ARTICLE I DEFINITIONS

Section One:

ARTICLE II PROPERTY SUBJECT TO THIS DECLARATION ADDITIONS THERETO

Section One:

Section Two:

ARTICLE III ARCHITECTURAL, MAINTENANCE AND USE RESTRICTIONS WITH RESPECT TO SINGLE-FAMILY LOTS

Section One: Approval of Plans and Architecture.

Section Two: Setbacks.

Section Three: Land Use.

Section Four: Maintenance.

Section Five: Other Uses.

Section Six: Fences, Hedges and Landscaping.

Section Seven: Animals.

Section Eight: Signs.

Section Nine: Utilities.

Section Ten: Wells and Irrigation.

Section Eleven: Noxious Activities.

Section Twelve: Storage of Materials.

Section Thirteen: Swimming Pools.

Section Fourteen: Sprinkling systems.

Section Fifteen: Excavation.

ARTICLE IV

Section One: Duration.

Section Two: Amendment.

Section Three: Enforcement.

Section Four: Attorneys’ Fees.

Section Five: Waiver.

Section Six: Invalidation.

Section Seven: Delegation and Assignability.

Section Eight: Headings and Binding Affect.

Section Nine: Unintentional Violation of Restrictions.

THIS DECLARATION, made this 6th day of February 1979, by SHELTER SOUTH, INC., a Florida corporation, hereinafter called “Developer” and the undersigned BRUCE MARGER, as Trustee, as “Owner”,

W I T N E S S E T H:

WHEREAS, the undersigned Trustee is the owner of the real property described in Article II of this Declaration and desire to create thereon an exclusive residential community to be named LAKESIDE ESTATES UNIT I.

WHEREAS, Owner desires to insure the attractiveness of the individual Lots within LAKESIDE ESTATES UNIT I to prevent any future impairment thereof, to prevent nuisances, to preserve, protect and enhance the values and amenities of the said property; and to this end, desires to subject the real property described in Article II together with such additions as may hereafter be made thereto (as provided in Article II) to the covenants, conditions, restrictions, easements, charges and liens, hereinafter set forth, each and all of which is and are for the benefit of said property and each owner thereof.

NOW, THEREFORE, the Owner declares that the real property described in Article II, and such additions thereto as may hereafter be made pursuant to Article II hereof, is and shall be held, transferred, sold, conveyed and occupied subject to the covenants, conditions, restrictions, easements, charges and liens hereinafter set forth.

ARTICLE IDEFINITIONS

Section One:

The following words when used in this Declaration or any supplemental Declaration (unless the context shall prohibit) shall have the following meanings:

  1. “Lakeside Estates Unit I” shall mean and refer to all existing properties, as are subject to this Declaration.
  2. “Private Dwelling Unit” shall mean and refer to all living units within Lakeside Estates Unit I.
  3. “Owner” shall mean and refer to the record owner, whether one or more persons or entities, of the fee simple title to any Private Dwelling Unit situated within Lakeside Estates Unit I, but shall not include mortgagee.
  4. “Developer” shall mean and refer to SHELTER SOUTH, INC., a Florida corporation, its successors and assigns.
  5. “Lot” Shall mean and include all parcels of land duly recorded and identified by the Plat, intended or designed for the construction thereon of one Private Dwelling unit as herein defined.
  6. “Declaration” refers to this document and all amendments and additions thereto.

ARTICLE IIPROPERTY SUBJECT TO THIS DECLARATION ADDITIONS THERETO

Section One:

Existing Property. The real property which is, and shall be, held, transferred, sold, conveyed, and occupied subject to this Declaration is located in the County of Pinellas, State of Florida, and is more particularly described as LAKESIDE ESTATES UNIT I, as per plat recorded in Plat Book 79, Pages 35 and 36, Public Records of Pinellas County, Florida.

Section Two:

Additions to development without further assent or permit. Developer hereby reserves the right, exercisable from time to time, to subject other real property to the restrictions set forth herein, in order to extend the scheme of this Declaration to other property to be developed as part of LAKESIDE ESTATES, and thereby to bring such additional properties within the jurisdiction of the Developer. The additions herein authorized shall be made by filing of record one or more supplementary declarations with respect to the properties to be then subject to this and which shall subject such addition to the charges provided herein. Each supplementary declaration may contain such complementary additions and modifications of the Covenants, Conditions and Restrictions contained herein as may be necessary to reflect the different character, if any, of the added properties; however, any such supplemental declaration or any such other declaration shall not revoke or otherwise amend the provisions of this Declaration as this Declaration pertains to the properties subject thereto. Any addition shall be referred to as “Unit II”, “Unit III”, etc., as the case may be.

