Covenants

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DOC# 004077

FILED IN OFFICE 05/21/2007 02:21 PM STATE OF GEORGIA BK: 928 PG:324-339

ANGELA VATSON

CLERK OF SUPERIOR COUNTY OF OCONEE COURT

OCOMEE COUNTY

DECLARATION OF RESTRICTIONS

AND

PROTECTIVE COVENANTS FOR LEA HAVEN

THIS DECLARATION OF PROTECTIVE COVENANTS, made and published this the 11"_ day of February, 2007, by P & A VENTURES, INC., hereinafer referred to as Declarant.

WITNESSETH:

THAT WHEREAS, said P & A VENTURES, INC. is the owner of that property shown on that certain plat entitled "Final Plat for Lea Haven-, Book 7, Pages 9in the Office of the Clerk of the Superior Court of Oconee County, Georgia; and

WHEREAS, it is to the interest, benefit, and advantage of said Declarant and to each and every person who shall hereafter purchase any numbered lots in said subject property, that certain protective covenants governing and regulating the use and occupancy of the same be established, set forth, and declared to be covenants running with the land; and

WHEREAS, the said Declarant hereby specifically declare these Protective Covenants to be and made applicable to, and only to the property described in Exhibit A attached hereto and incorporated herein;

NOW, THEREFORE, for and in consideration of the premises and of the benefits to be derived by Declarant and each and every subsequent owner of any of the numbered lots in said subject property, said Declarant do hereby set up, establish, promulgate and declare the

following protective covenants to apply to, and only to, each and all of said numbered lots in said subject property, and to all persons owning said lots, or any of them hereafter; these protective covenants shall become effective immediately and run with the land and shall be binding upon all persons claiming any such numbered lot (hereinafter flot) under and through Declarant until

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EK :925 PG:325 25 years from the date of recording of these protective covenants at which time said covenants may be extended or terminated in whole or in part as hereafter provided, to-wit:

1. LAND USE AND BULDING TYPE. No lot shall be used, except for residential purposes. Provided, however, in the event a single family residence is maintained as a model home for the purpose of marketing single family residences for sale on the subject property, said maintenance of a model home shall be a permitted use. No building shall be erected, altered, placed, or permitted to remain on any lot

other than one detached single-family dwelling, constructed and maintained for the use and occupancy of a single family unit and private garage for not more than three cars and other outbuildings customarily used in connection with and incidental to a single family dwelling.

2. ARCHITECTURAL CONTROL. No Residence, building, fence, wall, road, driveway, sidewalk, parking area, tennis court, swimming pool or other structure or improvement of any kind shall be erected or placed on any lot until the plans and proposed location on the lot shall have been approved in writing by the Architectural Control Committee. A site plan showing location of the structure must be approved by the Architectural Control Committee as to quality of

workmanship and materials, harmony of external design with existing structures, and as to location with respect to topography and finish grade elevation. No fence or wall shall be erected, placed, or altered on any lot nearer to any street than the front line of the house, unless similarly approved. No fences shall be erected within 0.5 feet of any side, front, or rear lot lines without prior written approval from the Architectural Control Committee.

3. DWELLING COST, QUALITY AND SIZE.

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BK:928 PG:326

a. All one-story dwellings must contain a minimum of 2600 square feet of

heated interior space and all two-story dwellings must contain a minimum of

2600 square feet of heated interior space.

b. Each residence and other structures shall be constructed only of materials, and

in colors, approved in writing by the Architectural Control Committee with

the exterior of the residences being brick or comparable masonry. Siding may

be used if deemed to be necessary by the Architectural Control Committee for

the "Architectural Style* of the home.

4. BUILDING LOCATION. No building shall be located on any lot nearer to the

front line or nearer to the side street line than the minimum building setback lines

shown on the recorded plat. No building shall be located nearer than 15 feet to an

interior lot line. No dwelling shall be located on an interior lot nearer than 40 feet

to the rear lot line. For the purposes of this covenant, eaves and steps shall not be

considered as part of a building, provided, however, that this shall not be

construed to permit any portion of a building to encroach upon another lot.

