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Home My WebLink AboutArbor Glen _'I . . , ~ ~ ()U /55/1./ ~ u r- ~ J rv' Z I -.J dj~~ ~~ ' l~ ,~ ~C:t2- . r' - \f' ct eJ;. ()., .-V\f\ ./' P d ci 'J \).; W d l,..J '2....9 '1- [) ~ ;-) p::: ~ () ~... tZ ct. ~ to e;. ~ THIS INSTRUMENT WAS PREPARED BY AND SHet1L-n-B"~RETURN-Te-: ROBERT T. ROSEN, ESQ. Broad and Cassel 1051 Winderley Place, Fourth Floor Maitland, Florida 32751 DECLARATION OF CONDITIONS, COVENANTS EASEMENTS AND RESTRICTIONS FOR ARBOR-GLEN THIS DECLARATION is made this~~day of t1ft:TL-, 1990, by Winter Springs Development Joint Venture, a Florida general partnership, which declares hereby that "The Properties" described in Article II of this Declaration are and shall be held, transferred, sold, conveyed and occupied subject to the covenants, restrictions, easements, charges and liens hereinafter set forth. ARTICLE I. DEFINITIONS The following words when used in this Declaration (unless th~ context shall prohibit) shall have the following meanings: ~ 1. "Assessment" means and refers to il share of the funds required for payment of the expenses )f the Association, which funds shall be assessed against a Lot Owner from time to time. 2. "Association" means and refers to ARBOR GLEN HOMEOWNERS' ASSOCIATION, INC., a Florida corporation not for profit, which is to be incorporated. 3. "Builder" means and refers to a person or enti ty which purchases and owns a Lot in order to construct a residence to a third party, and is not constructing such residence for his or its own use. 4. "Common Areas" means and refers to all real property (including the improvements thereto) and all personal property owned by the Association and tracts of land, if any, shown or drawn on the Plat as owned or to be owned by the Association for the common use, enjoyment and benefit of the Owners and all property designated, as Common Areas in any future recorded supplemental declaration; together with the landscaping and any improvements thereon, including, without limitation, all structures, recreational facilities, open space, retention areas, masonry walls, walkways, entrances markers, signs, and street lights, if any, but excluding any public utility installations I C/DAH 6786000DEI 02/26/90.4 l"-...) VI rt -..., :...~' ~;.: -t:-.- c') I"'~ rn c, C~, en (:~ ~.~ .,-, ;.':i ,. , ~'"f': (":. ...., (NJ' r'" ';;; ;~~ ;:;:: I'" :~ 1'1 0;7:'" .-- ~- CO) lnr- r.' l"T1 ...,.. :1::::0- ;::'-;:lZ; ):> Z :::0 00-< r"":t'" 1"'T'l ("1 z n;ti::r. ...:~~ n I " :;; c: :t "".::::;0 ",I ':0 ,:< n c.n .." C) rc1 _c: :~o ...1 c:n CO -...J u; ::0 t,!:) rr1 t:..:;) ("') > 0 -t.1 ::0 ::0 0 M N 0 en RG 5: <: M - ?1 - ..., .. ;:r; co 0 . e thereon. The Common Areas to be owned by the Association for the common use and enjoyment of the Owners at the time of conveyance of the first Lot are Tract "A" and Tract "B" (as hereinafter defined). 5. "Declaration" means and refers to this Declaration of Conditions, Covenants, Easements, and Restrictions for Arbor Glen as recorded in the Public Records of Seminole ' County, Florida, and as the same may be amended from time to time. 6. "Developer" means and refers to Winter Springs Development Joint Venture, a Florida general partnership, its ~ successors and such of its assigns as to which the rights of Developer hereunder are specifically assigned by written instrument recorded in the Public Records of Seminole County, Florida. Developer may assign only a portion of its rights hereunder, or all or a portion of such rights in connection with appropriate portions of The Properties. In the event of such a partial assignment of its rights, the assignee shall not be deemed the Developer, but may exercise such rights of Developer specifically assigned to it. Any such assignment may be made on a non-exclusive basis. A Lot purchaser, Lot Owner or Lot mortgagee shall not be deemed to be the Developer by the mere act of purchase or mortgage of a Lot. 7. "Drainage Easement" means and refers to the drainage and easement and features defined in Article IV, Section E of this Declaration. 8. "Community Wall" means and refers to any wall or similar structure from time to time situated on the five (5) foot wall easement (the "Wall Easement") as shown on the Plat along Tuscawilla Road, located on or adjacent to The Properties, together with any footings, related equipment, lighting, signage, entryway features, landscaping (including any wiring and irrigation system) and other appurtenances. 9. "Entitled To Vote" means and refers to that Lot Owner who shall cast a vote for a Lot at an Association meeting. If more than one person or legal entity shall own any Lot, the Owners thereof shall determine among themselves who shall be the Member Entitled To Vote. Said determination shall be manifested upon a voting certificate, signed by all Owners of said Lot, and given to the Association Secretary for placement in the Association records. Notwithstanding anything contained herein, all Lot Owners whether Entitled\To Vote or not are assured of all other privileges, rights, and obligations of Association membership and shall be Members of the Association. 2 C/DAH 6786000DEl 02/26/90.4 ,....., ~ ...... 3:: :.:: ..... ~~:~ fn n c:> C'1 (::.. c:~ . ';IC (..n ..", ~:.. (" P" -.... e e 10. "Institutional Lender" or "Institutional Mortgagee" means and refers to a bank, savings and loan association, insurance company, mortgage company, real estate investment trust, pension fund, pension trust, or any other generally recognized institutional-type lender or its loan correspondent, the Federal Home Loan Mortgage Corporation (FHLMC), the Federal National Mortgage Association (FNMA), or (n any agency of the United States Government or any lender ~ providing funds to the Developer for the purpose of ~ constructing improvements upon the Properties (and such ~ lender's successors and assigns) or any other lender approved by the Association Board of Directors as an "Institutional Lender" or "Institutional Mortgagee." l"--J ~ Cl ....... ~ -F" CJ C) ..." r- <.n ., c r (~) 11. "Lot" means and refers to any Lot on the Plat of portions of The Properties, which Plat is designated by the Developer hereby or by any other recorded instrument to be subject to these covenants and restrictions (and to the extent the Developer is not the Owner thereof, then designated by the Developer joined by the Owner thereof), any Lot shown upon any resubdivision of any such Plat, and any other property hereafter declared as a Lot by the Developer and thereby made subject to this Declaration. To the extent the Developer is not the Owner thereof, then such declaration shall be made by the Developer joined by the Owner thereof. 12. "Member" means and refers to all those Owners who are Members of the Association as provided in Article III hereof. 13. "Owner" means and refers to the record owner, whether one or more persons or entities, of the fee simple title to any Lot situated upon The Properties. 14. "Plat" means and refers to the plat of TUSCAWILLA PARCEL 90, as recorded in Plat Book 4~, Pages Sl and 15~ , Public Records of Seminole County, Flor ida, together with any plat of additional land made subject to this Declaration and to the jurisdiction of the Association. 15. "The Properties" means and refers to all of the properties as described in Article II, Section A of this Declaration, and additions thereto, as are now or hereafter made subject to this Declaration and to the jurisdiction of the Association, except such as are withdrawn from the provisions hereof in accordance with the procedures hereinafter set forth. 16. "Residence" means and refers to any residential building constructed on a Lot. 3 C/DAH 6786000DEl 02/26/90.4 e e 17. "Tract A" and "Tract B," respectively, mean and refer to those certain parcels shown as Tract A and Tract B on the plat of TUSCAWILLA PARCEL 90, accordipg to the plat thereof recorded at Plat Book 4'~ , pages57~9B inclusive, Public Records of Seminole County, Florida. 18. "Tract C" means and refers to that certain parcel shown as Tract C as shown on the plat of TUSCAWILLA UNIT 8, according to the Plat thereof recorded at Plat Book 23, Pages 25-28, inclusive, Public Records of Seminole County, Florida. ~ ;(;, ~t". C'") ,"". 1" (") 4::.) ,....." ~ C) (~.'.. ...., ~ -P" ARTICLE II. PROPERTY SUBJECT TO THIS DECLARATION; ADDITIONS THERETO ~ U1 ; ~I', /~::,) Section A. Legal Description. The real property which, initially, is and shall be held, transferred, sold, conveyed and occupied subject to this Declaration is located in Seminole County, Florida, and is more particularly described as follows: All of TUSCAWILLA PARCEL 90, according t9 the plat thereof, as recorded in Plat Book 4~ , Page!l t;(, sa of the Public Records of Seminole County, Florida. all of which real property, and all additions thereto, is herein referred to collectively as "The Properties". Section B. Supplements. Developer may from time to time bring other land under the provisions hereof by recorded supplemental declarations (which shall not require the consent of then existing Owners or the Association, or any mortgagee, except in the case of property not then owned by the Developer but proposed to be added to The Properties, in which case the Owner thereof shall join in the applicable supplemental declaration) and thereby add to The Properties. To the extent that additional real property shall be made a part of The Properties as a common scheme, reference herein to The Properties should be deemed to be a reference to all of such additional property where such reference is intended to include property other than that legally described above. Nothing herein, however, shall obligate the Developer to add to the initial portion of The Properties, to develop any such future portions under such common scheme, nor to prohibit the Developer from rezoning and/or changing the development plans with respect to such future portions and/or the Developer from adding additional or other property to The Properties under such common scheme. All Owners, by acceptance of a deed to their Lots, thereby automatically consent to any such rezoning, change, addition or deletion thereafter made by Developer and shall evidence such consent in writing if requested to do so by the Developer at any time. 4 C/DAH 6786000DEl 02/26/90.4 e e ARTICLE III. MEMBERSHIP AND VOTING RIGHTS IN THE ASSOCIATION Section A. Membership. Every person or entity who is a record Owner of a fee or undivided fee interest in any Lot shall be a Member of the Association. Notwithstanding anything else to the contrary set forth in this Section A, any such person or entity who holds such interest merely as security for the performance of an obligation shall not be a Member of the Association. ~q Membership in the Association shall be appurtenant to each Lot ~ ~ and may not be separated from ownership of said Lot. The record fl title holder to each Lot shall automatically become a Member of M the Association and shall be assured of all rights and privileges g thereof upon presentation of a photostatically or otherwise ~, ,"- reproduced copy of said Owner's deed to the Association Secretary for placement in the records of the Association. To the extent that said deed shall pass title to a new Lot Owner from an existing Lot Owner, membership in the Association shall be transferred from the existing Lot Owner to the new Lot Owner. f',.) ...... ~'l o c.) ,.. :;>ot.. .. f 'J r ..., . r . f" (.n ..,.,. r':" f".,.) t.) r'l C:;) Section B. Voting Rights. The Association shall have two (2) classes of voting membership: Class A. Class A Members shall be all those Owners as defined in Section A with the exception of the Developer (as long as the Class B Membership shall exist, and thereafter, the Developer shall be a Class A Member to the extent it would otherwise qualify). Except as provided below, Class A Members shall be entitled to one (1) vote for each Lot in which they hold the interests required for membership by Section A. When more than one person holds such interest or interests in any Lot, all such persons shall be Members, but the vote for such Lot shall be exercised only by that one person who is Entitled To Vote. In no event shall more than one vote be cast with respect to any such Lot. Class B. The Class B Member shall be the Developer. The Class B Member shall be entitled to one (1) vote, plus two (2) votes for each vote entitled to be cast in the aggregate at any time and from time to time by the Class A Members. The Class B membership shall cease and terminate: (i) at such time as 75% of all Lots to be ultimately subject to Association membership within The Properties have been sold and conveyed by the Developer; (ii) date of the first conveyance by Developer of a Lot; or (iii) sooner at the election of the Developer, whichever event shall first occur, whereupon the Class A Members shall be obligated to elect the Board and assume control of the Association. Upon termination of the Class B membership as provided for herein, the Class B membership shall convert to Class A membership with voting strength as set forth above for Class A membership. 