLATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS
FOR
GRAND HAVEN

ARTICLE X – GENERAL PROVISIONS

          Section 10.1 – Duration.   The covenants, conditions, restrictions, reservations and easements of this Declaration shall run with and bind the Properties, and shall inure to the benefit of and be enforceable by the Developer, the Association, or the Owner of any land subject to this Declaration, and their respective legal representatives, heirs, successors and assigns, for a term of thirty (30) years from the date this Declaration is recorded, after which time said covenants shall be automatically extended for successive periods of then (10) years unless an instrument signed by the then Owners of two-thirds (2/3) of the Lots agreeing to revoke said covenants has been recorded.  No such agreement to revoke shall be effective unless made and recorded one (1) year in advance of the effective date of such agreement and (i) unless written notice of the proposed agreement is sent to every Owner at least ninety (90) days in advance of any action taken and (ii) the Association provides for the transfer of its obligations to maintain the Common Property to an entity acceptable to the County of Brevard.

          In the event of termination, dissolution or final liquidation of the Association, prior thereto, the responsibility for the operation and maintenance of the Surface or Stormwater Management System will be transferred to and accepted by an entity which would comply with Section 40C-4.027, F.A.C. and be accepted by the St. Johns River Water Management District, or its successor, in writing.

          Section 10.2 – Notice.  Any notice or other communication required or permitted to be given or delivered hereunder to any Owner shall be deemed properly given or delivered upon the mailing thereof by United States mail, postage prepaid, to:  (i) an Owner, at the address of the person whose name appears as the Owner on the records of the Association at the time of such mailing, and in the absence of any specific address of any Lot owned by such Owner; and (ii) the Association, at Post Office Box 3767, Cocoa, Florida 32924, or such other address as the Association shall hereinafter notify Developer and the Owners of in writing, and (iii) Developer at Post Office Box 3767, Cocoa, Florida 32924, or such other address or addresses as Developer shall hereafter notify the Association of in writing, any such notice to the Association of a change in Developer’s address being deemed notice to the Owners.  Upon request of an Owner, the Association shall furnish to such Owner the then current address for Developer as reflected by the Association records.

          Section 10.3 – Incorporation of Grand Haven Documents.  Any and all deeds conveying a Lot or any other portion of the Properties shall be conclusively presumed to have incorporated therein all of the terms and conditions of this Declaration and any Supplemental Declaration files by the Developer in accordance herewith, whether or not the incorporation of the terms and conditions of this Declaration are specifically set forth by reference in such deed, and acceptance by the grantee of such a deed shall be deemed to be acceptance by such grantee of all of the terms and conditions of this Declaration.

          Section 10.4 – Enforcement. The provisions, covenants and restrictions of this Declaration may be enforced by the Association, the Developer or by the Owner of any Lot by means of a proceeding at law or in equity against any person or persons violating or attempting to violate any covenant or restriction, condition, reservation or easement either to restrain violation or to recover damages, and against the land to enforce an lien created by these covenants; and failure by the Association, the Developer or any Owner to enforce any covenant, restriction, condition, reservation or easement herein contained shall in no event be deemed a waiver of the right to do so thereafter.  Should the Association fail to enforce these covenants, provisions and restrictions, the County of Brevard, upon thirty (3) days prior written notice, shall be entitled to enforce this Declaration in lieu and in stead of the Association.  These remedies shall be cumulative of all other remedies provided by law.

          Section 10.5 – Amendment.  In addition to any other manner herein provided for the amendment of this Declaration, the reservations, conditions, covenants, restrictions, easements, charges and liens of this Declaration may be amended changed or added to at any time and from time to time upon the execution and recordation of any instrument executed by the Developer, for so long as there is a Class B Member of the Association; or alternatively, by approval at a meeting of Owners holding not less than two-thirds (2/3) of the votes of the membership of the Association, provided that so long as the Developer is the Owner of any Lot affected by this Declaration, the Developer’s consent must be obtained if such amendment, in the sole opinion of the Developer, affects its interest.

          Any amendment to this Declaration which would affect any rights, benefits or privileges afforded to the County of Brevard must have the prior written approval of the County of Brevard.

          Any amendment to this Declaration which would affect the surface water management system, including the water management portions of the common areas, must have the prior approval of the St. Johns River Water Management District.

          The Developer shall have the absolute right, without the consent of any Owner, to amend this Declaration and the Articles and Bylaws of the Association in order to comply with any approval requirement, rule or regulation of the Federal Housing Administration or the Veteran’s Administration.

          Section 10.6 – Condemnation.  In the event all or part of the Common Property owned by the Association shall be taken or condemned by any authority having the power of eminent domain, all compensation and damages shall be paid to the Association.  The Board of Directors of the Association shall have the right to act on behalf of the Association with respect to the negotiation and litigation of the taking or condemnation issues affecting such property.  The proceeds of any condemnation or taking by eminent domain shall be added to the funds of the Association.

          Section 10.7 – FHA/VA Approval.  As long as there is a Class B membership, the following actions will require the prior approval of the Federal Housing Administration or the Veteran’s Administration:  Annexation of additional properties, dedication of Common Area, and the amendment of this Declaration of Covenants, Conditions and Restrictions, the Articles or the Bylaws of the Association.

          Section 10.8 – Rules and Regulations.  All Lot Owners shall comply with the rules and regulations adopted and amended from time to time by the Board of Directors.  Such rules and regulations shall be for the purpose of elaboration and administration of the provisions of this Declaration and shall relate to the overall development of the Property, and shall not in any way diminish the powers of self-government of the Association.  The initial rules and regulations for Grand Haven are attached hereto and made a part of this Declaration as Exhibit F.