5. COMMENCEMENT OF CONSTRUCTION/CONTRACTOR APPROVAL. A

lot owner shall commence construction of a single-family residence on said

owner's lot within two years of the date of the purchase of same. The contractor

chosen by a lot owner for construction shall be subject to the approval of the

Architectural Control Committee. No owner shall be permitted to act as his own

builder or contractor, for the exterior of any structure except where such owner

obtains his income primarily from the construction of the type of structure to be

constructed within the subdivision, and otherwise meets the qualifications for

approval by the Architectural Control Committee.

.....

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BK:928 PG:327

6. GARAGES. There shall be no garages which front on a street, except in the

case of corner lots. In that event, the location of the garage shall be subject to the

approval of the Architectural Control Committee. No outbuildings shall be

permitted without the approval of the Architectural Control Committee. An

outbuilding shall not be approved unless said outbuilding is of the same style and

quality as the single-family residence located on the property where the said

outbuilding is proposed to be located.

7. DRIVEWAYS. All driveway entrances shall have brick or stamped pavers.

8. FENCES. No fences shall be allowed except chainlink fences with black coating

no greater than five (5) feet high. No fences shall be allowed in front or side

yards.

9. MAILBOXES. The Architectural Control Committee shall have the right to

approve the location, color, size, design, lettering, type of material, and all other

particulars of mail and newspaper boxes, if any, and of name signs on such boxes,

as well as property identification markers and decorative hardware, whether

attached to such mail-box, to any structure within the Lot or affixed or erected

upon the grounds of the lot.

10. LANDSCAPING AND TREE REMOVAL. An owner shall have the right to

remove live trees for the sole purpose of constructing the dwelling and

improvement in compliance with the approved construction plan and site plan

described above. All other removal of live trees shall be subject to the approval

of the Architectural Control Committee. All front yards shall be sodded and shall

have underground irrigation systems sufficient to provide water to the

aforementioned sodded areas. The aforementioned sodding and irrigation shall be

........

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BK: 928 FG:320 completed within 180 days from the completion of the construction of the singlefamily residence located on a lot.

11. BASEMENTS. Easements for installation and maintenance of utilities and drainage facilities are reserved as shown on said plat so recorded in said Clerk's Office in Plat Book 7, Pages &t9 All electrical service, cable television and telephone lines shall be placed underground and no exterior pole, tower, antennae for any purpose shall be erected. Further, the design, type, location, size, color, and intensity of all exterior lights shall be subject to control by Architectural Control Committee and only such exterior lighting as shall have been approved in writing by the Architectural Control Committee shall be installed or used on any lot.

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

13. TEMPORARY STRUCTURES. No structures of a temporary character, trailer, basement, tent, shack, garage, detached carport, or other outbuilding shall be used on any lot at any time as a residence temporarily or permanently. Provided, however, during the construction of dwellings on the subject property, construction trailers may be maintained.

14. OIL AND MINING OPERATIONS. No oil drilling, oil development operations, oil refining, quarrying or mining operations of any kind shall be permitted upon or in any lot, nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon any lot; and no derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained, or permitted on, upon, or in any lot.

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BK:928 FG:329 15. No exposed above ground tanks will be permitted on any lot for the storage of fuel, water, or for any other use. Television 'dish" antennas shall not be permitted in the front yard of any lot and shall not be visible from the front yard of any lot. Antennas on a corner lot are required to be shielded from view from the side street. In any event, if antennas are allowed, they can only be placed in the rear yard, must be shielded from view, and must be approved by the Architectural Control Committee.

16. SIGNS. No sign of any kind shall be displayed to the public view on any lot except one professional sign of not more than one square foot, one sign of not more than five square feet advertising the property for sale or rent, or signs used by a builder to advertise the property during the construction period.

17. LIVESTOCK AND POULTRY. No animals, livestock, or poultry of any kind shall be raised, bred, or kept on any lot, except that dogs, cats, or other household pets may be kept, provided they are not kept, bred, or maintained for any commercial purposes.

