Bylaws and Covenants

THIS DECLARATION is made and executed this 16th day of February, 1993, by Marketprice Properties Florida Corporation, hereinafter referred to as "Declarant."

WITNESSETH:

WHEREAS, Declarant is the owner of certain property located in Leon County, Florida, and more particularly described in “Exhibit B” attached hereto and by reference made a part hereof.

NOW THEREFORE, Declarant hereby declares that all of the properties described in “Exhibit B” attached hereto shall be held, sold and conveyed subject to the following easements, restrictions, covenants and conditions, which are for the purpose of protecting the value and desirability of, and which shall run with, the real property and be binding on all parties having any right, title or interest in the described properties or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof.

Section 1. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any Lot which is a part of the Properties, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation.

Section 2. "Properties" shall mean and’ refer to that certain real property described in "Exhibit B" attached hereto, and such additions thereto as may hereafter be annexed pursuant to the terms of this Declaration.

Section 3. "Plat of Ox Bottom Manor, Unit II, Phase 3A" shall mean and refer to the plat of Ox Bottom Manor, Unit II. Phase to be recorded in the public Records of Leon County, Florida.

Section 4. "Lot" shall mean and refer to each lot designated on the Plat of Ox Bottom Manor, Unit II, Phase 3A

Section 5. "Declarant" shall mean and refer to Marketprice Properties, its successors and assigns, if such successors or assigns should acquire more than one unimproved Lot from any Declarant for the purpose of development and such successor or assign has received a written assignment of such Declarant’s rights hereunder. "Declarant" shall include the singular and the plural as the context may require.

To the extent authorized in the Declaration of General Protective Covenants and Restrictions for Ox Bottom Manor recorded in Official Records Book 1352, Page 1208, of the Public Records of Leon County, Florida, the Declarant shall have, reserve and retain the right, power and discretion, but not the obligation, in its sole discretion and without the joinder or consent of any Owner, to add the Properties to the land described in and encumbered by that Declaration of General Protective Covenants and Restrictions for Ox Bottom Manor recorded in Official Records Book 1352, Page 1208, of the Public Records of Leon County, Florida, by recording an amendment to the Declaration of General Protective Covenants and Restrictions for Ox Bottom Manor in the Public Records of Leon County, Florida. Upon such amendment, the Properties shall be subject to the terms, covenants, conditions, restrictions and liens of the said Declaration of General Protective Covenants and Restrictions of Ox Bottom Manor, and all Owners shall become members of the Ox Bottom Manor Community Association, Inc., a Florida not-for-profit corporation, or its successor, and subject to assessment pursuant to the terms and conditions of the said Declaration of General Restrictive Covenants and Restrictions for Ox Bottom Manor.

No building, fence, wall, outbuilding or other structure or improvement shall be commenced, erected or maintained upon the Properties, nor shall any exterior addition to or change or alteration therein be made, nor shall any material alteration, addition or deletion be made to the landscaping of a Lot, until the plans and specifications showing the nature, kind, shape, height, materials, location and all other reasonable detail of the same shall have been submitted to and approved in writing as to harmony of external design and location in relation to surrounding structures and topography by an architectural committee composed of three (3) or more representatives subsequently appointed by the Declarant (the “Architectural Committee”), as hereinafter provided. In the event the Architectural Committee fails to approve or disapprove the plans and specifications within sixty (60) days after the complete plans and specifications have been submitted to them in accordance with this Declaration, approval will not be required and this Article will be deemed to have been fully complied with. In the event any improvement is destroyed in whole or in part, the improvement shall be reconstructed in accordance with the original plans and specifications approved by the Architectural Committee and any subsequently approved modifications thereto, or if the Owner desires to change the plans and specifications, all terms and conditions of this Declaration shall be complied with as if no improvement had been previously constructed. Declarant shall have the right to appoint the Architectural Committee until all Lots are sold and transferred by the Declarant. All members of the Architectural committee shall serve at the pleasure of the Declarant. The Declarant may appoint an architectural firm to serve as the Architectural Committee.

