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MASTER DECLATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS
FOR
GRAND HAVEN

ARTICLE IV – PROPERTY RIGHTS IN THE COMMON PROPERTIES

          Section 4.1 – Ownership.  The Common Properties shall be conveyed or assigned, free and clear of all liens and encumbrances, to the Association for the joint and several use, in common, of the Owners of all Lots that may from time to time constitute part of the Properties, but only for their restricted purposes and uses as set forth in a recorded subdivision plat of that portion of the Properties within which such Common Properties are located or as set forth in a separate instrument recorded by the Developer, subject to the right of the Developer to designate certain of such Common Properties as Limited Common Properties.  When all improvements proposed by the Developer to be constructed within the Properties have been completed and conveyed to by the Developer to be constructed within the Properties have been completed and conveyed to purchasers (if applicable), or sooner at the Developer’s option exercisable from time to time as to any portion or all of the Common Properties, the Developer, or its successors and assigns, shall convey, assign and/or transfer the record fee simple title or such right, title and interest as shall then be owned by it to the Common Properties to the Association, and the Association shall accept such conveyance and/or assignment, holding title and interest for the Owners as stated in the preceding sentence.  Beginning upon the date the Common Properties are deeded and/or assigned to the Association, the Association shall be responsible for the maintenance and operation of all Common Properties, including, without limitation, the limited Common Properties, in a continuous and satisfactory manner.  The Association shall be responsible for the payment of all real estate taxes and assessments upon the Common Properties during periods of construction upon adjacent properties, and for the purpose of construction of any facilities on the Common Properties that Developer elects to build, and Developer shall have the right to use the Common Properties for sales, displays and signs during the period of construction and sales of all the land owned by Developer within the Properties.

          Section 4.2 – Members’ Easements.  Each Member of the Association, and each tenant, agent and invitee of such Member, shall have a permanent and perpetual easement for the use of the Common Properties for their intended and restricted purposes only in common with all other such members of the Association, their tenants, agents and invitees, subject, however, to the right of the Developer to designate certain portions of the Common Properties as Limited Common Properties.

          The rights of use are hereby made subject to the following superior rights and restriction:

4.2(a) The provisions of this Declaration and any restrictions on the recorded plat or plats of Properties.

4.2(b) The provisions of any conservation easement affecting any portion or portions of the Common Properties.

4.2(c) The right of the Association to adopt at any time and from time to time enforce rules and regulations governing the use of the Common Properties and all facilities at any time situated thereon.  Any rules and/or regulations so adopted shall apply until rescinded or modified as if originally set forth at length in this Declaration.

4.2(d) The right of the Developer to designate certain Common Properties as Limited Common Properties.

          Section 4.3 – Easements Appurtenant.  The easements provided in Section 4.2 shall be appurtenant to and shall pass with the title to each Lot.

          Section 4.4 – Maintenance of Common Properties.  The Association shall at all times maintain in good repair, operate, manage and insure, and shall replace as often as necessary, the Common Properties, including, without limitation, the recreational facilities and improvements, private streets and walkways, and any and all landscaping and other improvement features situated on the Common Properties (upon completion of construction by Developer), including, without limitation, the Limited Common Properties.  All such work to be done as ordered by the Board of Directors of the Association acting on a majority vote of the Board members.  Without limiting the generality of the foregoing, the Association shall assume all of Developer’s responsibility of any kind to the St. Johns River Water Management District, Brevard County, Florida and any other governmental or regulatory agencies with respect tot eh Common Properties, including but not limited to, the entry features, the Surface Water or Stormwater Management System, the Sandhill Crane Conservation Easement Areas and the Wetland Conservation Easement Areas and shall indemnify Developer and hold Developer harmless with respect thereto.  In addition, the Association shall maintain and insure the entrance sign for Grand Haven located on  Wickham Road and shall be responsible for removal of the same should such removal be required by Brevard County.   Not later than the date on which the Class A members are entitled to elect a majority of the members of the Board of Directors f the Association, the Developer shall assign the permit issued by the St. Johns River Water Management District for the Surface Water or Stormwater Management System and the Association shall be obligated to accept such assignment.  The Association shall also assume and be responsible for certain maintenance responsibilities with respect to certain offsite stormwater easement areas associated with the Properties.  All work pursuant to this Section and all expenses hereunder shall be paid for by the Association through assessments imposed in accordance with Article VI, and shall be assessed against all Lots as provided for in Article VI hereof, provided, however, the assessment with respect to Lots located within particular phases or sections of Grand Haven may included charges for maintenance of those Limited Common Properties appurtenant to such phases or sections which are no shared among the Owner of Lots within other phases or sections of Grand Haven.  No Owner may waive or otherwise escape liability for the assessments for such maintenance by non-use of the Common Properties or Limited Common properties or abandonment of his right to use thereof.