18. GARBAGE AND REFUSE DISPOSAL. No lot shall be used or maintained as a dumping ground for rubbish, trash, garbage, or waste. All incinerators or other equipment for the storage or disposal of such material are prohibited.

19. SEWAGE DISPOSAL. No individual sewage-disposal system shall be permitted on any lot, unless such system is designed, located and constructed in accordance with the requirements, standards, and recommendations of the Georgia Department of Public Health. Approval of such systems as installed shall be obtained from such authority.

20. RESTRICTED ACTIVITIES. The following activities are prohibited within the

Property unless expressly authorized by the Declarant or its designee:

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BK:928 PG:330 a. Parking of any vehicles on streets or thoroughfares, or parking of commercial vehicles or equipment, trucks other than pickups, mobile homes, recreational

vehicles, campers, boats and other water craft, trailers, stored vehicles or

incperable vehicles in places other than enclosed garages, driveways, or other

paved parking areas located on a lot; provided, construction, service and

delivery vehicles shall be exempt from this provision during daylight hours for such period of time as is reasonable necessary to provide service or to

make a delivery to a Lot or the Common Areas; if the Lot includes a garage

with exterior doors, the doors shall be kept closed at all times, except during

times of entry, an exit from said garage, or when someone is working in or

around said garage. No vehicle may be left upon any portion of the

subdivision, except in a garage or other area designated by the Declarant, for a

period longer than five (5) days if said vehicle is unlicensed, or if said vehicle

is in a condition so that it cannot operate on public streets. After the five (5)

day period, the inoperable vehicle shall be considered a nuisance and may be

removed from the subdivision. No mobile homes, recreational vehicles,

campers, boat, towed vehicle, water cart, or trailer shall be temporarily kept or

stored in the subdivision for a period in excess of twelve (12) hours unless kept in a garage or other area designated by the Declarant. Trucks with

mounted campers which are a Lot owner's primary means of transportation

shall not be considered a recreational vehicle, provided said vehicle is used on

regular basis for transportation, and the camper is stored out of public view

upon removal from said truck. No eighteen-wheel (18) trucks shall be parked, parked overnight, kept, or stored in the subdivision, and if a vehicle of said type is so parked, kept, or stored, then said vehicle shall be considered a

...

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PK:928 PG:331 nuisance and may be removed from the subdivision. However, service

vehicles may be parked in the subdivision for such period of time as is reasonably necessary to provide such service.

21. POOLS AND POOL, COVERS. No pool covers shall be permitted which are

higher than six inches above the swimning pool deck except by written

authorization from the Architectural Control Committee. All swimming pools must be constructed below ground level with the same setback requirements as dwelling and other improvements and be located so as to provide minimal visual impact to surrounding properties and streets. All pool equipment, including but not limited to pumps and filters must be sited where it will not cause a nuisance to

neighbors and be screened from view. A fence, a maximum of six (6) feet in

height and capable of being locked, shall surround all swimming pools. 22. SIGHT DISTANCE AT INTERSECTION. No fence, wall, hedge, or shrub planting which obstructs sign lines at elevations between two and six feet above

the roadways shall be placed or permitted to remain on any corner lot within the

triangular area formed by the street property lines and a line connecting them at

points 25 feet from the intersection of the street lines, or in the case of a rounded

property corner, from the intersection of the street property lines extended. The

same sight-line limitations shall apply on any lot, which is within ten feet from the intersection of a street property line with the edge of a driveway or alley

pavement. No tree shall be permitted to remain within such distance of such

intersections unless the foliage line is maintained at sufficient height to prevent obstructions of such sight lines.

