EXHIBIT “A”
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AMENDED AND RESTATED RESTRICTIVE COVENANTS
OF
SWEETWATER CREEK SUBDIVISION

1. The herein described lots and every piece, part, and parcel thereof in Sweetwater Subdivision
shall be used for single family purposes only and each record owner shall be a member of the
Sweetwater Creek Property Owners Association, Inc. (herein referred to as “SCPOA” on occasion)
while he or she has record title to a lot or lots or any portion thereof on the above-described Land
and upon transfer of his or her interest, he or she shall immediately cease to be a member. Each
member shall be entitled to one vote; however, to the extent a lot is owned by more than one (1)
person, there shall be only one (1) vote exercised per lot as further specified in the By-Laws of the
Association. There are a total of 129 lots and therefore, there shall be no more than 129 votes.

2. The word “plot”, wherever used herein, shall mean the entire piece of land on which a residence
is situated, or is to be situated, be it one lot, more than one lot, parts of more than one lot or less
than one lot which meet or meets the plot size requirements of these restrictions.

3. Each one story house shall contain at least two thousand (2,000) square feet. Each two story
house shall contain at least two thousand five hundred (2,500) square feet. Each one-and-a-half
story house shall contain at least one thousand seven hundred (1,700) square feet in the first floor
and seven hundred (700) square feet in the second floor. When computing the size of a house,
the area included in the open porch and garage areas shall not be included, and the aforesaid
square foot requirements pertain to enclosed living area only, including exterior walls of the house.
Each house shall have a garage for not less than two automobiles with a total of at least five
hundred (500) square feet including utility or storage areas. Total off street parking spaces plus
garage spaces must equal the vehicles owned so that no on street parking will be required.

4. A house or garage on a water lot may not be closer than 25 feet to the rear plot line.

5. Covered walks, utility, and storage rooms, which are a part of a garage are subject to the foregoing
setback requirements for garages, as are outbuildings, including but not limited to glass houses
and screen enclosures with screen roofs, with the further requirement that outbuildings shall be
located only in the rear yard. Screen or glassed-in porches are subject to the foregoing set-back
requirements for houses.

6. Pools with screen enclosures may extend to within 20 feet of the rear plot line.

7. No carport shall be allowed.

8. Garages may be in the front or side yard and if so are subject to the same set-back requirements
as the house proper. All garages must have a suitable working device which will enable the
automobile operator to open and close the garage door conveniently without leaving the
automobile.

9. No fence or wall or replacement fence or wall of any type shall be erected on any lot or building
plot unless such fence wall is approved by SCPOA, or its assigns, said approval to be secured in
writing prior to erection and following submission to SCPOA, of drawing or written description
which fully describes said fence or fence wall and its location.

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10. All fences or walls will be required to meet aesthetic standards as established by SCPOA. No
fence or wall shall exceed the height of six (6) feet, and no fence or wall shall be installed in such
a way that it is visible from the street side of the Sweetwater perimeter wall. Properly designed
and constructed fences must be built with high quality materials and be built in accordance with
specifications approved and adopted by SCPOA. A Project Approval Form must be submitted
to and approved by SCPOA prior to installation. The Board of Directors may adopt or amend fence
or wall guidelines and specifications from time to time to regulate style, material, height,
appearance, color, size, location, orientation and workmanship so long as same are consistent
with this provision.

11. All air conditioner compressors shall be shielded from view with shrubbery, fencing or walls which
have been approved by SCPOA, so as to be wholly or substantially not visible from a street or any
other plot.

12. Roofing materials must be of high quality such as tile, metal, high quality architectural shingles, or
other such material as specified in the guidelines and specifications approved and adopted by
SCPOA. Roof design and material are required to follow the common scheme of the
neighborhood. A Project Approval Form must be submitted to and approved by SCPOA prior to
installation. The Board of Directors may adopt or amend guidelines and specifications from time
to time to regulate material, color, style, quality and workmanship.

13. All garbage or trash containers, oil tanks, bottle gas tanks, soft water tanks, and similar structures
or installations, shall be placed under the surface of the ground or shall be shielded from view with
shrubbery, fencing or walls which have been approved by SCPOA, so as to not be visible from a
street or any other plot. No clothesline, permanent or portable, shall be placed so as to be visible
from the street or from adjacent or nearby plots.