5 C/DAH 6786000DEI 02/26/90.4 e - Section C. General Matters. When reference is made herein, or in the Articles, Bylaws, Rules and Regulations, management contracts or otherwise, to a majority or specific percentage of Members, such reference shall be deemed to be reference to a majority or specific percentage of the votes of Members Entitled To Vote and not of the Members themselves. F'...) ARTICLE IV. PROPERTY RIGHTS IN THE COMMON AREAS; OTHER EASEMENTS (n (11 ...... i~ ...... ..... (' " I'" Pl n C? Section A. Members Easements. Each Member, and each tenant, agent and invitee of such Member or tenant, shall have a nonexclusive permanent and perpetual easement over and upon the Common Areas for the intended use and enjoyment thereof in common ~ with all other such Members, their tenants, agents and invitees, . in such manner as may be regulated by the Association. If any Lot Owner's sole ingress to or egress from his Lot is through the Common Areas, any transfer or conveyance thereof herein or hereafter made or made on the Plat shall be subject to such Lot Owner's ingress and egress rights. c.n ""1:" }.. "" {;",' fn Without limiting the generality of the foregoing, such rights of use and enjoyment are hereby made subject to the following: 1. The right and duty of the Association to levy Assessments against each Lot for the purpose of maintaining the Common Areas and facilities in compliance with the provisions of this Declaration and with the restrictions on the Plats of portions of The Properties from time to time recorded; 2. The right of the Association to suspend the Owner's (and his permitees') voting rights and right to use the recreational facilities (if any) for any period during which any Assessment against his Lot remains unpaid; and for a period not to exceed sixty (60) days for any infraction of lawfully adopted and published rules and regulations; 3. The right of the Association to adopt at any time and from time to time and enforce rules and regulations governing the use of the Lots and Common Areas and all facilities at any time situated thereon, including the right to fine Members as hereinafter provided. Any rule and/or regulation so adopted shall apply until rescinded or modified as if originally set forth at length in this Declaration; and 4. The right to the use 'and enjoyment of the Common Areas and facilities thereon shall extend to all permitted user's immediate family who reside with him, subject to regulation from time to time by the Association in its lawfully adopted and published rules and regulations. 6 C/DAH 6786000DEl 02/26/90.4 - - Section B. Easements Appurtenant. The easements provided in Section A shall be appurtenant to and shall pass with the title to each Lot. Section C. Maintenance. The Association shall at all times maintain in good repair and manage, operate and insure, and shall replace as required, the Common Areas, the Community Wall, and Tract C, together with the paving, drainage structures, masonry walls, lighting fixtures and appurtenances, landscaping, sprinkler systems, entrance markers, signs, improvements and other structures situated on the Common Areas and Tract C, if any, all such work to be done as ordered by the Board of Directors of the Association. Developer may enter into agreements with the City of Winter Springs, Florida, for the maintenance described herein and the Association shall hold harmless the City of Winter Springs, Florida, with respect thereto. Maintenance of the aforesaid lighting fixtures shall include and extend to payment for all electricity consumed in their illumination. Without limiting the generality of the foregoing, the Association shall assume all of Developer's responsibility to the City of Winter Springs of any kind with respect to the Common Areas and shall indemnify and hold the Developer harmless with respect thereto. The Association shall maintain and repair the wood fences constructed on the Property as ordered by the Board of Directors of the Association. As hereinafter provided, the Association may at its option, maintain, repaint, and repair other portions of the Lots and improvements constructed thereon, in the manner hereinafter contemplated, and easements over such Lots are hereby reserved in favor of the Association and its designees to effect such maintenance, painting, and repair. The Owner shall be responsible, for the maintenance, replacement, and repair of all walls, gates, paving, structures and improvements located on his Lot, other than those specifically provided to be maintained by the Association. All work pursuant to this Section and all expenses incurred hereunder shall be paid for by the Association through Assessments (either general or special) imposed in accordance herewith. No Owner may waive or otherwise escape liability for Assessments by non-use of the Common Areas or Lots or abandonment of the right to use the Common Areas. Section D. utility Easements. The Association shall have the right to grant permits, licenses, and easements over the Common Areas, except for any portion of the Common Areas dedicated to the City of Winter Springs, Florida, for utilities, roads, and other purposes reasonably necessary or useful for the proper maintenance or operation of The Properties. Use of the Common Areas for utilities, as well as use of the other utility 7 C/DAH 6786000DEI 02/26/90.4 r-.J In M -... :.c :;,: .::- ..., ,... ro, n c' ..., (,.n r- r--,.') r-....) m o ~" ;,i:~ "''0 1;0- Co" p, - e easements as shown on the Plat or other relevant plats, shall be in accordance with the applicable provisions of this Declaration. Perpetual, nonexclusive easements are reserved across the Common Areas, to the Developer and/or the Association, or such utility, security, and cable television companies to which the Developer or Association may convey easement rights, for and on b~half of the Developer, the Association, and the grantee utility companies, as may be required for the entrance upon, construction, connection to, disconnection from, ~ replacement of, maintenance, and operation of utility services, ~ ~~ surface and storm water management and drainage facili ties, cable ~:: television system, security, and such other equipment as may be ~ required to adequately serve the Properties, any other lands ~ subject to ownership by the Association or the Developer, it ~ being expressly agreed that the Developer and any of its . successors or assigns, the Association, utility companies and any other person benefited hereby making the entry shall restore the property as nearly as practicable to the condition which existed prior to commencement of construction of such utility or storm water management and drainage facilities. The easements herein reserved shall include, but shall not be limited to, an easement for purposes of construction, maintenance, restoration, connection to or disconnection from and when appropriate, deactivation of such utilities, security, or cable television within the Common Areas. In addition, easements are reserved to the Association and the Developer, and may be created from time to time by the Developer during any period that the Developer shall own at least one (1) Lot, for such further utility, egress, ingress, or drainage easements over and across the Properties as may be required from time to time to serve any other or additional lands during the course of development of same, whether such additional lands become subject to the jurisdiction of the Association and part of the Properties or not. Regarding any easement conveyed by the Developer, the joinder of the Association or any Lot Owner or Lot Owner's mortgagee shall not be required. r-..> ....... ~ c.) ;Jtr< . C".n ~: l"--.J r,;... 1'1 (.~) Section E. Drainage Easement and Environmental Swale. A fifteen (15) foot Drainage Easement is reserved along the rear of Lots 17-27, inclusive as shown on the Plat. Developer shall construct or cause to be constructed certain drainage features consisting of berms and/or swales within said Drainage Easement area. Each Owner shall be solely responsible for the repair, replacement, and maintenance of such drainage features. Alteration and/or removal of such drainage features is expressly prohibited. In the event any Owner fails to repair, replace and maintain such drainage features and improvements, the Association may repair, replace and maintain such drainage features and improvements and assess such Owner for the costs and expenses incurred in order to accomplish the foregoing. Each Owner hereby grants an easement and license to the Developer and the Association over, upon and across such Owner's Lot in order to 8 C/DAH 6786000DE1 02/26/90.4 . . facilitate and accomplish the foregoing. Further, no Owner shall place, erect or construct any improvements or otherwise permit anything to occur within said Drainage Easement area which would in any way effect said Drainage Easement, swale and/or berm. Section F. Public Easements. Fire, police, health and sanitation, park maintenance and other public service personnel. and vehicles shall have a permanent and perpetual easement for ingress and egress over and across the Common Areas. Section G. Ownership. As shown on the Plat, the Common Areas are hereby dedicated free and clear of all liens, non-exclusively to the joint and several use, in common, of the Owners of all Lots that may from time to time constitute part of The Properties ;.~ to such Owners' tenants, guests and invitees. The Common Areas shall, upon the later of completion of the improvements thereon or the date when the last Lot within The Properties has been conveyed to a purchaser (or at any time and from time to time sooner at the sole election of the Developer), be conveyed to the Association, which shall accept such conveyance. The Association is hereby granted an easement over and across all Lots for access of personnel and equipment to maintain, repair, renovate or construct improvements upon, or achieve the objectives of Article IV, Section A hereof, upon all parts and parcels of the Common Areas. Beginning from the date these covenants are recorded, the Association shall be responsible for the maintenance of such Common Areas (whether or not then conveyed or to be conveyed to the Association), such maintenance to be performed in a continuous and satisfactory manner without cost to the general taxpayers of the City of Winter Springs, Florida. It is intended that all real estate taxes, if any, assessed against that portion of the Common Areas owned or to be owned by the Association shall be proportionally assessed against and payable as part of the taxes of the applicable Lots within The Properties. However, in the event that, notwithstanding the foregoing, any such taxes are assessed directly against the Common Areas, the Association shall be responsible for the payment of the same, including taxes on any improvements and any personal property located thereon, which taxes accrue from and after the date these covenants are recorded, and such taxes shall be prorated between Developer and the Association as of the date of such recordation. Developer shall have the right from time to time to enter upon the Common Areas and other portions of The Properties for the purpose of construction, reconstruction, repair, connection to, disconnection from, replacement and/or alteration of any improvements or facilities on the Common Areas or elsewhere on The Properties that Developer elects to effect, and to use the Common Areas and other portions of The Properties for sales, displays and signs or for any other purpose during the period of construction and sale of any portion of The Properties. Without limiting the generality of the foregoing, the Developer shall have the specific right to maintain upon any portion of The 9 C/DAH 6786000DEI 02/26/90.4 r-...:> <,., ~ -.. .... z -r=- t.., r" rn ('") C) "-" o 0, :;.