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Home My WebLink AboutArrowhead at Tuscawilla Unit 2 ./ -.... ;"'.i/, /' / ../ -/. Y'-~.//'.' '-,' ._.~/ I., '_.,/..;_____ ~ . ~'__t /1 ~ /' ~\; MARYANNE HORSE ~. CLERK OF CIRCUIT cc:r:,j SEMINOLE COUNTY. FL REeOROL:': -~_ VERIF1E~ THIS DECLARATION is executed as of December 13,1994 by TUSCAWILLA LAND COMPANY, a Florida corporation (referred to as "Developer"), which is the fee owner of a portion of and the developer of the entire Subject Property, hereinafter defined, and is joined in by FLORIDA COUNTRY CLUBS, INC., a Florida corporation (referred to as "Club Owner" and collectively with the Developer referred to as the "Declarants"), which is the fee owner of the remainder of the Subject Property. ....c:f)0QI OJ0L..J4 f" o"'r 1 ~ :>1 ':"0 'J .~."~ f!'1. f .~ }>~ ~ i -;:,J. '-, ...~ WHEREAS, Declarants are collectively the record owners of fee simple title to certain real property (referred to as the "Subject Property" which is all lands included within the plat of "Arrowhead at Tuscawilla-Unit 2", to be recorded in the Official Records of Seminole County, Florida), legally described as follows: tfJ o J\ r; .J r^ -Z yg~li ~ V' r^ ""' .) <( J\ ~~~~ ,,,23,- ~ ~ ~ rn ili g !~ .s- p ]~S23- I.,...} u ~ , ~ c' .l) J<.};( '" ~ r;. 2 ib CC DECLARATION OF COVENANTS, CONDITIONS RESTRICTIONS, EASEMENTS AND RESERVATIONS FOR ARROWHEAD AT TUSCAWILLA-UNIT 2 WITNESSETH: Commence at the Northeast corner of WINTER SPRINGS UNIT 3, as recorded in Plat Book 17, pages 89 and 90, Public Records of Seminole County, Florida; run thence N 0015'09" W along a projection ofthe East line of said WINTER SPRINGS UNIT 3, a distance of658.13 feetto a point on the Easterly Right-of-Way line of a 110' Florida Power & Light Easement, as recorded in Official Records Book 183, Page 130, Public Records of Seminole County, Florida; run thence N 3145'52" W along said Easterly Right-of-Way line 3274.35 feet; run thence N 5405'37" W along the aforesai4..n Easterly Right-of-Way line of Florida Power & Light Easement 480.37 feet to the POINT OF1~~ BEGINNING; thence run S 6637'28" W for a distance of 32.64 feet to a point on a non-tangent curve::::: concave Southerly having a radius of 152.22 feet and a chord bearing of S 7356'49" E, said poin~ being on the Northerly Right-of-Way line of Augusta National Boulevard (50' Right-of-Way); thence~ run the following five courses and distances along said Right-of-Way line: Westerly along the arc ofn said curve through a central angle of 3819'59" for a distance of 101.84 feet to the point of tangency;~ thence run S 8653'12" Wfor a distance of40.95 feet to the point ofture of a curve concave Northerly'" having a radius of 173.97 feet; thence run Westerly along the arc of said curve through a centratr- angle of 3230'11" for a distance of 98.69 feet to the point of tangency; thence run N 6036'38" W for a distance of 15.31 feet to the point of curvature of a curve concave Easterly having a radius of 25.00 feet; thence run Northerly along the arc of said curve through a central angle of 9201 '27" for a distance of 40.15 feet to a point on a non-tangent curve concave Northwesterly having a radius of 1205.92 feet and a chord bearing of N 2919'23" E said point being on the Southeasterly Right-of-Way line of Winter Springs Boulevard (120' Right-of-Way) as recorded in Official Records Book 1057, Page 1642 of the Public Records of Seminole County, Florida; thence run the following four courses and distances along said Right-of-Way line: Northeasterly along the arc of said curve through a central angle of 0359'57" for a distance of 84.17 feet to a point of non-tangency; thence run N 2728'26" E for a distance of 261.56 feet to the point of curvature of a curve concave Southeasterly having a radius of 1095.18 feet; thence run Northeasterly along the arc of said curve through a central angle of 6232'58" for a distance of 1195.60 feet to a point of tangency; thence run S 8958'36" E for a distance of 189.70 feet; thence leaving said Right-of-Way line run S 0003'17" W for a distance of 335.25 feet; thence run S 4231 '59" W for a distance of 234.26 feet; thence run S 5210'34" W for a distance of 307.52 feet; thence run S 6637'28" W for a distance of 695.01 feet to the POINT OF BEGINNING. 9FifT J /Ie le-! - S>6V ?"f<; c;: /3 t?~ I~~( ?6' . 1<8; 1 ~ ~ ,-" ) -() J' <..:::) '.::J c::r- ' .~ ':J ""Tl (',,) ""Tl - . ('"') l> r- ::u fT1 n -no :::>, :::0 C)o rTlUl. o 1'.) U1 C0 f. e . .. .' 11 WHEREAS. Declarants intend thatthe Subject Property be subdivided. developed, improved, occupied, used and enjoyed as an exclusive, unique and attractive single family residential community of the highest quality known as "Arrowhead at Tuscawilla-Unit 2". containing twenty-eight (28) Lots, which shall be subject to these covenants, conditions, restrictions, easements and reservations, and pursuantto a uniform plan of development with consistently high architectural. ecological, environmental and aesthetic standards so as to create a unique, pleasant, attractive and harmonious physical environment which will contribute to and enhance the quality of life for all residents of and visitors to Arrowhead at Tuscawilla-Unit 2 and to provide for the preservation and enhancement of the quality and character of the Tuscawilla Country Club which abuts the Subject Property. WHEREAS. Developer also has developed or contemplates development of additional neighborhoods with comparable quality lots. which also are or will be known as "Arrowhead at Tuscawilla", but designated as Units 1, 3, 4 or 5. Such other neighborhoods share a common name and quality standards with Arrowhead. but have completely separate associations, with assessment authority with separate common properties. It is intended that the neighborhoods with the common name of "Arrowhead at Tuscawilla" and their associations will work together to enhance their overall community. NOW THEREFORE, for and in consideration of the premises hereof, Declarants do hereby declare that the Subject Property shall be and is hereby encumbered by and made subjectto those covenants, conditions, restrictions("-v easements and reservations hereinafter set forth. (f) co rrJ m 3: 0 ARTICLE 1 DEFINITIONS ':00 '.::> ." ~:) ." ::"-~n -.... ...... C> r rT1 Forthe purposes of this Declaration, the following terms shall have the following definitions and mear@gso .~ N 1.1 "ARB" shall mean the Architectural Review Board created and established by and pursuant rp-t:hi~ Declaration which is responsible forthe review and approval of all plans, specifications and other materials describinQ..D or depicting improvements proposed to be constructed on the Subject Property. > r ::u rT1 ' ("") -DO. >::0 GJO P1U) 1.2 "Arrowhead" and "Arrowhead at Tuscawilla" shall mean Arrowhead at Tuscawilla-Unit 2, the single family residential community planned for and developed on the Subject Property as reflected on the plat recorded or to be recorded in the Official Records of the County. 1.3 "Assessment" shall mean any assessment of an Owner and a Lot by the Association for Common Expenses and other items pursuant to. in accordance with and for the purposes specified in this Declaration. 1.4 "Association" shall mean "Arrowhead at Tuscawilla-Unit 2 Property Owners Association, Inc.... a corporation not-for-profit organized and existing under the laws of the State of Florida. 1.5 "Board" shall mean the Board of Directors of the Association. 1.6 "City" shall mean the City of Winter Springs. a political subdivision of the State of Florida, specifically including its departments and agencies. 1.7 "Club" shall mean Tuscawilla Country Club, and such properties, improvements and related amenities as may now or hereinafter be constructed, acquired or made part of the Club. 1.8 "Club Owner" shall mean Florida Country Clubs, Inc., a Florida corporation. its successors and assigns, and such other entities or persons that may now or hereinafter own or acquire the Club. 2 4. e e ,. .. 1.9 "Common Expenses" shall mean those costs and expenses of the Association more particularly identified and described in this Declaration. 1.10 "Common Property" shall mean all real and personal property from time to time owned by the Association for the common use, enjoyment and benefit of all Owners; including but not limited to the Common Streets; Entrance Gate; the Community Wall; the Surface Water Management System; all landscaping and improvements lying within the public ways; entry features or signs to identify Arrowhead; any special design feature lying within public ways; fences and walls on Common Property or easements; the benefit of any easements shown on the Plat or created by this Declaration; all easements granted to the Association: all such similar items, areas, easements or properties which may be added by supplemental declarations; together with all future additions thereto, and together with the landscaping and any improvements thereon, as well as such other property, both real and personal, acquired by the Association by purchase, gift, lease or otherwise. 1.11 "Common Streets" shall mean the rights-of-way of all streets, roads, drives, courts, ways and cui de sacs within Arrowhead as depicted on the Plat and all paving, curbs and other improvements located therein, including but not limited to street lighting and utility lines, as conveyed to the Association by the Developer ~s.). Common Property, but specifically not including utility lines owned by private or public utility companies Of~ governmental agencies. Common Streets is not intended to include any public streets. g; Ol 3: _ 0 1.12 "Community Wall" shall mean any wall or similar structure from time to time situated ~ the landscape and wall easements shown on the Plat, together with any footings, related equipment, lands'iWing, irrigation systems and other appurtenances. ("") C) 0 1.13 "County" shall mean Seminole County, a political subdivision of the State of Florida, anch ifuV departments and agencies. r 0"' o 1.14 "Declaration" shall mean this Declaration of Covenants, Conditions, Restrictions, E;asements and Reservations for Arrowhead at Tuscawilla-Unit 2 and all amendments thereto and modifications thereof as are from time to time recorded among the Official Records of the County. co C) C) .." CJ .." :;:'';:n ~ r- :;0 fT1 ("") vO :;>:;0 C1C) P. (j) 1.15 "DesiQn Standards" shall mean those architectural and landscape design standards, specifications and other criteria adopted, promulgated and published by the ARB to be used as the standard for determining compliance with this Declaration and the acceptability of those components of buildings, structures, landscaping and all other improvements, constructed, erected, placed or installed upon the Subject Property as more particularly provided in this Declaration. 1.16 "Developer" shall mean Tuscawilla land Company, a Florida corporation, together with its successors, legal representatives, grantees and assigns, including the purchaser of its interest at a foreclosure sale. A builder, contractor, or other person which purchases one or more Lots forthe purpose of constructing a single family home for sale to a home purchaser shall not be deemed to be a Developer. 1.17 "Governmental ReQulations" shall mean all applicable laws, statutes, codes, ordinances, rules, regulations, limitations, restrictions, orders, judgments or other requirements of any governmental authority having juriSdiction over the Subject Property or any Improvements constructed or located thereon. 1.18 "Improvements" shall mean any buildings, outbuildings, structures, driveways, walkways, swimming pools, patios, decks, fences, walls, landscaping, and any and all other appurtenances, facilities and improvements of any kind, nature or description constructed, erected, placed, installed or located on the Subject Property and any replacements thereof and all additions or alterations thereto. 3 e e . 1.19 "Institutional lender" shall mean (a) any state or Federal savings bank, commercial bankorsavings and loan association, any real estate investmenttrust, any insurance company, any mortgage banking company, any mortgage company. any pension and/or profit sharing plan or any other lending or investing institution generally and customarily recognized as being engaged, in the ordinary course of its business, in making, holding, insuring or guaranteeing first lien priority real estate mortgage loans, and (b) the Developer, to the extent that Developer shall hold a mortgage upon any portion of the Subject Property, and all successors, assigns, assignees and transferees of Developer who shall own or hold any mortgage upon the Subject Property or any portion thereof which was originally executed and delivered to and owned and held by Developer. 1.20 "lot" shall mean a separate single family residential building site within the Subject Property as the same is subdivided and described pursuant to and in accordance with the Plat and shall include any Improvements from time to time constructed, erected, placed, installed or located thereon. 1.21 "Maintenance" shall include, but shall not be limited to, care, cleaning, painting, structural upkeep, restoration and replacement in connection with all Common Property, sidewalks, right-of-way and similar facilities. 1.22 "Owner" shall mean one or more persons or entities who or which are alone or collectively t~ records owner of fee simple title to any Lot, including the Developer, but excluding those having an interest~ft any.... such Lot, merely as security for the payment of a debt or the performance of an obligation. ~ ~ - ~ 1.23 "Plat" shall mean the Plat of Arrowhead at Tuscawilla-Unit 2, as recorded or to be recorde&it the Official Records of the County, together with easement plats for off-site storm water detention. rTl g 0 1.24 "Pond" shall mean the pond benefitting Arrowhead with storm water retention located on the.-<(lub0 property. The cost of maintaining the Pond shall be borne by the Association. r 0' mo' C)"Tl o"Tl ~- (J )> r :::0 fT'1 (J -uO >::0 GJO p,W 1.25 "Surface Water Manaqement Svstem" shall mean all land, easements and other facilities which together comprise the master surface water and drainage system for Arrowhead as reflected on the plans for such system on file with the City and approved by the City and the St. John's River Water Management District. It is a system which is designed and constructed or implemented to control discharges which are necessitated by rainfall events, incorporating methods to collect, convey, stor, absorb, inhibit, treat, use or reuse water to prevent or reduce flooding, overdrainage, environmental degradation, and water pollution or otherwise affect the quantity and quality of discharges. 1.26 "Turnover" shall mean the transfer of operation of the Association by the Developer as provided in this Declaration. ARTICLE 2 PURPOSES 2.1 The covenants, conditions, restrictions, easements and reservations set forth in the Declaration are hereby imposed for the following purposes: 2.1.1 To establish Arrowhead as a premier single family residential community and enhance the Club; 2.1.2 To create, develop, foster, maintain, preserve and protect within Arrowhead a unique, pleasant, attractive and harmonious physical environment which will contribute to and enhance the quality of life for all residents of and visitors to Arrowhead and enhance the Club property; 4 It e .. 2.1.3 To maintain those portions of the Subject Property which are wooded predominantly in its wooded condition, and to add to and maintain the trees on each Lot required by this Declaration; 2.1.4 To ensure that the development of Arrowhead will proceed pursuant to a uniform plan of development with consistently high architectural, environmental, ecological and aesthetic standards; 2.1.5 To ensure the proper and appropriate subdivision, development, improvement, occupation, use and enjoyment of each Lot within Arrowhead; 2.1.6 To protect each Lot (and the Club property) against the improper, undesirable, unattractive, or inappropriate subdivision, development, improvement, occupation, use and enjoyment of contiguous, adjacent or neighboring Lots; 2.1.7 To encourage the development, construction, maintenance and preservation of architecturally and aesthetically attractive and harmonious Improvements on each Lot; !--V 2.1.8 To guard against the development and construction of improper, undesirable, unatlr.activf and inappropriate Improvements; ~ ~ :z: 2.1.9 To provide for the future ownership, management, administration, improvement~are, maintenance, use, regulation, preservation and protection of all Common Property and to provide f6jl. and assure the availability of the funds required therefor; g 0 . N 2.1.10 To provide for the establishment, maintenance, preservation, protection and enh~ra:!.n of consistently high property values within Arrowhead; . N r:oO o-n ,;::) -n -"-on :P- I ;0 rr1 n -vC) )> ::;0 C)CJ r"Ul 2.1.11 To accomplish, meet, satisfy and fulfill certain Governmental Regulations and other governmental requirements; and 2.1.12 To provide Developer with effective control over the development, management, administration, care, maintenance, use, appearance, marketing and sale of and the construction of Improvements for so long as Developer shall own substantial portions ofthe Subject Property and to provide the Club Owner with certain control over the Subject Property to the extent that it will affect the Club property. ARTICLE 3 EFFECT OF DECLARATION 3.1 Covenants Runninq with Land. This Declaration and each and every one of the covenants, conditions, easements, restrictions and reservations contained herein are hereby declared to be and shall hereafter continue as, covenants running with the title to the Subject Property. 3.2 Property Affected. This Declaration and the covenants, conditions, restrictions, easements and reservations set forth herein shall be binding upon, inure to the benefit of and constitute a burden upon all of the Subject Property in accordance with the terms set forth herein. All Lots, pieces, parcels and tracts of land within the Subject Property shall hereafter be owned, held, transferred, sold, conveyed, demised, devised, assigned, leased, mortgaged, occupied, used and enjoyed subject to and benefitted and burdened by the terms and provisions of this Declaration. 3.3 Parties Affected. Except as hereinafter specifically provided, this Declaration shall be binding upon and inure to the benefit of all Owners, including the Developer and the Association, and all other persons having or 5 e e l' claiming any right, title or interest in such property. Accordingly, each and every person or party who or which shall hereafter acquire, have or claim any right, title or interest in or to any Lot, parcel or tract of land within the Subject Property, whether by, through or under the Developer or any subsequent Owner, shall, by virtue of the acceptance of any such right, title, interest or claim, whether by deed or other instrument, or by operation of law or otherwise, and whether voluntarily or involuntarily, be deemed to have acquired and accepted such right, title, interest or claim subject to and benefitted and burdened by the covenants, conditions, restrictions, easements and reservations set forth in and specifically joined in and agreed and consented to each and every one of the terms and provisions of this Declaration and the same as if each and every one of the covenants, conditions, easements, restrictions and reservations set forth in this Declaration had been fully set forth in the deed or any other instrument of conveyance pursuant to which such right, title, interest or claim was acquired. The Club Owner shall have the right to enforce any and all of the covenants, conditions and restrictions set forth in this Declaration, to the extent they may impact the Club. 3.4 No RiQhts to Club Facilities. The Club Owner shall have the right, but not the obligation, to provide facilities and other amenities within the Club. The Club shall be maintained and provided at the discretion of the Club Owner. Rights to use the Club will be on such terms and conditions as may be promulgated from time to time by the Club Owner. The Club Owner shall have the right, from time to time in its sole and absolute discretion and without notice, to amend or waive the terms and conditions of use of the Club, specifically including, without limitation, the terms of and eligibility for use, privileges available to use such facilities, the categories of use and the number of users> permitted to use the Club or to terminate any and all use rights. Ownership of a Lot does not confer any ow~rshrp? ownership rights or use rights in the Club. A user of the Club shall only acquire a revocable license to use;sueh' facilities subject to the conditions established from time to time by the Club Owner. The Club Owner reserves fiiitse-IP the absolute right to discontinue the operation ofthe Club facilities or to sell or otherwise dispose of such faci~s in any manner whatsoever and to any person or entity whomsoever without approval by the Owners, or any other person or entity. g C) .., rv r- O't ARTICLE 4 ~ W PROPERTY SUBJECT TO DECLARATION coo r:::)>1 CJ>1 /'n J> r- ;::0 r'l n -00 :r"':::o C)CJ P1CJ) 4.1 Subiect Property. The property which shall be subject to, and encumbered, governed, benefitted and burdened by this Declaration shall be all of the Subject Property. 4.2 Addition of Property. The Developer hereby reserves to itself and shall hereafter have the right, but not the obligation, at any time and from time to time, in its sole and absolute discretion, and without notice to or the approval of any party or person whomsoever or whatsoever, to impose this Declaration or a substantially similar declaration upon additional property, whether or not adjacent or contiguous, notwithstanding any right of way, to the Subject Property, which is now or may hereafter be owned by either Declarant, by the filing of an appropriate instrument to that effect among the Official Records of the County. 4.3 Withdrawal of Property. The Developer hereby reserves unto itself and shall hereafter have the right, at any time and from time to time, in its sole and absolute discretion, and without notice to or the approval of any other person or party whomsoever or whatsoever, to withdraw any property, including portions of the Subject Property, from the purview, operation and effect of this Declaration, including any property previously subjected to and encumbered by this Declaration, which shall be owned by the Developer at the time of such withdrawal, by the filing of an appropriate instrument to that effect among the Official Records of the County. 4.4 MerQer. In the event of a merger or consolidation of the Association, with any other property owners association or corporation (or similar organization) existing for a similar purpose as provided in its bylaws, its properties, rights and obligations may be transferred to another surviving or consolidated property owners association or corporation. Alternatively, the properties, rights and obligations of another property owners association or 6 e e /' corporation may, by operation of law, be added to the properties, rights and obligations of the Association, as a surviving corporation pursuantto a merger. The surviving or consolidated property owners association or corporation may administer the covenants, con-conditions, restrictions, easements, reservations, Assessments, terms and provisions established by this Declaration, together with the covenants and restrictions established upon any other properties as one scheme. No such merger or consolidation, however, shall effect any revocation, change or addition to the covenants, conditions, restrictions, easements, reservations, Assessments, terms and provisions established by this Declaration with respect to any real property subject to this Declaration at the time of such merger or consolidation, except upon express amendment to this Declaration. ARTICLE 5 USE CLASSIFICATIONS - PERMITTED USES 5.1 Classifications of Subiect Property. All of the Subject Property shall be classified by category of use as either Lots or Common Property. 