14. There shall be no mobile homes, buses, unregistered or inoperative vehicles stored or kept on the
property.

15. Utility trailers, watercraft trailers, motor homes or campers shall not be stored or kept on any Lot
or on the street unless being actively loaded or unloaded. Such trailers or vehicles may be stored
in a garage. Boats and other watercrafts may be on the Lot for a short duration not to exceed
twenty-four (24) hours for the purpose of preparation, maintenance, or cleaning. Any exceptions
to the foregoing require written approval of the Board of Directors. Trailers allowed under this
provision shall not be parked so as to block sidewalks or interfere with the flow of traffic on the
streets. Any non-compliance with this provision shall result in a fine of up to $100 per day. Said
fine shall continue on a daily basis until the violation is rectified, except that the fine may not exceed
$5,000 in the aggregate.

16. No boat houses of any type shall extend or be located wholly or partially over the water. No
permanent roof or cover shall be constructed above a boat that is kept in or over the water. No
boats shall be kept out of the water, either on or off a trailer, except in a garage or specially
constructed, enclosed structure, which is approved by SCPOA. Provided, however, boats having
an overall length of less than twenty-eight (28) feet may be kept suspended from davits, and boats
having an overall length greater than twenty-eight (28) feet may be kept suspended on a boat lift,
either of which has been constructed in accordance with the plans and specifications provided by
owner and approved by SCPOA.

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17. The construction of a new dock or any changes to or replacement of an existing dock must be
approved in writing by SCPOA, and shall comply with the regulations and requirements of all
relevant local, county, state and federal government agencies. No unsightly fender material, such
as automobile tires, may be used.

18. The erection of a new house, the repair of any house or structure damaged by fire or otherwise,
or the remodeling/renovation of any house on any lot or plot, shall be completed without
unreasonable delay. Should the owner leave such house or structure in an incomplete condition
for a period of more than six (6) months, then SCPOA is authorized and empowered at its
discretion either to tear down and clean from the premises said house or structure which is
incomplete or in need of repair, or to complete or repair it in a manner deemed proper in the
discretion of SCPOA. Expenses so incurred by SCPOA, shall be assessed against such plot, and
if unpaid shall be collectable in accordance with Florida statutes. Owners must ensure that
continual progress is made throughout the construction process. Additionally, owners must ensure
that the construction site is maintained in a neat and orderly manner.

19. No sign of any kind shall be displayed on any lot or plot except a sign advertising said plot for sale
or lease and a sign stating that the premises is protected by an alarm company. Signs advertising
a plot for sale or lease shall be displayed no higher than twenty-four (24) inches from the ground.
Such signs shall not be greater than twelve (12) inches in height or eighteen (18) inches in width
and shall have no more than two sides. Such signs shall be a one-half (1/2) inch MDO (Medium
Density Overlay) sign painted front and back and mounted on one 2 inch by 4 inch (2X4) post. The
background of the sign and the post shall be painted in accordance with the sign specifications
adopted and approved by SCPOA. Other features of such signs may be determined by the Board
of Directors from time to time. There shall not be more than two signs on any plot with one sign
permitted in front of and one sign behind the principle structure. The placement of such signs shall
be not less than twenty two (22) feet from the edge of the street or sea wall abutting the plot. The
permitted text on the sign includes: (a) the words "For Sale" or "For Lease", (b) the name of a real
estate broker or the name of the owner or the words "By Owner", (c) the name of a real estate
company, and (d) a single telephone number or email address. Each sign from an alarm company
shall be no larger than 144 square inches. The Board of Directors shall have the right to remove
a sign which does not comply with the foregoing requirements three days following written notice
to an Owner of the failure to comply with this restriction and said entry upon the plot shall not be a
trespass.

