THESE BUILDING AND USE RESTRICTIONS, 2003, by FLOREY'S RANCH DEVELOPMENT, INC., a Michigan corporation of 3471 146th Avenue, Zeeland, Michigan 49464 (hereinafter referred to as the "Owner").

WHEREAS, the Owner is the owner of certain real property located in the Township of Grant, County of Grand Traverse and State of Michigan, more accurately described on the attached Exhibit "A" which is incorporated herein by reference (hereinafter referred to as "FLOREY'S REANCH ESTATES SOUTH", "Parcels 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, and 19" or "Lots" collectively and individually as a "Lot"): and

WHEREAS, the Owner desires to impose certain Building and Use restrictions upon said premises for the benefit of all who may from time to time become the owners thereof and to make sales of land subject to such restrictions, whether or not the same shall be expressly set forth in the conveyances evidencing such sales.

NOW, THEREFORE, in consideration of the premises and the rights reserved herein, the undersigned hereby places and imposes upon Parcels 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, and 19 the following restrictions which shall run with the land and shall bind and inure to the benefit of the undersigned and its successors and assigns, and their respective heirs, successors and assigns:

• 1. THE FOREGOING RECITALS are incorporated herein by reference.
• 2. Architectural Control Committee
  • 2.1 An Architectural Control Committee shall be established by the Owner and shall at all times consist of the Owner and one or more persons appointed by the Owner, until such time as the Owner elects not to serve, then a majority of the owners of the Lots shall appoint three such members; all members appointed by the Lot owners shall be owners of a Lot or Lots in Florey's Ranch Estates South. The Architectural Control Committee shall assist Lot owners in complying with the development restrictions set forth herein.
  • 2.2 Except as otherwise provided herein, a majority of the members of the Committee shall have the power to act on behalf of the Committee without the necessity of a meeting and without the necessity of consulting the remaining members of the Committee. The Committee may act only by written instrument setting forth the action taken and signed by the members of the Committee consenting to such action, provided further, however, that the Owner's consent shall be required for all Committee action, until such time as the Owner elects not to serve on the Committee.
• 3. Architectural Control Committee Approval
  • 3.1 No Lot owner shall construct, alter, or maintain any improvements on a Lot until all of the following have been completed.
    • (a) The Lot owner has submitted to the Committee two complete sets of preliminary sketches showing floor plans, exterior elevations, deck and/or patio sizes, if applicable, and an outline specification for materials and finishes.
    • (b) The committee has approved the preliminary sketches.
    • (c) Upon approval of preliminary sketches, the Lot owner has submitted to the Committee two complete sets of plans and specifications therefor, in a form satisfactory to the Committee, showing insofar as is appropriate:
      • (1) The size, dimensions and style of the improvementss, including, by way of illustration and not limitation, the dwelling, the garage and any permitted outbuildings (storage facilites, gazebos, etc.);
      • (2) The exterior design and building materials;
      • (3) The exterior color scheme;
      • (4) The approximate location of the improvements on the Lot, including, by way of illustration and not limitation, the dwelling, the garage, and any permitted outbuildings (storage facilities, gazebos, etc.); and
      • (5) The approximate location of the driveways, parking areas and landscaping (including location and construction of all fences or walls, recreational facilities, and utilities).
    • (d) Such plans and specifications have been approved in writing by the Committee.
      
      Approval of the plans and specifications described above may be withheld, not only because of the non-compliance with any of the restrictions and conditions contained herein, but also because of the reasonable dissatisfaction of the Committee as to the location of the structure on the Lot, color scheme, finish, design, proportions, shape, height, type or appropriateness of the proposed improvement or alteration, the materials used therein, the kind, shape or type of roof proposed to be placed thereon, or because of its reasonable dissatisfaction with any matters or things which, in the reasonable judgment of the Committee, would render the proposed improvement inharmonious or out of keeping with the objectives of the Owner or the improvements erected in the immediate vicinity of the Lot. The Committee shall have the authority to conduct periodic site inspections to insure compliance with previously approved plans and specifications, as well as with construction agreements. The Committee shall submit written notice to an owner of any and all instances of noncompliance.