5.2 Lots. Except as provided in this Declaration, the Subject Property (with the exception of the Common Property) shall be improved as and used, occupied and enjoyed solely and exclusively for single family residenti~G dwelling purposes and no other uses or purposes whatsoever. ',:;:) (f) Pl 0'\ 5.3 Common Property. Common Property shall be improved, maintained, used and enjoyed tot thb common health, safety, welfare, benefit and convenience of all Owners and residents of Arrowhead and their ~sts and invitees, subject to the easements created herein. ~ rn g 0 -rtN r 0' The use, occupation and enjoyment of the Lots and Common Property shall be subject to and govern~d b~ the following covenants, conditions and restrictions: coO o-rt Cl -rt ::'::;:n ARTICLE 6 USE RESTRICTIONS ~ r :::0 rn o -00 >:;0 C) 0, P. Cfl 6.1 SinQle Familv Onlv. Except as specifically provided in this Declaration, no use shall be made of Lots or Common Property other than for single family residential dwelling purposes. 6.2 Ownership and LeasinQ. Ownership of Lots shall be for single family residential dwelling purposes only. Accordingly, no Lot (or the Improvements thereon) may be rented or leased for any single period of less than six (6) months. No "Time-Share Plan", as that term is defined in Section 721.05 Florida Statues, or any similar plan of fragmented or interval ownership of shall be permitted. 6.3 Subdivision. No Lot shall be subdivided nor shall any portion of a Lot less than the whole thereof be sold, conveyed or transferred without the prior written approval and consent of the Developer and the Association. Nothing herein contained, however, shall prevent the subdivision of a Lot by the Developer in such manner that any portion of a Lot may be sold, transferred and conveyed by the Developer, together with the whole of an adjacent or contiguous Lot such that the whole of one Lot and a portion of another Lot which are owned in common by the same Owner may be combined, developed and improved by such Owner as a single unified home site. Once so combined, developed and improved as a single unified residential home site no such combination of a Lot and a portion of another Lot or combination of two (2) or more Lots shall thereafter be resubdivided into more than one (1) single family residential home site, without the consent of the Developer and Association. The remaining portion of any Lot so divided shall either be added to the Lot contiguous to the other side of the divided Lot, or may be treated as a separate Lot, but only if of sufficient size to be comparable to the other Lots, in the sole discretion of the Developer. 6.4 Commercial Activity. Except as specifically provided in this Declaration, no business, commercial, industrial, trade, professional or other non-residential activity or use of any nature, type, kind or description shall be 7 e e .. conducted upon or from any Lot or within any Improvements located or constructed thereon. The Developer and its assignees shall be permitted to maintain model homes; provided, that, no signs, flags, banners and like shall be permitted unless approved by the ARB, and if so approved, shall be removed promptly at the request ofthe ARB; the interior and exterior of all model homes shall be kept clean and free of debris and all landscaping and other site improvements shall be well maintained at all times; and no builder shall use his model home for any aspect of his business other than the selling and marketing of products in Arrowhead. Developer is specifically permitted to maintain a real estate sales office for other real estate ventures and a general administrative office in a model home on any of the Lots. 6.5 Offensive Activitv. No illegal, noxious, unpleasant, unsightly or offensive activity shall be carried on or conducted, upon or from any Lot nor shall anything be done thereon which may be ortend to become or cause an unreasonable annoyance or nuisance, or which may be or tend to become an interference with the comfortable and quiet use, occupation or enjoyment of any other Lot or the Club. 6.6 Animals and Pets. No animals of any kind shall be kept, bred or raised upon any Lot, except for dogs, cats, birds or other usual and customary household pets which may be kept, raised and maintained upon any Lot; 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. Nor shall they constitute an unreasonable,..) annoyance, hazard, or nuisance in the vicinity or an unreasonable interference with the comfortable and quie~ ~ser:0 occupation and enjoyment of other Lots or the Club. The following shall prima facia be considered unreasonal?fa.: (i}7) numbers in excess of two (2) household pets (other than aquarium-kept fish); (ii) any poisonous creature; or Oi~nb reptile in excess of three (3) feet in length. ~ r fT1 '::00 c::> .,., C) .,., ::,,{=) 6.7 Commercial. Recreational and Other Vehicles. :> r :u fT1 n -no J>:u C)CJ iTl (f) n C) C) 6.7.1 No truck, bus, trailer or other "commercial vehicle" (as that term is hereinafter definedtrl;lncf'J no mobile home, motor home, house trailer, camper, van, boat, boat trailer, horse trailer or other recreatiOnaP" vehicle or the like shall be permitted to be parked or stored on a Lot or Common Property unless the sameU1 shall be parked or stored entirely within and fully enclosed by a garage; nor shall any such commercial or recreational vehicle or the like be permitted to be parked or stored on any street in front of or adjacent to a Lot. Notwithstanding the foregoing, however, commercial vehicles shall be permitted to be parked on, in front of, or adjacent to a Lot on which bona fide ongoing construction activity is taking place; nor shall the foregoing provisions of this Section apply to parking on "a temporary or short-term basis" (as that term is hereinafter defined). 6.7.2 Vehicles shall be parked in garages whenever possible with the door closed. Garages spaces for vehicles shall not become permanent storage space for any other items. No passenger automobile, commercial, recreational or other motorized vehicle, orthe like, shall be dismantled, abandoned, serviced, rebuilt, repaired, repainted, or parked or stored without a license plate on a Lot or Common Property unless fully enclosed in a garage. Notwithstanding the foregoing provisions of this Section, however, the foregoing restriction shall not be deemed to prevent or prohibit those activities normally associated with the day-to-day maintenance, washing, waxing and polishing of such vehicles. 6.7.3 No motorcycle, motor scooter, moped, all terrain vehicle or other motorized vehicle, including but not limited to golf carts or the like, shall be permitted to be parked or stored on a Lot or the Common Property unless parked or stored entirely within and fully enclosed by a garage. 6.7.4 Parking on "a temporary or short-term basis" shall mean and be defined as parking, on a non- recurring basis and for a single period not exceeding twenty-four (24) hours in duration, of vehicles belonging to guests of Owners, vehicles used in connection with the furnishing of services and/or the routine pick-up and delivery respectively. of materials from and to a Lot Oncluding those vehicles used in connection with and 8 e e , bona fide current on-going construction of Improvements on a Lot), and vehicles belonging to or being used by Owners for loading and unloading purposes only O.e., such as overnight packing or unpacking of a motorhome in connection with a vacation trip). 6.7.5 The term "commercial vehicle" shall mean and be defined as a truck, motor home, bus or van of greater than three-quarter (3/4) ton capacity and any vehicle with a sign displayed on any part thereof advertising any kind of business of on or within which any commercial materials and/or tools are visible. 6.7.6 The Association shall, subject to approval by the City, be entitled and is hereby empowered to adopt, additional reasonable rules and regulations governing the admission to and parking, use and storage of commercial and recreational vehicles within Arrowhead, and ifso adopted the same shall be binding upon the Subject Property and all Owners and their guests and invitees. 6.7.7 Any vehicle parked or stored in violation of these restrictions or in violation of any rules and regulations adopted by the Association concerning the same may be towed away or otherwise removed by or at the request of the Association and at the sole expense of the owner of such commercial, recreational or other vehicle in violation of this Declaration. I n the event of such towing or other removal, the Association and its employees or agents shall not be liable or responsible to the owner of such vehicle for trespass, conversion, or damage incurred as an incident to or for the cost of such removal or otherwise; nor shall the-".) Association, its employees or agents by guilty of any criminal act or have any civil liability by reason of ~l;Ich::O towing or removal, and neither its towing or removal nor the failure of the owner of the towed or rem6)lecfJ' vehicle to receive any notice of the violation of the provisions of this Section shall be grounds for relief oF.3nyC) ki~. 5 r rrl 6.8 Maintenance. Each Lot and all Improvements, including landscaping, located thereon shall at>allC) times be kept and maintained in a safe, clean, wholesome and attractive condition, and shall not be allow~tor-0 deteriorate, fall into disrepair or become unsafe or unsightly. In particular, no weeds, underbrush or other unsi9Rtly 0"\ growth and no trash, rubbish, refuse, debris or unsightly objects of any kind shall be permitted or allowe(j to 0'\ accumulate on a Lot or Common Property. coO 0'1 i:::J '1 :An J> r ::0 rr1 ("') -00 J>::o C)O 01 U") 6.9 Reconstruction of Damaaed Improvements. I n the event that Improvements on a Lot or Common Property shall be damaged or destroyed by casualty, hazard or other cause, including fire or windstorm, then, within a reasonable period, not exceeding six (6) months following the occurrence of the offending incident, the Owner of the affected Lot shall cause the damaged or destroyed Improvements to be repaired, rebuilt or reconstructed or to be removed and cleared from such Lot and Common Property. 6.10 Garbaae and Garbaae Containers. All garbage and trash containers and their storage areas and the like shall be kept within a garage or placed inside of an enclosure approved by the ARB or behind opaque walls attached to and made a part of the single family residential dwelling constructed on each Lot and otherwise in conformity with applicable rules and regulations. In no event shall any of the same be visible from any adjacent or neighboring property including the Club property. Further, all garbage and trash containers and their storage areas shall be designed and maintained so as to prevent animals from gaining access thereto. All such containers shall be put out for pickup and trash removal, and shall be removed from the street and placed back in their storage areas the night of such pickup or removal. 6.11 Burnina. No burning of leaves, trash, rubbish, garbage or other waste materials of any type shall be permitted or conducted on a Lot or Common Property. Nothing herein contained, however, shall be deemed to prohibit the burning of wood, logs or charcoal in properly constructed or installed fireplaces, barbecue cookers orthe like, whether inside or outside of any building or other structure located on a Lot or Common Property. 9 . . e e .. 6.12 StoraQe Tanks. No storage tanks or structures, shall be permitted outside of a building on a Lot or Common Property unless the same shall be placed inside of walls, fences or similar type enclosures in conformity with applicable rules and regulations. I n no event shall any of the same be visible from any adjacent property, or the Club property. 6.13 Mineral Exploitation. No exploration, mining, quarrying, or drilling for or exploitation of gas, oil, phosphate or other minerals of any type or kind shall be permitted or conducted on a Lot or Common Property. 6.14 Laundrv and Clothes DrvinQ. No laundry or clothes drying lines or areas shall be permitted outside of any building on a Lot or Common Property unless the same shall be placed inside of walls, fences, landscaping screens or similar type enclosures in conformity with applicable rules and regulations adopted and promulgated by the Association with respect thereto. In no event shall any of the same be permitted if visible from any adjacent property or the Club property. 6.15 Radio Transmission Equipment. No radio, microwave or other electronic transmission equipment shall be operated on a Lot or Common Property without the prior written consent of the Association and the Club Owner. Such consent, once given, may be revoked in the event that the operation of any such equipment interferes with ordinary radio and television reception or equipment, within Arrowhead or the Club property. No exterior radio. " '\ or television mast, tower, pole, wire, aerial, satellite receiving station or dish, antenna or appurtenances thereto, n6(; any. other exterior electronic equipment, structures or of any kind shall be installed or maintained on the e*1~rio!n portion of any Lot or the Common Property. 3: C) z 6.16 SiQns. Nosign of any kind shall be displayed to publicviewon a Lot orthe Common Propertyvif,out the prior written consent of the ARB; except as follows: (a) one (1) discreet professionally prepared sign not exc~ing four (4) inches high and eighteen (18) inches long identifying the name of the Owner of a particular Lot; (b) o~ (1 b discreet, professionally prepared sign of not more than four (4) square feet placed on the street side of ~lLot'-.) identifying the architect and general contractor responsible, respectively, forthe design and construction of a d'^!91linfP"'\ under construction on a particular Lot (provided, however, that such sign is first approved in writing by the ARB); and--l (c) one (1) discreet, professionally prepared "for sale" sign of not more than three (3) square feet placed on the street side of a Lot (provided, however, that such sign is first approved in writing by the ARB). Notwithstanding the foregoing the Developer specifically reserves the right, for itself and its agents, employees, nominees and assigns the right, privilege and easement to construct, place and maintain upon any Lot or the Common Property signs as it deems appropriate in connection with the development, improvement, construction, marketing and sale of any Lot. No signs of any kind shall be visible from the Club property. All signs shall comply with the City's codes and requirements, including but not limited to obtaining applicable permits. r)jC) 0", 0", -.'() 1> r- ::0 rr1 () -:JO >::0 G")CJ Pl (J) 6.17 Trees. No trees shall be removed from any Lot or the Common Property without the prior written consent ofthe ARB; provided, however that such removal shall be in compliance with Governmental Regulations, and the Club Owner is afforded the opportunity to remove such tree and relocate it to the Club property. Such approval shall be reasonably given if such removal is necessary in connection with the location of the main residential dwelling on a particular Lot where the preservation of any tree would work a hardship or require extraordinary design measures in connection with the location of such dwelling on the Lot and the plans and specifications for and location of one dwelling on the Lot have been approved by the ARB. No tree within thirty (30) feet of the Club property may be removed without the consent of the Club Owner. As used herein, the term "tree" shall mean and be defined as any tree equal to or greater than six (6) feet in height or two (2) inches in diameter measured one foot above ground. Any tree(s) removed in violation ofthis provision shall be immediately replaced with a tree of similar size, quality and type. I n the event that any tree not permitted to be removed hereunder or which is installed pursuant to this Declaration dies or is severely damaged, the Owner of the Lot shall remove and replace the tree (with a tree of comparable size, quality and species) within thirty (30) days following the death or damage. 10 1- e e 6.18 Draina~e. All storm water from any Lot shall drain into or onto contiguous or adjacent street rights-of- way, drainage, easements, or retention areas. Storm water from any Lot shall not be permitted or allowed to drain or flow unnaturally onto, over, under, across or under any contiguous or adjacent Lot unless a drainage easement shall exist therefor. No Owner shall be permitted to alter the grade of or original drainage plan for any Lot, or change the direction of, obstruct or retard the flow of surface water drainage, nor shall any Owner alter or remove any drainage or environmental berm or swale or divert any storm water drainage over, under, through or around any such berm or swale. Each building shall have a gutter and downspout rainwater collection system Oncorporated into the building to make it as unobstrusive as possible) to collect stormwater and divert it to the Lot's drainage system. 6.19 Ponds. No swimming, boating, fishing or other use of the Pond is permitted. The Pond may not be drawn down except by the Club Owner. No docks, bulkheads or other structures may be constructed in the Pond, except by the Club Owner. No filling or altering of the Pond may be done without the approval ofthe Developer, the Club Owner, the City and the Water Management District. 6.20 Wells. Effluent Water. Pesticides and Herbicides. No well shall be permitted on any Lot or the Common Property. The Association and all Lot Owners shall be required to accept and use (when available) as their sole source of irrigation water effluent/reclaimed water provided from the City's sewage treatment plant through the distribution system installed on the Subject Property as further provided in this Declaration. No pesticides, insecticides, fungicides, herbicides, fertilizers or other deleterious substances shall be applied to any area below the : ~J top of the berm nearest the shore of the Pond, or within five (5') feet of the Club property without the consent ofJge:o Club Owner. ~ 01 == 0 6.21 Fences. Walls and HedQes. There shall be no fence, wall or hedge on any Lot unless approveay the ARB, and the Club Owner if within thirty (30') feet of the Club property. ~ n 6.22 Rules and ReQulations. In addition to the foregoing restrictions on the use of the Lots and Common 0 Property, the Association shall have the right, power and authority, subject to the prior written consent and appr~1 ~ of Developer, to promulgate and impose reasonable rules and regulations governing and/or restricting the use of the CO Lots and Common Property and to thereafter change, modify, alter, amend, rescind and augment any of the same; provided, however, that no rules or regulations so promulgated shall be in conflict with the provisions of this Declaration. Any such rules and regulations so promulgated by the Association shall be applicable to and binding upon all Lots and Common Property and the Owners thereof and their successors and assigns, as well as all guests or invitees of and all parties claiming by, through or under such Owners. ':oc o-,~ o-,~ :Xc: :J:.; r :::c rr c-: -oc ::v:;:::: C)C P1U; 6.23 Enforcement. In the event of a violation of or failure to comply with the foregoing requirements of this section and the failure of the Owner ofthe affected Lot, within fourteen (14) days following written notice by the Association or the Club Owner of such violation or non-compliance and the nature thereof, to cure or remedy such violation, then the Association or the Club Owner or its duly appointed employees, agents or contractors, shall have and are specifically granted the right and privilege of and an easement and license to enter upon the affected Lot or any portion or portions thereof or I mprovements thereon, without being guilty of any trespass therefor, for the purpose of undertaking such acts or actions as may be reasonably necessary to cure or eliminate such violation; all at the sole cost and expense of the Owner of the affected Lot. Such costs and expenses, together with an overhead expense to the Association or the Club Owner of fifteen percent (15%) of the total amount thereof shall be assessed by the Association as an I ndividual Lot Assessment as provided in this Declaration to the affected Lot and the Owner thereof. Any such I ndividual Lot Assessment shall be payable by the Owner of the affected Lot to the Association within ten (10) days after written notice of the amount thereof. Any such I ndividual Assessment not paid within said ten (10) day period shall become a lien on the Affected Lot in accordance with the provisions of this Declaration. The Association shall promptly enforce the terms of this Declaration upon the request of the Club Owner. 6.24 Precedence Over Less StrinQent Governmental ReQulations. In those instances where the covenants, conditions and restrictions set forth in this Declaration set or establish minimum standards or limitations 11 e e or restrictions on use in excess of Governmental Regulations, the covenants, conditions and restrictions set forth in this Declaration shall take precedence and prevail over less stringent Governmental Regulations. Governmental Regulations which are more stringent than the regulations contained in this Declaration shall take precedence over the less stringent regulations. ARTICLE 7 BUILDING RESTRICTIONS AND REQUIREMENTS The erection, placement, construction and installation of all Improvements on any Lot or Common Property shall be subject to and governed by the following covenants, conditions, requirements, restrictions and reservations: 7.1 BuildinQ Tvpe. No building or structure other than one (1) single family residence and its related appurtenances facilities and Improvements shall be placed, located, erected, constructed or installed or permitted to remain on any Lot, except that, if deemed appropriate by the ARB by virtue of the size and location of a particular Lot and the type of residence constructed thereon, detached garages and guest houses may be permitted as an appurtenance to the main dwelling constructed on a Lot; provided, however, that if the Lot is located adjacent to the Club property, the Club Owner consents. 7.2 Governmental ReQulations. All Improvements placed, located, erected, constructed and installed upon any Lot or Common Property shall conform to and comply with all applicable Governmental Regulations. 7.3 DesiQn Standards and ARB Approval. All Improvements must be constructed in accordance with detailed plans and specifications approved by the ARB (and the Club Owner if applicable) prior to the commencement of construction as more particularly provided in this Declaration. All Improvements shall be placed, located, erected, constructed, installed and maintained on a Lot or Common Property in conformance with the Design Standards as the same may be changed, amended or modified from time PJL PJL JOB NAME "WordPerfect - arr2" PJL SET RESOLUTION 300 PJL DEFAULT AUTOSLEEP ON PJL DEFAULT TIMEOUTSLEEP 15 PJL SET AUTOSLEEP ON PJL ,',) :...() -0 CJ:1 c: I::> -. i 'f :.J\ 0-'- -.. ..;0.. 0 "'-'aC':: -.... ..