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Draft 2/16/06 Prepared by and return to: Name: Bruce D. Barkett, Esquire Address: Collins, Brown, Caldwell Barkett & Garavaglia, Chartered 956 Beachland Boulevard Vero Beach, FL 32963 Tele: (772) 231-4343 DECLARATION OF RESTRICTIVE COVENANTS THIS DECLARATION OF RESTRICTIVE COVENANTS is made by Windsor Properties, a Florida General Partnership, ("Owner"), in favor of Indian River County, a political subdivision of the State of Florida, ("County"). WITNESSETH: WHEREAS, Owner holds fee simple title to certain property in the County consisting of acres, more or less, which property is referred to as the Property and is legally described as Exhibit "A" attached hereto and made a part hereof ("Property"); and WHEREAS, the Property is designated L-1 on the County's Land Use Plan, and is designated RS -3 on the County's Zoning Map, which designations permit development of up to six (3) residential units per acre; and WHEREAS, the Property is located adjacent to the Golden Sands Park (a County - managed park), and within a high density sea turtle nesting area; and WHEREAS, the Owner is desirous of making a binding commitment to assure that the Property shall be developed in accordance with the provisions of this Declaration; NOW, THEREFORE, in consideration of the foregoing, the Owner hereby agrees and declares as follows: 1. Recitals. That the above recitals are true and are incorporated herein by reference. 2. Density Restriction. The Owner hereby declares and voluntarily covenants and agrees that the following development restriction shall apply within the Windsor Property: Residential density shall be limited to one (1) dwelling unit per acre. 3. Use Restrictions. (a) Access to beach. One elevated wooden walkway (a maximum of six feet wide clear) may be constructed for each dwelling unit fronting on the Atlantic ocean beach for access to the beach. Except for construction, and dune and beach repair and maintenance, no person is permitted on the dunes, except to access the beach via a walkway. (b) Construction seaward of CCCL during turtle nesting season. There shall be no construction activities on the Atlantic ocean beach seaward of the current Coastal Construction Control Line from May 1 through October 31, except as permitted by the State of Florida for activities to protect the dunes and upland structures on the Property, and on properties to the north and south. (c) Lighting. Installation of exterior lighting is strongly discouraged. The following requirements shall be complied with on the Property, in addition to the Indian River County Sea Turtle Protection Ordinance: (1) No light source or any reflective surface of the light fixture shall be visible from any point on the beach. Illumination of the beach, either through direct illumination, reflective illumination or cumulative illumination is prohibited. 241