Sedgefield Covenants

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Deed DoC COVE

Recorded 06 0290409015 Ał BL: 02653 Cert Superior Court, ATHENS-CLARKE COUNTY

Pg 0362-0416

DECLARATION OF COVENANTS,

RESTRICTIONS AND EASEMENTS FOR

VILLAGE OF SEDGEFIELD

Upon recording return co:

Russell T. Quarterman, P C.

Attorneys and Counselor's at Law

1671 Meriweather Drive, Suite 103

(706) 543-7777 Bogart, Georgia, 30622

.. ...

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TABLE OF CONTENTS

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PAGE ARTICLE I DEFINITIONS

1.01 Builder .

1.02 Declarant

1.03 Lot....

1.04 Occupant

1.05 Owner ...

1.0б Property ..

1.07 Residence

1.08 Restrictions

1.09 Struciure

1.10 Survey

1.11 Association 3 1.12 Board 4 1.13 Bylaws .

1.14 Member

ARTICLE II ARCHITECTURAL CONTROL

2.01

2.02 Architoctural Control Committec - Creationi and Composition .

2.03 Purpose, Powers and Duties of the ACC

Operations of the ACC.

2.04 Design Standards

2.05 Submission of Plans and Specifications

2.06 Approval of Plans and Specifications

2.07 Disapproval of Plans and Specifications

2.08 Obligation to Act.

2.09 Inspection Rights.

2.10 Violations

2.11 Fees

2.12 Nondiscrimination by ACC ...

2.13 Disclaimer as to ACC Approval 7

7 ARTICLE III GENERAL COVENANTS AND RESTRICTIONS .

3.01 Application

3.02 Restriction of Use

3.03 Resubdivision of Property

3.04 Erosion Control

3.05 00 00

Landscaping

3.00 frees ..

3_07 Temporary Buildings

3.08 Signs 8

3.09 Setbacks

3.10 Construction of Residences

3.11 Fences

3.12 Roads and Driveways

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3.13 Antennae, Etc.

3.14 Clotheslines, Garbage Cans, Etc. 10

3.15 Mailboxes .. 10

3.16 Maintenance 10

3.17 10

3.18 Commercial and Recreational Vehicles and Trailers

Recreational Equipment ... 20

3.19 Non-Discrimination

3.20 Animals 11

3.21 Solid Waste.

3.22 Nuisances

3.23 Marketing 11

12

ARTICLE IV EASEMENTS, ZONING AND OTHER RESTRICTIONS

4.01 Easements. 12

4.02 Easement Area

4.03 Entry ..

4:04 Zoning and Private Restrictions

ARTICLE V ENFORCEMENT

5.01 Right of Enforcement

5.02 Right of Abatement.

5,03 Specific Performance

5.04 Enforcement of Lien. 201129

5.05 No Waiver

ARTICLE VI DURATION AND AMENDMENT

. 6.01 Duration

6.02 Amendments by Declarant .

6.03 Amendments by Association ..

ARTICLE VI MISCELLANEOUS 17

7.01 No Reverter

7.02 Severabil ty

7.03 Headings

7.04 Gender

7.05 Notices

7.06 No Liability .

ARTICLE VIII COMMON PROPERTY

8.01 Conveyance of Common Property..

8.02 Right of Enjoyment.

8.03 Rights of the Association

8.04 Types of Common Property ..

8.05

8.06 Entrance and Scenic Strip Landscaping Basement

Encroachment Easements ..

8:07

8.08 Maintenance Obligations of Association

Easement for Maintenance by the Association

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ARTICLE IX THE HOMEOWNERS ASSOCIATION

9.01

9.02 Purposes, Powers and Duties of the Association 22

Membership in the Association , 22

9.03 Voting Rights 23

9.04 Boand of Directors and Officers.

9,05 23

Suspension of Membership 24

9.06 Votir. g Procedures . 24

9.07

9.08 Control by Declarant and Appointment of the Board. 25

Implied Rights 25

ARTICLE X ASSESSMENTS 25

10.01

Covenant for Assessments and Creation of Lien and Personal 26

Ot ligation

10.02 26

10.03 Pu pose of Assessment .

10.04 Accumulation of Funds Permitted 27

Annual Assessment. ..... 27

10.05 Special and Parcel Assessments: 27

20.06 Assessment Procedure. .

10.07 28

1.0.08 Uniform Rate of Assessment 28

10.09 Contribution by Declarant. 29

10.10 Effect of Nonpayment of Assessments 29

Certificate of Payment .... 29

10.11 Approval by Dealarant .... 30

10.12 Specific Assessments ......

30

30

ARTICLE XI ANNEXATION AND FUTURE DEVELOPMENT 11.01

Annexation. . 31

EXHIBIT A-1 31

VILLAGE OF SEDGEFIELD LEGAL DESCRIPTION

EXHIBIT B

DESIGN STANDARDS

EXHIBIT C ORDER

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EL: 02653 Pg 0366 DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, AND EASEMENTS

FOR VILLAGE OF SEDGEFIELD: BASEMENTS FOR VILLAGE OF SEDGEFIELD, is made this THIS DECLARATION OF COVENANTS, RESTRICTIONS AND laws of the state of Ceorgia, (hereinafter referred to as "Declarant"). by SEDGEFIELD BUILDERS, L.L.C., a Limited Liability Company organized under the _ day of May, 2004

BACKGROUND STATEMENT Georgia, known and designated as the Village of Sedgefield, consisting of 23 lots, more Declarant is the owner of certain real property located in Athens-Clarkc County, part hercof. or less; which are more particularly described on Exhibit "A" attached hereto and made a to be known as the Village of Sedgefield, (hereinafter referred to as the "Development). Declarant intends to develop on the real property described above a development general plan of improvement for the benefit of all owners of residential property within Declarant intends by this Declaration to impose mutually beneficial restrictions under a Declarant desires to provide flexible and reasonable procedures for the overall the Village of Sedgefield by the recording of this Declaration and amendments thereto. Declaration. for the administration of the property that is now or hereafter subjected to this development of the Vi. lage of Sedgefield. Declarant also desires to establish a method

DECLARATION

held, sold and conveyed subject to this Declaration of Covenants, Restrictions and The Declarant hereby declares that all of the real property described above shall be valuc, desirability and aitractiveness of the Properly (as hereinafter defined). The Easements (the "Declaration"), which is for the purpose of enhancing and protecting the shall be binding on all parties having or acquiring any right, title or interest in the covenants, Restrictions and Easements set forth herein shall run with the Property, and the benefit of each Owner, his heirs, grantees, distributees, successors and assigns. Property or any part thereof, and shall, subject to the limitations herein provided, inure to

Bk 02653 P: 0367 DEFINITIONS ARTICLEI

Easements, shall have the following meanings: The following words, when used in this Declaration of Covenants, Restrictions and Builder

principally in the business of constructing for sale to homeowners single family • "Builder" shall mean any individual, corporation, partnership or other entity engaged purpose of constructing thereon a Residence. residential dwellings to whom the Declarant sells or has sold one or more Lots for the Declarant

organized under the laws of the state of Georgia, and its successors-in-title and assigns, .. "Declarant" means Sedgefeld Builders, L.L.C, a Limited Liability Company such successor-in-titl or assign is designated as the "Declarant" hereunder by the grantor provided that in the instrument of conveyance to any such successor-in-title or assign, conveyance; provided, further, upon such designation of a successor Declarant, all rights of such conveyance, which grantor shall be the "Declarant" herounder at the time of such shall cease, it being understood that as to all of the properly described in Exhibit "A" and obligations of the former Declarant in and to such status as "Declarant" hereunder "Declarant" hereunder at any one time. be only one person or Iegal entity entitled to exercise the rights and powers of the attached hereto, and which is now or hereafter subjected to this Declaration, there shall Lot

portion of the Property. of the Clerk of the Superior Court of Athens-Clarke County, Georgia, covering any "Lot" means any parcel of land shown upon a subdivision plat recorded in the office Occupant

located within the Deve opment for any period of time, regardless of whether such "Occupant" shall mean any person occupying all of any portion of a Residence person is a tenant or the Owner of such property.

Owner

or entities, of a fee simple title to any Lot; provided, however, that where fee simple title "Owner" means the record owner (including Declarant), whether one or more persons be considered the Owner. person or entity who would own the Lot is fee simple if such loan were paid in full shall has been transferred and is being held merely as security for the repayment of a loan, the

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BL 02653 Pg 0368 Property

"Property" means that certain real property described on Exhibit "A" attached hereto restrictions herein set forth. and made a part hareof which Property is hereby made subject to the covenants and

Residence

• "Residence" shall mean a structure situated upon a Lot intended for independent use and occupancy as a residence for a single family. A structure and the land owned as a part thereof (the Lot) shall not become a Residence until a certificate of occupancy shall have been issued by the appropriate governmental authorities as a pre-requisite to the occupancy of such Residence and until the Lot and structure located thereon shall have been conveyed to a third party other than the Builder thereof.

Restrictions

obligations created or imposed by this Declaration. • "Restrictions" means all covenants, restrictions, easements, charges, liens and other Structure

• "Structure" means:

(a) any thing or object, the placement of which upon any Lot may affect the appearance of such Lot, including by way of illustration and not limitation, any building or part thereof, garage, porch, shed, greenhouse or bathhouse, coop or cage, covercd or uncovered patio, swimming pool, fence, curbing, paving, wall, tree, shrub (and all other forms of landscaping), sign, temporary or permanent living quarters (including any house trailer) or any other temporary or permanent improvement to such Lot;

any excavation, grading, fill, ditch, diversion dam or other thing or device which affects or alters the natural flow of surface waters from, upon or across any Lot, or which affects or alters the flow of any waters in any natural of artificial creek, stream, wash or drainage channel from, upon or across any Lot; and

any change in the grade at any point on a Lot of more than six (6) inches, whether or not subsection (b) of this Section 1.09 applies to such change.

Survey

"Survey" means that certain boundary survey of the Property prepared for Sedgefield Georgia as recorded in Plat Book, Page Builders, L.L.C., a Limited Liability Company organized under the laws of the state of Superior Court of Athens-Clarke County, Georgia, also including all acreage in Exhibit → in the Office of the Clerk of the "A-I" which includes all proposed future development for the Village of Sedgefield.

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nonprofit corporation organized under the Georgia Nonprofit Corporation Code), its "Association" neans the Village of Sedgefield Homeowners Association, Inc. (A successors and assigns.

Board

"Board" means the Board of Directors of the Association.

Bylaws

• "Bylaws" means the Bylaws of the Association.

Member

• "Member" mears any member of the Association.

ARTICLE II

ARCHITECTURAL CONTROL

Architectural Control Committee - Creation and Composition • The Architectura. Control Committee (the "ACC") shall be formed by the Declarant to review and approve all construction undertaken within the DevelopeẾLots subject to this Declaration. The ACC shall not be dissolved except by unanimous written approval of the ACC. The ACC shall be comprised of three (3) individuals, two of Box 720613 Atlanta, Georgia, 30358; and (2) Allen Mendenhall, of 6065 Lake Forest whom shall be appointed by the Declarant as follows: (1) Mark Rudolph, of Post Office Drive, Suite 200, Atlanta, Georgia 30328. The final member of the ACC shall be Brian Tison, of 103 Melbourne Place, Athens, Georgia 30606. In the event Brian Tison is unavailable to serve then his designce shall serve in his place or the ACC. Purpose, Povers and Duties of the ACC

• The purpose of the ACC is to assure that any installation, construction or alteration of the proposed installation, construction or alteration is in conformity and harmony of any Structure on any Lot shall be submitted to the ACC for approval (i) as to whether external design and general quality with the existing standards of the neighborhood and with the standards of the Development, and (ii) as to the location of Structures with respect to topography, finished ground elevation and surrounding Structurcs. To the duties to do each and every thing necessary, suitable, convenient or proper for, or in extent necessary to carry out such purpose, the ACC shall have all of the powers and connection with, or incidental to, the accomplishment of such purpose, including, without being limited to, the power and duty to approve or disapprove plans and specifications for any installation, construction or alteration of any Structure on any Lot.

