ALL PHASES
Whereas, the undersigned Danflor Development, LLC, hereinafter called and referred to as the owners and developers, are all of the owners of that certain real property comprised of 62.81 acres, more or less, by deed of Record Book 1222, Page 367, Registers Office for Sumner County, Tennessee; and whereas, a part of the said 62.81 acres, more or less, has been developed and subdivided to create Island Brook (Subdivision), Phase 1 of record in Plat Book ____, Page ______, said Register's Office: and whereas, the said owners and developers intend to develop and create subsequent sections of the said Island Brook (Subdivision) from the remainder of the said 57.53 acres, more or less; we, the said owners and developers, do hereby declare that the following shall be and become the Restrictive Covenants for Island Brook (Subdivision), Phase 1, 1B and 2, and for all subsequently created phases of Island Brook (Subdivision), to become effective, as to each phase respectively, simultaneously with the recordation of a Plat for each such phase, with said Restrictive Covenants to run with the land and to be binding upon all parties who acquire any right, title or interest in or to the subject property; TO WIT:
ARTICLE ONE
DEFINITIONS
The definitions of words and terms herein shall be the same as set forth in the By Laws for the Island Brook Subdivision Homeowner's Association, Inc.
ARTICLE TWO
Architectural Control, Maintenance and Use Restrictions
1. Architectural Control: All dwelling improvements to be constructed upon any lot shall consist of single family residential dwellings with an attached minimum two car garage. Developer Danflor Development, LLC shall have sole and complete architectural control as to the design, style and nature of any structure, dwelling and/or building, fences and other improvements to be constructed and/or design, nature, composition and color of all building materials, square footage, location upon lot, landscaping, swimming pools, fences, driveways and sidewalks, location of garage and/or personnel doors, waste disposal facilities, and uniform mailboxes. Such architectural control shall remain vested in Danflor Development, LLC until the completion of construction on all lots in the Island Brook (Subdivision). In the event the ownership interest of Danflor Development, LLC in and to Island Brook (Subdivision) should be divested in full prior to the completion of construction on all said lots, the architectural control as hereinabove set out shall pass to and become vested in his successor in ownership as Developer. Upon the completion or original construction on all said lots, the authority for architectural control as hereinabove set out shall survive and thenceforth relate to maintenance, remodeling and re-construction and such authority shall pass to and become vested in the Island Brook Homeowners Association, Inc..
2. The Developer, the Association, and the individual members of the Association shall not be liable for any act or omission in performing or purporting to perform the functions, duties and responsibilities as indicate approval or disapproval of any lot owner's duly submitted and/or re-submitted, complete plans and specifications within thirty (30) days from the receipt thereof, as evidenced by written receipt signed by the Developer or Association, approval shall be deemed to have been granted by acquiescence and all requirements of these Restrictive Covenants shall be deemed to have been fully satisfied or waived as to such individual case. Approval or disapproval by Developer or Association shall not be deemed to constitute any warranty or representation, including without limitation, as to fitness, design, or adequacy of the proposed construction or compliance with applicable statutes, codes and regulations. Anything contained in this Article Two or elsewhere to the contrary notwithstanding, Developer and Association are hereby authorized and empowered, at their sole and absolute discretion, respectively, to make and permit reasonable modifications or deviations from any of the requirements of this Declaration relating to the type, kind, quantity or quality of the building materials to be used in the construction of any building or improvement on any lot and of the size and location of any such building or improvement when, in their respective sole and final judgement, the grant of such modifications and deviations will be in harmony with existing structures and will not materially detract from the aesthetic appearance of the Property and it's improvements as a whole, provided, however, all such modifications and deviations must remain subject to and in accordance with all applicable ordinances, requirements and regulations as established and pomulgated by the Planning Department, Department of Codes Administration, Fire Department, Health Department and other applicable civil and government authorities of the Sumner County, and state of Tennessee.
3. Structural Compliance: All improvements shall be constructed in compliance with the plans and specifications approved by the Developer or the Association. In the event any lot owner should proceed with construction without approval, the Developer or Association may petition a court of competent jurisdiction for an order to cease and desist in such un-approved construction and the lot owner shall be liable for all cost and expenses, including reasonable attorney's fees and court costs, which may arise by reason thereof.