<t. (.n 1'.,,) ""!, J:- ,:,') PI .;::.- . . Properties sales, administrative, construction or other offices without.charge, and appropriate easements of access and use are expressly reserved unto the Developer and its successors, assigns, employees and contractors, for this purpose. Any obligation to complete portions of the Common Areas shall, at all times, be subject and subordinate to these rights and easements and to the above-referenced activities. Accordingly, the Developer shall not be liable for delays in such completion to the extent resulting from the above-referenced activities. The Common Areas cannot be mortgaged. Section H. Other Easements. The Owner of each Lot shall have an easement of access over and upon adjoining Lots and the Common ~ Areas, and the Association, its agents and employees, shall have a perpetual easement over and across all Lots for access and for the purpose of allowing such Owner or the Association to: mow a Lot lawn, maintain landscaping, maintain and keep said Owner's Lot and the improvements thereon in good operating order and repair and maintain and repair air-conditioning compressors, air- conditioning equipment, meters and other equipment serving such Owner's Lot which may be located on such adjoining Lots or within five feet of such adjoining Lots and/or the Common Areas. Easements are reserved over each Lot and the Common Areas in favor of each other Lot and the Common Areas in order to permit drainage and run-off from one Lot (and its improvements) to another or to the Common Areas or from the Common Areas to any Lot or Lots provided same does not unreasonably interfere with the use and enjoyment of such adjoining Lot. There shall be reciprocal appurtenant easements of encroachment between each Lot for the support and overhang of all improvements originally constructed by Developer and for the unwilling placement, shifting, or settling of the improvements constructed, reconstructed, or altered thereon (in accordance with the terms of this Declaration), to a distance of not more than five (5) feet, as measured from any point on the common boundary between adjacent Lots, as the case may be, along a line perpendicular to such boundary at such point; provided however, that in no event shall an easement for encroachment exist if such encroachment is caused by the willful misconduct on the part of the Owner, or Owner's tenant, of the encroaching Lot. Section I. Additional Easements. The Developer, during any period in which there are any unsold Lots on The Properties as now or hereafter defined, and thereafter the Association, each shall have the right to grant such additional electric, security, telephone, gas, cable television or other utility easements, and to relocate any existing easements in any portion of The Properties not dedicated to the City of Winter Springs, Florida, and to grant access easements and relocate any existing access easements in any portion of The Properties not dedicated to the City of Winter Springs, Florida, as the Developer or the Association shall deem necessary or desirable for the proper 10 C/DAH 6786000DEI 02/26/90.4 ,..."" (f't rn -.. :t: ;r .:.=- \'":> r." (1"1 n C) m <:> ~~. -. .' i1 .' , (..n f'..,,) en '~)': :J:~'" I:') 1'1 e e' operation and maintenance of The Properties of, or for the general health or welfare of the Lot Owner, or for the purpose of carrying out any provisions of this Declaration; provided, that such easements or the relocation of existing easements will not prevent or unreasonably interfere with the use of the Lots for their intended purposes. The joinder of the Association or any Lot Owner or Lot Owner's mortgagee shall not be required in the event the Developer declares an additional easement pursuant to the provisions hereof; provided same does not unreasonably interfere with the use and enjoyment of such Lot. ........, Section J. General. All easements, of whatever kind or character, whether heretofore or hereafter created, shall constitute a covenant running with the land and, notwithstanding any other provision of this Declaration, may not be substantially amended or revoked in a way which would unreasonably interfere with its proper and intended use and purpose. The Lot Owners do hereby designate Developer and/or the Association as their lawful attorneys-in-fact to execute any and all instruments on their behalf for the purpose of creating all such easements as are contemplated by the provisions hereof. r.T.' <n <.:) ('1 -..J ~ ' :c 7 -+=- ,") r- t-, ("'.I 'J ..., <:....n r- f" e,,., '"() l~ 1;'1 111 ARTICLE V. COMMUNITY WALL AND ENTRYWAY Section A. Community Wall and Entryway. The Developer intends to erect and construct the Community Wall within the five (5) foot Wall Easement as shown on the Plat. Section B. Maintenance of Community Wall and Entryway. The Association shall be responsible for the maintenance of the Community Wall after completion by the Developer. No Owner shall do or permit any damage to the Community Wall and in the event any Owner, Owner's guest, licensee, permittees or invitees causes any such damage, the Association may assess such Owner for any and all costs and expenses incurred by the Association to repair such damage. Section C. Easement For Maintenance of Community Wall. There is hereby created, declared, granted and reserved for the benefit of the Developer and the Association an easement over, upon and across all Wall Easement areas shown on the Plat together with an easement and license to enter upon such Wall Easement area for the purpose of installing, erecting, constructing, maintaining, repairing, replacing and inspecting the Community Wall and related amenities and structures. Further, each Owner of any Lot adjacent to the Community Wall hereby grants an easement and license over, upon and across such Lot to the Developer and the Association in order to accomplish the foregoing. ARTICLE VI. 11 C/DAH 6786000DEI 02/26/90.4 e e ASSOCIATION-COVENANT FOR MAINTENANCE ASSESSMENTS Section A. Creation of the Lien and Personal Obligation of the Assessments. Except as provided elsewhere herein, the Developer (and each party joining in this Declaration or in any supplemental declaration), for all Lots within The Properties, hereby covenant and agree, and each Owner of any Lot by acceptance of a deed therefor, whether or not it shall be so expressed in such deed or other conveyance, shall be deemed to covenant and agree, to pay to the Association annual Assessments or charges for the maintenance, management, operation and insurance of the Common Areas as provided elsewhere herein, including such reasonable reserves as the Association may deem f~ necessary, capital improvement Assessments, as provided elsewhere herein and all other charges and Assessments hereinafter referred to, all such Assessments to be fixed, established and collected from time to time as herein provided. In addition, special Assessments may be levied against particular Owners and Lots for fines, expenses incurred against particular Lots and/or Owners to the exclusion of others and other charges against specific Lots or Owners as contemplated in this Declaration. The annual, special and other Assessments, together with such interest thereon and costs of collection thereof as hereinafter provided, shall be a charge on the land and shall be a continuing lien upon the Lot against which each such Assessment is made. Each such Assessment, together with such interest thereon and costs of collection thereof as hereinafter provided, shall also be the personal obligation of the person who is the Owner of such property at the time when the Assessment fell due but shall not be a personal obligation of any subsequent Owner unless assumed by such subsequent Owner. Except as provided herein with respect to special Assessments which may be imposed on one or more Lots and Owners to the exclusion of others, all Assessments imposed by the Association shall be imposed against all Lots subject to its jurisdiction equally. Reference herein to Assessments shall be understood to include reference to any and all of said charges whether or not specifically mentioned. Section B. Purpose of Assessments. The regular Assessments levied by the Association shall be used exclusively for maintenance, repair, renovation, and construction upon the Common Areas, the maintenance and repair of the Community Wall and entry features, and the easement located upon Tract C, as specifically provided herein, capital improvements, reserves operating costs of the Association and to promote the health, safety, welfare and aesthetics of the Members of the Association and their families residing with them, their guests and tenants, all as provided for herein. 12 C/DAH 6786000DEI 02/26/90.4 l'""-o,) <<:::' (1'1 (;;) ~ ~ ~. ::r: or-- ( '~t r.;;. Pl c) (0) {.n ......., -I ....' :t>- el "', e e 1. Reserves for Replacement. The Association shall be required to establish and maintain an adequate reserve fund for the periodic maintenance, repair, and replacement of improvements to the Common Areas, and the Community Wall. The reserve fund shall be maintained from annual Assessments. 2. Working Capital. Upon the closing of the sale or the occupation of a Residence, the buyer (or Owner) of such ~ Residence shall pay to the Association an amount equal to ~ one-sixth (1/6) of the annual assessment of the Association ~ for such Lot, which amount shall be maintained in an account ~ by the Association as working capital for the use and benefit <~ of the Association. Said amount shall not be considered as advance payment of annual Assessments. r-..> -... oF"' (on c::> C) .._ .,.: '. ,':: ~ " ,... ,- c' ~; ..., (.J1 r - r-...> (,,'0 ~l:, J!>"" (;'" P1 Section C. Maximum Annual Assessment. Until January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment shall be Six Hundred and nO/100 Dollars ($600.00) per Lot. 1. From and after January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment may be increased each year, without a vote of the Membership, by an amount not greater than ten percent (10%) above the maximum assessment for the previous year. 2. From and after January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment may be increased by an amount greater than ten percent (10%) above the maximum assessment for the previous year, as hereinabove provided, only upon approval of a majority of the Board of Directors of the Association and upon approval by two-thirds (2/3) vote of each class of the Members of the Association voting at a meeting or by ballot as may be provided in the Bylaws of the Association. 