Last Update: 01/21/88

ARTICLE I

The name of this association shall be the Eastgate Neighborhood Association, Inc., a non-profit corporation chartered under the laws of the State of Florida.

ARTICLE II

The purpose of this Association shall be to maintain Eastgate as residential area, to ensure that the surrounding real estate will not develop in a detrimental way, and to represent the interest of the community in all matters affecting the residents of Eastgate.

ARTICLE III

Section 1. The membership of this Association shall be limited to adult residents of the Eastgate Subdivision.

Section 2. Dues will be twenty dollars annually, subject to review and increase, if necessary, by action by the Board of Directors.

Section 3. All adult members in good standing shall be entitled to vote on all matters presented to the Association at general or annual meetings of the Association.

ARTICLE IV

Section 1. All general meetings of this Association shall be held as called and announced by the Board of Directors, unless otherwise ordered by the Association.

Section 2. The annual meeting of the Association shall be held each January, and shall be for the purpose of electing officers, receiving reports of the outgoing President and Treasurer, and for any other business that may arise.

Section 3. At least fifty percent of the membership of the Board of Directors shall constitute a quorum for all general membership and Board of Directors meetings.

Section 4. The Association membership shall be notified of all regularly scheduled general and annual meetings at least seven days in advance of said meeting dates.

ARTICLE V

Section 1. The officers of this shall be a President, President-Elect, Vice-President, a Secretary, and Treasurer. These officers shall perform the duties prescribed by these Bylaws and by the parliamentary authority adopted by the Association.

Section 2. These shall be a Nominating Committee consisting of five members whose duty it shall be to nominate a candidate for each office, EXCEPT THE OFFICE OF PRESIDENT. The Nominating committee shall obtain the prior consent of each candidate. At the Board of Directors meeting in November, the Board of Directors shall elect three of its members to serve on the Nominating Committee, and the President shall appoint one of these as Chairman. The Chairman shall select two members from the general membership to serve on the Nominating Committee. A slate of officers shall be presented to the Association in the Eastgate Newsletter at least two weeks prior to the annual meeting in January, and also at the annual meeting in January.

Section 3. Before the election at the annual meeting, additional nominations from the floor shall be in order. Nominees must have given prior consent and a list of qualifications submitted at the time.

Section 4. AT THE ANNUAL MEETING HELD FOR THE ELECTION OF OFFICERS, THE PRESIDENT-ELECT OF THE PRIOR YEAR SHALL ASSUME THE DUTIES OF THE PRESIDENCY OF THE ASSOCIATION. ALL OTHER officers shall be elected by ballot if there is more than one nominee for any office. A motion is to be made from the flo9or to accept the slate of officers. Their terms of office shall begin at the close of the annual meeting at which they were elected and shall last one year.

Section 5. No member shall hold more than one elected office at a time, and no member shall be eligible to serve more than two consecutive terms in the same office.

Section 6. Any vacancy in any unexpired term of office shall be filled by a person appointed by the Board of Directors.

Section 7. In order to run for an elected office, a person has to have previously served as a Zone Leader, committee member, or appointed Board member.

ARTICLE IV

Section 1. The President shall preside at all meetings of the Association and the Board of Directors. In consultation with and with the approval of the other officers, the President shall appoint all committee chairmen. The President shall submit an oral report with a written copy for the records of the Association tot he general membership at the annual meeting in January.

Section 2. The Prsident-Elect shall assist the president and assume the duties of the President in the President’s absence. The President-Elect shall serve as chairman of the membership committee and keep an accurate list of the membership. The President-Elect shall be zone leader coordinator.

Section 3. The Vice-President shall in the absence of the President-Elect serve in the President’s stead. The Vice-President shall serve as representative to CONA and chairman of the Legal and Public Affairs Committee.

Section 4. The Secretary shall keep full and accurate records of the general membership and Board of Directors meetings. The Secretary shall be responsible for any correspondence of the Association as directed by the President. The Secretary shall keep a file of the communications received and copies of letters sent. The Secretary shall read the Board of Directors recommendations to the Association at the general meetings.

Section 5. The Treasurer shall collect all dues and other monies approved by the Association, deposit all monies collected and pay all bills approved. The Treasurer shall keep an accurate itemized record of all receipts and expenditures, and shall present a report at all general membership and Board of Directors meetings. The Treasurer shall present an oral report with a written copy for the records of the Association to the general membership at the Annual meeting.

ARTICLE VII

Board of Directors

Section 1. The Board of Directors shall consist of the elected officers of the Association, plus the appointed chairpersons of all subcommittees. Members appointed to serve on the Board shall serve for a term corresponding to the term of those officers who appointed them.

Section 2. The Board of Directors shall have general supervision of the affairs of the Association between its business meetings, fix the time and place of general meetings, make recommendations to the Association. The Board of Directors shall not act in conflict with any actions taken by the Association.

Section 3. The meetings of the Board of Directors shall be held as called and announced by the President.

Section 4. It shall be the responsibility of all Board members to attend Board of Directors meetings, Association meetings, to present reports to the Association, and to support the Association in its activities.