4. Minimum square footage of heating living area for first (ground) floor of dwelling improvements shall not be less than:
a. Any one-story residence shall have a minimum of 2200 square feet of floor space, as measured from the exterior of the walls, devoted to the living area. Bonus room square footage must be in addition to the minimum square footage requirements for one-story requirements.
b. Any one and one half-story residence shall have a minimum of 1700 square feet of first floor space devoted to the living space. Entire home shall have a minimum of 2500 square feet of floor space dedicated to the living area.
c. Any full two story residence shall have a minimum of 1250 square feet of first floor space devoted to the living area and 1250 sq. ft. living space minimum for 2nd floor. The total living area of a two story residence shall have a minimum of 2500 square feet.
Notes: Basements shall not be counted as floors or stories. All one, one & one-half, and two story dwellings must have a minimum of a two car garage attached to the main dwelling, dwellings with a basement may have a minimum of a two car garage in basement.
5. No lot shall contain a garage that contains an entrance from the front, unless the lot will only accommodate such a garage, but this restriction against a front entrance does not imply that any other location that is not a front entrance shall automatically be approved. Garage location shall be approved in writing by the Architectural Committee.
6. All dwellings shall have masonry foundations with brick, stone, stucco or drivit to grade. The exterior walls, except a hereinafter specified, shall be a minimum of 100% brick, stone, stone veneer, stucco, or drivit construction.
7. Exterior trim (soffit, fascia, eaves, etc.) shall be of vinyl or aluminum only, in neutral colors only (white, beige, taupe, eggshell) unless otherwise approved in writing by the Architectural Committee.
8. The Architectural Committee reserves the right to allow wood or other synthetic material in dormers, bay windows, box windows or other similar areas on home.
9. All roofing materials are to be tri-dimensional minimum 25 year shingle in the colors of black, gray or weatherwood, unless otherwise approved in writing by the Architectural Committee.
10. All mailboxes in Island Brook (Subdivision) will be uniform wrought iron and uniform numbers as specified by the Architectural Committee.
11. No house plan or similar house plan may repeat within a 10 lot section. This extends from either side of the house, across the street, or on visible streets bordering the property to the rear.
12. Trash maintenance and lawn care for Island Brook (Subdivision) will be contracted annually by the Island Brook Homeowners' Association.
13. (1) Pin Oak tree and (1) Dogwood tree, a minimum of 3" in diameter at the base, are to be planted on the front of the lot between the sidewalk and the street. Placement of trees will be specified in writing by the Architectural Committee.
14. Setback Line Restrictions: No building or structure, or any part thereof, may be located on any lot nearer to the front, side or rear property lines than the minimum building setback lines set forth on the plan of record or as required by local authorities.
15. Swimming Pools: Inground swimming pools shall be allowed on lots that will accommodate such pools, and must be approved by the Developer or the Association, shall be located at the rear of the dwelling, must have a perimeter enclosure, and be subject to architectural control as set forth herein.
16. Storage Tanks and Refusal Disposal: No exposed ground tanks or receptacles shall be permitted for the storage of fuel, water, or any other substance, except for household garbage and refuse resulting from normal daily living and of a nature which is satisfactory for pickup by the contractor employed by the Developer or the Island Brook Homeowner's Association, Inc. All household garbage and refuse receptacles shall be concealed from view of neighboring lots, roads, streets, open areas, and subject to architectural control as set forth herein. No incinerators shall be permitted.
17. Sidewalks, Walkways, Driveways, and Turnarounds:
a. Public sidewalks, located within applicable easements or rights of way as set forth on the plan of record shall be constructed in accordance with specification as set forth by the Developer at the expense of the lot owner immediately upon the completion of each dwelling improvement. The sidewalks shall be brown exposed aggregate concrete with a clear sealant.
b. Private sidewalks, walkways, driveways, and turnarounds shall be constructed of brown exposed aggregate concrete with clear sealant, or alternate type finish subject to approval of Developer, at the expense of each lot owner immediately upon the completion of each dwelling improvement and subject to architectural control as set forth herein. Homeowner is responsible for damage to sidewalk, curbs, culverts or other on site improvements that might be damaged during construction.
18. Underground Utilities: All utilities, together with such cables, wires, pipes, conduits, as may be appurtenant thereto, shall be underground.
