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HomeMy WebLinkAbout1998 03 23 Consent Item B _, rY-'\ , .,~ COMMISSION AGENDA ITEM B REGULAR - CONSENT xx INFORMATIONAL March 13. 1998 Meeting REQUEST: The Community Development Department, Land Development Division requests Commission approval for the recordation of the covenants for The Oaks subdivision. PURPOSE: The purpose of this Agenda Item is for the Commission to approve the recordation of the covenants for The Oaks subdivision. This subdivision is located on the northerly side of Edgemon Avenue, approximately seven hundred fifty (750) feet southwest of State Road 419. APPLICABLE CODE: Sec. 9-75. Final plat, contents and recording procedures. (b) Three (3) copies of all protective or restrictive covenants to be recorded shall be submitted with the plat. Sec. 9-78. Recording/distribution of the final plat. Upon completion of all approval action, the city planner shall be responsible for ensuring that the orginiallinen is signed and sealed, and the plat and deed restricitons, if any, are delivered to the appropriate authority for recording. The developer shall submit to the city the recording fee as specified in the current fee schedule. .j' ~ .s;: .. "" March 23, 1998 CONSENT AGENDA ITEM B Page 2 FINDINGS: The City Commission, at their meeting of March 9, 1998, approved the recordation of the plat for The Oaks subdivision. The City Commission, at their meeting of March 9, 1998, denied approval for the recordation of the covenants until proof was shown that the covenants for The Oaks subdivision contained the verbiage addressing the reserve account dedicated to the association until such time that the Class A membership assumes control of the association from the Class B membership. Section 4.5 (Page 7) of the covenants fulfills the requirements of the reserve account (called escrow account in the covenants) and reads: Assessments Deposited to Escrow. Upon the transfer of each Lot by Declarant to a Lot Owner, the Lot Owner shall pay an additional assessment of One Hundred Fifty and no/lOO Dollars ($150.00), which assessment will be retained by Declarant in a separate escrow account at interest and delivered to the Association simultaneously with the transfer of control of the Association. CONCLUSION: Section 4.5 of the proposed covenants fulfills the requirement requested by the Commission. RECOMMENDA TION: The recommendation is that the Commission approve the recordation of the covenants for The Oaks subdivision. ATTACHMENT: Covenants COMMISSION ACTION: This instrument prepared by and return recorded instrument to: Scott D. Clark, Esq.lglh GRAHAM, CLARK, JONES, BUILDER, PRATT & MARKS P.O. Drawer 1690 Winter Park, Florida 32790 SPACE RESERVED FOR RECORDING DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR THE OAKS AT WINTER SPRINGS SPACE RESERVED FOR RECORDING DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR THE OAKS AT WINTER SPRINGS THIS DECLARATION is made on the date hereinafter set forth by L & S DEVELOPMENTS, INC., a Florida corporation (hereinafter referred to as "Declarant"). WITNESSETH: WHEREAS, Declarant is the owner of certain property in the County of Seminole, State of Florida, which is more particularly described in Exhibit "A" annexed hereto; and WHEREAS, Declarant, as the owner in fee of all of those lands described in Exhibit "A", desires to impose this Declaration of Covenants, Conditions and Restrictions upon the lands described in Exhibit "A." Now, THEREFORE, Declarant hereby declares that all of the properties described in Exhibit "A" annexed hereto shall be held, sold and conveyed subject to the following easements, restrictions, covenants and conditions, which are for the purpose of protecting the value and desirability of, and which shall run with, the real property, and be binding on all parties having any right, title or interest in the described properties or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof. ARTICLE 1 DEFINITIONS 1.1 "Association" shall mean and refer to The Oaks at Winter Springs Homeowners' Association, Inc., a Florida corporation not for profit, its successors and assigns. 1.2 "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any Lot which is a part of the Properties, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. F:IUSERIGINGER\L&S\OAKS\DCR [ 4823-1] 980129 (14:17:22) 2 SPACE RESERVED FOR RECORDING 1.3 "Properties" shall mean and refer to that certain real property hereinbefore described, and such additions thereto as may hereafter be brought within the jurisdiction of the Association. . 