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HomeMy WebLinkAbout1998 07 27 Consent Item A 1 ( COMMISSION AGENDA ITEM A Consent xx Information Public Hearing Regula r July 27. 1998 Meeting MGR. ~/DePt4 REQUEST: Community Development Department, Land Development Division requesting Commission approval for the recordation of the plat and covenants for Tuskawilla Trace Subdivision. This action is also to accept the improvements (water and sewer system) for City ownership and maintenance. PURPOSE: The purpose of this Agenda Item is to request that the Commission approve the recordation of the plat and covenants for Tuskawilla Trace Subdivision, and to accept the improvements (water and sewer system) for City ownership and maintenance. This subdivision is located at the southwest corner of the intersection of Tuskawilla Road and Orange Avenue (across from St Johns Landing Subdivision). APPLICABLE CODE: Sec. 9-74. Action on final development plan; expiration of approval. ( a) If the developer elects to request approval of a final development plan separately and prior to approval to record the plat of that development, the city commission may approve such final development plan if the plan is in substantial conformity with the approved preliminary plan or a subsequently approved modification to the preliminary plan..... Sec. 9-75. Final plat, contents and recording procedures. (a) The final plat shall conform substantially to the approved preliminary plan, and shall be submitted to the city planner as follows: July 27, 1998 CONSENT AGENDA ITEM Page 2 (1) The final plat shall include one (1) linen original. If more than one (1) sheet is required, a suitable index map showing the entire development with index for the various sheets shall be shown on the first sheet. (2) The final plat shall show streets, lots, blocks and easements indicating the centerline, width and sidelines of all easements. (3) Surveys and surveying data on the final plat shall be in accordance with acceptable professional practices and principles for land surveying and preparation of plats. Special consideration shall be given to the relationship of the proposed plat to existing abutting plats to prevent unintended overlap or omission of lands. (4) Mortgage holders shall execute before two (2) witnesses and a notary public the following certification on plats: "The mortgagee(s) consents and agrees to the platting of lands embraced in this plat and to the dedication(s) shown herein; and further, should it become necessary to foreclose the mortgage covering the property, that all pieces and parcels dedicated to the public will be excluded from the suit and the dedication shall remain in full force and effect." (5) A dedication to the public by the owners of all roads, streets, alleys, easements and other rights-of-way, however designated, shown on the plan for perpetual use for all public purposes. (b) Three (3) copies of all protective or restrictive covenants to be recorded shall be submitted with the final plat. (c) A letter from an acceptable abstractor shall certify the following: (1) That the parties executing the plats are owners of the land included therein. (2) All recorded mortgages, liens and other encumbrances. (3) That taxes and assessments have been paid to date. (4) That the description shown on the plat is correct July 27, 1998 CONSENT AGENDA ITEM Page 3 (d) An appropriate bond submitted in accordance with bonding procedures set forth in section 9-76 shall be required for all developments within which improvements are to be dedicated to the public. Sec. 9-76. Bonding procedures. (b) Maintenance bonds. When requesting to record a plat for which the improvements have been installed, inspected and approved by the city engineer and when the city is being asked to accept such improvements, the subdivider shall provide a maintenance bond payable to the city guaranteeing the performance of required and installed improvements for two (2) years after the date of completion and acceptance by the city, executed and enforceable in the same manner as the corporate or surety completion bond. The bond shall be in the amount often (10) percent of the estimated construction cost of all improvements to be owned and maintained by the city. As an alternative to the provision of a corporate or surety bond, the subdivider may provide the deposit of equivalent cash in an escrow account with the city, or a letter of credit drawn on an approved institution, drawn in a form approved by the city attorney. Sec. 9-77. Approval of final plat. The city commission may approve the final plat, considering any applicable agency reports, if the plan is in substantial conformity with the approved preliminary plans and if it complies with regulations established by this chapter. Action by the city commission may be taken expeditiously, but not to exceed thirty (30) days after receipt of the final plat and supporting data by the city unless delay is requested by or caused by the applicant. If the commission certifies that the development has met all requirements hereof, the plat shall be endorsed as finally approved by the mayor and attested by the city clerk in order that the same may be recorded among the public records of the county. 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 original linen is signed and sealed, and the plat and deed restrictions, 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. July 27, ] 998 CONSENT AGENDA ITEM Page 4 FINDINGS: (1) final Engineering for this project was approved by the City Commission on January 12, ] 998. (2) The Reserve Clause desired by the Commission is found in Article X, Section 10.8.9 on Page 31 of the Covenants. (3) The City Engineer has approved the engineer's estimate for the construction cost of the water and sewer system for this project to be $57,567.50. The ten (10) percent maintenance bond required is $5,756.75. The developer is providing a maintenance bond in the amount of$5,760.00. ( 4) Recordation of the plat and covenants, and acceptance of the water and sewer system will allow building permits and certificates of occupancy to be issued. CONCLUSION: This plat and covenants, as submitted, satisfY all applicable laws and regulations. RECOMMENDA TION: It is recommended that the Commission approve the recordation of the plat and covenants in the Public Records of Seminole County, and to also accept the water and sewer system for City ownership and maintenance. ATTACHMENTS: June 17 1998 - City Engineer Memo to Land Development Coordinator July 8, 1998 - City Engineer Letter to Charles Madden, P.E. July 13, 1998 - Land Development Coordinator memo to City Attorney (without attachments) - Covenants (Reserve Clause in Article X, Section 10.8.9 on Page 3 ] - Title Opinion Maintenance Bond July 27, 1998 CONSENT AGENDA ITEM Page 5 Plat COMMISSION ACTION: NOTE: It is requested that the plats be returned to the Land Development Coordinator once the meeting is over. These are used to distribute the addresses assigned to the subdivision to the concerned agencies. Fidelity National Title INSURANCE COMPANY OF NEW YORK PLAT CERTIFICATE FIDELITY NATIONAL TITLE INSURANCE COMPANY OF NEW YORK 2211 Lee Road, Winter Park, Florida 32789 July 7, 1998 FNTIC #9863941 DRH TITLE COMPANY OF FLORIDA, INC. 6250 Hazeltine National Drive, Suite 102, Orlando, FL 32822 Legal Description: Lot 18, Block B, D.R. MITCHEL'S SURVEY OF THE LEVY GRANT ON LAKE JESSUP, according to the plat thereof, as recorded in Plat Book 1, Page 5, of the Public Records of SEMINOLE County, Florida, Less and except the fOllowing described property. Beginning at the Northeast corner of Lot 18, Block B, of D.R. MITCHEL'S SURVEY OF THE LEVY GRANT ON LAKE JESSUP as recorded in Plat Book 1, Page 5, of the Public Records of SEMINOLE County, Florida, thence, run Northwesterly along the Northerly line of said Lot 18, 492.8 feet, thence Southeasterly 498.8 feet to the right of way of Brantley Avenue, thence Northeasterly along said right of way 10 feet to the point of beginning for right of way for Orange Avenue. Also less and except the following described property-SEE ATTATCHED EXHIBIT "A" A search of the Public Records of SEMINOLE County, Florida, through June 24, 1998, at 5:00 PM, reveals the following with respect to the legal description of the property set out above and made a part hereof (Said Legal to be platted as Tuskawilla Trace: 1. The apparent record title holder is D.R. Horton, Inc., a Delaware Corporation by virtue of Special Warranty Deed, recorded in Official Records Book 3361, page 1243, and Quit Claim Deed recorded in Official Records Book 3392, page 926. . 2. Unsatisfied Mortgage or Liens encumbering said property are: None of record. 3. Restrictions, Easements, Agreements, Ordinances and other matter of plat affecting said property are: a. Ordinance 94-7 recorded in Official Records Book 2771, page 1835. 4. Other information regarding said property includes: T- . .~~~ .~ ~~ .~ ~~ ~ . TUSKAWILLA TRACE SHEET 1 OF 2 A replat of a portion of Lot 18, Block wBw, D.R. Mnchell's Survey of the Moses E_ Levy Grant lying in Section 31, Township 20 South, Range 31 East City of Winter Springs, Seminole County, Florida LEGAL DESCRIPTION: LINE TABLE CURVE TABLE LINE DIRECTION DISTANCE CURVE RADIUS LENGlH CHORD BEARING DELTA L1 N 02'53'46" E 25.76' Cl 125.00' 108.25' 104.90' N 84'38'00" W 49'37'13" L2 S 06'02'20" E 25.00' C2 125.00' 82.11' 80.64' S 89'22'30" W 37'38'12" L3 N 71'32'53" E 38.81' C3 95.00' 70.53' 68.92' N 50'32'18" W 42'32'13" L4 N 71'32'53" E 47.46' C4 112.50' 76.46' 75.00' N 3T39'52" E 38'56'33" L5 N 26'48"of' E 25.00' C5 25.00' 39.43' 35.47' N 74'59'25" E 90'22'25" L6 N 66'34.56--- E 40.14' C6 53.00' 10.87' 10.85' N 65'41'51" W 11"44'56" L7 S 14"00'33" E 48.38' C7 150.00' 99.1S' 97.35' S 89'29'32" W 3T52'17" La N 09'59'46--- E 53.80' C7A 150.00' 40.66' 40.54' N 79'20'17" W 15 '31 ' 55 " L9 N 18'53'20" E 2.59' C78 150.00' 58.48' 58.11' S 81'43'35" W 22"20'22" - L10 S 18'11'36" W 13.72' C8 100.00' 65.69' 64.51' S 89"22'30" W 37'38'12" L11 N 27'36'12" E 31.24' C8A 100.00' 33.86' 33.70' S 8015'26" W 19'24'04" L12 N 02'02'16" W 46.15' CBB 100.00' 31.83' 31.69' N 80'55'28" W 18'14'08" L13 N 18"53'09" E 19.71' C9 25.00' 39.27' 35.36' N 26'48'24" W 90'00'00" L14 N 71'48'24" W 15.31' Cl0 25.00' 30.77' 28.87' N 53"27'28" E 70'31' 44" Cl0A 25.00' 9.58' 9.53' N 29iO'33" E 21'57'55" C10B 25.00' 21.19' 20.56' N 64'26'25" E 48"33' 49" ell 50.00' 218.63' 81.65' N 36"32'32" W 250'31' 44" C11A SO.OO' 7S.36' 68.43' N 4S.32'31" E 86"21'37" e118 50.00' 22.50' 22.31' N 10'31'41" W 25"46' 47" C11C 50.00' 49.14' 47.19' N 51'34'22" W 5618'36" Cl1D 50.00' 21.19' 21.03' S 881>7'53" W 24i6'53" CllE 50.00' 36.62' 35.81' S 55'00'28. W 41'57'58" CllF 50.00' 13.82' 13.77' S 26'06'32" W 15'49'53" C12 25.00' 39.27' 35.36 ' S 63i1'36" W 90'00'00" C13 25.00' 30.77' 28.87' N 36"32'32" W 70'31' 44" C14 50.00' 218.63' 81.65' S 53'27'28" W 250'31' 44 If C14A 50.00' 54.04' 51.45' N 32i 4'20" W 61"55'19" Cl48 50.00' 36.45' 35.65' N 84'05'07" W 41'46'16" C14C 50.00' 55.91' 53.05' S 42'59'35" W 64"04'19" Cl4D 50.00' 25.66' 25.38' S OS44'51" E 29"24'32" C14E 50.00' 46.56' 44.90' S 45'07'45" E 53"21'17" C15 150.00' 98.53' 96.77' N 89.22'30" E 37"38'12" C15A 150.00' 63.44' 62.97' S 83.55'22" E 24.13'56" C158 150.00' 35.09' 35.01' N 77i5'32" E 13'24'16" C16 100.00' 86.60' 83.92' S 84'38'00" E 49'37'13" C16A 100.00' 59.85' 58.96' N 87.42'07" E 34i7'26" e16B 100.00' 26.76' 26.68' S 67"29'17" E 15.19'47" C17 2S.00' 39.11' 3S.24' S 15.00'35" E 89'37'.3S" A replat of a portion of Lot 18. Slock US", D.R. MITCHELL'S SURVEY OF THE MOSES E. LEVY GRANT, as recorded in Plat Sook 1, Page 5 of the Public Records of Seminole County, Florida. Seing more particularly described as follows: Commence at the Southeasterly corner of said Lot 18; thence run North 71"48'24" West along the Southerly line of said Lot 18, for a distance of 15.31 feet to the Point of Beginning; thence continue North 71"48'24" West along said Southerly line, for a distance of 830,18 feet to the Southwesterly corner of said Lot 18; thence run North 18"53'09" East along the Westerly line of said Lot 18, for a distance of 639.24 feet to the Northwesterly corner of said Lot 18 and a point on Southerly right-ot-way line ot Orange Avenue; thence run South 60"17'50" East along the Northerly line of said Lot 18 and said Southerly right-at-way line, tor a distance of 456.47 teet, thence run South 59"08'05" East along said Southerly right-ot-way line for a distance of 477.88 feet to a point on the Westerly right- of-way line of Tuskawilla Road; thence departing said Southerly right- of-way line, run South 29-48'12" West along said Westerly right-of-way line and said Easterly line for a distance of 452.54 feet to the said Point of Beginning Contains 11.045 acres more or less. NOTES: _--" All lines intersecting curves are radial unless otherwise noted as ( N.R. ). Bearings shown hereon are based on the Westerly right-of-way line of Tuskawilla Road, being an assumed bearing of South 29"48'12" West, for angular designation only. There is a 10 foot utifities easement on all lot lines abutting interior street rights of way, unless otherwise noted. LEGEND: (N.R.) Denotes non-radial U.E. Denotes utility easement O.E. Denotes drainage easement Denotes planting / screening & wall easement P.S.W.E. Building Setbacks: Front - 25.0' Rear - 25.0' Side - 7.5; Side adjacent to street on Lots 13 & 19 - 25.0' R/W ct Denotes right-of-way Denotes centerline . Denotes set 4x4 concrete permanent reference monument pis II 5205 Denotes set p.k. nail & disk and/or 1/2" iron rod permanent control point pl5 # 5633 Minimum Lot width at building line is 75.0' Planting, screening, wall and landscape easements are dedicated to and maintained by the Tuskawilla Trace Homeowners Association. @ P.R.C. P.C. P.T. Denotes point of reverse curvoture Denotes point of curvature Denotes point of tangency Drainage easements and utility easements are dedicated to the City of Winter Springs. A perpetual non-exclusive drainage, utility and access easement over Tract "0", View Point Place and Trace Point, private roadways, is dedicated to the City of Winter Springs. P.1. Denotes point of intersection Perpetual non-exclusive conservation easements on Tracts "s" and "c" Conservation Areas, are dedicated to City of Winter Springs. R.P. Denotes radius point Access rights to Lots 16 and 17 from Orange Avenue are dedicated to the City of Winter Springs. Access rights to Lots 1 and 24 from Tuskawilla Road are dedicated to the City of Winter Springs. 1420 EAST ROBINSON STREET ORLANDO, FLORIDA 32801 (407) 897-1443 I THERE MAY BE ADDITIONAL RESTRICTIONS THAT ARE NOT SHOWN ON THIS PLAT THA T MAYBE FOUND IN THE RECORDS OF SEMINOLE COUNTY, flORIDA. _ v:.;:/ "~V~ ~..... (~( ~~' ~'-- -~/~\ LAKE JESSUP ~ ~ (C\ \ \ \ _ ....:-.--. "':;:-_, 'a ~~. ~.--- -........ ~ ~ --- ~,. -'-- .. ~ SllE - -. .~.~~... '\ 10. \\ \\ l~ ~~ rl ! .::,... ~ i cc \~ ~ 4.34 1 ( g ITI ITI I~F /~-' /'/ \ ) / 17 .? Access rights to Lots 1 through 1 0 from the 30.00' unnamed road right-of-way are dedicated to the City of Winter Springs. Tract " A" Retention Area to be owned and maintained by the Tuskawilla Trace Homeowners Association. <419L V tracts "S" and "C", Conservation areas, to be owned and maintained by the Tuskawilla Trace t"tomeowners Association. ~ WINTER SPRINGS I . - Tract "D", View Point Place and Trace Point. private roadways, to be owned and maintained by the TuskawiHa Trace Homeowners Association. ~ NOTICE: VICINITY MAP NOT TO SCALE ~ ~ ; ~ \" PLA T BOOK PAGE TUSKAWlllA TRACE (A REPlAT) DEDICATION KNOW ALL MEN BY THESE PRESENTS, that the corporationan named below, being the owner in fee simple of the lands described In the foregoing caption to this plot, hereby dedicates said lands and plat for the uses and purposes therein expressed and dedicates (I) planting, screening, wall and landscape easements to Tuskawilla Trace Homeowners Association, (ii) Drainage easements and utility easements are dedicated to the City of Winter Springs, (iii) A perpetual non-exclusive drainage, utility and access easement over Tract "0", View Point Place and Trace Point, private roadways, is dedicated to the City of Winter Springs, (Iv) Perpetual non-exclusive conservation easements on Tracts "B- and "c" Conservation Areas, ore dedicated to City of Winter Springs, (v) Access rights to Lots 16 and 17 from Orange Avenue are dedicated to the City of Winter Springs, (vi) Access rights to Lots 1 and 24 from Tuskawilla Rood are dedicated to the City of Winter Springs, (vii) Access rights to Lots 1 through 10 from the 30.00' unnamed rood right-of-way are dedicated to the City of Winter SprIngs, (vii) Tract "A" Retention Area to be owned and maintained by the Tuskawilla Trace Homeowners Association, (ix) Tracts "8" and "C", Conservation areos, to be owned and maintained by the Tuskawillo Trace Homeowners Association and (x) Tract "0", View Point Place and Trace Point, private roadways, to be owned and maintained by the Tuskawilla Trace Homeowners Association. IN WITNESS WHEREOF, the corporation has caused these presents to be signed by the officer named below on , 19-, by D. R.H.I., Inc. B~ __________~------ Name: _______________ Title: _____---__________ Signed and sealed in the presence of: By By PRINTED NAME: PRINTED NAME: STA TE OF COUNTY OF The foregoing instrument was acknowledged before me t~____________ by ~---------------- ~------------------------------, o ___.__-----------corporation, on behalf of the corporation. He is personal! y known to me or has produced________________ as identification and did/did not take an oath. NOTARY PUBLIC Printed Nome' COMMISSION NUMBER MY COMMISSION EXPIRES CERTIFICA TE OF SURVEYOR I hereby certify that this plat is 0 true and correct representation of the lands surveyed, that the surVey was made under my responsible direction and supervision, and that the survey data contained herein complies with all of the requirements of Chapter 177 of the Florida Statutes. I further certify that I have complied with the requirements of Chapter 177.091 (7) regarding "permanent reference monuments", and that the land is located within Seminole County, Florida. Dated_____________ Signature________________________ PRINTED NAME: Florida Registration Number CERTIFICATE OF APPROVAL BY MUNICIPALITY THIS IS TO CERTIFY, Tnat on______________ the________________________________ approved the foregoing plat. ---------------------------------- ATTEST: MAYOR ________________________CITY CLERK CERTIFICATE OF CLERK OF CIRCUIT COURT I HEREBY CERTIFY, That I have examined the foregoing plat and find that it complies in form with 011 the requirements of Chapter 177, Florida Statutes, and was filed for record on _______ at____________Fil e N 0________________ CLERK OF THE COURT in and for Seminole County, Florida B'( _____________________ D.C. 1420 EAST ROBINSON STREET ORLANDO, FLORIDA 32801 (407) a97-1443 ~~" ~~ ' ~ 1v<li>JJ,."E-~ " ~ " , , Qol~~ ~ ~-i ~ ~ TUSKAWILLA TRACE PLA T BOOK PAGE " A replat of a portion of Lot 18, Block "8", D.R. Mitchell's Survey of the Moses E. Levy Grant lying in Section 31, T ownahip 20 South, Range 31 East City of Winter Springs, Seminole County, Florida SHEET 2 OF 2 "- ~ $60 " >so.~'~ ~, '-- ......... ~~, " , >s its; "" "0' ~ ~/,I " ......... "- ~ ~ "- ~ ~ l!::Q i? ~ ~ (.n . V vj :..Q:;.>.. &) \ _ W I" 0~~ o IS "X '"-I r ~ -.../ co v) (;? <: t.... 0 " - I -- ..:; k f;/f~ --;/:::!9:: ....... c.,., ~. .>- 0:'2; c::j' .......; "- GRAPHIC SCALE 1.31..18' S 7,. (tv.!?) 48'<4" ~ ,~ ~( ~TAt.AI"- vO' 'VQ "- -?/O~ ~ At ~ ~ S ::'O~~.o/U~~ ~ Ss- ~~r~ "- q9. ) "- ~~ ~ ^ ~, vlj>-f1v, " ~..~OO ~ ~ "- ~~~~{r ~e(~~~ " ~ Q 1j>/~l: ~ ........ 1r 8~~(. r ~ -9. ecb~ " '" J)~ ~~~ (N.. ~ ~;~r ~.e~, ~ ~ J) (.JM ~ . , lOr -... Q:-Y 'fQe- ~ a "'" '" . 'oQ '{1 " / 25.00' ~ " .~ 30 I 60 I Is .Ir, !t~ :j8 ~~ !. !!}' ~~ -..J LOT 17 ~ ~ ~ 0 ev ....... ~ .~ ("~ ~ ( IN FEET ) 1 inch = 60 ft. TRACT .. A" RETENTION AREA LOT 18 ...... LOT 10 t.. 15' D.E. ct U.E. / 15' D.E. &: U.E. ~I ............ 118.9;:- Soll'f1.,~ ...... l)- (INt ............... / / SOlin., ~S7h. ccii"'L y Of;- Lor'NtR 18 t?/fy 1Vl.____. ...... ~ ...... / / ...... ............... ...... LOT 2 , o:~ ~:o b ..Iv) OJ ;: o. ~ co - - 0 10.00' N 3010'37- E 21.14' / N 15"00'35- W ~ / Y / ~S-,. LOT 1 /..~ ~ ~':~ ~ . cA . Ch .}.. 0 "OJy~1 "- ~~.V' $IJ' ~~ "- tV'" ,~ i ~ (4 la' P.S.W.E. .... ~ OJ I ....~ ( A I\tl>~ ~ Ie>.>' G, / <f..;> / "~~~ /11(;' 10' O.L k U.E. / I~ I L ;~.,~/ / ' ~~~,~ 'I 25.00' ~ ~ / 40.00' I / / / ;J / NOTE: SI:.I:. SHI:.I:-- I 1 0.. L .. O~ LI:.GAL IJI:.SC~IP liON, SU~VI:-- YO~'S NOTES. LEGEND. CURVE TABLE & LINE TABLE. 125.00' ~~ POINT OF COMMENCEMENT SOUTHEASTERLY CORNER OF LOT 18, BLOCK -B-, D.R. MITCHELL'S SURVEY Of "THE LEVY GRANT ON LAKE JESSUP . Fidelity National Title INSURANCE COMPANY OF NEW YORK a. Notice of Commencement filed May 6, 1998 in Official Records Book 3419, Page 480, 5. Taxes and Assessments: Taxes for the year 1997 were Paid in the amount of $737.56, Tax 1.0. #26-20-30-5AR-OBOO-0180, Assessed Value $37,861.00.. Taxes for the year 1997 were Paid in the amount of $600.82, Tax 1.0. #26-20-30-5AR-OBOO-018A, Assessed Value $32,238.00. No search has been made for Judgments of Liens against any party in interest other than the above named record Title Holder. T- . T- Fidelity National Title INSURANCE COMPANY OF NEW YORK CERTIFICATE OF TITLE INFORMATION FOR THE FILING A SUBDIVISION PLAT IN COUNTY, FLORIDA. This certificate is made for the purpose of furnishing the information required the filing of the above reference subdivision plat in accordance with the provision of Chapter 177.041 of the Florida Statutes. It has been prepared expressly for the appropriate governing body as defined by Chapter 177.071 (FS) and it is not to be relied upon by any other group or person for any other purpose. FIDELITY NATIONAL TITLE INSURANCE COMPANY OF NEW YORK BY: ,j}~ / Af?~ , Authorized Representative 00 T- Fidelity National Title INSURANCE COMPANY OF NEw YORK EXHIBIT "A" File Number: 9863941 A portion of Lot 18, Block "B", n.R. MITCHELL'S SURVEY OF THE MOSES E. LEVY GRANT, as recorded in Plat Book 1, Page 5 of the Public Records of Seminole County, Florida. Begin at the Southeasterfy corner of said Lot 18; thence run North 71048'24" West along the Southerly line of said Lot 18, for a distance of 15.31 feet; thence departing said Southerly line, run Nprth 29048'12" East, for a distance of 452.54 feet to a point on the Southerly right-of-way line of Orange Avenue; thence run South 59008'05" East along said Southerly right-of-way line, for a distance of 15.00 feet to a point on the Westerly right-of-way line of Tuskawilla Road point also being on the Easterly line of said Lot 18; thence departing said Southerly right-of-way line, run South 29048'12" West along said Westerly right-of-way line and said Easterly line, for a distance of 449.18 feet to said Point of Beginning. r~/26/1938 16:e8 ae783~~~ANNE HO:~SE CL:?I\ OF elF-CUlT ::UUi:.: SEHlllOL: COUrj~':'.:~ HIGLEYANDBARFIELD RECORDED & VERIFIEO PAGE. F12 " . . ~~'.~ '. -': - . 2 0-8 5 9 I 1998 HAY 27 PH 2: 34 SPECIAL W.ARRA.1\fTY DEEQ T'~<~;' WARRANTY DEED is made thi.5;J.'7 day of rYlMC~ .1998. hctwe::n D.R. HORTOr.:. iNC., a Delaware Corporation whose 8ddres~ is 6250 Hazeltine National Dr. # 1 04. OrJanJ.:). l:;J 32822, hereinafter called the Gnmtors, and SEMINOLE COUNTY. a politi::al ~ubdivi~;(':.l o[the State of Florida. whose addrC33 is Seminole County Services Building. 1101 East First Str:;:::L Sanford, FL 32771, hereinafter ~Ued the Grantee. WITh"ESSETH : T.-,. the GrantoT:\, for and in considerarion of the sum of ONE AND 010/100 DOLL.\RS ($] :X.~: .::.:-:01 '.11her valll?bk ~nd considerations, to Grantors in hand paid by the C'rrantee, the n:c.':ipt "_. whereof :.-; h~reby acknowledged by the~e presents does grant, bargain. sell, release, convey 3nd c ~ Z e:::' =:.( r-: u..J ........ t-._.~_.- --' j , -? d 1-' , -; ~ d c::> : 1'; c -t...... i ,- E .. I ! -- : ' I I "" 1 c:. I \-; .~ \ '" c > c a: .., " >- > E ;; C ::> :0 ~~ "" confirm lill~O the Grantee, it3 beirs and assigrlS fore....er. all that certain land lying and being. iri the .-0 Count:; ,,:- '~=minole, State of Florida, more particularly descri~d 8.3 follows: c..;c (jl - Q'" rTl .:.Aj 0 " :t :;-::;t: :z:: - o r- ,.. _"h~'<~""""'" . go,. . 1) : ...." \.D >:. r- N .::>l CJ1 '1( A :y.:rtlon of Lot 18, Black "B". D,R ~1ITCHELL'S SURVEY OF TIlE MOSES E. .... LE VY-'Ui6_1:-lT._as~H::~lat.lio.ok...l,_Page_5_of _thc_~li~...Recor_d.s_of 5"rr: inole County, Florida Bei"g more particularly described as follows: Begin at the Southea.qterly corner of said Lot 18; thenC1: run North 71 "48'24" West along the Southerly line of said Lot 18. for a di~1ance of 15.31 feet; thence departing said Southerly line, run North 29"48'12" East, for a distance of 452.54 feet to n point on ~r.;; Southerly right-of-way line of Onmge A\'CDue: thence run South 59"OS'OS" ? ~:,[ along said Southerly right-of.way line. for a distance of 15.00 feet to a point on th Westerly right-of-way line of Tuskawilla Road point also being on the Easterly lin:: of said Lot 18; thence departing said Southerly right-of-way line. run South ~<).. :g'l2" West along said W~erly right-of-way line and said Easterly line, for a :l:."',.,nce of449.18 feet to said Point of Beginning. Contains 0.155 acres more Or less. Subject to all easemerlt, restriction!' and reservations of record, if any. however the reference thereto Jhail not operate to reimpose the :\ame. 7.,~~..- r.' . ~~l/21;/ 1 <;\';18 1&: ~~ al'l78348&&~ HI GLEVAND8ARF Ieff lei A L R f. ell ROS BOOK nfl(';~ PAGE f:l3 ..,.....1 3431 SEHINOL~' co. FL TOGETHER with all tenement;" hereditaments and appurtenancc~ thereto belonging or in 0926 anywi~e appcnaining. TO HAVE AND TO HOLD the same in fee simple forever. A~D ~'e GrZll1toI1l hereby covenant with :laid Grantee that they arC' lawfully seized of !:BiJ land in fee simple; that they have good right and lawful authority t(1 sell and convey said land: Ih3t they he~by fully warrant the title to said land and will defend the same against the lawful cl!lim~ of . ~ all per30n whos~ claims are by, through or Wlder Grantor's title.; and that ~a.id land is free of all encumbrances, cxcludioi covenan~, condition:'> and restrictions found in the: Public Records of i1/ Seminol:: CJ:..;n~y and except for those whose con~ent is included herein. ""-j :."i " ,OJ' . '.J fN WITNESS WHEREOF, the Grantors have hereunto set their hand and ~cal the dai:an t".licII<-' year first above 'mitten. WITNESSES: Signed, 3ealed and dellve~d in ou ~ Pri Print Name: . Grantor r-i . \ STATE OF r I Dna A..> COUNTYOF D~e The fo~egoin~ in~ent Wl!$ aclp}qwle~d _b_efO(c me, this;t] day of rr/af~. 19q'l by ~~ ~ :ilce ~I~ ,who an: pe..vonally kno~ to me or who have produced as identification and who did (did not) take an oath. f'Y'\ Witness my h..8fld and official scal in the County and State last aforesaid this s21.. day of ~ ,1~1-. .' , ..-..' / ./ "'-.--' .: d1:1 I ::::-.r" . .. , .::,~-"""" .t~'"'" LEGAL DESCRIPTION: : "/;':.'.': , ! ~ . :'~'. SKETCH OF DESCR.~P!I0'343 \... 0921 SEHIMOLfco,' FL . :.... A portion of Lot 18. Block "8", C.R. t-4ITCHELL'S SURVEY OF THE MOSES E. LEVY GRANT, os recorded in Plot Book 1, Page 5 of the Public Records at Seminole County, Florida. Being more particularly described os follow!: Begin at the Southeasterly corner of seid Lot 18; thence run North 71'48'24" West along the Southerly line of said Lot 18, for a distance of i 5.31 fee:; thence departing sold Southerly line. run North 29'48'12" East. for 0 distance ot 452.54 feet ta 0 point on the Southerly right-at-way line of Oronge Avenue; thence run South 59.08'05" East olong soid Southerly right-ot-way line, foJr a distanc~~ of 15.00 feet to 0 point on the Westerly right-oi-way line c.f Tuskawilio Rood point also being on the Easterly line of said Lot; 8; thenc~ deporting soid Southerly 'rlght-of-way line, run South 29.48'12" West along saij Westerly right-of-way line and said Easterly line. for 0 distance 449.18 feet to said Pain t of 8eglnnl~.g. ..~.' ,~.. . , j J \ , Con tains 0.155 acres more or less. SHEET 1 OF 2 J .1 ! ...j .., ..1 .>::\ ',~;)I .~ ":~ '''-'I ~~"l ',~""r. ,,':', '~'~I' '~~.. ~'I 1420 Ecnt Robinson Street ()bldI. ~ l2IIlI' ( 407 ) 1187 -144.3 LEGEND: R/W Denotes right-of-way ~ Denotes cen tral angle R Denotes radius L Denotes ore length Cf. Denotes centerline O.R. Denotes Official Records I. 2- J. SURVEYOR'S NOTES: . ... JOe NO. 1lllll:lO DATt: 12/10/117 SCALi:: N/A nELD BY: N/A CAlCULA TtD BY: ..\.R ORA"'" BY: ..\.It CH(CK(o BY: ..\.It . " # -.. ....,' " ~#o ..... ~o~ ". -" :'iJI c;~ r ." .~__< .....~7~.::. .~~~\.::!~,~~~}t:'?"~. . . ~ ~_ ..._ '.t. ,. , \ ., ~ .l!~ . ~\I..) ,"~9~ #. ~~\~~ . ~ ~ .(p~ ~ J I .1 ~'; .:1 .~... -"/It- ....Il/lt- --- Sov~)' L1I.tc Qr-, Jo' Or 'e!, .... UN .... 8tfl<o... .... 'N ~Irt .... -'"'f '8' ~~CHr~\ .... W-4 y ~ . . ...... 4.J ~'c.. ( :'! , , ~ '/l ,QJ .:. Iy ~ S'I" :5~' ~ .,/ ,-J -' Qj .0') "..V> cf oJ -.. 'OJ ,_ I-.. ltJ ~ c.JC~ ..J J... "<. .;:U -'" .\.. /}:'l:~ Q'-- / / / / / SHEET 2 Of' 2 ..' . ~f:~f~.. r~~~ ....;I'~.; .', ~~i ~ ;-.; 1420 EOIt Robln.on Street ~ ~ J3IlI' ( 401 ) 111-1441 -'.' .'. . -. ".: ~...l--'~ .. :......H " . - ~., . PAGE SK~TeH.~~OF DESCr\! N " '''~ t. '1 \. Jl ~ 2 8 ....... "- ~ "-"1:.---3-'+-V.. , .,' - . ". - -',-. "" SEH1WOL( co. FL "~~ ~ -"h ~ ... ~~ '- ~ 'It l,...b... ~"o' .....~.."A ~r '..,,,.. ~ ~(;)^" l.... ...,., ,. .. c,., ".. ::"1:........ - '(. Q.- ~ At-.. ~ lo, q~~~~,..~lI~ I~~" - ~~I~l' 01:-"- ~-9~" "'c.., "<f~y(<_~ -.....:...:l.. r " J ,,) ~ -'\--.....::: s" gbe, '" 0.,400, (" ~~ fU:~.l,' IJI)P~ III Lei ; 8. ~Lf)::;( "3- ( NfJ r INCl.UOm ) ~ ~ .... 101.. . ,~ "'.8' .J" 2.- W POINT OF BEGINNING SOUTHEASTERL Y CORNER ~ LOT Ill. 9LOO< "B". D.R. MITCHElL'S SURVEY ~ THE LEV'" GRANT ON !.ME A:SSUP THIS IS NOT A SURVEY JOG NO. 9119~ OAT(: 12/10/97 SCAU:: I' - 100 rEET nno BY: N/A <:AlCULA TEO BY: ..lR ORA.... BY: ..lR CHEOCEO BY: .A.R -..."'