19. Fences: Fences shall be located at the rear of the dwelling, and be constructed of brick, stone, stone veneer, stucco, or drivit construction, to match the residence, or wrought iron, or as approved by the Developer or the Association.
20. Clothes Lines: Outside clothes lines shall not be permitted.
21. Signs and Advertisements: No sign, advertisement, billboard or advertising structure of any kind shall be erected upon or displayed or otherwise exposed to view on any lot or any improvement thereon without the prior written consent of the Developer or the Association; provided that this requirement shall not preclude the installation by the Developer or signs identifying the entire residential development and provided further that this requirement shall not preclude the placement by owners of "For Sale" signs, in front of the individual residences, of such size, character and number as shall from time to time be approved by the Developer or the Association. The Developer or the Association shall have the right to remove any unapproved sign, advertisement, billboard or structure that is placed upon any lot and, in doing so, shall not be subject to any liability for trespass or other tort in connection therewith or arising therefrom.
22. Use of Temporary Structures: No structure of a temporary character, mobile home, camper, trailer, basement, tent, shack, garage, barn, or other outbuilding shall be erected, moved on to any Lot, and/or used at any time as a residence, nor shall any residence of temporary character be permitted. No structure of any kind except a dwelling house may be occupied as a residence, and the outside of any building so occupied must be completed before occupancy, including landscaping, except as to landscaping, in such cases specifically approved by Developer or Association and then only when an escrow for funds in an amount equal to one and one-half times the amount estimated as being necessary to complete such landscaping has been established with funds provided by the Owner in order to assure completion; in each case, a time period for completion shall be set forth, at the sole discretion of the Developer of Association and, upon expiration of such time period, the Developer or Association shall be (and is hereby) authorized, without liability or recourse, to expend such escrow funds as may be necessary, at the sole discretion of the Developer or Association, to the effect the completion, with the surplus of any escrow funds, less costs incurred, to be refunded to the Owner. Said escrow funds may be held and administered by the Developer, the Association, the Owner's mortgage lender, or a third party escrow agent, as may be required in each case. No residence shall be built upon any Lot unless it conforms to and is in harmony with the existing structures or plans for proposed structures which have been approved by the Developer or Association and not more than one residence may be maintained upon any Lot at time. Temporary structures may be utilized for construction and sales offices during the construction and initial sales period. Any such temporary construction and/or sales office structures must be approved by the Developer or Association and must be removed immediately upon completion of such construction and sales, respectively, and shall, in any event, be subject to removal at the sold discretion of the Developer or Association.
23. Storage of Automobiles, Boats, Trailers, and other vehicles: No trailers, boat trailers, travel/camping trailers, inoperative or unlicensed automobiles or motor homes shall be parked or stored, in the public street right-of-way or forward of the front building set-back line. Storage of such items and vehicles must be screened from public view, either within the garage or behind a fence or screen type structure and subject to the approval of the Developer or Association. No tractor trailers, buses, or other commercial type vehicles shall be parked or stored on driveways or in the public street right-of-way, with exception for private or commercial moving vans and other vehicles when actually engaged in loading or unloading pursuant to moving an Owner in and out of the property and/or when engaged in loading or unloading pursuant to delivering or removing furniture, appliances and the Owner's personal property to and from the property.
24. Type and Location of Antenna: No electric antenna or devise of any type other than antenna for receiving normal television signals shall be erected, constructed, placed or permitted to remain upon and Lot, house or building. Television antenna (including but not limited to cable and/or satellite dishes) must be located to the rear of the roof ridge line or centerline of the principle dwelling. Free standing antenna (including but not limited to cable and/or satellite dishes) must be attached to and located behind the rear wall of the main residential structure. No antenna, either free standing or attached, shall be permitted to extend more than ten feet above the roof of the main residential structure.
25. Window Units: All supplements to the central air conditioning and or heating systems must be installed and maintained in the rear of the dwelling and screened in such a manner so as not to be seen from the front public street right-of-way.
26. Recreational Equipment: All playground and recreational equipment must be used, erected, placed and maintained to the rear of all Lots. No playground or recreational equipment shall be installed in such manner as to be seen from the front public street right-of-way.