After all Lots are sold and transferred by the Declarant, the Architectural Committee shall be appointed by a majority of the Lot Owners or, if all Owners become members of the Ox Bottom Manor Community Association, Inc., as provided in Article II above, Architectural Committee shall be appointed by the Board of Directors of the said association. All notices or submission requests to be given to the Architectural Committee shall be in writing delivered by mail to the principal registered office of the Declarant as from time to time set forth in the records of the office of the Secretary of State of Florida, Corporate Division. Three copies of all such plans and specifications to be approved shall be furnished to the Architectural Committee. The Declarant may adopt a schedule of reasonable fees for processing requests for approval under this Article III. The plans and specifications shall include the following information:

(1) Building plans showing floor plans and front, side and rear elevations.
(2) Exterior finish schedule showing material, style, and color for all surfaces.
(3) Site plan showing location of buildings, drives, parking areas, sidewalks, and all other improvements.
(4) Landscape plan. The landscape plan may be submitted after construction commences, but must be approved by the Architectural Committee and implemented before occupancy.
(5) The contractor who will perform and be responsible for all work.

The purpose of this Article in providing the Architectural Committee with the authority to approve or disapprove plans and specifications for all improvements constructed on the Lots is to maintain the value of all Lots and to protect all Owners against a diminution of value resulting from the construction of a residence or other structure incompatible with the proper development of the Properties. The disapproval of such plans and specifications shall be in the sole discretion of the Architectural Committee and shall be based upon the following factors:

(1) Harmony of exterior design with the existing or proposed improvements to the Lots.
(2) General quality in comparison with the existing improvements to the Lots.
(3) Location in relation to surrounding improvements.
(4) Location in relation to topography.
(5) Changes in topography.
(6) Aesthetic considerations.

The Architectural Committee may establish and specify for any Lot, prior to construction, standards and requirements relating to excavation, dirt and fill storage, digging, backfilling, etc. for utility trenches and house construction, the color and composition of roofing materials, the color and composition of bricks or siding, and the style of architecture. Such standards and requirements may include, but not necessarily be limited to, the following: off-site storage of fill, dirt or construction debris; stockpiling of fill from utility trenches; backfilling utility trenches; and the general appearance of the houses. Such standards and requirements may vary from Lot to Lot and may be imposed by the Architectural Committee in its sole discretion so as to minimize disruption of trees, tree roots, existing ground cover, or other natural features. Indiscriminate grading or trenching will be strictly forbidden to minimize harm to natural features which protect and enhance the beauty and privacy of the entire Properties and to encourage the aesthetic standards of the neighborhood.

No Lot shall be used except for residential purposes and such other purposes set forth in this Declaration. No building or other improvement of any type shall be erected, altered, installed, placed or permitted to remain on any Lot other than a detached single family resident together with customary outbuildings and swimming pool as approved by the Architectural Committee. No above ground swimming pool shall be approved or allowed.

No Lot shall be re-subdivided after the Lot has been conveyed by the Declarant. This provision shall not, however, be construed to prohibit the Declarant from re-subdividing any Lot or otherwise altering the boundaries of Lots owned by the Declarant or to prohibit any Owner from conveying any part of his Lot to the Owner of an adjacent Lot, provided that the Declarant has approved such conveyance in writing. Such approval shall be in the sole discretion of the Declarant.

No dwelling shall be permitted on any Lot unless the ground floor area of the main structure contains at least 2,000 square feet for a one-story dwelling, exclusive of open porches, patios, terraces, storage areas and garages, and at least 1,000 square feet for a dwelling of more than one story, exclusive of patios, terraces and other areas not under roof, but inclusive of open porches, storage areas and garages under roof, provided that the floor area of the entire dwelling contains at least 2,000 square feet, exclusive of all open porches, patios, terraces, storage areas and garages. No dwelling shall exceed two and one-half stories in height (excluding basements).

Building locations shall be approved by the Architectural Committee, provided, however, no building shall be located on any Lot: within any building setback or easement area depicted on the Plat of Ox Bottom Manor, Unit II, Phase 3A nearer than forty (40) feet to the front Lot line; nearer than fifty (50) feet to the rear Lot line; nearer than fifteen (15) feet to a side—interior Lot line; or nearer than twenty-five (25) feet to any side street line. For the purposes of this Article, eaves and steps shall not be considered as a part of a building, provided, however, that this shall not be construed to permit any portion of a building to encroach upon another site. No driveway shall be located nearer than one (1) foot to an interior Lot line. No fence or wall shall be located nearer to the front Lot line than the rear of the primary building. No fence or wall shall exceed six (6) feet in height. No fence or wall shall be located nearer than two (2) inches to an interior lot line. The location and design of any fence must be approved by the Architectural Committee in accordance with Article III of this Declaration. The primary and front entrance to each dwelling shall face the Street. In the event a Lot has frontage on more than one street, the Declarant shall determine in its sole discretion which Street shall be deemed to be the front of the Lot. No landscaping or other improvement which obstructs horizontal sight lines at elevations between two and six feet above the street shall be placed or permitted to remain on any Lot within any triangular area formed by Street lines and a line connecting them at points twenty—five (25) feet from the intersection of the Street lines. In the case of a rounded corner, the twenty-five (25) feet shall be measured from the point formed by the extension of the Street line to form an angle instead of a curve. The same sight line limitations shall apply to that area of every Lot within the ten (10) feet radius emanating from the intersection of any boundary line of a Lot with the edge of the driveway pavement. Trees may be planted and maintained within any of these areas if the foliage line is maintained at a sufficient height to prevent obstruction of such sight lines. The Architectural Committee may, in its sole discretion, grant variances to the restrictions provided for in this Article.

