GENERAL

1. The provisions of these covenants may be altered or amended by the Developer at any time. They run with the land and shall be binding on all parties and persons claiming under them for a primary period of twenty-five (25) years from the date hereof, after which time said covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by the owners of not less than two-thirds (2/3) of all lots has been recorded, agreeing to change these covenants in whole or in part.

2. The owners intend to develop and/or subdivide additional property contiguous and non-contiguous to the area covered by this document and may in connection with such subdivision extend or modify the waterways. All work and improvements undertaken by the Developer on such other property is to be construed as in furtherance of the intent, welfare and quality of life of this subdivision and shall not be impeded by owners of this or any part of the subdivision. The conditions herein provided shall be construed as protection for owners of lots of any additional subdivisions as well as lots in this particular unit.

3. Invalidation of any one of these covenants by judgement or court order shall in no wise affect any of the other provisions which shall remain in full force and effect.

4 . In order to enforce these covenants, the Developer may take the following steps:

• (A) It may conduct investigations to determine if a violation has occurred;
• (B) it may obtain legal advice concerning any possible violation;
• (C) it may issue by letter or other means to any owner deemed to be in violation of these covenants notices to cease the non-conforming activity;
• (D) it may initiate litigation against any owner deemed to be in violation of these covenants asking the court to enforce these covenants by injunction, damages, or any other legal or equitable remedy.The Developer, at its discretion, may require the owner deemed to be in violation of these covenants to reimburse the Developer for all costs incurred in the investigation and enforcement, including attorney’s fees. Under no circumstances shall the Developer be liable for any costs, including attorney’s fees, incurred by any owner in responding to or defending against any such investigation or enforcement.

LOT USAGE

5. No lot may be used, improved or occupied for any purpose other than as a private residence with appurtenances thereto. No commercial, noxious, hazardous, or annoying activity may be carried on within the subdivision or in, on or over the waters and areas adjacent to any lot where the owner may have any riparian rights. No structures, lots, waterfront or any property rights may be rented by any owners. No garage sales, yard sales or similar activity is permitted.

6. No nuisance shall be maintained or offensive activity carried on upon any lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the subdivision. No illegal drug use shall be permitted on any lot or adjoining waterfront by anyone. Owners are responsible for such actions of guests. No use of the waterways in the subdivision is allowed which may be a nuisance to the community including fast running of watercraft etc.

7. Fireworks are prohibited at all times.

8 . No part of this subdivision may be further subdivided and no structure shall be erected or placed on any parcel consisting of less than one full lot as is provided on the plat of record. No more than one single family residence shall be constructed or allowed on any one lot.

BUILDING DESIGN AND GUIDELINES

9. The Developer will have the exclusive right to approve all plans and specifications for the construction and positioning of dwellings and all other improvements including land clearing on each and every lot according to the Developer’s determination of the best interest of the subdivision. Two copies of all plans and specifications for such structures and improvements and a plot plan for locating such structures, all of which meet appropriate regulatory guidelines, shall be submitted to the Developer. Such submission will be receipted and the Developer will have 30 days after receipt to approve or disapprove such plans and specifications. If approved, the Developer will mark “APPROVED,” date and sign one set of building plans, specifications and plot plans and return them to the owner. Construction of all improvements shall be completed within six months from the date that approved construction commences. These rights shall remain with the Developer until relinquished as provided for elsewhere.

10.Each lot is limited to not more than three separate building structures.

11. No building other than a proper and attractive boathouse or a housing for a water pump shall be located on any lot nearer than thirty-five (35) feet from the “shoreline control line” established by the Developer for waterfront lots, nearer than thirty (30) feet to the back line of any other lot, nearer than thirty (30) feet to the front lot line of any lot, nearer than fifteen (15) feet to interior, side lot lines; provided that in the event one residence is to be erected on two or more lots, the fifteen (15) foot restriction as to adjoining lots of the same owner does not apply; nor nearer than thirty (30) feet to the exterior, side lot lines abutting streets.

12 . No structure shall be erected on any lot in the subdivision, which is not neat and attractive, and, by reason of design and construction materials, harmonious with its surroundings. Design, construction materials, builders and contractors of custom homes must be approved by the Developer.

13 . All dwellings constructed on the property must be fully completed and have a minimum floor space of 2000 square feet. Two story dwellings must have a minimum of 1000 square feet on the ground-level floor. In measuring the floor space, the enclosed living area or the area heated and/or cooled, whichever is greater, only will be considered exclusive of porches, carports, and garages. The provisions of this paragraph may be waved by the Developer based upon design considerations or based upon selections approved by the Developer.

14 . No vinyl or plastic siding, aluminum siding, composition board or plywood-type siding, exposed concrete block or metal walls or siding may be used for construction of any structure except that split-face type concrete block or approved materials may be used as trim or accent or in applications approved by the Developer. Metal buildings and structures are prohibited. If asphalt-type roofing shingles are used, an architectural-grade or equivalent type or better than “Timberline” brand shingles must be used. Standard-grade asphalt shingles are prohibited. Flat roofs are prohibited. Roof angels of 45 degrees (6/12) are encouraged. Roof overhang is required.

