Sugarwood Estates Homeowners Association

RESTRICTIVE COVENANTS FOR

SUGARWOOD ESTATES

ADDENDUM NO.2, PHASE A

UNITED STATES OF AMERICA

STATE OF LOUISIANA

PARISH OF TERREBONNE

       BE IT KNOWN, that on this 23rd day of May, 2005, before me, the undersigned Notary Public, duly commissioned and qualified, in and for the State and Parish aforesaid, therein residing, and in the presence of the undersigned competent witnesses, PERSONALLY CAME AND APPEARED:

SUGAR POINTE. LLC., TIN 72-1423605, a Louisiana Limited Liability Corporation, domiciled in Terrebonne Parish, Louisiana, whose mailing address is 222 Venture Boulevard, Houma, Louisiana 70360, represented herein by a majority of the Managers, (hereinafter referred to as "DEVELOPER"), who declared that DEVELOPER is the owner of a tract of land situated in Terrebonne Parish, Louisiana, which tract has been developed and platted into a single family residential subdivision more particularly depicted on the following plat entitled "SUGARWOOD ESTATES ADD. NO. 2, PHASE A. A SUBDIVISION OF LAND ALONG LA. HWY. 311 LOCATED IN SECTIONS85,86,87 & 102, T17S -RI7E, TERREBONNE PARISH, LOUISIANA", prepared by T. BakerSmith & Son, Inc., Civil Engineers – Surveyors-Environmental Services, under date of July 16,2004, recorded under Entry No. 1210371 , records Terrebonne Parish, Louisiana, reference to which is hereinafter directed for all purposes.

DEVELOPER is desirous of establishing Restrictive Covenants to govern building upon and use of each respective lot in said SUGARWOOD ESTATES, ADDENDUM NO.2, and PHASE A, and in accomplishment of said desire, does hereby establish and agree that each and every lot in said subdivision shall henceforth be subject to the following conditions, covenants and restrictions, which shall be deemed to be covenants running with the land to which they apply.

1. No lot shall be used except for residential purposes. No building shall be erected, altered, placed or permitted to remain on any lot other than the one detached single family dwelling not toexceed Two and One-Half (2.5) stories in height and a private garage or carport for two or more cars and other appropriate out buildings. Each dwelling shall have a carport or garage for not less than two cars.

2. (a)   No building shall be erected, placed or altered on any lot until the construction plans and specifications and a plan showing the location of the structure have been approved by the DEVELOPER and a permit has been obtained from the necessary regulatory agency.

     (b) No fence or wall shall be erected, placed or altered on any lot nearer to any street than the front sill line of the main building. All fence posts or other supporting materials used in the construction of the said fence shall be installed and placed so that they face and are situated inside of the owner's lot. Furthermore, and in an effort not to create inequities for lot owners complying with Restriction 4 (b) herein, all fences constructed on corner lots shall be placed fifteen (15') feet inside of side street property line. No chain link or barb wire fences will be allowed.

     (c) No shell, rock or gravel driveways shall be permitted, and all driveways shall be hard surfaced. In connection with the construction of said driveways, said construction shall comply with "Residential Driveway Specifications" prescribed by the Terrebonne Parish Consolidated Government Public Works Department, a copy of which is attached.

3. The ground floor of the main structure, exclusive of open porches and garages, shall not be less than 2,000 square feet for a one-story dwelling, and not less than 1,500 square feet for a two-story dwelling. Each dwelling erected shall have a carport or garage of sufficient size to accommodate not less than two (2) full size passenger automobiles.

4. (a) No building shall be located on any such lot nearer to the front lot line than a minimum building set back of Twenty (20') feet.

     (b) With regard to any lot which constitutes a corner lot, no building shall be located on any such lot less than sixteen (16") feet from any side street line.

     (c) No building shall be located nearer than Five (5') feet to an interior lot line (sideline) nor Ten (10') feet from any rear line.

     (d) For the purpose of this covenant, eaves and steps shall not be considered as part of the building, provided however, that this shall not be construed to permit any portion of the building on a lot to encroach upon another lot. For purposes of these restrictions, covered porches and covered patios shall be considered a part of the building.

