Okaloosa County BOCC — September 3, 2013 — County Attorney Coordination_Approval of Sale Letter_Corrected Exhibit A_Declaration of Covenants — reading text

landscape so as to effectively screen the view of such storage area from public streets and adjoining properties, No waste materials, rubbish or discarded matter of any kind shall be permitted to be stored in open areas except in containers approved by the TRC and beyond a time reasonably required to arrange for removal. 11. INGRESS AND EGRESS Each user shall provide adequate ingress and egress to the improved portions of the reality including hard, dust-free surfaced or webbed concrete block roads and driveways for all primary ingress and egress. 12, UTILITY LINES AND EASEMENTS The Board of County Commissioners reserves the right to construct utility lines, pipes and conduits through an area of not more than twenty feet in width across the real estate covered by these covenants, and each property owner, lessee or tenant shall execute any and all instruments necessary and reasonable for the further development of the Park, including the granting of easements for railroad tracks and sidings, gas lines, sanitary sewer, storm sewers, telephone lines, entrance and access roads, and electrical lines; provided, that no such area or easement shall interfere with any building plans for, or buildings constructed on, such property. The Board of County Commissioners right to construct and maintain utility service as described herein above shall be exercised reasonably and in such a manner as to prevent undue interference with the proper use of the property. Al! utility lines shall be established within twenty (20) feet of property lines except in those cases wherein the Board of County Commissioners determines that it would be impractical or unreasonable to restrict the utility lines to the areas within twenty (20) feet of property lines. The land surface of any such easement shall be restored to its original condition, All utilities shall be underground provided, however, utility sources may be placed overhead on the outer perimeter of the park. All connections between any allowed overhead source and any building shall be underground. The person or entity with the possessory interest in the site will be responsible for the excess cost of such underground service over and above the cost of overhead service. Pad-mounted electrical transformers shall be located and screened so as to prevent viewing from any public street or adjacent property. 13. STREETS All streets in Airpark will be designed and constructed with minimum standards as specified by the County engineer. 14, CONSTRUCTION AND COMPLETION TIME LIMITS The purchaser or Lessee of any property sold or leased in the Airpark shall be required to commence construction of an acceptable building or improvement within twelve (12) months of the purchase or lease, and shall further be required to substantially complete the construction for occupancy within twenty-four (24) mouths after the date the construction is commenced, If, after the expiration date of twelve (12) months from the date of sale or lease of any property, the purchaser or lessee shall not have begun in good faith the construction of any acceptable building or improvement upon such property, the Board of County Commissioners shall have the option to refund the purchase price, after deducting 4 its expenses and require the purchaser or its successors to convey the property back to the County, or declare the lease canceled, and enter into possession of said property. Furthermore, if, after twenty-four (24) months from the date construction is commenced, the building is not substantially completed, the Board of County Commissioners retains the option to refund the purchase price aud require the purchaser to convey the property back to the County, after deducting its expenses, or declare the lease canceled, and enter into the possession of said property. The filing of an Affidavit of Non-Compliance with the Restrictive Covenants in the Public Records of Okaloosa County by the Board of County Commissioners shall revert title to any property conveyed or leased back to Okaloosa County. The Board of County Commissioners, for good cause, may extend these time limits, All properties bound by these restrictive covenants shall require the written approval of the Board of County Commissioners prior to their lease, conveyance, sublease, or any other transfer, 15, REMEDIES FOR VIOLATIONS The Board of County Commissioners or any owner or lessee of the above-described land shall have the right to sue for and obtain an injunction prohibiting the violation of any covenant set forth herein in addition to a legal action for damages; and the failure of the Board of County Commissioners or the owner or lessee of any lot or lots or building site hereby restricted to enforce any of the covenants herein set forth at the time of its violation, shall in no event be deemed to be a waiver of the right to do as to any subsequent violation. The violation of these covenants shall not defeat, nor render invalid the lien of any mortgage made in good faith. Any person held in violation of the covenants by a court or competent jurisdiction shall be responsible for reasonable attorney fees and court costs to the other party. The failure to meet the Construction and Completion Time Limits will result in the reversion of the property back to the County upon the filing of an Affidavit of Non- compliance, 16. CONFLICTS In case of any conflict between these covenants and ordinances of the County, it is the intention that these covenants will not be less restrictive than those ordinances of the County; however they may be more restrictive. In the case of any such conflict, the more restrictive of the two shall be followed and considered requirement. 17. WAIVER The Board of County Commissioners hereby expressly reserves the right to alter, change, or amend any and all of the same, in its discretion. Any such alteration, change, or amendment must be in writing and authorized by formal action of a majority of the members of the Board of County Commissioners and delivered to the person or firm seeking such waiver. 18. INVALIDITY The invalidity of any one or more of these covenants shall not affect the validity of the remaining covenants, all of which shall continue in force and effect. OKALOOSA COUNTY, FLORIDA fs ay i ah 4. Ba if i f ‘ ui? oa * anRRYe CAMPBELL Chairman Board Of County Commissioners DON Ww. HOWARD Clerk of Cirenit Court