15. No residence or structure may be constructed atop or around pilings except that pilings may be used as internal anchorings for structures whose ground-level floor is fully enclosed with the conventional appearance of a non-piling structure.

16. All structures shall be designed and erected in conformity with best construction practices as regards materials, workmanship, permanence, etc. the same or better than that required by the Minimum Standards established by the Federal Housing Administration (FHA). The Developer must approve all building plans.

17. All construction and improvements must be made in accordance with all relevant governmental regulatory guidelines.

18 . No wall-mounted or window-mounted air conditioning units are permitted. Utility machines such as air conditioners or heat pumps shall be screened from view by a suitable enclosure approved by the Developer.

WATERFRONT USE & IMPROVEMENT

19. No dockside dwelling, boathouse dwelling or water-going vessel dwelling is permitted.

20. No structure shall be constructed which projects into the waterway. All water-access structures shall be behind the waterfront control line established by the Developer. Provision for excavation necessary for such construction is hereby granted within and subject to all governmental approvals and guidelines. Such construction must be done in such a manner so as not to cause filling or silting of the waterway and, in such case as this happens, the owners are responsible for dredging or removing such fill from the waterway.

21. Within two years of purchase all lot owners will be required to bulkhead the waterfront, if any, of their lot. Construction of such bulkhead will comply with the guidelines established by the Developer. All bulkheads will be constructed from Keystone or a duplicate brand of retaining blocks in face sizes and color matching existing walls or according to specifications and with materials established by the Developer.

22 . During storm conditions, no lot owner should allow boats of other people seeking refuge to tie up to their lots or anchor in the waters in which the owner has riparian rights. Liability for damage caused by such vessels will be the responsibility of lot owner.

ANCILLARY IMPROVEMENTS

23. Upon construction of residences upon any lot or upon regular visitation to any lot, each owner is required to construct a driveway spur connecting to the existing subdivision drive as constructed by the Developer. All driveways must be constructed of paver stones matching in coloration, size, shape and pattern those used by the Developer in construction of the road to which the drive connects or as specified by the Developer. Drives may be subject to having a concrete culvert as specified by the Developer installed at the culvert line established by the Developer. Driveways must be installed so as to allow drainage water to flow alongside the street. No drainage ways may be dammed by a driveway.

24. Fences must not extend to a height greater than 3 feet. The exception to this is that a privacy screen or fence may be constructed around a patio, swimming pool or small area adjoining the house so long as it adjoins the main residence structure, is no taller than six feet and does not violate the building setback requirements set forth elsewhere. Non-waterfront lots may have a neatly constructed pet pen no taller than 6 feet positioned on the back side of the lot (not the roadside) upon approval by the Developer. All fencing, except the pet pen, must be constructed of wood and be approved by the Developer and not extend closer to the roadway than the closest side of the structure.

25. Exterior clotheslines, which can be seen from an adjoining lot or the waterfront, are prohibited.

26 . Individual post boxes or newspaper boxes or any pole or pedestal- mounted fixture must be approved or designated by the Developer.

27 . No sign of any kind shall be displayed to the public view on any lot except one sign of professional quality of no more than one (1) square foot denoting the name of the owner or of the residence and one sign not to exceed like size denoting the number of the residence. Political signs are prohibited. During construction, the builder shall also be permitted to display one sign of not more than five (5) square feet for a period not to exceed 90 days. In the event the property is put up for sale, one sign of not more than five (5) square feet is permitted.

28 . All exterior lighting fixtures must be harmonious with the lighting installed by the Developer. No utility company poles with utility-type fixtures are permitted. No mercury vapor fixtures are allowed. Incandescent or high-pressure sodium (preferably color-corrected) bulbs are appropriate.

29 . Exterior-mounted antennas are discouraged. Exterior satellite dishes greater than 24″ diameter are prohibited.

VEHICLES & EQUIPMENT

30. No articles, junk cars, junk motorcycles, lawn care equipment, tools, ladders, boat trailers, boats etc. may be stored on any lot without being housed in a structure conforming to the provisions of these covenants.

31. No structure of a temporary character such as trailers, mobile homes, pre-fabricated homes in whole or in part, tents, sheds, etc., shall be placed on any property at any time, except that the contractor charged with construction of the dwelling or outbuildings may use an attractive trailer or temporary structure during construction but, in no event, is such trailer to remain on the property for more than six months from date of placement or erection

32. No motor home or RV unit, commercial-type vehicles, vans or trucks larger than 3/4 ton pickup trucks may be housed or parked on the premises, even though they are the property of the owner, unless they are housed in a garage or other suitable structure, or effectively screened from view. Mobile homes are not permitted. No dwelling in temporary living quarters or nonresidential recreational structures such as screened rooms, RV’s, tents or other structures will be allowed in the subdivision.