-L- :P C> r r- m ~'- (J fT C) 0 c: f'0 -oc: " 3>;::- r 0'\ c)c \.D Plif; e e .. DECLARATION OF COVENANTS, CONDITIONS RESTRICTIONS, EASEMENTS AND RESERVATIONS FOR ARROWHEAD AT TUSCAWILLA-UNIT 2 THIS DECLARATION is executed as of December 13,1994 by TUSCAWlLLA LAND COMPANY, a Florida corporation (referred to as "Developer"), which is the fee owner of a portion of and the developer ofthe entire Subject Property, hereinafter defined, and is joined in by FLORIDA COUNTRY CLUBS, INC., a Florida corporation (referred to as "Club Owner" and collectively with the Developer referred to as the "Declarants"), which is the fee owner of the remainder of the Subject Property. WITNESSETH: WHEREAS, Declarants are collectively the record owners of fee simple title to certain real property (referred to as the "Subject Property" which is all lands included within the plat of "Arrowhead at Tuscawilla-Unit 2", to be recorded in the Official Records of Seminole County, Florida), legally described as follows: Commence at the Northeast corner of WINTER SPRINGS UNIT 3, as recorded in Plat Book 17, pages 89 and 90, Public Records of Seminole County, Florida; run thence N 0015'09" W along a projection ofthe East line of said WINTER SPRINGS UNIT 3, a distance of658.13 feetto a point on the Easterly Right-of-Way line of a 110' Florida Power & Light Easement, as recorded in Official Records Book 183, Page 130, Public Records of Seminole County, Florida; run thence N 3145'52" W along said Easterly Right-of-Way line 3274.35 feet; run thence N 5405'37" W along the aforesaid Easterly Right-of-Way line of Florida Power & Light Easement 480.37 feet to the POINT OF BEGINNING; thence run S 6637'28" Wfora distance of 32.64 feet to a point on a non-tangent curve concave Southerly having a radius of 152.22 feet and a chord bearing of S 7356'49" E, said point being on the Northerly Right-of-Way line of Augusta National Boulevard (50' Right-of-Way); thence run the following five courses and distances along said Right-of-Way line: Westerly along the arc of said curve through a central angle of 3819'59" for a distance of 101.84 feet to the point of tangency; thence run S 8653'12" Wfor a distance of40.95 feet to the point ofture of a curve concave Northerly having a radius of 173.97 feet; thence run Westerly along the arc of said curve through a central angle of 3230'11" for a distance of 98.69 feet to the point of tangency; thence run N 6036'38" W for a distance of 15.31 feet to the point of curvature of a curve concave Easterly having a radius of25.00 "T1 feet; thence run Northerly along the arc of said curve through a central angle of 9201 '27" for a ' distance of 40.15 feet to a point on a non-tangent curve concave Northwesterly having a radius of 1205.92 feet and a chord bearing of N 2919'23" E said point being on the Southeasterly Right-of-Way line of Winter Springs Boulevard (120' Right-of-Way) as recorded in Official Records Book 1057, Page 1642 of the Public Records of Seminole County, Florida; thence run the following four courses and distances along said Right-of-Way line: Northeasterly along the arc of said curve through a central angle of 0359'57" for a distance of 84.17 feet to a point of non-tangency; thence run N 2728'26" E for a distance of 261.56 feet to the point of curvature of a curve concave Southeasterly having a radius of 1095.18 feet; thence run Northeasterly along the arc of said curve through a central angle of 6232'58" for a distance of 1195.60 feet to a point of tangency; thence run S 8958'36" E for a distance of 189.70 feet; thence leaving said Right-of-Way line run S 0003'17" W for a distance of 335.25 feet; thence run S 4231 '59" W for a distance of 234.26 feet; thence run S 5210'34" W for a distance of 307.52 feet; thence run S 6637'28" W for a distance of 695.01 feet to the POINT OF BEGINNING. (f) f'l J: :;-L C> , ("Tl (J C> >) :0 -:::;> o ':DO ,.:::>-n l:J -r'\ :'.t~n C) 1'0 --J C) )> r ::0 ("Tl C") \)0 )>::0 c>CJ fT1 (j) 1 . . e e . WHEREAS, Declarants intend thatthe Subject Property be subdivided, developed, improved, occupied, used and enjoyed as an exclusive, unique and attractive single family residential community of the highest quality known as "Arrowhead at Tuscawilla-Unit 2", containing twenty-eight (28) Lots, which shall be subject to these covenants, conditions, restrictions, easements and reservations, and pursuantto a uniform plan of development with consistently high architectural, ecological, environmental and aesthetic standards so as to create a unique, pleasant, attractive and harmonious physical environment which will contribute to and enhance the quality of life for all residents of and visitors to Arrowhead at Tuscawilla-Unit 2 and to provide for the preservation and enhancement of the quality and character of the Tuscawilla Country Club which abuts the Subject Property. WHEREAS, Developer also has developed or contemplates development of additional neighborhoods with comparable quality lots, which also are or will be known as "Arrowhead at Tuscawilla", but designated as Units 1, 3, 4 or 5. Such other neighborhoods share a common name and quality standards with Arrowhead, but have completely separate associations, with assessment authority with separate common properties. It is intended that the neighborhoods with the common name of "Arrowhead at Tuscawilla" and their associations will work together to enhance their overall community. NOW THEREFORE, for and in consideration of the premises hereof, Declarants do hereby declare that the Subject Property shall be and is hereby encumbered by and made subject to those covenants, conditions, restrictions, easements and reservations hereinafter set forth. ARTICLE 1 DEFINITIONS f'0 c':) u> c', 1 ::.< 7'\ o OJ C) C) "T1 C:J "T1 ::;.::(=) z For the purposes of this Declaration, the following terms shall have the following definitions and me~gs: lTl 1.1 "ARB" shall mean the Architectural Review Board created and established by and pursuant i~thiS=> Declaration which is responsible for the review and approval of all plans, specifications and other materials desCri~ingv or depicting improvements proposed to be constructed on the Subject Property. !- :......t - J> r :::0 fTl ("") -00 >:;0 GJCl IT! (/) 1.2 "Arrowhead" and "Arrowhead at Tuscawilla" shall mean Arrowhead at Tuscawilla-Unit 2, the single family residential community planned for and developed on the Subject Property as reflected on the 'plat recorded or to be recorded in the Official Records of the County. 1.3 "Assessment" shall mean any assessment of an Owner and a Lot by the Association for Common Expenses and other items pursuant to, in accordance with and for the purposes specified in this Declaration. 1.4 "Association" shall mean "Arrowhead at Tuscawilla-Unit 2 Property Owners Association, Inc.", a corporation not-for-profit organized and existing under the laws of the State of Florida. 1.5 "Board" shall mean the Board of Directors of the Association. 1.6 "City" shall mean the City of Winter Springs, a political subdivision ofthe State of Florida, specifically including its departments and agencies. 1.7 "Club" shall mean Tuscawilla Country Club, and such properties, improvements and related amenities as may now or hereinafter be constructed, acquired or made part of the Club. 1.8 "Club Owner" shall mean Florida Country Clubs, Inc., a Florida corporation, its successors and assigns, and such other entities or persons that may now or hereinafter own or acquire the Club. 2 e e 1.9 "Common Expenses" shall mean those costs and expenses of the Association more particularly identified and described in this Declaration. 1.10 "Common Property" shall mean all real and personal property from time to time owned by the Association for the common use, enjoyment and benefit of all Owners; including but not limited to the Common Streets; Entrance Gate; the Community Wall; the Surface Water Management System; all landscaping and improvements lying within the public ways; entry features or signs to identify Arrowhead; any special design feature lying within public ways; fences and walls on Common Property or easements; the benefit of any easements shown on the Plat or created by this Declaration; all easements granted to the Association: all such similar items, areas, easements or properties which may be added by supplemental declarations; together with all future additions thereto, and together with the landscaping and any improvements thereon, as well as such other property, both real and personal, acquired by the Association by purchase, gift, lease or otherwise. 1.11 "Common Streets" shall mean the rights-of-way of all streets, roads, drives, courts, ways and cui de sacs within Arrowhead as depicted on the Plat and all paving, curbs and other improvements located therein, including but not limited to street lighting and utility lines, as conveyed to the Association by the Developer as Common Property, but specifically not including utility lines owned by private or public utility companies or governmental agencies. Common Streets is not intended to include any public streets. >.') . r- ::') 1.12 "Community Wall" shall mean any wall or similar structure from time to time situate<r-cin t~ landscape and wall easements shown on the Plat, together with any footings, related equipment, lands~pinro irrigation systems and other appurtenances. ; r 1.13 "Cou nty" shall mean Seminole County, a political subdivision of the State of Florida, aM its departments and agencies. ~ 0 -.., N 1.14 "Declaration" shall mean this Declaration of Covenants, Conditions, Restrictions, Easements an-o-J Reservations for Arrowhead at Tuscawilla-Unit 2 and all amendments thereto and modifications thereof as are frorfIV time to time recorded among the Official Records of the County. COO. 0-" 0-" ::>: (=) J> r ::0 fT1 o -00 9::0 GJO ITl(/) 1.15 "Desion Standards" shall mean those architectural and landscape design standards, specifications and other criteria adopted, promulgated and published by the ARB to be used as the standard for determining compliance with this Declaration and the acceptability of those components of buildings, structures, landscaping and all other improvements, constructed, erected, placed or installed upon the Subject Property as more particularly provided in this Declaration. 1.16 "Developer" shall mean Tuscawilla Land Company, a Florida corporation, together with its successors, legal representatives, grantees and assigns, including the purchaser of its interest at a foreclosure sale. A builder, contractor, or other person which purchases one or more Lots forthe purpose of constructing a single family home for sale to a home purchaser shall not be deemed to be a Developer. 1.17 "Governmental Reoulations" shall mean all applicable laws, statutes, codes, ordinances, rules, regulations, limitations, restrictions, orders, judgments or other requirements of any governmental authority having jurisdiction over the Subject Property or any Improvements constructed or located thereon. 1.18 "Improvements" shall mean any buildings, outbuildings, structures, driveways, walkways,swimming pools, patios, decks, fences, walls, landscaping, and any and all other appurtenances, facilities and improvements of any kind, nature or description constructed, erected, placed, installed or located on the Subject Property and any replacements thereof and all additions or alterations thereto. 3 . ' e e 1.19 "Institutional lender" shall mean (a) any state or Federal savings bank, commercial bankorsavings and loan association, any real estate investmenttrust, any insurance company, any mortgage banking company, any mortgage company, any pension and/or profit sharing plan or any other lending or investing institution generally and customarily recognized as being engaged, in the ordinary course of its business, in making, holding, insuring or guaranteeing first lien priority real estate mortgage loans, and (b) the Developer, to the extent that Developer shall hold a mortgage upon any portion of the Subject Property, and all successors, assigns, assignees and transferees of Developer who shall own or hold any mortgage upon the Subject Property or any portion thereof which was originally executed and delivered to and owned and held by Developer. 1.20 "lot" shall mean a separate single family residential building site within the Subject Property as the same is subdivided and described pursuant to and in accordance with the Plat and shall include any Improvements from time to time constructed, erected, placed, installed or located thereon. 1.21 "Maintenance" shall include, but shall not be limited to, care, cleaning, painting, structural upkeep, restoration and replacement in connection with all Common Property, sidewalks, right-of-way and similar facilities. 1.22 "Owner" shall mean one or more persons or entities who or which are alone or collectively the records owner of fee simple title to any Lot, including the Developer, but excluding those having an interest in any such Lot, merely as security for the payment of a debt or the performance of an obligation. :'0 1.23 "Plat" shall mean the Plat of Arrowhead at Tuscawilla-Unit 2, as recorded or to be recordeshin the Official Records of the County, together with easement plats for off-site storm water detention. ~ Ol :::::: 0 - 1.24 "Pond" shall mean the pond benefitting Arrowhead with storm water retention located on thi Club property. The cost of maintaining the Pond shall be borne by the Association. ~ () C) 1.25 "Surface Water ManaQement System" shall mean all land, easements and other facilities-ca.hiGQ.) together comprise the master surface water and drainage system for Arrowhead as reflected on the plans fqcl>uetu system on file with the City and approved by the City and the St. John's River Water Management District. 'It is @..,,) system which is designed and constructed or implemented to control discharges which are necessitated by rainfall events, incorporating methods to collect, convey, stor, absorb, inhibit, treat, use or reuse water to prevent orreduce flooding, overdrainage, environmental degradation, and water pollution or otherwise affect the quantity and quality of discharges. cpo C) -r"\ C) .." ::~n J> r- :::l:J fT1 () -00 y:;:a G")CJ p,eJ) 1.26 "Turnover" shall mean the transfer of operation of the Association by the Developer as provided in this Declaration. ARTICLE 2 PURPOSES 2.1 The covenants, conditions, restrictions, easements and reservations set forth in the Declaration are hereby imposed for the following purposes: Club; 2.1.1 To establish Arrowhead as a premier single family residential community and enhance the 2.1.2 To create, develop, foster, maintain, preserve and protect within Arrowhead a unique, pleasant, attractive and harmonious physical environment which will contribute to and enhance the quality of life for all residents of and visitors to Arrowhead and enhance the Club property; 4 e e 2.1.3 To maintain those portions of the Subject Property which are wooded predominantly in its wooded condition, and to add to and maintain the trees on each Lot required by this Declaration; 2.1.4 To ensure that the development of Arrowhead will proceed pursuant to a uniform plan of development with consistently high architectural, environmental, ecological and aesthetic standards; 2.1.5 To ensure the proper and appropriate subdivision, development, improvement, occupation, use and enjoyment of each Lot within Arrowhead; 2.1.6 To protect each Lot (and the Club property) against the improper, undesirable, unattractive, or inappropriate subdivision, development, improvement, occupation, use and enjoyment of contiguous, adjacent or neighboring Lots; 2.1.7 To encourage the development, construction, maintenance and preservation of architecturally and aesthetically attractive and harmonious Improvements on each Lot; :--:> 2.1.8 To guard against the development and construction of improper, undesirable, una~t?c~~ and inappropriate Improvements; ;:; 0 :r: 2.1.9 To provide for the future ownership, management, administration, improvemen~care, maintenance, use, regulation, preservation and protection of all Common Property and to provide lfb)- and assure the availability of the funds required therefor; 8 0 ~'1 N 2.1.10 To provide for the establishment, maintenance, preservation, protection and ~11'lElAt-J of consistently high property values within Arrowhead; ~ ,]:)0 (::> .." C)"" --.....0 )> r ;0 rT1 ("") -00 y';o 00 1""1 c..n 2.1.11 To accomplish, meet, satisfy and fulfill certain Governmental Regulations and other governmental requirements; and 2.1.12 To provide Developer with effective control over the development, management, administration, care, maintenance, use, appearance, marketing and sale of and the construction of Improvements for so long as Developer shall own substantial portions of the Subject Property and to provide the Club Owner with certain control over the Subject Property to the extent that it will affect the Club property. ARTICLE 3 EFFECT OF DECLARATION 3.1 Covenants RunninQ with Land. This Declaration and each and every one of the covenants, conditions, easements, restrictions and reservations contained herein are hereby declared to be and shall hereafter continue as, covenants running with the title to the Subject Property. 3.2 Property Affected. This Declaration and the covenants, conditions, restrictions, easements and reservations set forth herein shall be binding upon, inure to the benefit of and constitute a burden upon all of the Subject Property in accordance with the terms set forth herein. All Lots, pieces, parcels and tracts of land within the Subject Property shall hereafter be owned, held, transferred, sold, conveyed, demised, devised, assigned, leased, mortgaged, occupied, used and enjoyed subject to and benefitted and burdened by the terms and provisions of this Declaration. 3.3 Parties Affected. Except as hereinafter specifically provided, this Declaration shall be binding upon and inure to the benefit of all Owners, including the Developer and the Association, and all other persons having or 5 , . e e claiming any right, title or interest in such property. Accordingly, each and every person or party who or which shall hereafter acquire, have or claim any right, title or interest in or to any Lot, parcel or tract of land within the Subject Property, whether by, through or under the Developer or any subsequent Owner, shall, by virtue of the acceptance of any such right, title, interest or claim, whether by deed or other instrument, or by operation of law or otherwise, and whether voluntarily or involuntarily, be deemed to have acquired and accepted such right, title, interest or claim subject to and benefitted and burdened by the covenants, conditions, restrictions, easements and reservations set forth in and specifically joined in and agreed and consented to each and every one of the terms and provisions of this Declaration and the same as if each and every one of the covenants, conditions, easements, restrictions and reservations set forth in this Declaration had been fully set forth in the deed or any other instrument of conveyance pursuant to which such right, title, interest or claim was acquired. The Club Owner shall have the right to enforce any and all of the covenants, conditions and restrictions set forth in this Declaration, to the extent they may impact the Club. 3.4 No Riahts to Club Facilities. The Club Owner shall have the right, but not the obligation, to provide facilities and other amenities within the Club. The Club shall be maintained and provided at the discretion ofthe Club Owner. Rights to use the Club will be on such terms and conditions as may be promulgated from time to time by the Club Owner. The Club Owner shall have the right, from time to time in its sole and absolute discretion and witho,uO notice, to amend or waive the terms and conditions of use of the Club, specifically including, without Iimitati9J~, the.) terms of and eligibility for use, privileges available to use such facilities, the categories of use and the number ot\.jsetsf'l permitted to use the Club or to terminate any and all use rights. Ownership of a Lot does not confer any own~hil9? ownership rights or use rights in the Club. A user of the Club shall only acquire a revocable license to usouch facilities subject to the conditions established from time to time by the Club Owner. The Club Owner reserves t~self the absolute right to discontinue the operation of the Club facilities or to sell or otherwise dispose of such faciliMs in any manner whatsoever and to any person or entity whomsoever without approval by the Owners, or any other ~sofi3 or entity. -~ I 1 I _ . Ul ':DO O--r"1 CJ--r"1 -'-'n J> r ::u fTl ("') .'00 J>::u CJCJ 1-') (j) ARTICLE 4 PROPERTY SUBJECT TO DECLARATION 4.1 Subiect Property. The property which shall be subject to, and encumbered, governed, benefitted and burdened by this Declaration shall be all of the Subject Property. 4.2 Addition of Property. The Developer hereby reserves to itself and shall hereafter have the right, but not the obligation, at any time and from time to time, in its sole and absolute discretion, and without notice to or the approval of any party or person whomsoever or whatsoever, to impose this Declaration or a substantially similar declaration upon additional property, whether or not adjacent or contiguous, notwithstanding any right of way, to the Subject Property, which is now or may hereafter be owned by either Declarant, by the filing of an appropriate instrument to that effect among the Official Records of the County. 4.3 Withdrawal of Property. The Developer hereby reserves unto itself and shall hereafter have the right, at any time and from time to time, in its sole and absolute discretion, and without notice to or the approval of any other person or party whomsoever or whatsoever, to withdraw any property, including portions of the Subject Property, from the purview, operation and effect of this Declaration, including any property previously subjected to and encumbered by this Declaration, which shall be owned by the Developer at the time of such withdrawal, by the filing of an appropriate instrument to that effect among the Official Records of the County. 4.4 Meraer. I n the event of a merger or consolidation of the Association, with any other property owners association or corporation (or similar organization) existing for a similar purpose as provided in its bylaws, its properties, rights and obligations may be transferred to another surviving or consolidated property owners association or corporation. Alternatively, the properties, rights and obligations of another property owners association or 6 . ' e e corporation may, by operation of law, be added to the properties, rights and obligations of the Association, as a surviving corporation pursuant to a merger. The surviving or consolidated property owners association or corporation may administer the covenants, con-conditions, restrictions, easements, reservations, Assessments, terms and provisions established by this Declaration, together with the covenants and restrictions established upon any other properties as one scheme. No such merger or consolidation, however, shall effect any revocation, change or addition to the covenants, conditions, restrictions, easements, reservations, Assessments, terms and provisions established by this Declaration with respect to any real property subject to this Declaration at the time of such merger or consolidation, except upon express amendment to this Declaration. ARTICLE 5 USE CLASSIFICATIONS - PERMITTED USES 5.1 Classifications of Subiect Property. All of the Subject Property shall be classified by category of use as either Lots or Common Property. 5.2 Lots. Except as provided in this Declaration, the Subject Property (with the exception ofthe Comm~9 Property) shall be improved as and used, occupied and enjoyed solely and exclusively for single family residenti~ dwelling purposes and no other uses or purposes whatsoever. g-; ~ 3: _ 0 5.3 Common Property. Common Property shall be improved, maintained, used and enjoyed:.Mr the common health, safety, welfare, benefit and convenience of all Owners and residents of Arrowhead and their~ests and invitees, subject to the easements created herein. fTl () o COO C)""T1 ~~~ -" (J o -r.N r -.J O"l The use, occupation and enjoyment of the Lots and Common Property shall be subject to and governed by the following covenants, conditions and restrictions: ARTICLE 6 USE RESTRICTIONS )> r- ;0 fTl (J -00 )>;0 C)CJ fTl (j') 6.1 Sinale Familv Onlv. Except as specifically provided in this Declaration, no use shall be made of Lots or Common Property other than for single family residential dwelling purposes. 