.... . ." ..... . r. , . . ~u I l. ,.OR R!c.2BD.fIC-_~~:. :.: ... ", ..., I I ! i I I THIS INSTRUMENT PREPARED BY' K. WEED . DRH no. C-paIly 6150 HudUDr NaUoaaJ Drift, Sultr 102 ()rtalldo. Florida l2I12 '. RECORD AND'Rio.TURN TO: URII no. COlllpu)' 6150 H..1t!. Natloaal Drh-e. Sulk 102 ()rtaDdo, Florida 32122 :. <) Q ;.::) -.., .4:"" r- co '.ER....rrNO. __________________ TNCPOUONO. 0 . The adcnig;led bereby gi'oU coticc 1ha1 im . ~t td,= ~I~ ,"1oricb SUtIllcl., the following ~:::~~ isw;,~'::J~ ~ce~aj.n rc(\~r"perlY. and in ""wrd""cc DO force aDd dfed if CXlOStruclioo is DOl coma:enccd .":un . 011C;C 0 ommencemenl. T!::.\ :-;"1;",. I Dc.cr'pC' 01 he . \lilt nmelY \~.)) cL)" afler rccord:"i.,,, . 1 lOll I property: Lac II,IYock 8. 0 R. MTTCKEL OS SURVEY fIo<>lI I..... S. I'ltblk R<<onb 01 Sc:mlAok COOJO~ Flori'" T L "'. OF LEVY GRA.', ON LAKE JE.~,"t'P. Pin' . .'/ ..... 0 "" r..tt.rd .. Tu.u..l1Ia Trace 2. (,cBCral docripCiun of lbe imptmICmeut: COGatnx1 Wall J. The owner. D." nORTON.INC~ A DELAWARE CORPORATION ~~~~"~fL-r::: ~~~"ta DRIVE. ORL\NDO, F1.ORJDA J2!11 ) ()wftcr. Inl"eot 1ft ute ollbe imprllvcmenl: Ycc: Slmpk " ( .\. Fcc Simple Tille f1oldc:r (if ocher lhan Owner): \ . - Name: D. .. Hor1oa, 11le. '_ Addr-cu: 6150 Hudtl_ NalioGal Or. #104. OrIaodo, FL J28l2 5. Conlr actor. G HJ C oaatrodIoa. J.c. Addrc:u: P.O. BOX 611055, ChWdo. FL J2761.1055 Phooc 407-J49-~ Fu: 407-349.134.5 b. Surety (if aDY): '. AddTcU: Pboac: Fax: AmOWlI 01 Bond: SO.oo A ropy olthc payment bond (ir any) is allacbcd hcrelo a.' Exhibil . A'. 7. Lender: CD :..u Addrcu: I '" ~ ,., PhoDe:: . Fax: ~ II =z: 8 >- ::0 1l. Name and a<ldrc", or pcDOCl within the S~le or Florida d - I d -: g Jocume~~J:;? be served U~avidcd by Florida Slalute Sed~I~.I~IW~;r;;er a., penon upon whom noticcsOJ ofhcr~ AddreM: ' A" ?i: < Phooc:: 'Fax: ~ '" = ~ . ::;:; 9. !he. 0WDCr bas de~~ted lhe rollowi .. ..' ~ is In Scdlon 713.t3(I)(b) oflhe F10rida SU~ In addilloo 10 hllnself, 10 recclVC 3 copy or Ihe lienor', nolicc 3' provid~d Name: DRH ntJe C.-paay 01 Florida, IDC. ~~~:;:O HazdtlM NatloGaJ dr. #102.. Qrlaodo. n. 32822 I L_____n_.._ __ __no _ NOTICE OF COMi.1ENCEMENT vi - cu~~ fTl <:) , :r .::> +r \.0 T- z . . c-, 0 J~ r- ,..... , . .1 ".r ,'If'1 "C .,' .r . 1. r ).\ '.' . ..... <D = <D "'-J = " ;'. . '-..-. . ;,,":.r ::;';'"' , cr:. C -. .1.". '1~": 10.. Expiratioo dale of Notice of Commeneemeot' (th . - da . a different date is specified): April 9. 1999 . e exptnoon te IS one (1) year rrom thc dale or recording unlc,,' The recording or lha Notice of Commeoa:meot does 01 real property, bu. gives coostructive oolicc that claims or lien ~ay c ~~~1~::: :~.::::.-". ....... ,~..,:(.I:"'.~~,;w: I ';7.~*f\~~.. ! :':"(~~:;!5:'." I ::.;~~r:r ! - .":-i:': ~<:}...'.' ..." ?[~':};;]it~:.~ . ~-:.?,~.~-~~~.- ........ . ~~<~ . '.'. - .. ~ '.- 1~~"~;~::.<":'::';~1 ," ~ ~.., .... .: -, ._.;~..-: .: .....:: :.... .' ':. . : . ..... '.~ ~ ',.:.. :~:.;~ '.._~ . J . '~f. . _.~~~:{~) .. ..... ~.~ '. . :" ~~$I{ii:(::.: . .J......; _. "~~>1>'~;'",-: ~ .:_:)}~:- .> ~fjh7;~ !:g~ ::: ;: i"Y..iii. ~, ,; ~~:";' " . : . 78<~~' ~~i;f:!l2;1 ----. .. . . J .~;. .. ,\..: ,....:....~..;..~...... STATE OF FLORIDA . COUNTY OF OllNGE The foregoing i~rumeDl ....... ackDowIcdacd bdorc me thia 9th day of April, 1991 by l),n1d V. Auld, VIce Prnldal 01 D.ll HORTON, 1t-iC.. A DElAWAJUt COllPOaAnoN, CD beh&If of the corporation. He/She is pcnonally kllowa to me or has prod'" u identification. ;' (Tille: O'C RA1:x) (Sc.na.I riD., II ..,,-,y- ,~.', ~: '. ... 'J \. .. ........ .... -..--" i.~~~...: ;;,. :-:. ..:,~~- . Ci....:,t~. ...... ~ .. I ~ _" ..............,........ ~ ~............ J.-..aae..... .....; V' r"1 ~ X o ,... ~ o. o ." r OJw 0"'" 0"'" \.D ~n l> ," :JJ :" 0" n r ~!g ex> .::-;~ -. '""-'~! . ;~II~ ~ t,.': ,:..-l;.. <-~!t~~....) 'i'&~l~~' .' "'. ~",' ,=. . . ".' ,....,. . ': ::.~..::. ~.. ':.:';::~Y!.= .. ...... . . :.:..... " ',!"'.f:~' '.:. ..'. H4~~:~~'c' .. .;.~-..;.' ...... -~~~'":; . '. :~'\{~~~k;~JJf~~;!' . ~~~~~ttt~tN<t;:;~~. ~~~1i: .. .'. . ......~ .....'.1".... . I ~. '" "r,::' ~.:~~E:~!' ':.' \ . ~ ':.. :I~' . .::.'::;~';t.',.NS:" ..';' ,- ..... .~ ......., '~~".-: i:lllit ;0Fv.:~';'~"",q;.,. :'~"~' ;~... ::';'!.-.1' l~ ;.' ;~. -;;. -:l' Bond #367155 MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS, That we, D.R. Horton. Inc. , hereinafter called the Principal, and Seaboard Surety Company, a New York company, with principal offices at Bedminster, NJ hereinafter called the Surety, are firmly bound unto the City of Winter Springs, in the full and just sum of Five Thousand Seven Hundred Sixty and 00/100-------($5,760.00) Dollars, lawful money of the United States of America, to be paid to the said City of Winter Springs. to which payment well and truly to be made we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. Sealed with our seals and dated the 25th day of June. 19 98. WHEREAS, THE ABOVE bounded Principal entered into a contract with the City of Winter Springs. dated for NOW, THEREFORE, the condition of this obligation is such that if the above bounded Principal shall remedy without cost to the said City of Winter Springs, any defects which may develop during a period of two years, beginning 7/27/98 to 7/27/00, under said contract provided such defects are caused by defective or inferior materials or workmanship, then this obligation shall be void; otherwise it shall be and remain in full force and effect. IN WIrnESS WHEREOF, the said Principal and Surety have duly executed this bond under seal the day and year above written. ATTEST: For verification of the authenticity of this Power of Attornev Vall mav call, collect. 908-658-3500 and ask for the Power of Attornev clerk, Please refer to the Power Declaration of Covenants, Conditions, Easements & Restrictions for Tuskawilla Trace Prepared by and return to: Clifford B, Shepard, III Shepard, Filburn & Goodblatt, P,A, 221 Northeast Ivanhoe Boulevard, Suite 205 Orlando, Florida 32804 Table of Contents RECITALS .................................................................. 1 ARTICLE I DEFINITIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 1.1 "Architectural Review Board" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 1.2 "Assessment" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1.3 "Association" . . . . . . . . . . . . . . . . . . ~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1.4 "Board". . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1.5 "City" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1.6 "Common Expenses" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1.7 "Common Property" ............................................... 2 1.8 "Common Streets and Roads" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2 1.9 "Community Wall" ................................................2 1.10 "Construction Plans" ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1.11 "County". . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 1.12 "Declaration"... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 1.13 "Developer"..... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 1.14 "Tuskawilla Trace" and "Tuskawilla Trace Community" . . . . . . . . . . . . . . . . . . . 3 1.15 "Governmental Regulations" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 1.16 "Institutional Lender" .............................................. 3 1.17 "Improvements". . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 1.18 "Lot(s)"... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 1.19 "Member"....................................................... 4 1.20 "Owner"......................................................... 4 1.21 "Plat". . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 1.22 "Residential Property" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 1.23 "SJR WMD" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 1.24 "Surface Water Management System" .................................4 1.25 "Subiect Property" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 ARTICLE II OBJECTS AND PURPOSES .............................................. 4 AR TI CLE III EFFECT OF DE CLARA TION .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 3.1 Covenants Running with Land. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 3.2 Property Affected . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 3.3 Parties Affected ................................................... 6 Page i of vii ARTICLE IV PROPERTY SUBJECT TO DECLARATION................................. 7 4.1 Subiect Property. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 4.2 Addition of Property ...............................................7 ARTICLE V USE CLASSIFICA TrONS ................................................ 7 5.1 Residential Property. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 5.2 Common Property. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 ARTICLE VI PERMITTED USES ..................................................... 7 6.1 Residential Property. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 6.2 Common Property ................................................. 7 ARTICLE VII USE RESTRICTIONS - RESIDENTIAL PROPERTY. ..... .......... ..........8 7.1 Single Family Only ................................................8 7.2 Ownership and Leasing ..... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 7.3 Subdivision. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 7.4 Commercial Activity ......................................... . . . . . . 8 7.5 Offensive Activity .................................................8 7.6 Animals and Pets. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9 7.7 Commercial and Recreational Vehicles. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 7.8 Maintenance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 7.9 Reconstruction of Damaged Improvements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 7.10 Garbage and Garbage Containers .................................... 11 7.11 Burning. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 7.12 Storage Tanks. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 7.13 Mineral Exploitation .............................................. 11 7.14 Laundry and Clothes Drying ........................................ 11 7.15 Radio Transmission Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 7.16 Signs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 7.17 Trees.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 7.18 Drainage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 7.19 Rules and Regulations ....... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 7.20 Enforcement..................................................... 13 7.21 Precedence Over Less Stringent Governmental Regulations ............... 13 ARTICLE VIII BUILDING RESTRICTIONS - RESIDENTIAL PROPERTY ................... 14 8.1 Building Type ................................................... 14 8.2 Approved Plans .................................................. 14 Page ii of vii 8.3 Governmental Regulations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 8.4 Construction. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 8.5 Construction Time. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 8.6 Height Limitation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 8.7 Building Setback Lines ............................................ 15 8.7.1 Lots ..................................................... 15 8.7.2 Comer Lots ............................................... 15 8.7.3 Exclusions................................................ 15 8.8 Other Setback Lines. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 8.8.1 Swimming Pools ........................................... 15 8.8.2 Swimming Pool Decks. Patios and Enclosures ............. . . . . . . . 16 8.8.3 Outbuildings and Accessory Structures. . . . . . . . . . . . . . . . . . . . . . . . . . 16 8.9 Intentionally Blank. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 8.10 Dwelling Size. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16 8.11 Temporary Improvements .......................................... 16 8.12 Garages and Carports. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 8.13 Curb Cuts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 8.14 Driveways...................................................... 17 8.15 Roofs........... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 8.16 Roof Structures .................................................. 17 8.17 Antennas. Etc . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 8.18 Awnings. Shutters and Window Coverings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 8.19 Exterior Air Conditioning Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 8.20 Fences and Walls . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 8.21 Exterior Building Materials. Finishes and Colors ..................... . . . 18 8.22 Exterior Lighting ................................................. 18 8.23 Mailboxes and Other Delivery Boxes ................................. 18 8.24 Underground Utilities ............................................. 19 8.25 Landscaping. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 8.26 Grass.... . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 8.27 Trees... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 8.28 Irrigation Systems ................................................20 8.29 Artificial Vegetation ..............................................20 8.30 Sidewalks...... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 8.31 Precedence Over Less Stringent Governmental Regulations ............... 20 8.32 Waivers. Exceptions and Variances by Developer .......................21 8.33 Architectural Review Board Approval ................................ 21 ARTICLE IX COMMON PROPERTY .................................................22 9.1 Additional Property .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . .22 9.2 Restriction on Use ................................................22 9.3 Restriction on Conveyance .........................................22 Page iii of vii 9.4 Encumbrance as Security. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 9.5 Use by Owners. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 9.6 Delegation of Use ................................................24 9.7 Waiver of Use ...................................................24 9.8 Administration and Care ...........................................25 9.9 Rules and Regulations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .25 9.10 Community Wall ................................................. 25 9.11 Payment of Assessments Not Substitute for Taxes . . . . . . . . . . . . . . . . . . . . . . . 25 ARTICLE X ASSESSMENTS ....................................................... 26 10.1 Assessments for Common Expenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 10.2 Common Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 10.3 Use of Assessments .... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 10.4 Prohibited Use of Assessments ...................................... 27 10.5 Lien for Assessments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .28 10.6 Personal Liability for Assessments ................................... 28 10.7 Types of Assessments ............................................. 28 10.8 Regular Assessments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 10.8.1 Rate of Regular Assessment .................................. 29 10.8.2 Developed vs. Undeveloped Lots .............................. 29 10.8.3 Notice of Regular Assessments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .29 10.8.4 Commencement of Regular Assessments ........................30 10.8.5 Insufficient Regular Assessments .............................. 30 10.8.6 Limitation on Increases ...................................... 30 10.8.7 Payment of Assessments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 10.8.8 Developer Option. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .30 10.8.9 Reserves................. ................. .......... ......31 10.9 Capital Expenditure Assessments .................................... 31 10.10 Special Assessments .............................................. 31 10.11 Individual Lot Assessments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 10.12 Quorum for Action Authorized Under Subsection 10.8.6 and Sections 10.9 and 10.10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 10.13 Uniformity of Assessments ......................................... 33 10.14 ExemptProperty .................................................33 10.15 Subordination of Assessment Lien ................................... 33 10.16 Certificate of Assessments Due. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 10.17 No Defenses or Offsets ............................................ 34 10.18 Waiver of Homestead and Other Exemptions ...........................34 ARTICLE XI NON-PAYMENT OF ASSESSMENTS..................................... 34 11.1 Del inquency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 Page iv of vii 11.2 Notice of Lien ...................................................34 11.3 Foreclosure of Assessment Lien ..................................... 35 11.4 Collection from Owner ............................................ 35 11.5 Judgment Amount ................................................35 11.6 Remedies Cumulative .............................................36 11.7 Satisfaction of Lien ............................................... 36 ARTICLE XII ASSOCIATION: PURPOSES. DUTIES AND POWERS............... ........36 12.1 Objects and Purposes and Function. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 12.2 Duties and Powers. . . . . . . . . . . . . . . . . . . . '.' . . . . . . . . . . . . . . . . . . . . . . . . . .36 12.3 Duties of Association. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 12.3.1 Payment of Common Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 12.3.2 Levy and Collection of Assessments . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 12.3.3 Other Services .............................................37 12.3.4 Insurance ................................................. 37 12.3.5 Preserve and Enhance Beauty ofTuskawilla Trace. . . . . . . . . . . . . . . . .37 12.3.6 Promotion of Health. Safety and Welfare ........................37 12.3.7 Establish and Enforce Rules and Regulations. . . . . . . . . . . . . . . . . . . . .37 12.3.8 Other Activities ............................................37 12.3.9 Operate Without Profit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .38 12.4 Powers of Association. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .38 12.4.1 Own and Deal with Common Property .......................... 38 12.4.2 Levy and Collect Assessments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 12.4.3 Establish Reserves. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .38 12.4.4 Sue and Be Sued ...........................................38 12.4.5 Borrow Money. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .38 12.4.6 Employ and Contract. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 12.4.7 Intentionally Blank. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 12.4.8 Provide Public or Quasi Public Services ......................... 39 12.4.9 Enforce Declaration. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 12.4.10 Surface Water Management System ......................39 12.5 Limitations and Restrictions on Power of Association .................... 39 12.5.1 Contracts for a Tenl1 in Excess of One Year. . . . . . . . . . . . . . . . . . . . . .40 12.5.2 Pledge of Assessment Rights. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40 12.5.3 Sale or Transfer of Real Property ..............................40 12.5.4 Payment of Compensation to Officers or Directors. . . . . . . . . . . . . . . . .41 ARTICLE XIII ASSOCIATION. MEMBERSHIP AND VOTING RIGHTS..................... 41 13.1 Membership..................................................... 41 13.2 Transfer of Membership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .41 13.3 Members'Rights.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .41 Page v of vii 13.4 Intentionally Blank. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .41 13.5 Voting Rights. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .41 13.6 Classes of Voting Memhership: Number of Votes .......................42 13.6.1 Class A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .42 13.6.2 Class B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .42 13.7 Intentionally Blank. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .43 13.8 Approval by Members . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 ARTICLE XIV EASEMENTS ......................................................... 43 14.1 Easements Generally ..............................................43 14.1.1 Utility Easements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .44 14.1.2 Drainage Easements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .44 14.1.3 Intentionally Blank. . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . .45 14.1.4 Wall and Landscape Easements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .45 14.1.5 Landscape Easements .......................................45 14.1.6 Intentionally blank. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .45 14.1.7 Construction and Marketing Easements .........................45 14.1.8 Association Easements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 14.1.9 Common Roads and Streets. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .46 14.1.10 Intentionally Blank. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 14.1.11 Sidewalk Easements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 14.2 Future Easements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 ARTICLE XV ARCHITECTURAL AND LANDSCAPE CONTROL .........................47 15.1 Reservation of Architectural and Landscape Control ..................... 47 15.2 Architectural Review Board Established. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .47 15.3 Architectural Review Board Authority ................................48 15.4 Architectural Review Board Approval ................................48 15.5 Obiective Standards. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .48 15.6 Rules and Regulations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .48 15.7 Subiective Judgment ..............................................49 15.8 Review........ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .49 15.9 Applications........ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .49 I 5. 1 0 Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 15.11 Approval ....................................................... 50 15.12 Changes........................................................ 50 15.13 Notice of Action. . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . 50 15.14 Developer Action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 15.15 Exculpation for Approval or Disapproval of Plans .......................51 Page vi of vii ARTICLE XVI AMENDMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 16.1 Amendment by Developer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 16.2 Amendment by Association . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 16.3 Manifestation of Requisite Consent. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .52 16.4 Effectiveness of Amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 16.5 Limitations on Amendments ........................................53 ARTICLE XVII DURATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 ARTICLE XVIII ENFORCEMENT ...................................................... 54 18.1 Parties Entitled to Enforce . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 18.2 Limitations on Enforcement Rights. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 18.3 Enforcement by Owners. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 18.4 Attorneys' Fees .................................................. 55 18.5 No Waiver ...................................................... 55 18.6 Nuisance........................................................ 56 18.7 Cumulative Rights and Remedies ....................................56 18.8 Effect ofInvalidation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 18.9 Exculpation..................................................... 56 ARTICLE XIX MISCELLANEOUS PROVISIONS ........................................ 56 19.1 Constructive Notice and Acceptance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 19.2 Personal Covenants ............................................... 57 19.3 Governing Law .................................................. 57 19.4 Construction..................................................... 57 19.5 Article and Section Headings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 19.6 Singular Includes Plural. Etc ........................................ 57 19.7 Time of Essence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 19.8 Notice.......... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 19.9 Development and Construction by Developer. . . . . . . . . . . . . . . . . . . . . . . . . . . 58 19.10 Assignment of Developer's Rights and Interests. . . . . . . . . . . . . . . . . . . . . . . . .58 19.11 No Warranties ................................................... 58 EXHIBIT "A" ............................................................... 60 Page vii of vii DECLARATION OF COVENANTS. CONDITIONS. EASEMENTS AND RESTRICTIONS FOR TUSKA WILLA TRACE THIS DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS FOR TUSKA WILLA TRACE is Made and executed this _ day of , 19 _, by D. R. H. 1., INC., a Florida corporation (hereinafter referred to as the "Developer"). RECIT ALS A. Developer is the record owner of fee simple title to certain real property situate in Seminole County, Florida, which is more particularly described as follows: All lands included within and embraced by the plat of Tuskawilla Trace, according to the plat thereof as recorded or to be recorded in the Public Records of Seminole County, Florida, which plat shall include the lands described on Exhibit "A" attached hereto (hereinafter referred to as the "Subject Property"); and B. Developer intends that the Subject Property be developed as a single family residential community known as "Tuskawilla Trace;" and C. The Developer desires to ensure that the Subject Property is subdivided, developed, improved, occupied, used and enjoyed pursuant to a unifoml plan of development; and D. Developer desires to impose this Declaration upon the Subject Property, to the effect that the lands within and comprising Tuskawilla Trace shall be subject to these uniform covenants, conditions, restrictions, easements and reservations. NOW, THEREFORE, for and in consideration of the premises hereof, Developer does hereby declare that the Subject Property shall be and is hereby encumbered by and made subject to those covenants, conditions, restrictions, easements and reservations hereinafter set forth. ARTICLE I DEFINITIONS For purposes of this Declaration, the following terms shall have the following definitions and meanings: 1.] "Architectural Review Board" shall mean and be defined as the committee created and established by and pursuant to this Declaration which is responsible for the review and approval of all plans, specifications and other materials describing or depicting improvements proposed to be constructed on Residential Property and also responsible for the administration of K :IOFFlCEIWPWINIMJKI613ITU5C.TRA ITUSC A.DEe Page 1 of GO those provisions of Article XV of this Declaration entitled Architectural and Landscape Control. 1.2 "Assessment" shall mean and be defined as any assessment of an Owner and a Lot by the Association for Common Expenses and other items pursuant to, in accordance with and for the purposes specified in Article X of this Declaration. 1.3 "Association" shall mean and be defined as Tuskawilla Trace Homeowners' Association, Inc., a corporation not-for-profit organized and existing under the laws of the State of Florida. 1.4 "Board" shall mean and be defined as the Board of Directors of the Association. 1.5 "Ci1)(' shall mean and be defined as the City of Winter Springs, a political subdivision of the State of Florida, specifically including each and all of its departments and agencIes. 1.6 "Common Expenses" shall mean and be defined as those costs and expenses of the Association more particularly identified and described in Section 1 0.2 of this Declaration. 1.7 "Common Property" shall mean and be defined as all real and personal property, rights and interests from time to time owned or held by the Association for the common use, enjoyment and benefit of all Owners, including, but not limited to the Community Wall, the Common Streets and Roads, the stoffi1water management tracts and facilities, the benefits of all easements shown on the Plat, the benefit of the easements established by this Declaration or the Plat for any common facilities that from time to time may be installed on any Lot, and all easements, if any, granted to or for the benefit of the Association. 1.8 "Common Streets and Roads" shall mean and be defined as the rights-of-way of all streets, roads, drives, courts, ways and cui de sacs within Tuskawilla Trace which remain private and are not dedicated to the public use, as the same are described in and depicted on the Plat and all paving, curbs, gates and other improvements, facilities and appurtenances located therein, including street lights and utility lines, but specifically not including any potable water, sanitary sewer or other utility lines that are dedicated to the City. 1.9 "Community Wall" shall mean and be defined as any wall or similar structure from time to time situated on the landscape and wall easements as shown on the Plat, together with any footings, related equipment, landscaping (including wiring or irrigation systems) and other appurtenances. 