3. The Board of Directors may fix the annual assessment at an amount not in excess of the maximum. Section D. Specific Damage. Owners (on their behalf and on behalf of their children, invitees, tenants and guests) causing damage to any portion of the Common Areas as a result of misuse, negligence, failure to maintain or otherwise shall be directly liable to the Association, and a special Assessment may be levied therefor against such Owner or Owners. Such special Assessments shall be subject to all of the provisions hereof relating to other Assessments, including, but not limited to, the lien and foreclosure procedures. Section E. Exterior Maintenance. The Association shall maintain and improve, as the Association may deem appropriate, all landscaping, masonry walls and improvements as initially 13 C/DAH 6786000DEl 02/26/90.4 e e placed by the Developer on the Common Areas and provided, specifically, that such landscape areas on the Lots enclosed by walls or fences constructed by Developer (whether opened or not) and such landscape areas enclosed by masonry walls or fences constructed by the Developer (whether opened or not), and such walls or fences themselves (except as otherwise specifically provided with respect to common fences), shall be maintained by the Owner of the Lot. The Association may provide exterior maintenance upon all such Lots for all or any of the following: paint, repair, replace and care for roofs, exterior building surfaces, other landscaping, trees, shrubs, grass, walls, drives and parking places and other exterior improvements. The cost of such exterior maintenance referred to in this Section performed by the Association shall be deemed a special Assessment charge with respect to each Lot so maintained. The Board of Directors of the Association shall estimate the cost of any such exterior maintenance for each year and shall fix the assessment therefor for each year, but the Board shall, thereafter, make such adjustments with the Owners as are necessary to reflect the actual cost of such exterior maintenance. The Owner, except as contemplated specifically herein, shall maintain the structures and grounds not maintained by the Association on each Lot at all times in a neat and attractive manner and as provided elsewhere herein. Upon the Owner's failure to do so, the Association may at its option, after giving the Owner five (5) days' written notice sent to his last known address, or to the address of the subject premises, have that portion of the grass, weeds, shrubs and vegetation which the Owner is to maintain cut when and as often as the same is necessary in its judgment, and have dead trees, shrubs and plants removed from such Lot and other areas and replaced, and may have any portion of the Lot and other areas resodded or landscaped, and all expenses of the Association under this sentence shall be a lien and special Assessment charged against the Lot on which the work was done and shall be the personal obligation of all Owners of such Lot. If the Association has not elected to provide the exterior maintenance referred to in the second sentence of this Section, then upon the Owner's failure to maintain the exterior of the Lot in good repair and appearance, the Association may, at its option, after giving the Owner thirty (30) days' written notice sent to his last known address, make repairs and improve the appearance in a reasonable and workmanlike manner. The cost of any of the work performed by the Association upon the Owner's failure to do so shall be immediately due and owing from the Owner of the Lot and shall constitute a special Assessment against the Lot on which the work was performed, collectible in a lump sum and secured by the lien against the Lot as herein provided. No bids need to be obtained by the Association for any such work and the Association shall designate the contractor in its sole discretion. Section F. Capital Improvements. Funds in excess of $20,000.00 in anyone case which are necessary for the addition of capital 14 C/DAH 6786000DEl 02/26/90.4 ......, C/"l PI -..s ::1: -P'" '.:.r.: (':) r'" ....., ("1 0 -.. '_I"l r'.' ......, <:.t:.:> ~ I . . e e improvements (as distinguished from repairs and maintenance) relating to the Common Areas under the jurisdiction of the Association and which have not previously been collected as reserves or are otherwise available to the Association shall be levied by the Association as special Assessments only upon approval of a majority of the Board of Directors of the Association and upon approval by two-thirds (2/3) favorable vote of each class of the Members of the Association voting at a meeting or by ballot as may be provided in the Bylaws of the Association. Section G. Date of Commencement of Annual Assessments; Due Dates. The annual Assessments provided for in this Article shall commence on the first day of the month next following the recordation of these covenants and shall be applicable through December 31 of such year. Each subsequent annual Assessment shall be imposed for the year beginning January 1 and ending December 31. The annual Assessments shall be payable in advance in monthly installments, or in annual, semi- or quarter-annual installments if so determined by the Board of Directors of the Association. The Assessment amount (and applicable installments) may be changed at any time by said Board from that originally stipulated or from any other Assessment that is in the future adopted. The original Assessment for any year shall be levied for the calendar year (to be reconsidered and amended, if necessary, every six (6) months), but the amount of any revised Assessment to be levied during any period shorter than a full calendar year shall be in proportion to the number of months (or other appropriate installments) remaining in such calendar year. The due date of any special Assessment shall be fixed in the Board resolution authorizing such assessment. Section H. Duties of the Board of Directors. The Board of Directors of the Association shall fix the date of commencement and the amount of the Assessment against each Lot subject to the Association's jurisdiction for each assessment period, to the extent practicable, at least thirty (30) days in advance of such date or period, and shall, at that time, prepare a roster of the Lots and Assessments applicable thereto which shall be kept in the office of the Association and shall be open to inspection by any Owner. Written notice of the Assessment shall thereupon be sent to every Owner subject thereto thirty (30) days prior to payment of the first installment thereof, except as to emergency Assessments. In the event no such notice of a change in the Assessments for a new Assessment period is given, the amount payable shall continue to be the same as the amount payable for the previous period, until changed in the manner provided for herein. Subject to other provisions hereof, the Association shall upon demand at any time furnish to any Owner liable for an Assessment a certificate in writing signed by an officer of the Association, setting forth whether such assessment has been paid as to any particular Lot. Such certificate shall be conclusive 15 C/DAH 6786000DEl 02/26/90.4 r'-> tn t/'l <::> ('1 -., ~ ::t: ..p- ~ m CO") (;.-:' .., <,..n ~o ,. - (.J,.) ~ c-..:> p e e evidence of payment of any Assessment to the Association therein stated to have been paid. The Association may charge a reasonable fee for such certificate. The Association, through the action of its Board of Directors, shall have the power, but not the obligation, to enter into an agreement or agreements from time to time with one or more persons, firms or corporations (including affiliates of the Developer) for management services. The Association shall have all other powers provided in its Articles of Incorporation and Bylaws. l'.) m o c.).,. ~,. Section I. Effect of Non-Payment of Assessment; the Personal Obligation; the Lien; Remedies of the Association. If the Assessments (or installments), whether general or special, are not paid on the date(s) when due (being the date(s) specified herein), then such Assessments (or installments) shall become delinquent and shall, together with late charges, interest and the cost of collection thereof as hereinafter provided, thereupon become a continuing lien on the Lot which shall bind such property in the hands of the then Owner, his heirs, personal representatives, successors and assigns. Each Assessment against a Lot shall also be the personal obligation of the Owner at the time the Assessment fell due. Such personal obligation of the then Owner to pay such Assessment shall not pass to his successors in title unless assumed by them. en ITl ~ :::r :i: ~ (...., f" M oj ~~) ...., (_r'I r" W ~. .~ '" .', < , ""::t' y.- (...:. "'1 If any installment of an Assessment is not paid within fifteen (15) days after the due date, at the option of the Association, a late charge not greater than the amount of such unpaid installment may be imposed (provided that only one late charge may be imposed on anyone unpaid installment and if such installment is not paid thereafter, it and the late charge shall accrue interest as provided herein but shall not be subject to additional late charges, provided further, however, that each other installment thereafter coming due shall be subject to one late charge each as aforesaid) or the next 12 months' worth of installments may be accelerated and become immediately due and payable in full and all such sums shall bear interest from the dates when due until paid at the highest lawful rate and the Association may bring an action at law against the Owner(s) personally obligated to pay the same or may record a claim of lien (as evidence of its lien rights as hereinabove provided for) against the Lot on which the assessments and late charges are unpaid or may foreclose the lien against the Lot on which the assessments and late charges are unpaid, or may pursue one or more of such remedies at the same time or successively, and attorneys' and paralegal fees and costs of counseling the Association and preparing and filing the claim of lien and the complaint, if any, in such action shall be added to the amount of such assessments, late charges and interest, and in the event a judgment is obtained, such judgment shall include all such sums as above provided and reasonable attorneys' and paralegal fees to be fixed by the court together with the costs of the action, and 16 C/DAH 6786000DEl 02/26/90.4 e e the Association shall be entitled to attorneys' and paralegal fees and costs in connection with any appeal of any such action. In the case of an acceleration of the next 12 months' worth of installments, each installment so accelerated shall be deemed, initially, equal to the amount of the then most current delinquent installment, provided that if any such installment so en accelerated would have been greater in amount by reason of a ~l subsequent increase in the applicable budget, the Owner of the ~ Lot whose installments were so accelerated shall continue to be ~ liable for the balance due by reason of such increase and special ~ Assessments against such Lot shall be levied by the Association C) for such purpose. In addition to the rights of collection of Assessments stated in this Section, any and all persons acquiring title to or an interest in a Lot as to which the Assessment is delinquent, including without limitation persons acquiring title by operation of law and by judicial sales, shall not be entitled to the occupancy of such Lot or the enjoyment of the Common Areas until such time as all unpaid and delinquent Assessments due and owing from the selling Owner have been fully paid and no sale or other disposition of Lots shall be permitted until an estoppel letter is received from the Association acknowledging payment in full of all Assessments and other sums due; provided, however, that the provisions of this sentence shall not be applicable to the mortgagees and purchasers contemplated by Section 10 of this Article. It shall be the legal duty and responsibility of the Association to enforce payment of the Assessments hereunder. Failure of the Association to send or deliver bills shall not, however, relieve Owners from their obligations hereunder. It shall not be the duty of any mortgagee of any part or all of The Properties to collect Assessments. All Assessments, late charges, interest, penalties, fines, attorney's fees and other sums provided for herein shall accrue to the benefit of the Association. Owners shall be obligated to deliver the documents originally received from the Developer, containing this and other declarations and documents, to any grantee of such Owner. Section J. Subordination of the Lien. The lien of the assessments provided for in this Article shall be subordinate to tax liens and to the lien of any first mortgage to any Institutional Lender and which is now or hereafter placed upon any property subject to Assessment; provided, however, that any such mortgagee when in possession or any receiver, and in the event of a foreclosure, any purchaser at a foreclosure sale, and any such mortgagee acquiring a deed in lieu of foreclosure, and all persons claiming by, through or under such purchaser or mortgagee, shall hold title subject to the liability and lien of any Assessment coming due after such foreclosure (or conveyance 17 C/DAH 6786000DEl 02/26/90.4 ~ to (;.') -.., ~ .p- ..., <...n r- c......, N ""1:' )> c;: f'" I e e in lieu of foreclosure). Any unpaid Assessment which cannot be collected as a lien against any Lot by reason of the provisions of this Section shall be deemed to be an Assessment divided equally among, payable by and a lien against all Lots subject to Assessment by the Association, including the Lots as to which the foreclosure (or conveyance in lieu of foreclosure) took place. (," Section K. Access at Reasonable Hours. For the purpose solel~ of performing the Lot and exterior Residence maintenance ~ authorized by this Article, the Association, through its duly M authorized agents or employees or independent contractors, shall 8 have the right, after reasonable notice to the Owner, to enter ~ upon any Lot at reasonable hours on any day to accomplish such r work. r-...