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DK:928 PG:332 23. ARCHITECTURAL CONTROL COMMITTEE.

a. Membership The Architectural Control Committee is composed of Jerry Peck and Dan Arnold. A majority of the committee may designate a representative

to act for it. In the event of death or resignation of any member of the

committee, the remaining members shall have full authority to designate a

successor. Neither the members of the committee nor its designated

representative shall be entitled to any compensation for services performed

pursuant to this covenant. The Architectural Control Committee shall have

the right to grant variances to these covenants provided that said grant is in

writing and signed by a majority of the Architectural Control Committee. b. Procedure. The committee's approval or disapproval as required in these covenants shall be in writing. In the event the committee, or its designated representative, fails to approve of disapprove within 30 days after the plans and specifications have been submitted to it, or in any event, if no suit to

enjoin the construction has been commenced prior to the completion thereof,

approval will not be required and the related covenants shall be deemed to

have been fully complied with.

c. Right of Inspection. The Architectural Control Committee, its agents and

representative, shall have the right during reasonable hours to enter upon and

inspect any Lot and improvement thereon for the purpose of ascertaining

whether the installation, construction, alteration or maintenance of any improvement or the use of any Lot or improvement is in compliance with the

provisions of this Declaration; and the Architectural Control Committee shall not be deemed to have committed a trespass or other wrongful act solely by reason of such entry or inspection.

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BK:928 PG:333 d. Violation. If any improvement shall be erected, placed, maintained or altered upon any Lot, otherwise than in accordance with the plans and specifications

approved by the Architectural Control Committee pursuant to the provisions

of this Article, such erection, placement, maintenance or alteration shall be deemed to have been undertaken in violation of this Article and without the

approval required herein. If in the opinion of the Architectural Control

Committee such violation shall have occurred, the Architectural Control

Committee shall be entitled and empowered to enjoin or remove any such

construction, and take other action permitted by the By-Laws of the

Association. Any costs and expenses incurred by the Architectural Control

Committee in enjoining or removing any construction or improvements shall

become a lien against the Owner's Lot in accordance with Section 25.

Additionally, the Architectural Control Committee shall be entitled to pursue all legal and equitable remedies.

e. Fees. The Architectural Control Committee may impose and collect a

reasonable and appropriate fee to cover the costs of inspections performed

pursuant to Section 23.c hereof, which such fee will be paid out of regular or special assessments established per Section 25 hereof. The fee shall be

established from time to time by the Architectural Control Committee.

24. HOMEOWNER'S ASSOCIATION. Every Owner of a Lot in Lea Haven shall be a member of the Association. If title to a Lot is held by more than one person, each of such persons shall be members. Membership shall be appurtenant to the Lot to which it appertains and shall be transferred automatically. Notwithstanding the above, each Lot shall be entitled to one (1) vote in the Association.

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BK:928 PG:333 d. Violation. If any improvement shall be erected, placed, maintained or altered

upon any Lot, otherwise than in accordance with the plans and specifications

approved by the Architectural Control Committee pursuant to the provisions

of this Article, such erection, placement, maintenance or alteration shall be deemed to have been undertaken in violation of this Article and without the

approval required herein. If in the opinion of the Architectural Control

Committee such violation shall have cocurred, the Architectural Control Committee shall be entitled and empowered to enjoin or remove any such construction, and take other action permitted by the By-Lews of the

Association. Any costs and expenses incurred by the Architectural Control

Committee in enjoining or removing any construction or improvements shall

become a lien against the Owner's Lot in accordance with Section 25. Additionally, the Architectural Control Committee shall be entitled to pursue

all legal and equitable remedies.

e. Fees. The Architectural Control Committec may impose and collect a reasonable and appropriate fee to cover the costs of inspections performed

pursuant to Section 23.c hereof, which such fee will be paid out of regular or special assessments established per Section 25 hereof. The fee shall be established from time to time by the Architectural Control Committee.

24. HOMEOWNER'S ASSOCIATION. Every Owner of a Lot in Lea Haven shall be a member of the Association. If title to a Lot is held by more than one person, each of such persons shall be members. Membership shall be appurtenant to the

Lot to which it appertains and shall be transferred automatically. Notwithstanding the above, each Lot shall be entitled to one (1) vote in the Association.