  • 3.2 If at any time a Lot owner shall have submitted to the Committee plans and specifications in accordance with this section for a structure or alteration, and the Committee has neither approved such plans and specifications within thirty (30) days from the date of submission nor notified the Lot owner of its objection with such 30 day period, then such plans and specifications shall be deemed to have been approved by the Committee. In the event that a Lot owner shall file revised plans and specifications for a structure or alteration with the Committee after receiving objections from the Committee with respect to original plans and specifications, and the Committee has neither approved them nor notified the Lot owner of further objections within thirty (30) days from the date of submission, then such revised plans and specifications shall be deemed to have been approved by the Committee.
• 4. Character of Building
  • 4.1 The Owner recognizes that there can be an infinite number of concepts and ideas for the development of Lots consistent with its plan for Florey's Ranch Estates South. The Owner wishes to encourage the formulation of new or innovative concepts and ideas. Nevertheless, for the protection of all Lot owners, and for the preservation of the Owner's concept for the development of the area, the Owner wishes to make certain that any development of a Lot will be consistent with its plan for Florey's Ranch Estates South, including the following:
    • (a) No building shall be erected on any Lot except a single, private dwelling to be occupied by not more than one (1) family, for residential purposes only, with an attached two (2) or more car garage, and with or without a permitted outbuilding; specific outbuildings may or may not be permitted at the sole discretion of the Committee.
    • (b) Each dwelling constructed on a Lot shall have a minimum of 1,450 square feet of finished living area, excluding any garage, basement (unless such area complies with the BOCA requirements for living area), porch, breezeway, or entranceway, as determined by the provisions of the most current BOCA National Building Code. As to one and one-half (1½) or two (2) story dewellings, the ground floor (above grade) of such dwellings must have a minimum of 850 square feet.
    • (d) Mobile homes, double-wide mobile homes, any other factory built structures which have metal frames or titles (whether referred to as "modular" or not) shall not be permitted. No trailers, motor homes, mobile homes, basement homes, tents, shacks, garages, barns or other outbuildings shall be utilized as a residence on a temporary or permanent basis. Factory stick-built BOCA modular or panelized structures constructed with conventional building materials may be permitted at the sole discretion of the Committee.
    • (e) All exterior will be rustic in appearance, composed only of natural wood (with redwood, cedar, or logs preferred), bricks and/or stone; the use of vinyl siding may be permitted with the prior written approval of the Committee. Colors will be natural, rustic, earth-tone hues with flat finishes preferred.
    • (f) All roofing materials shall be high quality and be natural colored. The minumum roof pitch shall exceed 6/12 pitch.
    • (g) Windows, all window frames, casings, sills and lentils will be of wood, vinyl or aluminum clad (painted).
    • (h) All construction materials shall satisfy all applicable building code requirements.
    • (i) All garages and any outbuilding must be architecturally related to the dwelling and constructed only of materials permitted for the construction of residences. Outbuildings must match the overall color scheme of the buildings and may not have metal exteriors.
• 5. Construction
  • 5.1 The living area of any dwelling (including porches and decks for the purposes of this section 5.1 only), the attached garage and any permitted outbuilding shall comply with the applicable zoning ordinance setback requirements. The Committee has the right to require larger and/or different front, side and/or rear setbacks on individual Lots so as to preserve the views of adjacent parcels and so as to create a pleasing appearance from the public and/or private access roadways. No structures, improvements (except driveways, decorative fencing and septic systems) or storage (including firewood) will be permitted in any of the setback areas.
  • 5.2 All stumps, trees and brush, cut or cleared to provide for dwelling and/or driveway construction, must be removed from the Lot, except timber cut and saved for firewood, within one (1) month of the commencement of clearing activity.
  • 5.3 The exterior of any improvement shall not remain incomplete for a period of longer than six (6) months from the date upon which the construction of the improvement was commenced without the approval of the committee prior to the expiration of said period, and all construction shall be pursued diligently to completion. No dwelling shall be occupied until a final Certificate of Occupancy permit has been received for that dwelling. Construction of a dwelling shall be commenced only prior to or together with the construction of the attached garage. Outbuildings may be constructed prior to the dwelling provided that construction of the dwelling is completed within 18 months of the commencement of construction of the outbuilding.