ARTICLE IIIARCHITECTURAL, MAINTENANCE AND USE RESTRICTIONSWITH RESPECT TO SINGLE-FAMILY LOTS

The following architectural, maintenance and use restrictions shall apply to each and every Lot now or hereafter subjected to this Declaration:

Section One: Approval of Plans and Architecture.

For the purpose of further insuring the development of said land as a residential area of highest quality and standard, and in order that all improvements on each Lot shall present an attractive and pleasing appearance from all sides of view, the Owner reserves and gives to the Developer the exclusive power and discretion to control and approve all of the buildings, structures and other improvements on each Lot in the manner and to the extent set forth herein. No residence or other building fence, wall, utility yard, driveway, swimming pool or other structure or improvement, regardless of size or purpose, whether attached to or detached from the main residence, shall be commenced, placed, erected or allowed to remain on any Lot, nor shall any addition to or exterior change or alteration thereto be made, unless and until building plans and specifications covering same, showing the nature, kind, shape, heights, size, materials, floor plans, exterior color schemes, location and orientation of the Lot and approximate square footage, construction schedule, front, side and rear elevations and such other information as the Developer shall require, including if so required, plans for the grading and landscaping of the Lot showing any changes proposed to be made in the elevation or surface contours of the land, have been submitted to and approved in writing by the Developer. All architectural, remodeling and landscape plans must be accompanied by site plans which show the siting of homes on each side of the residency under consideration.

The Developer shall have the absolute and exclusive right to refuse to approve any such building plans and specifications and lot-grading and landscaping plans which are not suitable or desirable in its opinion for any reason whatsoever, including purely aesthetic reasons and reasons connected with future development plans of the Developer of said land or contiguous land. In the event the Developer rejects such plans and specification as submitted, the Developer shall so inform the Owner in writing an along with reasonable detail of reason(s) for disapproval and the Developer’s recommendations to remedy same if in the sole opinion of the Developer a satisfactory remedy is possible. In passing upon such building plans and specifications and lot-grading and landscaping plans, the Developer may take into consideration the suitability and desirability of proposed constructions and of the materials of which the same are proposed to be built to the building Lot upon which it is proposed to erect the same, the quality of the proposed workmanship and materials, the harmony of external design with the surrounding neighborhood and existing structures therein, and the effect and appearance of such constructions as viewed from the neighboring properties. In addition, there shall be submitted to the Developer for approval such samples of building materials proposed to be used as the Developer shall specify and require.

As a prerequisite to consideration for approval, and prior to beginning the contemplated work, two (2) complete sets of plans and specifications must be submitted to the Developer. Upon giving written approval, construction shall be started and prosecuted to completion promptly and in strict conformity with such plans and specifications. Developer shall be entitled to stop any construction in violation of these restrictions and any such exterior addition to or change or alteration made without application having first been made and approval obtained as provided above, shall be deemed to be in violation of this covenant, and may be required to be restored to the original condition at Owner’ cost. In the event the Developer fails within forty-five (45) days to approve or disapprove such plans and specifications, approval will not be required, and this Section shall be deemed to have been fully complied with. The Developer shall have the right to charge a reasonable fee for receiving such application for approval of plans and specifications. For the period ending December 31, 1980, said fee shall not exceed TWENTY FIVE DOLLARS ($25.00) for each review of house plans and specifications, which fee shall be completely separate from the purchase price, and for the period ending December 31, 1980, said fee shall not exceed TWENTY FIVE DOLLARS ($25.00) for each application for repairs, remodeling, alteration or addition.

  1. It shall be the responsibility of the Developer from time to time to publish and distribute to architects and/or builders and Lot Owners acceptable specifications, materials and standards for house construction.
  2. All garages must be used and maintained as garages, and must be attached to or made an integral part of the structure. Drives must be concrete.
  3. Plans and specifications shall be prepared by an architect or builder registered in the State of Florida. The architect or builder submitting the plans must state in writing that he has visited the site and is familiar with all existing site conditions.
  4. All structures must be built to comply substantially with the plans and specifications as approved by the Developer and, before any house can be occupied it must be completely finished and a certificate of occupancy must be issued by the County. Outside walls must be stucco, except for those portions having wood panel or trim, brick, tile or other finish acceptable to the Developer.

Section Two: Setbacks.

Minimum setback lines are not intended to engender uniformity of setbacks; they are meant to avoid overcrowding and monotony. It is intended that setbacks may be staggered where appropriate so as to preserve important trees, and assure vistas of open areas. The Owner reserves to the Developer the right to select the precise site and location of each house or other structure on each Lot and to arrange the same in such manner and for such reasons as it shall deem sufficient.

Section Three: Land Use.