1.10 "Construction Plans" shall mean and be defined as the Construction Plans For Tuskawilla Trace prepared by on, Job No._, approved by the City of Winter Springs on, 199_. K:IOFFICEI WPWINlMJKI61 JITUSe - TRA ITlJSC A.DEe Page 2 of GO \ 1.11 "County" shall mean and be defined as Seminole County, a political subdivision of the State of Florida, specifically including each and all of its departments and agencies. 1.12 "Declaration" shall mean and be defined as this Declaration of Covenants, Conditions, Easements and Restrictions for Tuskawilla Trace and all amendments thereto and modifications thereof as are from time to time recorded among the Public Records of the County. 1.13 "Developer" shall mean and be defined as D. R. H. 1., Inc., a Florida corporation, and such other person(s) to whom the Developer specifically assigns by written instrument its rights as Developer hereunder as to all or any portion of the Subject Property, as described in Section 19.10 of this Declaration. 1. I 4 "Tuskawilla Trace" and "Tuskawilla Trace Community" shall mean and be defined as Tuskawilla Trace, the single family residential comrpunity planned for and developed on the Subject Property as reflected on the Plat recorded or to be recorded in the Official Records of the County, including all Residential Property and Common Property. 1.15 "Governmental Regulations" shall mean and be defined as all applicable laws, statutes, codes, ordinances, rules, regulations, limitations, restrictions, orders, judgments or other requirements of any governmental authority having jurisdiction over the Subject Property or any Improvements constructed or located thereon, including, without limitation, those pertaining to building and zoning. 1.16 "Institutional Lender" shall mean and be defined as and include (a) any state or federal savings bank, commercial bank or savings and loan association, any real estate investment trust, any insurance company, any mortgage banking company, any mortgage company, any pension and/or profit sharing plan or any other lending or investing institution, generally and customarily recognized as being engaged, in the ordinary course of its business, in making, holding, insuring or guaranteeing first lien priority real estate mortgage loans and (b) Developer, to the extent that Developer shall hold a mortgage upon any pOliion ofthe Subject Property, and all successors, assigns, assignees and transferees of Developer who shall own or hold any mortgage upon the Subject Property or any portion thereof which was originally executed and delivered to and owned and held by Developer. 1.17 "Improvements" shall mean, be defined as and include any buildings, outbuildings, structures, driveways, walkways, swimming pools, patios, decks, fences, walls, landscaping, and any and all other appurtenances, facilities and improvements of any kind, nature or description constructed, erected, placed, installed or located on Residential Property and any replacements thereof and all additions or alterations thereto. 1.18 "Lot(s)" shall mean and be defined as a separate single family residential building site within the Subject Property as the same is subdivided and described by a number pursuant to and in accordance with the Plat and shall include any Improvements from time to time K.IOFFICEI WPWINIMJKI6131Tuse - TRA ITuse A. DEe Page 3 of 60 constructed, erected, placed, installed or located thereon. The Developer currently plans to plat a total of twenty-four (24) Lots but is under no obligation, express or implied, to do so . 1.19 "Member" shall mean and be defined as all members of the Association and shall include all Owners. 1.20 "Owner" shall mean and be defined as one or more persons or entities who or which are, alone or collectively, the record owner of fee simple title to any Lot, parcel, piece or tract of land within Tuskawilla Trace, including Developer and its successors and assigns, but excluding those having an interest in any such Lot merely as security for the payment of a debt of the performance of an obligation. 1.21 "Plat" shall mean and be defined as any of the plats of the Subject Property, as recorded or to be recorded in the Public Records of the County. 1.22 "Residential Property" shall mean and be defined as all of the Lots. 1.23 "SJRWMD" shall mean the St. Johns River Water Management District. 1.24 "Surface Water Management System" means a system including, but not limited to, roadway and rear-yard under-drains, as depicted in the Construction Plans, 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, over drainage, environmental degradation, and water pollution or otherwise affect the quantity and quality of discharges from the system, as permitted pursuant to Chapters 40C-4, 40C-40, or 40C-42, F.A.C. 1.25 "Subject Property" shall mean all lands included within and embraced by the plat of Tuskawilla Trace, according to the plat thereof as recorded or to be recorded in the Public Records of Seminole County, Florida, which plat shall include the lands described in Exhibit "A" attached hereto, together with any additional lands to which the Developer may subsequently extend this Declaration as contemplated in Section 4.2. ARTICLE II OBJECTS AND PURPOSES The covenants, conditions, restrictions, easements and reservations set forth in this Declaration are hereby imposed upon the Subject Propeliy for the following objects and purposes: (a) To establish Tuskawilla Trace as a premier single family residential community in Central Florida; K:\OFFICE\ WPWIN\MJK\b 13\TUSe - TRA \TUSe A. DEe Page 4 of GO (b) To create, develop, foster, maintain, preserve and protect within Tuskawilla Trace a unique, pleasant, attractive and harmonious physical enviromnent which will contribute to and enhance the quality of life for all residents of and visitors to Tuskawilla Trace; (c) To ensure that the development of Tuskawilla Trace will proceed pursuant to a uniform plan of development with consistently high architectural, environmental, ecological and aesthetic standards; (d) To ensure the proper and appropriate subdivision, development, improvement, occupation, use and enjoyment of each Lot, piece, parcel or tract of land within Tuskawilla Trace; (e) To protect each Lot, piece, parcel or tract ofland within Tuskawilla Trace against the improper, undesirable, unattractive, or inappropriate subdivision, develqpment, improvement, occupation, use and enjoyment of contiguous, adjacent or neighboring Lots, pieces, parcels or tracts of land; (f) To encourage the development, construction, maintenance and preservation of architecturally and aesthetically attractive and harmonious Improvements appropriately designed for, and properly located on, each Lot, piece, parcel or tract of land within Tuskawilla Trace; (g) To guard against the development and construction of improper, undesirable, unattractive or inappropriate Improvements and the use of improper, undesirable, unsuitable or unsightly materials; (h) To provide for the future ownership, management, administration, improvement, care, maintenance, use, regulation, preservation and protection of all Common Property within Tuskawilla Trace and to provide for and assure the availability of the funds required therefor; (i) To provide for the establislunent, maintenance, preservation, protection and enhancement of consistently high property values within Tuskawilla Trace; (j) To accomplish, meet, satisfy and fulfill certain Governmental Regulations and other governmental requirements; (k) To provide Developer with effective control over the development, management, administration, care, maintenance, use, appearance, marketing and sale of, and the construction ofImprovements upon, the Subject Property for so long as Developer shall own portions of the Subject Property; and (1) In general, to provide for the development, creation, operation and K:IOFFICE\ WPWINIMJK\6 J 31TUSC - TRA ITUSCA. DEe Page 5 of 60 preservation upon the Subject Property of an exclusive single family community of the highest quality and order and to establish tluough this Declarati0l1 a procedure to ensure accomplishment of the foregoing objectives and purposes. ARTICLE III EFFECT OF DECLARl-\ nON 3.1 Covenants Running with Land. This Declaration and each and every one ofthe covenants, conditions, easements, restrictions and reservations contained herein are hereby declared to be and shall hereafter continue as, covenants running with title to the Subject Property upon which the same are hereby imposed as an encumbrance. 3.2 Property Affected. This Declaration and the covenants, conditions, restrictions, easements and reservations set forth herein shall be binding upon, inure to the benefit of and constitute a burden upon all of the Subject Property in accordance with the tem1S set forth herein. Accordingly, as more particularly specified in this Declaration, all Lots, pieces, parcels and tracts of land within the Subject Property shall hereafter be owned, held, transferred, sold, conveyed, demised, devised, assigned, leased, mortgaged, occupied, used and enjoyed subject to and benefitted and burdened by the terms and provisions of this Declaration and each of the covenants, conditions, restrictions, easements and reservations contained herein, as amended. 3.3 Parties Affected. Except as hereinafter specifically provided, this Declaration shall be binding upon and inure to the benefit of all Owners of the property affected and encumbered by this Declaration, including Developer and the Association, and all other persons having or claiming any right, title or interest in such property. Accordingly, each and every person or party who or which shall hereafter acquire, have or claim any right, title or interest in and to any Lot, piece, parcel or tract of land within the Subject Property, whether by, through or under Developer or any subsequent Owner, shall, by virtue of the acceptance of any such right, title, interest or claim, whether by deed or other instrument, or by operation of law or otherwise, and whether voluntarily or involuntarily, be deemed to have acquired and accepted such right, title, interest or claim in or to any such Lot, piece, parcel or tract of the Subject Property subject to and benefitted and burdened by the covenants, conditions, restrictions, easements and reservations set forth in this Dec.Iaration the same as if such person or party had specifically joined in and agreed and consented to each and every one of the terms and provisions of this Declaration and the same as if each and every one of the covenants, conditions, easements, restrictions and reservations set forth in this Declaration had been fully set forth in the deed or other instrument of conveyance pursuant to which such right, title, interest or claim was acquired. K:IOFFICEI WPWINlMJKI6 13\TUSC. TltA ITUSCA.DEC Page 6 of 60 ARTICLE IV PROPERTY SUBJECT TO DECLARATION 4.1 Subiect Property. The property which shall be subject to, and encumbered, governed, benefitted and burdened by this Declaration shall be all ofthe Subject Property as the same is herein defined and described. 4.2 Addition of Property. Developer hereby reserves to itself and shall hereafter have the right, but not the obligation, at any time and from time to time, in its sole and absolute discretion, and without notice to or the approval of any party or person whomsoever or whatsoever, to impose this Declaration upon additional property adjacent or contiguous, notwithstanding any right of way, to the Subject Property which is now or may hereafter be owned by Developer, by the filing of an appropriate instrument to that effect among the Public Records of the County. ARTICLE V USE CLASSIFICA TJONS 5.1 Residential Property. Residential Property shall include each Lot. 5.2 Common Property. Common Property shall include all real and personal property from time to time owned by the Association and tracts of land, if any, shown on the Plat as owned or to be owned by the Association, for the common use, enjoyment and benefit of all Owners, including, but not limited to the Community Wall, the Common Streets and Roads, the benefit of all easements shown on the Plat, the storm water management tracts, the benefit of the easements established by this Declaration for any common facilities that from time to time may be installed on any Lot, as provided in this Declaration, and all easements, if any, granted to the Association. ARTICLE VI PERMITTED USES 6.1 Residential Property. Except as hereinafter provided in Subsection 14.1.7 of this Declaration, Residential Property shall be improved as and used, occupied and enjoyed solely and exclusively for single family residential dwelling purposes and no other uses or purposes whatsoever. 6.2 Common Property. Common Property shall be improved, maintained, used, and enjoyed for the common recreation, health, safety, welfare, benefit and convenience of all Owners and residents of Tuskawilla Trace and their guests and invitees. K:iOFFICE\ WPWINIMJK\613\TUSC - TRA ITUSCA. J)EC Page 7 of 60 ARTICLE VII USE RESTRICTIONS - RESIDENTIAL PROPERTY The use, occupation and enjoyment of Residential Property shall be subject to and governed by the following covenants, conditions and restrictions: 7.1 Single Family Only. Except as specifically provided in Subsection 14.1.7 of this Declaration, no use shall be made of Residential Property other than for single family residential dwelling purposes. 7.2 Ownership and Leasing. Ownership of Residential Property shall be for single family residential dwelling purposes only. Accordingly, Residential Property may not be rented or leased for any single period ofless than twelve (12) months. No "time-share plan", as that term is defined in Section 721.05, Florida Statutes, or any similar plan of fragmented or interval ownership of Residential Propel1y shall be pem1itted. 7.3 Subdivision. No Lot shall be subdivided nor shall any portion of a Lot less than the whole thereof be sold, conveyed or transferred without the prior written approval and consent of the Developer. Nothing herein contained, however, shall prevent the subdivision of a Lot by Developer in such mmmer that any portion of a Lot may be sold, transferred and conveyed by Developer, together with the whole of an adjacent or contiguous Lot such that the whole of one Lot and a portion of another Lot which are owned in common by the same Owner may be combined, developed and improved by such Owner as a single unified home site. Once so combined, developed and improved as a single unified residential home site no such combination of a Lot and a portion of another Lot or combination of two (2) or more Lots shall thereafter be resubdivided into more than one (1) single family residential home site. In the event of any such conveyance and combination, the grantee from the Developer shall cause to be submitted an application to modify or re-plat the lots affected by such conveyance and combination. 7.4 Commercial Activity. Except for (i) the pennitted activities specifically provided in Subsection 14.1.7 of this Declaration, and (ii) the use of a room or rooms within a residence as an in-home office, no business, commercial, industrial, trade, professional or other non-residential activity or use of any nature, type, kind or description shall be conducted upon or from Residential Property or within any Improvements located or constructed thereon. The use of any residence must be primarily that of residential and, accordingly, any in-home office must be secondary to the residential use. No signs of any type advertising or describing in any way the in-home office use or business are pellllitted to be placed anywhere within the Lot or within or upon the residence. The activities or business conducted at the in-home office shall not be such as to generate traffic by customers, vendors or the like, through Tuskawilla Trace or to the residence. 7.5 Offensive Activity. No illegal, noxious, unsightly or offensive activity shall be carried on or conducted, upon or from Residential Property nor shall anything be done thereon K \OFFICE\Wf>WI"~MJK\613\TUS(,.TRA\TUSCA.DEC Page 8 of GO which may be or tend to become or cause an umeasonable annoyance or nuisance, whether public or private, to residents in the immediate vicinity or to the Tuskawilla Trace Community in general or which may be or tend to become an interference with the comfortable and quiet use, occupation or enjoyment of any other Residential Property. 7.6 Animals and Pets.. No reptiles, livestock, poultry or animals of any kind, nature or description shall be kept, bred or raised upon Residential Property, except for dogs, cats, birds or other usual and customary household pets, provided that the same are not kept, raised or maintained thereon for business or commercial purposes or in number deemed umeasonable by Developer or the Association, in the exercise of their reasonable discretion. Numbers in excess of two (2) of each such type of household pet (other than aquarium kept fish) shall prima facie be considered umeasonable. Notwithstanding the foregoing provisions of this Section 7.6 permitting dogs, cats, birds or other usual and customary household pets, however, no such reptiles, animals, birds or other pets may be kept, raised or maintained on Residential Property under circumstances which, in the good faith judgment of Developer or the Association, shall constitute an unreasonable annoyance, hazard, or nuisance to residents in the vicinity or an unreasonable interference with the comfortable and quiet use, occupation and enjoyment of other Residential Property. 7.7 Commercial and Recreational Vehicles. (a) No truck, bus, trailer or other "commercial vehicle" (as that term is hereinafter defined) and no mobile home, motor home, house trailer, camper, van, boat, boat trailer, horse trailer or other recreational vehicle or the like shall be permitted to be parked or stored on Residential Property unless the same shall be parked or stored entirely within and fully enclosed by a garage; nor shall any such commercial or recreational vehicle or the like be permitted to be parked or stored on any street within the Subject Property. Notwithstanding the foregoing, however, it is expressly provided that commercial vehicles shall be permitted to be parked on or in front of (but not adjacent to) Residential Property on which bona fide ongoing construction activity is taking place; nor shall the foregoing provisions of this Subsection (a) apply to parking on "a temporary or short term basis" (as that term is hereinafter defined). (b) No passenger automobile, commercial, recreational or other motorized vehicle, or the like, shall be dismantled, abandoned, serviced, rebuilt, repaired, or repainted on Residential Property. Neither shall any such automobile or vehicle be parked or stored on Residential Property. Notwithstanding the foregoing provisions of this Subsection (b), however, it is expressly provided that the foregoing restriction shall not be deemed to prevent or prohibit those activities nonnally associated with and incident to the day-to-day maintenance, washing, waxing and polishing of such vehicles. (c) No motorcycle, motor scooter, moped, A TV (all terrain vehicle) or other two-wheeled, three-wheeled or four wheeled motorized vehicle, or the like, shall be permitted to be parked or stored on Residential Property unless the same shall be parked or stored entirely K. IOFFlCEI Wl'WINIMJKlb I JITUSC - TRA ITlJSC A.llEC Page 9 of 60 within and fully enclosed by a garage. (d) In the context of this Section 7.7, parking on "a temporary or short term basis" shall be defined as parking for a continuous period not exceeding twenty-four (24) hours in duration. Parking on "a temporary or short tell11 basis" is pennitted only for (i) recreational vehicles belonging to ovell1ight guests of Owners, (ii) commercial vehicles used in connection with the fUll1ishing of services and/or the routine pick-up and delivery respectively, of materials from and to Residential Property (including those commercial vehicles used in connection with a bona fide current on-going construction ofImprovements on Residential Property), and (iii) commercial or recreational vehicles belonging to or being used by Owners for loading and unloading purposes only. Notwithstanding anything contained herein to the contrary, parking on "a temporary or short tell11 basis" is prohibited from occurring as to any Lot more frequently than three (3) times in each calendar year. ( e) In the context of this Section 7.7 the term "commercial vehicle" shall mean and be defined as a car, truck, motor home, bus, van, or motorized vehicle of any kind or nature whatsoever that displays on any part thereof advertising any kind of business or on or within which any commercial materials and/or tools are visible. (f) The Developer and the Association shall, subject to reasonable approval by the City, each be entitled and is hereby empowered to adopt additional reasonable rules and regulations govell1ing the admission to and parking, use and storage of commercial and recreational vehicles within Tuskawilla Trace, and if so adopted the same shall be binding upon all Residential Property and all Owners and their guests and invitees. (g) Any commercial, recreational, or other vehicle parked or stored in violation of these restrictions or in violation of any rule and regulation adopted by the Association concell1ing the same may be towed away or otherwise removed by or at the request of the Association and at the sole expense of the Owner of the Lot upon which is parked any such commercial, recreational or other vehicle in violation of these restrictions or such rules and regulations. In the event of such towing or other removal, the Association and its employees or agents shall not be liable or responsible to the owner of such vehicle for trespass, conversion, or damage incurred as an incident to or for the cost of such removal or otherwise; nor shall the Association, its employees or agents be guilty of any criminal act or have any civil liability by reason of such towing or removal, and neither its towing or removal nor the failure of the owner of the towed or removed vehicle to receive any notice of the violation of the provisions of this Section 7.7 shall be grounds for relief of any kind. 7.8 Maintenance. Each Lot and all Improvements, including landscaping, located thereon shall at all times be kept and maintained in a safe, clean, wholesome and attractive condition, shall not be allowed to deteriorate, fall into disrepair or become unsafe or unsightly. In particular, no weeds, underbrush or other unsightly growth and no trash, rubbish, refuse, debris or unsightly objects of any kind shall be pennitted or allowed to accumulate on K:IOFFICEI WI'WI NIMJK\(, 13\'J'U.~C.TRA ITUSCA. DEe Page 10 of GO Residential Property. Enforcement of the provisions of this Section 7.8 shall be in accordance with the provisions of Section 7.20 of this Declaration and such other provisions ofthis Declaration as shall be applicable to its enforcement generally. 7.9 Reconstruction of Damaged Improvements. In the event that a residential dwelling or other Improvements on Residential Property shall be damaged or destroyed by casualty, hazard or other cause, including fire or windstorm, then, within a reason~ble period, not exceeding three (3) months following the OCCUlTence of the offending incident, the Owner of the affected Residential Property shall cause the damaged or destroyed Improvements to be repaired, rebuilt or reconstructed or to be removed and cleared from such Residential Propeliy. Any such repair, rebuilding or reconstruction shall be approved and accomplished as otherwise required pursuant to the provisions of this Declaration. Enforcement of the provisions of this Section 7.9 shall be in'accordance with the provisions of Section 7.20 of this Declaration and such other provisions of this Declaration as shall be applicable to its enforcement generally. 7.10 Garbage and Garbage Containers. All garbage and trash containers and their storage areas and the like shall be kept within a garage or placed inside of an enclosure approved by the Architectural Review Board or behind opaque walls attached to and made a part of the single family residential dwelling constructed on each Lot and otherwise in confornlity with applicable rules and regulations. In no event shall any of the same be visible from any adjacent or neighboring property including all of the Common Streets and Roads. Further, all garbage and trash containers and their storage areas shall be designed and maintained so as to prevent animals from gaining access thereto. All such containers shall be put out for pickup or removal, and shall be removed from the street and placed back in their storage areas the night of such pickup or removal. 7.11 Burning. No burning of leaves, trash, rubbish, garbage or other waste materials of any type shall be pennitted or conducted on Residential Property. Nothing herein contained, however, shall be deemed to prohibit the burning of wood, logs or charcoal in properly constructed or installed fireplaces, barbecue cookers or the like, whether inside or outside of any building or other structure located on Residential Property. 7.12 Storage Tanks. No storage tanks, including but not limited to, those for water, oil, propane gas or other liquid, fuels or chemicals, including those used for swimming pools or the like, shall be permitted outside of a building on Residential Property unless the same shall be placed inside of walls, fences or similar type enclosures in confornlity with applicable rules and regulations. In no event shall any of the same be visible from any adjacent or neighboring property. 7.13 Mineral Exploitation. No exploration, mining, quanying, or drilling for or exploitation of gas, oil, phosphate or other minerals may be conducted on Residential Property. 7.14 Laundry and Clothes Drying. No laundry or clothes drying lines or areas shall K:IOFFICEIWPWINIMJKI61 3ITUSC- TRA ITUSCA .DEC Page II of GO be pem1itted outside of any building on Residential Property unless the same shall be placed inside of walls, fences, landscaping screens or similar type enclosures in confom1ity with applicable rules and regulations adopted and promulgated by the Association with respect thereto. In no event shall any ofthe same be permitted if visible from any adjacent or neighboring property, including all of the Common Streets and Roads. 7.15 Radio Transmission Equipment. No radio, microwave or other electronic transmission equipment, including ham radios, citizens band radios, walkie talkies and the like, shall be operated on Residential Property without the prior written consent of the Association, and such consent, once given, may be revoked by the Association in the event that the operation of any such equipment interferes with o.'-dinary radio, telephone or television reception or equipment, including the Tuskawilla Trace central cable television and gate control systems. 7 .16 ~. No sign, billboard or advertising of any kind shall be displayed to public view on Residential Property without the prior written consent of the Architectural Review Board; except as follows: (a) one (1) discreet professionally prepared sign not exceeding four (4) inches high and eighteen (18) inches long identifying the name of the Owner and/or construction lender of a particular Lot, and (b) one (1) discreet professionally prepared sign of not more than five (5) square feet placed on the street side of a Lot identifying the architect and general contractor responsible, respectively, for the design and construction of a dwelling under' construction on a particular Lot; provided, however, that such sign is first approved in writing by Developer, and (c) one (1) discreet professionally prepared "for sale" sign of not more than five (5) square feet placed on the street side of a Lot; provided, however, that such sign is first approved in writing by the Architectural Review Board. Notwithstanding the foregoing provisions of this Section 7.16, Developer specifically reserves for itself and its agents, employees, nominees and assigns the right, privilege and easement to construct, place and maintain upon Residential Property signs as it deems appropriate in connection with the development, improvement, construction, marketing and sale of any Residential Property. Except as hereinabove provided, no signs or advertising materials displaying the names or otherwise advertising the identity of contractors, subcontractors, real estate brokers or the like employed in connection with the constmction, installation, alteration or other improvement upon or the sale or leasing of Residential Property shall be permitted. 7.17 Trees. No trees shall be removed from any Lot without the prior written consent of the Architectural Review Board; provided, however that such removal shall be in compliance with Governmental Regulations. Such approval shall be reasonably given, however, if such removal is necessary in connection with the location of the main residential dwelling ona particular Lot where the preservation of any tree would work a hardship or require extraordinary design measures in connection with the location of such dwelling on the Lot and where the plans and specifications for and location of the dwelling on the Lot have been approved by the Architectural Review Board as provided in Article XV hereof. As used herein the tenn "tree" shall mean and be defined as any living, self-supporting perennial plant which has a trunk diameter of at least three (3) inches measured at D.B.H. (at the base of the tree) and nom1ally K;IOFFICEIWPWINIMJKIl, I 3ITUSC. TRA ITUSCA.DEC Page 12 of 60 grows to a minimum height of fifteen (15) feet. Any tree(s) removed in violation of this provision shall be immediately replaced with a tree of similar size and type. 7.18 Drainage. All stonnwater from any Lot shall drain into or onto contiguous or adjacent street rights-of-way, drainage easements, or retention areas. Stormwater from any Lot shall not be permitted or allowed to drain or flow unnaturally onto, over, under, across or under any contiguous or adjacent Lot unless a drainage easement shall exist for same and same is done in accordance with any and all applicable governmental permits and approvals. All work done on any Lot affecting or pertaining to the Lot grade, original drainage plan, the flow of surface water drainage, the alteration or removal of any drainage or environmental berm or swale or any storm berm or swale, must be in accordance with the Constmction Plans and site grading and drainage plans for the Lot approved by the City and the SJRWMD. 