1.4 "Common Area" shall mean and refer to all real property (including the improvements thereto) owned by the Association for the common use and enjoyment of the Owners, which includes Tracts A, B, C and D. 1.5 "Lot" shall mean and refer to any plot ofland shown upon any recorded subdivision map of the Properties, with the exception of the Common Area. 1.6 "Declarant" shall mean and refer to L & S Developments, Inc., a Florida corporation, its successors and assigns, if such successors or assigns should acquire more than one (1) undeveloped Lot from the Declaration for the purpose of development. 1.7 "Surface Water" or "Stormwater Management System" means a system which is designed and constructed or implemented to control discharges which are necessitated by rainfall events, incorporating methods to collect, convey, store, absorb, inhibit, treat, use or reuse water to prevent or reduce flooding, overdrainage, environmental degradation, and water pollution or otherwise affect the quantity and quality of discharges. ARTICLE 2 PROPERTY RIGHTS 2.1 Owners' Easements of Enjoyment. Every Owner shall have a right and easement of enjoyment in and to the Common Area which shall be appurtenant to and shall pass with the title to every Lot, subject to the following provisions: 2.1.1 the right of the Association to charge reasonable admission and other fees for the use of any recreational facility situated upon the Common Area; 2.1.2 the right of the Association to suspend the right to use of the Common Area and facilities by an Owner, the Owner's tenants, guests or invitees, for any assessment against his or her Lot that remains unpaid and for a reasonable period of time; 2.1.3 the right of the Association to dedicate or transfer all or any part of the Common Area to any public agency, authority or utility, for such purposes and subject to such conditions as may be agreed to by the members. No such dedication or transfer shall be effective F:\USER\GINGER\L&:S\OAKSlDCR [ 4823.() 980129 (14: 17:22) 3 SPACE RESERVED FOR RECORDING unless an instrument agreeing to such dedication or transfer signed by two-thirds (0/3) of each class of members has been recorded, and unless said dedication has been accepted by such agency, authority or entity. 2.2 Delegation of Use. Any Owner may delegate, in accordance with the bylaws, his or her right of enjoyment to the Common Area and facilities to a member of his or her family, tenants or contract purchasers who reside on the property. 2.3 Ingress/Egress. In the event ingress and egress to any Lot is through the Common Area, any conveyance or encumbrance of the Common Area is subject to the Lot Owners' easements of enjoyment, ingress and egress. 2.4 Maintenance of Surface Water Management System. The Association shall be responsible for the maintenance, operation and repair of the surface water or stormwater management system. Maintenance of the surface water or stormwater management system (s) shall mean the exercise of practices which allow the systems to provide drainage, water storage, conveyance or other surface water or stormwater management capabilities as permitted by the St. Johns River Water Management District. Any repair or reconstruction of the surface water or stormwater management system shall be as permitted or, if modified, as approved by the St. Johns River Water Management District and by the City of Winter Springs, Florida. 2.5 Easement for Access and Drainage. The Association shall have a perpetual nonexclusive easement over all areas of the surface water or stormwater management system for access to operate, maintain or repair the system. By this easement, the Association shall have the right to enter upon any portion of any lot which is a part of the surface water or storm water management system, at a reasonable time and in a reasonable manner, to operate, maintain or repair the surface water or stormwater management system as required by the St. Johns River Water Management District permit. Additionally, the Association shall have a perpetual nonexclusive easement for drainage over the entire surface water or stormwater management system. No person shall alter the drainage flow of the surface water or stormwater management system, including buffer areas or swales, without the prior written approval of the St. Johns River Water Management District and the City of Winter Springs, Florida. 