27. Oil and Mining Operations: No oil drilling, oil development operations, oil refining, quarrying or mining operations shall be permitted upon any Lot, nor shall oil wells, tunnels, mineral excavations, or shafts be permitted upon any Lot. No derrick or other tanks, structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon any Lot.
28. Maintenance: All Lots, together with the exterior of all improvements located thereupon, shall be maintained in a neat and attractive condition by their respective Owners or occupants. Such maintenance shall include, but not limited to, painting, repairing, replacing and caring for roofs, gutters, downspouts, building surfaces, patios, walkways, driveways, and other exterior improvements. The owner or occupant of each Lot shall at all times keep grass, trees and shrubbery cut and/or pruned in an attractive manner. No Lot shall be used for storage of material and/or equipment, except for normal and reasonable residential requirements, or incident to the construction and/or repair of improvements. The accumulation or burning of garbage, trash, or rubbish of any kind is strictly prohibited. In the event of default on the part of the Owner or occupant of any Lot in observing the aforesaid maintenance requirements, such default continuing after ten days written notice thereof, the Developer or Association, or their respective appointed agent and/or contractor, may enter upon the Lot to repair, maintain, and restore such items as may be required to achieve compliance herewith, and when doing so in good faith shall not be subject to any liability for trespass or otherwise; any and all cost incurred by such action shall be charged against the Owner and become enforceable and collectable as a lien against the title to said Lot in the same manner and to the same extent as association dues or a common area maintenance assessment. The Developer or Association shall contract with the appropriate contractor(s) for maintenance of the common areas including, but not limited to, lawn and landscape maintenance, utilities and insurance, and such costs and expenses shall be paid by the Association with revenue from association dues and assessments.
29. Damage, Destruction, and Maintenance: In the event of damage or destruction to any improvements located upon the property, the respective Owner thereof shall promptly, subject to release by local authorities and Owner's insurance carrier, as my be appropriate, clear the property of any debris and maintain the property in a safe and neat manner. Subject to, within sixty days, approval by local authorities and subject to insurance settlement, the Owner shall commence to rebuild and/or repair the property improvements subject to architectural control authority vested in the Developer or the Association.
30. Use of the Premises: Each Lot shall be used only for private, single family residential purposes except that the Developer may, during the initial construction period and so long as Developer owns an interest in the property, maintain construction and sales offices, and sales and advertising displays and signs upon the property to facilitate the construction and sales of the Island Brook (Subdivision) Property. At the Developer's sole discretion, the privilege of maintaining such construction offices may be extended to other contractors when employed by a Lot Owner pursuant to the initial construction of property improvements.
31. Animals and Pets: No animals, livestock or poultry of any kind shall be kept, raised, bred, pastured or maintained on any Lot except for household pets such as dogs and cats which may be kept, a maximum of two dogs and/or two cats, for the sole pleasure of the Owner of occupant. In no instance may any such animals be raised or kept for commercial purposes. No animals shall be domiciled outside and no animal facilities such as fences, runs, pens, or kennels shall be erected or maintained upon the property. No animals shall be permitted to run at large and all Owners shall abide by local leash laws.
32. Nuisances, Conduct and Unsightly Materials: No house or structure on any Lot may be used for any business or commercial purpose. Each Owner and occupant shall refrain from any conduct that could cause or result in embarrassment, discomfort, annoyance or nuisance to others. No noxious, offensive or illegal activity shall be permitted. No motorcycle, motor scooter, motor bike, or any unlicensed vehicle of any kind or nature shall be permitted to be operated in or upon the common areas. No Lot shall be used, in whole or in part, for the storage of rubbish of any character whatsoever; nor shall any substance, or material be kept or operated upon any Lot which will emit a foul or noxious odor or which will make any noise of such a level to disturb the peace and quiet of the adjoining and surrounding Lots and or Owners. The foregoing shall not be construed to prohibit the temporary deposits of household garbage, trash or other debris, in approved containers, for normal pickup and removal by city appointed trash removal contractors.
33. Hobbies and Activities: The pursuit of any inherently dangerous activity or hobby, including without limitation, the assembly and dis-assembly of motor vehicles and other mechanical devices, the discharge of firearms, BB-guns, pellet guns or fireworks, shall not be allowed upon any Lot or upon the common areas without the express written consent of the Developer or the Association and subject to all applicable local laws and ordinances.