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BL: 02653 PE 0370 2.03 Operations of the ACC

(a) Meetings. The ACC shall hold meetings as needed. In reviewing architectural and construction plans submitted to the ACC for approval, a majority of votes of the ACC shall rule. The ACC shall consider and take into account, the suggestions and comments of dissenting members in the event any exist. Notwithstanding anything else to the contrary in this Declaration, unanimous approval of the ACC shall be needed for the appearance and substance of signage and monuments to be placed on the subject property for the purpose of identifying the distinction between "Sedgefield Estates" and the "The Village of Sedgefield" sections of February 24Ạạ Scdgefield, as specifically provided for in Section 3 of Final Consent Order dated *, 2004, attached hereto as Exhibit "C".

Activities. The ACC shall adopt and promulgate the Design Standards described in Exhibit "B" hereof and shall, as required, make findings, determinations, rulings, and orders which respect to the conformity with said Design Standards of plans and specifications 10 be submitted for approval to the ACC pursuant to the provisions of this Declaration. The ACC shall, as required, issue permits, authorizations or approvals, this Declaration. which may include specified requirements or conditions, pursuant to the provisions of Design Standards

guidelines (the "Design Standards") for the purpose of: - The ACC shall from time to time adopt, promulgate, amend, revoke and enforce (i) governing the form, content and procedure for submission of plans and specifications to be submitted to the ACC for approval pursuant to the provisions of this Declaration; (ii) establishing guidelines with respect to the approval and disapproval of design features, architectural styles, exterior colors and materials, details or construction, location and size of Structures and all other matters that require approval by the ACC pursuant to this Declaration; and Development. (iii) assuring the conformity and harmony of external design and gencral quality of the Submission of Plans and Specifications

remain on any Lot nor shall any existing Structure upon any Lot be altered in any way • No Structure shall be commenced, erected, placed, moved onto or permitted to which materially changes the exterior appearance of the Structure of Lot, unless plans and specifications therefore shall have been submitted to an approved in writing by the Approval of Plans and Specifications

• Approval of any such plans and specifications relating to any Lot or Structure shall be final as to thai Lot or Structure and such approval may not be revoked or rescinded

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Bk 02.653 РД 03:71 thereafter, provided that there has been adherence to, and compliance with, such plans and specifications, as approved, and any conditions attached to any such approval. Disapproval of l'lans and Specifications

• The ACC shall have the right to disapprove any plans and specifications submitted pursuant to this Declaration because of any of the following:

(a) the failure to include information in such plans and specifications as may have bech reasonably requested;

(b). the failure of such plans or specifications to comply with this Declaration or the Design Standards;

any othor matter which, in the judgment of the ACC, would be likely to causc the proposed installation, construction or alteration of a Structure (i) to fail to be in conformity and harmony of external design and general quality with the standards for the Village of Sedgefield, as set forth inthe Design Standards, or (ii) as to location to be incompatible with topography, finished ground elevation and surrounding Structures. In any case in which the ACC shall disapprove any plans and specifications submitted hereunder, or shall approve the same only as modified or upon specified conditions, such disapproval or qualified approval shall be accompanied by a statement of the grounds upon which such was based. In any such case the ACC shall, if requested, made reasonable efforts to assist and advise the applicant in order that an acceptable proposal may be propared and submitted for approval.

Obligation to Act

• The ACC shall take action on any plans and specifications submitted as herein provided within thiry (30) days after receipt thereof. Failure by the ACC to take action within thirty (30) days of receipt of plans and specifications submitted for approval shall be deemed approval of such plans and specifications.

Inspection Rights

• The ACC may, after reasonable notice, at any reasonable time enter upon any Lot and Structure thereon for the purpose of ascertaining whether the installation, construction, alteration or maintenance of any structure or the use of any Lot or Structure is in compliance with the provisions of this Declaration. Yiolations

• If any Structure shall be erected, placed, maintained or altered upon any Lot, otherwise than in accordance with the plans and specifications approved by the ACC pursuant to the provisions of this Article, such erection, teplacement, maintenance or alteration shall be dermed to have been undertaken in violation of this Article and without the approval required hercin. If in the opinion of the ACC such violation shall have occurred, the ACC shall provide written notice to the Owner, setting forth in reasonable detail the nature of the violation and the specific action or actions required to remedy the violation If the Owner shall not have taken reasonable steps toward thc.

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BL 02653 P: 0372 required romedial action within thirty (30) days after the delivery of the aforesaid notice Section 5.02 herecf. of violation, then the Declarant shall have the Right of Abatement as provided in Fees

• The ACC may impose and collect a reasonable and appropriate fee to cover the cost the ACC and published in the Design Standards. of review of plans and of inspections. The fee shall be established from time to time by Nondiscrimination by ACC

• The ACC shall not discriminate against any applicant requesting its approval of plans and specifications because of such applicant's race, color, sex, religion, age or national origin. Further, the ACC in the exercise of its powers granted pursuant to this Declaration shall not take any action the intent or effect of which is to discriminatc against persons or s particular race, color, sex, religion, age or national origin. Disclaimer as to ACC Approval

• Plans and specifications are not reviewed for engineering or structural design or quality of materials, and by approving such plans and specifications the ACC docs not assume liability or responsibility thereforc, nor for any defect in any structure constructed from such plans and specifications. Neither Deolarant, ACC or agents of any of them shall be liable in damages to anyone submitting plans and specifications to any of them for apploval, or to any Owner of property affected by these Restrictions by reason of a mistake in judgement, negligence, or nonfeasance arising out of or in connection with the approval or disapproval or failure to approve or disapprove any such plans or specifications. Every person who submits plans or specifications and every Owner agrees that he will not bring any action or suit against Declarant, the ACC and agents or any of them to recover any such damages and hereby releases, remises, quit-claims, and covenants not to sue for all claims, demands, and causes of action arising our of or in connection with any judgment, negligence, or nonfeasance and hereby waives the provisions of any law which provides that a general release does not extend to claims, demands, and causes of action not known at the time the release is given.

ARTICLE III

GE VERAL COVENANTS AND RESTRICTIONS

Application

all Lots and to all Structures erected or placed thereon. . The covenants and restrictions contained in this Article III shall pertain and apply to

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Bx 02653 P: 0373 Restriction of L se

provided that the Declarant may operatc a sales office and/or model home on a Lot or • Lots may be used for single-family residences only and for no other purpose, institution or orgalization may establish headquarters or bold regular meetings on a Lot. Lots designated by Declarant. No husiness, fraternal, civic, or historic or religious No more than one family shall reside on a Lot.

Resubdivision of Property

otherwise. Notwithstanding the foregoing, nothing herein shall prevent the Owner of , No Lot may be split, divided, or subdivided for sale, resale, gift, transfer, or Residence thereon; provided, however, that such combined Lot may not be subdivided any Lot from combining two or more Lots into one Lot for construction of a single responsible for ann ial and special assessments based upon the number of Lots combined thereafter; and, provided further, that the Owner of the Residence on such lot shall be into one Lot.

Erosion Control

any Lot without the prior written approval of the ACC of plans and specifications for the • No activity which may create erosion or siltation problems shall be undertaken on approval of such plans and specifications, require the use of certain means of preventing prevention and control of such crosion or siltation. The ACC may, as a condition of erosion and siltation may be included in the Design Standards of the ACC. and controlling such erosion or siltation. Guidelines for the prevention and control of Landscaping

substitute sod). • All front yards of all Lots shall be sodded with Bermuda sod (or an equivalent Trees

Property may be included in the Design Standards of the ACC. • Guidelines relating :o the preservation of trees and other natural resources upon the Temporary Buildings

used, temporarily or permanently, as a Residence of any Lot. Only one (1) Residence • No temporary buildings, trailers, garages or buildings under construction shall be shall be permitted to be placed on a Lot.

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BE 02653 ₽g û374

Signs

• No signs whatsoever (including but not limited to commcrcial and similar signs) shall, without the ACC's prior written approval, be installed or maintained on any Lot, or on any portion of a Structure visible from the exterior thereof, cxcept:

(i) such signs as may be required by legal proceedings;

(ii) not more than one "For Sale" sign, such sign having a maximum face area of four square feet; provided that such sigh may only be displayed in the front yard of a Lot; and, provided, further, that if, at the time of any desired use of such sign, the Development is making "For Sale" sigrs available for the use of Owners, the signs made available must

(ui) Directional signs for vehicular or pedestrian safety in accordance with plans and specifications approvec by the ACC.

(iv) The ACC or the Declarant can impose a fine of $100.00 per day for an unauthorized sign, especially a sign of a derogatory nature toward any builder or the developer. Any disputes are to be handled by arbitration or in court and never posted in the subdivision. Setbacks

- In approving plans and specifications for any proposed structure, the ACC may establish setback requirements for the location of such Structure. Guidelines for setbacks may be included in the Design Standards of the ACC. No structure shall be erected or placed on any Lot unless its location is consistent with such setbacks.

Construction of Residences

• All dwellings constructed on any lot shall have a minimum ground floor area of the main structure, exclusive of one-story open porches and garages, of not less than 2,500 square feet. No window air conditioning unit may be located in any part of a Residence, and all exterior compressor units shall be ground mounted. No exposed above-ground tanks for the storage of suel or water or any other substance shall be located on any Lot. Concrete or cinder block shall not be used as a building material for the exposed exterior

Fences

• No fence or wall of any kind shall be crected, maintained, or altered on any lot without the prior written approval of the ACC of plans and specifications for such fences and walls. Guidelines relating to the design, location and uses of fences and walls may be included in the Design Standards of the ACC. All fences shall be approved by the ACC.

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BL 02653 Pe 0375 Roads and Driveways

written approval of the ACC of plans and specifications for such roads and driveways. • No road or driveway shall be constructed or altered on any Lot without the prior the Design Standards. Guidelines relating to the design and location of roads and driveways may be included in Antennae, Etc.

of any sort shall be placed, allowed or maintained upon any portion of a Structure or Lot No exterior telev: sion or radio antennae or satellite dish or receiver or solar equipment without prior written consent of the ACC

Clotheslines, Garbage Cans, Etc.

adequate planting or fencing so as to conceal them from view by neighboring Lots and All clotheslines, equipment, garbage cans and woodpiles shall be kept screened by streets, and may be maintained only in the rear yard of a Lot.

Mailboxes

• Only one (1) mailbox shall be located on any Lot. All mailboxes will be same design. Maintenance

all landscaping located thereon, in good condition and repair, including, but not limited • Each Owner shall keep and maintain each Lot and Structure owned by him, as well as to (i) the repairing and painting of all Structures; (ii) the seeding, watering and mowing of all lawns; and (iii) the pruning and trimming of all trees, hedges and shrubbery so that shall fail to perform the duties imposed by this Section, the ACC shall give written notice the same are not obstructive of street traffic. If in the opinion of the ACC, aay Owner to the Owner to remedy the condition in question, setting forth in reasonable detail the nature of the condition and the specific action or actions needed to be taken to remedy within thirty (30) days after the mailing of said written notice, then the ACC shall have such condition. If the Owner shall fail to take reasonable steps to remedy such condition maintenance of Structures and landscaping may be included in the Design Standards of the Right of Abatement as provided in Section 5.02 hercof. Guidelines relating to the Commercial and Recreational Vehicles and Trailers

vehicle, camper, truck with camper top, jet ski, boat or boat trailer or like equipment shall • No commercial vehicle, bus, house trailer, mobile home, motor home, recreational not to exceed twenty-four (24) consecutive hours once per month. Notwithstanding the be permitted on any Lot on a permanent basis, but shall be allowed on a temporary basis or equipment is kept in an enclosed spacc and is concealed from view by neighboring foregoing, any such vehicles or equipment may be stored on a Lot, provided such vehicle

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BL 02.653 Pg 0376 residences and streets. No motorized vehicles of any nature shall be permitted on pathways or unpaved Common Property except for public safety vehicles and vehicles home, recreational vehicle, camper, truck with camper top, jet ski, boat or boat trailer or authorized by the Board. No commercial vehicle, bus, house trailer, mobile home, motor like equipment shal, be permitted to be parked on the streets in the subdivision except for the limited purpose of pickup or delivery. The following parking limitations shall not apply to trucks, cars, and related vehicles involved in the construction of any residence Recreational Equioment

of a Lot as approved by the ACC. Basketball goals may be placed adjacent to a • Recreational and playground equipment shall be placed or installed only upon the rear driveway, but shall be painted to match the house.