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BК:928 PG×334 The provisions of this Article are to be amplified by the Articles of Incorporation

and By-Laws of the Association provided, however, no such amplification shall substantially alter or amend any of the rights or obligations of the Owners of Lots

as set forth herein. In the event of any conflict or inconsistencies among this

Declaration, the Articles of Incorporation or the By-Laws of the Association, this

Declaration and the Articles of Incorporation (in that order) shall prevail. 25. ASSESSMENTS. Assessments against the Lot Owners shall be made to raise funds to pay the common expenses of the Property, and contribute a pro rata share

of the maintenance of the common areas of Lea Haven and shall be governed by

the following provisions:

a. Liability. Each Lot Owner shall be liable to the Association for all sums as

are lawfully assessed by the Association against him or his Lot or Lots in accordance with the terms and provisions of this Declaration and Articles of

Incorporation and By-Laws. In addition to exercising the remedies provided

for herein, the Association may enforce such hability by an action at law to

recover all amounts assessed against each unit owner in accordance with the

provisions of this Declaration.

• Creation of the Lien and Personal Obligation for Assessment. Fach owner of any Lot by acceptance of a deed or other conveyance thercof, whether or not it

shall be expressed in any such deed or other conveyance, covenants and

agrees to pay to the Association assessment which shall be fixed, established,

and collected as herein provided; however, nothing contained herein shall be

construed to obligate Declarant to pay assessments on lots prior to the sale of

said Lots.

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BK:928 FC:335 c. Uniform Rate of Assessment. All annual assessments shall be fixed at a

uniform rate for all Lots.

d. Purpose. Assessments shall be levied against the Lot owners and the Lots to

defray the common expenses of the Property. 'The common expenses of the

Property shall be all of the expenditures which are made or incurred by or on

behalf of the Association in connection with the exercise of its powers and

responsibilities, and shall include but not be limited to the following:

i. All expenses related to the maintenance and repair of the storm water

detention facility located on the subject property;

ii. Premiums for all insurance policies maintained by the Association; iii. 'The expenses of performing the maintenance, repair, renovations,

restoration and replacement work which is the responsibility of the Association hereunder;

iv. Such other costs and expenses as may be determined from time to time

by the Board of Directors to be common expenses: and

e. Collection. In addition to all other remedies provided by law, the Association may enforce collection of the assessments for which a Lot Owner is liable,

together with all other amounts as may be owed by such Lot Owner to the

Association, as hereinafter provided.

i. In the event that any Lot Owner shall fail to pay any installment of any

assessment levied against him within ten (10) days after such installment shall be due and payable and the payment of, and shall pay, in addition to the amounts so due the Association:

ii. In the event that any Lot Owner shall fail to pay within five (5) days after the same shall be due, any amounts due and payable to the

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BK:928 PG:336 Association, such Lot Owner shall be liable for the payment of, and

shall pay, in addition to the amounts so due the Association:

1. A late charge equal to the Ten ($10.00) Dollars or ten (10%) percent of the amount so due, whichever is the greater; 2. interest on the amount so due, and the aforesaid late charge

appertaining thereto, from the date same were due and payable, at the rate of ten (10%) percent per annum, until paid; 3. the cost of collection, including court costs, the expenses of

sale, any expenses required for the protection and preservation of the Lot, and reasonable attorney's fees actually incurred; and 4. in the event the Association shall seek to foreclose its lien on

the Lot of such owner, the fair rental value of the Lot from the

time of the institution of suit until sale of the unit at foreclosure

(or until the judgment rendered in such suit is otherwise satisfied).

iii. All sums lawfully assessed by the Association against any Lot Owner

or Property Owner's Association Lot, whether for the share of the

common expenses pertaining to that Lot, fines, or otherwise and all

reasonable charges made to any Lot Owner or Lot for material

furnished or services rendered by the Association at the Owner's

request to or on behalf of the Lot Owner or Lot, shall, from the time

the sums become due and payable, be the personal obligation of the

Lot Owner and constitute a lien in favor of the Association on the Lot

prior and superior to all other liens whatsoever except:

1. Liens for ad valorem taxes on the Lot;

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BK:928 PG:337 2. The lien of any first priority mortgage covering the Lot and the Lien of any mortgage recorded prior to the recording of the Declaration; or

3. The Lien of any secondary purchase money mortgage covering the Lot, provided that neither the grantee nor any successor grantee of the mortgage is the seller of the Lot.