Section 5. Any of the elected officers or appointed officers shall be subject to removal from office for misconduct of or dereliction of duty in office. Such removal shall be enacted for a two-thirds vote at a general meeting, when notice of intent has been given at the previous meeting or in the notification of the present meeting.

ARTICLE VIII

Section 1. The Beautification Committee shall help to establish and maintain a pleasing environment for the residents. Also, this Committee shall have the responsibility for maintaining the plants around both entrance signs to Eastgate.

Section 2. The Newsletter Committee shall be responsible for the Newsletter which will keep the Association members informed of actions taken on their behalf.

Section 3. The Fund Raiser Committee shall plan and direct any money-making events that may be held as decided by the Board of Directors.

Section 4. The Directory Committee shall be responsible for updating and keeping accurate records for the directory.

Section 5. The Entrance Upkeep Committee shall be responsible for maintaining grounds of the front and back entrances of Eastgate. This Committee is also responsible to maintain the front and back signs of Eastgate.

Section 6. The CrimeWatch and Safety Committee shall be responsible for helping to find solutions to problems pertaining to the safety and well being of the residents of Eastgate, whether it be in the home or in the neighborhood.

Section 7. The Legal and Public Affairs Committee shall have as its basic purpose the solving of neighborhood and community problems as a whole. Each problem will be investigated on its own merits and its importance will be weighed by the Board of Directors before proceeding to take action.

Section 8. The Membership and Zone Leader Committee shall be responsible for all communications between the Board of Directors and the resident of Eastgate. This Committee shall also be responsible for maintaining the correct number of Zone Leaders as needed to accomplish this communication process. An accurate list of resident s and a membership list shall be kept by this committee.

ARTICLE IX

Disbursement of Funds

Section 1. All expenditures shall be approved by the Board of Directors.

Section 2. All checks drawn on the Association shall be signed by one of the elected officers of the Association.

ARTICLE X

Parliamentary Authority

The rules contained in the current edition of Robert’s Rules of Order Newly Revised shall govern the Association in all cases to which they are applicable and in which they are not inconsistent with these Bylaws and any special rules of order the Association may adopt.

ARTICLE XI

Section 1. The Board of Directors shall elect two (2) of its members on a By-law Committee. The Vice-President of the Association shall serve as the Chairperson of the three member By-laws Committee.

Section 2. Proposed amendments to these By-laws shall be submitted in writing to the By-law Committee for consideration and recommendation to the general membership of the Association.

Section 3. These by-laws can be amended at any general meeting of the Association by a two-thirds vote of the members present provided that the amendment has been submitted in writing at the previous general meeting or in the notification of the forthcoming meeting.

12/10/75 Off. Rec. 755 Page 781

STATE OF FLORIDA,

COUNTY OF LEON.

THIS DECLARATION OF RESTRICTIVE COVENANTS, made and published this 18^th day of DECEMBER, 19975, by CAPITAL PROPERTIES OF TALLAHASSEE, INC., a corporation charged under the laws of the State of Florida and having its principal office in Tallahassee, Leon County, Forida.

W I T N E S S E T H :

THAT, WHEREAS, said corporation is the owner of the sub-division known as Eastgate, Unit No. 2, being a subdivision land situate, lying and being in Leon County, Florida, and described on Exhibit "A" attached here to and made a part hereof.

WHEREAS, it is to the interest, benefit and advantage of CAPITAL PROPERTIES OF TALLAHASSEE, INC. and to each and every person who shall hereafter purchase any lot in said subdivision that certain protective covenants governing and regulating the use and occupancy of the same shall be established, set forth and declared to be covenants running with the land.

NOW, THEREFORE, for and in consideration of the premises and of the benefits to be derived by CAPITAL PROPERTIES OF TALLAHASSEE, INC. and each and every subsequent owner of any of the lots in said subdivision, said corporation does hereby set up, establish, promulate and declare the following restrictions to apply to all of siad lots and to all persons owning said lots, or any of them, hereafter; these restrictions shall become effective immediately and run with the land and shall be binding upon all persons deraigning title through CAPTIAL PROPERTIS OF TALLAHASSEE, INC. during the lifetime of these restrictions.

1. LAND USE AND BUILDING TYPE. No lot shall be used except for residental purposes. No building shall be erected, altered, placed or permitted to reamin on any lot other than one detached single-family dwellin g not to exceed two and one-half stories in height and a private garage for not more than two cars.

2. ARCHITECTUAL CONTROL. No building shall be erected, placed or altered on any lot until the construction plans and specifications and plan showing the location of the structure have been approved by the architectural control committee as to quality of workmanship and materials, harmony of external design with respect jto topography and finish grade elevation. No fence or wlal shall be erected, palced or altered on any lot nearer to any street than the minimum building setback line without being similarly approved. Approval shall be a provided in item number 14 below.