Each building shall have a functional garage attached thereto with a capacity of not less than two (2) and not more than four (4) automobiles. Garage entrances shall face a property line that is not a road right—of-way. The Owner of each Lot shall ensure that the garage door is kept closed at all times except when entering or exiting the garage.

No noxious or offensive activity shall be carried on upon any Lot or any Common Area, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood.

No structure of a temporary character, trailer, basement, tent, shack, garage, barn, storage building, or other outbuilding shall be used on any Lot at any time as a residence either temporarily or permanently.

No sign of any kind shall be displayed to the public view on any Lot except one (1) professionally lettered sign of not more than five (5) square feet to advertise the property for sale or lease and except signs used by Declarant to advertise Lots for sale. Notwithstanding the foregoing, the Declarant shall have the right to use such signs as the Declarant deems appropriate to promote the sale of improved or unimproved Lots. Any sign shall be mounted on a freestanding post or sign holder.

No animals, livestock or poultry of any kind shall be raised, bred or kept on any Lot, provided, however, domestic dogs, cats or other household pets may be kept, provided they are not kept, bred or maintained for any commercial purpose, and provided further that no more than two (2) such pets shall be kept on any Lot without the approval of the Architectural Committee, and provided further the Owner shall maintain all such pets, and pens and structures intended for their use, in a clean and sanitary manner and in a manner which does not create a nuisance to other Owners. In furtherance and not in limitation of the foregoing, the owners of pets shall be responsible for removing from Lots and easement areas any excrement from their pets. No pen, doghouse or other structure intended for an animal shall be constructed or allowed to remain on any Lot unless approved by the Architectural Committee in accordance with Article III of this Declaration. All pets shall at all times be confined within the Owner’s dwelling, securely on a leash, or under strict voice control. There shall be no planting or maintenance of crops, vegetables or ornamental plants except for approved landscaping and except for domestic purposes. No garden area for crops or vegetables shall be visible from any street.

No exterior radio or television antenna may be installed on any portion of the Properties unless such installation and the size, color and design of the antenna have been approved by the Architectural Committee. No satellite—dish antenna shall be approved or placed or permitted to remain on any Lot. Any television antenna shall be removed if and when cable television is readily available to the Lot. Sports and play equipment, such as basketball goals and playground equipment shall be located to the rear of the dwelling in a manner in which it is not visible from any street. No tank for the storage of fuel, water or other substance shall be placed or permitted to remain on any Lot unless the tank is buried and the location of the tank is approved by the Architectural Committee.

No mail box or paper box or other receptacle of any kind for use in the delivery of mail, newspapers, magazines or similar materials shall be erected or located on the Properties unless and until the size, location and type of material for said boxes or receptacles shall have been approved by the Architectural Committee.

No weeds, underbrush or other unsightly growth shall be permitted to grow and remain on any Lot, and no refuse, trash or other unsightly material shall be placed or permitted to remain on any Lot. Each Owner shall maintain the landscaping, including the trees, shrubs and grass within the boundaries of his Lot, and the exterior of the building located on the Lot in a neat and attractive condition. If an Owner shall fail to maintain or make the repairs or replacements which are the responsibility of such Owner, the Declarant, after not less than ten (10) days’ notice to the Owner, shall have the right (but not the obligation) to enter upon such Lot and provide such maintenance or make such repairs or replacements as it deems necessary or appropriate, and the cost. thereof shall be payable to the Declarant by such Owner within ten (10) days after the delivery to the Owner of a demand for payment. Amounts due hereunder may be enforced and collected, together with interest and attorneys’ fees in the manner provided in Article XXX. For the purpose solely of performing the maintenance authorized by this paragraph, the Declarant’s agents and employees shall have the right, after reasonable notice to the to enter upon any such Lot between the hours of 7:00 a.m. and 6:00 p.m.

