KNOW ALL MEN BY THESE PRESENTS, that the undersigned, ORMOND DEVELOPMENT CORPORATION, a Florida corporation (Declarant), the owner and developer of certain real property located in Volusia County, Florida as described herein, does hereby execute this Declaration covering said real property. The terms “Lot(s)” and “Land” when used herein shall mean and refer to any of the individual parcels of real property in Seabridge South, according to the plat thereof as recorded in Plat Book 37, Page 160, Public Records of Volusia County, Florida, as further described on Exhibit “A” attached hereto and made a part hereof. This Declaration of Restrictions shall constitute Covenants running with the Land and shall be binding upon the undersigned and upon all persons acquiring title through the undersigned These restrictions, during their lifetime, shall be for the benefit of and a limitation upon all present and future owners of the real property encumbered hereby

1. No Lot shall be used except for residential purposes. No building shall be erected, altered, placed or permitted to remain on any Lot other than a single-family dwelling not to exceed two stories in height and having a garage for at least one or two cars as provided herein. This provision shall not prohibit any detached recreational structure incidental to residential Lots. No garages shall be converted into other uses, except as to the activities of the Declarant or its successors or assigns during its construction and/or sales program.
2. No building or other structure shall be constructed, erected, placed or altered upon any Lot unless and until the final construction plans and specifications therefor (consisting of floor plans and elevations), a site plan showing the location of the house, driveway, walks, and other structures on the Lot, and landscape plan have been approved by the Declarant or its successors, as to the nature and quality of materials, harmony of external design with existing structures, location with respect to topography, finished grade elevation, and considerations based solely on aesthetic factors. Construction shall substantially adhere to the foregoing as approved by Declarant
3. No dwelling shall be constructed on any Lot in violation of any building or setback requirement of any governmental agency having jurisdiction thereof. All single family homes shall have a minimum living area of 1,000 square feet. In addition to the 1,000 square feet of living area for each single family dwelling, each such unit shall have an attached, enclosed garage sufficient in size for at least one car, except if a garage for two or more cars is required herein. All homes located or to be located on Lots contiguous to John Anderson Drive shall contain not less than 1.600 square feet of enclosed living area plus an enclosed garage for at least two cars. All two story residences shall contain not less than 1,400 square feet of enclosed living area (or not less than 1,600 square feet of enclosed living area for Lots contiguous to John Anderson Drive) plus an attached, enclosed garage for at least two cars. in case of a two story dwelling, the ground floor shall contain a minimum of 500 square feet of living area, excluding the garage.
4. No structure of a temporary character, trailer, mobile home, tent, shack. or other outbuilding shall be used on any Lot at any time as a residence, either temporarily or permanently, regardless of how such structure may be placed upon or affixed to the land, except for the Declarant or its successors or assigns, during construction and sales. No metal sheds or other metal outbuildings shall be placed on any Lot unless approved in writing by Declarant
5. Exterior colors of all buildings on Lots shall be either earth tones or other sedate colors. No building exteriors shall have pastel or other bright Min
6. No noxious or offensive activity shall be carried on upon any Lot or other land depicted on the Plat of Seabridge South, nor shall anything be done thereon that may become an annoyance or nuisance to the neighborhood
7. No automobile, truck, boat, trailer house-trailer, mobile home, camper, or other similar vehicle shall be parked on the street (including the right-of-way thereof) overnight or on any Lot for a continuous period of time in excess of ten (10) consecutive hours, except as to the activities of the Declarant or its successors or assigns during its constructor) and/or sales activities.
8. No boat, boat and trailer, house trailer, camper, or similar vehicle shall be parked (for any period of time in excess of ten (10) consecutive hours, in any event never over night) or stored or otherwise permitted to remain on any Lot or upon the streets, rights-of-way, or other Land depicted on the Plat of Seabridge South, except in an approved boathouse or garage No automobile, truck or other commercial vehicle which contains lettering or advertising thereon or which is identified with a business or commercial activity shall be parked (for any period of time in excess of three (3) consecutive hours) a stored or otherwise permitted to remain on any Lot, except in a garage. The provisions of this paragraph shall not apply to the Declarant or its successors or assigns during its construction and/or sales activities.