7.19 Rules and Regulations. In addition to the foregoing restrictions on the use of Residential Property, the Association shall have the right, power and authority, subject to the prior written consent and approval of Developer, to promulgate and impose reasonable rules and regulations governing and/or restricting the use of Residential Property and to thereafter change, modify, alter, amend, rescind and augment any of the same; provided, however, that no rules or regulations so promulgated shall be in conflict with the provisions of this Declaration. Any such rules and regulations so promulgated by the Association shall be applicable to and binding upon all Residential Property and the Owners thereof and their successors and assigns, as well as all guests or invitees of and all parties claiming by, through or under such Owners. 7.20 Enforcement. In the event of a violation of or failure to comply with the foregoing requirements of this Article VII and the failure of the Owner of the affected Lot, within fourteen (14) days following written notice by the Association of such violation or non., compliance and the nature thereof, to cure or remedy such violation, then the Association or its duly appointed employees, agents or contractors, shall have and are specifically granted an easement and license, at the Association's option, to enter upon the affected Lot or any portion or portions thereof or Improvements thereon, without being guilty of any trespass therefor, for the purpose of undertaking such acts or actions as may be reasonably necessary to cure or eliminate such violation; all at the sole cost and expense of the Owner of the affected Lot. Such costs and expenses, together with an overhead expense to the Association of fifteen percent (15%) of the total amount thereof shall be assessed by the Association as an Individual Lot Assessment and shall be payable by the Owner of the affected Lot to the Association within ten (l0) days after written notice of the amount thereof. Any such Individual Assessment not paid within said ten (10) day period shall become a lien on the affected Lot in accordance with the provisions of Section 10.5 of this Declaration. 7.21 Precedence Over Less Strin gent Governmental Regulations. In those instances where the covenants, conditions and restrictions set forth in this Article VII set or establish minimum standards or limitations or restrictions on use in excess of Governmental Regulations, the covenants, conditions and restrictions set forth in this Article VII shall take precedence and K 'IOFFICEI WPWI NIMJKI613ITUSC- TRA ITUSCA DEC Page 13 of GO prevail over such less stringent Governmental Regulations. Conversely, in those instances where Governmental Regulations set or establish minimum standards or limitations or restrictions on use in excess of the covenants, conditions and restrictions set forth in this Article VII, the Governmental Regulations shalJ take precedence and prevail over the less stringent, covenants, conditions and restrictions set forth in this Aliicle VII. ARTICLE Vln BUILDING RESTRICTIONS - RESIDENTIAL PROPERTY The erection, placement, construction, repair, replacement and installation of all Improvements on Residential Property shall be subject to and governed by t.he following covenants, conditions, restrictions and reservations: 8.1 Building Type. As the use of Residential Property is limited to single family residential dwelling purposes only, no building or structure other than one (1) single family residence or dwelling and its related appurtenances facilities and Improvements shall be placed, located, erected, constructed or installed or permitted to remain on Residential Property. 8.2 Approved Plans. All Improvements must be constructed in accordance with detailed plans and specifications prepared in conformance with all applicable Governmental Regulations and approved by the Architectural Review Board prior to the commencement of construction as more particularly provided in Article XV of this Declaration. 8.3 Governmental Regulations. All Improvements placed, located, erected, constructed and installed upon Residential Property shall confonn to and comply with all applicable Governmental Regulations, including, without limitation, all building and zoning regulations of the City. 8.4 Construction. The construction of all residential dwellings and other Improvements on Residential Property must be performed by such builders, general contractors and subcontractors as are (a) licensed in the State of Florida and the City to engage in the business of residential building and construction and (b) approved in writing by Developer as being qualified and otherwise acceptable to Developer to perfonn construction work within Tuskawilla Trace. The latter approval shall be within the sole and absolute discretion of Developer. 8.5 Construction Time. Unless otherwise approved by the Architectural Review Board in writing, construction of all residential dwellings and other Improvements must be commenced not later than six (6) months from the date that the Architectural Review Board issues its written approval of the final plans and specifications therefor. If construction does not commence within such six (6) month period the plans and specifications for any proposed construction must once again be reviewed and approved by the Architectural Review Board in accordance with the provisions of Article XV of this Declaration and any prior approval of the K:IOFFICE\ WPWINlMJKI61 JITUSC - TRA ITLJSC,\.DEC Page 14 of GO same by the Architectural Review Board shall no longer be binding on the Architectural Review board. Upon commencement of constmction, such construction shall be prosecuted diligently, continuously and without interruption to completion within a reasonable time; but in no event more than one (1) year from the date of the commencement of such constmction, however, the Architectural Review Board shall have the power and authority to extend the period pemlitted for construction, as aforesaid; provided that the Owner and general contractor involved make written application for such extension stating the reasons for the requested extension of time and provided further that the Architectural Review Board, in the exercise of its reasonable discretion, detennines that the request is reasonable and the extension is warranted. 8.6 Height Limitation. . .No Improvement on Residential Property shall exceed thirty-five (35) feet in height, from the finished grade to the roof peak at its highest point. Each residential dwelling on a Lot shall consist of not more than two (2) full stories (not including basement) unless othelWise approved in writing by the Architectural Review Board. 8.7 Building Setback Lines. No part of any building shall be constmcted, erected, placed or installed any closer to the property boundary lines of Residential Property than as follows: 8.7.1 Lots. No closer than twenty-five (25) feet to the front yard (street side) property boundary line; twenty-five (25) feet to the rear yard property boundary line; and seven and one- half (7Y2) feet to the side yard property boundary lines on interior lots. 8.7.2 Comer Lots. Notwithstanding the side yard building setback lines established elsewhere in this Section 8.7, the side yard building setback line on the side yard of comer lots (i.e., on the street side ofa Lot which is not the front of the residential dwelling constructed thereon) shall be twenty (20) feet to the side yard property lines on the side(s) of the property adjacent to street rights of way; provided, however, the minimum requirements of this Subsection 8.7.2 shall not lessen, replace, or diminish the setback requirements of the City Code of Ordinances, to the extent any such requirements in the City Code of Ordinances are greater than those set forth herein. 8.7.3 Exclusions. Those Improvements specified in Section 8.8 below shall be excluded from the building setback lines established in this Section 8.7. 8.8 Other Setback Lines. Improvements other than the main residential dwelling on a Lot shall be placed, located, erected, constmcted or installed no closer to the property boundary lines of Residential Property, by any type ofImprovement, than as follows: 8.8.1 Swimming Pools. No closer than the othelWise established side yard building setback line plus an additional five (5) feet and no closer than fifteen (15) feet to any rear yard property boundary line from the pool water's edge. No swimming pools shall be constructed in front or side yards. K. IOFFICEIWI'WI NIMJK\(, I 31TUSC -TRA ITUSCA. DEC Page 15 of 60 8.8.2 Swimming Pool Decks. Patios and Enclosures. No swimming pool deck or patio, whether constructed of concrete, cool deck, aggregate wood or any other material, or enclosure, shall be constructed nearer than ten (10) feet to any rear yard property line or nearer than the otherwise established side yard building setback line to any side yard property line. 8.8.3 Outbuildings and Accessory Structures. All out buildings and accessory structures shall be located within the building setback lines otherwise established for the main residential dwelling on any Lot unless otherwise approved in writing by the Architectural Review Board; p~ovided, however, all such approvals by the Architectural Review Board shall require placement of out buildings and accessory structures within .the limits set forih in the Code of the City of Winter Springs, as amended from time to time. No such outbuilding or accessory structure shall exceed twelve (12) feet in height, measured from ground level, nor have an area in excess of two hundred forty (240) square feet. No more than a total of two (2) outbuildings or accessory structures, or combinations thereof, shall be located on any Lot and no such outbuilding or accessory structure may be utilized as living quarters. 8.9 Intentionally Blank. 8.10 Dwelling Size. Each single family residential dwelling constructed on Residential Property shall have a minimum heated and cooled living area of one thousand eight hundred (1800) square feet. 8.11 Temporary Improvements. No buildings, structures improvements or other facilities of a temporary nature, including trailers, tents or shacks shall be pern1itted on Residential Property; provided, however, that temporary improvements or facilities used solely in connection with and during the period of the construction of approved pern1anent Improvements may be permitted by the Architectural Review Board, in its discretion, during the period of the construction of such pern1anent Improvements so long as the same have been properly permitted by applicable governmental authorities, are located as inconspicuously as possible, are removed immediately following the completion of such construction, and are not utilized as living quarters. The location of such temporary improvements during construction shall be approved in writing by the Architectural Review Board. 8.12 Garages and Carports. No carports shall be placed, erected, constructed, installed or maintained on Residential Property. Each single family residential dwelling constructed and maintained on Residential Property shall have an attached garage as an appurtenance thereto. All garages shall be for not less than two (2) standard sized passenger automobiles. Garages may also contain appropriately sized storage rooms, recreational workshops and tool rooms as approved by the Architectural Review Board. All garages must have garage doors that are operated by electric door openers kept in operable condition and all garage doors shall remain closed at all times; save and except for the temporary opening of sanIe in connection with the ingress and egress of vehicles and tIle loading or placement and unloading or removal of other items customarily kept or stored therein. No garage shall be converted to K:\OFFICE\ WPWINIMJK\{, 13ITUSC-TRA ITUSCA.DEe Page IG of GO another use (e.g., living space) without the substitution, on the Lot involved, of another garage meeting the requirements of this Section 8.12 of this Declaration and the approval of the Architectural Review Board as otherwise provided in this Declaration. 8.13 Curb Cuts. Vehicular access to each Lot on Residential Property shall be through or over such driveway or driveways and curb cut or curb cuts as shall be approved by the Architectural Review Board prior to construction. The location, size and angle of the approach of all driveways and curb cuts shall be subject to the approval of the Architectural Review Board. 8.14 Driveways. All driveways, tumarounds and parking areas shall have a concrete base. Each driveway shall extend the entire distance from the garage door to the paved portion of the street or roadway in front of or adjacent to the Lot on which such driveway is constructed. 8.15 Roofs. The roofs of the main body of all buildings and other structures, including the principal residence, shall be pitched. No flat roofs shall be permitted without the approval of Developer and the Architectural Review Board. Developer and Architectural Review Board may, in their discretion, approve flat roofs on part of the main body of a building if architecturally compatible with the remainder of the roof structure, the particular building on which it is to be constructed and all adjacent residences and other structures. The pitch of all roofs shall be not less than six inches (6") in twelve inches (12") (6/12 verticallhorizontal) or as otherwise specified in writing by the Developer and/or the Architectural Review Board. All roofs shall be constructed of clay, tile, cement tile, slate, standing seam copper, cedar shake shingle, 30 year architectural dimensional shingle or other materials approved by the Architectural Review Board. All roof colors must be approved by the Architectural Review Board. No pure white, pure black or pure primary colored roofs shall be permitted. 8.16 Roof Structures. No antennas, windmills, appliances, rooftop attic ventilators, fans, solar collector panels or other rooftop installations or structure of any type shall be placed, located, erected, constructed, installed or maintained upon the exterior roof of any building or structure unless the same shall first be approved in writing by the Architectural Review Board and shall otherwise be erected, constructed, installed and maintained on the rear yard side of the roof or otherwise in such manner and at such location that the same shall not be visible from any street or neighboring residences. 8.17 Antennas. Etc. No antennas,. aerials, discs, dishes or other devices for the transmission or reception of radio or television signals or any other form of electromagnetic radiation or communication, except for mini-dishes less than twenty-four inches (24") in diameter, shall be erected, constructed, installed, used or maintained outside of any building or structure on Residential PropeI1y whether or not the same is attached to or detached from a building or a structure. 8.18 Awnings. Shutters and Window Coverings. No window of any building or other Improvements constructed upon Residential Property shall be covered by any awnings, K:IOFFICE\ WPWINIMJKI613ITUSC- TRA ITUSCA.DEC Page 17 of 60 canopies, shutters, (including hurricane or stoml shutters), boards, or similar type window coverings, except as approved by the Architectural Review Board or such as may be required for protection from storms and only then during the period of any such stoml. Nor shall any such windows be covered by or coated with any foil or other reflecting or mirrored materials. 8.19 Exterior Air Conditioning Equipment. All air conditioning compressors and other equipment located outside of residential dwelling shall be screened from the view of street and road rights-of-way, and adjacent Lots by landscaping or as otherwise approved by the Architectural Review Board. Absolutely no window or roof mounted air conditioning units shall be permitted for any residential dwelling, other than as may be approved by the Association for use in an outbuilding or accessory structure. 8.20 Fences and Walls. Other than those constructed by Developer and/or the Association within the Drainage Easements and Wall and Landscape Easements established pursuant to Subsections 14.1.2 and 14.1.4, respectively of this Declaration or pursuant to the Plat, no fences or walls shall be erected on Residential Property unless approved in writing by the Architectural Review Board. The height and location of all fences or walls shall be subject to the control and approval of the Architectural Review Board, and the limits set forth in the Code of the City of Winter Springs, as amended from time to time. All fences and walls shall be constructed of wrought iron, brick, painted and exterior treated wood, stucco or other masonry materials and shall confoml to guidelines and specifications otherwise set forth by the Association. Exception to such specifications may be permitted by the Architectural Review Board, in its discretion; provided, however, that in no event shall uncovered or exposed (whether concrete or concrete blocks, painted or not) or chain link fences be permitted, and provided, further, that in no event shall fences or walls not in conformity with the Code of the City of Winter Springs be permitted. 8.21 Exterior Building Materials. Finishes and Colors. All exterior building materials, finishes and colors shall require the approval of the Architectural Review Board. Uncovered or exposed (whether painted or not) concrete or concrete block shall not be permitted as the exterior finish of any building structure or wall. The foregoing restriction shall be equally applicable to the initial as well as any subsequent painting of any Improvements located on Residential Property. 8.22 Exterior Lighting. Exterior lighting or illumination of buildings, yards, parking areas, sidewalks and driveways on a Lot shall be designed and installed so as to avoid visible glare (direct or reflected) from street and road rights-of-way, and other Residential Property. Special exceptions to such specifications may be approved by and within the. discretion of the Architectural Review Board upon a showing of good cause therefor. 8.23 Mailboxes and Other Delivery Boxes. Until such time as the United States Postal Service shall approve mail delivery service to Tuskawilla Trace to or at wall receptacles or mailboxes attached to each single family residential dwelling, each Lot on which a single family K:IOFFICEI WPWINlMJKI61 JITUSC - TRA ITUSC A. DEC Page 18 of 60 residential dwelling is constmcted and completed (as evidenced by the issuance of a certificate of occupancy therefor) shall have a street or roadside mailbox for the delivery of United States mail. The design, constmction and location of such mailbox shall be approved by the Architectural Review Board in writing; it being expressly provided, however, that the Architectural Review Board must approve a location consistent with the mles and regulations of the United States Postal Service and that all mailboxes must be constmcted utilizing a break-away type constmction method. At such time as the United States Postal Service shall approve and make mail deliveries within Tuskawilla Trace to or at wall receptacles or mailboxes attached to each single family residential dwelling, each Owner, upon notice and the request of the Association, shall remove and replace the street or roadside mailbox on his Lot with a receptacle or mailbox attached to the single family residential dwelling constructed on his Lot. All other delivery boxes or receptacles of any kind, including those for newspapers, milk and other similar home deliveries, shall also be designed, constructed and located as approved by the Architectural Review Board. Developer shall have the right to require that all street or roadside mailboxes shall be of one particular type or design specified by Developer so long as such designated type or design meets the mles and regulations of the United States Postal Service. 8.24 Underground Utilities. All utility lines and facilities shall be located and installed underground or concealed under or within a building or other on-site Improvements approved by the Architectural Review Board; provided, however, that the foregoing restriction shall not be deemed to prohibit the following: (a) temporary electric power and telephone service poles and water lines which are incident to the ongoing constmction of approved permanent improvements, and, provided further, that the same are removed immediately following the completion of such construction; (b) above-ground electric transformers, meters and similar apparatus properly screened as approved by the Architectural Review Board; (c) penn anent outdoor safety light poles located and installed as approved by the Architectural Review Board. 8.25 Landscaping. Each Lot shall be landscaped in accordance with a landscape plan approved by the Architectural Review Board. All landscaping approved by the Architectural Review Board shall be installed within thirty (30) days after the completion of constmction of the main residential dwelling on a Lot as evidenced by the issuance of a certificate of occupancy for such dwelling. 8.26 Grass. No type or variety of grass other than St. Augustine grass shall be planted on Residential Property, and such grass shall be planted only in those areas where specified on the landscape plan approved by the Architectural Review Board. The planting of grass on Residential Property shall be accomplished by the installation of full sod covering the entire area required to be grassed. Partial sodding, sprigging, plugging or seeding shall not be permitted. 8.27 Trees. The provisions of Section 7.17 of this Declaration shall be applicable to the building or constmction of any single family residential dwelling or other structure or Improvements on Residential Property and such provisions are incorporated in this A11icle VIII K:IOFFICEIWI'WINIMJKIb 13ITUSC. TRA ITUSCA. DEC Page 19 of 60 by this reference thereto. 8.28 Irrigation Systems. All landscaped and grassed open areas on Residential Property, including such areas which are within road rights-of-way adjacent to and contiguous with the Residential Property, shall be irrigated by means of an automatic underground irrigation or sprinkling system capable of regularly and sufficiently irrigating all lawns and plantings within such open areas. The plans and specifications for each such irrigation or sprinkling system shall be included in and submitted with and reviewed and approved by the Architectural Review Board as part of the landscape plan required pursuant to the provisions of Section 8.25 of this Declaration. Such irrigation or sprinkling system shall be installed prior to or simultaneously with the implementation of the landscape plan approved by the Architectural Review Board; but in any event within the time provided in Section 8.25 of this Declaration for the installation of landscaping. 8.29 Artificial Vegetation. No artificial vegetation shall be pern1itted on the portion of any Lot outside of any building on the Lot. 8.30 Sidewalks. Each Lot shall have a sidewalk located within the Sidewalk Easement area located on such Lot, if any, as described in Subsection 14.1.11. In connection with the initial development of any Lot, the Owner thereof shall construct a sidewalk within the Sidewalk Easement area on such Lot at the location within such Sidewalk Easement area which is designated by the Design Review Board in such fashion as to connect with the sidewalk previously constructed or otherwise planned for adjacent Lots or properties. In the event that the sidewalk on a particular Lot is not constructed by and at the expense of the Owner of such Lot at the time of the initial construction of a residential dwelling thereon, or within ninety (90) days following such Owner's receipt of written notice from the Association to do so, the Association, in the exercise of its rights under the Association Easement for which provision is made in Subsection 14.1.8 and Subsection 14.1.11 of this Declaration, without being guilty of a trespass on account thereof, shall be entitled to enter upon such Lot through its agents and contractors for the purpose of constructing a sidewalk on such Lot and the costs and expenses incurred by the Association in so doing, together with overhead expenses of the Association in connection therewith, shall be charged to such Owner and such Lot as an Individual Lot Assessment for which provision is made in Section 10.11 of this Declaration. 8.31 Precedence Over Less Stringent Governmental Regulations. In those instances where the covenants, conditions and restrictions set forth in this Article VIII set or establish minimum standards in excess of Governmental Regulations, including, without limitation, building and zoning regulations, the covenants, conditions and restrictions set forth in this Article VIII, of this Declaration shall take precedence and prevail over such less stringent Govenunental Regulations. Conversely, in those instances where such Govenunental Regulations set or establish minimum standards in excess of the covenants, conditions and restrictions set forth in this Article VIII, the Governmental Regulations shall take precedence and prevail over less K:IOFFICEIWf'WINIMJKIf.13ITUSC - TRA ITUSCA. [lEC Page 20 of 60 stringent covenants, conditions and restrictions set forth in this Article VIII. 8.32 Waivers. Exceptions and Variances by Developer. Notwithstanding anything to the contrary set forth in or which may otherwise be implied from the temlS and provisions of this Declaration, Developer specifically reserves exclusively unto itself, for the duration hereinafter specified, the right and privilege (but Developer shall have absolutely no obligation), upon a showing of good cause therefor, to: (a) grant waivers with respect to any existing or proposed future deviation from, or violation or infraction of, the building restrictions specified in this Article VIII of this Declaration where, in the reasonably exercised good faith judgment and discretion of Developer, Developer shall determine or decide that such deviation, violation or infraction is de minimis, minor, or insignificant, (b) grant waivers of, exceptions to, or variances from, the building restrictions specified in this Article VIII of this Declaration where special conditions and circumstances exist which are peculiar to a particular Lot and not generally applicable to other Lots (e.g., because of its unusual size, configuration or location) or where a literal interpretation or application of any such building restriction to a particular Lot would be inappropriate, inequitable or otherwise work or result in a hardship or deny such Lot and the Owner thereof specific rights which are generally enjoyed by other Lots and Owners; it being expressly provided, however, that, in all cases, Developer, in its exercise of such right and privilege shall, in its reasonably exercised and good faith judgment and discretion detemline or decide that its grant of any such waiver, exception or variance shall not result in, represent, be or constitute a significant deviation of or derogation from (i) the uniform plan of development for Tuskawilla Trace, (ii) the high architectural, ecological, environmental and aesthetic standards otherwise established for Tuskawilla Trace or (iii) the objects and purposes of this Declaration as hereinabove enumerated in Article II of this Declaration. Notwithstanding anything to the contrary contained in this Section 8.32, any waivers of, exceptions to, or variances from said building restrictions shall be in compliance with Governmental Regulations. Developer shall have such right and privilege to grant waivers, exceptions and variances, as aforesaid, until either the expiration of a period of fifteen (15) years from the date of the recordation of this Declaration among the Public Records of the County, or the sale by Developer in the ordinary course of business, and not in bulk, of ninety percent (90%) of all Lots in Tuskawilla Trace, whichever shall last occur. Following the occurrence of the last of the foregoing events to occur, the right and privilege of Developer to grant waivers, exceptions and variances, as aforesaid, shall be delegated and assigned by Developer to and thereafter vest in the Architectural Review Board. To the extent that any such waiver, exception or variance is granted in a paIiicular instance or with respect to any particular Lot or Improvement pursuant to the provisions of this Section 8.32, as aforesaid, the same shall not be deemed to be a precedent for the granting of such or any similar waiver, exception or variance in any other particular instance or any other particular Lot or Improvement. 