Non-Discrimination

receiving a bona fide offer, or refuse to negotiate for the sale or rental of, or otherwise • No owner or person authorized to act for an Owner shall refusc to sell or rent, after race, color, religion, sex, age or national origin. Anything in this Declaration to the make unavailable or deny the purchase or rental of any Lot to any persons because of without any limitation in time. contrary notwithstanding, this covenant shall run with the land and shall remain in effect Animals

Lot unless kept thereor: solely as household pets and not for commercial purposes. No • No agricultural animals may be kept on any Lot and no animals may be kept on any confinement of any ani nal shall be constructed, placed or altered on any Lot unless animal shall be allowed to become a nuisance. No Structure for the care, housing or approved by the ACC.

3.21 Solid Waste.

any Lot; (a) No person shall dump rubbish, garbage, or any other form of solid waste on (b) Except during approved construction as approved by the appropriate

governmental authority, no person shall burn rubbish, garbage, or any other form of solid waste on any Lot. (c) No lumber, metals, bulk materials or solid waste of any kind shall be kept, manner set forth in the Design Standards; stored, or allowed to accumulate on any Lot unless screcned or otherwise handled in a (d) If rubbish, garbage, or any other form of solid waste is to be disposed of by being collected on a regular and recurring basis, containers may be placed in the open on

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BE 02653 Pg 0377 any day that a pick-up is made, in order to provide access to persons making such pickup. At all other times such containers shall be screened or enclosed in a manner set forth manner of storage and the place of pick-up may also be included in the Design Standards. in the Design Standards. Guidelines relating to the type of containers permitted, the Nuisances

be done thereof which may be or may become any annoyance or nuisance to the • No noxious or offensive activity shall be carried on upon any Lot, nor shall anything streets within the Development or in the front, rear or side yards of any Lot. community. No abandoned, inoperable or unlicensed vehicles shall be parked on any Marketing

marketing and sale of all new Lots and Residences located within the Development. • Declarant shall have the right to appoint the real estate marketing firm to handle the

EASEMENTS, ZONING AND OTHER RESTRICTIONS ARTICLE IV

4.01 Easemen Is.

(a) Deolarant hereby expressly reserves to the Declarant, Athens-Clarke County, for utility companies is may from time to time serve the Development, their respective or such other municipality or political subdivision as may have jurisdiction thereof, and under any part of the Property owned by Declarant for any purpose which Declarant successors and assigns forever, the right to create perpetual casements in, on, over and deems necessary, including, by way of example, and not limitation, the following: (i) lines, conduits and poles and the necessary or proper attachments in connection with the the erection, installation, construction and maintenance of wires, similar facilities; transmission of electricity, telephone, cable television cables and other utilities and (ii) the erection, installation, construction and maintenance of stormquasi-public facility, service or function; water drains, land drains, driveways, public gas, water and heat, and for any other public (111) slope control purposes, including the right to grade and plant might create erosion or sliding problems or which might change, obstruct or retard slopes and prevent the doing of any activity which might interfere with slopes or which drainage flow; and

flowers and plants of any nature. (IV) the planting or re-planting of hedges, shrubbery, bushes, trees,

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(b) 2X 02653 Pg 0378 in, on or over any portion of the Property unless such easement has been expressly No Owner shall have any right to usc any easement created by the Declarant assigned by the Declarant.

(c) The easement restrictions set forth herein shall not be considered an services. obligation of Declarant to provide or maintain any such utilities, drainage facilities or Easement Area

other portion of the Property with respect to which easements are shown on a recorded • The words "Easement Arca" as used herein shall mean those areas on any Lot or any or plat relating there:o, deed, casement agreement, this Declaration, on the Survey or on any other recorded map Entry

at all reasonable times to enter upon all parts of each Easement Area for any of the • The Declarant and its employees, agents, successors and assigns, shall have the right committed a trespass, provided the same is done in accordance with the provisions of this purposes for which such Easement Area is reserved, without being deemed to have responsible for leaving each Lot in good condition and repair following any work or Section. The Declarant and its employees, agents, successors and assigns shall be activity undertaken in an Easement Area pursuant to the provisions of Section 4.01. Zoning and Private Restrictions

Declaration shall be construed as permitting any action prohibited by applicable zoning • None of the covenants, restrictions or easements created or imposed by this between such laws, rules or regulations the covenants, restrictions and easements created laws, rules or regulations of any govermental body. In the event of any conflict or imposed by Declaration, the most restrictive provisions shall gover and control.

ENFORCEMENT ARTICLE Y

Right of Enforcement

and shall be enforceable by (i) the Declarant so long as it is an Owner, (i) each Owner, • This Declaration and the Restrictions contained herein shall inure to the benefit of his legal representatives, heirs, successors and assigns.

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5.02 Right of Abatement. BL: 02653 Pg 0379 Declaration, Deolarant or Owners shall give written notice by certified mail to the Owner In the event of a violation or breach of any Restriction contained in this action needed to bo taken to remedy such violation or breach. If the Owner shall fail to setting forth in reasonable detail the nature of such violation or breach and the specific mailing of said wrilten notice, then the Declarant or Owners shall have the Right of take reasonable steps to remedy such violation or breach within thirty (30) days after the Abatement.

(b) The Right of Abatement, as used in this Section, means the right of the upon any Lot or Structure, as to which a violation, breach or other condition to be Declarant and Owners, through its agents and employees, to enter at all reasonable times extinguish, remove, or repair such vialation, breach or other condition which may exist remedied exists, and to take the actions specified in the notice to the Owner to abate, thereon contrary to the provisions hereof, without being deemed to have committed a trespass or wrongful act solely by reason of such entry and such actions, provided such and with the cost the:eof, including the costs of collection including reasonable entry and such actions are carried out in accordance with the provisions of this Section, law or 18%, to be a binding personal obligation of such Owner enforoeable in law, as attorneys' fees, together with interest thercon at the lower of the highest rate permitted by and all chatges, liens or encumbrances which may in any manner arise or be imposed well as a lien on such Owner's Lot enforceable in law. Such lien shall be superior to any by any agreement, contract, mortgage, deed to secure debt, or other instrument, excepting upon the Lot after such entry whether arising from or imposed by judgement or decree or superior and (ii) all deeds to secure debt given to secure a loan the proceeds of which are only (i) such liens for taxes or other public charges as are by applicable law made time to time be placed or located thereon) and (2) to finance the construction, repair or used (1) to purchase a Lot or Lots (together with any and all Structures which may from alteration of Structures.

(c) Any sign violation shall be remedied within twenty four (24) hours of the right to finc the vicator $100.00 per day. The ACC shall have the right to file a lien notification (regular mail, certified mail, or personal notification) or the ACC shall have for these fines plus attorey fees.

Specific Performance

the Declarant, or any Owner to enforce the Restrictions by appropriate judicial • Nothing contained in this Declaration shall be deemed to affect or limit the rights of impossible to measure accurately in money the damages which will accrue to a proceedings or to recover damages. However, it is hereby declared that it may be beneficiary hereof, its transferees, successors or assigns, by reason of a violation of, or failure to perform any of the obligations provided by, this Declaration; and, therefore, any beneficiary hereof shall be entitled to relief by way of injunction or specific

~14.

01/41/ LU04 00.00 IMA 100 1044

BE 02653 Pr 0380 provisions hereof. performance, as well as any other relief available at law or in equity, to enforce the 5.04 Enforcement of Lien.

(&) If any in erest, cost or other charge is not paid as required by this Owner personally obligated to pay the same, or an action to foreclose any lien created Declaration, the Declarant or Owners may bring either an action at law against the collecting such cost or charge, plus any interest thercon and costs of collection, by this Declaration against the Lot or Lots subject to the lien, or both, for the purpose of including reasonable attorneys' fee.

CONVEYING A LOT SUBJECT TO THIS DECLARATION, WAIVES ANY RIGHT WAIVER. EACH OWNER, BY ACCEPTANCE OF A DEED WHICH OWNER MAY HAVE UNDER THE CONSTITUTION OR THE LAWS OF THE STATE OF GEORGLA OR THE CONSTITUTION OR THE LAWS OF THE PRIOR TO THE EXERCISE OF ANY RIGHT OR REMEDY PROVIDED BY THIS UNITED STATES OF AMERICA TO NOTICE OR TO A JUDICIAL HEARING DECLARATION AND OWNER WAIVES OWNER'S RIGHTS, IF ANY, TO SET ASIDE OR INVALIDATE ANY SALE DULY CONSUMMATED IN ACCORDANCE BE THE CASE) THAT THE SALE WAS CONSUMMATED WITHOUT A PRIOR WITH THE PROVISIONS OF THIS DECLARATION ON THE GROUND (IF SUCH JUDICIAL HEARING. ALL WAIVERS BY OWNER IN THIS PARAGRAPH HAVE BEEN MADE VOLUNTARILY, INTELLIGENTLY AND KNOWINGLY, AFTER LEGAL COUNSEL WITH RESPECT TO OWNER'S POSSIBLE RIGHTS. OWNER HAS FIRST BEEN ALLOWED THE OPPORTUNITY TO CONSULT No Waiver

representatives, heirs, successors and assigns, to enforce any restrictions herein • The failure of the Declarant or the Owner of any Lot, his or its respective legal the same violation or breach or as to any violation or breach occurring prior or contained shall in no event be considered a waiver of the right to do so thereafter, as to

LU7I AUNSEL 1 QUAALEADY I.L. WULS

ARTICLE VI BL 02.653 A 0381 Duration DURATION AND AMENDMENT

Property for a period of twenty (20) years from and after the date when this Declaration • This Declaration and the Restrictions contained herein shall run with and bind the Georgia, after which time this Declaration and the Restrictions shall be automatically is filed for record with the Clerk of the Superior Court of Athens-Clarke County, the said twenty (20) year period and during any ten (10) year renewal period (but ouly renewed for succensive periods of ten (10) years provided, however, that after the end of maybe terminated by an instrument executed by the majority of homeowners and during such renewal period), this Declaration and the Restrictions contained herein recorded in the office of the Clerk of the Superior Court of Athens-Clarke County, Georgia, or in such other place of recording as may be appropriate at the time of the is approved by a two-thirds vote of the Homeowners. execution of such instrument, pursuant to a resolution approving such termination which Amendments by Declarant

in the Office of the Superior Court of Athens-Clarke County, Georgia, without the . Declarant may antend this Declaration by an instrument in writing filed and recorded amendment material'y alters or changes any Owner's right to the use and enjoyment of approval of any Owner or Mortgagee; provided, however that (i) in the event that such aniendment shall be valid only upon the written consent thereto by two-thirds (2/3) of such Owner's Lot, or if such amendment adversely affects the title to any Lol, such the then existing Owners affected thereby, or (ii) in the event that such amendment would materially and adversely affect the security title and interest of any mortgage, mortgagees so affected. Any amendment made pursuant to this Section 7.01 shall be such amendment shall be valid only upon the written consent thereto of all such mortgagees if requirec!, and shall be effective only upon recordation or at such later date certified by Declarant as having been duly approved by Declarant, and such Owners and other conveyancc to a Lot, agrees to be bound by such amendments as are permitted by as shall be specified in the amendment itself. Each Owner, by acceptance of a deed or will consent to the amendment of this Declaration or any other instruments relating to this Section 7.01, and further agrees that, if requested to do so by Declarant, such Owner thereof into compliance or conformity with the provisions of any applicable the Development (i) if such amendment is necessary to bring any provision hereof or conflict therewith, (ii) if such amendment is necessary to enable any reputable title governmental statute, rule or regulation or any judicial determination which shall be in this Declaration, (iii) if such amendment is required by an institutional or governmental insurance company to issue title insurance coverage with respect to any Lots subject to National Mortgage Assc ciation, or Federal Home Loan Mortgage Corporation, to enable lender, purchaser or guarantor of mortgage loans, including, for example, the Federal Declaration, (iv) if any such amendment is necessary to enable any governmental such lender or purchaser to make or purchase mortgage loans on any Lot subject to this