2.6 Conservation Areas. Development rights to Tracts Band D have been dedicated to St. Johns River Water Management District. No construction, clearing, grading or alteration or Tracts B and D is permitted without prior approval of St. Johns River Water Management District and/or any other state or local governmental agency having jurisdiction over the conservation areas. F:IUSERIGlNGER\L&SIOAKSlDCR ( 4823-1] 980129 (14:11:22) 4 SPACE RESERVED FOR RECORDING ARTICLE 3 MEMBERSHIP AND VOTING RIGHTS 3.1 Membership. Every Owner of a Lot upon which permanent improvements have been constructed shall be a member of the Association. Membership shall be appurtenant and may not be separated from ownership of any Lot which is subject to assessment. 3.2 V oting Rights. The Association shall have two (2) classes of voting membership: 3.2.1 Class A. Class A members shall be all Owners, with the exception of the Declarant, and shall be entitled to one (1) vote for each improved Lot owned by them. When more than one (1) person holds an interest in any Lot, all such persons shall be members. The vote for such Lot shall be exercised as they determine, but in no event shall more than one (1) vote be cast with respect to any Lot. 3.2.2 Class B. Class B members shall be the Declarant and shall be entitled to five (5) votes for each improved Lot owned by said Declarant. Class B membership shall cease and be converted to Class A membership upon the happening of either of the following events, whichever occurs earliest: 3.2.2.1 conveyed to members; or three (3) months after ninety percent (90%) of the Lots have been 3.2.2.2 July 31, 2001; or 3.2.2.3 if the Declarant, at its option, desires to turn over control of the Association. 3.3 Conveyance of Common Area. A two-thirds (%) vote of the Lot Owners is required in order to encumber or convey the Common Areas, and any such encumbrance or conveyance shall be subject to any easement or use rights of record. ARTICLE 4 COVENANT FOR MAINTENANCE ASSESSMENTS 4.1 Creation of the Lien and Personal Obligation of Assessments. Declarant, upon the conversion of its Class B membership in the Association to Class A membership, and each Class F:\USER\GINGER\L&S\OAKS\DCR [ 4823.1) 980129 (14:17:22) 5 SPACE RESERVED FOR RECORDING A member of the Association other than the Declarant, by acceptance of a deed for an improved Lot within the Properties, whether or not it shall be so expressed in such deed, is deemed to covenant and agrees to pay to the Association: (1) annual assessments or charges, and (2) special assessments for capital improvements, such assessments to be established and collected as hereinafter provided. The annual and special assessments, together with interest, costs and reasonable attorneys' fees, shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made. Each such assessment, together with interest, costs and reasonable attorneys' fees, shall also be the personal obligation of the person who was the Owner of such property at the time when the assessment fell due. The personal obligation for delinquent assessments shall not pass to his or her successors in title unless expressly assumed by them. Notwithstanding anything herein contained to the contrary, no annual assessments or special assessments shall be levied upon any Lot within the Properties that has not been improved. A Lot shall be deemed improved and thereafter subject to the payment of such assessments at such time as: (a) the construction of permanent improvements upon that Lot has been completed, and (b) a certificate of occupancy as to such improvements has been issued by local governmental authority. 4.2 Purpose of Assessments. The assessments levied by the Association shall be used exclusively to promote the recreation, health, safety and welfare of the residents in the Properties, and for the improvement and maintenance of the Common Area, party walls, roofing and exterior of the townhouse homes situated upon the Properties. 4.3 Maximum Annual Assessment. Until July I of the year immediately following the conveyance of the first Lot to an Owner,. the maximum annual assessment shall be One Hundred Fifty and no/100 Dollars ($150.00) per Lot. 4.3.1 From and after July 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment may be increased each year, without a vote of the membership, no more than twenty percent (20%) above the maximum assessment for the preVIOUS year. 4.3.2 . From and after January 1 of the year, immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment may be increased above twenty percent (20%) by a majority vote of members who are voting in person or by proxy, at a meeting duly called for this purpose. 