          Section 4.5 – Maintenance and Operation of Surface Water or Stormwater Management System..  The Association shall be responsible for the maintenance, operation and repair of the Surface Water or Stormwater Management System.  Maintenance of the Surface Water or Stormwater Management System shall mean the exercise of practices which allow the systems to provide drainage, water storage, conveyance or other surface water or stormwater management capabilities as permitted by the St. Johns River Water Management District.  The Association shall be responsible for such maintenance and operation.  Any repair or reconstruction of the Surface Water or Stormwater Management System shall be as permitted, or if modified as approved by the St. Johns Water Management District.

          The St. Johns River Water Management district shall have the right to enforce, by a proceeding at law or in equity, the provisions contained in the Declaration which relate to the maintenance, operation and repair of the Surface Water or Stormwater Management System.

          Section 4.6 – Easement Grant and Restrictions.  The Developer does hereby give and grant unto the Association a perpetual easement for the use, development, installation, maintenance and care of all landscaping, walks, walls, signage and fences or other improvement features upon and within the Common Properties shown on the plat or plats of the Properties as recorded by the Developer, together with full right and authority of the Association, its officers, agents and/or employees to enter upon such areas for the installation, maintenance, removal, replacement, care and treatment of all recreational facilities, walks, walls, signage, fences and landscaping thereon as it may deem necessary and proper.

          All walls, walks, fences, signage, landscaping, trees, grass, plants and plant material or other improvement features for the development of such Common Properties shall be installed, developed, replaced and maintained by the Association in accordance with the requirements and standards of Brevard County, Florida.

          No structure, fence or landscaping that interferes with the flow or retention of storm water and no refuse shall be placed upon or allowed to remain on any part of a Lot within any easement area for storm water drainage or retention, and the storm water drainage and retention areas, including drainage swales or retention ponds, shall not be filled or otherwise changed so as to alter or block the flow or the quantity of water.  Owners of Lots within which any easement for storm water drainage or retention lies shall be responsible for the maintenance of such areas to permit the flow and retention of water in accordance with the approved storm water drainage and retention system plan required.  If any owner shall fail to comply with any part or all of the restrictions contained in this Section, the Association shall notify the Owen in writing, shall have the right to correct such failure to comply herewith, to assess and collect the cost thereof, and shall have a lien upon the Lot upon which the work was performed, all in accordance with the provisions of Article VI governing the collection of assessments.

          Section 4.7 – Utility Easements.  In addition to the utility and drainage easements as established and imposed upon each lot in a recorded subdivision of plat of the Properties, as identified in Section 2.1, hereof, there is hereby created a blanket easement upon, across, over, through and under the Properties for ingress, egress, installation, replacement, repair and maintenance of all utility and service lines and systems, including but not limited to, water, sewers, treated sewage effluent water refuse disposal system, gas, telephones, electricity, drainage, television, cable or communication lines and systems.  By virtue of this easement it shall be expressly permissible for the Developer or the providing utility or service company to install and maintain facilities and equipment on said Property, to excavate for such purposes and to affix and maintain wires, circuits and conduits on, in and under the roofs and exterior walls of all buildings, providing such company restores disturbed areas to the condition in which they were found.  This easement shall in no way affect any other recorded easements on said premises.  Public and private utilities may be installed underground in the Common Properties when necessary for the service of the Properties or other lands within the Properties.  All of the rights and easements granted in this Section 4.7 may only be utilized after written approval therefore shall be granted by the Association, and then only in accordance with such conditions and limitations as the Association shall establish in its approval.

          Section 4.8 – Access Easements.  Fire, police, health, utility, drainage, sanitation and other public or private service personnel and vehicles shall have a permanent and perpetual easement for ingress and egress over and across the Common Properties.

Section 4.9 – Supremacy Reservation.  Notwithstanding any other provision of this Declaration, the Developer reserves the right to convey to any governmental entity or agency title to, or an easement over, all or any portion of the Common Property as will be located and identified upon any recorded subdivision plat or plats of the Property.

          Section 4.10 – Mortgaging or Conveyance of Common Properties.  In no event shall any portion of the Common Properties be mortgaged or conveyed without the consent of at least two thirds 2/3 of the Members of the Association excluding the Developer.