3. DWELLING COST, QUALITY AND SIZE. No dwelling shall be permitted on any lot unless the ground flo9or areas of the main structure, exclusive of one-story open porches and garages, shall contain at least 1,000 square feet a one-story dwelling, exclusive of carport, garage, open porches, etc., and at least 600 square feet for a dwelling of more than one story.

4. BUILDING LOCATION. No building shall be located on any lot nearer than 25 feet to the front lot line, or nearer than 15 feet to any side street line. No buidling shall be lcoated nearer than 7-1/2 feet or any combination of setbacks on each side that equals at least 15 feet, provied that no such set back shall be less than 5 feet to an interior lot line. No dwelling shall be lcoated on any interior lot nearer than 35 feet to the rear lot line. For the purposes of this covenant, eaves, steps, carports and open porches shall not be considered as a part of a building; provied, however, that this hslal not be construed to permit any portion of a building on a lot to encroach upon another lot.

5. LOT AREA AND WIDTH. No dwelling shall be erected or placed on any lot having a width of less than 60 feet at the minimum building setback line nor shall any dwelling be erected or palced on any lot having an area of less than 8,500 square feet.

6. WAIVER. The architectual control committee shall have power and authroity to waive such violations of building lien and lot restrictions as it in its sole discretion deems reasonable and proper.

7. EASMENTS. Easements for installation and maintenance of utilities and drainage facilities are reserved as shown on the aforementioned plat and over the rear five (5) feet of each lot.

8. NUISANCES. No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which many or may become an annoyance or nuisance to the neighborhood.

9. TEMPORARY STRUCTURES. No structure of a temporary character, trailer, tent, basement, snack, garage, barn, or other outbuilding shall be used on any lot at any tiem as a residence either temporarily or permanently.

10. SIGNS. No sign of any kind shall be displayed to the public view on any lot except one professional sign of not more than one square foot, one sign of not more than five square feet advertising the property during construction and sales period.

11. OIL AND MINING OPERATIONS. No oil drilling, oil development oeprations, oil refining, quarrying or mining operations of any kind shall be permitted upon or in any lot, nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon or in any lot. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon any lot.

12. LIVESTOCK AND POULTRY. No. animals, livestock, or poultry of any kind shall be raised, bred or kept on any lot, except that dogs, cats or other household pets may be kept, provied they ar not kept, bred or maintained for any commercial purposes.

13. GARBAGE AND REFUES DISPOSAL. No lot shall be used or mainteaned as a dumping ground for rubbish. Trash, garbage or other equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition.

14. SIGHT DISTANCE AT INTERASECTIONS. No fance, wall, hedge or shrub planting wich obstructs sight lines at elevations between 2 and 6 feet above the roadway shall be placed or permitted to reamin on any corner lot within the triangular area formed by the street property liens and a line connecting them at points 25 feet from the intersection of the street lines, or in the case of a rounded property corner from the intersection of the street property lines extened. The same sight-line limitations shall apply on any lot within 10 feet from the interasection of a street property line with the edge of a driveway or alley pavement. No tree shall be permitted to remain within such distances of such intersections unless the foliage line is maintained at sufficient height to prevent obstruction of such sight lines. No fence shall be erected nearer the front lot line than the front of the dwelling situated thereon.

1. ARCHITECTURAL CONTROL COMMITTEE.

a. MEMBERSHIP. The architectural control committee is composed of the officers of CAPITAL PROPERTIES OF TALLAHASSEE, INC., or its successor in interest, which shall consist of at least the president and two other officers. A majority of the committee may designate a representative to act for it. In the event of the death or resignation of any member of the committee, the remaining members shall have full authority to designate a successor. Neither the members of the committee, nor its designated representative, shall be entitled to any compensation for service performed pursuant to this covenant. At any time, the then recorded owners of a majority of the lots shall have the power through a duly recorded written instrument to change the membership or the committee to withdraw from the committee or restore to it any of its powers and duties.

b. PROCEDURE. The committee’s approval or disapproval as required in these covenants shall be in writing. In the event the committee, or its designeated represenative fails to approve or disapprove within 30 days after the plans and specifications have been submitted to it, or any event, if no suit to enjoin the construciton ahs been commenced prior to the completion thereof, approval will not be required and the related covenants shall be deemed to have been fully complied with.

16. TERM. These covenants are to run with the land and shall be binding on all parties and all persons claiming under them for a period of 30 years from the date these covenants are recorded, after which time said covenants shall be automoatically extended for successive periods of 10 years unless an instrument signed by a majoirty of the then owners of the lots has been recorded, agreeing to change said covenants in whole or in part.

17. ENFORCEMENT. Enforcement shall be by proceedings at law or in equity against any person or persons violating or attempting to violate any covenant eighter to restrain voilaing or to recover damages.

18. SEVERABLITY. Invalidation of any one of these covenants by judgment of court order shall in no way affect any of the other provisions which shall remain in full force and effect.

IN WITNESS WHEREOF, the said CAPITAL PROPERTIES OF TALLAHASSEE, INC., has caused these presents to be executed at Tallahassee, Florida, by its duly authority officer and its corporate seal to be hereunto affixed on the day and year first above written.