07/21/2004 09:58 FAX 706 543 1844 RUSSEL T QUARTERMAN P.C.

agency or reputable private insurance company to insure mortgage loans on the Lots BL 02653 PE 0382 subject to this Declaration ot (v) if such amendment is necessary to correct a scrivener's error in the drafting of this Declaration. Amendments by Association

shall be proposed and adopted in the following manner: • Amendments to this Declaration, other that those authorized by Section 6.02 hereof, the notice of the meeting of the Association at which such proposed amendment is to be Notice of the subject matter of the proposed amendment shall be included in considered and shall be delivered to cach Member of the Association. (0) proposed by either the Board or by Members of the Association. Such amendment must At such meeting, a resolution adopting a proposed amendment may be Association, provided, however (i) that any amendment which materially and adversely be approved by Members holding at least two-thirds (2/3) of the total votes in the affects the security title and interest of any mortgagee must be approved by such mortgagee and (ii) during any period in which Declarant has the right to appoint and remove officers and directors of the Association, such amendment must be approved by Declarant. (a) The agreement of the required percentage of the Owner and, wherc required, the Deolarant and any mortgagee, to any amendment of this Declaration shall be evidenced by their exscution of such amendment, or, in the alternative, and provided statement of the President and any Vice-President or the Secretary of the Association that Declarant does not then have the right to approve such amendment, the sworn statement shall state unequivocally that the Agreement of the required parties was attached to or incorporated in the amendment executed by the Association, which swor lawfully obtained. Any such amendment of this Declaration shall become effective only when recorded or at such later date as may be specified in the Amendment itself.

MISCELLANEOUS ARTICLE VI

No Reverter

subsequent or as creating a possibility of reverter. • No Restriction herein is intended to be, or shall be construed as, a condition Severability

manner as to be effective and valid, but if the application of any provision of this • Whenever possible, each provision of this Declaration shall be interpreted in such a prohibition or invalidity shall not affect any other provision or the application of any Declaration to any person or to any property shall be prohibited or held invalid, such

B: 02 653 A 0383 this end the provisions of this Declaration are declared to be serverable. provision which can be given effect without the invalid provision or application, and to Headings

shall not affect the meaning or interpretation of the contents of this Declaration. • The headings of the Articles and Sections hereof are for the convenience only and Lender

feminine and neuter, and the singular, the plural, and vice versa. • Throughout this Declaration, the masculine gender shall be deemed to include the Notices

approvals, disclosures or consent of any kind made pursuant to this Declaration, whether • All amendments, notices, requests objections, waivers, rejections, agreements, writings shall be sufficient only if deposited in the United States Mail, with sufficient made by the Declarart, the Owner, or any other person, shall be in writing. All such postage, and sent to the following addresses:

(a) Declarant: Sedgefield Builders, L.L.C.

Atlaata, Georgia 30398 P.O. Bax 720613

Owner: Each Owner's address by Deed of Record.

No Liability

Declaration so that each and every Owner shall have the right and the power to enforce • Declarant has, using best efforts and all due diligence, prepared and recorded this the terms and provisions of this Declaration against every other Owner. However, in the event that this Declaration is, for any reason whatsoever, unenforceable by an Owner (or kind as a result of such unenforceablity, and each and every Owner, by acceptance of a any other person) in a court of law or otherwise, Declarant shall have not liability of any deed conveying a Lot, acknowledges that Declarant shall have no such liability.

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ARTICLE VII

COMMON PROPERTY

8.01 Conveyance of Common Property.

(a) The Declarant may from time to time cause to be conveyed to the Association certain improved or unimproved real property, personal property, or grants of easements for the common use and enjoyment of the Owners and such real and personal property shall thereafter be Common Property to be maintained by the Association for the benefit of all or part of its Members. In addition, the Declarant may from time to time cause the conveyance of certain real property or grants of easements to the general public as may be required by governing authorities in accordance with this Declaration. The Association hereby covenants and agrees to accept all such conveyances of Common Property.

(b) The Declarant may convey to the Association Common Property for scenic and natural arca preservation. The Declarant may, at Declarant's sole discretion, modify, alter, increase, roduce and otherwise change the Common Property contemplated to be conveyed to the Association in accordance with this subsection (b) of this Section 8.01 at any time prior to conveyance of such Common Property to the Association.

In addition to the property described in subsection (b) of this Section 8.01, the Declarant may convey to the Association in accordance with this Section 8.01 such other real and personal property as the Declarant may determine to be necessary or proper for the completion of the Development.

(d) Notwithstanding auy legal presumption to the contrary, the fee title to, and all rights in, any portion of the Property owned by the Declarant and designated as Common Property or designated for public use shall be reserved to the Declarant until such time as the same shall be conveyed to the Association or to any municipality or other

govermental body, agency or authority.

Right of Enjoyment

. Every Owner shall have a right and casement to use and enjoy the common Property, which right shall be appurtenant to and shall pass with the title to every Lot upon traaster; provided, however, that no Owner shall do any act which interferes with the free use and enjoyment of the Common Property by all other Owners. The right and easement of enjoyment granted or permitted by this Section 8.02 is subject to those items set forth in Section 8.03, which include suspension by the Association as provided in Sections 8.03 (c) anc 9.05.

Rights of the Association

• The rights and priviloges conferred in Section 8.02 hereof shall be subject to the right of the Association acting through the Board to:

07/21/2004 1U:00 FAA 706 043 1844 KUSSEL 1 WUARLERMAN F.L. LIVEI

Bk 02653 Ag 0385 {a) promulgate rules and regulation relating to the use, operation and maintenance of the Common Property;

charge reasonable fees in connection with the admission to and use of reasonablc classifications which shall be uniform within cach such class but need not be facilities or services; provided that in setting any such fee the Board may establish uniform between such classes;

suspend the voting rights of any Member, pursuant to Section 9.05, and the right of enjoyment granted or permitted by Section 8.02 for any period during which any assessment against such Owner's Lot which is herein provided for remains unpaid, and, regulations; for a reasonable period of time for any infraction of the Declaration, Bylaws or rules and (d) grant easements or rights of way over Common Property to any municipality utility company or cable television system; or other govermental body, agency or authority, to any quasi-public agency or to any relating to the Common Property or any part thereof; enforce all applicable provisions of valid agreements of the Association (f borrow money for the purpose of carrying out the activities of the

Association, including the acquisition, construction, improvement, equipping and

maintenancc of Cort mon Property, and in aid thereof to encumber by deed to secure debt, mortgage or other security interest, any or all of the Association's property,

including Common Property and revenues from assessments, user fees and other sources; dedicate or transfer all or any part of the Common Property or interests therein to any municipality or other govermental body, agency or authority for such purposes and subject to such provisions and conditions as may be agreed upon by the Association and such grantee, including a provision that such property or interest shall any such municipality or other governmental body, agency or authority; cease to be subject to this Declaration or all or any part of the Restrictions while held by therein; provided, however, that the Association shall not sell, encumber by security to sell, lease or otherwise convey all or aay part of its properties and interest interest, convey, dedicate or transfer any Common Property or interest therein without the approval of two-thirds (2/3) of each class of Members. Types of Common Property

• At the time of the conveyance of any real propctty or grant of easement by the

Declarant to the Association to be used as Common Property, the Declarant shall

designate in the deed of conveyance or easement that such real property is to be Common Property, and further may designate in the deed of conveyance or easement the specific or general purpose or purposes for which such real property or any portion thereof may be used, and in such event, such real property or portion thereof shall not, without a two-

07/21/2004 10:00 FA& 7U6 043 1844 KUSSEL 1 QUAKIERAAN FL.

Bl 02653 thirds (2/3) vote of each class of Members of the Association, be used for any different purpose or purposes without the prior written consent of the Declarant. Notwithstanding anything provided herein to the contrary, the failure of the Declarant to make such designation in the deed of conveyance or easement shall not affect the validity of such conveyance or grant of casement.

Entrance and Scenic Strip Landscaping Easement

• It is contemplated that certain easements for the erection and maintenance of entrance monuments, subdivision signs, walls, fences, scenic strips and other structures intended to provide an attractive atmosphere or to provide privacy to Owners within the Development will be reserved by the Declarant or granted to the Association (whether or not such casement areas are a part of the Property) and may be set forth on plats of survey of the Development recorded in the County Records. Such easements shall be perpetual in duration and shall include the right to erect, maintain, repair and replace any such structures within the casement areas, as well as the right to plant grass, plants, flowers, shrubs and trees, to tend and garden the same, and to generally landscape the area within said easements to keep them clean, attractive and uniform in appearance for the benefit of all Owners within the Development. All Owners taking title to any Lot upon which such an easement lies will take title subject to the eascment rights set forth herein, as well as such rights as may be set forth in the deed conveying such easements to the Association. Such easements shall be Common Property. In addition to the foregoing, pursuant to a final consent order in the Superior Court for Athens-Clarke County, Georgia dated February 24" i2004, regarding Civil Action # SU03-CV-1904SW, and as shown more specifically on Exhibit "C" , attached horeto and incorporated herein for a more accurate description thereof, said signs and monuments placed on the subject property and casements created for such purposes shall adequately and specifically identify the distinction between Sedgefield Estates and the Village of Sedgefield areas of the larger development collectively known as "Sedgefield. Encroachment Egsements

• If any buildings of other improvements initially constructed by Declarant or any builder on any of the Lots (including without limitation any eaves, roof overbangs, balconies, siding, porches, or other structures which may be attached to the walls and roof of such buildings; encroach onto or over or extend into the air space of any portion of the Common Property, or, conversely, if any such improvements initially constructed on the Common Property encroach onto or over portions of any Lot, a valid easement for long as the encroachment exists. the encroachment and for the maintenance, repair and replacement thercof, shall exist so Maintenance Obligations of Association

• Subject to the provisions dealing with shared common expenses with the Sedgefield Estates Homeowner's Aasociation, Inc. as found in Section 4, entitled "Common Areas" of ExhibitCh, attached hereto, the Sedgefield Village Association shall bear a

07/21/2004 10:01 FAX 706 543 1844 KUSSEL I QUAKTEKNAN FU.

BE 02053 Pg 0387 proportional 40% burden to pay for the Common areas as defined therein, specifically (1) the land located within the median of the entrance toad to the subdivision with any and all signage and monuments used to identify the Village of Sedgefield and Sedgefield Estates Subdivision, and (2) the land located within the two "round a bouts" within the Sedgfield Subdivision. In addition, the Association shall maintain and keep in good repair all other Common Property. This maintenance shall include, without limitation, property taxes, maintenance, repair and replacement, subject to any insurance then in effect, of all landscaping and improvements situated on the Common Property. The Association shall also maintain all drainage detention and retention areas originally maintained by Declarant to the extent such areas are not maintained on an ongoing basis by a local govermental entity and all property outside of Lots located within the Community which was originally maintained by Declarant.

In addition, the Association shall have the right, but not the obligation, to maintain other property not owned by the Association, whether within the Community, where the Board has determined that such maintenance would benefit all Owners. At such time as the Association is granted an easement in perpetuity to allow the Association to perform such maintenance responsibility, it shall accept same.