4.3.3 The Board of Directors may fix the annual assessment at an amount not in excess of the maximum. F:\USER\GINGER\L&S\OAKS\DCR [ 4823.1] 980129 (14:17:22) 6 SPACE RESERVED FOR RECORDING 4.4 Special Assessments for Capital Improvements. In addition to the annual assessments authorized above, the Association may levy, in any assessment year, a special assessment applicable to that year only for the purpose of defraying, in whole or in part, the costs of any construction, reconstruction, repair or replacement of a capital improvement upon the Common Area, including fixtures and personal property related thereto, provided that any such assessment shall have the assent of two-thirds (%) of the Board of Directors. 4.5 Assessments Deposited to Escrow. Upon the transfer of each Lot by Declarant to a Lot Owner, the L0t Owner shall pay an additional assessment of One Hundred Fifty and nolI 00 Dollars ($150.00), which assessment will be retained by Declarant in a separate escrow account at interest and delivered to the Association simultaneously with the transfer of control of the Association. 4.6 Notice and Quorum for Any Action Authorized Under Section 4.3. Written notice of any meeting called for the purpose of taking any action authorized under Section 4.3 shall be sent to all members not less than thirty (30) days in advance of the meeting. At the first such meeting called, the presence of members or of proxies entitled to cast thirty percent (30%) of all the votes of each class of membership shall constitute a quorum. 4.7 Uniform Rate of Assessment. Both annual and special assessments must be fixed at a uniform rate for all Lots and may be collected on a monthly basis. 4.8 Date of Commencement of Annual Assessments; Due Date. The annual assessments provided for herein shall commence as to any Lot upon which an assessment may be payable on the fIrst (Ist) day of the month following the conveyance of that Lot by the Declarant to the purchaser thereof. The first (1st) annual assessment shall be adjusted according to the number of months remaining in the calendar year. The Board of Directors shall fix the amount of the annual assessment against each Lot at least thirty (30) days in advance of each annual assessment period. Written notice of the annual assessment shall be sent to every Owner subject thereto. The due date shall be established by the Board of Directors. The Association shall, upon demand, and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the assessments on a specified Lot have been paid. A properly executed certificate of the Association as to the status of assessments on a Lot is binding upon the Association as of the date of its issuance. 4.9 Effect of Nonpayment of Assessments; Remedies of the Association. Any assessment not paid within thirty (30) days after the due date shall bear interest from the due date at the rate of eighteen percent (18%) per annum. The Association may bring an action at law against F:IUSERIGINGER\L&:S\OAKS\DCR [ 4823-1] 980129 (14:17:22) 7 SPACE RESERVED FOR RECORDING the Owner personally obligated to pay the same, or foreclose the lien against the property. No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Area or abandonment of his or her Lot. 4.10 Subordination of the Lien to Mortgages. The lien of the assessments provided for herein shall be subordinate to the-lien of any first mortgage. Sale or transfer of any Lot shall not affect the assessment lien; however, the sale or transfer of any Lot pursuant to mortgage foreclosure or any proceeding in lieu thereof shall extinguish the lien of such assessments as to payments which became due prior to such sale or transfer. No sale or transfer shall relieve such Lot from liability for any assessments thereafter becoming due or from the lien thereof. ARTICLE 5 ARCHITECTURAL CONTROL No building, fence, wall or other structure shall be commenced, erected or maintained upon the Properties, nor shall any exterior addition to or change or alteration therein be made until the plans and specifications showing the nature, kind, shape, height, materials