6.2 Ownership and Leasina. Ownership of Lots shall be for single family residential dwelling purposes only. Accordingly, no Lot (or the Improvements thereon) may be rented or leased for any single period of less than six (6) months. No "Time-Share Plan", as that term is defined in Section 721.05 Florida Statues, or any similar plan of fragmented or interval ownership of shall be permitted. 6.3 Subdivision. No Lot shall be subdivided nor shall any portion of a Lot less than the whole thereof be sold, conveyed or transferred without the prior written approval and consent of the Developer and the Association. Nothing herein contained, however, shall prevent the subdivision of a Lot by the Developer in such manner that any portion of a Lot may be sold, transferred and conveyed by the Developer, together with the whole of an adjacent or contiguous Lot such that the whole of one Lot and a portion of another Lot which are owned in common by the same Owner may be combined, developed and improved by such Owner as a single unified home site. Once so combined, developed and improved as a single unified residential home site no such combination of a Lot and a portion of another Lot or combination of two (2) or more Lots shall thereafter be resubdivided into more than one (1) single family residential home site, without the consent of the Developer and Association. The remaining portion of any Lot so divided shall either be added to the Lot contiguous to the other side of the divided Lot, or may be treated as a separate Lot, but only if of sufficient size to be comparable to the other Lots, in the sole discretion of the Developer. 6.4 Commercial Activity. Except as specifically provided in this Declaration, no business, commercial, industrial, trade, professional or other non-residential activity or use of any nature, type, kind or description shall be 7 e e conducted upon or from any Lot or within any Improvements located or constructed thereon. The Developer and its assignees shall be permitted to maintain model homes; provided, that, no signs, flags, banners and like shall be permitted unless approved by the ARB, and if so approved, shall be removed promptly at the request of the ARB; the interior and exterior of all model homes shall be kept clean and free of debris and all landscaping and other site improvements shall be well maintained at all times; and no builder shall use his model home for any aspect of his business other than the selling and marketing of products in Arrowhead. Developer is specifically permitted to maintain a real estate sales office for other real estate ventures and a general administrative office in a model home on any of the Lots. 6.5 Offensive Activitv. No illegal, noxious, unpleasant, unsightly or offensive activity shall be carried on or conducted, upon or from any Lot nor shall anything be done thereon which may be or tend to become or cause an unreasonable annoyance or nuisance, or which may be or tend to become an interference with the comfortable and quiet use, occupation or enjoyment of any other Lot or the Club. 6.6 Animals and Pets. No animals of any kind shall be kept, bred or raised upon any Lot, except for dogs, cats, birds or other usual and customary household pets which may be kept, raised and maintained upon any Lot; provided that the same are not kept, raised or maintained thereon for business or commercial purposes or ifl) number deemed unreasonable by the Developer or the Association. Nor shall they constitute an unreasoJ)~bleo annoyance, hazard, or nuisance in the vicinity or an unreasonable interference with the comfortable and qui~sEQl occupation and enjoyment of other Lots or the Club. The following shall prima facia be considered unreasona~: 0P numbers in excess of two (2) household pets (other than aquarium-kept fish); 0i) any poisonous creature; or 0ilBany reptile in excess of three (3) feet in length. ~ 6.7 Commercial. Recreational and Other Vehicles. CDO o -" c=>""'1 ~n :> r- ::0 fTl n \JO :>::0 OCJ Pl (J) g C) -" N 6.7.1 No truck, bus, trailer or other "commercial vehicle" (as that term is hereinafter definedjand~ no mobile home, motor home, house trailer, camper, van, boat, boat trailer, horse trailer or other recreational-'" vehicle or the like shall be permitted to be parked or stored on a Lot or Common Property unless the same shall be parked or stored entirely within and fully enclosed by a garage; nor shall any such commercial or recreational vehicle or the like be permitted to be parked or stored on any street in front of or adjacent to a Lot. Notwithstanding the foregoing, however, commercial vehicles shall be permitted to be parked on, in front of, or adjacent to a Lot on which bona fide ongoing construction activity is taking place; nor shall the foregoing provisions of this Section apply to parking on "a temporary or short-term basis" (as that term is hereinafter defined). 6.7.2 Vehicles shall be parked in garages whenever possible with the door closed. Garages spaces for vehicles shall not become permanent storage space for any other items. No passenger automobile, commercial, recreational or other motorized vehicle, or the like, shall be dismantled, abandoned, serviced, rebuilt, repaired, repainted, or parked or stored without a license plate on a Lot or Common Property unless fully enclosed in a garage. Notwithstanding the foregoing provisions of this Section, however, the foregoing restriction shall not be deemed to prevent or prohibit those activities normally associated with the day-to-day maintenance, washing, waxing and polishing of such vehicles. 6.7.3 No motorcycle, motorscooter, moped, all terrain vehicle or other motorized vehicle, inclUding but not limited to golf carts or the like, shall be permitted to be parked or stored on a Lot or the Common Property unless parked or stored entirely within and fully enclosed by a garage. 6.7.4 Parking on "a temporary or short-term basis" shall mean and be defined as parking, on a non- recurring basis and for a single period not exceeding twenty-four (24) hours in duration, of vehicles belonging to guests of Owners, vehicles used in connection with the furnishing of services and/or the routine pick-up and delivery respectively J of materials from and to a Lot 0ncluding those vehicles used in connection with and 8 . ' e e bona fide current on-going construction of Improvements on a Lot), and vehicles belonging to or being used by Owners for loading and unloading purposes only 0.e., such as overnight packing or unpacking of a motorhome in connection with a vacation trip). 6.7.5 The term "commercial vehicle" shall mean and be defined as a truck, motor home, bus or van of greater than three-quarter (3/4) ton capacity and any vehicle with a sign displayed on any part thereof advertising any kind of business of on or within which any commercial materials and/or tools are visible. 6.7.6 The Association shall, subject to approval by the City, be entitled and is hereby empowered to adopt, additional reasonable rules and regulations governing the admission to and parking, use and storage of commercial and recreational vehicles within Arrowhead, and if so adopted the same shall be binding upon the Subject Property and all Owners and their guests and invitees. 6.7.7 Any vehicle parked or stored in violation of these restrictions or in violation of any rules and regulations adopted by the Association concerning the same may be towed away or otherwise removed. by or at the request of the Association and at the sole expense of the owner of such commercial, recr"!qtional or other vehicle in violation of this Declaration. I n the event of such towing or other removal, the Asso~atierr and its employees or agents shall not be liable or responsible to the owner of such vehicle for tr~a~? conversion, or damage incurred as an incident to or for the cost of such removal or otherwise; nor shall the Association, its employees or agents by guilty of any criminal act or have any civil liability by reason ~uch towing or removal, and neither its towing or removal nor the failure of the owner of the towed or re'!lOve6 vehicle to receive any notice of the violation of the provisions of this Section shall be grounds for relief.'of alW..) k' d -0] 1 In. r -J CO 6.8 Maintenance. Each Lot and all Improvements, including landscaping, located thereon shall at all times be kept and maintained in a safe, clean, wholesome and attractive condition, and shall not be allowed to deteriorate, fall into disrepair or become unsafe or unsightly. In particular, no weeds, underbrush or other unsightly growth and no trash, rubbish, refuse, debris or unsightly objects of any kind shall be permitted or allowed to accumulate on a Lot or Common Property. VJO C) ." o .,., An )> r :::0 fT1 ("") -00 )>:::0 C)CJ rn (J) 6.9 Reconstruction of Damaaed Improvements. In the eventthat I mprovements on a Lot or Common Property shall be damaged or destroyed by casualty, hazard or other cause, including fire or windstorm, then, within a reasonable period, not exceeding six (6) months following the occurrence of the offending incident, the Owner of the affected Lot shall cause the damaged or destroyed Improvements to be repaired, rebuilt or reconstructed or to be removed and cleared from such Lot and Common Property. 6.10 Garbaae and Garbaae Containers. All garbage and trash containers and their storage areas and the like shall be kept within a garage or placed inside of an enclosure approved by the ARB or behind opaque walls attached to and made a part of the single family residential dwelling constructed on each Lot and otherwise in conformity with applicable rules and regulations. In no event shall any of the same be visible from any adjacent or neighboring property including the Club property. Further, all garbage and trash containers and their storage areas shall be designed and maintained so as to prevent animals from gaining access thereto, All such containers shall be put out for pickup and trash removal, and shall be removed from the street and placed back in their storage areas the night of such pickup or removal. 6.11 Burnina, No burning of leaves, trash, rubbish, garbage or other waste materials of any type shall be permitted or conducted on a Lot or Common Property. Nothing herein contained, however, shall be deemed to prohibit the burning of wood, logs or charcoal in properly constructed or installed fireplaces, barbecue cookers or the like, whether inside or outside of any building or other structure located on a Lot or Common Property. 9 e e 6.12 StoraQe Tanks. No storage tanks or structures, shall be permitted outside of a building on a Lot or Common Property unless the same shall be placed inside of walls, fences or similar type enclosures in conformity with applicable rules and regulations. I n no event shall any of the same be visible from any adjacent property, or the Club property. 6.13 Mineral Exploitation. No exploration, mining, quarrying, or drilling for or exploitation of gas, oil, phosphate or other minerals of any type or kind shall be permitted or conducted on a Lot or Common Property. 6.14 Laundrv and Clothes DrvinQ. No laundry or clothes drying lines or areas shall be permitted outside of any building on a Lot or Common Property unless the same shall be placed inside of walls, fences, landscaping screens or similar type enclosures in conformity with applicable rules and regulations adopted and promulgated by the Association with respect thereto. In no event shall any of the same be permitted if visible from any adjacent property or the Club property. 6.15 Radio Transmission Equipment. No radio, microwave or other electronic transmission equipment shall be operated on a Lot or Common Property without the prior written consent of the Association and the Club Owner. Such consent, once given, may be revoked in the event that the operation of any such equipment interferes with ordinary radio and television reception or equipment, within Arrowhead or the Club property. No exterior rad\o,.) or television mast, tower, pole, wire, aerial, satellite receiving station or dish, antenna or appurtenances thereto, no!o any other exterior electronic equipment, structures or of any kind shall be installed or maintained on the etf~riogr' portion of any Lot or the Common Property. ::: 0 :x: o 6.16 SiQns. Nosign of any kind shall be displayed to publicviewon a Lotorthe Common Property without the prior written consent ofthe ARB; except as follows: (a) one (1) discreet professionally prepared sign not exce~ing four (4) inches high and eighteen (18) inches long identifying the name of the Owner of a particular Lot; (b) 0119 (1 P discreet, professionally prepared sign of not more than four (4) square feet placed on the street side of ~ofV identifying the architect and general contractor responsible, respectively, for the design and construction of a dweIDng-.J under construction on a particular Lot (provided, however, that such sign is first approved in writing by the ARB); and~ (c) one (1) discreet, professionally prepared "for sale" sign of not more than three (3) square feet placed on the street side of a Lot (provided, however, that such sign is first approved in writing by the ARB). Notwithstanding the foregoing the Developer specifically reserves the right, for itself and its agents, employees, nominees and assigns the right, privilege and easement to construct, place and maintain upon any Lot or the Common Property signs as it deems appropriate in connection with the development, improvement, construction, marketing and sale of any Lot. No signs of any kind shall be visible from the Club property. All signs shall comply with the City's codes and requirements, including but not limited to obtaining applicable permits. ':00 o-q o-q AO J> r- ;0 Pl (J -00 J>;o 00 Plc.n 6.17 Trees. No trees shall be removed from any Lot or the Common Property without the prior written consent ofthe ARB; provided, however that such removal shall be in compliance with Governmental Regulations, and the Club Owner is afforded the opportunity to remove such tree and relocate it to the Club property. Such approval shall be reasonably given if such removal is necessary in connection with the location of the main residential dwelling on a particular Lot where the preservation of any tree would work a hardship or require extraordinary design measures in connection with the location of such dwelling on the Lot and the plans and specifications for and location of one dwelling on the Lot have been approved by the ARB. No tree within thirty (30) feet of the Club property may be removed without the consent of the Club Owner. As used herein, the term "tree" shall mean and be defined as any tree equal to or greater than six (6) feet in height or two (2) inches in diameter measured one foot above ground. Any tree(s) removed in violation of this provision shall be immediately replaced with a tree of similar size, quality and type. In the event that any tree not permitted to be removed hereunder or which is installed pursuant to this Declaration dies or is severely damaged, the Owner ofthe Lot shall remove and replace the tree (with a tree of comparable size, quality and species) within thirty (30) days following the death or damage. 10 e e 6.18 DrainaQe. All storm water from any Lot shall drain into or onto contiguous or adjacent street rights-of- way, drainage, easements, or retention areas. Storm water from any Lot shall not be permitted or allowed to drain or flow unnaturally onto, over, under, across or under any contiguous or adjacent Lot unless a drainage easement shall exist therefor. No Owner shall be permitted to alter the grade of or original drainage plan for any Lot, or change the direction of, obstruct or retard the flow of surface water drainage, nor shall any Owner alter or remove any drainage or environmental berm or swale or divert any storm water drainage over, under, through or around any such berm or swale. Each building shall have a gutter and downspout rainwater collection system Qncorporated into the building to make it as unobstrusive as possible) to collect stormwater and divert it to the Lot's drainage system. 6.19 Ponds. No swimming, boating, fishing or other use of the Pond is permitted. The Pond may not be drawn down except by the Club Owner. No docks, bulkheads or other structures may be constructed in the Pond, except by the Club Owner. No filling or altering of the Pond may be done without the approval of the Developer, the Club Owner, the City and the Water Management District. 6.20 Wells. Effluent Water. Pesticides and Herbicides. No well shall be permitted on any Lot or the Common Property. The Association and all Lot Owners shall be required to accept and use (when available) as their sole source of irrigation water effluent/reclaimed water provided from the City's sewage treatment plant through the> distribution system installed on the Subject Property as further provided in this Declaration. No pesg'1ideS;> insecticides, fungicides, herbicides, fertilizers or other deleterious substances shall be applied to any area be[OJv tl'i~ top of the berm nearest the shore of the Pond, or within five (5') feet of the Club property without the consenef tile=> C~bOwner. 6 r fTl 6.21 Fences. Walls and HedQes. There shall be no fence, wall or hedge on any Lot unless approved bb the ARB, and the Club Owner if within thirty (30') feet of the Club property. ~ N ." - CO 6.22 Rules and ReQulations. In addition to the foregoing restrictions on the use of the Lots and COh,mob Property, the Association shall have the right, power and authority, subject to the prior written consent and approval of Developer, to promulgate and impose reasonable rules and regulations governing and/or restricting the use of the Lots and Common Property and to thereafter change, modify, alter, amend, rescind and augment any of the same; provided, however, that no rules or regulations so promulgated shall be in conflict with the provisions of this Declaration. Any such rules and regulations so promulgated by the Association shall be applicable to and binding upon all Lots and Common Property and the Owners thereof and their successors and assigns, as well as all guests or invitees of and all parties claiming by, through or under such Owners. coo 0-" C)-" --:r-- -'""n )> r ::0 fTl ("') -00 J> ::0 GlCJ P1U> 6.23 Enforcement. In the event of a violation of or failure to comply with the foregoing requirements of this section and the failure of the Owner ofthe affected Lot, within fourteen (14) days following written notice by the Association or the Club Owner of such violation or non-compliance and the nature thereof, to cure or remedy such violation, then the Association or the Club Owner or its duly appointed employees, agents or contractors, shall have and are specifically granted the right and privilege of and an easement and license to enter upon the affected Lot or any portion or portions thereof or Improvements thereon, without being guilty of any trespass therefor, forthe purpose of undertaking such acts or actions as may be reasonably necessary to cure or eliminate such violation; all at the sole cost and expense of the Owner of the affected Lot. Such costs and expenses, together with an overhead expense to the Association or the Club Owner of fifteen percent (15%) of the total amount thereof shall be assessed by the Association as an I ndividual Lot Assessment as provided in this Declaration to the affected Lot and the Owner thereof. Any such Individual Lot Assessment shall be payable by the Owner of the affected Lot to the Association within ten (10) days after written notice of the amount thereof. Any such Individual Assessment not paid within said ten (10) day period shall become a lien on the Affected Lot in accordance with the provisions of this Declaration. The Association shall promptly enforce the terms of this Declaration upon the request of the Club Owner. 6.24 Precedence Over Less StrinQent Governmental ReQulations. In those instances where the covenants, conditions and restrictions set forth in this Declaration set or establish minimum standards or limitations 11 e . or restrictions on use in excess of Governmental Regulations, the covenants, conditions and restrictions set forth in this Declaration shall take precedence and prevail over less stringent Governmental Regulations. Governmental Regulations which are more stringent than the regulations contained in this Declaration shall take precedence over the less stringent regulations. ARTICLE 7 BUILDING RESTRICTIONS AND REQUIREMENTS The erection, placement, construction and installation of all Improvements on any Lot or Common Property shall be subject to and governed by the following covenants, conditions, requirements, restrictions and reservations: 7.1 BuildinQ Tvpe. No building or structure other than one (1) single family residence and its related appurtenances facilities and Improvements shall be placed, located, erected, constructed or installed or permitted to remain on any Lot, except that, if deemed appropriate by the ARB by virtue of the size and location of a particular Lot and the type of residence constructed thereon, detached garages and guest houses may be permitted as-an appurtenance to the main dwelling constructed on a Lot; provided, however, that if the Lot is located adjacem to 'the Club property, the Club Owner consents. ~ CI ~ (:) :z 7.2 Governmental ReQulations. All Improvements placed, located, erected, constructed and installed upon any Lot or Common Property shall conform to and comply with all applicable Governmental Regulati~. CJ 7.3 DesiQn Standards and ARB Approval. Alii mprovements must be constructed in accordarf2e w~ detailed plans and specifications approved by the ARB (and the Club Owner if applicable) prior to the commenfem~ of construction as more particularly provided in this Declaration. All Improvements shall be placed, located, eTect~ constructed, installed and maintained on a Lot or Common Property in conformance with the Design Standards as the same may be changed, amended or modified from time to time. coo 0"'" C) ..,., ::An J> r ;:0 fT1 CJ -00 ):;>:;0 00 1'. CA 7.4 Construction. The construction of all Improvements must be performed by builders, general contractors and subcontractors as are (a) licensed in the State of Florida and the County or City to engage in the business or residential building and construction, and (b) approved in writing by the Developer as being qualified and otherwise acceptable to Developer to perform construction work within Arrowhead. The latter approval shall be within the sole and absolute discretion of Developer. The general contractor is responsible for the conduct of the workers on the job and the condition of the site. To ensure the construction quality and safety of all workers, drugs and intoxicants are not permitted on any construction sites. A job toilet must be located on all lots during construction. When possible the toilet should be sited out of the front yard with the door facing away from the street. The contractor is responsible for trash and debris. Trash should be stored in a dumpster on the job site and be emptied on a regular basis. Fires are not permitted on construction sites. At the end of each day, workers must clean up the trash at the site and keep construction materials neatly stored. Construction trailers are permitted but their appearance must be approved by the ARB and are to be used as on-site offices only and not as living quarters. During construction ofthe driveway every effort must be made to preserve the pavement and curb along the roadway in front ofthe home. The back edge of the curb must be carefully cut and the new driveway poured to transition smoothly from the curb. To preserve the natural areas of the Lot, barricades should be constructed. Additionally, all vehicular traffic should be kept away from the area within the dripline of existing trees to prevent soil compaction ofthe root zones. Damaged limbs and dead vegetation should be removed. 