In the event that the Association determines that the need for maintenance, repair, or replacement, which is the responsibility of the Association hereunder, is caused through the willful or negligent act of an Owncr, or the family, guests, lessees, or invitees of any Owner, and is not covered and paid for by insurance, in whole or in part, then the Association may perform such maintenance, repair or replacement at such Owner's sole cost and expense, and all costs thereof shall be added to and become a part of the assessment to which such Owner is subject and shall become a lien against the Lot of such Owner. Easement for Maintenance by the Association

• There is hereby granted to the Association and its designated representatives an eascment across such portions of the Property, including, without limitation, the Lots, determined in the sole discretion of the Association, as are necessary to allow for the maintenance required of the Association hereunder.

07/21/2004 10:01 FAX 706 543 1844 RUSSEL T QUARTERMAN P.C.

BE 02653 P: 0388 THE HOMEOWNERS ASSOCIATION ARTICLE IX

Purposes, Powers and Duties of the Association

purposes of perforring certain functions for the common good and general welfare of the • The Association shall be formed as a nonprofit civic organization for the primary its Members. To the extent necessary to carry out such purpose, the Association (a) shall have all of the powers of a corporation organized under the Georgia Nonprofit privileges of the Association as set forth in the Declaration. The Association shall be Corporation Code, and (b) shall have the power to exercise all of the rights, powers and subject to the provisions dealing with Merger outlined in the By-Laws and as provided for in Exhibit *C. Membership in the Assocition

membership shall te minate only as provided in this Declaration of Covenants, • Every Owner shall automatically be a Member of the Association and such Conditions and Restrictions.

Voting Rights

classes of voting membership: Class A and Class B. • Subject to the following provisions of this Section 9.03, the Association shall have two except as otherwise set forth herein, shall be a Class A Member and shall be entitled to Class A. Every person who is an Owner, with the exception of the Declarant one vote for each Lot owned. When more thaa one person is a Class A Member by virtue of an ownership interest in the same Lot, the vote for such Lot shall be exercised with respect to any Lot. In the event of disagreement among such persons and an attempt as they among themselves determine, but in no event shall more than one vote be cast by two or more of them to cast the vote of such Lot, such persons shall not be recognized and the vote of such Lot shall not be counted. The membership of a Class A Member termination of Class A. membership shall affect such Member's obligation to pay shall automatically terminate upon the Member's sale of his Lot. However, no assessments, fines or other charges as hercinafter provided for, due and payable for any period prior to the date of such termination, and there will be no refund for assessments paid for periods falling; after the date of such termination.

(b) Class B. The Declarant shall be the sole Class B Member. Class B Member shall be entitled to vote on all matters and in all events. The Class B Member membership shall be a full voting membership and during its existence the Class B shall be cntitled to three (3) votes for each Lot owned by it; provided, however, in no event shall the Class B Member have less than the total number of Class A votes plus one (1). The Class B membership shall cease and shall be converted to Class A membership at such time as the first of the following events occur: (a) the expiration of seven (7)

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вк 02653 Pg 0389

years from the date of recording of this Declaration; or the surrender, in writing, by the - Declarant of the authority to appoint and remove members of the Board of the Association; provided, however, that so long as any mortgagee of Declarant holds a security interest in any portion of the Property, as security for a development loan to Declarant, the Class B membership shall not terminate without the prior written consent of such mortgagee. I' at the time of termination of the Class B membership, Declarant to be a Class A Member. still owns any Lots, then as to each Lot owned by Declarant, Declarant shall be deemed

The Development may be composed of Lots to be developed in phases containing unequal number of Lots. Each such phase will be platted of record in the office of the Clerk of she Superior Court of Athens-Clarke County, The Deolarant shall notify the Association in writing when the final phase of the Development has been so platted of record. By acceptance of a deed conveying a Lot, each Owner acknowledges that, upon the filing by Declarant of the subdivision plats covering such phases, the total votes outstanding in the Association will automatically increase based upon the number of Lots in the phases added and in accordance with the formula set forth in subsection (b) of this Section 9.03 and in no event shall Class B Membership cease and be converted to Class A Membership (as provided in subsection (b) of this Section 9.03) until after the Association receives the written notice provided for in the preceding sentence; provided, however, nothing contained herein shall obligate the Declarant to develop any proposed phase of the Development uncss such phase is subject to this Declaration. 9.03 Board of Directors and Officers.

(a) Board. The affairs of the Association shall be managed by a Board of Directors. The number of directors and the method of election of directors shall be as set forth in this Declaratiou and in the Bylaws of the Association. Except to the extent otherwise expressly required or authorized by the Georgia Nonprofit Corporation Code or this Declaration, the Association's Bylaws or Articles of Incorporation, the powers inherent in or expressly granted to the Association may be exercised by the Board, acting through the officers of the Association, without any further consent or action on the part of the Members. (b) Officers. The number of officers and the method of election of officers shall be as set forth in this Declaration and the Bylaws of the Association.

Casting of Vates. The votes of the Members shall be cast under such rules and procedures as may be prescribed in this Declaration or in the Bylaws of the Association, as amendec! from time to timo, or by law.

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BL 02653 Pg 0390

Suspension of Merabership

of the Common Property of any person who: • The Board may suspend the voting rights of any Member and the right of enjoyment (a) shall be subject to the Right of Abatement, as defined in Section 5.02 by reason of having failed to take the reasonable steps to remedy a violation or breach of thirty (30) days after having received notice of the same. either the Restrictions or the Design Standards of the ACC (as herein defined) within levied by the Association pursuant to the provisions of this Declaration; or Tered by the shall be delinquent in the payment of any assesstuent, fine or other charge (c) shall be in violation of the rules and regulations of the Association relating to the usc, operation and maintenance of Common Property.

Any suspension shall be for the balance of the period in which said Member or person shall remain in violation, breach or default, as aforesaid, except that in the case of a violation described in subsection (c) of this Section 9.05, the suspension may be for a period not to exceed sixty (60) days after the cure or termination of such violation. No such suspension shall prevent an Owner's ingress to or egress from his Lot. Voting Procedures

• The procedures for the election of the Board and the resolution of such other issues as may be brought before the membership of the Association shall be govcmed by this Declaration, the Georgia Nonprofit Corporation Code, the Articles of Incorporation of force and effect. the Association, and the Bylaws of the Association, as each shall from time to time be in 9.06 Control by Declarant and Appointment of the Board.

￾ (a) Until such time as Declarant no longer has the right to appoint members to the Board, the Board of the Association shall consist of three (3) members. Notwithstanding any other language or provision to the contrary in this Declaration, in the Articles of

Incorporation, or in the Bylaws of the Association, the Declarant hereby retains the right to appoint all members to the Board. The rights of Declarant to appoint members of the Board also included the right to remove and replace appointees until such time as

right to appoint and remove members of the Board until such time as the first of the Declarant's rights to appoint members to the Board ceases. Declarant shall retain the following events shall occur: (i) the expiration of seven (7) years from the date of the recording of this Declaration; or (ii) the surrender, in writing, by Declerant of the

authority to appoint and replace directors. Upon the final expiration of all rights of

Declarant to appoint and replace directors of the Association a special meeting of the

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B: 02653 A 0391

of Directors which shall undertake the responsibilities of the Board, and Declarant shall Association shall be called. At such special meeting the Owners shall elect a new Board the Association, and any agreements or contracts executed by or on behalf of the deliver the books, accounts, and records, if any, which Declarant has kept on behalf of acceptance of the deed to or other conveyances of a Lot vests in Declarant such authority Association during such period, which Declarant has in its possession. Each Owner by to appoint and replace directors and officers of the Association as provided in this Amplied Rights

Declaration or by law and any other right or privilege reasonably to be implied from the • The Association may exercise any other right or privilege given to it expressly by this existence of any right or privilege given to it herein or reasonably necessary to effectuate any such right or privilege.

ASSESSMENTS ARTICLE X

Covenant for Assessments and Creation of Lien and Personal Obligation legal representatives, successors and assigns, by acceptance of a deed for a Residence, , Each Owner of a Residence, jointly and severally, for himself, his heirs, distributees, hereby covenants and agrees is follows: whether or not the covenants contained herein shall be expressed in any such deed, (a) to pay to the Association the annual assessments which may or shall be levied by the Association pursuant to this Declaration against all Residences owned by him; (b) to pay to the Association any special assessments for capital improvements Declaration against all Residences owned by him; and other charges which may or shall be levied by the Association pursuant to this owned by him against which all such assessments are made to secure payment of such that there is hereby created a continuing charge and lien upon all Residences collection including recsonable attorneys' fees; assessments and any interest thereon as provided in Section 10.09 hereof and costs of in the hands of the then Owner, and the Owner's heirs, devisees, legal representauves, that such continuing charge and lien on such Residence binds such Residence encumbrances which may hereafter in any manner arise or be imposed upon such Lots successors and assigns. Such charge and lien is superior to any and all charges, liens or mortgage, deed to secure debt, or other instrument, except (i) such liens for taxes or other whether arising from or imposed by judgment or decree or by any agreement, contract,

~26-

=

B: 02653 PE 0392

given to secure a lon the procceds of which are used (1) to purchase a Residence or public charges as are by applicable law made superior, and (ii) all deeds to secure debt or located thercon) and (2) to finance the construction or repair or alteration of Residences (together with any and all Structures which may from time to time be placed Structures.

(e) that no sale or transfer at foreclosure or in lieu of foreclosure shall relieve any Residence from liab lity for any assessment thereafter assessed;

as provided in Secticn 10.09 of this Declaration and costs of collection including that all annual, special and specific assessments (together with interest thereon that he is an Owner shall be (in addition to being a continuing charge and lien against reasonable attorneys' fees) levied against any Residence owned by him during the period which will survive any sale or transfer of the Residence owned by him, provided, such Residence as provided in Section 10.0(c) of this Declaration) a personal obligation however, that such personal obligation for delinquent assessments shall not pass to Owner's successor in title unless expressly assumed by such successor. Purpose of Assessmont

providing for the common good and general welfare of the people of the new community • The assessments levied by the Association shall be used exclusively for the purpose of improvement, mainterance and equipping of Common Property, the enforcement of the of the Development; including but not limited to, security, the acquisition, construction, ACC, the payment of operating costs and expenses of the Association and the payment of Restrictions contaired in this Declaration, the enforcement of the Design Standards of the all principal and interest when due on all debts owed by the Association. Accumulation of Funds Permitted

collected in such ycar by way of annual assessments ot otherwise, and may carry • The Association shall not be obligated to spend in any calendar ycar all the sums apply such surplus to the reduction of the amount of the Annual Assessments in any forward, as surplus, any balances remaining; nor shall the Association be obligated to deem to be desirable for the greater financial security of the Association and the succecding year, but may carry forward from year to year such surplus as the Board may effectuation of its purposes.

10.04 Annual Assessment.

January 1 of the year immediately following the Commencement Date, each Lot shall be Beginning on the Commencement Date and continuing thereafter until initially be set at $ 25 D-Uper Lot. In the event that the Commencement Date falls on a subject to an annual assessment as established by the Board, which assessment shall

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day other than January 1, the annual assessment for such year shall be prorated so that each Owner pays an annual assessment proportional to the number of days remaining in the calendar year. The words *Assessment Year" as used herein shall mean the calendar year with the first Assessment Year commencing on January 1 of the year immediately following the Commencement Date. For so long as Declarant has the right to appoint and remove Directors and Officers of the Association, the annual assessment shall not be reduced below the amount initially established by the Board without the express written consent of Declarant. (b) Commencing with the first Assessment Year and continuing thereafter, the annual assessment may be increased at any time and from time to time during each Assessment Year at not more that thirty-three and one-third percent (33.33%) above the annual assessment for the previous Assessment Year without a vote of the Membership. (c) Commencing with the first Assessment Year and continuing thereafter, the annual assessment for each Assessment Year may at any time and from time to time be increased morc than thirty-three and one-third percent (33.33%) above the maximum annual assessment for the previous Assessment Year if such increase is approved by a two-thirds (2/3) vote of the Members of the Association who are present in person or by the By-Laws of the Association and this Declaration. proxy and voting at a meeting of Members duly held in accordance with the provisions of 10.05 Special and Parcel Assessments:

(a) In addition to the annual assessments authorized by this Article IV, the Association may levy, in any Assessment Year and with such frequency as the Association shall deem necessary, special assessments for the purpose of paying, in whole or in part, any unanticipated operating expenses, as well as the cost of any construction, reconstruction, repair or replacement of a capital improvement on the Common Property. Such special assessments may be levied by the Board in any one Proper winch e Assessment Year without the approval of the Members, which special assessments in the aggregate do not exceed an amount equal to the annual assessment then in effect. Special assessments exceeding said amount shall require the approval of two-thirds (2/3) of the Members of the Association who are present in person or by proxy at a meeting of and this Declaration. Members duly held in accordance with the provisions of the By-Laws of the Association

The Association shall also be authorized to levy, in any Assessment Year and with such frequency as the Association shall deem necessary, Parcel Assessments for the Purpose of paying, in whole or in part, the cost of estimated expenses for the sole benefit of a particular Parcel, which Parcel Assessments shall be allocated equally among the Residences in a Parcel.