8.33 Architectural Review Board Approval. Notwithstanding any other provision of this Declaration to the contrary, no Improvements may be constructed upon any Lot except by licensed building contractors approved by the Developer in its sole discretion and named on the list of Approved Builders maintained by the Architectural Review Board at the time of K;\OFFICEI WPWINIMJKlb I JITUSC- TRA ITUSCA.I>EC Page 21 of GO construction on the Lot. Any approval by the Architectural Review Board of any plans and specifications for Improvements on any Lot shall be subject to the Owner confonning to the requirements of this Section 8.33. The Developer and the Association reserve the right to enforce the provisions of this Section 8.33 by injunction or other remedies available at law or equity. ARTICLE IX COMMON PROPERTY 9.1 Additional Property. In addition to the Common Property described in Section 5.2 of this Declaration or included within the term "Common Property" as defined in Article I of this Declaration, Developer, in its sole discretion, shall have the right to convey to the Association and the Association shall be obligated to accept any other portion of the Subject Property or any other real property owned by Developer so long as such property is used or useful for any of the objects and purposes for which the Association has been created and established. Should Developer so convey any such additional property, the same shall thereupon become and thereafter continue to be Common Property which shall be subject to all covenants, conditions, restrictions, easements and reservations set forth in this Declaration with respect to all other Common Property. 9.2 Restriction on Use. Subsequent to the conveyance of any Common Property to the Association by Developer, the Common Property shall, subject only to the easements specified in Article XIV of this Declaration, be developed, improved, maintained, used and enjoyed solely for the purposes specified in this Declaration and in the instrument of conveyance and for the common health, safety, welfare and passive recreation of the residents of and visitors to the Tuskawilla Trace Community and for no other purpose or purposes whatsoever. No other use shall be made of the Common Property without the prior written consent of Developer. 9.3 Restriction on Conveyance. Subject only to the provisions of Subsection 12.5.3 of this Declaration, subsequent to the conveyance of any Common Property to the Association by Developer, the Common Property may not be subdivided, partitioned, sold, transferred, conveyed, alienated, leased, mortgaged or hypothecated by the Association in any manner whatsoever without the prior written consent of Developer. Neither shall the Common Property be abandoned by the Association without the prior written consent of Developer. Upon a violation of the provisions of this Section 9.3, title to any Common Property so subdivided, partitioned, sold, transfen'ed, conveyed, alienated, leased, mortgaged or hypothecated by the Association without the prior written consent of Developer shall automatically revert to the Developer upon the filing by Developer among the Public Records of the County of an appropriate declaration of its intention to accept such reversion. Upon any such reverter, any restriction upon, subdivision of, lease, mortgage or other interest in the Common Property, created or granted by the Association without the Developer's written consent, shall be terminated and have no fmiher effect on the Common Property. K:\OFFICE\ WPWIN\MJKI613\TUSC -TRA \TUSC A.DEC Page 22 of 60 9.4 Encumbrance as Security. Notwithstanding the provisions of Section 9.3 above, the Association shall have the right in accordance with this Declaration and its Articles of Incorporation and Bylaws to (a) borrow money for the purpose of improving, replacing, restoring or expanding the Common Property and to mortgage or otherwise encumber the Common Property solely as security for any such loan or loans and (b) engage in purchase money financing with respect to personal property and equipment purchased by the Association in connection with the perfonnance of its duties and obligations pursuant to this Declaration and to secure the payment of the purchase price therefor by the encumbrance of the personal property and equipment so purchased; it being expressly provided, however, that any such mortgage or other encumbrance shall (i) be subject in all respects to the terms and provisions of this Declaration and any amendments hereto, and (ii) be made subordinate to the rights of the City or any other governmental agency in and to the Common Property, including but not limited to the stormwater management traCts, established either pursuant to this Declaration or any Plat. In no event shall the Association be entitled or empowered to mortgage or otherwise encumber any easements granted to it. 9.5 Use by Owners. Subject to any reasonable rules and regulations adopted and promulgated by the Association pursuant to and in accordance with the provisions of Section 9.9 of this Declaration, and subject always to any and all easements granted by or reserved to Developer or others in this Declaration, each and every Owner shall have the non-exclusive right, privilege and easement to use and enjoy the Common Property for the purpose or purposes for which the same is conveyed, designated and intended by Developer and maintained by the Association, and such nonexclusive right, privilege and easement shall be an appurtenance to and shall pass with the title to each and every Lot within the Subject Property; subject, however, at all times to the terms, provisions, covenants, conditions, restrictions, easements and reservations set forth in this Declaration including, without limitation, the following: (a) The right of the Association to suspend the right, privilege and easement of any Owner and the members of his family, tenants, guests or other invitees to use the Common Property or any portion thereof designated by the Association during any time in which any Assessment levied by the Association against such Owner and his Lot remains unpaid and delinquent for a period of thirty (30) days or more or for a period not to exceed thirty (30) days for any single infraction of the rules and regulations of the Association with respect to the use of the Common Property; provided, however, that except for a suspension of such right, privilege and easement occasioned by the failure of an Owner to pay any Assessment within thirty (30) days from the date that the same is levied by the Association, any suspension of the right, privilege and easement to use and enjoy the Common Property shall be made by the Association, or a committee duly appointed by the Association for that purpose, only after appropriate notice and hearing given and held in accordance with the Bylaws of the Association. Notwithstanding anything herein set forth to the contrary, however, the Association shall have no right, power or authority hereunder to suspend or othelwise unreasonably interfere with any Owner's right, privilege and easement to LIse the Common Streets and Roads for ingress and egress to and from such Owner's Lot; it being expressly provided, however, that temporary interference' for K.\OFFICEI WPWINIMJKI61.\\TUSC- TRA ITUSCA.l>EC Page 23 of 60 purposes of appropriate identification at and clearance through Tuskawilla Trace access gates shall not be deemed to be an unreasonable interference with such right, privilege and easement of and for ingress and egress. (b) The right of the Association to limit the number of guests of Owners who may use the Common Property from time to time and to limit the use of the Common Property by persons not in possession of a Lot at a particular time but owning a sufficient interest therein for classification as an Owner and member of the Association. (c) The right of the Association to establish, promulgate and enforce reasonable rules and regulations pertaining and with respect to the use of the Common Property pursuant to Subsection 12.3.7 of this Declaration. (d) The right of the Association to charge reasonable admission and other fees to or for the use of the Common Property, other than for the use of easements established created or declared pursuant to this Declaration or the Plat. (e) The right of the Association to take such steps as are reasonably necessary to maintain, preserve and protect the Common Property. (f) The right of the Association, in accordance with applicable law, to suspend the right, privilege and easement of any Owner and the members of his family, tenants, guests or other invitees to use the Common Property or any portion thereof designated by the Association. 9.6 Delegation of Use. Any Owner shall be entitled to and may delegate his right, privilege and easement to use and enjoy the Common Property to the members of his family, his tenants, guests or other invitees; subject, at all times, however, to such reasonable rules and regulations governing such delegation as may be established, promulgated and enforced by the' Association pursuant to Subsection 12.3.7 of this Declaration. In the event and for so long as an Owner shall delegate such right, privilege and easement for use and enjoyment to tenants who reside on his Lot, the Association shall be entitled, after the adoption and promulgation of appropriate rules and regulations with respect thereto, to limit or restrict the right of the Owner making such delegation to a tenant in the simultaneous exercise of such right, privilege and easement of and for the use and enjoyment of the Common Property. 9.7 Waiver of Use. No Owner may exempt himself from personal liability for or exempt his Lot from any Assessments duly levied by the Association, or release the Lot owned by him from the liens, charges, encumbrances and other provisions of this Declaration, or the rules and regulations of the Association by (a) the voluntary waiver of the right, privilege and easement for the use and enjoyment of the Common Property, (b) the abandonment of his Lot or (c) by conduct which results in the Association's suspension of such right, privilege and easement as provided in Section 9.5 of this Declaration. K:IOFFICEI WPWINlMJK\(.13ITUSC .TRA ITUSCA.DEe Page 24 of 60 9.8 Administration and Care. The administration, regulation, care, maintenance, repair, restoration, replacement, preservation and protection of the Common Property shall be the responsibility of the Association as more particularly provided in Article XII of this Declaration and in the Articles of Incorporation of the Association. 9.9 Rules and Regulations. In addition to the foregoing restrictions on the use of Common Property, the Association shall have the right, power and authority, subject to the prior written consent and approval of Developer, to promulgate and impose reasonable rules and regulations governing and/or restricting the use of Common Property and to thereafter change, modify, alter, amend, rescind and augment any of the same; provided, however, that no rules or regulations so promulgated shall be in conflict with the provisions of this Declaration. Any such rules and regulations so promulgated by the Association shall be applicable to and binding upon all Common Property and all Owners and their successors and assigns, as well as upon all members of their families, their tenants, guests, and other invitees and upon all other parties claiming by, through or under such Owners. 9.10 Community Wall. The Owner of any Lot burdened by a Wall and Landscape Easement shown on the Plat may make any use of the foregoing easement area that is not inconsistent with the foregoing easement; but no attachment (including climbing vines or other vegetation) may be made to the Community Wall, and no pernlanent wall, building, or other structure may be installed, maintained, restored, or permitted to remain on any Lot within five (5) feet of the Community Wall, except (a) a side wall or fence that substantially confornls to plans and specifications approved by the Architectural Review Board, as provided in Article XV of this Declaration, or (b) as may be pernlitted by the Association's rules and regulations, or (c) with the Association or the Architectural Review Board's advance written consent. A Lot Owner shall be responsible for the maintenance of that portion of the Lot falling within the interior of the Community Wall. The Association shall be responsible for the installation, maintenance, restoration, and removal of (i) the Community Wall and (ii) the landscaping located within any five (5) foot Wall and Landscape Easement to the exterior of the Community Wall. The Wall and Landscape Easements shown on the Plat include the right of the Association to enter each Lot on which the Community Wall is situated to install, maintain, restore, and remove the Community Wall. 9.11 Payment of Assessments Not Substitute for Taxes. The payment of Assessments from time to time established, made, levied, imposed and collected by the Association pursuant to this Declaration, including, without limitation, those for the maintenance of the Common Property, including those Assessments for maintenance of the Wall and Landscape Easements, shall not be deemed to be a substitute for or otherwise relieve any Owner of the Subject Property from paying any other taxes, fees, charges or assessments imposed by the City, or any other governmental authority. K:\OFFICE\ WI'WIN\MJK\613\TUSC- TRA \TUSC A. DEC Page 25 of GO ARTICLE X ASSESSMENTS 10.1 Assessments for Common Expenses. In order to provide for and assure the availability of the funds necessary to pay Common Expenses as may be associated with and otherwise necessary for the Association to perfOl1l1 its duties and obligations pursuant to and in accordance with this Declaration and its Articles of Incorporation and Bylaws and to otherwise carry out and accomplish the objects and pUfposes for which the Association has been created and established, each Lot and each Owner of such Lot shall, by the acceptance of a deed or other conveyance of title to his Lot, whether or not it shall be expressly stated in any such deed or other conveyance, be obligated for and be deemed to have covenanted and agreed to pay to the Association all Assessments, whether the initial fee, Regular Assessments, Capital Expenditure Assessments, Special Assessments or Individual Lot Assessments, established, levied, made 'and imposed by the Association pursuant to this Declaration. All such Assessments shall be established, levied, made, imposed, enforced and collected pursuant to the provisions of this Declaration and the Articles ofIncorporation, Bylaws and rules and regulations of the Association. 10.2 Common Expenses. The Common Expenses for which Assessments shall be established, made, levied, imposed, enforced and collected by the Association pursuant to this Declaration shall be all costs and expenses incurred by the Association in the discharge and performance of the duties and obligations of the Association pursuant to this Declaration and the Articles ofIncorporation and Bylaws of the Association and in furtherance of the objects and purposes for which the Association has been fOl1l1ed, created and established, including, without limitation, the following costs and expenses: (a) Those incurred in the management and administration of the business and affairs of the Association, including, but not limited to, the salaries of any employees of the Association'and the fees or other compensation paid to consultants to the Association, including, without limitation, architects, engineers, accountants and attol1leys. (b) Those incurred in connection with the ownership, administration, management, regulation, care, maintenance, repair, restoration, replacement, improvement, preservation, and protection of the Common Property. (c) Reasonable reserves for repairs to and replacement of the Common Property. (d) Those incurred for utility services to the Association and the Common Property, including, without limitation, electric power for irrigation systems. (e) Those incurred for garbage and trash collection removal and disposal services provided to the Association and the Common Property (but not those provided to Lots). K:IOFFICEI WI'WINIMJKIU 13ITUSC- TRA ITUSCA, DEC Page 26 of 60 (f) Those incurred for Common Property landscape maintenance and replacement, including irrigation. (g) Those incurred as premiums on or for any insurance obtained by the Association, including, without limitation, fire, casualty, liability, health, medical, workman's compensation and other insurance. (h) All taxes, paid by the Association, including, without limitation, ad valorem real and personal property taxes on the Common Property, if any. (i) Those incurred in connection with any payments by the Association for the discharge of any lien or encumbrance upon the Common Property or any portion thereof. (j) Those incurred by the Architectural Review Board in the performance of its duties and obligations pursuant to this Declaration, including, without limitation, the fees of, or other compensation paid to, consultants to the Architectural Review Board, including architects, landscape architects, engineers and attorneys. (k) Those incurred from time to time by any committees of the Association which are reasonably connected to the discharge of the duties and obligations of the Association pursuant to this Declaration. (1) Those incurred in connection with the acquisition and repayment of any loans made to the Association, including the principal of, interest on and closing costs and other charges associated with any such loan or loans and/or purchase money financing engaged in by the Association. (m) Those incurred in connection with the enforcement of the provisions of this Declaration, including the fees, costs and expenses of any attorney retained or employed by the Association for that purpose. (n) Those incurred in connection with capital expenditures as described in Section 10.9. 10.3 Use of Assessments. The funds received and derived from any and all Assessments made by the Association shall be used exclusively for the performance ofthe duties and obligations of the Association pursuant to this Declaration, the payment of COl11mon Expenses, the operation and administration of the Association and the promotion of the health, safety, and general welfare of the residents of Tuskawilla Trace and for the benefit of the Tuskawilla Trace Community generally. 10.4 Prohibited Use of Assessments. Notwithstanding anything to the contrary set forth in or otherwise implied from the terms and provisions ofthis Declaration, generally, or K IOFF/CEIWPWINIMJKIl, /3ITUSC. TRA ITUSCA.DEC Page 27 of GO Sections 10.1 and 10.2 of this Declaration, in paliicular, the Association shall not have the power or authority to use, make, levy, impose, enforce or collect, and is hereby expressly prohibited from using, making, levying, imposing, enforcing or collecting, any Assessment for the purpose, in whole or part, of financing the prosecution of or otherwise supporting any actual or contemplated litigation, including any and all appeals related thereto, against Developer with respect to matters related to TuskawilIa Trace or its development or operation. If, notwithstanding the foregoing prohibition, the Association shall attempt to use, make, levy, impose, enforce and collect any Assessment for such prohibited purpose or use, Developer and any Lot or other property owned by Developer within Tuskawilla Trace shall be and are hereby exempted from any such Assessment or attempted Assessment. 10.5 Lien for Assessments. All Assessments established, made, levied, and imposed by the Association pursuant to this Declaration, together with interest, late charges, costs and expenses, including attorneys' fees associated with the collection thereof (whether suit be brought or not), shall be a charge, and a continuing lien upon each Lot against or with respect to which any such Assessment is made or levied. 10.6 Personal Liability for Assessments. In addition to the foregoing lien for such' Assessments, each such Assessment, together with interest, late charges, costs and expenses, including attorneys' fees associated with the collection thereof (whether suit be brought or not and whether at the trial or any appellate level), as aforesaid, shall also be the personal obligation and liability of the Owner of the Lot against or with respect to which any such Assessment is made, levied or imposed at the time such Assessment is so made, levied or imposed. Such personal liability for Assessments made, levied or imposed pursuant to this Declaration prior to the sale, transfer or other conveyance of a particular Lot shall not, by virtue of any such sale, transfer or other conveyance, pass to such Owner's successor or successors in title unless such personal liability of the Owner shall be expressly assumed in writing as the personal obligation of such successor or successors in title; provided, however, that no such assumption of personal liability by such successor or successors in title shall relieve any Owner otherwise personally liable for payment of Assessments from the personal liability and obligation for the payment of the same. 10.7 Types of Assessments. The Association is hereby authorized and empowered to establish, make, levy, impose, enforce and collect (a) an initial fee, (b) Regular Assessments, (c) Capital Expenditure Assessments, (d) Special Assessments, and (e) Individual Lot Assessments, all as described below. The initial fee shall be collectible from the Owner of a Lot upon the Owner's acquisition of title to the Lot from Developer. Developer shall not be obligated to pay an initial fee as to any Lot. The initial fee shall be TWO HUNDRED FIFTY AND NOll 00 DOLLARS ($250.00) for calendar year 1998. Subsequent to calendar year 1998, the amount of the initial fee for calendar year 1999 and each successive calendar year thereafter shall be established and detem1ined by the Board which will use its best efforts to establish the fee no later than thirty (30) days prior to the K.\lJFFICEIWPWINIMJKII, 13ITIJSC- TKAITUSCA DEe Page 28 of 60 beginning of each calendar year. The initial fees shall be deposited into a separate interest bearing bank account to be held in trust by the Association and, accordingly, same my not be utilized by the Declarant or any other entity, including the Association, until such time as the homeowners take over control of the Association from the Declarant which is to occur at such time as the Class B membership ceases to exist. 10.8 Regular Assessments. The Association shall be and is hereby authorized, empowered and directed to establish, levy, make, impose, enforce and collect during each calendar year a regular assessment for Common Expenses to be incurred by the Association during such calendar year (the "Regular Assessment(s)") in the performance of its duties and obligations pursuant to this Declaration. Such Regular Assessments shall be established, made, levied, imposed, enforced, collected and otherwise governed by the following provisions: 1 0.8.1 Rate of Regular Assessment. The amount of the Regular Assessment for calendar year 1998 and each subsequent calendar year thereafter shall be established and determined by the Board which shall make a good faith effort to establish same not later than thirty (30) days prior to the beginning of each calendar year. The Board shall establish the Regular Assessment for each calendar year based upon a pro forma operating statement or estimated budget for such calendar year which in turn shall be based, among other things, upon an estimate of the total Common Expenses likely to be incurred during such calendar year, taking into account the previous operating history of and any surplus funds (not including reserves) held by the Association. The total amount of the Common Expenses so estimated shall be divided by twenty-four (24) which is the total number of Lots the Developer currently plans to develop in Tuskawilla Trace. The quotient shall constitute the amount of the Regular Assessment for the "constructed Lots" (as defined in Subsection 10.8.2) for such calendar years. Pursuant to Subsection 10.8.2, the Regular Assessment for Lots that are not constructed Lots shall be no more than twenty percent (20%) of that for the constructed Lots. 10.8.2 Developed vs. Undeveloped Lots. Lots upon which construction has commenced ("constructed Lots") derive a greater benefit from Common Property and Assessments than do the Lots which are not being constructed upon. For this reason, the Association in establishing the rate of Regular Assessments shall assess Lots that are not constructed Lots for an amount less than constructed Lots. In this regard, the Regular Assessments of Lots that are not constructed Lots shall not exceed twenty percent (20%) of the Regular Assessments of constructed Lots. For purposes of this provision, construction shall be deemed to have commenced as to any Lot upon the earlier of (a) the commencement of construction of vertical Improvements pursuant to the appropriate and necessary governmental approvals and pennits, and (b) the conveyance of said Lot by the Developer to a third party person. 10.8.3 Notice of Regular Assessments. For each calendar year the Association shall provide written notice to each Owner of the amount of the Regular Assessment established, made, levied and imposed that calendar year and the dates upon which installments for the same K -\OFFICE\ WPWIJ\~MJK\6 J 3\TUSC-TRA ITlJSCA.DEC Page 29 of GO shall become due and payable. 10.8.4 Commencement of Regular Assessments. Unless otherwise detennined by the Board of Directors of the Association, Regular Assessments shall commence as to all Lots on the first day of the month following the first conveyance of a Lot by Developer to any third-party individual Owner. 10.8.5 Insufficient Regular Assessments. In the event that the Association shall determine during any calendar year that the Regular Assessment established for such calendar year is or will become inadequate or insufficient to meet all Common Expenses for such calendar year, for whatever reason, the Association shall be entitled to immediately detenlline the approximate amount ofthe deficiency or inadequacy of the Regular Assessment for such fiscal. year, issue a supplemental estimate of Common Expenses to all members ofthe Association and within thirty (30) days thereafter establish, make, levy, impose, enforce and collect a supplemental or revised Regular Assessment for such calendar year. 10.8.6 Limitation on Increases. After the Association's first full calendar year of operation the Association shall not establish, make, levy, impose, enforce and collect any Regular Assessment which is increased over the amount of the Regular Assessment for the immediately preceding calendar year by (i) more than fifty percent (50%) with respect to the second full calendar year, or (ii) more than twenty-five percent (25%) for any subsequent full calendar year, without the prior approval of a majority of the total voting power held by the Members who are voting in person or by proxy at a meeting of the Association duly called for such purpose and of which written notice specifying the amount of a proposed increase in the Regular Assessment over the Regular Assessment for the prior fiscal year is sent to each member of the Association at least thirty (30) days in advance of such meeting. 10.8.7 Payment of Assessments. Regular Assessments shall be due and payable in advance in monthly, quarterly, semiannual or annual installments as determined by the Board of Directors of the Association, in its reasonable discretion. Such installments shall be due and payable without any further notice other than that notice specified in Subsection 10.8.3 above. 10.8.8 Developer Option. Notwithstanding anything set forth in this Declaration to the contrary, the Developer shall not be subject to the initial fee. In addition, until such time as Class B membership in the Association is converted to Class A membership as provided in Subsection 13.6.2 of this Declaration, Developer shall have the option of either: (a) paying the Regular Assessments with respect to each Lot owned by Developer from time to time, the same as any other Owner or (b) in lieu of paying the amount of the Regular Assessments that would otherwise be due based on the Lots owned by the Developer from time to time, paying the difference between the actual Common Expenses incurred by the Association for a particular calendar year over the total amount of Regular Assessments levied by the Association against all other Lots (i.e., Lots not owned by Developer) and Owners during such year. Commencing at such time as the Class B membership in the Association is converted to Class A membership, the Developer K:IOFFICEIWPWlNIMJKI61 JITUSC. TRA ITUSCA.DEC Page 30 of GO must pay the Regular Assessment with respect to each Lot owned by it from time to time, same as any other Owner. 10.8.9 Reserves. The Regular Assessments shall include a reasonable amount as determined by the Board of Directors of the Association to be collected as reserves for such other purpose or purposes as shall be determined by the Board of Directors of the Association, in its reasonable discretion. Notwithstanding the foregoing, as a component of the Regular Assessments the reserves shall not be less than ten percent (10%) of the total of the Regular Assessments. Such portion of Regular Assessments representing amounts collected as reserves, whether pursuant to this Subsection 10.8.9 or otherwise, shall be deposited by the Association in a separate interest bearing bank account to be held in trust by the Association for the purpose or purposes for which the same are collected and are to be segregated from and not commingled with any other funds of the Association. The account balance shall be turned-over to the Association at such time as the Class B membership ceases pursuant to Subsection 13.6.2. 