     (e) A residence shall face the front of their respective lots.

     (f) DEVELOPER reserves unto itself: or any property owners' association to which said duties are delegated, the right to modify a set back or side line restriction in specialized cases where it can be demonstrated satisfactorily that such modification would not materially result in a diminishing of the overall residential quality of the subdivision, and where appropriate relief has been approved by any governmental agency having jurisdiction thereof, should such variance approval be required under any zoning ordinance which affects the subdivision.

5. No lot or combination of lots may be re-subdivided for any purpose whatever, except that the side lines between lots may be adjusted, providing that any lot or lots resulting from such adjustment have an area of not less than 12,000 square feet. Permission is hereby granted to use more than one lot for the purpose of erecting a single residence. For example, three lots may be combined to provide building sites for two residences, providing that neither site contains less than 12,000 square feet.

6. (a) The exterior walls of all residences shall be constructed of stucco, aluminum or vinyl siding or brick, which brick may be new, ornamental, secondhand or painted. Other materials, with DEVELOPER'S or Property Owners' Associations' approval, may be used in gables or exterior walls above the plate line (First floor ceiling line).

     (b) Pre-cast concrete blocks are permitted for use in piers, provided however, where used thereby elevating the residence above ground, a chain wan shall be built along the front and side walls, which chain wall shall be constructed of brick or concrete blocks, with a brick veneer. Finishing of chain wall with other decorative materials shall be permissible upon prior approval of DEVELOPER or Owner's Association to whom powers are delegated.

     (c) No small buildings of a temporary or permanent character shall be erected, except of the same material used in the main residence, and such outbuildings shall be limited to breezeways, storage sheds, barbeque houses or separate garages.

     (d) All roofs shall be covered with asbestos shingles, mineral coated asphalt shingles, or fire retardant wood shingles. Built up asphalt roofs shall be permitted on flat surfaces covering area such as deck areas or carport areas. All other materials must have DEVELOPER'S permission.

     (e) There shall be no houses erected of material that has been wholly prefabricated, and only houses of an individual nature shall be erected. This provision shall not apply to cabinets, doors or other fixtures which have been prefabricated in shops or factories, and which are incorporated into the house. No existing houses or buildings may be moved onto a lot or building site.

     (f) Each residential lot or site shall contain one mailbox with the design pole used therein, being any of the design poles shown on Exhibit "A" attached hereto. No other type of mailbox pole shall be permitted. Each such mailbox pole shall be constructed of cast aluminum or of poly steel material.

7. Easements for installation and maintenance of utilities and drainage facilities are reserved as shown on the recorded plat and over such lot. Within these easements, no structure, planting, or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities. The easement area of each lot and all improvements in it shall be maintained continuously by the owner of the lot, except for those improvements for which a public authority or utility company is responsible.

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

     (b) Outboard motor boats and/or other recreational vehicles shall be parked and/or stored either in the garage or under the carport, or in the backyards of each residence, the parking or storing of such boats or vehicles in the front yards, or on the street fronting said residence being expressly prohibited.

     (c) No business or commercial enterprise shall be erected, established, maintained, operated or carried on upon any lot.

     (d) The installation, maintenance or operation of any short wave radio station, commonly known as "ham" stations, shall be prohibited.

     (e) The streets of this subdivision are primarily for the benefit of the residents thereof, and no resident may use the same for the purpose of parking commercial vehicles, old automobiles, or any other purpose of semi-commercial nature.

9. Provisions have been made by the DEVELOPER for the installation of all utilities underground, and no lot owner may erect aboveground any extension of said utilities, except with the approval of DEVELOPER. All electrical services to houses erected in the subdivision shall be placed underground and that portion from the terminals of the utility company's power line to the residence shall be installed by the lot owner at his own expense. All primaries and secondaries shall also be placed underground. Ornamental street lighting standards serviced from underground wires shall be placed at proper intervals to adequately light the streets of the subdivision.