34. Obstruction of Public Streets: No plant, tree, motor vehicle or structure of any kind or nature shall be permitted to create any visual or line of sight obstruction or safety hazard to the normal flow of traffic within Island Brook Subdivision. No motor vehicles shall be permitted to park on any street within Island Brook Subdivision.
35. Conflicts, Ambiguities and Governmental Restrictions: Each Owner shall observe and comply with all governmental building codes, health regulations, zoning restrictions, and all other regulations applicable to each Lot and the use and enjoyment thereof. In the event of any conflict or ambiguity in or between such governmental regulations and these Restrictive Covenants, the more restrictive provision shall apply.
ARTICLE THREE
Common Area Property Rights
1. The title to the common areas shall be vested in the Association.
2. Each Owner, by virtue of membership in the Association, shall have a non-exclusive right for the use and enjoyment of the common areas, subject to the provisions of this Declaration and to the Charter, By-Laws, rules and regulations of the Association.
3. The Association shall have the right to limit the use of the common areas to Owners and occupants, their families and guest, and to regulate the use of the common areas.
4. The Association shall have the right to suspend the voting privileges and right to use the common areas of any Lot Owner or occupant in the event the Association dues and/or assessments for the Lot become delinquent.
5. The Association shall have the right to dedicate or transfer all or part of the common areas to any public agency, authority or utility for such purposes and subject to such conditions as my be agreed upon by the members, provided that no such dedication or transfer shall be effective unless the members entitled to cast at least 75% of the votes agree to such dedication or transfer and signify their agreement by a signed and recorded written document, and provided that this paragraph shall not preclude the Board of Directors of the Association from granting easements for the installation and maintenance of electrical, telephone, cable-vision, water and sewerage, utilities and drainage facilities, upon, over, under, and across the common areas without the consent of the membership when such easements are requisite for the convenient use and enjoyment of the property.
ARTICLE FOUR
Easements
1. The Lots and Common Areas of the Property shall be subject to all easements, setback lines and other matters as set out on the recorded Plats.
2. An easement is hereby reserved for the Developer over and across from the common areas for purposes of access, ingress and egress, to and from the Lots during the development and construction.
3. An easement is hereby reserved over and across the Property for all policemen and/or security guards when employed by the Developer or by the Association, and also for employees of utility companies, emergency personnel, firemen, paramedics, and policemen, as my be necessary in the performance of their respective duties.
ARTICLE FIVE
Annexation
1. Additional residential property and/or common areas may be annexed to the Property from time to time by recorded Plat at the sole discretion of the Developer.
ARTICLE SIX
Conflict
1. In the event of any conflict between the provisions of this Declaration and the By Laws of the Island Brook Homeowner's Association, Inc., the provisions of this Declaration shall control and prevail.
ARTICLE SEVEN
General Provisions
1. Until such time as the Island Brook Homeowners Association, Inc. is duly formed and the Board of Directors is elected, the Developer shall exercise all the powers, rights, duties, and functions of the Association and Board of Directors.
2. This Declaration shall be construed as covenants running with the land and shall remain in full force and effect for twenty-one years from the date hereof, and shall be automatically extended for successive periods of ten years thereafter subject to amendment or revocation by the Developer and/or no less than a two-thirds vote of the property owners (one vote per Lot) as set out in paragraph 3 below.
3. The provisions of this Declaration may be amended by the Developer without the joinder of any Lot owner or owners for a period of three years from the date hereof, and thereafter by recorded agreement signed by no less than two-thirds of the Lot Owners (one vote per Lot).
4. If any Owner or third party should violate any of these restrictions, it shall be lawful for any Owner to bring action against violating party, at law or in equity, to provide and appropriate remedy for such violation and to recover damages, reasonable attorney's fees and court costs which may arise by reason thereof. The provisions of this paragraph are in addition to and separate from the right vested in the Association to collect assessments or otherwise. The failure of the Developer or an Owner to enforce these restrictions in any instance shall not be deemed as a waiver of the right to do so at a later date or in another instance.
5. Invalidation of any one or more of these restrictions by judgement or court order shall not affect any of the other provisions not expressly held to be void or unenforceable, nor the provisions so held to be void or unenforceable in other circumstances or applications, and all such remaining provisions ruled upon as they may apply to other circumstances.