9. No animals, livestock or poultry of any kind shall be raised, bred or kept on any Lot for comma dal purposes. A maximum of two (2) dogs or cats or other household pets may be kept, provided that they are not kept, bred or maintained for any commercial purpose. No animals are permitted to roam at large.
10. No sign of any kind shall be displayed to the public view on any Lot except one (1) professional sign of not more than two (2) square feet advertising the premises for sale or rent. This provision shall not apply to Declarant or its successors or assigns as long as it is the owner of any Lots covered by this Declaration. No reflective foil or other similar material shall be permitted on any windows in any structure upon any Lot
11. Each owner of EA Lot shall maintain his Lot and improvements thereon, if any, in an attractive and neat condition at all times, and shall periodically and as reasonably necessary, have the lawn mowed, edged, fertilized and watered and shall keep the lawn free of weeds and other noxious vegetation.
12. No Lot or other area depicted on the That of Seabridge South, shall be used or maintained as a dumping ground for rubbish, trash, garbage, Of other waste. All such land shall be kept free of the accumulation of rubbish, trash, garbage or other solid waste materials and all unsightly weeds and under-brush. All incinerators ix other equipment used for the collection, storage or disposal of solid waste materials shall be kept in a clean and sanitary condition.
    1. During construction of any residence on any of the Land, all trash and debris shall be confined to a limited area and immediately removed from the Land upon completion. If trash and debris are not so removed, the Declarant reserves the right to remove the same at the cost and expense of the person responsible for creating the situation.
    2. Upon completion of construction of any residence on a Lot the entire yard area shall be grassed with sod and landscaped with plants at least eighteen (18) inches in height. All street right-of-way areas contiguous to each Lot shall be grassed with sod by the Owner of the Lot contiguous thereto. A minimum o twelve (12) plants shall be placed along front of all dwellings with at least two (2) trees tour feet (4′) or higher, and a minimum of six (6) additional plants shall be placed along the street side of dwellings on corner Lots with at least one tree of four feet (41 in height. All planting and sodding, including right-of-way, shall be maintained by the Owner so it thrives and enhances The appearance of the community
    3. Declarant has the right, in its sole discretion, to grant variances from the requirements of this subparagraph. Any such variance shall be in writing and signed by the Declarant and may be recorded in the public records of Volusia County, Florida
13. No fence shall bf) fabricated, constructed or built of any material other than wood, brick, stone or masonry. No wall, fence or hedge over six (6) feet in height shall be erected, placed, altered, maintained, or permitted to remain on any Lot. No fence or wall shall be erected, placed or altered on any Lot nearer to any street than the minimum building setback line except for Lots contiguous to State Highway Al A, if any. However, no wall or fence shall be erected, placed, or altered on any Lot unless the structure has been approved in writing by the Declarant or its successors before installation. The provisions of this paragraph as to fences are in addition to any requirements and restrictions of governmental agencies and zoning regulations or ordinances which may be more or less restrictive than this paragraph.
14. No discharge, overflow or accumulation of sewage affluent from boats, recreational vehicles or motor home storage tanks or other similar containers shall be allowed a Lot anywhere in the Seabridge South Subdivision.
15. Shore Utility Corp., or its successors or assigns has the sole and exclusive right to provide all „sewage facilities and related services to the property covered by this Declaration or any amendment or supplements thereto. All Owners of-Land shalt receive their sewage services from Shore Utility Corp., or its successors or assigns, and shall pay for the same in accordance with the terms and conditions of said corporation for so long as the corporation or its successors or assigns provides said services.