  1. By or with the written consent of the Developer, one or more Lots or parts thereof, may be resubdivided or combined to form one single building Lot, provided, however, in such event, the resulting lots shall not be smaller in total area than either of the original lots prior to such subdivision. If this is done, the vote appurtenant to the divided Lot shall pass to the Owner of the larger portion.
  2. No structure of a temporary nature or character shall be used as a residence.
  3. No building or structure shall be moved onto any Lot, it being the intent of this restriction that any and all buildings or structures on any of the Lots shall be constructed thereon.
  4. No building erected for use as a garage upon a Lot or any part thereof, shall ever be used as a residence; nor shall any trailer or vehicle used for housing of any kind be allowed to park or remain within the boundaries of any of the Lots, whether for dwelling purposes or not; however, temporary sheds, trailers or small buildings necessary to the construction of permanent dwellings may be used for the purpose of such construction and may remain on the land for a maximum of 180 days, or until the time of completion of the dwelling, whichever is sooner, unless extended by the Developer.

Section Four: Maintenance.

  1. All Lots, together with the exterior of all improvements, if any, located thereon, shall be maintained in a neat and attractive condition by their respective Owners. Such maintenance shall include, but not be limited to, painting, repairing, replacing and caring for roofs, screens, windows, gutters, downspouts, building surfaces, trees, shrubs, walks and other exterior improvements. Each Owner shall also be responsible for maintaining that portion of a street used as his yard, which lies between a Lot and the paved street in the same manner as if said Owner owned it. In the event the Owner shall decline to maintain his Lot, and the above mentioned strip, if any, and the improvements situated thereon in a manner satisfactory to the Developer, the Developer shall have the right, through its agents and employees, to enter upon said Lot and strip of land and the exterior of the buildings and any other improvements erected thereon and perform such maintenance. The cost of such exterior maintenance shall be added to and become part of the charge to which such Lot is subject and the Owner shall be personally liable to the Developer for the costs of such maintenance and the costs, until paid, shall be a permanent charge and lien upon such Lot and shall bear interest at the highest rate allowed by law. Entry to perform maintenance shall be only between the hours of 7:00 A.M. and 6:00 P.M. on any day except Sunday. Such entry as herein provided shall not be a trespass, nor shall the Developer be liable for doing anything reasonably necessary or appropriate in connection with carrying out these provisions.
  2. The Owner of a Lot shall not plant punk or pepper trees. No tree can be removed from a Lot once all construction is completed unless it has died. Then, it must be replaced by the Owner of the Lot at his expense, in an area with an exposure to public view equivalent to that of the tree removed.

Section Five: Other Uses.

  1. Clotheslines shall be limited to rear yards or made not visible to adjoining property owners and the street. Garbage containers shall be sunk or concealed by wall, fence, or shrubbery. Yards, front, back and sides shall be sodded within three (3) days of occupancy. No stone yards or other artificial material shall be installed on or maintained on Lots in place of natural sod grass yards.
  2. Subject to the Developer’s approval, street mailboxes shall be of the type consistent with the character of Lakeside Estates Unit I and shall be placed and maintained to complement the houses in the neighborhood. At such time as door postal service is available, Owners shall be required to have mailboxes attached to the main dwelling structure and mailboxes shall be removed within ten (10) days of commencement of such door postal service.

3.No trucks, buses, boats, travel trailers, boat trailers, or any other type of trailers or commercial vehicles shall be permitted to park overnight on a Lot, or in streets abutting a Lot, unless in an enclosed garage. The use of any motor vehicle, including motorcycles, motor scooters or trail bikes is prohibited on the grass areas of the common lands, nor may any vehicle, including but not limited to, trailer or motor home be parked in these areas.

4.No house or other structure on any residential Lot will be used for commercial or business purposes. No noxious, dangerous or offensive trade or activity shall be conducted or permitted upon said property, or any part thereof, nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood. No trash, rubbish, stored materials, wrecked or inoperable vehicles or similar unsightly items shall be allowed to remain on any Lot outside an enclosed structure. However, the foregoing shall not be construed to prohibit temporary deposits of trash, rubbish and other such debris for pickup by garbage and trash removal service units. In the event that the Owner of any developed Lots fails or refuses to keep such property free from any of the foregoing unsightly items, weeds or underbrush, the Developer may, at its option, ten (10) days after posting a notice thereon or mailing a notice to said Owner at his property address requesting Owner to comply with requirements of this paragraph, enter and remove all such unsightly items and growth at said Owner’s expense, and Owner shall be personally liable to the Developer for the costs of removal and the costs until paid shall be a permanent charge and lien upon such Lot and shall bear interest at the highest rate allowed by law. By acquiring property subject to these restrictions, each and every Owner agrees to pay such costs promptly upon demand by the Developer, its agents, assigns or representatives. No such entry as provided herein shall be deemed as a trespass. The provisions of this section shall not apply to Lots upon which houses are under construction.