          Section 10.9 – Legal Fees.  Any and all legal fees, including but not limited to, attorneys’ fees and court costs which may be incurred by the Association in the enforcement of any of the provisions of this Declaration, regardless of whether such enforcement requires judicial action, shall be assessed (by either general or special assessment) against and collectible from the Lot Owner against whom such action was taken and shall be a lien against such Owner’s Lot in favor of the Association.

          Section 10.10 – Action without Meeting.  Any action required to be taken hereunder by vote or assent of the Members may be taken in the absence of a meeting by obtaining the written approval of the requisite number of Members.  Any action so approved shall have the same effect as though taken at a meeting of the Members, and such approval shall be duly filed in the minute book of the Association.

          Section 10.11 – Interpretation.  The Board of Directors shall have the right to determine all questions arising in connection with this Declaration, and to construe and interpret its provisions and its determination, construction or interpretation, shall be final and binding.  In all cases, the provisions of this Declaration shall be given that interpretation or construction that will best tend toward the consummation of the general plan of improvements.  The provisions of this Declaration shall be liberally construe to effectuate their purpose of creating a uniform and consistent plan for the development and operation of the Property.

          Section 10.12 – Authorized Action.  All actions which the Association is allowed to take under this instrument shall be authorized actions of the Association if approved by the Board of Directors in the manner provided for in the Bylaws of the Association, unless the terms of this instrument provide otherwise.

          Section 10.13 – Severability.  In the event any of the provisions of this Declaration shall be deemed by a court of competent jurisdiction, said judicial determination shall in no way affect any of the other provisions hereof, which shall remain in full force and effect and any provisions of this Declaration deemed invalid by a court of competent jurisdiction by virtue of the term or scope thereof shall be deemed limited t the maximum term and scope permitted by law.  Further, the invalidation of any of the covenants or restrictions or terms and conditions of this Declaration or reduction in the scope or term of the same by reason of judicial application of the legal rules against perpetuities or otherwise shall in no way affect any other provision which shall remain in full force and effect for such period of time and to such extent as may be permitted by law.

          Section 10.14 – Attorneys’ Fees.  Any provision in this Declaration for the collection or recovery of attorneys’ fees shall be deemed to include, but not limited to, attorneys’ fees for the attorneys’ services at all trial and appellate levels and, unless the context clearly indicates a contrary intention, whether or not suit is instituted.

          Section 10.15 – Withdrawl.  Anything herein to the contrary notwithstanding, Developer reserves the absolute right to amend this Declaration at any time, without prior notice and without the consent of any person or entity, for the purpose of removing certain portions of the Properties from the provisions of this Declaration.

          Section 10.16 – Certain Agreements Incorporated by Reference.  The following agreements are hereby incorporated herein by reference and shall be binding upon the Association and the Owners of Lots within Grand Haven:

(i) that certain Agreement to Donate Land dated March 5, 1996, and recorded in Official Records Book 3577, Page 1376, as subsequently amended by instrument recorded in Official Records Book 4059, Page 0051, Public Records of Brevard County, Florida.

(ii) that certain Binding Development Plan between Board of County Commissioners of Brevard County, Florida and the Developer, as recorded in Official Records Book 4061, Page 1764, Public Records of Brevard County, Florida, as amended by Binding Development Plan (Amended and Restated) recorded in Official Records Book 4224, Page 2052, Public Records of Brevard County, Florida.

(iii) that certain Notice of Covenants, Agreements and Other Provisions dated August 20, 1999, and recorded in Official Records book 4059, Page 0096, Public Records of Brevard County, Florida.

(iv) that certain Agreement and Grand of Drainage Easements and assignment of Rights, as recorded in Official Records Book 4059, Page 134, Public Records of Brevard County, Florida.

          Section 10.17 – Impact Fees.  The purchaser of Lots within Grand Haven shall be responsible for any and all fees, charges and/or assessments which are imposed or levied as a result of such purchaser’s construction of a residence upon such Lots, including, but not limited to, connection fees, impact fees and similar fees, charges and impositions applicable to such construction.  At such time as impact fees are due and payable to the governmental until having jurisdiction, purchaser agrees to purchase any impact fee credits which A. Duda & Sons, Inc. may have available which may be applied to such improvements, if any.  The purchaser shall pay for such impact fee credits and amount equal to the impact fees purchaser would otherwise be required to pay to Brevard County, Florida or other governmental body having jurisdiction in connection with such improvements.

          Section 10.18 – I-95 Exchange.   The Developer hereby discloses that it is contemplated and intended that the Pineda Extension will be widened to four lanes and extended to connect with I-95 to the west.

          Section 10.19 – St. Andrews Boulevard Extension.  The Developer hereby discloses that at some  future date, St. Andrews Boulevard may be extended to connect with the Pineda Extension at a location yet to be determine.

          Section 10.20 – Conflict.  This Declaration shall take precedence over conflicting provisions in the Articles of Incorporation and Bylaws of the Association, and the Articles shall take precedence over the Bylaws.

          Section 10.21 – Gender and Number.  The use of the masculine gender herein shall be deemed to include the feminine gender, and the use of the singular shall be deemed to include the plural, whenever the context so requires.

          Section 10.22 – Effective Date.  This Declaration shall become effective upon its recordation in the Public records  of Brevard County, Florida.

          Section 10.23 – Law to Govern.  This Declaration shall be construed in accordance with the laws of the State of Florida, both substantive and remedial.

          IN WITNESS WHEREOF, the Developer has executed this Master Declaration of Covenants, Conditions and Restrictions for Grand Haven as of the date first above written.