20. Only pets of a normal domesticated household type (such as cats, dogs, rabbits, fish and birds)
are permitted. No monkeys, poultry, horses, cows, swine or livestock may be kept within a dwelling
or on a lot. Pets must be carried, leashed or otherwise restrained at all times when outside of a
dwelling or a fully-enclosed fenced lot. Invisible fencing shall not be acceptable as a restraint. No
pets shall be permitted to roam freely. Commercial activities involving pets, including but not
limited to breeding for sale, is prohibited. All pets shall be licensed as required by the appropriate
local authorities. Each Owner shall immediately remove their pets’ feces from lots and common
areas. Aggressive or nuisance animals shall be removed upon written demand of the Board of
Directors.

21. Each waterfront lot owner shall be responsible for maintenance, repair and replacement of the sea
wall along their waterfront.

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22. No noxious or offensive trade or activity shall occur upon or incident to any plot, nor shall anything
be done thereon which is an annoyance or nuisance.

23. No existing structure shall be moved onto any lot or plot except for tool houses which are used by
the house building contractor and which shall be removed after completion of improvements.

24. No structure or shelter of any type of a temporary nature or character shall be used as a residence.

25. No television or radio antenna of any kind shall be located on a house, or on any other location on
a building plot, where said antenna may be seen from the street or adjacent lots unless the placing
of said antenna has been approved in writing by SCPOA.

26. Each plot with a house thereon shall have a sprinkler system which provides coverage for ground
areas on said plot and adjacent parkways. Each plot shall be attractively landscaped with written
approval of the design by SCPOA. Hedges, shrubbery, or trees within twenty (20) feet of a
waterfront boundary must not be of such height or density as to unreasonably obstruct the view of
the water from adjacent plots. All lots in Sweetwater shall be maintained in a first class condition
including mowing and edging of lawn, fertilizing, controlling weeds and any lawn or shrub disease.
All shrubs and trees shall be properly maintained and trimmed. The roots of any trees or shrubbery
which are causing the raising, buckling or cracking of adjacent sidewalks shall be trimmed by the
lot owner so as to alleviate the problem and prevent further damage. All irrigation systems shall
be properly maintained in an operable condition. In the event the lot owner is not going to
permanently occupy a property due to a lease or part-time residency, such owner shall contract
with a landscape contractor for the purpose of maintaining the lot as stated herein and the owner
shall provide the name(s) and contact information of such landscape contractor, along with a copy
of the contract, to the Board of Directors. The Board of Directors reserves the right to enter upon
the property and adequately maintain the lot as required herein in the event of a violation after
providing the lot owner fourteen (14) days written notice. In the event SCPOA incurs any expenses
to maintain a lot, after said notice, the expense shall be assessed against the lot and may result
in a lien and a foreclosure for the non-payment of assessments as elsewhere stated in the
Declaration.

27. All houses and all outbuildings such as garages, utility rooms, swimming pools, screen enclosures,
bathhouses, etc. or additions or renovations thereto, including exterior painting, must be according
to plans which have the written approval of SCPOA, prior to commencement of construction or
painting and shall meet all requirements contained in these restrictions. Exterior paint colors must
be approved in writing by SCPOA prior to commencement of painting. The Board of Directors
may adopt or amend an approved color palette, and painting or repainting of the home (even if
repainting the existing color) shall be in compliance with such color palette as adopted or amended
at the time of painting or repainting. SCPOA may, at its discretion, and solely on the basis of its
aesthetic standards for SWEETWATER SUBDIVISION, withhold approval of such a plan which
meets all of the requirements contained in these restrictions. Any requirement elsewhere in these
restrictions, including any requirement for written approval by SCPOA of a particular aspect of
construction or design, shall not detract in any way, by implication or otherwise, from the
requirement of this paragraph that all plans, as aforesaid, shall be approved in writing by SCPOA.
Further, all such plans shall be properly drawn and shall contain specific details of all features,
such as eave, cornice, entrance frame and moldings, which affect the exterior appearance of said
house or outbuilding and shall be submitted to SCPOA at least fourteen (14) days prior to
commencement of construction. Any deviation, however minor, from said plans which would affect
EXHIBIT “A”
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the location or exterior appearance of a house or outbuilding, or which would prevent the house
or outbuilding from meeting all requirements of these restrictions, shall nullify previously given
approval.