7.5 HeiQht Limitation. No Improvement shall exceed forty (40') feet (or such lower height as required by the City) in height, as measured from the finished grade of first floor O.e., excluding basement, if any) to the roof peak at its highest point, except as expressly permitted by the ARB. Each residential dwelling on a Lot shall consist of not more than two (2) full stories (not including basement) unless otherwise approved in writing by the ARB. Interior ... -" ceiling heights are encouraged to be greater than nine and one-half (9.5') feet when possible. Multi-storied homes are recommended. 7.6 j BuildinQ Setback Lines. It is the intent of this Declaration to preserve and enhance natural features of all Lots and golf course vistas. The siting of a home should emphasize-these natural features by carefully preserving as many trees and other existing vegetation as possible. Notwithstanding the stated setbacks, the ARB shall have wide discretion in requiring greater or lesser setbacks where appropriate, including siting Improvements to enhance vistas of Improvements located on other Lots. No part of any building (except as provided herein) shall be constructed, erected, placed or installed any ~Ioser to the property boundary lines of any Lot than as follows: No closer than thirty (30') feet to the front yard (street side) property boundary line; twenty-five (25') feet to the r~ar yard property boundary line; and twelve (12') feet to the side yard property boundary lines. If a Lot abuts the Club property, the minimum setback on the rear or side abutting the Club property shall be thirty (30') feet (unless the' Club Owner consents in writing to a lesser setback), and larger where the flight of errant golf balls may be a problem. The side yard setback on Lots 1 and 23 shall be twenty (20') feet to the side yard property lines on the side(s) of the property adjacent to a street right of way. Notwithstanding the foregoing, the ARB shall have wide discretion in establishing greater or lesser setbacks for all Lots which are not rectangularly shaped, including "flag" Lots. 7.7 Other Setback Lines. Improvements other than the main dwelling on a Lot shall be placed, locate~ erected, constructed or installed no closer to the property boundary lines of Lots, as follows, subject to the wide: discretion of the ARB to adjust such setbacks; 25 r 7.7.1 SwimminQ Pools. No closer than the otherwise established side yard building setback lin~ plus an additional five (5') feet, and no closer than fifteen (15') feet to any rear yard property boundary Iinv from the water's edge, and in the case of Lots abutting the aub prope~, a minimum of twenty (/0') fe~. NG" swimming pools shall be constructed in front or side yards. No swimming pool deck or patio, shall be constructed nearer than ten (10') feet (fifteen (15') feet if adjacent to the Club property unless the Club Owner consents in writing to a lesser setback) feet to any rear yard property line or nearer than the otherwise established side yard building setback line to any side yard property line. A screen enclosure shall be constructed no closer than ten (10') feet to any rear property line and no closer than the side yard set back to any side property lines, nor closer than twenty (20') feet to the Club property unless approved in writing by the Club Owner. ;'0 :;;J cr c 0'\ c c::> - C) N CO f- N 7.7.2 Accessory Structures. All accessory structures shall be located within the building setback lines established for the main dwelling on any Lot unless approved in writing by the ARB and provided they meet applicable City requirements. 7.7.3 Drivewavs. No closer than five (5') feet to any side yard property boundary line. No driveway shall be wider than twelve (12') feet in the area from the Lot right of way boundary to the road pavement, and in the first five (5') feet of the Lot adjacent to the right of way (and the entire length of the narrow approach to a Lot in the case of a "flag" Lot with allowances for several pull off areas). The ARB may require a specific uniform material for all driveways. Common or shared driveways are permitted and encouraged for those lots where appropriate. 7.7.4 Walkwavs. No closer than five (5') feet to any side yard property boundary line. 1 p.~:= StOrr Ytl~),.-tS Fr /I -::::- t2 ~ a.. '":- I:S-- r-r. np\ FT ; ~ 7.8 Minimum Open Areas. Each Lot shall have no more than forty percent (40%) of its total land area (thirty five percent (35%) if the Lot is larger than twenty five thousand (25,000) square feet) covered by buildings, structures, driveways, parking areas, sidewalks, swimming pools, decks or other impervious surfaces. [Sc~~("x(~}. ~e:r~ = Ie: I 5, De _- ~t j) e l4~) 'Fd;P. Fr/ ~ B /,1),__ ~CLIlf3.f~7> ~ ;:LC/ / 13 " C (M e ?sz.o p tJf' 7 e e above-ground electric transformers, meters and similar apparatus properly screened as approved by the ARB; or (c) permanent outdoor safety light poles located and installed as approved by the ARB. 7.24 LandscapinQ. Each Lot shall be landscaped in accordance with a landscape plan which is approved by the ARB, which landscaping shall be perpetually maintained by the Lot Owner in as good condition as indicated on the plan. The landscape plan shall reflect a minimum budget of three percent (3%) of the construction cost of I mprovements constructed on such Lot. Such budget shall be for initial plant materials, the New Trees and installation specified in Section 7.25, exclusive of the cost of sod and the required underground irrigation system. The ARB, in consideration ofthe preservation and utilization of certain existing trees, plants and vegetation may approve a budget of a lesser amount. All landscaping approved by the ARB shall be installed within thirty (30) days after the substantial completion of construction of the main dwelling on a Lot. Landscape plans must show all natural areas, proposed planting beds, sodded lawn, and all tree locations. The plans must also include a plant list with common and botanical names, plant sizes and material spacing. Lawn areas are to be sodded with approved St. Augustine (Stenotaphrum secundatum) species. Bitter Blue and Floratam are recommended species, though other hybrids of St. Augustine may be approved by the ARB. The planting of grass shall be accomplished by the installation of full sod covering the entire area required to be grassed. Partial sodding, sprigging, plugging or seeding shall not be permitted. All areas which are not sodded, paved or left in natural vegetation, must be covered with three inches of mulch or pine straw. "No clearing of the natural vegetation of trees and understory, within thirty (30') feet of the property line adjacent toiiie Club property is permitted without the approval of the Club Owner. The landscape plan must illustrate an{~Jea~ which may occur and the landscape design for such buffer zones. :::: a I 7.25 Existinq Trees and Tree Plantinq Requirements. All existing trees are to be retained on ~9Ch Lot to the greatest extent possible. Removal of existing trees at any time (regardless of size) must be approve~y ~ ARB. The builder or Lot Owner shall install and permanently nurture and maintain new trees (the "New Trees '), SQd and irrigation along the street frontage of the Lot and right of way regardless of the size of the Lot or the arv~n~ street frontage. The builder or Lot Owner for all Lots adjacent to the Club property shall also install New Trees alO{IQ\ the Club property as stated herein. At the time the initial construction of a dwelling on each Lot is completed and landscaped, New Trees shall be installed as specified on a tree plan included in the landscape plan, and shall be maintained forever thereafter. All such New Trees shall be Uve or Laurel Oaks, which shall have a minimum of twenty (20') feet in height, twelve (12') feet in spread, eight (8'') inch caliper trunk, and six (6') feet of clear trunk. New Trees shall equal or exceed the standards for Florida NO.1 and given in "Grades and Standards for Nursery Plants" Parts I and II State of Florida Department of Agriculture. New Trees shall be installed as follows: (a) one (1) New Tree each forty (40') feet, or less, of street frontage (whether a front, or side yard) located within the right of way at least five (5') feet and not more than twenty (20') feet from the back of the curb and one (1) new tree each sixty (60') feet, or less, along the rear property line; and (b) one (1) New Tree each forty (40') feet, or less of Lot boundary abutting the Club property located within twenty (20') feet of the Club property. The ARB shall have the discretion to waive the requirement for all or a portion ofthe New Trees if existing trees of comparable species, size, quality and location are retained on the Lot in appropriate locations. Removal of any tree shall require compliance with applicable City requirements, including the issuance of an arbor permit. 7.26 Irriqation Systems. All landscaped and grassed open areas on a Lot shall be irrigated by means of an automatic underground irrigation system capable of regularly and sufficiently irrigating all lawns and plantings. The plans and specifications for each such irrigation system shall be approved by the ARB as part of the landscape plan. Such irrigation system shall be installed prior to or simultaneously with the implementation of the landscape plan approved by the ARB; but in any event within the time provided in this Declaration for the installation of landscaping. Such system may not be connected to a well, and shall be connected to the central effluent/reclaimed water main installed by the Developer. Each Lot shall be required to be irrigated with effluent/reclaimed water from the City's system at rates and upon terms as the City may hereafter impose. In the interest of water conservation, the irrigation system shall include a rain sensing mecanism which shall regulate the operation of the system to nor irrigate when a sufficient quantity of rain has fallen. 17 ,- ~.- u_ ____. __ - ____ _._... O-"-'_UJ _,....,......___1_ .._ _"'1_' -_....., '--::1"' IJVVQU..:J1li:ji of its unusual size, configuration or location) or where a literal interpretation or application of any such building restriction to a particular Lot would be inappropriate, inequitable or otherwise work or result in a hardship or deny su~ Lot and the Owner thereof specific rights which are generally enjoyed by other Lots and Owners; is being e~pre~1y provided, however, that, in all cases, the Developer, in its exercise of such right and privilege shall, in its reasonae..~ exercised good faith judgment and discretion determine or decide that its grant of any such waiver, exc~on or variance shall not result in, represent, be or constitute a significant deviation of or derogation from (a) the uniform plan of development for Arrowhead, (b) the high architectural, ecological, environmental and aesthetic standards ot@rwise established for Arrowhead or (c) the objects and purposes of this Declaration. Notwithstanding anything10 tfie> contrary contained in this Section, any waivers of, exceptions to, or variances from said building restrictions St\all b~ in compliance with Governmental Regulations. The Develo er sha I have such ri ht and rivile e to rant aivefiP ~ceptions and variances. as aforesaLd, ~til eitl;wr (a) the ex iration of a eriod of fifteen 1 ears from tt}~ d~ of the recordation of this Declaration among the TIfficial Records 0 the County, or (b) the sale DY lilt:: ~eveloper or its successors or assigns in the ordinary course of business, and not in bulk, of ninety-five percent (95%) of all Lots in Arrowhead, whichever shall last occur. Following the occurrence of the last of the foregoing events to occur, the right and privilege of the Developer to grant waivers, exceptions and variances, shall be delegated and assigned by the Developer to and thereafter vest in the ARB. To the extentthat any such waiver, exception or variance is granted in a particular instance or with respect to any such Lot or Improvement pursuant to the provisions of this Section, the same shall not be deemed to be a precedent for the granting of such or any similar waiver, exception or variance in any other particular instance or any other particular Lot or Improvement. Notwithstanding the foregoing, no waiver, exception or variance may be granted without the approval of the Club Owner if the act would adversely impact the Club property. ARTICLE 8 COMMON PROPERTY 8.1 Additional Property. I n addition to the Common Property, the Developer, in its sole discretion, shall have the right to convey to the Association and the Association shall be obligated to accept any other portion of the Subject Property or any other real property owned by the Developer so long as such property is used or useful for any of the objects and purposes for which the Association has been created and established. Should the Developer so convey any such additional property, the same shall thereupon become and thereafter continue to be Common Property which shall be subject to all covenants, conditions, restrictions, easements and reservations set forth in this Declaration with respect to all other Common Property. 18 coo o ""T1 0'1 -~o ).> r- ::0 f'1 o CJa :>::::a GJCJ Pl(/) r.JJO <:) ""T1 c:::>', -'0 :> r- ;0 r<l o va :>::0 C) CJ (T1(/) . . 8.2 Restriction on Use. Subsequent to the conveyance of any Common Property to the Association by the Developer, the Common Property shall, subject only to the easements specified in this Declaration, be developed, improved, maintained, used and enjoyed solely for the purposes specified in this Declaration and in the instrument of conveyance and for the common health, safety, welfare and passive recreation ofthe residents of and visitors to Arrowhead and for no other purpose or purposes whatsoever. No other use shall be made of the Common Property without the prior written consent of the Developer. 8.3 Restriction on Conveyance. Subject only to the provisions of Section 11.5 of this Declaration, subsequent to the conveyance of any Common Property to the Association by the Developer, the Common Property may not be subdivided, partitioned, sold, transferred, conveyed, alienated, leased, mortgaged or hypothecated by the Association in any manner whatsoever without the prior written consent of the Developer. Neither shall the Common Property be abandoned by the Association without the prior written consent of the Developer. Upon a violation of the provisions of this Section, title to any Common Property so subdivided, partitioned, sold, transferred, conveyed, alienated, leased, mortgaged or hypothecated by the Association without the prior written consent of the Developer shall automatically revert to and become revested in the Developer upon the filing by the Developer among the Official) Records of the County of an appropriate declaration of this intention to accept such reversion. (" co c;Ol 8.4 Encumbrance as Security. Notwithstanding the provisions of Section 8.3 above, the Asso~~tiorP shall have the right in accordance with this Declaration and its Articles of Incorporation and By-Laws to (a) t:iOirow money for the purpose of improving, replacing, restoring or expanding the Common Property and to mortgm or otherwise encumber the Common Property (to the extent legally permitted and in no event shall the Surface Water Management System be subject to the encumbrance) solely as security for any such loan or loans, and (b) engagf3 in purchase money financing with respect to personal property and equipment purchased by the Associatto]l i~~ connection with the performance of its duties and obligations pursuant to this Declaration and to secure the paymen5) of the purchase price therefor by the encumbrance of the personal property and equipment so purchased; it being expressly provided, however, that any such mortgage or other enc;:umbrance shall be subject in all respects to the terms and provisions of this Declaration and any amendments hereto and, provided further, that in no event shall the Association be entitled or empowered to mortgage or otherwise encumber any easements granted to it. mo 0-<1 CJ ., ......'(J :> r- ::D fT1 ("") '"'DO );> ;::J CJCl P1U> 8.5 Use bv Owners. Subject to any reasonable rules and regulations adopted and promulgated by the Association pursuant to and in accordance with this Declaration, and subject always to any and all easements granted by or reserved to the Developer in this Declaration, each and every Owner shall have the non-exclusive right, privilege and easement to use and enjoy the Common Property for the purpose or purposes for which the same is conveyed, designated and intended by the Developer and maintained by the Association, and such nonexclusive right, privilege and easement shall be an appurtenance to and shall pass with the title to each Lot. 8.6 Deleoation of Use. Any Owner shall be entitled to and may delegate his right, privilege and easement to use and enjoy the Common Property to the members of their family, tenants, guests or other invitees; subject, at all times, however, to such reasonable Rules and Regulations governing such delegation as may be established, promulgated and enforced by the Association pursuant to this Declaration. I n the event and for so long as an Owner shall delegate such right, privilege and easement for use and enjoyment to tenants who reside on the Lot, the Association shall be entitled, after the adoption and promulgation of appropriate rules and regulations with respect thereto, to limit or restrict the right of the Owner making such delegation to a tenant in the simultaneous exercise of such right, privilege and easement of and for the use and enjoyment of the Common Property. 8.7 Waiver of Use. No Owner may exempt themself from personal liability for or exempt their Lot from any Assessments duly levied by the Association, or release the Lot owned by them from the liens, charges, encumbrances and other provisions of this Declaration, or the rules and regulations of the Association by (a) the voluntary waiver of the right, privilege and easement for the use and enjoyment of the Common Property, (b) the abandonment oftheir Lot or (c) by conduct which results in the Association's suspension of such right, privilege and easement as provided in this Declaration. 19 . A 9.2.11 Those incurred in connection with the enforcement of the provisions of this Declaration, including the fees, costs and expenses of any attorney retained or employed by the Association for that purpose. 9.2.12 Those incurred for the maintenance operation and repair of the Surface WaterManagemert System including but not limited to work within retention areas, drainage structures and d r a i nag e easements. 9.3 Use of Assessments. The funds received and derived from any and all Assessments made by the Association shall be used exclusively for the performance of the duties and obligations of the Association pursuant to this Declaration, the payment of Common Expenses, the operation and administration of the Association and the promotion of the health, safety, and general welfare of the residents of Arrowhead. 9.4 Prohibited Use of Assessments. Notwithstanding anything to the contrary set forth in or otherwise implied from the terms and provisions ofthis Declaration, the Association shall not have the power or authority to use, make, levy, impose, enforce and collect and is hereby expressly prohibited from using, making, levying, imposing, enforcing and collecting any Assessment forthe purpose, in whole or part, of financing the prosecution of or otherwise supporting any actual or contemplated litigation, including any and all appeals related thereto, against the DeveloR~f or the Club Owner with respect to matters related to Arrowhead or its development or operation or the Club. ~f, notwithstanding the foregoing prohibition, the Association shall attempt to use, make, levy, impose, enforce and collea any Assessment for such prohibited purpose or use, the Developer and any Lot or other property owned by DeveloPi! r shall be and are hereby exempted from any such Assessment or attempted Assessment. fTl ("') 9.5 Lien for Assessments. All Assessments established, made, levied, and imposed by the Associati&i pursuant to this Declaration, together with interest, late charges, costs and expenses, including attorneys' fee~ associated with the collection thereof (whether suit be brought or not), shall be a charge and a continuing lien upon each Lot against or with respect to which any such Assessment is made or levied. C-v 0") CI C) IT) , O' O' C) f'..:. I...D :t;. C) Pl 9.6 Personal Liability tor Assessments. In addition to the foregoing lien for such Assessments, each such Assessment, together with interest, late charges, costs and expenses, including attorneys' fees associated with the collection thereof (whether suit be brought or not), as aforesaid, shall also be the personal obligation and liability of the Owner of the Lot against or with respect to which any Assessment is made, levied or imposed atthe time such Assessment is so made, levied or imposed. Such personal liability for Assessments made, levied or imposed pursuant to this Declaration prior to the sale, transfer or other conveyance of a particular Lot shall not, by virtue of any such sale, transfer or other conveyance, pass to such Owner's successor or successors in title unless such personal liability of the Owner shall be expressly assumed as the personal obligation of such successor or successors in title; provided, however, that no such assumption of personal liability by such successor or successors in title shall relieve any Owner otherwise personally liable for payment of Assessments from the personal liability and obligation for the payment of the same. 9.7 Tvpes of Assessments. The Association is hereby authorized and empowered to establish, make, levy, impose, enforce and collect an Initial Fee and those Regular Assessments, Capital Expenditure Assessments, Special Assessments and Individual Lot Assessments for which provision is made in this Declaration. The Initial Fee shall be collectible from the initial Owner of a Lot (acquiring title from Developer) upon the Owner's acquisition ottitle to the Lot, and shall become a part of the reserve provided in Section 9.8.8. The Initial Fee shall be ONE THOUSAND DOLLARS ($1,000.00) for calendar years 1994 and 1995. Subsequentto calendar year 1995, the amount of the Initial Fee shall be established and determined by the Board not later than thirty (30) days prior to each calendar year, not to be increased in any year by more than five percent (5%). 9.8 ReQular Assessments. The Association shall be and is hereby authorized, empowered and directed to establish, levy, make, impose, enforce and collect during each calendar year a Regular Assessment for Common 22 e e of all Common Expenses, as defined in this Declaration, and the promotion and advancement of the health, safety and general welfare ofthe members ofthe Association; all as more particularly provided in this Declaration and in the Articles of Incorporation, By-Laws and Rules and Regulations of the Association. 11.2 Duties and Powers. Generallv. In addition to those duties and powers conferred by law and those specified and enumerate din its Articles of Incorporation and By-Laws, the Association shall also have such duties and powers as are, respectively, imposed and conferred upon its pursuant to this Declaration, including, without limitation, such duties and powers as may be reasonably implied from, necessary for and incidental to the accomplishment of the objects and purposes for which the Association has been created and established. 