The recording of this Declaration shall constitute record notice of the existence of the lien and no further recordation of any claim of lien for assessment shall be required.

iv. The rights of a Lot Owner and all persons entitled to occupy the Lot of such owner, to use the common elements shall be suspended for the period of time any amount due and owing to the Association in regard

to any lot owned by such owner shall remain unpaid; provided, however, that no such suspension shall deny any Lot Owner, or the occupants of any Lot, access to the Lot owned or occupied, nor cause

any hazardous or unsanitary condition to exist.

26. INSURANCE. Insurance which shall be obtained by the Association shall be governed by the following provisions:

a. Types of Insurance. The Association shall obtain and maintain the following insurance policies;

i. A comprehensive policy of public liability insurance covering ali of the common elements. Such liability insurance policy shall contain a "severability of interest" endorsement, which shall preclude the insurer from denying the claim of a Lot Owner because of the negligent acts of the Association or other Lot Owners. Such liability insurance

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BK:928 PG:338 policy shall cover the Association, the Board of Directors, the officers of the Association, all agents and employees of the Association and all

unit owners and other persons entitled to occupy any Lot or other

portion of the Property, shall be for at least $500,000.00 for injury including death to a single person, $1,000,000.00 for injury or injuries, including death, arising out of a single occurrence and $50,000.00 for property damage, with a cross liability endorsement to cover the Lot

Owners as a group and shall include protection for damage to the

property of others.

27. AMENITY AREAS. NONE

28. STORM WATER DETENTION AREAS. The storm water detention facilities

set forth on the plat of the subject property shall be conveyed to the Association

and shall be maintained by the Association as provided by the laws and regulations of Oconee County and the State of Georgia, including the

maintenance of liability insurance on said facility as provided herein.

29. TERMS. These covenants are to run with the land and shall be binding on all

parties and all persons claiming under them for a period of 25 years from the date

these covenants are recorded, after which time said covenants shall be

automatically extended for successive period of 10 years unless an instrument

signed by a majority of the then owners of the lots has been recorded, agreeing to

change said covenants in whole or in part.

30. ENFORCEMENT. Enforcement shall be by proceedings at law or in equity against any person or persons violating or attempting to violate any covenant either to restrain violation or to recover damages.

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BK:928 PG:339

31. SEVERABILITY. Invalidation of any one of these covenants by judgment or

court order shall in no wise affect any of the other provisions, which shall remain

in full force and effect.

IN WITNESS WHEREOF, the undersigned, being the Declarant herein, has executed this

instrument under this seal this the 11ạ day of February, 2007.

_ (SEAL)

Signed, sealed and delivered

In the presence of:

He Macha dea

NOTARL

Notary Public

16

....

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STORMWATER MANAGEMENI

INSPECTION AND MAINTENANCE AGREEMENT

between (Insart Full Name of Owner) P&A Ventures,

herenana? caled the Landomar, and the Board of Commisaloners of Oconse County, Gear " A hereinafter called the "County",

00 WITNESSETH, Jog!

Tax Map/Parcel Identification Number) _C-02AI001, C-02AI002

record 1 by deed in the land records of Oconse County, Georgia, Deed Book 846 _ Pager

_, hereinafter called the "Property".

WHEREAS, the Landowner is proceeding to build on and develop the property; and

WHEREAS, the Site Plan/Subdivision Plen known as (Name of Plen/Development) Dea Hamen Subdivision ., hereinaffer called the "Plen", which is expressly made a part herecf, as approved or to be approved by the County, provides for detention of stormwater within the confines of the property; and

WHEREAS, the County and the Landowner, including any homeownere association, agree that the health, safety, and weifare of the residents of Oconee County, Georgia, require that on-site stormwater management facilities/Best Management Practices (BMPs) be constructed and maintained on the Property; and

WHEREAS, the County requires that on-site stormwater management facilities/BMPs as shown on the Plan be constructed and adequately maintained by the Landowner, its successors and assigns, including any homeowners association.