No inoperable motor vehicle, boat, trailer, motorcycle, motor home, camper, van, plane or recreational vehicle may be parked or stored on any street or on any Lot except within an enclosed garage. The pursuit of hobbies or other activities including, but not limited to, work on vehicles or other mechanical devices and woodworking, which tend to result in disorderly, unsightly or unkept conditions, shall not be pursued or undertaken except within an enclosed garage.

Except for the Declarant, no shall permit or otherwise authorize any portion of any Lot to be utilized as an easement, roadway, driveway, Street or other means or method of access, ingress or egress to areas or property not included within the Properties. The purpose of this provision is to preserve and protect the integrity of the exterior boundaries of the Properties, and to preclude and prohibit any break in those boundaries by any easement, roadway, driveway or street granted, permitted or otherwise created by any Owner other than the Declarant. The Declarant reserves the right to grant such easements or create such roadways upon land or lots owned by the Declarant as the Declarant, in the Declarant’s sole discretion, determines necessary, appropriate or desirable.

No two (2), three (3) or four (4) wheel motorized recreational vehicle, e.g., go cart, all terrain vehicle, etc., shall be operated on any portion of the Properties, provided, however, the Declarant may approve certain motorized vehicles designed so as not to disturb the neighborhood, such as electric golf carts, for transportation.

No Lot shall be used, maintained, or allowed to become a dumping ground for scraps, litter, leaves, limbs or rubbish. Trash, garbage or other waste shall not be allowed to accumulate on any Lot or other part of the Properties and shall not be kept except in sanitary containers located and installed in the manner approved by the Architectural Committee. All equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition and shall not be visible from the Street or from any private or common driveway except for those times designated for collection by the appropriate waste management and collection authority.

The Owner shall at all times protect against any direct or indirect damage to all vegetation, trees and land features located on the Lot and not specifically shown to be affected in the construction documents approved by the Architectural Committee. No trees shall be removed or damaged without the prior written approval of the architectural Committee.

No structure of any kind that is commonly known as factory built,” “modular,” or “mobile home” construction shall be placed or permitted to remain on any Lot.

All driveways, parking areas and sidewalks shall be constructed of concrete, exposed aggregate or payers as approved by the Architectural committee. All driveways shall have a width of eight (9) feet and all sidewalks shall have a minimum width of four (4) feet. Black asphalt, gravel, pine straw, mulch, shell, soil cement, clay or similar materials shall not be permitted as a driveway surface. All connections of driveways to roadways within the Properties shall be made in a neat, workmanlike manner. Culverts beneath driveways shall have mitered end walls. No standing end walls shall be permitted. All driveways shall be constructed in a manner that will not alter or interfere with the drainage system within the Properties.

The exterior finish of all foundations shall be stucco or brick. Not less than fifty percent (50%) of the exterior finish of each side of each dwelling unit and accessory structure shall be stucco, brick or such other material as may be specifically approved by the Architectural Committee in its sole discretion on a case by case basis. The exterior finish of each structure shall be consistent in quality, workmanship and detail on all sides of the structure. Hurricane and storm shutters may be used on a temporary basis, but shall be stored within an enclosed structure.

All utility connections to any structure on any Lot including, but not limited to, water, electricity, telephone, cable television and sanitary sewage, shall be placed underground from the proper connecting points to the structure in a manner acceptable to the governing utility authority. No solar collector or other similar device or system shall be placed or permitted to remain on any structure or on any Lot unless the location, design and construction of the device or system are approved by the Architectural Committee.

Any and all heating and air-conditioning equipment required to be outside of a structure shall be shielded and hidden so that such equipment shall not be readily visible from any roadway or any other Lot. No such equipment shall be located at the front of the structure. Window air—conditioning units shall not be permitted.

Walls, fences and gateposts shall be subject to review and approval as set forth in Article III above. The Architectural Committee, in its sole discretion, may refuse to approve any plan for any wall, fence or gatepost that is not in harmony with the existing or proposed structure, landscaping or general characteristics of the Lot and the surrounding Properties. There shall be no chain link, welded wire, hog wire, field fence, or similar type of fencing material allowed. No fence shall be approved with exposed stringers or other structural components which are visible from any adjoining Lot. No ;gateposts, entrance stanchions or other decorative fences, posts or columns shall be allowed except as part of an approved fence plan. The specific provisions contained in this Article shall be construed to be in furtherance, and not in limitation, of the provisions set forth in Article III above.

No hunting, trapping, or shooting of any kind, including, but not limited to, guns, rifles, shotguns, pellet guns, B.B. guns, slings, slingshots, bows and arrows, shall be allowed anywhere on the Properties. No fireworks shall be allowed at anytime anywhere on the Properties. No burning of any kind shall be allowed on any portion of the Properties except with the Prior written approval of the Declarant following specific permitting and approvals by all appropriate authorities.