11.3 Duties of Association. The Association, acting by and through its Board of Directors, shall, in addition to those general and specific duties, responsibilities and obligations imposed upon it by law and those specified in its Articles of Incorporation and By-Laws, have the following specific duties, responsibilities and obligations: 11.3.1 Ownership and ManaQement of Common Property. To own, hold, control~dminister, manage, operate, regulate, care for, maintain, repair, replace, restore, preserve and protect all Common Property, whether real, personal or mixed, including, without limitation, all Common Streets, the Surface WateN Management System, all sidewalks, signs, landscaping, irrigation systems, street lighting, securi~,.gatev system and all other common improvements, including the landscaping outside the Community WallldC,atecf'l in the right-of-way of Winter Springs Boulevard and its median. ~2 0 C> 11.3.2 Payment of Common Expenses. To pay all Common Expenses associated witht::h e management and administration of the business and affairs of the Association and all other Com nro nO Expenses for which provision is made in this Declaration. ~ f'.) -r, r \..D 11.3.3 Levv and Collection of Assessments. To establish, make, levy, impose, enforcea'.n d-J collect all Assessments for which provision is made in this Declaration or which shall otherwise re necessay to provide and assure the availability of such funds as may be reasonably necessary to pay all Common Expenses or otherwise conduct the business and affairs of the Association. coO 0" C)" -'() > r- ;:J 1'1 o -:;0 ::P-::D C)CJ Pl (j) 11.3.4 Other Services. To provide and perform such other services and tasks, the responsibility for which has been expressly and impliedly delegated to the Association pursuant to this Declaration. 11.3.5 Insurance. To provide adequate insurance protection on and forthe Common Property and, consistent with their respective duties, responsibilities and liabilities, provide adequate insurance protection on and for the Association itself and on and for its members, officers and directors, as well as for the members of the ARB established pursuant to this Declaration. 11.3.6 Preserve and Enhance Beauty of Arrowhead. To preserve, protect, maintain and enhance the appearance and natural beauty of the Common Property and the Arrowhead community generally. 11.3.7 Promotion of Health. Safety and Welfare. To advance, promote, enhance and protectthe health, safety and general welfare of the members of the Association, the residents of Arrowhead; provided, however, that the Association shall be and hereby is specifically prohibited from engaging in any political activity or any other activity whereby its status as a corporation not-for-profit or its exemption from Federal or state income taxation, if any, shall be forfeited or jeopardized. 11.3.8 Establish and Enforce Rules and ReQulations. To make, establish, promulgate and publish, and to enforce such rules and regulations for the protection and governing the use of the Common 28 e e Property as the Board of Directors of the Association deems to be in the best interest of the Association and its members. 11.3.9 Other Activities. To engage in any and all other activities permitted to be engaged in by a corporation not-for-profit under the laws of the State of Florida as may be necessary or appropriate for the achievement of the objects and purposes for which the Association has been created, formed and established. 11.3.10 Operate Without Profit. To operate without profit for the sole and exclusive benefrt: of its members and the Arrowhead community generally. 11.3.11 Surface Water ManaQement System. The Association shall be responsible for the maintenance, opperation and repair of the surface water or stormwater management system. Maintenance of the surface water or stormwater management system(s) shall mean the exercise of practices which allow the system to provide drainage, waterstorage, conveyance or other surface waterorstormwater management capabilities as permitted by the St. Johns River Water Management District. Any repair or reconstruction of the surfaces water or stormwater management system shall be as permitted or, if modified, as approved bt"-J the St. Johns Water Management District. (.0 CO 1'1 C:;l 11.4 Powers of Association. The Association, acting by and through its Board of Directors, shalf, in<=:) addition to those general and specific powers conferred upon it by law and those powers specified in its Articl~ of Incorporation and By-Laws, have the following specific powers: if1 (J 11.4.1 Own and Deal with Common Property. Except as may be limited by the terms ohhis ~ Declaration and the Articles of Incorporation and By-Laws ofthe Association, to acquire, own, hold, corftfhl, ~~ administer, manage, operate, regulate, care for, maintain, repair, replace, restore, preserve, protect, buy, s'ell, co lease, transfer, convey, encumber or otherwise deal in or with real or personal property, (or any interest therein, including easements) which is, or upon its acquisition by the Association shall thereupon become Common Property as defined in this Declaration. mo (.'::;11 C> -.-, ....'....n )> r- ::rJ rr1 (J -DO )'> ::rJ C")CJ I r] (f) 11.4.2 Lew and Collect Assessments. To establish, make, levy, impose, enforce and collect all Assessments and impose, foreclose and otherwise enforce all liens for Assessments for which provision is made in this Declaration and the Articles of Incorporation and By-Laws of the Association. 11.4.3 Establish Reserves. To create, establish, maintain, and administersuch capital expenditure reserve and other reserve funds or accounts as shall, in the discretion of the Board of Directors, be reasonably necessary to provide and assure the availability ofthe funds necessary forthe care, maintenance, repair, replacement, restoration, preservation, and protection of all Common Property, including all easements and facilities, and for such other purposes as the Board of Directors of the Association, in its reasonable discretion shall deem necessary or appropriate. 11.4.4 Sue and Be Sued. To sue and be sued and to defend any suits brought against it. 11.4.5 Borrow Money. Subject to the limitations specified in Section 11.5 of this Declaration and in the Articles of Incorporation ofthe Association, to borrow such money as may reasonably be required to discharge and perform the duties, responsibilities and obligations imposed upon the Association pursuant to this Declaration and the Articles of Incorporation of the Association. 11.4.6 Employ and Contract. To employ such persons or to contract with such independent contractors or managing agents as shall be reasonably required in order for the Association to carry out, perform and discharge all or any part of its duties, obligations and responsibilities pursuant to this Declaration 29 e . and the Articles of Incorporation of the Association; provided, however, that any such employment contract or contract with any independent contractor or managing agent for a term of more than one (1) year shall, by its express terms, be terminable (i) for cause at any time upon not more than thirty (30) days written notice by the Association and Oi) without cause at any time after one (1) year upon not more than sixty (60) days written notice by either party; and, provided further, that any such contract shall otherwise be subject to the provisions of Section 11.5 of this Declaration. 11.4.7 Provide Insurance. To provide and contract for such insurance protection on and for the Association and the Common Property and, consistent with their respective duties, responsibilities and liabilities, on and forthe members, officers and directors ofthe Association as well as on and forthe members of the ARB established pursuant to this Declaration. 11.4.8 Provide Public or Quasi Public Services. To itself provide equipment, facilities and personnel for or to contract with an independent contractor or independent contractors for such public or quasi-public services as may be deemed by the Association to be reasonably necessary or desirable for the common health, safety and general welfare of the residents of Arrowhead generally. ;-"-) 11.4.9 Enforce Declaration. To take such steps as may be necessary to enforce the provisi9,nsC':l ofthis Declaration, including, without limitation the employment of counsel and the institution and prosec~tfon 0-) of litigation to enforce the provisions of this Declaration including, without limitation, such litigation as mai~e C) necessary to collect assessments and foreclose liens for which provisions are made in this Declaratio~ r rrl 11.5 Limitations and Restrictions on Power of Association. In addition to such other restrictio~or limitations on the powers of the Association as may be imposed by law, elsewhere in this Declaration or in the Arti~1es C) of I ncorporation or By-Laws of the Association, and without limiting the generality of any thereof, the Association shall r.o) be prohibited from taking any of the following actions without the prior approval of a majority of the total voting pdwer I..D _ of the Association: 1...0 co C) c..:) -r; O-q -"'C) ):."7 r- :::rJ P'l () "00 :,-" :::::J C)CJ P1UJ 11.5.1 Contracts for a Term in Excess of One Year. The entry into any employment contracts or other contracts for the delivery of services or materials to the Association having a term in excess of one (1) year, except in the case of prepaid insurance, casualty or liability contracts or policies for not more than three (3) years duration; provided that the applicable contract or policy provides for and permits short rate cancellation by the insured. 11.5.2 Pledae of Assessment Riahts. The borrowing of any funds secured by a pledge, assignment or encumbrance of the right and duty of the Association to exercise its power to establish, make, levy, impose, enforce and collect any Assessments for which provision is made in this Declaration whereby as a result of such pledge, assignment or encumbrance such right and power of assessment may be exercised by a party other than the Association or whereby the Association shall become obligated to establish, levy, enforce and collect any Assessment or Assessments in a particular amount or within a particular time so as to effectively divert from the Association and its Board of Directors the right, duty and discretion to establish, make, levy, impose, enforce and collect Assessments in such amounts and within such time periods as the Board of Directors ofthe Association, in its discretion, shall deem to be necessary and reasonable. It is expressly provided, however, that the foregoing limitation and restriction upon the pledge, assignment or encumbrance of the assessment rights herein contained shall not preclude the Association from pledging or making an assignment of or otherwise encumbering any Assessment which is then payable to or which will thereafter, in the ordinary course ofthe Association's business, become payable to the Association provided that any such assignment, pledge or encumbrance, though then presently effective. shall allow and permit any such Assessments to continue to be paid to and used by the Association as set forth in this Declaration unless and until the Association shall default on the repayment of the debt which is secured by such pledge, assignment or encumbrance. 30 e e 11.5.3 Sale or Transfer of Real Property. The sale, transfer or other disposition, whether or not for consideration, of any real property owned by the Association as Common Property; provided, however, in no event shall the Association be entitled or empowered to sell, conveyor transfer any real property constituting Common Property transferred and conveyed by the Developerto the Association pursuantto the provisions of this Declaration without first receiving the prior written consent of the Developer. 11.5.4 Payment of Compensation to Officers or Directors. No payment to the elected directors orto officers of the Association for services performed in the conduct oftheir duties as such director or officer of the Association shall be permitted; provided, however, that nothing herein contained shall preclude the Association from reimbursing any such elected director or officer for reasonable expenses actually incurred and paid by any such elected director or officer in the conduct of the business and affairs of the Association; and provided, further, that nothing herein contained shall preclude the employment by the Association and payment of compensation to a manager or executive director of the Association who shall not be an elected director or officer of the Association. ('0 (n C) rr-; ,:::,. ARTICLE 12 ASSOCIATION: MEMBERSHIP AND VOTING RIGHTS -"- o 12.1 Membership. Every Ownershall automatically and mandatorily be a member ofthe Associatiop;:\Jpon becoming an Owner. Additionally, the Developer shall automatically and mandatorily be a member ofthe AssoQjqtion. Membership may not be refused, waived or surrendered, but a member's voting rights and use and enjoymenf"ofth9 Common Property may be regulated or suspended as provided in this Declaration and the Articles of Incorporatio~ By-Laws and rules and regulations of the Association. Notwighstanding anything to the contrary set forth in O~WhiCb may otherwise be implied from this declaration, the articles of incorporation, by-laws or rules and regulations of the association, neither membership in the association nor ownership of any lot or residential property in Arrpwhead shall confer upon any such member or owner any rights to membership in or any rights or privileges with respect to the use or enjoyment of any of the property or facilities of the Club, from time to time operated on the Club property, as membership in and the right and privilege to use and enjoy the property or facilities of the Club shall be conferred only by and within the sole and absolute discretion of the Club Owner, lessee or manager from time to time of the country club operated on the Club property. 12.2 Transfer of Membership. Membership in the Association shall be appurtenant to and may not be separated from the ownership interest of an Owner in the Lot, piece, parcel or tract of land within the Subject Property owned by such Owner. The membership of an Owner in the Association shall not be transferred, pledged or alienated in any way, except that such membership automatically be transferred and assigned to a transferee upon the transfer of the ownership interest required for membership in the Association. The Association shall have the right to record any such automatic transfer upon the books and records of the Association without any further action or consent by the transferring Owner or any transferee Owner. Any attempt to make a prohibited transfer of membership, however, shall be void and of no force and effect and will not be reflected upon the books and records of the Association. 12.3 Members' Ria hts. The rights of every member of the Association shall be subject to and governed by the terms and provisions not only of this Declaration, but, in addition, shall at all time be subject to the terms and provisions of the Articles of Incorporation, By-Laws and Rules and Regulations of the Association. 12.4 Builders Excluded. Notwithstanding the foregoing provisions of this Article, a builder or building contractor who, in the normal course of his or its business, purchases and thereby becomes the record Owner of a Lot for the purposes of constructing thereon a residential dwelling and related improvements for resale to and occupancy by a third party, shall not thereby become a member of the Association. Any Lot so owned and held by builder or building contractor shall, for the purposes of voting pursuant to this Declaration and the Articles of I ncorporation and By-Laws ofthe Association be deemed to be owned by the Developer. 31 GJO a .,., C) -'1 C) .....~o :> r- ::0 01 (") va :;"'-":;:a C)CJ III eJ) e e 12.5 Votinq Riqhts. An Owner's rightto vote shall vest immediately upon such Owner's qualification for membership as provided in this Declaration and the Articles of Incorporation and By-Laws of the Association. All voting rights of a member shall be exercised in accordance with and subject to the restrictions and limitations provided in this Declaration and in the Articles of Incorporation, By-Laws and Rules of the Association. 12.6 Classes of VotinQ Membership; Number of Votes. The Association shall have two (2) classes of voting membership as follows: 12.6.1 Class A. Class A members shall be all Owners of Lots with the exception ofthe Developer, until Class B membership has been converted to Class A membership, as provided in Section 12.6.2 of this Declaration and in the Articles of Incorporation of the Association, and after such conversion all Owners of Lots shall be Class A members. Class A members shall be entitled to one (1) vote for each Lot in which they hold the ownership interest required for membership; provided, however, that in the event that two (2) or more contiguous Lots or one (1) Lot and a portion of another Lot are owned in common by the same Owner and combined, developed and improved by such Owner as a single unified residential homesite, the Owner of any such combination of Lots shall only be entitled to one (1) vote for each such combination of Lots so owned) When more than one person or entity holds the ownership interest required for membership:))l the Association, each such person or entity shall be a member, but the single vote of such members with respect to the Lot owned by them shall be exercised as they, among themselves, determine. However, in n~v€A-P shall more than one (1) Class A vote be cast with respect to any Lot which is owned by more than one~rson or entity. The Association may, but shall not be obligated to, recognize the vote or written assent of ~y co- owner of a Lot, but the Association shall recognize the vote or written assent of a particular co-own~ w~o.., or which is designated by all co-owners entitled to cast the vote attributable to the Lot owned by sikh cp:: owners, provided that such written designation shall be delivered to the Association not less than twe~1)!-fo~ (24) hours prior to the taking of the particular vote in question. . _ CtJO 0'" (:;)-q :;":C:(J :> r- :;0 r, (J J C::) :>:-.::J c;; CJ [T1U> 12.6.2 Class B. The Class B member shall be the Developer. The Class B member shall be entitled to five (5) votes for each Lot in which the Developer holds the ownership interest required for membership; provided, however, that Class B membership shall cease and be converted to Class A membership when the total votes outstanding in Class A membership equals the total votes outstanding in Class B. Membership at which time Class B membership shall be terminated and the Class B member shall be entitled and required to vote as a Class A member. 12.7 Special Class A VotinQ Riqhts. Notwithstanding the foregoing provisions of Section 12.6, if at any time prior to the termination and conversation of Class B membership to Class A membership as provided in Section 12.6.2, the Class A members of the Association do not have sufficient voting power pursuant to the voting rights set forth in this Declaration and the Articles of I ncorporation and By-Laws of the Association to otherwise elect at least twenty percent (20%) of the total number of directors on the Board of Directors of the Association from time to time at any meeting of members at which directors are to be elected, then such Class A members ofthe Association shall, by majority vote among themselves, elect the number of directors required to equal twenty percent (20%) of the total number of directors on the Board of Directors of the Association. In the event twenty percent (20%) of the total number of directors is equal to any fractional number, the number of directors to be elected pursuant to this special Class A voting right shall be rounded to the next higher or whole number. In no event shall the Class A members be entitled to elect more than twenty percent (20%) ofthe total number of directors, adjusted for any fractional number as hereinabove provided, pursuant to the provisions of this special Class A voting right; it being specifically provided that the remaining vacancies on the Board of Directors of the Association shall be elected by Class B members ofthe Association. This special Class A voting right shall cease, terminate and expire simultaneously with the cessation and termination of Class B membership and the conversion of Class B membership to Class A membership as hereinabove provided in Section 12.6.2. 32 e e 12.8 Approval bv Members. Unless elsewhere otherwise specifically provided in this Declaration or the Articles of Incorporation or By-Laws ofthe Association, any provision ofthis Declaration ofthe Articles of Incorporation and By-Laws of the Association which requires the vote or approval of a majority or other specified fraction or percentage ofthe total voting power of the Association or any class or classes of membership therein shall be deemed satisfied by either, both or a combination of the following: 12.8.1 The vote in person or by proxy of the majority or other specified fraction or percentage of th~ membership at a meeting duly called and noticed pursuant to the provisions ofthe By-Laws of the Ass?~ati~ftl dealing with annual or special meetings of the members of the Association. =~ ~ ::r~ 12.8.2 Written consents signed by the majority or other specified fraction or percentage of m~bers. M CJ o C) ""Tl (.",) r 0 13.1 Easements Generallv. The Developer, on behalf of itself and for the benefit, where so stated, Ph the County, the City, the Association, all Owners, the Club Owner, and other specified parties, and also for the benefit of all real property from time to time included within the Subject Property, hereby creates, declares and reserves the following easements upon those affected portions of the Subject Property hereinafter specified. QJ C) C) -'1 (~ ,.., -"(J J:."7 ARTICLE 13 EASEMENTS f- ;'1 fT1 CJ -00 :,-~. :::0 C)CJ ITI(/) 13.2 Utility Easements. There are hereby created, declared, granted and reserved for the benefit of the Developer, the Club Owner, the County, the City, the Association, all Owners and any public or private providers of utility services to the Subject Property and their respective successors and assigns an non-exclusive easement for utility purposes over, under, within and upon all other utility easements and easement areas shown on the Plat or Declaration for the purposes of constructing, installing, inspecting, maintaining, repairing and replacing from time to time any and all utility lines, systems and facilities from time to time located therein or therein, specifically including but not limited to electric power, natural gas, telephone, potable water, sanitary sewer, cable television, effluent water and electric gate services. 