28. Architectural control and rights of architectural or structural approval specified hereinabove and
elsewhere in these restrictions shall be exercisable and enforceable by, and shall become the right
and responsibility of SCPOA. Any approval is as to compliance with these restrictions and
Association guidelines and specifications only. Each owner is solely responsible for ensuring
compliance with local, county, state and federal regulations, ordinances, laws and other
requirements.
29. The owner of each plot shall pay to SCPOA, a Florida corporation, at Tampa, Florida, a fee of Eight
hundred and 00/100 Dollars ($800.00) per year, payable on or before the first day of January of
each year. Said fee shall be used by SCPOA as specified in the Restrictive Covenants for the
Sweetwater Creek Subdivision and the By-Laws of said corporation. Said fee may be changed
only by two-thirds (2/3) vote of the members present in person or by proxy and voting at a duly-
called and noticed meeting of the Association members at which a quorum is present. A quorum
shall consist of thirty percent (30%) of the voting membership of the Association either in person
or represented by proxy.

30. Any such fee remaining unpaid by any such plot owner on the first day of February shall be
considered delinquent. At that time, an administrative late fee of the maximum amount allowed
by law will be added to the account. Additionally, interest shall accrue in an amount as determined
by the Board of Directors which, unless otherwise specified, shall be at the maximum rate allowed
by law as of the date of delinquency and will be added to the account. As permitted by law, the
delinquent amount shall become a lien against said plot, the amount of said lien to include said
late fee and interest and all costs of recordation, collection, and enforcement of said lien, including
reasonable attorney's fees. The Board of Directors of SCPOA may at any time after such fee of
assessment has become a lien, as aforesaid, record in the public records of Hillsborough County
Florida, a Notice of Lien, which shall state the amount and description of said lien, name of
delinquent plot owner, and description of the property of said owner affected by said lien, said
Notice to be signed by an officer of SCPOA. Upon satisfaction of said lien, said corporation shall
provide said owner with written notice that said lien has been satisfied, said notice of satisfaction
of lien to be signed by an officer of said corporation or representative of the Association. Said lien
may be enforced and foreclosed upon as and in the same manner as is provided for the foreclosure
of a real estate mortgage under Florida law.
31. Each lien established by these Restrictions shall be subordinate to a bona fide mortgage which
has been given in good faith and for value by any owner against whose property in Sweetwater
said lien attaches as aforesaid if such mortgage has been recorded prior to recordation of the
Notice of Lien referred to hereinabove, but only to the extent provided by Florida Statute 720.3085
as same may be amended from time to time.

32. Each plot with a house thereon, whether occupied or unoccupied, shall be maintained clean and
free from refuse, debris, unsightly growth, mold, and any fire hazard. All houses and all
outbuildings such as garages, utility rooms, swimming pools, screen enclosures, bathhouses, etc.
shall be kept in good repair, including exterior paint, roofs, and fences or walls. In the event any
plot owner shall fail to keep clean and maintained any portion of said property in the manner
hereinabove specified for more than fourteen (14) days after having been given written notification
to do so by SCPOA, addressed via Registered or Certified Mail to such owner at his last known
address, SCPOA may enter upon such plot for the purpose of remedying said defects and failures
stated in such said notice, and the expense of so remedying said defects shall be charged to the
owner of such plot and become a lien upon such plot, collectable and enforceable in the same
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manner as other charges or liens as hereinabove provided. Entry upon the plot shall not be a
trespass.

33. All service entrance installations served by the underground electrical distribution system shall be
installed underground and maintained in accordance with specifications of the electric utility
company for such installation.