No individual water supply system of any type shall be permitted on any Lot unless specifically approved in writing by the Architectural Committee. No individual sewage disposal system shall be permitted on any Lot.

Section 1. Time for Completion. The exterior of all residences and detached buildings shall be completed within nine (9) months after the commencement of construction, unless a longer period of construction is specifically approved in writing by the Architectural Committee at the time of approval of the improvements or unless such completion is impossible or would result in great hardship to the Owner or builder due to strikes, fires, floods, lightning, earthquakes or other casualties; and notwithstanding the foregoing provision, the exterior of all residences and detached buildings shall be completed within one (1) year after the construction of such residence or detached building shall have been commenced. The Architectural Committee or the Declarant may extend this period only for good cause shown.

Section 2. Destruction. In the event any improvement is destroyed, in whole or in part, the debris there from must be removed and the Lot restored to a neat and sightly condition as soon as practical but no later than three (3) months after the date of the destruction.

Section 3. Storage of Materials. No lumber, bricks, stones, cinder blocks, scaffolding, mechanical devices or other materials or devices used for building purposes shall be placed, stored or kept on any Lot, except during and when being used in construction. During construction, no fill, dirt, sand, block pipe or construction debris shall be stored on or allowed to remain on any Lot for over ninety (90) days.

Section 4. Trees, etc. The Architectural Committee or the Declarant may specify specimen trees on particular Lots to be protected by the Owner during and subsequent to construction with steps such as, but not limited to, deep-root fertilization, pruning, repair of tree wounds, protection by fencing, or planking, spraying to control disease and insect infestation, or other protective programs. Dead or diseased trees, shrubs, bushes or other vegetation shall be cut and removed promptly from any Lot by the Owner thereof.

Section 5. Occupancy. Before any residence constructed on a Lot may be occupied, •the exterior of the residence must be fully completed, the Lot must be cleaned, all building materials and devices used in connection with the construction of the residence must be removed from the Lot and the approved landscaping plan must be implemented.

Section 1. Enforcement. The Declarant, or any Owner shall have the right to enforce, by any proceeding at law or in equity, including’ injunctive relief, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. The failure of the Declarant or any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter.
Section 2. Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provisions which shall remain in full force and effect.
Section 3. Annexation. Additional residential property and common areas may be annexed to the Properties with the consent of the owners of two-thirds (213) of the Lots and the Declarant. Any such annexation shall subject said land to these covenants, conditions and restrictions, and the owners of each lot in such annexed area shall have the same rights, benefits, obligations and duties as the Owners of the Lots described in this Declaration.
Section 4. Development by Declarant. No provisions contained herein shall prevent Declarant, or Declarant’s contractors or subcontractors from performing such work and activities as it deems necessary or advisable in connection with the development of the Properties, nor shall such provisions in any way prevent the Declarant from maintaining such sign or signs on the Properties as Declarant deems necessary or desirable for the sale or other disposition thereof, nor shall such provisions in any way prevent the use of a Lot and dwelling thereon as a model home and/or sales office including the use of the garage as a sales office thereby rendering the garage non-functional.
Section 5. Variances. The Declarant, as long as the Declarant owns any Lot, shall have the right to grant variances from any covenant, condition or restriction contained in this Declaration. Any such variance may be granted or withheld in the sole discretion of the Declarant.
Section 6. Amendment. The covenants and restrictions of this Declaration shall run with and bind the land, for a term of twenty (20) years from the date this Declaration is recorded, after which time they shall be automatically extended for successive periods of ten (10) years unless the Owners of all Lots and the holders of all first mortgages encumbering the Lots join in a written instrument recorded in the Public Records of Leon County, Florida, agreeing to terminate these covenants and restrictions upon the expiration of any ten (10) year period. This Declaration may be amended during the first twenty (20) year period by an instrument signed by no: less than ninety percent (90%) of the Lot Owners, and thereafter by an instrument signed by not less than seventy-five percent (75%) of the Lot Owners. No amendment shall affect the priority of the lien of any first mortgage on any Lot over the lien of the assessments provided for herein unless the holder of the mortgage joins in the execution of the amendment. Any amendment must be recorded.
Section 7. FHA/VA Approval. As long as there are outstanding any mortgages insured or guaranteed by the Federal Housing Administration or the Veterans Administration, the following actions will require the prior approval of the Federal Housing Administration or the Veterans Administration: annexation of additional properties, dedication of Common Area and amendment of this Declaration.