  • 5.4 All land cuts caused by driveway installation or home construction must be stabilized in accordance with applicable permits.
  • 5.5 Each Lot owner shall be responsible for any damage to the private access roadway(s), the public roadway and any adjacent Lot(s) or its improvements which occurs as a result of construction on the owner's Lot and all such damage shall be repaired within thirty (30) days of occurrence by the responsible Lot owner.
  • 5.6 Any debris resulting from the construction or improvement or alteration of a Lot shall be removed with all reasonable dispatch from the Lot in order to prevent an unsightly or unsafe condition, but in no event later than one (1) year after the commencement of construction activity.
• 6. Landscaping/Grade
  • 6.1 Natural goundcover, wood chips or other natural plantings that are indigenous to the wooded areas are encouraged.
  • 6.2 Existing trees and natural cover (wildflowers, groundcover, shrubs, etc.) shall be preserved wherever possible and practical.
  • 6.3 The grade of the respective Lots shall be maintained in harmony with the topography of the area and with respect to adjoining Lots.
  • 6.4 In the interest of preserving the existing established condition of natural slopes, the owner shall maintain groundcover to prevent water and wind erosion to their Lot.
  • 6.5 All improvements shall be located so as to comply with the setback restrictions as described in Section 5.1 above and shall comply with all applicable zoning and building codes and/or ordinances.
  • 6.6 The location of all improvements shall be designed and located so as to be compatible with the natural surroundings and with the other Lots.
  • 6.7 Any and all landscaping necessary to restore the Lot to its pre-construction status must be completed within six (6) months after the date of completion of the exterior of the improvement.
• 7. Miscellaneous
  • 7.1 No perimeter fencing will be permitted to be installed on any Lot, except wooden decorative, split-rail fencing of the standard two rail variety, with rail lengths of ten (10) feet and heights not to exceed thirty-eight (38) inches along Lot boundaries and except for livestock fencing constructed of vinyl featuring three rails and not exceeding forty-eight (48) inches in height. For the purpose of uniformity, the distance from the road to any such perimeter fencing shall be determined by the Committee. No chain link fences will be permitted on any Lot for any purpose or reason, with the exception that one (1) dog kennel or run (or children's play area) may be approved by the Committee; the kennel or run must not be visible from the public roadway or any private access roadway(s) and its exact location must be approved by the Committee.
  • 7.2 All garbage and refuse shall be promptly disposed of so that it will not be objectionable to neighboring property owners. No outside storage for refuse or garbage shall be maintained or used unless the same shall be properly concealed.
  • 7.3 No Lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage, or other waste shall be kept only in sanitary containers, which shall be kept out of view of the roadways. Garbage containers shall not be left at the road for more than 24 hours in any one week.
  • 7.4 Carports are specifically prohibited
  • 7.5 No exposed concrete or concrete blocks shall be permitted on any exterior except for foundation walls which may be exposed to a maximum height of 18" above the finished ground level (grade). Any concrete or concrete block wall which exceeds eighteen (18) inches in height above finished grade must be covered with an approved exterior finish material.
  • 7.6 All utilities, including telephone, cable, if any, and electric, shall be underground from the private ways to all structures. Overhead utility service is not permitted on any Lot for other than temporary uses.
  • 7.7 Fuel tanks for heating and cooking purposes shall be limited to propane, unless and until the project is serviced by natural gas. Propane gas tanks shall be located in such areas so as to be as inconspicuous as possible and screened from direct view with shrubbery, fencing, or other materials approved by the Committee.
  • 7.8 All driveways and parking areas must at least be constructed of gravel or chip and tar, although blacktop or cement is preferred.
  • 7.9 Above ground swimming pool, hot tubs, and whirlpools will be permitted. Each Lot owner shall be solely responsible to insure limited access to any pool, hot tub or whirlpool and shall be solely responsible for constructing or installing all necessary (or required) safety measures.