and location of the same shall have been submitted to and approved, in writing, as to harmony of external design and location in relation to surrounding structures and topography, by the Board of Directors of the Association or by an Architectural Committee composed of three (3) or more representatives appointed by the Board. In the event said Board, or its desigI;1ated committee, fails to approve or disapprove such design and location within thirty (30) days after said plans and specifications have been submitted to it, approval will not be required, and this' Article will be deemed to have been fully complied with. ARTICLE 6 EXTERIOR MAINTENANCE The premises and the exterior maintenance of the improvements of each Lot which is subject to assessment hereunder shall be provided by the Owner of said Lot. The above-stated maintenance shall not be provided by the Association unless the hereunder stated conditions exist. In the event that the need for maintenance or repair of a Lot or the improvements thereon is caused through the willful or negligent acts of its Owner, or through the willful or negligent acts of the family, guests or invitees of the Owner of the Lot needing such maintenance or repair, the cost of such exterior maintenance shall be added to and become part of the assessment to which such Lot is subject. F:IUSERIGINGER\L&SIOAKSIDCR [ 4823-1] 980129 (14:17:22) 8 SPACE RESERVED FOR RECORDING In the event an Owner of any Lot in the Properties shall fail to maintain the premises and the improvements situated thereon in a manner satisfactory to the Board of Directors, the Association, after approval by two-thirds (0/3) vote of the Board of Directors, shall have the right, through its agents and employees, to enter upon said parcel and to repair, maintain and restore the Lot and the exterior of the building and any other improvements erected thereon. The cost of such exterior maintenance shall be added to and become part of the assessment to which such Lot is subject. ARTICLE 7 GENERAL RESTRICTIONS 7.1 Use Restrictions. No Lot shall be used except for residential purposes. No structures shall be erected, altered, placed or permitted to remain on any residential Lot within the Properties other than one (1) single-family dwelling and accessory building, and structures such as swimming pools, screened enclosures and patios. All parts of every Lot shall be kept in a clean and sanitary condition, and no rubbish, refuse or garbage shall be allowed to accumulate nor any fIre hazard allowed to exist. No mechanical work shall be performed on any Lot or on the Common Area on any vehicle, engine or motor except for emergency repairs. No vehicle, including any boat, trailer or camper, other than a noncommercial passenger vehicle, may be parked overnight on any Lot or on the Common Area, except in such an area as may be specifically designated and set aside for such purpose. No "garage sale" or any other kind of sale may be conducted on or from any Lot or the Common Area without prior approval from the Board of Directors. 7.2 Temporary Structures. No structure of a temporary character, including a trailer, basement, tent, shack, garage, bam or other building, shall be placed upon the Properties at any time; provided, however, that this prohibition shall not apply to shelters used by the contractor or Declarant during the construction period, it being clearly understood that these latter temporary shelters may not, at any time, be used as residences or permitted to remain on the said Properties after completion of construction. 7.3 Animals. No animals, fowl or reptiles shall be kept on Lots or in structures on Lots except for caged birds kept as pets and domestic dogs'and cats, which shall be limited to two (2) in number per Lot; provided that such dogs and cats shall not be allowed off the premises of Owner's site except on a leash. In no event shall such pets be kept, bred or maintained for any commercial purposes. F:IUSERIGINGER\L&SIOAKSIOCR [ 4823-1] 980129 (14:17:22) 9 SPACE RESERVED FOR RECORDING 7.4 Signs. No sign of any kind shall be displayed to the public view on any Lot except one (1) Owner's identification sign of not more than two (2) square feet. No commercial flags, pennants or other such devises shall be allowed without the consent of the Board of Directors or the Architectural Control Committee; provided, however, that this restriction shall not be applicable to the Declarant or its successors or assigns. 