BL 02653 P; 0394

10.06 Assessment Procedure.

an amount not in excess of the maximum annual assessment as determined by the The Board shall establish the annual assessment for each Assessment Year at provisions of this Article X, and shall also establish the date during the Assessment Year on which the annual assessment shall be due and payable (such date is hercinafter referred to as the "I)ue Date'). The Board shall also establish an annual budget which shall list the estima.ed operating expenses and shall contain an amount to be set aside Common Property; provided, however, in no event shall the Board by required to provide each year into a resorve allowance to be used for future repair and replacement of the Property, it being intended that portion of such costs will be covered by Special for a reserve sufficient to cover all such future repair and replacement of the Common (30) days in advance of the Due Date written notice setting forth the amount of the Assessment. The Board shall cause the Association to send to each Owner at least thirty thirtieth (30th) day following such written notice or the Due Date, whichever is later. annual assessment and the Due Date. The annual assessment shall become due on the the annual assessment in installments during the Assessment Year. The Board shall also The Board may establish reasonable payment procedures to allow or require payment of improvements which may be levied in accordance with the provisions of the Article X. establish payment procedures for payment of any special assessments for capital less than thirty (30) nor more than sixty (60) days in advance of any meeting of the (b) All Members of the Association shall be given written notice by the Board not Members of the Association at which the Board shall propose taking action pursuant to Section 10.04(ii) and Section 10.05 of this Article X. Such written notice shall specify prescnce of Members or proxies entitled to cast fifty percent (50%) of the total votes under which Section or Sections the Board will propose action. At such meeting, the meeting, a second meting may be called by the Board subject to the same noticc outstanding shall constitute a quorum. If the required quorum is not present at such (30%) of the total votes outstanding. No such second meeting shall be held more that requirement and the required quorum at such second meeting shall be thirty percent second mceting, the Foard may take such action without approval of the Members. sixty (60) days following the first meeting. If the required quorum is not present at the fiftyone percent (51) of all of the votes of the Association shall be required to Notwithstanding the required quorum requirements stated herein, a minimum vote of disapprove the Association's annual budget.

Uniform Rate of Assessment

• Both annual and special assessments must be fixed at a uniform rate for all Residences.

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Contribution by Declarant

• For so long as Declarant has the authority to appoint and remove Directors and Offices of the Association, Declarant shall not be liable for the payment of any assessments. sufficient to satisfy the deficit, if any, between the actual operating expenses of the Provided, however, juring said period Declarant shall advance funds to the Association the sum of amual, special and specific assessments collected by the Association in any Association (but specifically not including an allocation for the reserve allowance), and Association to Declarant bearing interest at the annual rate of twelve (12%) percent and Assessment Year, and such advanced shall be evidenced by promissory notes from the having payment schedules and maturity dates as agreed between Declarant and the Association, but failing such agreement, being demand notes. Effect of Nonpayment of Assessments

• Any Assessment which is not paid on or before the Due Date shall bear interest after the Due Date at the Ic wer of the highest legal rate of interest which can be charged or the time establish, provided, however, that in no event shall the Board have the power to rate of eighteen percent (18%) per annum or at such rate as the Board may from time to default in the paymen of any one or more installments of an assessment, the Board may establish a rate of interest in violation of the laws of the State of Georgia. In the event of that an Owner shall fail to pay fully any portion of any assessment prior to the date on declare any remaining balance of the assessment at once due and payable. In the event immediately due and payable in accordance with the preceding sentence), together with which payment is due, such unpaid portion (including any remaining balance declared interest and costs of collection including reasonable attorneằ fecs, shall be a binding personal obligation of such Owner, as well as a lien on such Owneằ Residence, enforceable in accordance with the provisions of the Dealaration.

Certificate of Pavment

time issue and furnish to such Owner a written certificate stating that all assessments • Upon written demani by an Owner, the Association shall within a reasonable period of owned by said Owner as of the date of such certificate, or that all assessments, interest (including penalties, interest and costs, if any) have been paid with respect to any Lot Association may make a reasonable charge for the issuance of such certificate. Any such and costs have not been paid setting forth the amount then due and payable. The regard to any matter therein stated as between the Association and any bona fido certificate, when duly issued as herein provided, shall be conclusive and binding with purchaser of, or lender on, the Lot in question.

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Approval by Declarant

• Notwithstanding anything to the contrary contained herein, no special assessment shall be made without the Approval of Declarant for so long as Declarant has the right to appoint officers and directors of the Association.

Specific Assessments

discretion, it shall deem appropriate. Failure of the Board to exercise its authority under • The Board shall have the power to specifically assess pursuant to this Section as, in its shall not constitute a waiver of the Board's right to exercise its authority under this this Section shall not be grounds for any action against the Association or the Board and Section in the future with respect to any expenses, including any expense for which the Board has not previously cxercised its authority under this Section. The Board may maintenance and repair of items which are the maintenance responsibility of the specifically assess Owner for the following expenses, except for expenses incurred for Association as provided herein:

which may be specifically assessed equitable among all of the Residences which are (a) Expenses of the Association which benefit less than all of the Residences, benefitted according to the benefit reccived;

(b) Expenses incurred by the Association pursuant to Section 10.02 hereof; and Declaration and By-Laws. (c) Reasonable fines as may be imposed in accordance with the terms of the

RUNNEL

BL 02653

ARTICLE XI

ANNEXATION AND FUTURE DEVELOPMENT

11.01 Annexation.

(a) For so long as Declarant has authority to appoint and remove Directors and Officers of the Association, additional real property may be annexed to the Property by the Declarant without the consent of the Class A Members. Such additional real property may, but does not need to be contiguous to any portion of the Property which is then subject to this Declaration; and may be either raw land which is intended to be or is in the process of being developed into residential subdivision lots, or is fully developed into residential lots at the time of annexation. Such annexation shall be accomplished by filing in the Office of the Clerk of the Superior Court of Athens-Clarke County, one or more Supplementary Declarations with respect to the additional properties, executed by the Declarant, its successors or assigns, which shall extend the scheme of the Covenants contained herein to such properties and thereby subject such additions to assessment for their just share of the Association expenses. Said Supplementary Declarations may contain such complimentary additions and modifications of the Covenants contained herein as may be necessary to reflect the different character of the additional properties as are not inconsistent with the scheme of this Dealaration. In no event, however, shall any such Suppiementary Dealaration revoke, modify or add to the Covenants established by this Declaration regarding the property described in said Exhibit "A". If the additional properties or any portion thereof are made subject to the provisions hereof, Declarant, its successors and assigns, shall have the right, but not the obligation, to construct on the additional properties such recroational and other facilities as Declarant, its successors and assigns, shall deem advisable for the common use and enjoyment of the Owners. If someone other than Declarant owns the real property to be annexed, the Supplementary Declaration shall be consented to by the owner of the real property to be annexed in addition to being signed by the Declarant.

(b) At the expiration of Declarant's right to appoint and remove Directors and Officers of the Assoc: ation, no real property may be annexed to the Property unless such annexation is approved by a two-thirds (2/3) vote of the Members of the Association who are present in person or by proxy and voting at a meeting of Members duly held in accordance with the provisions of the By-Laws of the Association. Declarant also reserves the right to amend this Declaration unilaterally at any time so long as it has the authority under this Article XI without the prior notice and without the consent of any owner, for the purposc of removing certain portions of the Property then owned by the Declarant or its affiliates or the Association from the provisions of this Declaration to the extent originally included in error or as a result of any changes whatsoever in the plans for the Property desired to be effected by the Declarant, provided such withdrawal is not unequivocally contrary to the overall, uniform scheme of development of the Property.

RUSSEL 1 QUARIERMAN I. L. W040

B: 02653 P: 0398

IN WITNESS WHEREOF, The Declarant has caused this Declaration to be duly executed and scaled the day and year first above written.

Signed, sealed and delivered in the SEDGEFIELD BUILDERS, L.L.C., presence of:

Einde Barcom

Unofficial Winess By:

Mick pill neat Mark Rudolph, Member

Notary

SITES

My commission expires:

Date of Exccution by Notary:

U1/L1/LUU4 LU:VO FAA 100 040 1044 AUDDEL 1 QUARIENDAY I. L.

EXHIBIT "A 1" BL 02653 PE 0399

LAND DESCRIPTION

ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN GMD 1347 OF

ATHENS-CLARKE COUNTY, GEORGIA, BEING LOTS 14, 15, 21 AND 24, BLOCK

A, SEDGEFIELD SUBDIVISION, SECTION FOUR, AS PER PLAT RECORDED IN

PLAT BOOK 36, PAGE 29, ATHENS-CLARKE COUNTY, GEORGIA RECORDS,

WHICH RECORDED PLAT IS INCORPORATED HEREIN AND MADE A PART

HEREOF BY REFERENCE.

AND

ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN GMD 1347 OF

ATHENS-CLARKE COUNTY, GEORGIA, BEING LOT 35, BLOCK A, AND LOT 5,

BLOCK B, SEDGEFIELD SUBDIVISION, SECTION THREE, AS PER PLAT

RECORDED IN PLAT BOOK 25, PAGE 174, ATHENS-CLARKE COUNTY,

GEORGIA RECORDS, SAID PLAT BEING INCORPORATED HERFIN AND MADE

A PART HEREOF BY REFERENCE.

AND

ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN GMD 1347 OF

ATHENS-CLARKE COUNTY. GEORGIA, BEING LOTS 25, 26, 27, 28, 29 AND 30,

BLOCK A AND LOTS 1, 2, 3, 4, 16, 17, 18, 19, 20, 21 AND 22, BLOCK B,

SEDGEFIELD SUBDIVISION, SECTION FIVE, AS PER PLAT RECORDED IN

PLAT BOOK 37, PAGE 270, ATHENS-CLARKE COUNTY, GEORGIA RECORDS,

SAID PLAT BEING INCORPORATED HEREIN AND MADE A PART HEREOF BY

REFERENCE

- .....

07/21/2004 10:05 FAX 706 543 1844 RUSSEL T QUARTERMAN P.C. WU42

BL 02653 Pe 0400

EXHIBIT «B"

DESIGN STANDARDS

VILLAGE OF SEDGEFIELD

AUTHORITY. These Design Standards are promulgated pursuant to authority granted to the Architectural Control Committee (hercinafter referred to as the "ACC") of the Village of Sedgefield (hereinafter referred to as the "Development") under the

Declaration of Covenants, Restrictions and Easements for the Village of Sedgefield (hereinafter referred to as the "Deciaration"). The requirements of these Design Standards shall be in addition to and not in licu of the requirements and provisions of the Declaration.

2. PURPOSE. Plans and specifications must be submitted to and approved by the ACC pursuant to the Declaration and these Design Standards for the sole and exclusive purpose of assuring that all Structures within the Development remain in conformity and harmony of external design with existing standards of the neighborhood.

3. DEFINITIONS. The words "Structure", "Owner", and 'Lot" as used herein shall have the same meanings as such words have in the Declaration.