• 8. Use Restrictions
  • 8.1 No Lot shall be used for other than single family residential purposes; not more than one single family dwelling, garage and other permitted outbuildings or structures shall be permitted on each Lot.
  • 8.2 No dwelling or building on any Lot shall be rented unless the term equals or exceeds twelve (12) months and then only in accordance with regulations adopted by the Committee, if any.
  • 8.3 No immoral, improper, unlawful or offensive activity shall be carried on in any Lot, nor shall anything be done which may or becomes an annoyance or a nuisance to the other Lot owners or neighboring property owners, nor shall any unreasonably noisy activity be carried on in any Lot.
  • 8.4 In general, no activity shall be carried on nor condition maintained by a Lot owner on his Lot which spoils the appearance of Florey's Ranch Estates South. No Lot shall be utilized for storage of any kind, including, but not limited to, inoperative vehicles.
  • 8.5 No house trailers or commercial vehicles (except light commercial vehicles used in the Lot owner's employ) may be parked or stored upon a Lot except within a garage or permitted outbuilding.
  • 8.6. No signs or other advertising devices shall be displayed which are visible from the exterior of a Lot, with the exception of "For Sale" signs, without written permission from the Committee.
  • 8.7 No animals of any kind shall be raised, kept, or permitted upon the Lots or any part thereof other than ususal household pets; i.e. dogs, cats, and/or birds, and/or horses (in conformity with any and all Township restrictions). Such animals are not to be kept, bred or raised for commercial purposes or in unreasonable numbers, i.e. no more than two (2) household pets per Lot and/or no more than one (1) horse per two and one-half (2½) acres contained within the Lot, and are to be reasonably controlled to avoid their being a nuisance to other Lot owners or neighboring property owners. Pets shall not be allowed to run free. Pet owners must perform any clean-up after their pets to remove and appropriately dispose of waste materials.
  • 8.8 Each Lot owner shall maintain his Lot in a safe, clean and sanitary condition and in an environmentally friendly manner. Fertilizers, pesticides, paints, cleaners, etc. should be utilized in an appropriate manner so as to minimize the risk of environmental contamination and/or impact. No Lot owner shall be permitted to burn or permit the burning of household refuse.
  • 8.9 None of the restrictions contained herein shall apply to the commercial activities or signs, if any, of the Owner during the development and sales period as defined hereinafter, or of the Committee in furtherance of its powers and purposes set forth herein. For the purposes of this Section, the development and sales period shall be deemed to continue so long as the Owner owns any Lot which he offers for sale. Until all of the Lots, Parcels 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, and 19 are sold by the Owner, The Owner shall have the right to maintain a sales office, a business office, a construction office, storage areas, reasonable parking incident to the foregoing and such access to, from and over the Lots as may be reasonable to enable develoopment and sale of the Lots by the Owner. The Owner shall restore the areas so utilized to habitable status upon termiantion of use.
  • 8.10 Only satellite dishes of eighteen (18) inches or less in diameter may be installed on a Lot and any such satellite dishes installed, must be inconspicuous; any other antennas must be approved in advance by the Committee.
  • 8.11 No outdoor property night lights of any kind shall be permitted to cast its direct rays beyond any of the boundary lot lines of the Lot in which it is installed or maintained. Although properly shielded timed or automatic lighting devices will be permitted, no form of dusk to dawn lighting will be permitted to be in operation unless that area of the Lot is being utilized at the time by a Lot owner or guest of a Lot owner.
  • 8.12 Vehicular access to and from lots 1, 2, and 3 shall be from the project's (private) roadway, Old Durango Court, and not from Schell Road or Florey's Ranch Road. Vehicular access to and from lot 8 shall be from Florey's Ranch Road; driveway placement shall be within 50 feet of said lot's North lot line.
  • 8.14 The recreational easements as shown on the attached Exhibit "A" shall be for pedestrian, recreational use only, i.e. hiking, biking, cross country skiing, and horseback riding only. No motorized vehicles of any kind (including by way of inclusion and not limitation, snowmobiles, ATVs, and trail bikes) shall be permitted on the recreational easements at any time except for maintenance purposes.