7.5 Antennas; Satellite Receivers. There shall not be permitted to exist anywhere on the Properties any outside antennas or other devices for the purposes of reception of television, radio, ham radio or similar signals. The term antenna as used herein shall be interpreted to specifically prohibit the construction or installation of a satellite dish or similar type of receiving device, whether such device is to be part of the structure or located on the Lot apart from the structure. Notwithstanding the foregoing, satellite receivers of eighteen (18) inches or smaller may be permitted with consent of the ARB, subject to screening requirements made part of such consent. In the event that the Association installs cable and antenna for cable or pay television, each Owner utilizing the same will be assessed a monthly charge at rates generally charged for such service. 7.6 Easements. Easements for installation and maintenance of utilities and drainage facilities are reserved as shown on the recorded plat or by subsequent recorded instrument. 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 or which may change the direction of flow or drainage channels in the easements, or which may obstruct or retard the flow of water through drainage channels in the easements. The easement area of each Lot and all improvements on or 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. Every portion of any dwelling which contributes to the support of the building in which it is located shall be burdened with an easement of support for the benefit of all other dwellings which are located in the same building. All of the Common Area is subject to easements for encroachments which now exist or may hereafter come into being, including, but not limited to, encroachments for overhangs of buildings or decorative surfaces or which may be caused by settlement or movement of buildings or by inaccuracies in construction or reconstruction, and such encroachments shall be permitted to remain undisturbed and as valid easements so long as such encroachments shall stand. 7.7 Offensive Activity. No noxious or offensive activity shall be carried on or upon a Lot, nor shall anything be done thereon tending to cause embarrassment, discomfort, annoyance or nuisance to the community. There shall not be maintained any plants or animals, nor device nor F:IUSERIGINGER\L&SIOAKSlDCR [ 482J-I] 980129 (14:17:22) 10 SPACE RESERVED FOR RECORDING thing of any sort whose normal activities or existence is in any way noxious, dangerous, unsightly, unpleasant or of a nature as may diminish or destroy the enjoyment of other property in the neighborhood by the Owners thereof. All laundry or other clothes or clothing which are hung out to sun or dry must be hung in areas not visible to the public or from any other Lot. 7.8 Garbage Disposal. Each Lot shall have'receptacles for garbage in a screened area not generally visible from the road or similar facility in accordance with reasonable standards established by the Association. 7.9 Fences. No fence shall be placed, constructed or erected on any Lot unless and until the design, height and location of such fence have been approved by the Architectural Control Board. 7.10 Other Restrictions. The Board of Directors shall have the authority, from time to time, to promulgate other restrictions regarding such matters as prohibitions against window air conditioning units, "for sale" signs, locations of mailboxes, temporary structures, nuisances, garbage and trash disposal and collection, vehicles and repair, removal of trees, gutters, easements, games and play structures, swimming pools, sight distance at intersections, utility connections, television antennas, satellite dishes, painting and repainting of the exterior of the residences and fences, driveway construction and such other restrictions as it shall deem appropriate. The foregoing matters , are shown by way of illustration and shall not be deemed to limit in any way the authority of the . Board of Directors to promulgate and enforce such additional restrictions. Once the Board of Directors promulgates certain restrictions,.,the same shall become as binding,. and shall be given the same force and effect as the restrictions set forth herein, until the Board of Directors modifies, changes or promulgates new restrictions. 