> -. ~ o;l (;) (7.lr..... :;l" ::~ t.:',l 1- r" ':111' c...n (,t.) C\.., f" ~ ,", ':f ;; ~:,: G) rf'l Section L. Collection of Assessments. The Association shall collect the Assessments of the Association. Section M. Effect on Developer. Notwithstanding any prov1s1on that may be contained to the contrary in this instrument, for as long as Developer is the Owner of any Lot, the Developer shall be liable for Assessments against each such Lot owned by the Developer in the amount equal to twenty-five percent (25%) of the per Lot assessment payable by other Lot Owners, provided, the Developer, in its sole discretion, may elect, in lieu of such Assessments, to pay the amount of any deficits incurred by the Association for expenses incurred in excess of the amounts collected as Assessments from the other Lot Owners, in which event the Developer shall have no obligation to pay the Assessments during the period of time it shall elect to pay such deficits. When all Lots within The Properties are sold and conveyed to purchasers, Developer shall not have further liability of any kind to the Association for the payment of Assessments. Section N. Trust Funds. The portion of all regular Assessments collected by the Association for reserves for future expenses, and the entire amount of all special assessments, shall be held by the Association for the Owners of all Lots, as their interests may appear, and may be invested in interest bearing accounts or in certificates of deposit or other like instruments or accounts available at banks or savings and loan institutions the deposits of which are insured by an agency of the United States. ARTICLE VII. CERTAIN RULES AND REGULATIONS Section A. Applicability. The provisions of this Article VII shall be applicable to all of The Properties but shall not be applicable to the Developer or property owned by the Developer. 18 C/DAH 6786000DEl 02/26/90.4, e e Section B. Land Use and Building Type. No Lot shall be used except for residential purposes. No building constructed on a Lot shall be used except for residential purposes. No business, commercial, industrial, trade, professional or other non- residential activity or use of any nature or kind shall be conducted on any Lot. No building shall be erected, altered, placed or permitted to remain on any Lot other than one Residence. Temporary uses by Developer for model homes, sales displays, parking lots, sales offices, construction offices and ~ other offices, or anyone or combination of such uses, shall be 7. permitted until permanent cessation of such uses takes place. No F changes may be made in buildings erected by the Developer (except ~ if such changes are made by the Developer) without the consent of 0 the Architectural Review Board as provided herein. l"-.,) to (;:) -., ~ .f:- Section c. Opening Blank Walls; Removing Fences. No Owner shall make or permit any opening to be made in any Developer or Association erected blank wall, or masonry wall or fence, except as such opening is installed by Developer. No such building wall or masonry wall or fence shall be demolished or removed without the prior written consent of the Owner of the adjoining Lot, Developer and the Architectural Review Board. Developer shall have the right but not be obligated to assign all or any portion of its rights and privileges under this Section to the Association. ..., <:n r- ('..0 .~ "'0 ):10 <;'"l 1"1 Section D. Easements. Easements for installation, replacement, connection to, disconnection from, and maintenance of utilities are reserved as shown on the recorded Plats covering The Properties and as provided herein. Within these easements, no structure, planting or other material may be placed or permitted to remain that will interfere with or prevent the maintenance of utilities, unless said structure, planting or other material has been so placed by the Developer or has been so placed by the Developer or Association or with the permission of the Architectural Review Board. The area of each Lot covered by an easement and all improvements in the area shall be maintained continuously by the Owner of the Lot, except as provided herein to the contrary and except for installations for which a public authority or utility company is responsible. The appropriate water and sewer authority, electric utility company, telephone company, the Association, and Developer and their respective successors and assigns, shall have a perpetual easement for the installation, replacement, connection to, disconnection from, and maintenance, all underground, of water lines, sanitary sewers, storm drains, and electric, telephone and security lines, cables and conduits, under and through the utility easements as shown on the Plats. Developer and its designees, successors and assigns, shall have a perpetual easement for the installation and maintenance of cable, radio, television and security lines within Platted utility easement areas. All utilities and lines within the subdivision, whether in street rights-of-way or utility easements, shall be installed and maintained underground. 19 C/DAH 6786000DEl 02/26/90.4 e e Section E. Nuisances. No noxious, offensive or unlawful activity shall be carried on upon The Properties, nor shall anything be done thereon which may be or may become an annoyance or nuisance to other Owners. Section F. Temporary and Other Structures. No structure of a temporary character, or storage shed, utility shed or similar structure, green house, trailer, tent, mobile home, motor home, or recreational vehicle, shall be permitted on The Properties at any time or used at any time as a residence, either temporarily or permanently, except by the Developer during construction. No gas tank, gas container or gas cylinder shall be permitted to be placed on or about the outside of any Residence or on or about any ancillary building, unless approved by the Architectural Review Board, and if approved must be screened and enclosed by a structure approved by the ARB. Section G. Signs. No sign of any kind shall be displayed to the public view on The Properties, except any sign used by the Developer to advertise the company or builder, project, sales or other matters during the construction and sales period. No sign of any kind shall be permitted to be placed inside a home or on the outside walls of the home or on any fences on The Properties, nor on the Common Areas, nor on dedicated areas, if any, nor on entryways or any vehicles within The Properties, except such as are placed by the Developer. Provided, however, one (1) discreet, professionally prepared "For Sale" sign of not more than five (5) square feet may be placed on the street side of the Lot, subject to prior approval by the Architectural Review Board. Section H. Oil and Mining Operation. No oil drilling, oil development operations, oil refining, quarrying or mining operations of any kind shall be permitted upon or in The Properties, nor on dedicated areas, nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon or in The Properties. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon any portion of the land subject to these restrictions. Section I. Animals and Pets. No reptiles, livestock, poultry or animals of any kind, nature or description shall be kept, bred or raised upon The Properties, except for dogs, cats, birds or other usual or customary household pets which may be kept, raised and maintained upon The Property, provided that the same are not kept, raised or maintained thereon for business or commercial purposes or in number deemed unreasonable by the 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 facia be considered unreasonable. Notwithstanding the foregoing, no such reptiles, 20 C/DAH 6786000DEl 02/26/90.4 f',) t'X (.n <- ("41 -.., ~ .:=- ;r C) r.. rTl n <.? ..., (J1 r- eA) (..11 e e" animals, birds or other pets may be kept, raised or maintained on The Properties under circumstances, which, in the good faith judgment of the 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 Lots or portions of The Properties. ~ Section J. Visibility at Intersections. No obstruction to visibility at street intersections or Common Area intersections shall be permitted. (n m :<. 7: o 1- fT' Section K. Architectural Control. No building, addition, wal~, addition, fence or other structure or improvement of any nature ~ or kind (including landscaping and exterior paint and finish) . shall be erected, placed or altered on any Lot until the construction plans and specifications and a plan showing the location of the structure and landscaping or of the materials as may be required by the Architectural Review Board (sometimes referred to herein as the "ARB") have' been approved in writing by the Architectural Review Board named below and all necessary governmental permits are obtained. Each building, addition, wall, fence or other structure or improvement of any nature, together with the landscaping, shall be erected, placed or altered upon the premises only in accordance with the plans and specifications and plot plan so approved and applicable governmental permits and requirements. Refusal of approval of plans, specifications and plot plans, or any of them, may be based on any ground, including purely aesthetic grounds, which in the sole and uncontrolled discretion of said Architectural Review Board seem sufficient. Any change in the exterior appearance of any building, wall, fence or other structure or improvements, and any change in the appearance of the landscaping, shall be deemed an alteration requiring approval. The Architectural Review Board shall have the power to promulgate such rules and regulations as it deems necessary to carry out the provisions and intent of this paragraph. The Architectural Review Board shall be a committee composed of or appointed by the Board of Directors of the Association. The address of the Architectural Review Board shall be the address of the Association's registered agent. A majority of the Board of Directors may designate a representative to act for the Board and may employ personnel and consultants to act for it. The members of the Board shall not be entitled to any compensation for services performed pursuant to this covenant. The Architectural Review Board shall act on submissions to it, or request further information thereon, within thirty (30) days after receipt of the same (and all further documentation required) or else the request shall be deemed approved. Members of the Board shall be appointed by the Board of Directors of the Association as a committee thereof. Without limiting the 21 C/DAH 6786000DEl 02/26/90.4 ....... .f=- u, t;";, 0,,,,., ;:lIC '., -., r.:";' (J1 C.-.