  • 8.15 The Owner shall grant to the owners of Parcels 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, and 19, respectively, the right to make ZERO (0) divisions under section 108 of the Land Division Act (Act. No. 288 of the Public Acts of 1967) and, pursuant to these restrictions, Parcels 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, and 19, respectively, shall not be further divided. This Paragraph 8.15 may only be amended with the prior written consent of the Owner or its successors or assigns.
• 9. Easements Retained by Owner
  • 9.1 The Owner reserves for the benefits of itself, its successors and assigns, perpetual easements for the unrestriced use (including, by way of inclusion and not limitation, the installation of and/or relocation of roads, driveways, walkways, rights-of-way, utilities or utility facilities, and retention basins and facilities, of any kind or nature) of all roadways and/or access easements, common use easements, stormwater retention basins/areas, driveways and walkways in Florey's Ranch Estates South for the purposes of ingress and egress to and from all or any portion of the parcel described in the attached Exhibit "A: (Forey's Ranch Estates South) or any portion or portions thereof, and any other land contiguous to Florey's Ranch Estates South which may be now owned or hereafter acquired by the Owner (including its owners whether shareholders or members, if applicable) or its successors. All expenses of maintenance, repair, replacement and resurfacing of any roads referred to in this paragraph shall be shared by the owners of Lots in Florey's Ranch Estates South and the owners of any developed portions of any other land contiguous to Florey's Ranch Estates South which may be now owned or hereafter acquired by the Owner or its successors whose closest means of access to a public road is over such road or roads. The owners of Lots in Florey's Ranch Estates South shall be responsible from time to time for payment of a proportionate share of said expenses which share shall be determined by multiplying such expenses times a fraction, the numerator of which is the number of Lots in Florey's Ranch Estates South and the denominator of which is comprised of the number of such Lots plus all of the units and/or lots added on any other land contiguous to Florey's Ranch Estates South which may be now owned or hereafter acquired by the Owner or its successors whose closest means of access to a public road is over such road(s).
  • 9.2 The Owner also hereby reserves for the benefit of itself, its successors and assigns, all future owners of the land described in the attached Exhibit "A" (Florey's Ranch Estates South) or any portion or portions thereof and any other land contiguous to Florey's Ranch Estates South which may be now owned or hereafter acquired by the Owner (including its owners whether shareholders or members, if applicable) or its successors, perpetual easements to utilize, tap, tie into, and/or extend and enlarge all utility mains located on Florey's Ranch Estates South, including, but not limited to, electric, water, telephone, cable television, gas, and storm and sanitary sewer mains/basins, if any. In the event Owner, its successors or assigns, utilizes, taps, ties into, extends or enlarges any utiites located on the premises of Florey's Ranch Estates South, it shall be obligatd to pay all of the expenses reasonably necessary to restore the premises of Florey's Ranch Estates South to their state immediately prior to such utilization, tapping, tieing in, extension or enlargement. The Owner reserves to itself, its successors and assigns, the right to terminate and revoke any utility easements granted in the attached Exhibit "A" at such time as the particular easement has become unnecessary. This may occur, by way of example but not limitation, when water or sewer systems are connected to municipal systems. No utility easement may be terminated or revoked unless and until all Lots served by it are adequately served by an appropriate substitute or replacement utility. Any termination or revocation of any such easement shall be effected by the recordation of an appropriate instrument of termination.
  • 9.3 All easments reserved by the Owner shall be assignable and shall be binding upon all parties, their heirs, successors and assigns. This Paragraph 9 and/or Sub-Paragraph 8.15 may only be amended with the prior written consent of the Owner or its successors or assigns.
• 10. The Committee shall have the right to waive or vary any of the restrictions contained herein (with the exception of paragraphs 8.15 and 9) in such cases as the Committee, in its sole judgment, shall deem to be in the best interest of the Lot owners, as long as any such modified restriction is in substantial conformity with the Owner's intent for Florey's Ranch Estates South.