7.11 Drainage and Grading. The drainage, water conservation easements shown on record plat shall not be disturbed or modified. No drainage ditches, cuts, swales, streams, impoundments, ponds, or lakes; no mounds, knobs, dams, or hills; and no other physical improvements or elements of the landscape or terrain which control or determine the location or flow of surface water and drainage patterns may be created, destroyed, altered or modified without the prior written consent of the ARB, whether on private Property or common area. ARTICLE 8 PARTY WALLS 8.1 General Rules of Law to Apply. Each wall which is built as a part of the original construction of the homes upon the Properties and placed on the dividing line between the Lots shall F:IUSERIGINGER\L&SIOAKSIDCR [ 4823-1] 980129 (14: 17:22) II SPACE RESERVED FOR RECORDING constitute a party wall and, to the extent not inconsistent with the provisions of this Article, the . general rules of law regarding party walls and liability for property damage due to negligence or willful acts or omissions shall apply thereto. 8.2 Sharing of Repair and Maintenance. The cost of reasonable repair and maintenance of a party wall shall be shared by the Owners who make use of the wall in proportion to such use. 8.3 Destruction by Fire or Other Casualty. If a party wall is destroyed or damaged by fire or other casualty, any Owner who has used the wall may restore it, and if the other Owners thereafter make use of the wall they shall contribute to the cost of restoration thereof in proportion to such use, without prejudice, however, to the right of any such Owners to call for a larger contribution from the others under any rule of law regarding liability for negligent or willful acts or omissions. 8.4 Weatherproofing. Notwithstanding any other provision of this Article, an Owner who by his or her negligent or willful act causes the party wall to be exposed to the elements shall bear the whole cost of furnishing the necessary protection against such elements. 8.5 Right to Contribution Runs With the Land. The right of any Owner to contribution from any other Owner under this Article shall be appurtenant to the land and shall pass to such Owner's successors in title. 8.6 Arbitration. In the event of any dispute arising concerning a party wall or under the provisions of this Article, each party shall choose one arbitrator and such arbitrators shall choose one additional arbitrator, and the decision shall be by a majority of all the arbitrators. ARTICLE 9 GENERAL PROVISIONS 9.1 Enforcement. The Association, or any Owner, shall have the right to enforce, by and proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Failure by the Association or by any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. The St. Johns River Water Management District shall have the right to enforce, by a proceeding at law or in equity, the provisions contained in the Covenants and F:\USER\GINGER\L&S\OAKS\OCR [ 4823-1) 980129 (14:17:22) 12 SPACE RESERVED FOR RECORDING Restrictions which relate to the maintenance, operation and repair of the surface water or storm water management system. 9.2 Severability. Invalidation of anyone of these covenants or restrictions by judgment or court order shall in no way affect any other provisions which shall remain in full force and effect. 9.3 Amendment. The covenants and restrictions of this Declaration shall run with and bind the land for a term of twenty (20) years from the date this Declaration is recorded, after which time they shall be automatically extended for successive periods of ten (10) years. This Declaration may be amended by an instrument confirming that not less than sixty-six and two-thirds percent (66%%) of a quorum of the Lot Owners present at a duly called meeting of the Association have approved said amendment. Any amendment must be recorded. 9.4 Annexation. Additional residential property and Common Area may be annexed to the Properties with the consent of two-thirds (%) of the members. Any such instrument of annexation must be recorded. 9.5 FHAIV A Approval. As long as there is a Class B membership, the Class B members may require the prior approval of the Federal Housing Administration or the Veterans Administration, as the case may be, to the annexation of additional properties, dedication of . Common Area, and further amendment of this Declaration of Covenants, Conditions and Restrictions. 