> ':7' ,- t.... '. ,< < " ";. ;:. ~.: 1,;') 1"1 e e generality of Section A hereof, the foregoing provisions shall not be applicable to the Developer or to construction activities conducted by the Developer. The Architectural Review Board or any members of the Architectural Review Board and any and all Officers, Directors, Employees, Agents and Members of the Association shall not, either jointly or severally, be liable or accountable in damages or otherwise to any Owner or other person or party whomsoever, 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 provisions of this Section or this'Declaration, or for any mistake in judgment, negligence, misfeasance, or nonfeasance related to or in connection with any such decision, approval or disapproval, and each owner by acquiring title to any Lot or interest therein, shall be deemed to have agreed that he or it shall not be entitled to and shall not bring any action, proceeding or suit against such parties. """-> ('t /T1 -.. :-c :c: .::=- (~ ,...... /T1 n (::J CD o 0......, :::-::... c-;',~ , ,..- ':';' ...., (J'I r- (..l.) -J ~ . :': -0'~' 1" '.. 1,;.) "'.1 Section L. Exterior Appearances and Landscaping. The paint, coating, stain and other exterior finishing colors on all residential buildings and masonry walls may be maintained as that originally installed, without prior approval of the Architectural Review Board, but prior approval by the Architectural Review Board shall be necessary before any such exterior finishing color is changed. Section M. Commercial Trucks, Trailers, Cam ers and Boats. With the exception of non-commercial trucks with 3 4 ton capacity or less, no trucks or commercial vehicles, or campers, mobile homes, motorhomes, house trailers or trailers of every other description, recreational vehicles, boats, boat trailers, horse trailers or vans, shall be permitted to be parked or to be stored at any place on The Properties, nor in dedicated areas, unless same shall be parked or stored entirely within and fully enclosed by a garage. This prohibition of parking shall not apply to temporary parking of trucks and commercial vehicles, such as for pick-up and delivery and other commercial services, nor to non- commercial vans for personal use which are in acceptable condition in the sole opinion of the Board (which favorable opinion may be changed at any time), nor to any vehicles of the Developer or those required by Builder during construction on any Lot. No on-street parking shall be permitted. In the event any provision of this covenant is breached, the Developer or the Association may have said truck, commercial vehicle, camper, mobile home, motorhome, house trailer, other trailer, recreational vehicle, boat, boat trailer, or horse trailer towed from The Properties at the Lot Owner's sole cost and expense, and a special Assessment may be levied therefor against such Owner. 22 C/DAH 6786000DEl 02/26/90.4 e e Section N. Garbage and Trash Disposal. No garbage, refuse, trash or rubbish shall be deposited except as permitted by the Association. The requirements from time to time of the applicable governmental authority for disposal or collection of waste shall be complied with. All equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition. All garbage and trash containers and their storage fn areas and the like shall be kept within a garage, placed inside ~ an enclosure approved by the Architectural Review Board, or ~ behind opaque walls attached to and made a part of a single ~ family residence for each Lot, and otherwise in conformity with ~ applicable rules, regulations. and approvals. Such. contair;ers may:: not be placed out for collectlon sooner than the nlght prlor to r- scheduled collection and must be removed within the night of collection. ........., -., ..;::- (.'1' o 0...... ;;lit..., -, ;.~~; U1 W 0-., :. f"'- ;I,~ .. . ~. :;. :,1" .~;~; C) ;"1 : Section O. Fences. No fence, wall or other structure shall be erected in the front yard, back yard, or side yard setback areas, except as originally installed by Developer or except as approved by the Architectural Review Board as above provided. Section P. No Drying. To the extent lawful, no clothing, laundry or wash shall be aired or dried on any portion of The Properties which is visible from the adjacent Lots, or the streets, or any other adjoining portion of The Properties. Section Q. Unit Air Conditioners and Reflective Materials. No air conditioning units may be mounted through windows or walls or on any roof. No building shall have any aluminum foil placed in any window or glass door or any reflective substance or other materials (except standard window treatments) placed on any glass, except such as may be approved by the Architectural Review Board for energy conservation purposes. Section R. Exterior Antennas. No exterior antennas, microwave antennas, satellite antennas, microwave dish, satellite dish, transducers, or signal amplification systems for use in connection with television or radio equipment shall be permitted on any Lot or improvement thereon, except that Developer shall have the right to install and maintain community antenna, microwave antenna, dishes, satellite antenna and radio, television and security lines. Section S. Chain Link Fences. No chain link fences shall be permitted on any Lot or portion thereof, unless installed by Developer during construction periods or around any retention or detention areas as required by the City. Section T. Recreational Facilities. No tree houses, or skate board ramps shall be constructed or placed upon The Properties. Basketball goals shall be permitted subject to the approval of the ARB as to the type of equipment to be installed, and the location. 23 C/DAH 6786000DEl 02/26/90.4 I e. e Section u. Design Standards Manual. The Architectural Review Board may adopt and amend, from time to time, a design standards manual (the "Design Standards Manual") which shall set forth architectural and landscape design standards and specifications and other criteria for improvements to be constructed, altered or maintained upon The Properties and other matters related to this Declaration and the Architectural Review Board. ~ ::r: x to ~ 1"'1 l".) -.. ~ ('):1 (;) o~ ;oK .. -. .. Section V. Additional Rules and Regulations. In addition the foregoing, 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 The Properties and Lots and to thereafter change, modify, alter, amend, rescind and augment any of the same; provided, however, that no rules and 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 The Properties and the Owner's thereof and their successors and assigns, as well as all guests and invitees of and all parties claiming by, through or under such Owners. r , ~ ~I ." (J1 ." ,., ,- :l:>'~ W (",I I~"" : (""~ o <.0 ARTICLE VIII. RESALE RESTRICTIONS No Owner may sell or convey his interest in a Lot unless all sums due the Association shall be paid in full and an estoppel certificate in recordable form to such effect shall have been received by the Owner. If all such sums shall have been paid, the Association shall deliver such certificate within ten (10) days of a written request therefor. The Owner requesting the certificate shall pay to the Association a reasonable sum to cover the costs of examining records and preparing the certificate. ARTICLE IX. ENFORCEMENT Section A. Compliance by Owners. Every Owner shall comply with the restrictions and covenants set forth herein and any and all rules and regulations which from time to time may be adopted by the Board of Directors of the Association. Section B. Enforcement. The Developer, the Association, the Association Board of Directors, the Architectural Review Board, each Owner, the City of Winter Springs, Florida, or any other party as provided herein shall have the right to enforce this Declaration and the covenants, restrictions and provisions hereof. Enforcement of this Declaration and the covenants, restrictions and provisions hereof may be accomplished by any 24 C/DAH 6786000DEl 02/26/90.4 I e e proceeding at law or in equity, including without limitation, an action for damages and injunctive relief. The Association shall have the right to suspend the voting rights and use of the Common Areas (except legal access) of any defaulting Owner. Failure to enforce any covenant, restriction or provision hereof shall not be deemed a waiver to do so thereafter. The defaulting and/or ~ offending Owner shall be responsible for all costs incurred in z enforcement of this Declaration, including but not limited to, i? , ,." attorney, paralegal and legal assistant fees, costs and expenses,n related fees, costs and expenses, court costs and witness and 0 expert fees and costs, whether suit be brought or not, and ~ whether in settlement, in any declaratory action, at trial or on appeal. l'J -. .p:- a:> C'> 0....... ;K-. -, ;.::":) T- r'. ':'I ~_. 'j'" <..n .,l:l- o -0', 1:;111:'" (;") rn ARTICLE X. GENERAL PROVISIONS Section A. Duration. The covenants and restrictions of this Declaration shall run with and bind The Properties, and shall inure to the benefit of and be enforceable by the Developer, the Association, the Architectural Review Board and the Owner of any land subject to this Declaration, and their respective legal representatives, heirs, successors and assigns, for a term of fifty (50) years from the date this Declaration is recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years each unless an instrument signed by the then Owners of 75% of all the Lots subject hereto has been recorded, agreeing to revoke said covenants and restrictions. Provided, however, that no such agreement to revoke shall be effective unless made and recorded three (3) years in advance of the effective date of such revocation, and unless written notice of the proposed agreement is sent to every Owner at least ninety (90) days in advance of any action taken. Section B. Notice. Any notice required to be sent to any Member or Owner under the provisions of this Declaration shall be deemed to have been properly sent when personally delivered or mailed, postpaid, to the last known address of the person who appears as Member or Owner on the records of the Association at the time of such mailing. Section C. Severability. Invalidation of anyone of these covenants or restrictions or any part, clause or word hereof, or the application thereof in specific circumstances, by judgment or court order shall not affect any other provisions or applications in other circumstances, all of which shall remain in full force and effect. Section D. Amendment. In addition to any other manner herein provided for the amendment of this Declaration, the covenants, restrictions, easements, charges and liens of this Declaration 25 C/DAH 6786000DEl 02/26/90.4 e e may be amended, changed or added to at any time and from time to time upon the execution and recordation of an instrument executed by the Developer alone, for so long as it holds title to any Lot affected by this Declaration; or alternatively by approval at a meeting of Owners holding not less than 66 2/3% vote of the membership in the Association, provided, that so long as the Developer is the Owner of any Lot affected by this Declaration, the Developer's consent must be obtained if such amendment, in the sole opinion of the Developer, affects its interest. The foregoing may not be amended. ,......, C"'.J c:> c.::> ....... ;;10;..... .., (I" f1'l ......, :-t: Z ~ c,.~.. r;'::' ..,.1 to') o ;,.