16. Easements for installation and maintenance of utilities and drainage facilities are reserved as shown on the recorded plat of Seabridge South. Within these easements, no structure, planting or other material shall be placed or permitted to remain that may damage or interfere with the installation and maintenance of utilities, change the direction of flow of drainage channels in the easements or obstruct or retard the flow of water through drainage channels in the easements unless authorized writing by the necessary authorities, such as a city, county or state agency. The easement area of each Lot and all improvements in it shall be maintained continuously by the Owner of the Lot, except for those improvements for which public authority or utility company is responsible. Drainage swales and retention areas contiguous to each Lot, if any, are part of the overall drainage plan for. Seabridge South. In the event any drainage swales or retention areas are damaged, altered or otherwise disturbed during construction of any residence or otherwise, it shall be the responsibility of the Lot Owner owning the Lot upon which such construction is taking place or other person causing such damage, alteration or disturbance to take immediate and appropriate corrective action, at his own cost and expense, to restore the drainage swales and. retention areas to their original condition.
17. In the event the Owner of any Lot fails to perform any maintenance, duty or other requirement imposed upon him hereunder, or inadequately performs or breaches any term hereof so as to be in violation of this Declaration, the Declarant or its successors or assigns may remedy such defect at the sole cost and expense of the defaulting Owner of the Lot if not paid within twenty (20) days of billing, such amount shall be a lien on the Owner’s real property together with interest at the highest rate permitted by law, and attorney’s fees and assts. Declarant or its successors or assigns may file a claim of lien form among the public records of Volusia County Florida to evidence therein. Persons purchasing any Lot shall be entitled to rely on such record notice for determining whether or not any lien exists.
18. Declarant or its successors or assigns may designate a representative to act for it in connection with reviewing and approving or rejecting any construction plans and specifications or granting any approvals required hereunder. Any approvals or disapprovals as required by these covenants shall be in writing. In the event the Declarant, its successors or assigns its designated representative, fails to approve or disapprove of any plans, specifications and site plans within thirty (30) days after such submission, and if no action to enjoin the construction has been commenced prior to the end of the thirty day period approval shall not be required and the related covenants shall deemed to have been complied with fully as to the particular plans and specifications submitted.
19. There is hereby reserved to Declarant and its successors and assigns an easement upon, across, over through and under the Land for ingress and egress in order to install, maintain and correct surface water drainage, including the right to cut trees or bushes, make grade changes or take any other action reasonably necessary, provided the affected property shall be restored as nearly as possible to its original condition. This easement shall be for a period of five (5) years from the conveyance of the first Lot from, Declarant to any grantee; provided, however, that if Seabridge South is developed in discrete sections or in discrete phases, this easement shall be for a period of five (5) years of the conveyance of the first Lot in each such discrete section or phase.
20. Declarant or its successors or assigns may subject additional real property owned by it to the provisions of this Declaration by executing and recording among the Public Records of Volusia County, Florida, one or more supplemental Declarations.

STATE OF FLORIDA
COUNTY OF DADE
I HEREBY CERTIFY that on this day betty’) me, an officer duty authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared Eugene M. Lipman and Dennis M. Solomon, to me known to be the persons described in and who executed the foregoing instrument as St Vice President and Secretary, respectively, of the corporation named therein, and executed the same as such officers in the name and on behalf of said corporation.

Witness my hand and official seal in the County Ind State last aforesaid this 15th day of July, 1981.

Is/ Ruth M. Rose
Notary Public State of Florida
My Commission Expires: 11-16-81

EXHIBIT “A” TO DECLARATION OF RESTRICTIONS FOR SEABRIDGE SOUTH

LEGAL DESCRIPTION

Lots 1 through 114, inclusive of Seabridge South, according to the Plat thereof, recorded in Plat Book 37, Page 160, Public Records of Volusia County, Florida.

This Instrument Prepared By:
Dennis M. Solomon, Esq.
1440 79th Street Causeway
North Bay Village, Florida 33141
Recorded in the Official Records Book 2284; Page 0424, Public Records of Volusia County, Florida