4. SUBMISSION OF PLANS AND SPECIFICATIONS.

A. Plans and specifications for the construction or replacement of any Structure on any Lot shall be submitted to and reviewed by the ACC in accordance with the requirements of Section 2.05 of the Declaration. Each Owner shall submit to the ACC two (2) complete sets of such plans and specifications clearly designating which Lot is covered by such plans and specifications.

B. All plans and specifications required to be submitted to the ACC shall be delivered to the following address:

Sedgefield Builders, L.L.C.

P.O. Box 720613

Atlanta, Georgia 303585.

DESIGN DETAILS.

A.. Minimum House Sizes. All dwellings constructed on any lot shall have a

minimum ground floor area of the main structure, exclusive of one-story open porches and garages, of not less than 2,500 square feet.

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B. Set-lacks. Building area set-backs shall be within the recommended building lines indicated on the recorded subdivision plats of the Village of Sedgefield, prov. ded, however, that less restrictive set-backs may be approved by the ACC if an exception is requested when plans and specifications are submitted to the ACC for approval. In no event shall the set-backs be less than those required by the Athes-Clarke County Subdivision Ordinance.

C. Exterior Colors and Materials. All exterior colors and materials of all Structures shall be specified in the plans and specifications submitted to the ACC for approval and shall be subject to the color and material guidelines contained in Section 8 of these Design Standards. Should a homeowner wish to make changes in these scheduled color schemes or in the colors of the initial construction, this may be done only by consulting with the ACC in order to achieve a well coordinated color scheme throughout the community.

D. Roof. Roofing material and color shall be specified in the plans and

specifications submitted to the ACC for approval, and shall be subject to the color and material guidelines contained in Section 8 of these Design Standards. No plumbing or heating vent shall penetrate the roof surfaces which face the street or streets adjacent to the residential Structures without the approval of the ACC. E. Drivewavs. Driveways shall be constructed with concrete, provided, however, that other hard surface materials may be approved by the ACC if an exception is requested when plans and specifications are submitted to the ACC for approval. Landscaping. A written plan of landscaping must be submitted to the ACC prior to all major alterations of the landscaping: this plan should include a drawing to show location, variety and size of all plant materials, as well as location and description of all "hardscape" items such as fences, walls, rocks, fountains, shall not be permitted in the front yard of any Lot. statuary, and so forth. Statues, cement ornamental structures, and plastic flowers G. Mailboxes. No mail box or paper box of other receptacle of any kind for use in the delivery of mail, newspapers or similar material shall be erected or placed on any Lot or Structure unless it shall conform to the design and specifications adopted for the entire Development and plans and specifications are available from the ACC. H. Manufactured Structures. Pre-fabricated or factory built Structures shall not be permitted within the Development, or employed as elements in the construction consent of the ACC, of residential Structures within the Development except by express written

07/21/2004 10:06 FA 706 943 1844 KUSSEL 1 QUARIZAMAIN I.V.

EL 02653 AL 0402

SITE PLANNING AND DESIGN.

A. Location of Structures. All additions to or alterations of Structures together with related paved and open areas, shall be located on each Lot to:

(I) minimize changes in the existing topography;

(2) presetved existing trees and vegetation to the maximum extent possible; (3) control drainage and prevent erosion; and

(4) preate prime views and conceal unsightly areas.

COLORS AND MATERIALS GUIDELINES.

A. Materials.

A minimum number of exterior materials shall be used on Structures to avoid a cluttered appearance. Where two materials are used (in addition to glass), one shall be dominant. All additions to and alterations of Structures shall utilize the same (or as close as reasonably practicable) materials, styles, and colors as were utilized in the initial construction of each Structure.

(2) Secondary materials, when used, shall complement the dominant material in texture and color.

() The exterior materials of all Structures on all Lots shall be harmonious and complementary.

B. Colors.

(1) The exterior colors of the doors, walls, and roof of a single-family residential Structure shall be compatible and harmonious with the colors of nearby single-family residential Structures. Highly reflective colors shall be avoided.

(2) A tunimum number of exterior colors shall be used. When more than one color is used, one shall be clearly dominant.

(3) Secondary colors shall be:

(a) compatible with the dominant colors;

01/21/2004 LU: 00 100 0401044

B: 02653 Pg 0403Ś

(b) limited to architectural details such as fascia frames and other building trim.

(4) High contrast colors, when used on Structures shall be limited to major architectural elements such as entry doors.

(5) All changes of colors of each Structure must be approved by the ACC. SCREENING GUIDELINES

A: General. Screening may be used within the Devclopment to dofine private spaces or to attract or divert attention to or from particular views.

B. Methods of Screening. Subject to the approval of the ACC, the following methods of screcuing may be used:

(1) earth banks and berms - such earth banks and berms shall;

(a) have a maximum slope of 3:1, and

(b) be covered with an acceptable grass or ground cover suited to the siope.

(2) Planting screens - such planting screens shall:

(a) be composed of specie approved by the ACC;

(b) be installed at a minimum height of 3 feet, with an expected three year height of 6 to 8 feet; and

(c) be spaced at a density which will create an effective year-round visual soreen.

(S) Fences and walls - unless otherwise approved by the ACC, fences and walls shall:

(a) complement the design, texture, and color of all Structures on the same Lot;

(b) be a maximum of 6 feet above grade in height;

(c) include planting as an integral component;

(d) not attract attention as distinct architectural elements, and (e) be finished and maintained equally on both sides.

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Pz 0404

9. AMENDMENT. These Design Standards maybe amended from time to time by a majority vote of the members of the ACC.

10_ VARIANCES. Notwithstanding anything to the contrary contained herein, the ACC shall be authorized to grant individual variances from any of the provisions of these Design Guidelines if the ACC determines that the waiver of application or enforcement of the provis:on in a particular case would not be inconsistent with the overall scheme of development for the Village of Sedgefield.

INITIAL CONSTRUCTION. Notwithstanding anything to the contrary contained herein, these Design Standards shall not apply to the initial construction by the original builder of the original Structure on cach Lot.

-5.

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EXHIBIT "O' B: 02653 ₽ 0405

IN THE SUPERIOR COURT OF ATHENS-CLARKE COUNTY

STATE OF GEORGIA

I JULIAN FRANKLIN, W.H.ẠỌDINK"

| NESMITH, MICHAEL WANNER, AND

ỊCHARLES WORTHY.

Plaintiffs,

CIVIL ACTION FILE NO.: SO03-CV-1904-SW

WILLIAM LOYD FLORENCE, III,

DOUG ALLEN, SEDGEFIELD

DEVELOPMENT, INC., MARK.

RUDOLPH. SEDGEFIELD BUILDERS,

ẠỊILC, AND LIBERTY BUILDERS, LIC,

Defendants.

CONSENT FINAL ORDER

Whereas, the Plaintiffs Julian Franklin, W.H. "Dink" NeSmith, Michael Wanner and Charles Worthy (""Worthy") (collectively the "Plaintiffs") are residents of, and own real property in, the Sedgefield subdivision (the "Subdivision") in Athens-Clarke County, Georgia; and

Whereas, Defendant Sedgefield Builders, LLC ("Sedgefeld Builders) acquired twentythree (23) single family residential lots (the "Developers Lots) located in the Subdivision from Defendants William Loyd Florence, Ill (Florence) and Sedgefield Development, Inc. | ("Sedgefield Dev.") (Florence and Sedgefield Dev. collectively the "Original Developers"), with the intent of constructing single family homes thereon; and

Whereas, the Plaintiffs filed the above styled action seeking injunctive and other relief against Defendants Liberty Builders LIC ("Liberty"), Mark Rudolph ("Rudolph'), Sedgefield Builders (Rudolph, Sedgefield Builders and Liberty collectively the "Developers"), the Original Developers ard Doug Allen (*Allen); seeking to enforce actual and implied restrictive covenants on the Developers Lots; and

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Whereas, the Plaintiffs, the Developers, and the Original Developers participated in lengthy mediation on October 9, 2003 and reached a full and final settlement on all issues presented in this matter; and

Whereas, the Plaintiffs, the Developers and the Original Developers having consented to I the relief sct forth herein. the Court having reviewed the entire file, and for good cause shown,

IT IS HEREBY ORDERED as follows:

Homeowners Associations -

(A) The Plaintiffs shall form a Homeowners Association (theiEstates

Associationạ comprised of as many current residents of the Subdivision as will agree to join. All four named Plaintiffs in this action shall join the Estates Association and they shall use their best good faith efforts to secure 100% participation from their Estate neighbors.

(B) The Developors shall form a Homeowners Association (the "Village

AssociationiỊ to gover the Developers Lots prospectively, and shall require all purchasers of the Developers Lots to join the Village Association as a condition of purchase.

(C.) The parties shall hire Russell Quarterman, Esq. (Quarterman) to prepare all documentation and undertake all acts necessary to create the Estates Association and the Village Association. The costs associated with Quarterman's efforts will he borne 40% by the Village Association and 60% by the Estates Association.

(D) Once the Developers have sold all 23 of the Developers Lots, the Village

Association and the Estates Association shall be merged into one homeowners assocition (the "Sedgefield Association").

2. Restictive Covenants - The Developers shall impose upon all 25 of the Developers Lots. restrictive covenants the substance of which is the same as the restrictive

=

BL 02653 Pg 0407

covenants attached hereto as Exhibit "A," dated May 26, 1988, filed May 27, 1988, located at Book 841, Pages 143 through 148, except that there will be an express provision in the covenants allowing the signs and monuments recognizing the distinction between Sedgefield Estates and Sedgefield Village.

3. Architectural Control Committee - Each of the various sets of restrictive covenants which encumber lots within the Subdivision call for the creation of an Architectural Control Committee (the "ACC").

(A) An ACC shall be formed by Developers to review and approve all construction undertaken within the Developers Lots. The ACC shall not be dissolved except by a unanious written vote by the ACC.

(B) (i) The ACC of Developers shall be comprised of three individuals, two of whom shall be appointed by the Developers. The Developers hereby appoint the following individuals to the ACC:

Math Rudolph Allen Mendenhall

P.O. Box 720613 6065 Lake Forrest Drive, Suite 200 Atiana, Georgia 30358 Atlanta, Ocorgia 30328

678-904-6240x305 404-352-8600

Mark(@)SGBHOMES.com Allen@Glerridgerealty.com The remaining member shall be Brian Tison, or if he is unavailable, his designee. who shall be particularly qualified either by education or experience 10 review architectural and construction plans. Brian Tison can be reached as follows:

Brian Tison

103 Melbourne Place

Athens, Georgia 30606

(706) 549-2001

Fax: (706) 549-8897

Email: KBT1060@Bellsouth.net

BL 02:653 P: 0408 (ii) The ACC for the seven lots of the Original Developers shall be composed of the following members: Mr. Bill Florence, Ms. Peggy Florence, and Mr. Brian Tison, or if he is unavailable, his designce. Such ACC shall review archilectural and construction plans for the seven lots owned by the Original Developers and shall enforce compliance with any and all covenants and govermental regulations applicable 10 them under the terms of this Agreement. At such time as the Original Developers sell all seven of their lots in the Subdivision, their membership in the ACC relating to thosc 7 lots shall be transferred to the Estates Association, at which time, the Original Developers shall have no further participation in the ACC for those lots.

(C) In reviewing architectural and construction plens submitted to the ACCs for approval, a majority of votes of the ACC. shall rule. The ACCs shall consider in the event that there are any. and take into account, the suggestions and comments of dissenting members, (L) Notwithstanding anything else to the contrary, unanimous approval of the ACC of the Developers shall be required for the signage and monuments contemplated by Paragraph 5 of this Consent Order that are to identify "Sedgefield Estates and "Sedgefield Village. " The parties to this agrecment agree to use best efforts and mutually cooperate to work out the logistics of designing and erecting the signage and monuments envisioned by Paragraph 5. If, for any reason, unanimous approval is not acquired for thesc signs and monuments, or if there are any irreconcilable differences regarding the signage and monuments, same shall be submitted to mediation as

er 02653 P: 0400

contemplated by Paragraph 11 of this Consent order. The ACC shall have no review or approval rights with respect to the signage referenced in Paragraph 6 of this Consent Order.