9.6 City of Winter Springs. The City of Winter Springs is a third party beneficiary with the right to legally enforce this document or any part or provision hereof. Nothing contained herein shall be construed to permit or authorize any violations or deviations from the Code of Ordinances, City of Winter Springs, Florida. No amendment which causes such a violation or deviation shall be binding on the City of Winter Springs, Florida. F:IUSERIGINGER\L&:S\OAKSIOCR [ 4823-1] 980129 (14:17:22) 13 SPACE RESERVED FOR RECORDING IN WITNESS WHEREOF, the undersigned, being the Declarant herein, has hereunto set its hand and seal this 21,1 day of JMuftUjl , 1998. Witnesses: L & S DEVELOPMENTS, INe., a Flori , Print~LARK ~JA)~L Printed na e: N ER l. ODGES By: STATE OF FLORIDA COUNTY OF ORANGE The foregoing instrument was acknowledged before me on J~.uv 2'7 , 1998 by Louie DiMillo, as President of L & S DEVELOPMENTS, INC., a Florida corporation, on its behalf. He ~/ is personally known to me; or o has produced ~tfXC . Printed name: Notary Public-State of Florida at Large Commission number: My Commission expires: as identification. .i~'f~. Scott D. Clark [.(Ji.'~:<1 ~ COMMISSION' CC615415 EXPIRES ~'~i FebRJary 3. 2001 "'~Rf.~...., BONDED TllRU TROY FAIN INSlJRANCf. INC. F:IUSERIGINGER\L&SIOAKS\DCR [ 4823.\ J 980129 (14:17:22) 14 SPACE RESERVED FOR RECORDING Exhibit "A" That part of NORTH ORLANDO RANCHES SEC. 11, recorded in Plat Book 13, Pages 22 and 23, of the Public Records of Seminole County, Florida, lying in Section 34, Township 20 South, Range 30 East, Seminole County, Florida, and being more particularly described as: Begin at the most Southerly corner of Lot 30, IDGHLAND LAKE PHASE 2 recorded in Plat Book 48, Page 28, of the Public Records of Seminole County, Florida, thence N 54046'01" E, 417.90 feet along the Southeasterly line of said HIGHLAND LAKE PHASE 2 to the most Easterly corner of Tract "C" of said HIGHLAND LAKE PHASE 2, said corner lies on the Southerly line of Tract I of OVIEDO FARMS recorded in Plat Book 6, Page 86, of the Public Records of Seminole County, Florida; thence S. 86055'19" E, 347.87 feet along the Southerly line of said Tract I to a point on a curve, said curve being concave Easterly having a radius of 2,466.83 feet; thence leaving the Southerly line of said Tract 1 from a tangent bearing of S 25022'33" E run Southerly along the arc of said curve 350.62 feet through a central angle of 08008'37"; thence leaving said curve from a tangent bearing ofS 33031'10" E run S 71024'53" E, 74.99 feet to the Northerly right-of-way line of Edgemon Avenue; thence S 54046'0 I" W, 644.99 feet along said Northerly right-of-way to the most Easterly corner of Lot 14, Block 17, of said NORTH ORLANDO RANCHES SEC. 11; thence leaving said right-of-way run N 35013'59" W, 175.00 feet along the Northeasterly line of said Lot 14, Block 17, to the most Northerly corner of said Lot 14, Block 17, thence S 54046'0 I" W, 210.00 feet along the Northwesterly line of Lots 14 and 15 of said Block 17; thenceN 35013'59" W, 32.05 feet; thence S. 54046'01" W, 185.00 feet to the Westerly line of Block 18 of said NORTH ORLANDO RANCHES SEC. 11; thence N 35013'59" W, 119.96 feet along said Westerly line of said Block 18 to the Point of Curvature of a curve concave Easterly having a radius of 1,715.00 feet; thence run Northerly 383.46 feet along the arc of said curve through a central angle of 12048'39" to the most Easterly corner of Lot II, Block 19, of said NORTH ORLANDO RANCHES SEC. 11; thence S 67034'40" W, 125.18 feet along the Southerly line of said Lot II, Block 19, to the most Easterly corner of Tract "B," IDGHLAND VILLAGE TWO, recorded in Plat Book 40, Pages 40 and 41, of the Public Records of Seminole County, Florida; thence N 20030'37" W, 468.48 feet along the Easterly line of Lots 98,99, 100, 101, 102, 103, 104, 105, 106, 107 and Tract "B" to the most Southerly corner of Lot 95 of said IDGHLAND VILLAGE TWO; thence N 65023'06" E, 135.00 feet along the Southeasterly line of Lots 93, 94 and 95 of said IDGHLAND VILLAGE TWO; thence N 5r52'50" E, 81.47 feet along the Southeasterly line of Lots 92 and 93 to the most Easterly corner of Lot 92; thence N 35000'08" E, 134.90 feet along the Southeasterly line of Lots 89, 90 and 91 to the Southwesterly line of said IDGHLAND LAKE PHASE 2; thence S 31014'14" E, 581.14 feet along the Southwesterly line of Lots 30,31,32,33,34,35,36,37,38 and 39 of said IDGHLAND LAKE PHASE 2 to the POINT OF BEGINNING. F:IUSERIGINGER\L&SlOAKSIDCR [ 482J-1 ) 980226 (10:02:34) 15