34. These restrictions may be enforced by SCPOA, and by any person or corporation otherwise
entitled by law to enforce same. SCPOA may levy reasonable fines of up to $100 per violation
against any plot owner or any plot owner’s tenant, guest, or invitee for the failure of the plot owner
or its occupant, licensee, or invitee to comply with any provision of these Deed restrictions. A fine
may be levied for each day of a continuing violation, with a single notice, except that the fine may
not exceed $5,000 in the aggregate. In any action to recover a fine, the prevailing party is entitled
to reasonable attorney fees and costs from the non-prevailing party as determined by the court.
An imposed fine shall be due within thirty (30) days of the notice of the imposition of same. Said
properly imposed fine or fines may be enforced as a lien against the lot to the extent the fine is
$1,000 or more in the aggregate and the lien is enforceable in the same manner as other charges
or liens as hereinabove provided
35. All the restrictive covenants, conditions, limitations, and other provisions or any part of same, shall
be and remain in force and effect until December 31, 2027, after which time all provisions of this
Declaration shall be automatically renewed for successive periods of 10 years unless the owners
of all lots in the Sweetwater Creek development, upon the affirmative vote of owners of at least
80% of all lots, decide, within 6 months of such renewal date, not to renew the provisions of this
Declaration, and a certificate executed by the President or the Vice-President and Secretary of the
Association certifying to such vote is recorded in the public records of Hillsborough County, Florida.
36. In the event any one or more of the above restrictive covenants, conditions, limitations, or other
provisions, or any part of same, shall at any time be held to be invalid by a court of competent
jurisdiction, then said remaining covenants, conditions, limitations, and provisions shall be and
remain as valid as if the invalid covenant, condition, limitation, provision or part has never been
entered into or been made a part of these restrictions. The words Sweetwater Creek Property
Owners’ Association, Inc. (SCPOA), wherever used herein, shall include the respective assigns of
said association.
37. Unless otherwise provided herein, any amendment to these deed restrictions shall require a two-
thirds (2/3) affirmative vote of the members of the Association governed by these deed restrictions
who are present in person or by proxy and voting at a duly-called and noticed meeting of the
Association members at which a quorum of the Association members subject to these deed
restrictions is present. A quorum shall consist of thirty percent (30%) of the voting membership of
the Association subject to these deed restrictions who are present either in person or by proxy.
38. SCPOA approval, where required by these restrictions, can be requested by submitting a properly
completed “Project Approval Form” or "Lease Notification/Approval Form" to the Board of
Directors. The required forms are available from any Board member or on the neighborhood
website.
39. A written Lease Notification/Approval Form shall be submitted by each plot owner who leases his
or her plot for Board notification no later than one week prior to the actual move in date of the
lessee. Prior to any change in the occupants, the plot owner shall submit another written Lease
notification/Approval Form to the Board for approval. Upon termination of the lease or the property
being vacated, the plot owner shall notify the Board in writing. The purpose will be to notify the
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Board for security and communication reasons and so that the Board may determine if gate access
devices and codes are required or should be deactivated.
40. In addition to all other fees or assessments which are authorized in these restrictions, the Board
of Directors of SCPOA, by a two-thirds affirmative vote of the Board, shall have the power to levy
a special assessment on each parcel owner if the purpose in so doing is found by the Board to be
in the best interests of the SCPOA and the proceeds of the assessment are used primarily for one
of the following permitted purposes:

a) The defense of any lawsuit brought against the SCPOA and/or its agents;

b) Any maintenance and/or upkeep of the common areas and such other areas of

Association responsibility, which maintenance or upkeep are, in the opinion of the Board,

reasonably required on an emergency basis; or

c) Any capital expenditure incurred in connection with the common areas and such other

areas of Association responsibility, which expenditures are, in the opinion of the Board,

reasonably required on an emergency basis.
“Emergency” as used in this paragraph shall refer to repairs, maintenance or capital
expenditures which may increase in cost if not done promptly and any situation which poses
an imminent safety hazard or a threat to real or personal property within the community, or
which creates potential for subjecting the common areas or common property to statutory liens.
41. The amount of special assessments imposed in any calendar year, per lot owner, may not exceed
the dollar amount of the annual dues for that same calendar year.
42. The failure of any parcel owner to pay any special assessment allowed by Paragraph 40 above
shall be treated the same as the fees and/or assessments described in Paragraph 30 above, and
any other section or law applicable to the enforcement of fees or assessments owed by a parcel
owner to the Association and may be enforced by lien and foreclosure.
43. A special assessment may not be levied at a Board Meeting unless the notice of the meeting
includes a statement that assessments will be considered and the nature of the assessments.
Written notice of any meeting at which special assessments will be considered must be mailed
or delivered to the members and parcel owners and posted conspicuously on the property not
less than 14 days before the meeting.