10.9 Capital Expenditure Assessments. In addition to the other Assessments for which provision is made in this Declaration, the Association shall be and is hereby authorized and empowered to establish, make, levy, impose, enforce and collect from time to time capital expenditure assessments for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, or the unexpected repair or replacement of any capital improvement to or upon the Common Property or the cost of the initial purchase or any subsequent unexpected repair or replacement of any equipment or personal property purchased, repaired or replaced by the Association in furtherance of the discharge of its duties and obligations pursuant to this Declaration (the "Capital Expenditure Assessments"); provided, however, that any such Capital Expenditure Assessment shall have the prior approval of greater than fifty percent (500%) ofthe total voting power of the members who are voting in person or by proxy at a meeting of the Association duly called for such purpose and of which written notice specifying the nature of the proposed capital expenditure and the amount of the proposed Capital Expenditure Assessment is sent to all members of the Association at least thirty (30) days in advance of such meeting. All sums collected as Capital Expenditure Assessments shall be used only for the capital improvements or purchases for or with respect to which such Capital Expenditure Assessment has been approved and such sums shall be deposited by the Association . in a separate interest bearing bank account, not commingled with any other funds of the Association, to be held in trust by the Association for such purposes. 10.10 Special Assessments. In addition to other Assessments for which provision.is made in this Declaration, the Association shall be and hereby is authorized and empowered to establish, make, levy, impose, enforce and collect from time to time special assessments for any purpose directly related to the discharge of its duties and obligations pursuant to this Declaration K;IOFFICE\WPWlN\MJK\6J 3ITUSC. TRAlTUSC.DEC.REV Page 3 I of 60 (the "Special Assessments"); provided, however, that any such Special Assessment shall have the prior approval of greater than fifty percent (50%) of the total voting power of the members of the Association who are voting in person or by proxy at a meeting of the Association duly called for such purpose. Written notice specifying the nature and amount of the proposed Special Assessment must be sent to all members of the Association at least thirty (30) days in advance of such meeting. All sums collected as Special Assessments shall be used only for the purpose for which such Special Assessments are established, made, levied, imposed, enforced and collected and shall be deposited in a separate interest beating bank account, not commingled with any other funds of the Association, and held in trust by the Association for such purpose. 10.11 Individual Lot Assessments. In addition to any other assessments for which provisions are made in this Declaration, and subject to the limitations put on the Association in Section 10.4, the Association shall be and hereby is authorized and empowered to establish, make, levy, impose, enforce and collect against and from a particular Lot and the Owner of such Lot an assessment (the Individual Lot Assessment") for: (a) costs and expenses incurred by the Association in bringing a particular Owner of a particular Lot into compliance with the provisions of this Declaration, including any action taken or cost or expense incurred by the Association to cure and eliminate any violation of or noncompliance with the provisions of this Declaration, following the failure of such Owner, within fourteen (14) days following written notice from the Association of the nature of the violation of or non-compliance with this Declaration, to cure or remedy such violation or noncompliance; (b) costs and expenses, including reasonable attorneys' fees, whether or not suit be brought, incurred by the Association in the enforcement of the provisions of this Declaration against a particular Lot or the Owner of such Lot; (c) costs and expenses incurred by the Association in furnishing or providing labor, services and materials which benefit a particular Lot or the Owner of a particular Lot provided that such labor, services or materials can be accepted or rejected by such particular Owner in advance of the Association's furnishing or providing the same such that upon such Owner's acceptance of any such labor, services or materials such Owner shall be deemed to have agreed that the costs and expenses associated therewith shall be made, levied, imposed, collected and enforced as an Individual Lot Assessment against such particular Owner and his particular Lot; and (d) reasonable overhead expenses of the Association associated with any Individual Lot Assessment, established, made, levied, imposed, collected and enforced pursuant to this Section 10.11. 10.12 Quorum for Action Authorized Under Subsection 10.8.6 and Sections 10.9 and 10.10. The quorum required at any meeting of the Association for any action authorized K:IOFFICEIWPWIN\MJKI6I 3ITUSC- TRA ITUSCA. DEC Page 32 of GO pursuant to Subsection 1 0.8.6 and Sections 10.9 and 10.10 of this Declaration shall be as follows: At the first meeting called for the purpose of taking any such action the presence at such meeting, in person or by proxy, of members of the Association entitled to cast thirty percent (30%) of the total voting power of the Association shall constitute a quorum. If the required quorum is not forthcoming at such first meeting, a subsequent meeting may be called for the same purpose, subject to the notice requirements set forth in said Subsection] 0.8.6 and Sections 10.9 and ] 0.1 0, and the required quorum at any such subsequent meeting shall be one-half (Yz) of the required quorum at the first meeting provided that no such subsequent meeting shall be held more than sixty (60) days following the date of the first meeting. 10.13 Uniformity of Assessments. Except for Individual Lot Assessments for which provision is made in Section 10.11 of this Declaration, and subject to Subsection 10.8.2 and the Developer's rights under Subsection 10.8.8, all Assessments shall be uniforn11y fixed at an equal amount per Lot and shall be collected on a uniforn1 basis from the Owner of each Lot. 10.14 Exempt Propertv. Any property, other than a Lot, which is owned by or dedicated to and accepted by any governmental body or agency, shall be exempt from any Assessments. All property otherwise exempted from taxation by the laws of the State of Florida or the United States of America shall also be exempt from all Assessments; but only upon the same terms, subject to the same conditions and only to the extent of any such exemption from taxation. 10.15 Subordination of Assessment Lien. The lien of and for all Assessments provided for in Article X shall be and is hereby made junior, inferior and subordinate in all respects to the lien of any bona fide first mortgage held by an Institutional Lender upon a particular Lot recorded prior to the recording by the Association of a claim of lien for delinquent Assessments in the Public Records of the County. The sale, transfer or conveyance of title to a . particular Lot shall not affect the effectiveness, viability or priority of any Assessment lien or the . personal liability of the Owner of such Lot for the payment of any Assessment; provided, however, that the sale, transfer or conveyance oftitle to a particular Lot pursuant to judicial proceedings in foreclosure of, or pursuant to deed in lieu of foreclosure related to, a bona fide first mortgage on such Lot held by an Institutional Lender shall extinguish the lien of such Assessments other than those evidenced by the recording of a claim of lien prior to the recording of the mortgage (but not the personal liability of the Owner of such Lot) as to payments on account thereof which became due and payable prior to such foreclosure sale, transfer or conveyance. However, no such foreclosure sale, transfer or conveyance shall relieve such Lot or the Owner of that Lot from the personal obligation or liability for the payment of any Assessments accruing or becoming due and payable subsequent to such sale, transfer or conveyance from the lien thereof. 10.16 Certificate of Assessments Due. The Association shall, upon the request of an Owner or any other interested party, furnish a certificate executed by its President, Vice President, Secretary, Treasurer or any other officer "hereunto duly authorized, setting forth K:IOFFICEIWPWINIMJKI613ITUSC.TRAITUSCA DEC Page 33 of GO whether Assessments payable with respect to a particular Lot have been paid, the amount of the delinquency, if any, and the amounts of any outstanding and unpaid interest, late charges, penalties, costs of collection, including attorneys' fees and court costs, if any, associated with any such delinquent Assessments. A properly executed certificate of the Association as to the status of Assessments, as aforesaid, shall be binding upon the Association as conclusive evidence or the status of the payment of any Assessment therein stated to have been paid or to be delinquent as of the date of the issuance of such certificate. The Association shall be entitled to charge and collect a reasonable fee for and as a condition precedent to the issuance of any such certificate not to exceed Twenty-five and Noll 00 Dollars ($25.00). 10.17 No Defenses or Offsets. All Assessments shall be payable in full and at the. times due. No defenses or offsets against the payment of such amount shall be pernlitted for any reason whatsoever, including, without limitation, any claim by an Owner that (a) the Association is not properly exercising its rights and powers or performing or discharging its duties and obligations as provided in this Declaration, the Articles or Bylaws; (b) an Owner and his family has made, or elected to make, no use of the Common Property; (c) the Owner and his fanlily have otherwise made a purported waiver or elected to waive their membership in the . Association; or (d) the Association has suspended the right, privilege and easement of such . Owner and his family to use the Common Property as provided in Section 9.5 of this Declaration. 10.18 Waiver of Homestead and Other Exemptions. Each Owner, by the acceptance of a deed or other conveyance to his Lot, shall, to the extent permitted by applicable law, be deemed to have waived, to the extent of any lien for Assessments at any time imposed upon such Lot pursuant to this Declaration, the benefit of any homestead or similar exemption laws of the State of Florida or the United States of America now in effect or hereafter enacted. ARTICLE XI NON-PAYMENT OF ASSESSMENTS 11.1 Delinquency. Any Assessment established, made, levied or imposed by the Association pursuant to and in accordance with this Declaration which is not paid on its due date shall be deemed to be delinquent on that date. With reasonable promptness after any Assessment becomes delinquent, the Association shall provide written notice of such delinquency to the Owner of the Lot with respect to which such delinquent Assessment has been made, levied and imposed. lfthe delinquent Assessment is not paid within ten (10) days following the delivery of such notice of delinquency, the Association, in its discretion, shall be entitled to immediately impose a reasonable late charge associated with the administration of such delinquent Assessment. Additionally, any such unpaid Assessment shall bear interest from the date of delinquency at the highest rate then allowed by the laws of the State of Florida. 11.2 Notice of Lien. The Association shall, at any time following the expiration of a period of ten (10) days following the aforesaid delivery of the notice of delinquency, be entitled K:IOFFICE\ WI'WI NIMJKI6131TIJSC .TRA \TIJSCA.lJEC Page 34 of 60 to cause a Claim of Lien for such delinquent Assessments to be filed among the Public Records of the County. Any such Claim of Lien shal1, among other things, state and identify the legal description of the Lot against or with respect to which the lien is claimed, the name of the record Owner of such Lot as best known to the Association as determined from its records, the amount of the lien claimed, including the amount of interest accrued and the rate of accrual, late charges, and costs and expenses associated with col1ection, including attomeys' fees, if any, accrued to the date of the execution of such Claim of Lien. Such Claim of Lien shall be executed by the President, Vice President, Secretary, Treasurer or other officer of the Association hereunto duly authorized by the Association or by the attomey for the Association. Within seven (7) days of the recording of the same, a copy of such Claim of Lien shal1 be sent to the Owner of the Lot against or with respect to which such lien is claimed. 11.3 Foreclosure of Assessment Lien. The Association shall, at any time subsequent to.the filing of the aforesaid Claim of Lien among the Public Records of the County against or with respect to a particular Lot, be entitled to bring an action in the the appropriate Court of the Eighteenth Judicial Circuit in and for the County to foreclose the lien of the Association for delinquent Assessments evidenced by such Claim of Lien in the same manner as mortgage liens are foreclosed. Any judicial sale pursuant to such foreclosure action shal1 be conducted as ordered by the Court or in accordance with the provisions of Section 45.031 Florida Statutes (1995), as amended or replaced from time to time. The Association shall have the right and power to bid at any foreclosure sale with respect to any lien foreclosed by it using its judgment for the delinquent Assessment, Association funds, and funds otherwise borrowed by the Association for that purpose, and if the successful bidder at such foreclosure sale, to acquire, own, hold, lease, sell, mortgage and convey any Lot upon or with respect to which it has foreclosed its lien for delinquent Assessments. 11.4 Collection from Owner. The Association shall, at any time following the delivery of the aforesaid notice of delinquency, also be entitled to bring an action at law for the recovery and collection of such delinquent Assessment in the appropriate Court of the Eighteenth Judicial Circuit in and for the County against the Owner of the Lot personally obligated for the payment of such delinquent Assessment. Each Owner of a Lot, by the acceptance of a deed or other conveyance of the Lot owned by him shall be deemed to have agreed and consented to the jurisdiction of said Court over the person of such Owner for purposes of any action at law for the recovery and collection of any delinquent Assessment for the payment of which he is personally obligated. 11.5 Judgment Amount. Whether in an action at equity to foreclose the lien of the Association for delinquent Assessments or in an action at law for the recovery and collection of any such delinquent Assessment from the Owner of the Lot personally obligated for the payments of the same, the Association shall be entitled to recover in such proceedings the amount of such delinquent Assessment, together with late charges and interest thereon, if any, and such costs and expenses, including reasonable attomeys' fees incurred either at trial level or on appeal, associated with the enforcement, recovery and collection thereof as may be awarded K:IOFFICEI WPWI N\MJKI613ITUSC -'rR1\ ITUSC A.DEC Page 35 of 60 by the Court. 11.6 Remedies Cumulative. The remedies herein provided for the collection and enforcement of Assessments and the foreclosure of the lien therefor shall be cumulative and not alternative, it'being expressly provided that any suits brought for the collection of assessments against the Owner personally obligated and liable for the payment of the same and for the foreclosure of the lien herein provided against the Lot involved may be brought simultaneously as separate counts in the same action. 11.7 Satisfaction of Lien. Upon payment or other satisfaction of (a) all delinquent Assessments specified in the Claim of Lien, (b) interest, late charges, costs and expenses of collection, including attorneys' fees, as aforesaid, which have accrued to the date of such payment or satisfaction, and (c) all other assessments which have become due and payable with respect to the Lot with respect to which a Claim of Lien has been recorded, the President, Vice President, Secretary, Treasurer or other officer of the Association hereunto duly authorized, or the attorney for the Association, shall cause an appropriate release of such Claim of Lien to be . filed and recorded among the Public Records of the County upon the payment by Owner of the Lot with respect to which such Clairi1 of Lien was recorded of a reasonable fee. to be detennii1ed by the Association, but-not to exceed FIFTY AND NOll 00 DOLLARS ($50.00) to cover the costs associated with the administration of the satisfaction of such lien including, without limitation, the cost of preparing and r\(cording such release. ARTICLE XII ASSOCIATION: PURPOSES. DUTIES AND POWERS 12.1 Obiects and Purposes and Function. The Association has been created and established in order to advance the objects and purposes of this Declaration. The Association shall have exclusive jurisdiction over and the sole responsibility for the establishment, levy, imposition, enforcement and collection of all Assessments for which provision is made in this Declaration, the administration, regulation, care, maintenance, repair, restoration, replacement; preservation and protection of the Common Property, the payment of all Common Expenses, as defined in this Declaration, and the promotion and advancement of the health, safety and general welfare of the members of the Association; all as more particularly provided in this Declaration and in the Articles of Incorporation, Bylaws and rules and regulations of the Association. 12.2 Duties and Powers. In addition to those duties and powers conferred by law and those specified and enumerated in its AIiicles ofIncorporation and Bylaws, the Association shall also have such duties and powers as are, respectively, imposed and conferred upon it pursuant to this Declaration, including, without limitation, such duties and powers as may be reasonably imposed from, necessary for and incidental to the accomplishment of the objects and purposes for which the Association has been created and established. 12.3 Duties of Association. The Association, acting by and through its Board of K:IOFFICEI WPWIN\MJKI6 J 3ITUSC- TRA ITUSC A.DEC Page 36 of 60 Directors, shall, in addition to those general and specific duties, responsibilities and obligations imposed upon it by law and those specified in its Articles ofIncorporation and Bylaws, have the following specific duties, responsibilities and obligations: 12.3.1 Payment of Common Expenses. To pay all Common Expenses and any other expenses for which Assessments are made associated with the management and administration of the business and affairs of the Association and all other Common Expenses and any other expenses for which Assessments are made for which provision is made in this Declaration. 12.3.2 Levy and Collection of Assessments. To establish, make, levy, impose, or force and collect all Assessments for which provision is made in this Declaration or which shall otherwise be necessary to provide and assure the availability of such funds as may be reasonably necessary to pay all Common Expenses or otherwise conduct the business and affairs of the Association. . 12.3.3 Other Services. To provide and perform such other services and tasks, the responsibility for which has been expressly or impliedly delegated to the Association pursuant to this Declaration. 12.3.4 Insurance. Subject to the Board's sole discretion in determining the types of insurance coverages to purchase and the amounts thereof, to provide adequate insurance protection on and for the Common Property and, consistent with their respective duties, responsibilities and liabilities, provide adequate insurance protection on and for the Association itself and its officers and directors, as well as for the members of the Archite,ctural Review Board established pursuant to this Declaration. 12.3.5 Preserve and Enhance Beauty of Tuskawilla Trace. To preserve, protect, maintain and enhance the appearance and natural beauty of the Common Property and Tuskawilla Trace Community generally. 12.3.6 Promotion of Health. Safety and Welfare. To advance, promote, enhance and protect the health, safety and general welfare of the members of the Association, the residents of Tuskawilla Trace and the Tuskawilla Trace Community generally; provided, however, that the Association shall be and hereby is specifically prohibited from engaging in any political activity or any other activity whereby its status as a corporation not-for-profit or its exemption from Federal or state income taxation, if any, shall be forfeited or jeopardized. 12.3.7 Establish and Enforce Rules and Regulations. To make, establish, promulgate and publish, and to enforce such rules and regulations for the protection, and governing the use, of Common Property as the Board of Directors of the Association deems to be in the best interest of the Association and its members. 12.3.8 Other Activities. To engage in any and all other activities permitted to be K:\OFFICEIWPWINIMJKI613ITlISC.TRAITU5CA.DEC Page 37 of GO engaged in by a corporation not-for-profit under the laws of the State of Florida as may be necessary or appropriate for the achievement of the objects and purposes for which the Association has been created, fonned and established. 12.3.9 Operate Without Profit. To operate without profit for the sole and exclusive benefit of its members and the Tuskawilla Trace Community. 12.4 Powers of Association. The Association, acting by and through its Board of Directors, shall, in addition to those general and specific powers conferred upon it by law and those powers specified in its AIiic1es oflncorporation and Bylaws, have the following specific powers: 12.4.1 Own and Deal with Common Property. Except as may be limited by the terms of this Declaration and the Articles ofIncorporation and Bylaws of the Association, to acquire, own, hold, control, administer, manage, operate, regulate, care for, maintain, repair, replace, restore, preserve, protect, buy, sell, lease, transfer, convey, encumber or otherwise deal in or with real or personal property, (or any interest therein, including easements) which is, or upon its acquisition by the Association shall thereupon become, Common Property as defined in this Declaration. 12.4.2 Levy and Collect Assessments. To establish, make, levy, impose, enforce and collect all Assessments and impose, foreclose and otherwise enforce all liens for Assessments for which provision is made in this Declaration in accordance with the temlS and provisions of this Declaration and the Articles oflncorporation and Bylaws of the Association. 12.4.3 Establish Reserves. To create, establish, maintain, and administer such capital expenditure reserves and other reserve funds or accounts as shall, in the discretion of the Board of Directors, be reasonably necessary to provide and assure the availability of funds necessary for the care, maintenance, repair, replacement, restoration, preservation, and protection of all Common Property, including all easements and facilities, and for such other purposes as the Board of Directors of the Association, in its reasonable discretion shall deem necessary or appropriate. 12.4.4 Sue and Be Sued. To sue and be sued and to defend any suits brought against it. 12.4.5 Bon"ow Money. Subject to the limitations specified in Section 12.5 of this Declaration and in the Articles of Incorporation of the Association, to borrow such money as may reasonably be required to discharge and perform the duties, responsibilities and obligations imposed upon the Association pursuant to this Declaration and the Articles of Incorporation of the Association. 12.4.6 Employ and Contract. To employ such persons or to contract with such independent contractors or managing agents as shall be reasonably required in order for the K:\OFFICEI W/'WINlMJKI6 J 3ITllSC-TRA ITllSCA.DEC Page 38 of GO Association to carry out, perf 01111 and discharge all or any part of its duties obligations and responsibilities pursuant to this Declaration and the Articles of Incorporation of the Association; provided, however, that any such employment contract or contract with any independent contractor or managing agent for a tern1 of more than one (1) year shall, by its express tern1s, be terminable (i) for cause at any time upon not more than thirty (30) days written notice by the Association and (ii) without cause at any time after one (1) year upon not more than sixty (60) days written notice by either party; and, provided further, that any such contract shall othelWise be subject to the provisions of Section 12.5 of this Declaration. 12.4.7 Intentionally Blank. 12.4.8 Provide Public or Quasi Public Services. Subject to the rights of the City under applicable franchise agreement, to itself provide equipment, facilities and personnel or to contract with an independent contractor or independent contractors, for such public or quasi public services as may be deemed by the Association to be reasonably necessary or desirable for the common health, safety and general welfare of the residents of Tuskawilla Trace and the Tuskawilla Trace Community generally, including, without limitation, internal security and protection services, garbage and trash pickup and disposal services, cable television services and street lighting services. 12.4.9 Enforce Declaration. To take such steps as may be necessary to enforce the provisions of this Declaration, including, without limitation the employment of counsel and the institution and prosecution of litigation to enforce the provisions of this Declaration including,. ., without limitation, such litigation as may be necessary to collect assessments and foreclose liens for which provisions are made in this Declaration. 12.4.10 Surface Water Management System. The Association shall be. responsible for the maintenance, operation and repair of the Surface Water Management System including, but not limited to, the roadway and rear-yard under-drains. Maintenance of the Surface Water Management System(s) including, but not limited to, the roadway and rear-yard under-drains, shall mean the exercise of practices which allow the systems to provide drainage, water storage, conveyance or other surface water or stonn water management capabilities as permitted by the SJRWMD. The Association shall be responsible for such maintenance and operation. Any repair or reconstruction of the Surface Water Management System including, but not limited to, the roadway and rear-yard under-drains, shall be as permitted, or if modified as approved, by the SJRWMD or the City to the extent that the City has any jurisdiction over such system. 12.5 Limitations and Restrictions on Power of Association. In addition to such other restrictions or limitations on the powers of the Association as may be imposed by law, elsewhere in this Declaration or in the Articles ofIncorporation or Bylaws of the Association, and without limiting the generality of any thereof, the Association shall be prohibited from taking any of the following actions without the prior approval of a majority of the total voting power of the K:IOFFICElWPWINIMJKI613ITlISC. TRA ITUSCA.DEC Page 39 of GO Association. 12.5.1 Contracts for a Term in Excess of One Year. The entry into employment contract or other contracts for the delivery of services or materials to the Association having a term in excess of one (I) year, except in the case of prepaid insurance, casualty or liability contracts or policies for not more than three (3) years duration; provided that the applicable contract or policy provides for and permits early cancellation by the insured. 12.5.2 Pledge of Assessment Rights. The borrowing of any funds secured by a pledge, assignment or encumbrance of the right and duty of the Association to exercise its power to establish, make levy, impose, enforce and collect any Assessments for which provision is made in this Declaration whereby as a result of such pledge, assignment or encumbrance such right and power of assessment may be exercised by a party other than the Association or whereby the Association shall become obligated to establish, levy, enforce and collect any Assessment or Assessments' in a particular amount or within a particuhlr time so as to effectively divert from the Association and its Board of Directors the right, duty and discretion to establish, make, levy, impose, enforce and collect Assessments in such amounts and within such time periods as the Board of Directors of the Association, in its discretion, shall deem to be necessary and reasonable. It is expressly provided, however, that the foregoing limitation and restriction upon the pledge, assignment or encumbrance of the assessment rights herein contained shall not preclude the Association from pledging or making an assignment of or otherwise encumbering any Assessment which is then payable to or which will thereafter, in the ordinary course of the Association's business, become payable to the Association provided that any such assiglID1ent, pledge or encumbrance, though then presently effective, shall allow and permit any such Assessments to continue to be paid to and used by the Association as set forth in this Declaration unless and until the Association shall default on the repayment of the debt which is secured by such pledge, assignment or encumbrance. 