~':;', :- ,- ':.:r: ,....1 ~,. : ~.. ~ .,' Section E. Effective Date. This Declaration shall become effective upon its recordation in the Public Records of Seminole County, Florida. ..." <..n r- ~ ;;:~:'; I.") rr' Section F. Withdrawal. Developer reserves the right to amend this Declaration at any time, without prior notice and without the consent of any person or entity, for the purpose of removing certain portions of The Properties then owned by the Developer or the Association from the provisions of this Declaration to the extent included originally in error or as a result of reasonable changes in the plans for The Properties desired to be effected by the Developer and approved by the City of winter Springs. Section G. Conflict. This Declaration shall take precedence over conflicting provisions in the Articles of Incorporation and Bylaws of the Association and the Articles shall take precedence over the Bylaws. Section H. Standards for Consent,~roval, Completion, Other Action and Interpretation. Whenever this Declaration shall require the consent, approval, completion, substantial completion, or other action by the Developer, the Association or the Architectural Review Board, such consent, approval or action may be withheld in the sole and unfettered discretion of the party requested to give such consent or approval or take such action, and all matters required to be completed or substantially completed by the Developer or the Association shall be deemed completed or substantially completed when so determined in the reasonable opinion of the Developer or Association, as appropriate. This Declaration shall be interpreted by the Board of Directors and an opinion of counsel to the Association rendered in good faith that a particular interpretation is not unreasonable shall establish the validity of such interpretation. Section I. Easements. Should the intended creation of any easement provided for in this Declaration fail by reason of the fact that at the time of creation there may be no grantee in being having the capacity to take and hold such easement, then any such grant of easement deemed not to have been so created shall nevertheless be considered as having been granted directly to the Association as agent for such intended grantees for the 26 C/DAH 6786000DEl 02/26/90.4 ~ I - e purpose of allowing the original party or parties to whom the easements were originally intended to have been granted the benefit of such easement and the Owners designate hereby the Developer and the Association (or either of them) as their lawful attorney-in-fact to execute any instrument on such Owners' behalf as may hereafter be required or deemed necessary for the purpose of later creating such easement as it was intended to have been :~ ~ created herein. Formal language of grant or reservation with ~ ~ respect to such easements, as appropriate, is hereby incorporatedP- in the easement provisions hereof to the extent not so recited i~ some or all of such provisions. p ""'1 ,-- Section J. Covenants Running With The Land. ANYTHING TO THE' CONTRARY HEREIN NOTWITHSTANDING AND WITHOUT LIMITING THE GENERALITY (AND SUBJECT TO THE LIMITATIONS) OF SECTION A HEREOF, IT IS THE INTENTION OF ALL PARTIES AFFECTED HEREBY (AND THEIR RESPECTIVE HEIRS, PERSONAL REPRESENTATIVES, SUCCESSORS AND ASSIGNS) THAT THESE COVENANTS AND RESTRICTIONS SHALL RUN WITH THE LAND AND WITH TITLE TO THE PROPERTIES. WITHOUT LIMITING THE GENERALITY OF SECTION 0 HEREOF, IF ANY PROVISION OR APPLICATION OF THIS DECLARATION WOULD PREVENT THIS DECLARATION FROM RUNNING WITH THE LAND AS AFORESAID, SUCH PROVISION AND/OR APPLICATION ~HALL BE JUDICIALLY MODIFIED, IF AT ALL POSSIBLE, TO COME AS CLOSE AS POSSIBLE TO THE INTENT OF SUCH PROVISION OR APPLICATION AND THEN BE ENFORCED IN A MANNER WHICH WILL ALLOW THESE COVENANTS AND RESTRICTIONS TO SO RUN WITH THE LANDi BUT IF SUCH PROVISION AND/OR APPLICATION CANNOT BE SO MODIFIED, SUCH PROVISION AND/OR APPLICATION SHALL BE UNENFORCEABLE AND CONSIDERED NULL AND VOID IN ORDER THAT THE PARAMOUNT GOAL OF THE PARTIES AFFECTED HEREBY (THAT THESE COVENANTS AND RESTRICTIONS RUN WITH THE LAND AS AFORESAID) BE ACHIEVED. Section K. Dissolution of Association. In the event of a permanent dissolution of the Association, all assets of the Association shall be conveyed to a non-profit organization with similar purposes. Failing the ability to find a non-profit organization to succeed to the Association within 90 days of dissolution of the Association, all Association assets may be dedicated to the city government of the City of Winter Springs, Florida or any applicable municipal or other governmental authority. Said successor non-profit organization or governmental entity shall pursuant to this Declaration provide for the continued maintenance and upkeep thereof. ARTICLE XI. INFORMATION AND FINANCIAL STATEMENT Section A. Information. The Association shall make available to Owners and any Institutional Lender granted a first mortgage on any Lot, and to holders, insurers or guarantors of any first mortgage on any Lot, current copies of the Declaration, rules and regulations for Arbor Glen, Articles of Incorporation 27 C/DAH 6786000DEI 02/26/90.4 1-....> (1:1 <.:> ~<:"; :~~, .... .r- ,-- :;:-.. f'''' t'~. ~ '",,' .:'" c..n ""t.) '...' t,..I;.,1 -'I:"- c;> rn ,...", e e Section B. Financial Statement. Any holder of a first mortgage on a Lot is entitled, upon written request, to a financial statement of the Association for the immediately preceding fiscal year. and Bylaws of Arbor Glen Homeowners Association, Inc., and the books, records and financial statements of the Association. The term "available" as used in this section, means available for inspection, upon request, during normal business hours or under ~ other reasonable circumstances. ~ ;r c::> r-- m ("") o 1'-> ~ 4:l- a' C~ ~q -., ;,;:., .~ ;- ~1 : r'~ : ARTICLE XII. CONTRACTS ..... (..f1 r- ..r:- (~~J ('"'; ~.. .I ~,. ;0 -0 ;~,..l to- ".j r. , 1"'1 Section A. Contracts. The Association, prior to assumption of control of the Association by the Class A members as provided in Article III, Section B, is not bound either directly or indirectly to contracts or leases (including a management contract) unless there is a right of termination of any such contract or lease, without cause, which is exercisable without penalty at any time after transfer of control, upon not more than ninety (90) days' notice to the other party. ARTICLE XIII. INSURANCE AND LENDER'S NOTICES Section A. Insurance and Fidelity Bonds. The Association shall obtain and maintain in effect casualty and liability insurance and fidelity bond coverage as specified in the Federal National Mortgage Association Lending Guide, Chapter Three, Part 5, Insurance Requirements, as such shall be amended from time to time. Section B. Lender's Notices. Upon written request to the Association, identifying the name and address of the holder, insurer or guarantor and the lot number or address, any mortgage holder, insurer or guarantor shall be entitled to timely written notice of: (a) any condemnation or casualty loss that affects either material portion of The Properties or the Lots securing its mortgage; (b) any sixty (60) day delinquency in the payment of Assessments or charges owed by the Owner of any Lot on which it holds the mortgage; (c) a lapse, cancellation, or material modification of any insurance policy or fidelity bond maintained by the Association; (d) any proposed action that requires the consent of a 28 C/DAH 6786000DEl 02/26/90.4 .. e - specified percentage of mortgage holders. ARTICLE XIV. LIMITATIONS ON ASSOCIATION (a) By act or omission seek to abandon, partition, (b) Change the method of determining the obligations, Assessments or other charges that may be levied against Owner; (c) By act or omission, change, waiver, abandon any scheme of regulations or their enforcement pertaining to the architectural design or the exterior appearance of units, the exterior maintenance of units, the maintenance of the Common Areas, walks, fences, and driveways, and the upkeep of lawns and plantings in The Properties; (d) Fail to maintain fire and extended coverage on insurable Common Areas on a current replacement cost basis in an amount of at least 100% of the insurable value (based on current replacement costs); or (e) Use hazard insurance proceeds for losses to any Common Areas for other than the repair, replacement or reconstruction of the Common Areas. ARTICLE XV. PAYMENT OF CHARGES BY FIRST MORTGAGEES First Mortgagees of Lots may: (a) Jointly or singly pay taxes or other charges that are in default and that mayor have become charges against any Common Areas; and (b) Pay overdue premiums on hazard insurance policies or secure new hazard insurance coverage for the Common Areas in the case of lapse of a policy. 29 C/DAH 6786000DEl 02/26/90.4 ,......, -.... ..,::- fI' <:) g,~; ~... ;':::-i ~.; ,- ~~l : 1+, '-',: (...~ ;1;:- ;;t'~ (,') p'\ c..n ~1='"' ~~ e e First Mortgagees making such payments are due immediate reimbursements from the Association. The Association shall duly execute an agreement reflecting such entitlement to reimbursement. (f'I r'l ::1'; Z <.';) ,... Any agreement for Professional Management for The Properties ~, or any other contract providing for services of the Developer may? not exceed three (3) years. Any such agreement must provide for ~ termination by either party without cause and without payment of . the termination fee on ninety (90) days or less written notice. ARTICLE XVI. AGREEMENT FOR PROFESSIONAL MANAGEMENT ARTICLE XVII. CITY OF WINTER SPRINGS, FLORIDA Notwithstanding any other provision contained herein, no amendments may be made to this document without the prior approval of the City of Winter Springs, Florida. The City of Winter Springs is a third party beneficiary with the right to legally enforce these documents. Nothing contained herein shall be construed to permit or authorize any violations or deviations from the City Code, City of Winter Springs, Florida. 30 C/DAH 6786000DEl 02/26/90.4 r-v -., ~ r.o Q 0..._ ;;l'l:.... .... ;;.:;~ c....n ~ r_n '. r." ;:1 ,.. f:', 4',. ;:r -01...: ><.'. C" (11 ~ - -. EXECUTED as of the date first above written. ..-....> By: _ ,l"{'.l./ Cher ie Ganes Pr,olject i, "I P Manage r ,'" ,.., ~.. ',: " i" , }'., ,,'" (., ..... . _. I t- ,;".... ,.' "E.J .... ' . ". (CORPoRAfre -.s.t,r;I) ~.. ....., ~ :. " . "C" .', ~, '.. .; ',~': ! , : " "V - : .-~, ,~', : J- : ~j At... J\. ::: : \ "1 :: --'~.. J (',j ....... c.. r: ;' .... ...1- ' ) i . 0:.'" .. / ~ ~., '\'.'\.."'_ ..<': "-, ' ,.... (,~ :,.... ~..,.... ~. --' ........* ., "',,/ .. .' ,,'. "'; ::J Ii (; \\ \\'\' ;'I/J/ '1.,1 The foregoing !nstrument was acknowledged before me,. '." "/l~I" this ,,5':~ day of A\)r2-1 L , 1990, by PHILIP A. BIRDSONG, as Senior Vice President of GULFSTREAM HOUSING CORP., a Delaware corporation, Managing General Partner of Wint~r Springs Development Joint Venture, a Plor l'.da 9 neral pa. rtne. r ship. ...--- ;t'.' ..... ~'1 ~:.-~/ . (., /~ )' /:..--0' . Lc )LC'"--,, G~). I'Nota y ,ublic ".,,,,,,,,,.,, State, i Fl6rid~ at Large .,..'....'d n :, " My coItuJ('issiort expires: ...... ,-~........<'I.... " ; J . ".. "" \ . ",.?; ...-.... ..,.....{ " l).(u'","" ',": ". '. ,.".l.,;,~ . \'1Qrl . L .:',',;,.' ". .',,,, ,;,,~";) ((") ... .~ L ~ ~~ ,..f ,. ., I 0 . -:.. 1ft '. I . , " .'~.. ..~~, . - , , ... ~ .' / ; , I Signed, Sealed and Delivered in the presence of: " ~c\lSt~~ ~h~ /L,./~ ~ .~' ?::- ,# STATE OF FLORIDA COUNTY OF Of.AUGr8 SS: C/DAH 6786000DEl 02/26/90.3 WINTER SPRINGS DEVELOPMENT JOINT VENTURE, a Florida general partnership en r1"l ....... :oc Z .p- O r- m n o to C) <::> ;;x!:i ., t ;~ , " ~ BY: .s:t'" m BY: HOME CAPITAL a California general Par I .t 31 .. ..; It . CONSENT AND JOINDER OF MORTGAGEE HOMEFED BANK, Federal Savings Bank, f/k/a Home Federal Savings and Loan Association, a federally chartered state savings and loan association, being the owner and holder of that certain Mortgage and Security Agreement and security interest created by a Uniform Commercial Code (UCC-l) - Filing Statement on the property referenced in the Declaration of Conditions, Covenants, Easements and Restrictions for Arbor Glen which Mortgage and Security Agreement was recorded on July 8, 1988 in Official ~ Records Book 1975, Page 0268, Public Records of Seminole County, ~ Florida, and which UCC-l Filing Statement was recorded on July 8,~ 1988 in Official Records Book 1975, Page 0328, Public Records of ~ Seminole County, Florida, does hereby join in and consent to the n foregoing Declaration of Conditions, Covenants, Easements and ? "Y'l Restrictions for Arbor Glen and agrees that the lien of said r Mortgage and Security Agreement and the UCC-l Filing Statement shall be subject to the provisions of said Declaration of Conditions, Covenants, Easements and Restrictions for Arbor Glen: provided, however, that nothing herein shall be deemed to constitute a waiver of any rights reserved or granted to the Mortgagee (or similarly situated parties) in said Declaration of Conditions, Covenants, Easements and Restrictions for Arbor Glen. f'..:J _. en o ~"" ..... ~.:: ,.,- ....... ~ <..rt ~ co ~t: ,.. '~'.. ~;: "I) <:... > ",", c;., "~ WITNESSES: HOMEFED BANK, Federal Savings Bank, f/k/a/ HOME FEDERAL SAVINGS AND LOAN ASSOCIATION, a federally chartered .