NOW, THEREFORE, in consideration of the foregoing premises, the mutual covenants contained herein, and the following terms and conditions, the parties hereto agree as follows:

1. The on-site stormwater management facilities/BMPs shall be constructed by the Landowner in accordance with the plans and specifications identified in the approved Plan.

2. The Landowner shall adequately maintain the stormwater management facilities/BMPs. This includes all pipes and channels designated as private facilities built to convey stormwater to the facility, as well as all structures, improvements, and vegetation provided to control the quantity and quality of the stormwater. Adequate maintenance is herein defined as good working condition so that these facilities are performing their design functions.

3. The Landowner shall inspect the stormwater management facilities/BMPs and submit an inspection report annually by July 1 to the Oconse County Public Works Depariment. The purpose of the inspection is to assure safe and proper functioning of the facilities. The inspection shall cover the entire facilities, berms, outlet structure, pond areas, access roads, etc. Deficiencies shall be noted in the inspection report.

4. The Landowner will perform the work necessary to keep these facilities in good working order as appropriate. In the event a maintenance schadule for the stormwater

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8K:928 PG:342

In witness whereof the Landowner has set Its hand, affixed its seal and delivered thes presents, the date and year witten above.

P&A Ventures. Inc.

Company/Corporation/Partnership Name (Seal)

By:

Hypertin Name and Wite

Attest: Jerry Peck

(Type/Print Name and titie)

Signed sealed and delivered in

the presence of:

She Harte

official Witness

SH ELDER

Aany Elder

Notery Public, NOTAR

PUP

Accepted:

Oconee County 70%

By_

Chairman of the Board of Commissioners

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DOC# 002596

FILED IN OFFICE 06/16/2011 08:45 AM 8K: 1095 PG:163-171 ANGELA WAISUN

KLERK DE SUFEKIOR COURT

OCONEE COUNTY

Record and return:

Ross S. Schell

Martin Snow, LLP

P. O. Box 1606

Macon, GA 31202-1606

FIRST AMENDMENT TO DECLARATION OF RESTRICTIONS

AND PROTECTIVE COVENANTS FOR LEA HAVEN

RE: Declaration of Restrictions and Protective Covenants for Lea Haven,

recorded in Deed Book 928, Page 324, Clerk=s Office, Oconee Superior

Court

GEORGIA, OCONEE SUPERIOR COURT

WHEREAS, Pineland Financial, LLC (hereinafter called the ADeclarante), by virtue of that

certain Transfer and Assignment dated April 4, 2011 and recorded in Deed Book 1091, Page 88,

Clerk's Office, Oconee Superior Court and that certain Transfer and Assignment dated May 26, 2011 and recorded in Deed Book _ › Page , said Clerk's Office, currently holds the rights of

Declarant under the terms of that certain Declaration of Restrictions and Protective Covenants for

Lea Haven, recorded in Deed Book 928, Page 324, said Clerk=s Office (the "Covenants") and

furthermore is the owner of Lots 1, 3, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 17 and 18 and any and all

common areas of Lea Haven Subdivision (the "Subdivision") as shown on that certain plat of survey

entitled "Final Plat For: Lea Haven', dated February 7, 2007, prepared by ABE JD Wood Surveying, Inc., certified by Jerry D. Wood, Georgia Registered Surveyor No. 2999, recorded at Plat Book 37,

Page 8; and

WHEREAS, Steven Durocher is the owner of Lot 2 of the Subdivision; and

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BK:1095 PG=164 WHEREAS, Matthew S. Kirby and Heather J. Kirby are the owners of Lot 4 of the Subdivision; and

WHEREAS, Amit Himani is the owner of Lot 15 of the Subdivision; and

WHEREAS, Barbara M. Franklin is the owner of Lot 16 of the Subdivision (the foregoing being hereinafter collectively referred to as the "Owners"); and

WHEREAS, the Owners are collectively the owners of all lots in the Subdivision; and WHEREAS, the Owners desire to amend the Covenants.