12.5.3 Sale or Transfer of Real Property. The sale, transfer or other disposition, whether or not for consideration, of any real property owned by the Association as Common Property; provided, however, in no event shall the Association be entitled or empowered to sell, conveyor transfer any real property constituting Common Property transferred and conveyed by Developer to the Association pursuant to the provisions of Section 9.1 of this Declaration without first receiving the prior written consent of Developer. Further, upon the request of Developer, the Association shall re-convey to Developer any Common Property previously conveyed by Developer to the Association, in the event such original conveyance was made in error or in the event Developer modifies the development plan for Tuskawilla Trace in such manner as to require the incorporation of the affected Common Property into Residential Property use. Any such reconveyance to Developer shall automatically cause all of the easements created under Article XIV or the Plat to be automatically void, released and vacated without the requirement of any written release from any easement holder. Notwithstanding anything to the contrary contained in the foregoing, the Association shall not be pennitted to sell, transfer or otherwise dispose of any lands upon which such is contained any part of the Surface K :\OFFICE\WPWINlMJK\& 13\TUSC- TRA \TlJSC A.DEe Page 40 of 60 Water Management System, or any facilities associated with the operation of such system, without the prior written consent of the SJRWMD and the City. 12.5.4 Payment of Compensation to Officers or Directors. The payment of compensation to the elected directors or to officers of the Association for services performed in the conduct of their duties is prohibited; provided, however, that nothing herein contained shall preclude the Association from reimbursing any such elected director or officer. for reasonable expenses actually incurred and paid by any such elected director or officer in the conduct of the business and affairs of the Association; and provided, further, that nothing herein contained shall preclude the employment by the Association and payment of compensation to a manager or . executive director of the Association who shall not be an elected director or officer of the Association. ARTICLE XIII ASSOCIA TION. MEMBERSHIP AND VOTING RIGHTS 13.1 Membership.. Every Owner shall automatically and mandatorily be a Member. of the Association upon becoming an Owner. Additionally, Developer shall automatically and mandatorily be a member of the Association. Membership may not be refused, waived or surrendered, but a member's voting rights and use and enjoyment of the Common Property may be regulated or suspended as provided in this Declaration and the Articles of Incorporation; Bylaws and rules and regulations of the Association. 13.2 Transfer of Membership. Membership in the Association shall be'appurtenant. to and may not be separated from the ownership interest of an Owner in the Lot owned by such. Owner. The membership of an Owner in the Association shall not be transferred, pledged or alienated in any way, except that such membership shall automatically be transferred and assigned to a transferee upon the transfer of the ownership interest required for membership in the Association. The Associatioi1 shall have the right to record any such automatic transfer upon the books and records of the Association without any further action or consent by the transferring Owner or any transferee Owner. Any attempt to make a prohibited transfer of membership, however, shall be void and of no force and effect and will not be reflected upon the books and records of the Association. 13.3 Members' Rights. The rights of every Member of the Association shall be subject to and governed by the tel111S and provisions not only of this Declaration, but, in addition, shall at all times be subject to the terms and provisions of the Articles ofIncorporation, Bylaws and Rules and Regulations of the Association. 13.4 Intentionally Blank. 13.5 Voting Rights. An Owner's right to vote shall vest immediately upon such Owner's qualification for membership as provided in this Declaration and the Articles of K:IOFFICEI WPWfNlMJKI6 J 3ITUSC. TRA ITUSCA. DEe Page 41 of GO Incorporation and Bylaws of the Association. All voting rights of a member shall be exercised in accordance with and subject to the restrictions and limitations provided in this Declaration and in the Articles oflncorporation, and Bylaws of the Association. 13.6 Classes ofYoting Membership: Number of Votes. The Association shall have two (2) classes of voting membership as follows: 13.6.1 Class A. Class A Members shall be all Owners of Lots, with the exception of Developer until Class B membership has been converted to Class A membership as provided in Subsection 13.6.2 of this Declaration and in the Articles of Incorporation of the Association, and after such conversion all Owners of Lots classified as Residential Property shall be Class A Members. Class A Members shall be entitled to one (1) vote for each Lot in which they hold the ownership interest required for membership; provided, however, that in the event that (i) two (2) or more contiguous Lots or (ii) one (1) Lot and a portion of another Lot contiguous thereto are owned in common by the same Owner and combined, developed and improved by such Owner as a single unified residential homesite, the Owner of any such combination of Lots shall only be entitled to one (1) vote for each such combination of Lots so owned. When more than one person or entity holds the ownership interest required for membership in the Association, each such person or entity shall be a member, but the single vote of such Members with respect to the Lot owned by them shall be exercised as those holding a majority interest in the Lot determine. However, in no event shall more than one (1) Class A vote be cast with respect to any Lot which is owned by more than one person or entity. The Association may, but shall not be obligated to, recognize the vote or written assent of any co-owner of a Lot, but the Association shall recognize the vote or written assent of a particular co-owner who or which is designated by a majority interest of all co-owners entitled to cast the vote attributable to the Lot owned by such co-owners, provided that such written designation shall be delivered to the Association not less than twenty-four (24) hours prior to the taking of the particular vote in question. 13.6.2 Class B. The Class B Member shall be the Developer. The Class B Member shall be entitled to five (5) votes for each Lot in which Developer holds the ownership interest required for membership; provided, however, that Class B membership shall cease and be converted to Class A membership when the total K:\OfFICEI WPWI NIMJKI6 I 3ITUSC- TRA \TUSCA. DEC Page 42 of GO votes outstanding in Class A membership exceeds the total votes outstanding in Class B membership, at which time Class B membership shall automatically be tem1inated and the Class B Member shall be entitled and required to vote as a Class A Member. Notwithstanding the foregoing, Tuskawilla Trace may be developed in phases, with the recordation of more than one (1) plat affecting the Subject Property. Developer intends to develop twenty-four (24) Lots in the Subject Property, and effective as of the date of this Declaration Developer shall have five (5) Class B votes for each of such twenty-four (24) Lots, regardless of whether any or all of such Lots have been included in a recorded plat of all or a portion of the Subject Property. Further, in the event that the plats of the Subject Property create more than twenty-four (24) Lots, Developer shall also have five (5) Class B votes for each Lot in excess of the original estimate of twenty-four (24) Lots, from the date of recordation of the plates) which incorporate the increase in the number of Lots. 13.7 Intentionally Blank. 13.8 Approval by Members. Unless elsewhere otherwise specifically provided in this Declaration or the Articles of Incorporation or Bylaws of the Association, any provision of this Declaration or the Articles oflncorporation and Bylaws of the Association which requires the vote or approval of a majority or other specified fraction or percentage of the total voting power of the Association shall be deemed satisfied by either, both or a combination of the following: (a) The vote in person or by proxy of the majority or other specified fraction or percentage of the total voting power of the Association at a meeting duly called and noticed pursuant to the provisions of the Bylaws of the Association dealing with annual or special meetings of the Members of the Association. (b) Written consents signed by the majority or other specified fraction or percentage of the total voting power of the Association. ARTICLE XIV EASEMENTS 14.1 Easements Generally. Developer, on behalf of itself and for the benefit, where so stated, of the City, the Association, all Owners, and other specified parties, and also for the benefit of all real prope11y from time to time included within the Subject Property, hereby creates, declares and reserves the following easements upon those affected portions of the Subject Propeliy hereinafter specified: K:IOFFICE\ WPWINlMJKI6I 3ITUSC. TRA ITUSC A. DEC Page 43 of 60 14.1.1 Utility Easements. There are hereby created, declared, granted and reserved for the benefit of Developer, the City, the Association, all Owners and any public or private providers of utility services to the Subject Property and their respective successors and assigns a non-exclusive easement for utility purposes (the "Utility Easements") over, under, within and upon the Common Streets and Roads and all utility easements and easement areas shown on the Plat or otherwise reserved, declared or created pursuant to this Declaration for the purposes of constmcting, installing, inspecting, maintaining, repairing and replacing from time to time any and all utility lines, systems and facilities from time to time located therein or thereon. The utilities contemplated to be served by such Utility Easements shall include, without limitation, those providing electric power, natural gas, telephone, potable water, sanitary sewer, cable television and electronic security services. 14.1.2 Drainage Easements. There is hereby created, declared and reserv.ed for the benefit of Developer, the City, the Association and all Owners a non-exclusive easement for stormwater collection, retention, detention and drainage under, over, upon and within all drainage easements, ponds and tracts shown on the Plat or otherwise reserved, declared or created pursuant to this Declaration, together with an easement and license in favor of the Developer, the City, the SJRWMD and the Association only to enter upon such areas, and as necessary other portions of the Subject Property adjacent thereto, for the purposes of constmcting, installing, inspecting, maintaining, repairing and replacing any and all stormwater drainage systems, improvements and facilities including, but not necessarily limited to, berms, swales and retaining walls, from time to time located therein or thereon consistent with the Construction Plans. Additionally, Developer, for the benefit of itself, the City, the SJR WMD, the Association and all Owners hereby reserves easements over any and all other portions ofthe Subject Property as may be reasonably required from time to time in order to provide stormwater drainage to all or any portions of the Subject Property; provided, however, that any.such additional drainage easements shall not unreasonably interfere with the use and enjoyment by any Owners ofthe particular Lots or any Improvements from time to time placed, .located, constmcted, erected or installed thereon. The foregoing easements are sometimes hereinafter referred to as the "Drainage Easements." The Developer intends to constmct bem1s and drainage swales within portions of the Drainage Easements identified on the Plat for the purpose of managing and containing the flow of excess surface water, if any. Each Owner, including builders, shall be responsible for the maintenance, operation and repair of the berms and drainage swales on their respective Lots. Likewise, the Association shall be responsible for the maintenance, operation and repair of the berms and drainage swales that are not located on a Lot (e.g. within the Common Property). Maintenance, operation and repair shall mean the exercise of practices, such as mowing and erosion repair, which allow the berms and drainage swales to provide drainage, water storage, conveyance or other stonl1water management capabilities as pem1itted by the SJRWMD. Filling, excavation, construction of fences or otherwise obstructing the surface water flow in the swales is prohibited. No alteration of the berms and drainage swales shall be authorized and any damage to any berms and drainage swales, whether caused by natural or human-induced K; 10 FFICEI WPWI NlMJK1613 1 TUSC - TRA ITUSC ^. DEC Page 44 of 60 phenomena, shall be repaired and the berms and drainage swales returned to their former condition as soon as possible by the party (i.e. Owner or the Association) having responsibility for the maintenance of the damaged berms and drainage swales. 14.1.3 Intentionally Blank. 14.1.4 Wall and Landscape Easenients. There is hereby created, declared, granted and reserved for the benefit of Developer and the Association an easement over and upon all wall and landscape easement areas shown on the Plat (the "Wal1 and Landscape Easements") together with the easement and license to enter upon such Wal1 and Landscape Easement areas for the pUPt!oses of erecting, constructing, installing, inspecting, maintaining, repairing and replacing any and al1 screening wal1s or fences, and the installation and irrigation of any landscaping therein, which may be required by the City and/or deemed to be necessary or desirable by Developer or the Association. 14.1.5 Landscape Easements. There is hereby created, declared, granted and reserved for the benefit of Developer and the Association an easement for landscaping purposes (the "Landscape Easements") over and upon all landscape easement areas, entry ways, medians and landscape buffers shown on the Plat, if any, or hereafter declared by Developer, together with the easement and license to enter upon such areas for the purposes of instal1ing, maintaining, inspecting, repairing and replacing any and all landscaping, including trees, grasses, shrubs, bushes, ground covers and other plant materials and irrigation systems of any kind, whether the same shall be required by the City and/or deemed necessary or desirable by Developer or the Association. 14.1.6 Intentionally blank. 14.1. 7 Construction and Marketing Easements. There is hereby created, declared, granted and reserved for the benefit of Developer together with the right to grant, assign and transfer the same to Developer's sales agents and sales representatives as wel1 as to builders or building contractors approved by Developer for the construction of residences within Tuskawilla Trace, an easement for construction activities upon Residential Property and an easement for marketing activities and signs on Residential Property and for the maintenance on Residential Property from time to time of model centers in which and from which Developer and its authorized sales agents and sales representatives and approved builders and building contractors may engage in marketing and information activities on a temporary basis during the period of the development of and construction within Tuskawilla Trace (the "Construction and Marketing Easements"), provided, however, that such marketing activity shall be conducted from and within buildings constructed as single family residential dwellings which are temporarily used for such activities and which are thereafter to be sold, used and occupied as single family residential dwel1ings. The location of such model centers within Tuskawilla Trace may be changed from time to time by Developer, in its sole and absolute discretion. . K :IOFFICEI WPWI NIMJKI(' I J\TUSC- TRA ITUSCA. DEC Page 45 of 60 14.1.8 Association Easements. There is hereby created, declared and granted to the Association, such easements over and upon all or any portion of the Subject Property, as may be reasonably necessary to pemlit the Association to can-y out and discharge its duties, obligations and responsibilities under and pursuant to this Declaration and the Articles of Incorporation, Bylaws and rules and regulations of the Association (the "Association Easements"). Such Association Easements shall be in addition to the Drainage Easements hereinabove granted to the Association pursuant to Subsection 14.1.2 of this Declaration. 14.1.9 Common Roads and Streets. There are hereby created, declared, granted and reserved for the benefit of Developer, the City, the Association, the Owners and their invitees,. licensees and guests a non-exclusive easement for vehicular and pedestrian ingress and egress through the Subject Properiy over the Common Streets and Roads, and to Developer and the Association for the purpose of constructing, installing, inspecting, maintaining, repairing and replacing from time to time any and all roadway facilities and landscaping from time to time located or to be located thereon. It is expressly provided that the rights-of-way over the Conunon Streets and Roads are not hereby dedicated to the public and are specifically declared, created and reserved as private street rights-of-way and easements for the benefit only of the Subject Property and only to and for the benefit of those persons or entities referenced above. Notwithstanding the foregoing, Developer reserves unto itself and to the Association the right to dedicate the Common Streets and Roads to the City, and according to terms acceptable to them. If the Developer elects to dedicate the Common Streets and Roads to the City after same have become Conunon Property owned or controlled by the Association, the Association shall join in to any sllch dedication, without consideration, requested by the Developer. The Association may install guard houses and/or limited access gates or facilities at. the entrance to the Subject. Property, in the sole discretion of Developer or the Association, and the costs of repair, maintenance and replacement of such shall be Common Expenses. 14.1.10 Intentionally Blank. 14.1.11 Sidewalk Easements. There is hereby created, declared and reserved for the benefit of the Developer, the Association and all Owners an easement for sidewalk purposes over, within and upon all Sidewalk Easement areas as shown on the Plat immediately adjacent to all the Common Streets and Roads within Tuskawilla Trace (the "Sidewalk Easements") for the purposes of constructing, installing, maintaining, repairing and replacing from time to time the sidewalk system of Tuskawilla Trace. All such benefitted pariies shall have a non-exclusive easement for pedestriarl ingress, egress and passage over and upon any sidewalks from time to time located constructed, installed and maintained within said Sidewalk Easement areas. As hereinabove provided in Section 8.30 of this Declaration, the Owner of each Lot encumbered by a Sidewalk Easement shall be obligated, at his expense, to initially install, and to thereafter maintain, repair and replace, that portion, if any, of the Tuskawilla Trace sidewalk system which is to be locate don such Lot. 14.2 Future Easements. There is hereby reserved to Developer and its successors and K:\OFFICEIWPWINIMJK\6I 3ITlISC-TRAITUSCA DEC Page 46 of 60 assigns, together with the right to grant and transfer the same, the right, power and privilege to, at any time hereafter, grant to itself, the Association, the City or any other parties such other further and additional easements as may be reasonably necessary or desirable, in the sole opinion and within the sole discretion of Developer, subject to the reasonable approval of the City, for the future orderly development of TuskawilIa Trace in accordm1ce with the objects and purposes set f011h in this Declaration. Any such easement(s) shall be recorded in the Public Records of the County. It is expressly provided, however, that no such further or additional easements shall be granted or created over and upon Residential Property pursuant to the provisions of this Section 14.2 ifany such easement shall unreasonably interfere with an Owner's plans to use or develop a particular Lot as a single family residential home site. The easements contemplated by this Section 14.2 may include, without limitation, such easements as may be required for utility, drainage, road right-of-way or other purposes reasonably related to the orderly development of Tuskawilla Trace in.accordance with the objects and purposes specified in this Declaration. Such further or additional easements may be hereafter created, granted, or reserved by Developer without the necessity for the consent or joinder of the Owner of the particular portion of the Subject Property over which any such further or additional easement is granted or required. ARTICLE XV ARCHITECTURAL AND LANDSCAPE CONTROL 15.1 Reservation of Architectural and Landscape Control. In order to ensure that the development of Tuskawilla Trace will proceed pursuant to a uniform plan of development and construction and in accordance with consistent architectural, ecological, environmental and aesthetic standards which are designed and calculated to bring about the achievement and creation of, and to thereafter maintain, preserve and protect, Tuskawilla Trace as a pleasm1t, attractive and harmonious physical environment, Developer shall have and hereby reserves exclusively unto itself, for the duration hereinafter specified, the right, privilege, power and authority to review, approve and control the design, placement, construction, erection and installation of any and all buildings, structures and other Improvements of any kind, nature or description, including landscaping, upon all Residential Property and all Common Property. Such right and control of Developer shall be exercised in the mmmer hereinafter provided in this Article XV. 15.2 Architectural Review Board Established. The Association at all times shall have as a standing committee an Architectural Review Board, consisting of at least three (3) persons. Architectural Review Board members are appointed by, and serve at the pleasure of, the Board. The Board from time to time may designate altemative members, to serve in the absence of any regular member. Architectural Review Board members need not be Directors of the Association or Association members. No Architectural Review Board member is entitled to compensation for services perfom1ed; but the Board may employ independent professional advisors to the Architectural Review Board and allow reasonable compensation to such advisors from Association funds. Any Architectural Review Board action may be taken by a simple majority of its members, with or without a formal meeting or joint deliberation, so long as each K IOFFlCEI WPWINIMJ KI61 JITUSC. TRA ITUSCA. DEC Page 47 of 60 member is informed in advance of the action proposed. Notwithstanding anything contained herein to the contrary, until such time as the Developer has.divested itself of title to all of the Lots, it shall have the right to choose all three (3) Architectural Review Board members. 15.3 Architectural Review Board Authority. The Architectural Review Board has full authority to regulate the exterior appearance ofthe Lots to: (a) assure hannony of external design and location in relation to surrounding buildings and topography; and (b) to protect and conserve the value and desirability of the Subject Property as a first class residential community. The power to regulate includes the power to prohibit those exterior uses, structures, conditions, or activities inconsistent with t!1e provisions of this Declaration or otherwise contrary to the best interests of all Owners in maintaining the value and desirability of the Subject Property as a first class residential community. The Architectural Review Board's authority includes any matter affecting the exterior appearance of Lots and requiring approval by the Association under Article VII. 15.4 Architectural Review Board Approval. No building, improvement, structure, addition, landscaping, attachment, condition, excavation, alteration, or change (including any color change) may be made, installed, maintained, restored, or permitted to remain on or to the exterior of any Lot, unless made, installed, maintained, or restored, as the case may be, completely in compliance with plans and specifications reviewed and approved by the Architectural Review Board in advance. Notwithstanding the foregoing, the Committee's approval is not required for restoration of any previously approved building, structure, or other item wheT! the restoration is identical in all respects to the original work, as approved. 15.5 Obiective Standards. In addition to any other express standard that may be provided by this Declaration, all actions by the Architectural Review Board must: (a) assure harmony of external design, materials, and location in relation to surrounding buildings and . topography within the Subject Property; and (b) protect and conserve the value and desirability of the Subject Property as a first class residential community; and (c) not conflict with the express provisions of this Declaration, the Articles of Incorporation, and the Bylaws; and (d) otherwise be in the best interests of all Owners in maintaining the value and desirability of the Subject Property as a residential community. 15.6 Rules and Regulations. The Architectural Review Board from time to time may adopt and amend reasonable, uniform rules and regulations as to all matters within the scope of its authority, including procedural matters, and may adopt and amend a Design Standards Manual at any time and from time to time, with any such adoption or amendment to be within the sole and absolute discretion of the Architectural Review Board, so long as such rules and regulations and any amendments to the Design Standards Manual if adopted are: (a) consistent with the provisions of this Declaration, the Articles ofIncorporation and the Bylaws of the Association; and (b) if the Board has not constituted itself as the Architectural Review Board, approved by the Board before taking effect. Rules and regulations adopted pursuant to this Section 15.6 have the same force and effect as the Association's other rules and regulations and K:\OFFICE\ WPWIN\MJK\6I 3\TUSC. TRA ITUSCA.DEC Page 48 of 60 are enforced by the Board in the name of the Association. 15.7 Subiective Judgment. In addition to complying with the objective standards of this Declaration, any applicable Design Standards Manual, and any applicable mles and regulations, Developer specifically intends the Architectural Review Board members to exercise an informed, subjective aesthetic judgment as to any matters within the Architectural Review Board's authority that is conclusive and binding upon any person affected, absent bad faith, mistake, or deliberate, intentional discrimination that cannot be justified on any rational basis. Without limitation, and in recognition of the fact that each Lot is unique, no Architectural Review Board action with respect to any particular Lot necessarily is of any precedential value with respect to any other Lot. Specifically, the fact that the Architectural Review Board may have approved or. denied a particular installation, condition, activity, or item with respect to any particular Lot does not, by itself, constitute grounds for requiring such approval or denial with respect to any other Lot. Each application for Architectural Review Board action must be evaluated on its own merits, with the Architectural Review Board exercising the broadest discretionary judgment that is consistent with the requirements of this Declaration. 15.8 Review. The Architectural Review Board from time to time may appoint one or more persons to make preliminary review of any applications and report such applications with such person's advisory recommendations for Architectural Review Board action. After.the Developer gives up control of the Architectural Review Board, the Architectural Review Board's procedures for review and enforcement of the provisions of this Article in all events and at all times must provide any affected person with reasonable advance notice and a reasonable'. . opportunity to be heard in person and through appropriate representatives of such person's choosing in a reasonably impartial manner. 15.9 Applications. All applications for Architectural Review Board approval must be accompanied by three (3) sets of plans and specifications, together with such renderings, samples, models, and other information as the Architectural Review Board reasonably may require. Any application submitted other than by an Owner must attach the Owner's written consent to the approval requested. The application must include the Owner's street address. Any application for installation of any building or other pem1anent structure must include a landscaping plan and detailed plot plan of any permanent improvements and structures. If requested, the Architectural Review Board may require the preliminary staking of such, improvements and structures according to such plan for Architectural Review Board inspection. Any application for the initial installation of any residential dwelling must also include a grading and drainage plan and tree survey. Any costs of filing and processing an application pursuant to this Article are at the expense of the applicant; and the Association also may impose a reasonable, uniform application fee to defray the Architectural Review Board's costs. 15.10 Procedure. Within fourteen (14) days afterreceiving an application, the Architectural Review Board either must approve the application as submitted or notify the applicant of (a) the Architectural Review Board's decision to deny the application, or (b) any K:\OFFICE\ WPWINlMJK\(, I J\TUSC. TRA \TlISt'A.DEC Page 49 of GO additional plans, specifications, drawings, or other items that the Architectural Review Board will require to act upon the application, or (c) both of the foregoing. The Architectural Review Board's failure to so notify the applicant operates as an approval of the application as submitted. Upon receiving the foregoing notice, the applicant may request. a hearing before the Architectural Review Board, at which the applicant, personally and through representatives of the applicant's choosing, is entitled to a reasonable opp0l1unity to be heard in a reasonably impartial manner, after reasonable advance notice. No particular formality is required for any of the Architectural Review Board's proceedings, including any hearing, nor is any record required. Unless the applicant agrees otherwise, the Architectural Review Board must approve or disapprove any application within fourteen (14) days after receipt, or within fourteen (14) days after receipt of all additional plans, specifications, drawings or other items requested by the Architectural Review Board pursuant to (b) above. 