KNOW ALL MEN BY THESE PRESENT., THAT:
Whereas., said Pilot Country, Inc., owner of the following described property in Pasco County, Florida, to wit
The S.E. 1/4 of the S.W. 1/4 of Section 3, Township 25 S., Range 18 E., and that part of the East 1/2 of the West 1/2 of Section 10, Township 25 s., Range 18 E., Lying North of the R/W of State Road No. 52, Pasco County, Florida. and
Pilot Country, Inc.,
hereafter referred to as the Developer, is desirous to subdivide said property into lots for the construction of dwelling houses; and
WHEREAS, said Developers are desirous to restrict the use of said property for their protection and the protection of those persons who purchase a portion of same from them; and
NOW, THEREFORE, the Developers herein do hereby covenant, contract, promise, and agree with their purchasers, their heirs, and assigns, that for and in consideration of said purchasers having purchased a part of the above described realty, same shall be restricted as set forth below, to wit;
1. Said lots shall be used solely for single family residential purposes only.
2. The developers shall be entitled the right to subdivide said property as they see fit. Thereafter, subsequent lot owners shall not subdivide.
3. No residence shall be erected on said property unless such residence shall contain not less than 2,000 square feet of floor space, exclusive of accessory buildings, hangars, and/or those portions of the dwelling structure commonly accepted as being used for accessory purposes, the latter description being intended to mean open and enclosed porches, carport and other constructions of like nature, but not considered as being absolutely essential to the function of a home. All accessory buildings and hangars must conform in design, quality, and materials with the main residence building.
4. (a) In order to insure that the design of all structures conform with desired design criteria of Developers and possess esthetic qualities which are harmonious with the overall development of the property, no buildings, structure, or improvement shall be erected, placed upon, constructed or altered until the construction plans and specifications, and a plot plan showing the location of the structure on the property have been submitted to the Developers and written approval given by them as to type of construction, minimum building area, quality of materials, harmony of external design with existing structures, and as to location with respect to topography and front, back and side lines of the property.
(b) Construction shall begin within 3 years after the contract for sale is signed by the purchasers. All construction shall be completed within one (1) year from commencement, and no part of any building shall be occupied until construction is completed (both interior and exterior). Developers reserve the right to remove any structure not completed in this required time at the expense of the buyers.
(c) In the event that Developers fail to approve or disapprove in writing within thirty (30) days after all required plans, specifications and information have been submitted to them, then approval will not be required and this provision shall be deemed to have been fully performed.
5. No tents, temporary buildings, house trailers, mobile homes (either single or doublewide), prefabricated homes, modules, houses built elsewhere shall be moved to or placed (either temporarily or permanently) upon the property, either as a single unit or as part of another building being constructed on said property. The fact that a mobile home or a house trailer’s axles and tongue have been removed therefrom and placed upon a permanent foundation shall not change its status so as to exempt it from this prohibition. All dwellings shall be constructed in accordance with the Southem Standard Building Code as promulgated by the Southern Building Code Congress and meet all zoning regulations and electrical and plumbing codes of Pasco County, Florida.
6. All Residential buildings shall contain sanitary plumbing facilities and must be connected to sewers, if available, and, if not available, then to septic tanks. Toilets and all other plumbing fixtures and equipment, except septic tanks, drain fields, and water pumps, shall be located in the main dwelling house or garage building. All plumbing facilities shall be constructed in accordance with the rules and regulations therefore described by the Division of Public Health of the Florida Department of Health and Rehabilitative Services and shall be maintained in such a manner as to, at all times, comply with such regulations.
7. (a) The developers specifically reserve a 26 foot public right-of-way easement running along the front of all lots and a 6 foot easement along all sides of all lots for utility and/or drainage purposes .
(b) No house or other building, including hangars, shall be constructed within 50 feet of the center of main roadway adjoining the property, but said restriction does not pertain to side streets to taxi-ways.
(c) The maintenance of all easements, rights-of-ways, and access road shall be considered the common or collective responsibility of the property owners.
(d) No public or private ingress or egress, right-of-way, roadway, or thoroughfare of any nature whatsoever shall be permitted, granted, or conveyed to any part of parties through, adjoining, or extending into any boundary line of the said lots with the exception of the roadways described in subparagraph (a) above.
8. All electrical lines and telephone lines shall be run underground, and no pole or poles of a height of more than six (6) feet shall be erected on the property without the written consent of the Developers; provided, however, radio and television antennas of a height of less than fifty (50) feet and attached to the main dwelling shall be permissible. Said poles antenna, and other devices shall in any event be subject to FAA regulations concerning obstructions placed in the vicinity of air parks.
9. In the event of a proposed resale of any of the property described above, the terms and provisions of the proposed sale shall be submitted in writing to Developers, who shall have the right and option to purchase the said property on the same terms and conditions. Developers shall have thirty (30) days to consider the proposed sale, and notify said owner in writing of its option to purchase said property. In the event Developers shall not exercise their option to purchase, or in the event Developers fail to advise the owners in writing of their intentions within the thirty (30) days period, then the owners may sell to the proposed buyers as submitted to Developers.
10. No commercial trade or activity whatsoever is permitted, nor erection or display of any signs (whether commercial or otherwise) for such devices; provided, however one sign of not more than 24 inches in height and 24 inches in length advertising the property for sale by a builder or owner may be placed on said property.