10. No temporary building of any nature, nor mobile homes, shall be permitted on any lots in said subdivision. Accessory buildings may be constructed of similar materials as the main dwelling, however, under no circumstances shall same be used for human habitation, with the exception of any accessory building constructed in connection with the main dwelling, which is to be used as a guest house or servants' quarters. The prohibition against mobile homes shall not be construed to prohibit the lot owners from parking recreational vehicles on the subject lots, provided same are kept in garages or carports, or stored to the rear of the subject lot behind the main residential dwelling.

11. No sign of any kind shall be displayed to the public view on any lot except One (1)professional sign of not more than One (1) square foot, one sign of not more than Five (5) square feet advertising the property for sale or rent, or signs used by a builder to advertise the property during construction and sale period. DEVELOPER, during the sales period of lots in the development, shall be exempt from the provisions contained herein.

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

13. No animals, livestock or poultry of any kind shall raised, bred, or kept on any lot,except that dogs, cats or other household pets may kept provided they are not kept, bred or maintained for any commercial purpose.

14. No lot shall used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall not kept, except in sanitary containers. All incinerators or other equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition.

15. The lots shall not be filled by the owners or anyone else above the grade set for the entire subdivision by the DEVELOPER. All lots have the same grade. This does not prohibit terracing around the main building a reasonable distance, or terracing for flower beds.

16. The DEVELOPER shall have the right to cut grass on any vacant lot and unimproved lot whenever it deems it necessary (but not more than once a month), and the owner thereof shall be assessed a charge of $75.00 per lot for each cutting, which charge shall constitute a lien against the property.

17. No fence, hedge, or shrub planting which obstructs sight lines at elevations between Two (2') feet and Six 6') feet above the roadways shall be placed or permitted to remain on any corner in the triangular area formed by the street property lines, and a line connecting them at a point Twenty-Five (25') feet from the intersection of the street lines, or in the case of a rounded property corner from intersection of the street property lines extended. The same sight-line limitations shall apply on lot within Ten (10') feet from the intersection of a street property line with the edge of a driveway or alley pavement. No trees shall be permitted to remain such of such intersections, unless the foliage is maintained at sufficient height to prevent obstruction of such sight lines.

20. (a) The restrictions contained herein shall constitute covenants running with the land to which they are made applicable hereinabove and shall remain and be binding on all of the parties and all persons claiming under them for a period of 25 years from the date of recordation in the appropriate public records in the parish in which the land is located.

     (b) Said restrictions in whole or in part may be modified at any time during their existence or any extension as provided herein below, by agreement in writing executed owners representing at least Seventy-Five (75%) percent of the land area affected by said restrictions exclusive of streets and their rights-of-way. Prior to effecting any amendments, notice shall be sent to all lot owners in the area covered by the restrictions herein, addressed to their last known address, fixing a time and place for a meeting to discuss such proposed changes. In no event shall said meeting be held less that Fifteen (15) days from date of posting of said notice.

     (c) The restrictive covenants contained herein shall, at the end of the Twenty-Five (25) year period specified hereinabove, be automatica1ly extended for successive periods of Ten(10) years each, unless owners representing least Seventy-Five (75%) percent of the land area included coverage of said restrictive covenants, exclusive of streets and their rights-of-way, elect to terminate same for the whole or a part of the restricted area.

IN FAITH WHEREOF, the duly authorized officer of SUGAR POINTE, L.L.C., has signed and executed this act on the day, month and year first above written, in the presence of me, Notary, and said witnesses, after due reading of the whole, and this act is recorded in the Conveyance Records of the Parish of Terrebonne, State of Louisiana, in order that each and every purchaser of any lot in SUGARWOOD ESTATES, ADDENDUM NO.2, PHASE A, may have full notice of the conditions, covenants and restrictions herein contained.

WITNESSES:                                           SUGAR POINTE, L.L.C.

BY:RHODA PORTIER                                           RODNEY L. BURNS L.L.C.

BY:SANDRA SAUCIER                                            BY: RODNEY L. BURNS L.L.C.

                                                                                   CALOG, L.L.C.

                                                                                        BY: TERRY C. CALONGNE                  

           BY: EDMUND McCOLLAM

                    NOTARY PUBLIC

         EDMUND McCOLLAM (9155)