15.11 Approval. The Architectural Review Board's approval is deemed given under any of the following circumstances: (a) the Architectural Review Board fails to deny any application within fourteen (14) days after receipt, unless the applicant agrees to a longer period of time; and (b) the Committee fails to notify the applicant of its intent to deny an application, or that further information is required, within fourteen (14) days after receipt of an application, as provided in Section 15.10. In all other events, the Architectural Review Board's approval must be in writing and endorsed upon two (2) sets of the plans and specifications, one of which must be retumed to the applicant and one retained in the Association's permanent records for a period' of at least two (2) years. Upon completion of the approved work, the applicant and any architect, engineer, contractor, or other reasonable professional must certify to the Association in writing that the work has been completed substantially according to the approved plans and specifications; and no Statute of Limitations begins to run in favor of any Owner or other applicant with respect to any substantial non-conformity to the approved plans and specifications until such certificate is filed. 15.12 Changes. Any change to any plans and specifications previously approved by the Architectural Review Board affecting exterior elements of the Improvements also must be approved by the Architectural Review Board as provided in this Article XV, except that the Architectural Review Board will expedite, to the extent practical, any such application that is made while construction is in progress. The Architectural Review Board in no event is required to act upon any such application in less than ten (10) days, however. 15.13 Notice of Action. No suit, proceeding or other action to enforce the provisions of this A11icle XV may be commenced or continued, nor may any of the provisions of this Article XV be enforced, against any person who acquires any interest in a Lot without actual knowledge that a building or other structure (including walls and fencing) was installed, maintained, or restored on the Lot, as the case may be, in violation of the requirements of this Article unless such suit, action, or other proceeding is commenced within one (1) year after the City has issued a Certificate of Occupancy or its equivalent. No such action may be commenced, continued, or otherwise enforced against any purchaser or creditor who acquires an interest in, or a lien upon, K 'IOFFICEIWPWINIMJKI613ITUSC. TRA ITUSC A. DEC Page 50 of GO any Lotfor value, other than pre-existing indebtedness, and without actual knowledge of any such violation, if such purchaser or creditor obtained a statement under oath from the applicable Owner that no violation existed on such Lot at the time value was given or paid. Upon payment of any reasonable uniform charge that the Association from time to time may impose to defray its costs, the Association within ten (10) days after request will issue an appropriate certificate of compliance or non-compliance, as the case may be, with the provisions of this Article XV, that is binding and conclusive as to the infornlation it sets forth, upon both the Association and any person witho.\ft actual knowledge to the contrary. 15.14 Developer Action. Notwithstanding any provision of this Article XV, no Architectural Review Board approval IS req:Jired for any residential dwelling or any of its appurtenances constructed by Developer on any Lot as part of the development of TuskawiJla Trace, so long as it otherwise conforms to the applicable requirements of this Declaration. The' foregoing exemption is for the exclusive benefit of Developer and may not be extended by Developer to any building or any Owner other than Developer. 15.15 Exculpation for Approval or Disapproval of Plans. The Developer, the Association, the Architectural Review Board and any and all officers, directors, employees, agents and members of either the Developer, the Association, or the Architectural Review Board shaJl not, either jointly or severaJly, be liable or accountable in damages or otherwise to any Owner or other person or party whomsoever or whatsoever by reason, or on account of, any decision, approval or disapproval of any plans, specifications or other materials required to be submitted for review and approval pursuant to the provisions of this Article XV, or for any. mistake in judgment, negligence, misfeasance or nonfeasance related to or in connection with any such decision, approval or disapproval. Each person who shall submit plans, specifications. or other materials to the Architectural Review Board for consent or approval pursuant to the provisions of this Article XV, by the submission thereof, and each Owner by acquiring title to any Lot or any interest therein, shall be deemed .to have waived the right to, and shall not, bring any action, proceeding or suit against Developer, the Architectural Review Board, the Association or any individual member, officer, director, employee or agent of any of theni. for the purpose of recovering any such damages or for any other relief on account of any such decision, approval, disapproval, mistake in judgment, negligence, misfeasance or nonfeasance. Plans, specifications and other materials submitted to and approved by the Architectural Review Board, or by Developer or the Board of Directors, as the case may be, are being reviewed and approved based solely on their compliance with the provisions of this Declaration and as to aesthetic considerations, no person or entity shall rely on approval or disapproval of plans and specifications or any other materials as a representation of any sort regarding compliance with said construction or building standards, any applicable Governmental Regulations, including, without limitation, any applicable building or zoning laws, ordinances, rules or regulations. By the approval of any such plans, specifications or materials, neither Developer, the Architectural' Review Board, the Association, nor any individual member, officer, director, employee or agent of any of them, shaJl assume or incur any liability or responsibility whatsoever for any violation of Governmental Regulations or any defect in the design or construction. Notwithstanding the K:IOFFICEIWPWIN\MJI(I6I 31TUSC - TRA ITUSCA.DEC Page 51 of GO foregoing, the areas of exculpation addressed above are not intended to include a release of the affected persons from undertaking their responsibilities in a good faith, diligent fashion. ARTICLE XVI AMENDMENT 16.1 Amendment by Developer. Subject to the provisions of Section 16.5 of this Declaration until Developer no longer holds an ownership intere~t in any Lot or other lands within the Subject Property, t!1e tenns and provisions of, and the covenants, conditions, restrictions, easements and reservations set forth in, this Declaration may be changed, amended or modified from time to time by Developer in its sole, but reasonable discretion, and without requiring the joinder or consent of any person or party whomsoever, including without limitation; the City, the Association or any Owner or O;vners. 16.2 Amendment by Association. Subject to the provisions of Section 16.5 of this Declaration, the tem1S and provisions of and the covenants, conditions, restrictions, easements and reservations set forth in this Declaration may be changed, amended, or modified at any time and from time to time by the Association upon the affinnative written consent or the vote of not less than seventy-five percent (75%) of the total voting power of the members of the Association; provided, however, that until Developer no longer holds an ownership interest in any Lot or other lands within the Subject Property, no such change, amendment or modification by the Association shall be effective without Developer's prior express written joinder and consent on the amending instrument. 16.3 Manifestation of Requisite Consent. In the case of any change, an1endment or modification of this Declaration by the Association which requires the affirmative written consent or vote of members of the Association as hereinabove provided in Section 16.2, the acquisition of the requisite written consent or vote of members shall be manifested on the face of the amending instrument in a certificate duly executed and sworn to before a Notary Public by the President, or Vice President, and the Secretary of the Association affirmatively stating that such requisite affirmative written consent or vote has, in fact, been acquired or obtained prior to the recordation of such amending instrument among the Public Records of the County. Such certificate shall be and constitute conclusive evidence of the satisfaction of the provision of Section 16.2 of this Declaration with respect to the change, amendment or modification of this Declaration effected by the amending instrument of which such certificate is made a part. 16.4 Effectiveness of Amendments. All changes, amendments or modifications of this Declaration shall be manifested in a written amending instrument duly executed by Developer or the Association, or both, as may from time to time be required pursuant to the provisions of this Article XVI, and shall be duly recorded among the Public Records of the County. Such change, amendment or modification of this Declaration shall be effective as of the date of such recordation or such later date as may be specified in the amending instnnnent itself. K:IOFFICEIWPWINlMJK\613\TU5e. TRA \TUSe A.DEe Page 52 of GO 16.5 Limitations on Amendments. Notwithstanding anything to the contrary set forth in this Declaration, the rights of Developer and for the Association to change, amend or modify the terms and provisions of and the covenants, conditions, restrictions, easements and reservations set forth in this Declaration and any amendment hereof shall at all times be subject to and limited and restricted as follows: (a) This Declaration and any amendment her~of shall at all times be subject to the rules, laws, ordinances and codes of the City. (b) To the extent that particulanights or interests are expressly conferred herein upon or granted to the City, the particular tenns and provisions of this Declaration pursuant to which any such rights and interests are conferred upon and granted to the City shall not be changed, amended or modified without the prior written consent and joinder of the City. (c) This Declaration may not be changed, amended or modified in such manner as to tem1inate or eliminate any easements granted or reserved herein to Developer or the City, respectively without the prior written approval of Developer or the City, as the case may be, and any attempt to do so shall be void and or no force and effect. (d) Any amendments to the Declaration which alter the Surface Water Management System, beyond maintenance in its original condition, including the water management portions of the common areas, must have the prior approval of the SJRWMD and the City. (e) This Declaration may not be changed, amended or modified in any fashion which will result in or facilitate the dissolution of the Association or the ab:mdonment or termination of the obligation of the Association to maintain the Common Property. (f) This Declaration may not be changed, amended or modified in any fashion which would affect the Surface Water Management System for the Subject Property, or its maintenance by the Association, without the prior written consent and approval of the SJRWMD and the City. (g) This Declaration may not be changed, amended or modified in such fashion as to change, amend, modify, eliminate or delete the provisions of this Section 16.5 of this Declaration without the prior written consent and joinder of Developer, in any case, and to the extent of any proposed change, amendment or modification which shall affect the rights of the City or the SJR WMD hereunder, the same shall require the written consent and joinder of the City, or the SJRWMD, as the case may be. (h) A copy of any amendment or modification to or restatement of, this Declaration shall be delivered to the City immediately after recording of same in the Public Records of the County. K:\OI'FICElWPWIN\MJK\(, 13\TUSC-TR^\TlJSC^ [)EC Pnge 53 of 60 AR Tl CLE XVII DURA nON The terms and provisions of and covenants, conditions, easements, restrictions and reservations set forth in this Declaration shall continue to be binding upon the Developer and the Association and upon each Owner and all Owners from time to time of any portion of the Subject Property and their respective successors and assigns and all other persons, parties or legal entities having or claiming any right, title or interest in the Subject Property, by, through or under any of them, for a period of sixty (60) years from the date this Declaration is recorded among the Public Records of the County, after which time this Declaration and the covenants, conditions, restrictions and reservations set forth herein, as the same shall have been changed, amended or modified from time to time, shaH be automatically extended for successive periods of ten (10) years unless an instrument oftemlination executed by the Association upon the affimlative written consent or the vote of not less than ninety-five percent (95%) of the total voting power of the members of the Association (certified as provided in Section 16.3 of this Declaration), with the consent and joinder of the City, shall be recorded among the Public Records of the County at least one (1) year prior to the end of the initial term or any subsequent extension term of this Declaration. Each of the easements herein declared to be created, granted or reserved shall continue to be binding upon Developer and the Association and upon each Owner and all Owners from time to time of any portion of the Subj ec't Property and their respective successors and assigns and all persons, parties and legal entities claiming by, through or under any of them in perpetuity, unless any such easement shall have been changed, amended, modified,released or temlinated by the execution and recordation among the Public Records of the County ofa written instrument or Court order, as the case may be, which, in either case, is otherwise legally sufficient in all respects to effect any such change, amendment, modification, release or termination of any such easement. ARTICLE XVIII ENFORCEMENT 18.1 Parties Entitled to Enforce. Subject to the provisions of Section 18.2 of this Declaration, the terms, provisions, covenants, conditions, restrictions, easements and reservations set forth in this Declaration, as changed, amended or modified from time to time, shall be enforceable by Developer, the Association and/or any Owner whose membership privileges in the Association have not been suspended as contemplated in Section 13.1. Additionally, to the extent that particular rights or interests are expressly conferred upon or granted to the City pursuant to this Declaration, the particular terms and provisions of this Declaration conferring or granting such rights or interests to the City shall also be enforceable by the City. Those so entitled to enforce the provisions of this Declaration shall have the right to bring proceedings at law or in equity against the party or parties violating or attempting to violate any of said covenants, conditions, restrictions, easements or reservations or against the party or parties defaulting or attempting to default in his, its or their obligations hereunder in order to (a) enjoin any such violation or attempted violation or any such default or attempted default, (b) cause any K:\OFFICE\WPWIN\MJKI613ITUSC. TRA ITUSC A. DEC Page 54 of 60 such violation or attempted violation or default or attempted default to be cured, remedied or corrected, (c) recover damages resulting from or occasioned by or on account of any such violation or attempted violation or default or attempted default and (d) recover costs and expenses, including attorneys' and paralegals' fees and costs, incUlTed in connection with the enforcement of this Declaration. The SJRWMD and the City shall have the right to enforce, by a proceeding at law or in equity, the provisions contained in this Declaration which relate to the maintenance, operation and repair of the Surface Water M~nagement System. 18.2 Limitations on Enforcement Rights. Notwithstanding the foregoing provisions of Section 18.1 of this Declaration, the right to enforce the provisions of this Declaration shall be subject to and limited by the requirement that the Association shall have the exclusive right to collect Assessments and enforce Assessment liens. To the extent that specific rights, interests or reservations are conferred upon or granted or reserved to specific parties pursuant to this Declaration only those parties upon or to whom or which such rights, interests or reservations are conferred, granted or reserved 'shall have the right to enforce the provisions of this Declaration relating to such rights, interests or reservations. 18.3 Enforcement by Owners. Only Developer and the Association shall have the right to enforce the provisions of Article XV of this Declaration with respect to architectural and landscape control. It is expressly provided, however, that ifboth Developer and the Association fail, refuse or are unable to commence enforcement of such provisions within thirty (30) days following written demand to do so from any Owner, any Owner who makes such demand and who otherwise has standing to do so, shall have the right to enforce the provisions of said Article XV; provided, however, that such right of enforcement shall not include the right to seek judicial review of discretionary decisions made either by Developer, the Association or the Architectural Review Board where the discretion to make such decision is expressly conferred pursuant to this Declaration. 18.4 Attorneys' Fees. In the event that legal or equitable proceedings are instituted or brought to enforce any of the provisions set forth in this Declaration, as changed, amended and modified from time to time, or to enjoin any violation or attempted violation or default or attempted default of the same, the prevailing party in such proceeding shall be entitled to recover, from the losing party such reasonable attorneys' and paralegals' fees and court costs as may be awarded by the court rendering judgment in such proceedings, whether incurred at the trial or appellate level. 18.5 No Waiver. Failure by Developer, the Association, any Owner or the City (only to the extent any right of enforcement is otherwise granted to or conferred upon the City pursuant to this Declaration), to enforce any ternl, provision, covenant, condition, restriction, easement or reservation herein contained in any particular instance or on any particular occasion shall not be deemed a waiver of the right to do so upon any subsequent violation or attempted violation or default or attempted default of the same or any other teml, provision, covenant, condition, restriction, easement or reservation contained herein. K:\OFFICEI WI'WIN\MJK\613ITUSC - TRA ITUSC A. DEC Page 55 of GO 18.6 Nuisance. The result of every act or omission, where any tetID or provision of, or covenant, condition, restriction, easement, or reservation set forth in this Declaration is violated, breached or in default in whole or in part, is hereby declared to be and constitute a nuisance, and every remedy allowed by law or equity against a nuisance, either public or private, shall be applicable against every such result, and may be exercised by Developer, the Association or any Owner. 18.7 Cumulative Rights and Remedies. In connection with the enforcement of this Declaration, all rights, remedies of Developer, the Association, the Owners, and the City (to the extent provided herein), shall be cumulative, and no single right or remedy shall be exclusive of any other. 18.8 Effect ofInvalidation. If in the course of an attempt to enforce this Declaration, any particular provision of this Declaration is held to be invalid by any court, the invalidity of such provision shall not affect the validity of the remaining provisions hereof. 18.9 Exculpation. Developer, the Association, the Architectural Review Board, and the individual members, officers, directors, employees or agents of any of them, shall not, jointly or severally, be liable or accountable in damages or otherwise to any Owner or other party affected by this Declaration, or to anyone submitting plans or other materials for any required consent or approval hereunder, by reason or on account of any decision, approval or disapproyal required to be made, given or obtained pursuant to the provisions ofthis Declaration, or for any mistake in judgment, negligence or nonfeasance related to or in cOlmection with any such decision, approval or disapproval. Each person who shall submit plans or other materials for consent or approval pursuant to this Declaration, by the submission thereof, and each Owner of any Lot, by acquiring title thereto or an interest therein, shall be deemed to have agreed that he or it shall not be entitled to bring and shall not bring any action, proceeding or suit against Developer, the Association, the Architectural Revi.ew Board, or any individual member or members or officer or officers, director or directors, employee or employees or agent or agents of any of them for the purpose of recovering any such damages or other relief on account of any such decision, approval or disapproval. ARTICLE XIX MISCELLANEOUS PROVISIONS 19.1 Constmctive Notice and Acceptance. Every person, corporation, partnership, limited partnership, trust, association or other legal entity, who or which shall hereafter have, claim, own or acquire any right, title, interest or estate in or to any portion of the Subject Property, whether or not such interest is reflected upon the Public Records of the County shall be conclusively deemed to have consented and agreed to each and every term, provision, covenant, condition, restriction, easement and reservation contained or by reference incorporated in this Declaration, whether or not any reference to this Declaration is contained in the document or instmment pursuant to which such person, corporation, partnership, limited partnership, trust, association or other legal entity shall have acquired such right, title, interest or estate in the K:IOFFICEIWI'WIN\MJKlb 13ITUSC. TRA ITUSC A. DEC Page 56 of 60 Subject Property or any portion thereof. 19.2 Personal Covenants. To the extent that the acceptance or conveyance of a Lot creates a personal covenant between the Owner of such Lot and Developer, the Association or any other Owner or Owners, such personal covenant shall tenninate and be of no further force or effect from or after the date when a person or entity ceases to be an Owner except to the extent that this Declaration may provide .otherwise with respect to the personal obligation of such Owner for the payment of Assessment$ for which provision is expressly made in this Declaration. 19.3 Governing Law. This Declaration and the interpretation and enforcement of the same shall be governed by and construed in accordance with the laws of the State of Florida. 19.4 Construction. The provisions of this Declaration shall be liberally construed so as to effectuate and carry out the objects and purposes specified in Article II of this Declaration. 19.5 . Article and Section Headings. Article and Section headings contained in the Declaration are for convenience and reference only and in no way define, describe, extend or limit the intent, scope or content of the particular Articles or Sections in which they are contained or to which they refer and, accordingly, the same shall not be considered or referred to in resolving questions of interpretation or construction. 19.6 Singular Includes Plural. Etc. Whenever the context ofthis Declaration reasonably requires the same, the singular shall include the plural and the plural the singular and the masculine shall include the feminine and the neuter. 19.7 Time of Essence. Time is of the essence of this Declaration and in the performance of all covenants, conditions and restrictions set forth herein. Whenever a date or the expiration of any time period specified herein shall fall on a Saturday, Sunday or federal banking holiday, the date shall be extended to the next succeeding business day which is not a Saturday, Sunday or federal banking holiday. 19.8 Notice. Any notice required or permitted to be given pursuant to the provisions of this Declaration shall be in writing and shall be delivered as follows: (a) Notice to an Owner sh~ll be deemed to have been properly delivered when delivered to the Owner's Lot, whether said Owner personally receives said notice or not, or placed in the first class United States mail, postage prepaid, to the most recent address furnished by such Owner in writing to the Association for the purpose of giving notice, or if no such address shall have been fumished, then to the street address of such Owner's Lot. Any notice so deposited in the mail shall be deemed delivered forty-eight (48) hours after such deposit. In the case of co-owners any such notice may be delivered or sent to anyone of the co-owners on behalf of all co-owners and shall be deemed to be and constitute delivery on all such co-owners. K:\OFFICE\WPWINlMJK\613\TUSC- TRA \TUSCA.IlEC Page 57 of GO (b) Notice to the Association shall be deemed to have been properly delivered upon receipt at the address furnished by the Association or to the address of its principal place of business. (c) Notice to Developer shall be deemed to have been properly delivered upon receipt at the Developer's address which is 6250 Hazeltine National Drive, Suite 102, Orlando, Florida 32822. (d) The affidavit of an officer or authorized agent of the Association declaring under penalty of perjury that a notice has been properly mailed to any Owner or Owners to the address.or.addresses shown on the records of the Association, shall be deemed conclusive proof of such mailing, whether or not such notices are actually received. 19.9 Development and Construction by Developer. Nothing set forth in this Declaration shall be deemed, either expressly or impliedly, to limit the right of Developer to change, alter or amend its development plan or plans for the Subject Property, or to construct such improvements as Developer deems advisable prior to the completion of the development of all of the Subject Property. Developer reserves the right to alter its development and construction plans and designs as it deems appropriate from time to time; subjeCt, however, to all applicable Governmental Regulations, including, without limitation, those of the City. . . 19.10 Assignment of Developer's Rights and Interests. The rights and interests of Developer under this Declaration may be transferred and assigned by Developer to any successor or successors to all or part of Developer's interest in the Subject Property by an express transfer, conveyance or assignment incorporated into any recorded deed or other instrument, as the case may be, transferring, conveying or assigning such rights and interests to such successor. 19.11 No Wary-anties. This Declaration is made for the objects and purposes set forth in AIticle II ofthis Declaration and Developer makes no warranties or representations express or implied as to the binding effect or enforceability of all or any portion of the terms and provisions of or the covenants, conditions, restrictions, easements and reservations set forth in this Declaration, or as to the compliance of any of the same with public laws, ordinances and regulations applicable thereto. K:IOFFICEI WPWINlMJKI613ITUSC. TRA Iluse A. DEC Page 58 of 60 IN WITNESS WHEREOF Developer has caused this Declaration of Covenants, Conditions and Restrictions to be made and executed as of the day and year first above written. Witnesses: Print Name: ~~ H. 1., INC., \ a Florfd~Corporation I. \ . By:.J Print Title: u (CORPORATE SEAL) Print Name: STATE OF COUNTY OF ) ) ) s: The foregoing instrument was acknowledged before me this _ day of 19 _, by , the ofD. R. H. 1., Inc., a Florida corporation. He/She is personally known to me or has produced as identification and who did/did not take an oath. Notary Stamp Signature of Person Taking Acknowledgment Print Name: Title: Notary Public Serial No. (if any) Commission Expires: K:IOFFICEIWPWIN\MJKI~ 13\TUSe -TRA ITUSC A.DEe Page 59 of GO EXHIBIT "A" LEGAL DESCRIPTION LOT 18, BLOCK B, D.R. MITCHELL'S SURVEY OF THE LEVY GRANT ON LAKE JESSUP, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 1, PAGES 5 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, LESS AND EXCEPT THE FOLLO'VING DESCRIBED PROPERTY: BEGINNING AT THEN.E. CORNER OF LOT 18, BLOCK B, OF D.R. MITCHELL'S SURVEY OF THE LEVY GRANT ON LAKE JESSUP AS RECORDED IN PLAT BOOK 1, PAGE 5, OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, THENCE RUN NORTH WESTERLY ALONG THE NORTHERLY LINE OF SAID LOT 18,492.8 FEET, THENCE SOUTHEASTERLY 492.8 FEET TO THE RIGHT OF WAY OF BRANTLEY AVE., THENCE NORTHEASTERLY ALONG SAID RIGHT OF WAY 10 FEET TO POINT OF BEGINNING FOR RIGHT OF WAY FOR ORANGE AVENUE. K:IOFFICEIWPWINlMJKI6 J 31Tuse - TRA ITuse A.DEe Page 60 of 60