11. No part of said property shall be used or maintained for burial of or for dumping of rubbish, trash, garbage, or other waste. All rubbish, waste, or garbage shall be kept in sanitary containers, and shall be removed from the premises at least once a week. Under no conditions shall the use of incinerators or burning be allowed on this property. No dismembered aircraft parts nor nonoperative aircraft are to be left about the premises.
12. No masonry, wooden hedges or any other types of walls or fences shall be erected on any of said property of a height of more than five (5) feet. No wire fence shall be erected, placed upon, or constructed upon a lot until the construction plans and specifications, together with samples of the materials, have been submitted to the Developers. In the event the Developers fail to approve or disapprove in writing within thirty (30) days after all plans and specifications, together with samples material have been submitted to them then approval shall not be required and this provision shall be deemed to have been fully performed. The use of barbed wire in the construction of a fence is prohibited
13. No noxious or offensive trade or activity shall be carried on upon any property, nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood or upon the value of any neighboring property.
14. No animals, livestock or poultry of any kind shall be raised, bred or kept on said property, except that dogs, cats and other household pets in common use may be kept, providing that they are not kept, bred or maintained for any commercial purposes or do not become a nuisance to other homeowners in the subdivision. All dogs shall be kept in a fenced-in enclosure or kept on a leash when outdoors.
15 . Lots are to be kept clean, mowed and free of all unsightly structures or debris. The Developers or its assigns shall have the right at any time to clean up any lots so that this restriction is complied with and make a reasonable charge for such services to the owners, and if the owners refuse to pay, to file a lien therefor.
16. All aircraft shall have the right-of-way when taxiing on the roadways. Aircraft shall “run up” in designated areas. But in any event, the “run up” shall not be done in such a manner as to cause inconvenience or damage to the property of others. In addition, no low level flying stunts, nor other hazardous activities will be permitted, about the subdivision. FAA regulations will be strictly enforced for the protection of the property owners.
17. Property owners that have lots adjoining the water shall have the right to use all water for travel, swimming or fishing. This does not apply to lots 35 and 36 which may only be used by those respective lot owners. No property owner shall have the right to obstruct the free use of said water by barriers or otherwise. This provision does not permit nor allow others from trespassing on land located above the water mark
18. The majority of the lot owners may after the Developer has sold all of the residential lots, select a committee consisting of at least three people elected by a majority vote, who shall act as a committee and which committee shall have the power to prevent any persons from occupying any lots in the subdivision. Such committee shall also have the power at any time to purchase the property of any owner in the subdivision providing owner possesses characteristics that cause disturbances or other characteristics which make such owners or occupants of the owners objectionable people to have as inhabitants of said subdivision. The action of such committee to be valid shall have to be confirmed by a majority vote of the lot owners, each lot owner being entitled to one vote per lot. The Developer, or its assigns, shall act as such Committee until a formal committee has been selected by the lot owners. The purchase price of such property to be purchased from such undesirable owners or occupants shall be the cost of the property and its improvements by said owner or occupant, plus 10%, or the reasonable market value of such real estate together with the improvements thereon, plus 10% whichever is higher. The purpose of this restriction is to promote a pleasant and harmonious subdivision.
19. Campers and travel trailers, and boat trailers may be parked temporarily upon the premises for a period of not more than thirty (30) days, however, said equipment may be stored within an enclosed building located on said premises.
20. If any of the restrictions or covenants contained herein shall be violated or an attempt made to violate said restrictions or covenants, it shall be lawful for any other person or persons owning any real property covered by these or similar restrictive covenants to prosecute any proceeding of law or inequity against the person or persons violating or attempting to violate any such covenant or restriction, either to prevent him or them from doing so or to recover damages for such violation, or both, and a reasonable attorney’s fee may be taxed as a part of the costs thereof.
21. These restrictions shall be a covenant running with the land and shall be binding on all parties and/or all persons claiming under or through them for a period of twenty-five (25) years from the date hereof, and shall be automatically extended for an additional twenty-five (25) years unless Developers and a majority of the property affected hereby agree thereto in a wntten and recorded instrument.
22. These restrictions and covenants may be revised or amended at any time if the Developers and a majority of the owners of the property affected hereby agree thereto in a written and recorded instrument.
23. The failure of any land owner to enforce any restrictions, conditions, covenants, or agreements herein contained shall in no event be deemed a waiver of the right to do so thereafter as to the same breach or as to one occurring prior or subsequent thereto.
24. If any provision of this indenture or the application of such provisions to any person or circumstances shall be held invalid, the remainder of this indenture, or the application of provisions to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby.
25. Where the word ”Developer” or “Developers” is used herein, it is construed that same means developer, developers, or their lawful assignees, heirs and personal representatives.
26. Subject to the written approval of the Developer, or its assigns, if any changes in the restrictions are made as above set forth, which will necessitate assessments against lot owners, and such assessments are voted by a majority, such assessments shall be binding upon all lots in the subdivision in conformity with such assessments, and if the owners refuse to pay, a lien may be filed therefor.
27. The invalidation of any of these restrictions or covenants, by decree of any Court of competent jurisdiction or by any legislative enactment or other legal means shall in no way affect any of the other provisions thereof which shall remain in full force and effect.
28. The above mentioned restrictions shall apply to those parcels of land that are designated for residential purposes only by the Developers. They shall not apply nor be binding on that real property used for runways, taxiways, ramps, airport buildings, fuel depot and property which is to be developed for commercial purposes by the Developer.