13.3 DrainaQe Easements. There is hereby created, declared and reserved for the benefit of the Developer, the Association and all Owners a non-exclusive easement for storm water collection, retention, detention and drainage over, upon and within all drainage easements shown on the Plat or otherwise reserved, declared or created pursuant to this Declaration, together with an easement and license to enter upon such easements and easement areas for the purposes of constructing, installing, inspecting, maintaining, repairing and replacing any and all storm water drainage systems, improvements and facilities from time to time located therein or thereon. Additionally, the Developer for the benefit of itself, the Association and all Owners hereby reserves easement over any and all other portions of the Subject Property; provided, however, that any such additional drainage easements shall not unreasonably interfere with the use and enjoyment by any Owners of the particular Lots or any Improvements from time to time placed, located, constructed, erected or installed thereon. The Club Owner has also created certain drainage easements for the benefit of Arrowhead on the Club property as depicted on the Plat and separate drainage easement plats. In addition to the foregoing, the Association shall have a perpetual non-exclusive easement over all areas of the surface water or stormwater management system for access to operate, maintain or repair the system. By this easement, the Association shall have the right to enter upon any portion of any lot which is a part of the surface water or stormwater management system, at a reasonable time and in a reasonable manner, to operate, maintain or repair the surface water or stormwater management system as required by the St. Johns River Water Management District permit. Additionally, the Association shall have a perpetual non-exclusive easementfordrainage over the entire surface water or stormwater management system. No person shall alter the drainage flow of the surface water or stormwater management system, including buffer areas or swales, without the prior written approval of the St. Johns River Water Management District. 33 e e 13.4 Access and DrainaQe Easement. There is hereby created, declared, granted and reserved for the benefit of the City and St. Johns River Water Management District, a non-exclusive easement over and upon the Common Streets and all drainage easements comprising an appurtenant to the Surface Water Management System for the purpose of undertaking emergency maintenance and repairs to the Surface Water Management System in the event that inadequate maintenance or repair of the Surface Water Management System shall create a hazard to the public health, safety or general welfare. To the extent that the City or the St. Johns River Water Management District shall in fact undertake any such emergency work because of inadequate maintenance and repair by the Association, the City shall have a lien upon the Common Property as security for the payment by the Association of those costs reasonably incurred by the City in connection therewith. It is expressly provided, however, that the creation, declaration and reservation of such Access and Drainage Easement shall not be deemed to impose upon the City or the St. Johns River Water Management District any obligation, burden, responsibility or liability to enter upon the Subject Property or any portion thereof to take any action to maintain or to repair the Surface Water Managemen~',5 System or any portion or portions thereof. C0 C:C) r-r 1 r...n 13.5 Side Yard DrainaQe and Utility Easements. There is hereby created, declared, grantec8md::.:J reserved for the benefit of the Developer, the Association, all Owners and all public or private providers of ~lity services to the Subject Property and their respective successors and assigns a non-exclusive easement for drainage and utility purposes in that area which is adjacent to and within seven and one-half (7.5') feet on either side oHny side boundary or lot line and long all rear lot lines, except adjacent to street rights of way, unless otherwise shownO on the Plat. It is expressly provided, however, that to the extent that any two (2) or more contiguous Lots or portiQnsC..; of contiguous Lots which share a common side yard Lot or boundary line are owned in common by a single OwnerC) and are combined, developed and improved by the Owner thereof as a single unified residential home site, any Side (...) Yard Drainage and Utility Easement lying adjacent to the boundary between the Lots so combined shall automatically considered moved to the perimeter of the combined Lots, and as required be terminated, cancelled and extinguished without the requirement of any separate instrument and without the necessity for the joinder of the Developer, the Association or the City; provided and to the extent that any such side yard Drainage and Utility Easement is not then in use. mo C)-" C)-" /.C) :t> r- ::rJ fTl () ,)0 >7) we) ('1 (f) 13.6 Golf Course Easement. The Lots are located within a golf course community and will be subjected to the usual and common noise level associated with playing the games of golf, tennis and swimming and with maintenance ofthe Club, including, but not limited to, such odors and noises caused by any machinery and equipment used in maintaining the Club. Such noise may occur on or off the Club facilities, including early morning and late evening. There is hereby created, declared, granted and reserved for the benefit of the Club Owner, and its employees, agents, invitees, members and guests a non-exclusive easement with respect to such noise and for ingress and egress, to, from and over and upon all portions of the Subject Property, which are located nearby and adjacent to the Club property for the purpose of allowing golf balls to travel over and into and to come to rest upon and be retrieved from any and all portions ofthe Subject Property. The Club Owner, and its employees and agents, shall have the right to enter upon any portion of the Subject Property for any reason in connection with the operation and maintenance of the Club. Neither the Developer, nor the Club Owner nor their respective employees, agents, invitees' members or guests shall have any liability or responsibility whatsoever for any property damage occasioned by or personal injury to any person, whether an Owner, a member of such Owner's family or any employee, guest or invitee of such Owner, who or which is accidentally struck by a golf ball which shall travel beyond the boundaries of the golf course located on the Club property or for any damage caused in connection with the maintenance of the Club property. Moreover, the travel, entry within and coming to rest of golf balls over, upon or within any property nearby or adjacent to the Club property shall not be deemed to be or constitute a nuisance or hazard to the health, safety or welfare of any Owner and no injunctive relief or damages therefor shall be recoverable by any party or granted by any court; it being expressly agreed by each Owner that the risk of such personal injury or damage to property has been assumed by such Owner on behalf of himself, the members of his family and his employees, guests and other invitees at the time of the acceptance of a deed or other conveyance to a Lot. 34 e e 13.7 Berm and Swale Easements. There is hereby created, declared, granted and reserved for the benefit of the Developer, the County, the City, the Club Owner and the Association a drainage easement over and upon all berm and swale easement areas, if any, shown on the Plat, together with an easement and license to enter upon such berm and swale easement areas for the purposes of constructing, installing, inspecting, maintaining, repairing or replacing environmental berms and swales and their associates storm water drainage retention/detention areas constituting a part of the Surface Water Management System for the Subject Property. Alteration and/or removal of the berm, swale and associated storm water retention/detention system constructed and installed within such berm and swale easement areas shall be prohibited. The Developer has constructed a drainage swale upon certain Lots for the purpose of managing and containing the flow of excess surface water, if any, found upon such lot from time to time. Each Lot Owner, including builders, shall be responsible for the maintenance, operation and repair of the swales on the lot. Maintenance, operation and repair shall mean the exercise of practices, such as mowing and erosion repair, which allow the swales to provide drainage, water storage, conveyance or other stormwater management capabilities as permitted by the St. Johns River Water Management District. Filling, excavation, construction of fences or otherwise obstructing the surface water flow in the swales is prohibited. No alteration of the drainage swale shall be authorized and any damage to any drainage swale, whether caused by natural or human- induced phenomena, shall be repaired and the drainage swale returned to its former condition as soon as possible by the Owner(s) of the Lot(s) upon which the drainage swale is located. 1--0 (!J co 13.8 Association Easement. There is hereby created, declared and granted to the Association,~!Jcf"C,'l easements over and upon all or any portion of the Subject Property, as may be reasonably necessary to perm!Hhee.::> Association to carry out and discharge its duties, obligations and responsibilities under and pursuant to2fhis Declaration and the Articles of Incorporation, By-Laws and Rules and Regulations of the Association. ~ () 13.9 Common Property Easement. There is hereby created, declared, granted and reserved foRheC) benefit of the Developer, the Association and each Owner a non-exclusive easement upon and the right and privll~e ~ of using any or all of the Common Property. [ 13.10 EffluentWaterlrriQation Easement and Covenant. Forthe benefit ofthe City and the Club Owner, each Lot Owner shall be obligated to irrigate (and pay the applicable recurring fees established by the City for such effluent) the landscaped areas of his/her Lot with effluent water provided through the mains constructed for such purpose by the Developer, City or Club Owner. The rules and procedures for such irrigation and the fees shall be established by the City in its discretion, including but not limited to a requirement to spray a designated minimum amount of effluent water on each Lot, irrespective of the amount of rainfall which may have occurred. Nothing herein contained shall obligate the City or the Declarants to provide such effluent water to the Lots. 13.11 InQress and EQress Easement. There is hereby declared and reserved for the benefit of the Developer, the Association, each Owner, the Club Owner and their respective employees, guests, invitees, governmental bodies, and all public and private persons and agencies providing delivery, fire protection, law enforcement, utility and other governmental services, a non-exclusive easement for pedestrian and vehicular ingress, egress and passage over and upon the rights-of-way of the Common Streets as depicted on the Plat. Such easements shall be subject to and limited by reasonable security controls including temporary stoppage and interruption atthe security gate for identification purposes, as may from time to time be established by the Association. 13.12 Wall and Landscape Easements. There is hereby declared and reserved for the benefit of the Developer and the Association an easement upon all Wall and Landscape Easement areas shown on the Plat, together with the easement and license to enter upon such areas for the purpose of erecting, installing, maintaining, repairing and replacing any and all walls and fences as may be required by the City or deemed to be desirable or necessary by the Developer orthe Association. The easement and license shall also be for the purpose of installing, maintaining and replacing any and all landscaping, trees, grasses, shrubs, plants and irrigation systems, whether required by the City or deemed necessary or desirable by the Developer or the Association. 35 COO C) '1 C) '1 -.-"0 :;:..., ~ r- :;:8 fT1 c> -0C) )"> ::..0 C)CJ 1'1 (j) e e 13.13 Construction and Sales Easement. Developer reserves for its benefit and for the benefit of its' agents, employees, builders, contractors and other parties, an easement for construction activities, marketing and sales, signs and a sales and administrative center from which Developer and its' authorized agents and builders may engage in sales and construction activities during the development and sales of Arrowhead. The location may be changed from time to time by the Developer in its' sole discretion. 13.14 Future Easements. There is hereby reserved to the Developer and its successors and assigns, together with the right to grant and transfer the same, the right, power and privilege to, at any time hereafter, grant to itself, the Association, the Club Owner, the City, the County or any other parties such other further and additional easements as may be reasonably necessary or desirable, on the sole opinion and within the sole discretion of the Developer, subject to the reasonable approval of the City, for the future orderly development of Arrowhead in accordance with the objects and purposes set forth in this Declaration. Any such easement(s) shall be recorded in the Official Records of the County. It is expressly provided, however, that no such further or additional easements shall be granted or created over and upon any Lot pursuant to the provisions of this Section if any such easement shall interfere with the easement shall unreasonably interfere with the presently contemplated or future use and development of a particular Lot as a single family residential home site. The easements contemplated by this Section may include, without limitation, such easements as may be required for utility, drainage, road right-of-way or othe(0 purposes reasonably related to the orderly development of Arrowhead in accordance with the objects and purP9see.:> specified in this Declaration. Such further or additional easements may be hereafter created, granted, or re~cer;ve~) by the Developer without the necessity for the consent or joinder of the Owner of the particular portion of the S~me<<tJ Property over which any such further or additional easement is granted or required. 23 ,- fTl () o C) _., W 14.1 Reservation of Architectural and Landscape Control. To ensure that the developmEtnl oP Arrowhead will occur with construction of the highest quality in accordance with consistently high architectural~11 ecological, environmental and aesthetic standards to create and thereafter maintain, preserve and protect within Arrowhead a unique, pleasant, attractive and harmonious physical environment, the Developer hereby reserves exclusively unto itself, forthe duration hereinafter specified, the right, privilege, power and authority to review, approve and control the design, placement, construction, erection and installation of all Improvements of any kind, nature of description, including landscaping, upon all Lots and all Common Property. Such control of the Developer shall be exercised through the Board in the manner hereinafter provided in this Article. CD 0 0"" o ""Tl ::~n ARTICLE 14 ARCHITECTURAL AND LANDSCAPE CONTROL ).> r ;0 ,., () "'00 )>?J C)Cl P1U) 14.2 Architectural Review Board Established. The Association at all times shall have the ARB as a standing committee, consisting of at least three (3) persons. ARB members are appointed by, and serve at the pleasure of, the Board, unless the Board from time to time constitutes itself as the ARB. The Board from time to time may designate alternate members, to serve in the absence of any regular member. Absent Board action to the contrary, the Board is deemed to have constituted itself as the ARB. ARB members need not be Directors of the Association or Association members. No ARB member is entitled to compensation for services performed; but the Board may employ independent professional advisors to the ARB and allow reasonable compensation to such advisors from Association funds. Any ARB action may be taken by a simple majority of its members, with or without a formal meeting or joint deliberation, so long as each member is informed in advance of the action proposed. 14.3 ARB Authoritv. The ARB has full authority to regulate the exterior appearance of the Lots and Improvements to: (i) assure harmony of external design and location in relation to surrounding buildings and topography; and Oi) to protect and conserve the value and desirability of the Subject Property as a residential community. The power to regulate includes the power to prohibit those exterior uses, structures, conditions or activities inconsistent with the provisions of this Declaration or otherwise contrary to the best interests of all Owners in maintaining the value and desirability of the Subject Property as a residential community. The ARB's authority includes any matter affecting the exterior appearance of Lots and Improvements. 36 e e 14.4 ARB Approval. No building, improvement, structure, addition, landscaping, attachment, condition, excavation, alteration, or change 0ncluding any color change) may be made, installed, maintained, restored, or permitted to remain on or to the exterior of any Lot, unless made, installed, maintained, or restored, as the case may be, substantially in compliance with plans and specifications reviewed and approved by the ARB in advance. Notwithstanding the foregoing, ARB approval is not required for 0) restoration of any previously approved building, structure, or other item that is substantially identical in all respects to the original work, as approved, or 0i) for any item that is concealed from view from the frontage streets, the Club property and any adjoining Lots by improvements, structures, fencing, vegetation, or other items previously approved by the ARB. 14.5 Obiective Standards. In addition to any other express standard that may be provided by this Declaration, all actions by the ARB must: (i) assure harmony of external design, materials, and location in relation to surrounding buildings, trees and topography within the Subject Property; and 0i) protect and conserve the value and desirability ofthe Subject Property as a residential community; and (iii) not conflict with the express provisions of this Declaration, the Articles and the By-Laws; and 0v) otherwise be in the best interests of all Owners in maintaining the value and desirability of the Subject Property as residential community, and the best interest of the Club and Club Owner. 14.6 Rules and Requlations. The ARB from time totime may adopt and amend reasonable, uniform rules> and regulations as to all matters within the scope of its authority, including procedural matters, and may ad~f')t and> amend Design Standards at any time and from time to time, with any such adoption or amendment to be wiftjin ttil' sole and absolute discretion of the ARB, so long as such rules and regulations and any amendments to the B.esigIT> Standards are: (i) consistent with the provisions ofthis Declaration, the Articles, and the By-Laws; and 0i) ifthef80ard has not constituted itself as the ARB, approved by the Board before taking effect. Rules and regulations a~apted pursuant to this Section have the same force and effect as the Association's other rules and regulations ami arc:::, enforced by the Board in the name of the Association. ~ W -., 1-:- 0 14.7 Subiective Judqment. In addition to complying with the objective standards of this Declaration, an~ applicable Design Standards, and any applicable rules and regulations, Developer specifically intends the ARB members to exercise an informed, subjective aesthetic judgment as to any matters within the ARB's authority that is conclusive and binding upon any person affected, absent bad faith, mistake, or deliberate, intentional discrimination that cannot be justified on any rational basis. Without limitation, and in recognition of the fact that each Lot is unique, no ARB action with resect to any particular Lot necessarily is of any precedential value with respect to any other Lot. Specifically, the fact that the ARB may have approved or denied a particular installation, condition, activity, or item with respect to any particular Lot does not, by itself, constitute grounds for requiring such approval or denial with respect to any other Lot. Each application for ARB action must be evaluated on its own merits, with the ARB exercising the broadest discretionary judgment that is consistent with the requirements of this Declaration. The intention is not to discourage creativity upon the builders and Lot Owners nor to impose a uniform appearance within Arrowhead. The ARB's right to disapprove any proposed matter for any reason shall not be precluded by the inclusion of any recommendation in this Declaration. Questions with regard to interpretation of any subject shall be directed to the ARB, which will make every effort to clarify and interpret the covenants and guidelines. coo C:) ." 0-" ,.,.........n > r- ;0 rr1 o -00 >;0 C)CJ 1'1 U) 14.8 Review. The Board from time to time may appoint one or more persons to make preliminary review of any applications to the ARB and report such applications with such person's advisory recommendations for ARB action. If the Board has not constituted itself as the ARB, provision must be made for review by the Board of ARB decisions at the request of the applicant, subject to such reasonable limitations and procedures as the Board considers appropriate. The Association's procedures for review and enforcement of the provisions of this Article in all events and at all times must provide any affected person with reasonable advance notice and a reasonable opportunity to be heard in person and through appropriate representatives of such persons's choosing in a reasonably impartial manner. The design and construction review process includes Conceptual Approval, Final Approval and Inspection of Improvements, including but not limited to the analysis of a Lot based on its orientation and natural features, and the siting of a home on the Lot and proposed hardscape and landscape elements; the style, building 37 e e materials, detailing and colors; and directions to be followed by the builder to assure the quality of construction and the maintenance of a well kept job construction site. 14.9 Conceptual Approval. The plans and materials for all Improvements are submitted to and reviewed by the ARB before construction may begin. Application forms are available from the ARB, which forms furnish the ARB with the basic information needed to review plans, and function as a checklist so that all design aspects are considered. A Conceptual Approval shall not constitute approval for the commencement of construction. A Conceptual Approval is not mandatory, but shall be provided as a convenience for the Lot Owners and builders. Three (3) sets of the following shall be submitted for Conceptual Approval (which shall be designed by a licensed architect or person of comparable professional competence): (i) conceptual site plan reflecting the approximate dimensions and locations of any and all improvements; Oi) floor plan concept; Oii) concept exterior elevations; Ov) concept landscape plan; and (v) any and all other data, information and drawings as reasonably requested by the ARB. 14.10 Final Approval. No construction of any Improvement shall be commenced upon any Lot until the City has issued the applicable permits and the final specifications and plans reflecting the proposed nature, design,i"0 shape, kind, color, size, materials and location of same have been submitted to and received Final Approval bY.,~et? ARB. Construction must commence within ninety (90) days from date of Final Approval or Final Approval is ~d. ': 1 Should Final Approval be granted subject to conditions, such conditions shall be satisfied within sixty (60) da@of C) issuance or Final Approval shall be void. Submittals for Final Approval include a minimum of three (3) sets ot;lhe following (which shall be designed by a licensed architect or person of comparable professional competence}:r(i) plans, types of materials, elevations and other information associated with any other ornamentation or other ~Je 0 improvement, including exterior lighting, mailboxes, walls, fencing and screening, decks, patios, pools, porches and CJ signage; Oi) color pieces and samples of all exterior finishes and materials to be incorporated into the plan; (iii) pl~s 0 at a minimum scale of 1/4" equalling 1'0" for all cross section, floors and elevations including projections and wing -..J walls showing total square feet of air conditioned living areas; Ov) irrigation and landscape plans at a minimum scale of 1" equalling 20' stating the type, size and location of existing tree and proposed New Tree locations;-the location of all planting areas including existing plant materials incorporated