NOW, THEREFORE, for and in consideration of the premises and the benefits, both present and future, to the owners, future owners, and their successors and assigns, the undersigned do hereby amend the Covenants, as follows:

1. The following is hereby added to Section 1: In the event an owner owns two or more

adjacent lots, the owner shall have the right to construct a residence on one or more of the lots and

shall have the right to construct appropriate and approved associated improvements on the other

adjacent lots). Any such improvement shall be constructed only with the approval of the Architectural Control Committee.

2. The first sentence of Section 5 which requires the commencement of construction

within two years of the date of purchase is hereby deleted. Additionally, the following shall be added to Section 5: Construction of the residence shall be completed within nine months after

commencement. Completion is hereby defined as the date on which a certificate of occupancy is

issued by the appropriate city or county agency responsible for such.

Section 7 is hereby revised to read as follows: DRIVEWAYS. All driveway entrances shall have brick pavers.

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EK:1095 PG:165 4. Section 8 is hereby revised to read as follows: FENCES. The location and material of

any fence shall be subject to approval at the sole discretion of the Architectural Control Committee.

5. Section 10 is hereby revised to read as follows: LANDSCAPING MAINTENANCE AND TREE REMOVAL. Each owner shall maintain their lot while the lot is vacant and during

construction to insure the lot is kept clean and neat. This shall include fallen trees and other debris

from the road and adjoining lots. At all times during their ownership of a lot, the owner shall be

responsible for keeping the grass and weeds cut on their lot. An owner shall have the right to remove live trees for the sole purpose of constructing the dwelling and improvement in compliance with the

approved construction plan and site plan described above. All other removal of live trees shall be

subject to the approval of the Architectural Control Committee. Upon construction of a dwelling on a

lot, an owner shall be required to spend a minimum of 3% of the construction cost of the dwelling or

$6,500.00, which ever is greater, for landscaping. All front yards shall be sodded and shall have underground irrigation systems sufficient to provide water to the aforementioned sodded areas. The

aforementioned sodding and irrigation shall be completed within 90 days from the completion of the

construction of the single-family residence located on a lot and shall be continued to be maintained

and appropriately watered thereafter. In the event a lot owner shall fail to comply with the

requirements of this paragraph, the Association shall have the right to enter the property to take such

action necessary to ensure compliance with this paragraph. In such an event, a lien shall be placed

upon such property in an amount equal to the expenditures made for such compliance. The

Association shall have the right to bring any judicial action necessary to collect and entorce said lien.

The following is hereby added to Section 11: The location of any above-ground

electrical facilities (i.e., transformers) shall be subject to the approval of the Architectural Control

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BK:1095 PG:166 Committee. The owner shall endeavor to have such facilities located in the rear of the residence and,

if necessary, shall provide the rights to access to the power company to facilitate the same.

7. Section 16 is hereby revised to read as follows: SIGNS AND YARD ART. No sign,

posters or yard art of any kind shall be displayed to the public view on any lot except one

professional sign of not more than one square foot, one sign of not more than five square feet

advertising the property for sale or rent, or signs used by a builder to advertise the property during

the construction period.

8. The following is hereby added to Section 18: All garbage receptacles shall be hidden

from view of Lea Haven Way with the exception of the day of the weekly garbage pickup.

9. Section 28 is hereby revised to remove the requirement to convey the storm water

detention facilities to the Association as to that portion of said facilities located on that certain tract

or parcel of land identified as "Stormwater Management Outlot 0.91 ac." as shown on the plat of

survey of the subject as hereinabove described. The Declarant hereby retains the right to convey said

property to the Association at a future date if Declarant desires to do so.

(SIGNATURES ON FOLLOWING PAGES)

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