33 . The following rules apply to parking on the subdivision streets:

• (A) No vehicles belonging to the owners or residents of any lot may be parked on the subdivision streets.
• (B) No vehicles may be parked on the subdivision streets, except that social guests of the owners or residents may do so for seasonal parties, recreational activities, and infrequent occasions such as Christmas, birthdays, anniversaries, and graduations. Any owner having more than two such events within a thirty-day period must obtain the Developer’s prior approval.
• (C) No vehicles belonging to any owner or a resident or guest of that owner may be parked on any lot not owned by that owner without the permission of the owner of that lot. The Developer may prohibit such parking in specific situations if it determines, in its sole discretion, that such parking constitutes a nuisance to the community.
• (D) Any owner aggrieved by the conduct of any other owner with respect to parking may report such conduct to the Developer. The Developer shall determine if such conduct is reasonable, and its decisions in these matters shall be final.
• (E) No vehicles may be parked on the subdivision streets overnight under any circumstances.
• (F) Other exceptions to this paragraph based on circumstances not described or anticipated above can be made by the Developer, at its sole discretion, on a case-by-case basis.

ANIMALS

34. No animals, livestock, poultry of any kind shall be raised, bred or maintained on any lot, except that dogs, cats or other household pets may occupy the premises if not kept, bred or maintained for any commercial purposes and their total numbers do not exceed three per household. All pets must remain on and be confined to the property of the owner except when accompanied by a person, this being that they shall not be allowed to roam at large.

UTILITIES

35. All individual sewage treatment facilities are prohibited except during such time as on-tap sewer service approved by the Developer and permitted in the subdivision by the Developer at rates reasonably comparable to surrounding systems is unavailable. Septic or sewer systems installed according to this exception must meet the guidelines established by all relevant agencies. Upon availability of system sewer service approved by the Developer and permitted in the subdivision by the Developer at rates reasonably comparable to surrounding systems, each lot owner possessing an individual system pursuant to the above exception will have a period of 3 years to connect up to such system and remove or permanently disconnect any on-lot septic tanks or facilities.

36. All individual water supply systems installed must meet the guidelines established by all relevant agencies. All pumps etc. must be suitably housed in a structure approved by the Developer. Upon availability of on-tap water service approved by the Developer and permitted in the subdivision by the Developer at rates reasonably comparable to surrounding systems, each lot owner will have a period of 3 years to connect up to such system. Pumps and wells are permitted even though lot owners are required to connect to the water system.

37. All wired utilities are to be provided to each lot in underground conduit. All structures connecting to such utilities shall be connected with underground conduit installed from the structure to the entrance conduit. All utility services must be underground. A location diagram of all installed utilities shall be provided to the Developer.

38 . Easements for installation and maintenance of utilities and drainage are reserved as specified on the plats or on all right-of-ways and common areas.

MAINTENANCE

39. Each owner shall keep all improvements in good repair, adequately painted, clean and sanitary at all times, and shall also keep the premises free from trash and debris. Each owner is required to maintain regular garbage pickup service from such companies so long as such service is offered and, during such time as this service may not be offered, owners are required to regularly and properly dispose of refuse themselves in fulfillment of the general requirements set forth in other provisions of these covenants. Permanent storage of garbage refuse cans or containers must be screened from view.

40. All lot clearing work and any removal of trees must be approved by the Developer. Trees should not be removed unless absolutely necessary and owners are encouraged to plant new, different compatible varieties.

41. All lots and right-of-ways between the lots and subdivision roads must be maintained by the appropriate lot owner in a tidy and satisfactory manner. Lots must be regularly mowed from time of purchase. Should this not occur, the Developer may provide such maintenance and the owner agrees that a reasonable cost for such service will be paid to the Developer upon billing

42. Stacks of firewood must be screened from view of adjoining lots and the waterfront.

43. Until such time as a homeowners’ association for the subdivision may be formed or a different agreement made between the Developer and a majority of owners, an annual maintenance fee of $300, three hundred dollars, shall be payable to the Developer for general maintenance including maintenance of common areas not provided for elsewhere in these covenants and for utility bills for lighting etc. This is due upon purchase closing on a pro rata basis and by the second week of each January thereafter.

MISCELLANEOUS

44. Each lot owner is required to be a paid member of the Josephine Volunteer Fire Department and every resident dwelling in the subdivision is encouraged to become a volunteer and attend the regular training sessions of the Fire Department.

45. Common areas are for the use and enjoyment of the owners of Stone Quarry and their guests. No structures may be placed on any common area without the approval of the Developer. The common area surrounding any docking or mooring facilities is open to all owners of Stone Quarry unless otherwise designated just as any other common area. Rights to these common areas do not extend to docking or mooring facilities and structures themselves with the exception of a designated boat ramp facility. Owners with deeded rights to any docking or mooring facilities are responsible for all maintenance, repairs, utility service facilities and utility service charges associated with their docking or mooring facilities. All owners of Stone Quarry are responsible for the maintenance, repairs, and utility service for the common area around any docking or mooring facility. Rights to any docking or mooring facility are appurtenances which are non-severable from the rights to the particular lot with which they are conveyed.

46. Artificial pink flamingoes are prohibited in yards between houses and the street.

47. Owners shall be responsible for the conduct of their residents and guests, whether that conduct occurs on the owner’s lot or elsewhere in the subdivision. The enforcement measures described in paragraph 4 shall apply not only to the owner’s conduct, but also to the conduct of any resident or guest that the owner is responsible for under this section.