~~ savings and loan association fi' By: tJ: t T 1 U m (j" Lel, ,1...}1. ('n its Pr@s-i-de-nt ~ (YI {d' m (lYl ti'1 C-V STATE OF COUNTY OF (CORPORATE SEAL) The foregoing ~nstfument was acknow} dged before. Jl1e _ this /3-'I1J day of IPlL<.Q . , 1990 by c,,1t/-( ft.) (1 'l!rn'-J , ..lv as -~~~t 0 HOMEFED BANK, rederal Savings Bank, f k a Hom~deral Savings and Loan Association, a federally chartered sta~e ~avings and loan association, on behalf of HOMEFED BANK. - PSi OY1fJ/ m&1a J~,--.,(J / ~ .' " () I:(i/L(.f. I' {\/lj /r /t</t Notary' P~blic Stat~ of Florida My Commission Expires: MARY K. QlJATTRO NOTARY PUBLIC' 33 MYCOMr'!11:Sl;j\~ [X:~1RES MAY V: :.~91 C/DAH 6786000DEl 02/26/90.3 e BROAD AND CASSEL ATTORNEYS AT LAW ... MUPRJ\Y O. Sf..4EAR, P.A. MIK'~ SF:GAL. P.A. .Jt:r....EY A. DrUTCH. P.A. PATRICIA LE"'OW. P.A. C. KF:N 8'SHOP. P.A. IRVING SJ.tIMO~F' ALEX C. KLI"'05. P.C.- POl;1E"'T O. GATTON. P.A. "'CHARD B. M"CF"ARLANO, P.A. DAV'O SHF.:.AR, I=".A. C. DAVID l3"'OWN. O. P.A. I, BURTON SPRAKEt:l, !:'.A. DAVID J. "'E"'('F:". P.A. ~. Vf'RNON FJf:NNETT MARWIN S. CA55EL. I=',A. JAMES S. CASS!':l. D.A. MAUREF:N H~ALF.:Y '<ENNON, ".A. ALICE BLACKWELl. WH'Tt:. P.A. ALLAN "'. SOLOMON. p.A. ~IC"'ARO E. RF:Cf(50N. P.A. CLlF"ro..O I. HrRTl. P.A. .ARVIN J, JI\F"rE:. I:.J,A. M. STEPHEN TU..NE" J:lALo.... C. DATI CLIO OaUGLA!; L. MANNHEIMER MARTIN R. I:tRF:5S. P.A. IRA ". GO"OON MONTE A. JACKEL IGAL KNOI'lLER. P.^. NO~MAN ~. WF.:'IOF.:R RIC"',ARD Fl. DOBKIN- MIC....AF:L A. ORIf3IN ANTHONY W. PAI.MA ANO"EW D. "AF"KIN CHARI.ES S. STRATTON JOEL HIRSCHHORN GARY S. OUNAY "ONALD J. KI.EIN PHIliP e. SC:HWA~TZ RANDOLPH H. F"tELOS. P.A. DAVID K. MILI.ER 5TEVEN E. ICISF:NFlERG qorH~PT T, RO~F:N GA"v B"OOKMYER THOMA.S K. TOPOR SANO"A P. STOCKWELL ANO..r:W COTllN LAURtf: L. "'EME" M. SU!;A.N SACCO RANDAL M. ALl.IGOOO ARTHUR AER(H,:q THOMAS F". DIORIO DAVID R. LENOX JONATHAN C. OSTE" e ~ STEVE:N F:LLISON AMY S. SCHLOSSr:.. JILL STE'N!lr"G SCHWARTZ B"'AN WILI,'AM SMITH MA"VIN ADAM BANKIER THF.:DA J. COLLINS JEF"r"EY r. OO"OON DIANE C. "'CE KAYLA J. BIS"'OP "ONAI.D M. GACHt DEF.lORAH H. JOHNSON "'CHARD N. MILIAN CHA"LES G. BARGER, JR. JOSE A. CASAl. ,...... J. COLEMAN MICHAF:L ". KERCHER HILDA M. SILVF.:R "'O::....Y J. WAlI'E". JR. J""ME:S J. WHEF.:LER HEATHER WITTERS WILLIAM L. EPSTEIN .JUDITH A. JA..VIS R"ENDA LEO:: LONDON STUART R. MORRIS JAV'['" ROD..tOIJEZ JE:rF""Ev "'''OWN CH"'STOPHER A. ANSELMO. MAITLAND CENTER, F'OURTH F'LOOR 10SI WINOERlEY PLACE MAITLAND. FLORIDA 327S1 14071 660-8994 F'AXI4071660-0947 0'" COUNsn S"'EPA~O BROAD ALVIN C,",SSEL LEWIS HORWITZ NORMAN I!IROAO KELLY OVERST~EET JOHNSON eNOT AOMIT'tEO IN "LO"'OA January 2, 1991 Mr. J. Glenn Marvin Vice President Gulfstream Housing Corp. 1301 Winter Springs Boulevard Winter Springs, Florida 32708 Re: Our File: Winter Springs Development Joint Venture/ Arbor Glen Homeowners' Association (6786-087) Dear Glenn: In regard to the referenced matter, enclosed please find the First Amendment to Declaration of Conditions, Covenants, Easements and Restrictions for Arbor Glen to be properly executed, witnessed and notarized, by Winter Springs Development Joint Venture, the City of Winter Springs and HomeFed Bank. As you know, this Amendment will amend the DeClaration incorporating therein the revised homeowners association's name and the Maximum Annual Assessment. Upon completion, please forward the original to our office in order that we may forward same to be recorded among the Public Records of Seminole County, Florida. I f you should have any guest ions regard ing the enclosed, please do not hesitate to contact our office. :dah Enclosures Very truly yours, , ;. fJVJ.to.. a. c:H~ Debra A. Hanley 0 Paralegal cc: Robert T. Rosen, Esquire, Broad and Cassel /C',Q~647c.i!9:o,.a1,MTt.T. LAUDERDALE - WEST PALM BEACH - BOCA RATON. TALLAHASSEE _ ATLANTA. n. r .' e , '4t. THIS INSTRUMENT WAS PREPAREO BY ROBERT T. ROSEN, ESQUIRE BROAD AND CASSEL 1051 WINDERLEY PLACE, FOURTH FLOOR MAITLAND, FLORIDA 32751 FIRST ~12=~!?~~!.!_ TO -_'.?}~C_~^~TIO~-2.l! CONDI.T~_9..!S., S..Q)fENANTS, EASEMENTS AND RESTRICTIONS FOR ARBOR GLEN THIS FIRST AMENDMENT TO DECLARATION OF CONDITIONS, COVENANTS, EASEMENTS AND RESTRICTIONS FOR ARBOR GLEN is made as of this day of January, 1991, by Winter Springs Development Joint~Venture, a Florida general partnership (the "Developer"). RECITALS 1. The Developer has heretofore made, executed and delivered that certain DeClaration of Conditions, Covenants, Easements and Restrictions for Arbor Glen, dated April 5, 1990, and recorded on April 25, 1990, in Official Records Book 2174, Page 1516, Public Records of Seminole County, Florida (hereinafter referred to as the "DeClaration"). 2. Article X, Section D provides that "this Declaration may be amended, changed or added to at any time and from time to time upon the execution and recordation of an instrument executed by the Developer alone, for so long as it holds title to any Lot affected by this DeClaration; ... ", and Developer desires to amend the Declaration as herein set forth. 3. The Declaration provides that "ASSOCiation" is defined as Arbor Glen Homeowners' Association, Inc., a Florida corpora- tion not-for-profit. Upon the attempted formation of such corporation, the Developer was advised by the Office of the Secretary of State, State of Florida that such name was not available and, therefore, incorporated the Association under the name of Arbor Glen at Tuscawilla Homeowners' Association, Inc., a Florida not-for-profit corporation. 4. Article VI, Section C provides for a maximum annual assessment until January 1 of the year immediately fOllOWing the conveyance of the first Lot to an Owner in the amount of $600.00 per lot. The Developer desires to reduce such initial maximum assessment to $525.00 per lot. 5. Article XVII provides that the Declaration may not be amended without the prior approval of the'City of Winter Springs, Florida. C/BJM 6786087DEl 12/18/90.2 1 e e NOW THEREFORE, in consideration of the premises and covenants hereinafter set forth and other good and valuable consideration in hand paid, the receipt and sufficiency of which is hereby acknowledged, the Developer hereby declares covenants and agrees as follows: (1) The foregoing Recitals are true and correct and are expressly incorporated herein by this reference. (2) Article I 2. of the Declaration is deleted in its entirety and the following inserted therein: 2. "Association" means and refers to ARBOR GLEN AT TUSCAWILLA HOMEOWNERS' ASSOCIATION, INC., a Florida corporation not-for-profit. (3) Article VI Section C. is amended to read as follows: Section C. Maximum Annual Assessment. Until January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment shall be Five Hundred Twenty-Five and NO/lOO Dollars ($525.00) per Lot. (4) Except as expressly amended hereby, the Declaration is hereby reaffirmed and remains in full force and effect. In the event of any conflict, the terms and provisions of this First Amendment shall control over the Declaration. IN WITNESS WHEREOF, the undersigned, being the Developer herein, does hereby make this First Amendment to Declaration of Conditions, Covenants, Easements and Restrictions for Arbor Glen and has caused this First Amendment to be executed in its name on the day and year first written above. EXECUTED as of the date first above written. Signed, Sealed and Delivered in the presence of: WINTER SPRINGS DEVELOPMENT JOINT VENTURE, a Florida general partnership BY: GULFSTREAM HOUSING CORP., a Delaware corporation, General Partner ~~~~/~.~/uJ \., " (.\2~ j A" 0/7 ~ -< By: .. .!f!-,rJ ~ . Glenn Marv.l , Vice President (CORPORATE SEAL) CIBJM 6786087DE1 12/18/90.2 2 , . " . e ..:....:........-,;-.:... BY: HOME CAPITAL a California General Par CORPORATION, corporation, er . I / Z l/if- L 1S E. Vogt, Vice President By: ~, /l /?1 By: . t..~~-? . '. Joy eCar(/f, .' .. . Assistant Secretary.. ... :.... ...".", . "- (CORPORATE SEAL r . ,,<'. The City of Winter Springs, Florida, pursuant to Article XVII of the Declaration of Conditions, Covenants, Easements and Restrictions for Arbor Glen, hereby acknowledges, agrees and consents to the foregoing First Amendment to the Declaration of Conditions, Covenants, Easements and Restrictions for Arbor Glen, to be recorded in the Public Records of Seminole County, Florida. Attest:),., ~ ~ Name: ~ . City Clerk THE CITY OF WINTER SPRINGS, FLORIDA, a Florida municipal corpo ',on -; By: a~ Name:-1.. Hi A. Kulbes Ma or , . 3 C/BJM 6786087DEl 12/18/90.2 e STATE OF FLORIDA COUNTY OF SEMINOLE ) ) SS: ) ,./ . .1" .. .. . e The foregoing instrument was acknowledged before me, th is 17th day of JanuQ..a..., 1991, by J. GLENN MARVIN as Vice President of GULFSTREAM HOUSING CORP., a Delaware corporation, which corporation is a General Partner of Winter Springs Development Joint Venture, a Florida general partnership. .-(j:ir~~dk &~ Not r Public . State of Florida at Large ._ My commission expires: - - , STATE OF FLORIDA COUNTY OF~~~ ) ) SS: ) . .' HOT~RY PlaIC STArt (J FlCJlIOA, ' MY COl"t1ISSI(Jl (xp. AUt. ,e.1002 '1fUD ntAU eEfUAllNS,lJC), T~/!oregoing }nstru.ment was acknowledged before me, this ~ day of ~~, 1991, by LOUIS E. VOGT as Vice President of HOME CAPIT~ CORPORATION, a California corporation, which corporation is a General Partner of Winter Springs Development Joint Venture, a Florida general partnership. . nstrument was acknowledged before me, , 1991, by JOY DeCaro as Assistant CAPIT- CORPORATION, a California corporation, is a cnera1 Partner of Winter Springs Venture, a Florida general partnership. ~ Not:ary Pub1' State of rida at Large~ My comm! ~ on expires: STATE OF FLORIDA , COUNTY OF~~ TI(,?;. foregoing this ~ day 0 Secretary of HOME which corporation Development Joint SS: C/BJM 6786087DE1 12/18/90.2 at Large commission expires: ORiOA .- ._ ~~Tt;~~~d;~:'~i ~~~r~;~I~~:R~j:!,,~J BoNDItD THRU HUrI.RT ...:.... 4 " e e STATE OF FLORIDA COUNTY OF.~~/~ ) ) SS: ) The~OregOing_}~. strument was acknowledged before me, this.!L.- day Of~WbAL!:i 1~91' b ;t2it#- d. /r!t~ , as Mayor and attested by /1~~L. ~~ , as City Clerk of THE CITY OF WINTER SPRINGS, ORIDA, a Florida municipal corporation. on behalf of said m:;z:~y~ ~ \::~_ Notary Publlc . . _. State of Flor ida at Large _ ~;.~'..,.. My commission expires: __ .' NOTARY ,uatlc, STAT! Of! nO'IOA AT \.AlGI MY COMMISSION leX, IllES AUGUST 27. 19'N . BONDIED THRU AGIENT'S NOTAl\' BIOI(ERAOI ! ,. 5 C/BJM ~3'~H'~B~~ . '. ., e' . . .' .'. ..... .., . '. . . ,.: .. ',"., . '.. " ~ CONSENT AND JOINDER OF MORTGAGEE HOMEFED BANK, Federal Savings Bank, f/k/a Home Federal Savings and Loan Association, a federally chartered state savings 'and loan association, being the owner and holder of that certain Mortgage and Security Agreement and security interest created by a Uniform Commercial Code (UCC-l) - Filing Statement on the property referenced in the Declaration of Conditions, Covenants, Easements and Restrictions for Arbor Glen which Mortgage and Security Agreement was recorded on July 8, 1988 in Official Records Book 1975, Page 0268, PUblic Records of Seminole County, Florida, and which UCC-l Filing Statement was recorded on July 8, 1988 in Official Records Book 1975, Page 0328, Public Records of Seminole County, Florida, does hereby join in and consent to the foregoing First Amendment and agrees that the lien of said Mortgage and Security Agreement and the UCC-l Filing Statement shall be subject to the provisions of said First Amendment; provided, however, that nothing herein shall be deemed to constitute a waiver of any rights reserved or granted to the Mortgagee (or similarly situated parties) in said First Amendment. WITNESSES: HOMEFED BANK, Federal Savings Bank, E/k/al HOME FEDERAL SAVINGS AND LOAN ASSOCIATION, a federally chartered state savings and loan association By: its President , (CORPORATE SEAL) '., C/BJM 6786087DE1 12/18/90.2 6