4. Common Areas - For purposes of this Consent Order, the parties represent and agree that the following property shall be considered Common Areas: (1) the land located within the median of the entrance road to the Subdivision; and (2) the land located within the two "round-a-bouts within the Subdivision. (A) Until such time as the Sedgefield Association is created, the Original Developers shall continue to bold, and to maintain, all of the Common Areas in the Subdivision.

(B) The Original Developers shall be allowed. in their unilateral discretion and if agreed upon by the Estates Association, to work out a transfer ownership and control of the Common Areas to the Estates Association prior to the creation of the Sedgefield Association. In such an event, the Estates Association will hold such property in trust for the benchit of all lots in the Subdivision, and shall be responsible to maintain the Common Areas in the same manner as has been done by the Original Developers. In such an event the Estates Association will he responsible for 60% of the cost of such maintenance, and the Village Association will be responsible for reimbursing the remaining 40% of the cost of this maintenance to the Estales Association. In any event, once the Sedgefield Association is created by the consolidation of the Estates Association and the Village Association, the ownership, control and maintenance responsibilities shall be transferred to the Sedgeficld Association.

(C) During the period in which the Common Areas are maintained by the Original Developers, the Estates Association will be responsible for reimbursing the Original Developers for 60% of the cost of such maintenance, and the Village

B₺ 02653 P: 0410

Association will be responsible for the remaining 40% of the cost of this maintenance.

(D) At the time the Sedgefield Association is created, (or carlier as set forth in subparagraph 4(B)). the Original Devclopers will transfer, by quitclaim deed. all of the Common Areas in the Subdivision to the Sedgefield Association. Responsibility for the maintenance of the Common Areas shall shifi to the Sedgefield Association at this time.

(E) No signs or flags shall be allowed in the median in the Subdivision entranceway except for (i) the brick subdivision entrance marker and sign affixed thereto presently in existence in the median of the entrance, and (ii) the signs and monuments envisioned by paragraph 5.

(F) The owners of Lot I and Lot 35A shall grant and allow to be filed and recorded thirty foot landscape easements (the "Landscape Easements) on 1o1 1 and on Lot 35A (which are identified as 30' Landscape Easements on that survey by Brett Chandler and Associates dated December 16, 2005) (the "Survey") for the perpetual maintenance and existence of the cntrance area to the Subdivision for the benefit of the homeowners of the Subdivision. The Landscape Easements shall authorize appropriate agents of either of the Subdivisions' homeowners associations to access the property covered by the Landscape Eascments for the purpose of landscape maintenance and for the erection of signage as referenced in sub-paragraphs S(A) and 5(B) of this Consent Order.

a. The expense of the landscape maintenance and utilities thereon shall be split 60%/40% between the two homeowners associations. b. The Survey has been made for the purpose of being read in conjunction with and used as a bases of carrying out and implementing this Consent Order, and to be used to create the Landscape Easements.

B: 02653 P 0411Ś

c. The expense of the preparation of the Survey; as well as the legal fees incurred in drafting and recording the Landscape Easements, shall be borne and paid entirely by the Sedgefeld Estates(r) Association. d. Until such time as the Developers sell all 23 of their lots and the Sedgefield Association is formed, the landscape maintenance undertaken within the Landscape Easement will be limited to the maintenance of the status quo. The Jook, Jandscaping, and grade of the and cncumbered by the Landscape Easement shall not be appreciably altered during this period.

e. The Homeowners Associations shall have the right to cut the grass and vegetation on the Clark County right of way and on all undeveloped lots within the Subdivision as long as said lots remain undeveloped. 5. Subdivision Signs - The partics to this Consent Order have agreed to allow, acquire and erect, several signs which will assist residents and visitors to the Subdivision in recognizing the distinction between the existing homes in the Subdivision (to be known prospectively as Sedgefield Estates), from the new construction being undertaken by the Developers (to be known prospectively as Sedgefield Village). The sign provisions of any and all restrictive covenants to be imposed shall expressly allow for such signage and monuments recognizing the distinction between the existing homes in the Subdivision and the new construction. To that end:

(A) The Developers shall grant a sign easement to the Plaintiffs (or to the appropriate homeowners association) on that portion of Lot 35A encumbered by the Landscape Easement for the purpose of erecting a sign to be used to identify Sedgefield Village. The Developers shall allow the croction of said sign subject to the ACC process set forth in Paragraph 3(D). If possible, and utilizing best efforts in do so, the ACC shall locate

BL 02653 ₽ _Ü412 all or as much of the sign referenced in this sub-paragraph as is practicable, within the 15 fool sci-back, identified on the Survey as the "no (B) access easement" along the entranceway to the Subdivision. The Original Developers shall grant the Plaintiffs (or to the appropriate homeowners association) a sign casement that portion of Lot. 1 encumbered by the Landscape Easement for the purpose of erecting a sign to be used to idemify Sedgefield Estates. The Original Developers shall allow the crection of said sign subject to the ACC process set forth in Paragraph 3(D). If possible, and utilizing best efforts to do so, the ACC shall locate all or as much of the sign referenced in this sub-paragraph as is practicable, within the 15 foot set-haak. identified on the Survey as the no access easement along the entranceway to the Subdivision. The Original Devclopers shall grant the Plaintiffs (or to the appropriate homcowners association) a sign casement for the common area located in the median at the entrance to the Subdivision for the purpose of erecting a sign which identifies and distinguishes Sedgefield Estates and Sedgefield Village.

(Q) All signs referenced in paragraph 5 of this Consent Order shall be reviewed and approved by the ACC unanimously, and erected in accordance with all applicable ordinances and regulations. If any variance or permit for encroachment on a right of way, or other exception to any ordinance or regulation is needed for this signage for any reason, all partics to this Consent Order agrec to pursue and facilitate same with best (E) efforts to carry out the iment of this Consent Order.

The costs of the signs and monuments referenced in sub-paragraphs 5(A) through 5(C) above shall be bore 60/40% between the Estates Association and the Village Association.

EL 02653 ₽¿ 0413 (F) The Plaintiffs and/or the Estates Association shall take the initial steps in designing and seeking approval from the ACC of the signs referenced herein.

Marketing Sienage - All signs placed in or near the Subdivision by the Developers for the purpose of advertising the new homes under construction on the Developers Lots shall refer to the new bumes as "Sedgefield Village" so as to distinguish the new construction from the pre-existing homes known as Sedgefield Estates.

(A) The. ACC shall have no review or approval rights with respect to the signage referenced in Paragraph 6 of this Consent Order. Nothing in this Consent Order shall preclude the Developers from placing marketing signage on property it owns, including that portion of Lot 35A encumbered by the Landscape Easement.

The Original Developers Lots - The Original Developers own seven (7) lots (the "Origina! Developer Lots) within the Subdivision, which are Jocated in that portion of the Subdivision known as Sedgefield Estates. The lots are identified by lot number and address as follows: Lot B8, 126 Melbourne Dr., Lot A17, 171 Sedgefield Dr., Lot A15, 155 Melbourne Dr., Lot A14, 151 Melbourne Dr., Lat 36, 112 Melbourne Dr., Lot A2, 111 Melbourne Dr., Lot B1. 143 Sedgefield Dr. (A) The Original Developers are marketing the Original Developers Lots for sale. (B) Prior to selling any of the Original Developer Lots to a third party, the Plintiffs, or their designees or assigns, shall have the right of first refusal to purchase any of the Original Developer Lots, on the same terms and conditions as offered by a third-party buyer (third party must be a hona fide purchaser for value in an arms length transaction).

(C) Onc of the Plaintiffs must exercise this right of first refusal within ten (10) days of being provided written notice from the Original Developers.

BL: 02653 ₽ 0414 (D) The exercise of this right will be by a binding letter agreeing to be bound by the terms of the proposed purchase and sale agreement that triggered the right of first refusal, which letter shall he sent from the person choosing to exercise the right of first refusal to the Original Developer (or its agent), delivered by hand, fax, or any other means conveying actual notice to Original Developer (or its agent) prior to the close of ten days from the date of notice. (E) The Original Developers' notice shall contain the terms and conditions agreed to or a copy of an executed purchase and sale agreoment triggering the right of first refusal. Such notice shall be sent by the Original Developers by the US postal service for regular US mail delivery, (preaddressed with adequate postage paid and affixed thereon to ensure delivery), to the designated recipient for receiving notice for the Plaintiffs, to wit:

125 Melbourne Drive Mr. W. H. "Dink NeSmith

Athens, GA 30606

(F) Should morc than one Plaintiff desire to exercise the right of first refusal on one or more lots, thereby creating a conflict between Plaintiffs, the priority of said right shall be determined by seniority of age of the named Plaintiffs, from oldest to youngest, with the most senior having priority. A designce of a Plaintiff shall be deemed to have the seniority of his or her designor. In no event, however, shall such conflict among Plaintiffs extend the time for exercising the right of first refusal. Represcntations -

(A.) Plaintiffs' counsel, Blainc Norris, Esq., has agreed not to represent any other plaintiffs with regard to the subject matter of this litigation or against

EŁ 02653 P: 0415

the parties hereto, except for any possible dispute arising directly out of the performance of the duties contained in this Consent Order. (B) Each and every Plaintiff to this action has and does affirm and warrant that they are unaware of any other individuals who have indicated to them that a lawsuit will be, or is likely to be, filed against the Defendants to this action.

9. Dismissal - Upon the execution and cntry of this Consent Order, all parties to this action shall dismiss this action with prejudice.

10. Release - Each and every Plaintiff to this action, as well as their agents, designees and assigns, hereby relcase each and every Defendant in this action as well as its/their employees, agents, directors, officers, attorney's or any other representatives from any and all claims, rights. demands, actions, suits, liens, or any other type of claims which any of the Plaintiffs have or may have arising out of or relating to the facts and circumstances at issue in this action, provided however, (1) that Worthy expressly reserves his right to assert any claim arising out of the resuictive covenants presented to him with, or as a part of, his deed dated February 21, 1997, and filed February 25, 1997; and (2) that the obligations contained in this Consent Order shall remain in full force and effect and shall survive the dismissal.

21. Mediation - The parties agree that prior to initiating any litigation on any issuc krising out of this Consent Final Order, the parties will undertake to mediate the cispute before Denny Galis, Esq. in a good faith effort to resolve the matter. All || SO ORDERED this costs associated with the mediation shall be divided equally between the parties. day of February, 2004.

The Honorable David R. Sweat

Judge, Superior Court of Athens-Clarke County

W 1 1 100

BL 02653 PE 0416 CONSENTED TO BY:

CHAMBERLAIN, HRDLICKA, WHITE, WILLIAMS & MARTIN WIGGINS & NORRIS, LIC Gary S. Freed, Esq. Blane Dorso Georgia Bar No.: 275275 Blaine A. Norris, Esq. William J. Piercy, Esq. Georgia Bar No.: 545832 (With express permission by William J. Piercy, Esq.) Georgia Bar No.: 579627

| 191 Peachtree Street 1551 Jennings Mill Road Ninth Floor Suite 2000 A

404-6591410 Atlanta, Georgia 30303-1747 Bogart, Gorgia 30622

706-613-2700

COUNSEL FOR DEFENDANTS MARK COUNSEL FOR PLAINTIFFS RUDOLPH, SFDGEFIELD BUILDERS,

LLC AND LIBERTY BUILDERS, LLC

MCLANAHAN & COMOLLI

John Comolle 45p

John M. Comolii,. Esq.

Georgia Bar No 180100 (With express permission hy William ) J'iercy, Exq.)

P.O. Box 326 First American Bank & Trust Building

| Athens, Georgia 30603

comolli@pfnathens.com

COUNSEL FOR DEFENDANTS

SEDGEFIELD DEVELOPMENT, INCID WILLIAM LOYD FLORENCE, III

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