In witness whereof, the undersigned have executed this Declaration of Restrictive Covenants on this the 16th day of October, 2001.
Lori D. Atchley
Floyd K. Wilkinson
STATE OF TENNESSEE COUNTY OF SUMNER
Personally appeared before me, Lori D. Atchley and Floyd K. Wilkinson, the bargainors, with whom I am personally acquainted, or who proved to me based upon satisfactory evidence to be the persons, and who acknowledged the they executed the within instrument as their free act and deed for the purposes therein contained. Witness my hand and official seal, at office, this 16th day of October, 2001.
_________________________________ Donna K. Alsup Notary Public
My Commission Expires: ________________
FIRST AMENDMENT TO DECLARATION OF RESTRICTIVE COVENANTS
FOR ISLAND BROOK SUBDIVISION
ALL PHASES
This First Amendment to the Declaration of Restrictive Covenants for Island Brook Subdivision, All Phases, is made on October 14, 2004 by Danflor Development, LLC, a Tennessee limited liability company ("Developer").
RECITALS
1. Certain real property in Sumner County, Tennessee is being developed by Developer as a residential subdivision known as Island Brook Subdivision. That property is subject to a Declaration of Restrictive Covenants for Island Brook, All Phases dated October 16, 2001, of record in Book 1411, Page 217, in the office of the Register of Deeds for Sumner County, Tennessee (the "Declaration").
2. Pursuant to Article Seven, paragraph 3 of the Declaration, Developer specifically reserved the right to amend the Declaration without the joinder of any Lot owner or owners for a period of three years from the date of the Declaration.
3. Developer desires to amend the Declaration to define the classes of Membership held by the members of the Island Brook Homeowners’ Association, as well as establish the termination conditions and time for the Class B Members.
NOW, THEREFORE, Developer does hereby amend the Declaration as follows:
1. Amendments.
(a) Article One of the Declaration is amended to read in its entirety as follows:
Except as specifically provided under this Article One, the definitions of words and terms herein shall be the same as set forth in the By-laws for the Island Brook Homeowners’ Association, Inc. For all matters relating to this Declaration and the By-laws of Island Brook Homeowners’ Association, Inc., the following definition shall apply:
"Class A Membership" shall mean that membership in the Island Brook Homeowners’ Association held by those owning property within the Island Brook Subdivision, who are not Class B Members as defined herein.
"Class B Membership" shall mean that membership in the Island Brook Homeowners’ Association held by the three members of the Danflor Development, LLC, more specifically identified as, Dan Carlyle, Floyd K. Wilkinson and Lori D. Atchley.
"Developer" shall mean Danflor Development, LLC, a Tennessee limited liability company, its successors and assigns.
(b) Article Seven, paragraph 1 of the declaration is amended to read in its entirety as follows:
Until such time as the Island Brook Homeowners’ Association, Inc. is duly formed and the Board of Directors is elected, the Developer shall exercise all the powers, rights, duties and functions of the Association and Board of Directors. Upon formation of the Island Brook Homeowners’ Association, the Board of Directors shall consist of Class B Members of the Island Brook Homeowners’ Association until such time as 122 of the lots in all phases of Island Brook Subdivision have been sold by the Developer to individual homeowners, at which time the membership of Class B Members will terminate and the Board shall be elected pursuant to the applicable provisions of the By-laws of Island Brook Homeowners’ Association, Inc.
(c) Article Seven, paragraph 4 of the Declaration is amended to read in its entirety as follows:
If any Owner of third party should violate any of these restrictions, it shall be lawful for any Owner to bring action against violating party, at law in equity, to provide an appropriate remedy for such violation and to recover damages, reasonable attorney’s fees and court costs which may arise thereof. Additionally, the Island Brook Homeowners’ Association, through its Board of Directors may enforce any provisions of the Declaration in the same manner as an Owner.
2. Ratification. In all other respects, Developer ratifies and affirms all of the covenants, conditions and restrictions contained in Declaration.
Witness the signatures of the Developer, by its duly authorized member as of the date first set forth above.
Danflor Development, LLC
By: Lori D. Atchley
By: Floyd K. Wilkinson