into the plan; the quantity, size and specie of all stock at the time of planting; also an irrigation plan including the water source supply; location and size of any trees having a diameter of two (2'') inches or more proposed to be removed from the site; (v) site plan at a minimum scale of 1" equalling 20' reflecting a grading and clearing scheme with proposed and existing land grades, contours and flow of the site drainage system; and the locations and dimensions of all building, access drives, parking, utilities (water, power, septic system, telephone, cable, etc.), street pavement location and all other proposed improvements to said site. Site plans shall show the location of existing storm water inlets, street lights and telephone, cable T.V. and electric power junction boxes; and data, drawings and other such information as may be requested by the ARB. The ARB may require a rough stakeout of the proposed construction prior to providing Final Approval. coo C> -<1 '..::J --q -'C) ):... r :::0 Fl () -nC) ):.;>:rJ (.; CJ 1T\(j) 14.11 Inspection and Construction. Construction of all Improvements must be commenced not laterthan ninety (90) days (or such longer time period as the ARB may specify) from the date that the ARB issues its written approval of the final plans and specifications therefor. If construction does not commence within such period, the plans and specifications must once again be reviewed and approved by the ARB and any prior approval of the same by the ARB shall no longer be binding on the ARB. Upon commencement of construction, such construction shall be prosecuted diligently, continuously and without interruption to completion within a reasonable time; but in no event more than eight (8) months from the date of the commencement of such construction. The ARB may extend the period permitted for construction, as aforesaid; provided that the Lot Owner and general contractor involved make written application for such extension stating the reasons for the requested extension of time and the ARB determines that the request is reasonable and the extension is warranted. Upon completion of construction, a Lot Owner or builder shall give written notice to the ARB using the transmittal form provided by the ARB. The ARB will retain the right to enter upon and inspect any property at any time before, during or after the completion of work for which approval is required. With reference to the completion of construction notice supplied to the ARB, a final survey and a copy of the certificate of occupancy for the newly constructed Improvement shall be attached to same. Upon 38 e e completion of construction, the ARB will complete a formal inspection of the home and site improvements. Intermediate inspections may also be done by the ARB at any time during construction to verify compliance with the approved construction drawings. As soon as a foundation survey is obtained, a copy is to be forwarded to the ARB. No foundation for a building shall be poured unless the same complies with the site plan approved by the ARB. 14.12 Applications. Any applications for ARB approval must be accompanied by three (3) sets of plans and specifications, together with such renderings, samples, models, and other information as the ARB reasonably may require. Any application submitted other than by an Owner must attach the Owner's written consent to the approval requested. If requested, the ARB may require the preliminary staking of such improvements and structures according to such plan for ARB inspection. Any costs of filing and processing an application pursuant to this Article are at the expense of the applicant; and the Association may impose a reasonable, uniform fee "Application Fee" to defray its costs and a deposit "Compliance Deposit" be posted to assure builder compliance with the construction requirements, which shall be refunded at completion of construction to the extent not applied to ARB costs to cause compliance. The Application Fee is initially set at THREE HUNDRED FIFTY ($350.00) DOLLARS, and the Compliance Deposit is initially set at ONE THOUSAND ($1,000.00) DOLLARS, both subject to change (or additional charge for multiple ARB reviews) by the ARB from time to time. 14.13 Procedure. Within thirty (30) days after receiving an application, the ARB either must approve th,~'0 application submitted or notify the application of (1) the ARB's intent to deny the application, or Oi) any addition~ plans, specifications, drawings, or other items that the ARB will require to act upon the application, or (iii) both;of th,~ foregoing. The ARB's failure to so notify the applicant operates as an approval of the application as submitted. ~Qpob receiving the foregoing notice, the applicant may request a hearing before the ARB, at which the applicant, pe~ally and through representatives of the applicant's choosing, is entitled to a reasonable opportunity to be hear~n a reasonably impartial manner, after reasonable advance notice. No particular formality is required for any ofthe AAB's proceedings, including any hearing, nor is any record required other than a written statement fairly summarizi~ the=) material features of any ARB action. Unless the applicant agrees otherwise, the ARB must approve or disaPAtpve...J any application within thirty (30) days after receipt. F <:::) 0) 14.14 Approval. The ARB's approval is deemed given under any of the following circumstances: Q) the ARB fails to deny any application within thirty (30) days after receipt, unless the applicant agrees to a longer period of time; or (ii) the committee fails to notify the applicant of its intent to deny an application, or that further information is required, within thirty (30) days after receipt of an application, as provided in the preceding Section; or (iii) no suit, action, or other proceeding is instituted by the Association within one year after substantial completion with respect to any use, activity, structure, installation, condition, or other item installed, maintained, or restored without application to the ARB. I n all other events, the ARB's approval must be in writing and endorsed upon two sets of the plans and specifications, one of which must be returned to the applicant and one retained in the Association's permanent records for a period of at least five years. Upon completion of the approved work, the applicant and any architect, engineer, contractor, or other reasonable professional must certify to the Association in writing that the work has been completed substantially according to the approved plans and specification; and no statute of limitations begins to run in favor of Owner or other applicant with respect to any substantial non-conformity to the approved plans and specifications until such certificate is filed. OJ C> C) -Tl C> -Tl -', C) ;:..~ r- ;:0 1'1 (""') ""DO }>;o C) C:J [TjU} 14.15 Chanaes. Any material change to any plans and specifications previously approved by the ARB also must be approved by the ARB as provided in this Article, except that the ARB will expedite, to the extent practical, any such application that is made while construction is in progress. The ARB in no event is required to act upon any such application in less than ten (10) days. 14.16 Noncompliance and Notice of Action. This Declaration has granted to the ARB vast discretionary powers regarding the removal or remedy of any noncompliance. Should the ARB discover that any Improvement was not constructed or performed in substantial compliance with the submittals that received final approval, the Association orthe ARB may remove or remedy the noncomplying improvement and charge the action to the Lot Owner or builder. 39 e e . No suit, proceeding, or other action to enforce the provisions of this Article may be commenced or continued, nor may any of the provisions of this Article be enforced, against any person who acquires any interest in a Lot without actual knowledge that a bUilding or other structure Oncluding walls and fencing) was installed, maintained, or restored, as the case may be, in violation of the requirements of this Article unless such suit, action, or other proceeding is commenced within one year after such building or other structure was substantially complete and a lis pendens or other notice of the pendency of such action is recorded within such time period. No such action may be commenced, continued, or otherwise enforced against any purchaser or creditor who acquires an interest in, or a lien upon, any Lot for value, other than pre-existing indebtedness, and without actual knowledge of any such violation, if such purchaser or creditor obtained a statement under oath from the applicable Owner that no violation existed on such Lot at the time value was given or paid. Upon payment of any reasonable uniform charge that the Association from time to time may impose to defray its costs, the Association within ten (10) days after request will issue an appropriate certificate of compliance or noncompliance, as the case may be, with the provisions of this Article that is binding and conclusive as to the information it sets forth upon both the Association and any person without actual knowledge to the contrary. 14.17 Developer Action. Notwithstanding any provision ofthis Article, no ARB approval is required for any residential dwelling or any of its appurtenances constructed by Developer on any Lot as part of the development of Arrowhead, so long as it otherwise conforms to the applicable requirements of this Declaration. The foregoing exemption is for the exclusive benefit of a Developer and may not be extended by a Developer to any building or anYi") Owner other than a Developer. (._).:0 ~ .~~ 14.18 Exculpation for Approval or Disapproval of Plans. Developer, any and all members oftheetRBO and any and all officers, directors, employees, agents and members of the Association, shall not, either jointJY)or severally, be liable or accountable in damages or otherwise to any Owner or other person or party whomsoev~or whatsoever by reason or on account of any decision, approval or disapproval of any plans, specifications or o..ther materials required to be submitted for review and approval pursuant to the provisions of this Article, or for any mistake C) in judgment, negligence, misfeasance or nonfeasance related to or in connection with any such decision, appro.~al ~ or disapproval. Each person who shall submit plans, specifications or other materials to the ARB for consent or '...D approval pursuant to the provisions of this Article, by the submission thereof, and each Owner by acquiring title to any Lot or any 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 the Developer, the ARB, the Club Owner, the Association nor any individual member, officer, director, employee or agent of any of them for the purpose of recovering any such damages or other relief on account of any such decision, approval or disapproval. Additionally, plans, specifications and other materials submitted to and approved by the ARB, or by Developer or Board of Directors of the Association on appeal, shall be reviewed and approved only as to their compliance with the provisions of this Declaration and their acceptability of design, style, materials, appearance and location in light of the standards for review and approval specified in this Declaration and the Design Standards, and shall not be reviewed or approved for their compliance with any applicable Governmental Regulations, including, without limitation, any applicable building or zoning laws, ordinances, rules or regulations. By the approval of any such plans, specifications or materials, neither the Developer, the ARB, the Association, nor any individual member, officer, director, employee or agent of any of them, shall assume or incur any liability or responsibility whatsoever for any violation of Governmental Regulations or any defect in the design or construction of any building, structure or other Improvement, constructed, erected, placed or installed pursuant to or in accordance with any such plans, specifications or other materials approved pursuant to this Article. COO C) -r; (::) -. , .....- C') .I~: r- ., r-, , S'i -0,_. I )...~7-- I C)c. Pl(J. ARTICLE 15 AMENDMENT 15.1 Amendment bv Developer. Subject to the provisions of Section 15.5 of this Declaration, until December 31, 2010 the terms and provisions of and the covenants, conditions, restrictions, easements and reservations set forth in this Declaration may be changed, amended or modified from time to time by the Developer 40 e - .. in its sole, but reasonable discretion, and without requiring the joinder or consent of any person or party whomsoever, including the Association or any Owner or Owners. 15.2 Amendment bv Association. Subjectto the provisions of Section 15.5 ofthis Declaration, the terms and provisions of an the covenants, conditions, restrictions, easements and reservations set forth in this Declaration may be changed, amended, or modified at any time and from time to time by the Association upon the affirmative written consent or the vote of not less than seventy-five percent (75%) of the total voting power of the members of the Association; provided, however, that until December 31, 2010 no such change, amendment or modification by the Association shall be effective without the Developer's express written joinder and consent. No Amendment is permitted which would adversely impact the Club, without the consent of the Club Owner. 15.3 Manifestation of Requisite Consent. The case of any change, amendment or modification of this Declaration by the Association which requires the affirmative written consent or vote of members of the Association as hereinabove provided in Section 15.2, the acquisition of the requisite written consent or vote of members shall be manifested on the face of the amending instrument in a certificate duly executed and sworn to before a notary public by the President and Secretary of the Association affirmatively stating that such requisite affirmative written consent or vote has, in fact, been acquired or obtained prior to the recordation of such amending instrument among the Official Records of the County. Such certificate shall be and constitute conclusive evidence of the satisfaction oft~ provisions of Section 15.2 of this Declaration with respect to the change, amendment or modification "of Lrnj) Declaration effected by the amending instrument of which such certificate is made a part. b~ ell ::.: 0 15.4 Effectiveness of Amendments. All changes, amendments or modifications of this Declarat~ shall be manifested in a written amending instrument duly executed by the Developer or the Association, or both,~~ may from time to time be required pursuant to the provisions of this Article, and shall be duly recorded among theAfficial Records ofthe County. Such change, amendment or modification ofthis Declaration shall be effective as oftrte daw of such recordation or such later date as may be specified in the amending instrument itself. ~ W r- 15.5 limitations on Amendments. Notwithstanding anything to the contrary set forth in this Decl;ratio<ii? the rights of the Developer and the Association to change, amend or modify the terms and provisions of and covenants, conditions, restrictions and easements and reservations set forth in this Declaration and any amendment hereof shall at all time be subject to and limited and restricted as follows: cuo c,-q o-q ~ '(J :r.~ 1- ;v J.. ("") -00 J:> ?.J (;)0 Pl (,/) 15.5.1 This Declaration and any amendment hereof shall at all times be subject to the rules, laws, ordinances and codes of the City, the County and all other applicable governmental entities, and this Declaration shall not be amended without the approval of the City if the amendment shall impact the City's rights with the respect to the Subject Property. 15.5.2 To the extent that particular rights or interests are expressly conferred upon or granted to the Club Owner or the City to this Declaration, the particular terms and provisions of this Declaration pursuant to which any such rights and interests are conferred upon and granted to the Club Owner or the City shall not be changed, amended or modified without the priorwritten consent and joinder of the Club Owner, the County and/or the City, as the case may be. 15.5.3 To the extent that any term or provision of this Declaration may be included herein in satisfaction of any conditions to approval of the Land Use Plan for the Tuscawilla PUD, as any conditions to approval may, from time to time, be changed, amended or modified by the City pursuant to appropriate law or by action of the Board of Commissioners of the City, such terms or provisions of this Declaration shall not be changed, amended, or modified or otherwise deleted or eliminated from this Declaration without the prior written consent and joinder of the City, as the case may be. 41 e e . . I . 15.5.4 This Declaration may not be changed, amended or modified in such manner as to terminate or eliminate any easements granted or reserved herein to the Developer, the Association, the Club Owner or the City, respectively, without the prior written approval of the Developer, the Association, the Club Owner or the City, as the case may be, and any attempt to do so shall be void and of no force and effect. 15.5.5 This Declaration may not be changed, amended or modified in any fashion which will result in or facilitate the dissolution of the Association or the abandonment or termination of the obligation of the Association to maintain the Common Property, and/or the obligation of the Association to establish, make, levy, enforce and collect Assessments for such purposes. 15.5.6 This Declaration may not be changed, amended or modified in any fashion which would affect the Surface Water Management System, or its maintenance by the Association, without the prior written consent and approval of the St. Johns River Water Management District. 15.5.7 This Declaration may not be changed, amended or modified in such fashion as to ch9fl.JJe, amend, modify, eliminate or delete the provisions of this Section 15.5 of this Declaration without the :PSor C':J 0 written consent and joinder of the Developer, in any case, and to the extent of any proposecf~$hctl)g.e, ;~ ~ amendment or modification which shall affect the rights of the City, or the St. Johns River Water Marf;fuell'lmlt :::.; z-=) District hereunder, the same shall require the written consent and jOinder of the City, or the St. Jo@s River > Water Management District, as the case may be. r r- fT1 :;u 1'-' () <:::) () C) vO ., W >:;u r-- C) CJ P'IU> ARTICLE 16 DURA TJON The terms and provisions of and covenants, conditions, restrictions and reservations set forth in fFiJs Declaration shall continue and be binding upon the Developer and the Association and upon each Owner and all Owners from time to time of any portion of the Subject Property and their respective successors and assigns and all other persons, parties or legal entities having or claiming any right, title or interest in the Subject Property by, through, or under any of them, for a period of sixty (60) years from the date this Declaration is recorded among the Official Records of the County, after which time this Declaration and the covenants, conditions, restrictions and reservations set forth herein, as the same shall have been changed, amended or modified from time to time, shall be automatically extended for successive periods of ten (10) years unless an instrument of termination is executed by the Developer and Association Upon the affirmative written consent or the vote of note less than ninety-five percent (95%) of the total voting power of the members ofthe Association (certified as provided in this Declaration), with the consent and joinder of the City, shall be recorded among the Official Records of the County at least one (1) year prior to the end of the initial term or any subsequent extension term of this Declaration. Each of the easements herein declared to be created, granted or reserved shall continue to be binding upon the Developer and the Association and upon each Owner and all Owners from time to time of any portion of the Subject Property and their respective successors and assigns and all persons, parties and legal entities claiming by, through or under any of them in perpetuity, unless any such easement shall have been changed, amended, modified, released or terminated by the execution and recordation among the Official Records of the County of a written instrument or court order, as the case may be, which, in either case, is otherwise legally sufficient in all respects to effect any such change, amendment, modification, release or termination of any such easement. 42 e e 'I . ARTICLE 17 ENFORCEMENT 17.1 Parties Entitled to Enforce. Subjectto the provisions of Section 17.2 of this Declaration, the terms, provisions, covenants, conditions, restrictions, easements and reservations set forth in this Declaration, as changed, amended or modified from time to time, shall be enforceable by the Developer, the Association, any Owner, the Club Owner and the City. Additionally, to the extent that particular rights or interests are expressly conferred upon or granted to the County, the City or the Club Owner pursuant to this Declaration, the particular terms and provision of this Declaration conferring or granting such rights or interests to the Club Owner or the City shall also be enforceable by the Club Owner, the City and/or as the case may be. Those so entitled to enforce the provisions of this Declarati6n shall have the right to bring proceedings at law or in equity against the party or parties violating or attempting to vio~e any of said covenants, conditions, restrictions, easements or reservations or against the party or parties d8fau~~ or attempting to default in his, its or their obligations hereunder in order to (a) enjoin any such violation or a@mPte'd violation or any such default or attempted default, (b) cause any such violation or attempted violation or ~ault or attempted default to be cured, remedied or corrected, (c) recover damages resulting from or occasioned by or on account of any such violation or attempted violation or default or attempted default and (d) recover cams ~ expenses, including attorneys' fee, incurred in connection with the enforcement of this Declaration. ~ C) -" r- 17.2 Limitations on Enforcement Riahts. Notwithstanding the foregoing provisions of Section 17. 'fQb this Declaration, the right to enforce the provisions of this Declaration shall be subject to and limited as follows. The Association shall have the exclusive right to collect Assessments and enforce Assessment liens. Only the Developer, the Association and the Club Owner shall have the right to enforce the provisions of Article 14 of this Declaration with respect to Architectural and Landscape Control. It is expressly provided, however, that if both the Developer and the Association fail, refuse or are unable to commence enforcement of such provisions within thirty (30) days following written demand to do so from any Owner, any Owner who makes such demand and who otherwise has standing to do so, shall have the right to enforce the provisions of said Article 14; provided, however, that such right of enforcement shall not include the right to seek judicial review or discretionary decisions made either by the Developer, the Association or the ARB where the discretion to make such decision is expressly conferred pursuant to this Declaration. To the extent that specific rights, interests or reservations are conferred upon or granted or reserved to specific parties pursuant to this Declaration only those parties upon or to whom or which such rights, interests or reservations are conferred, granted or reserved shall have the right to enforce the provisions of this Declaration relating to such rights, interests or reservations. OJC) <..)-., :."".J-'1 -....n :;:..~ r- :;:J 01 o -::1 c:> :Y;:.o C)CJ Pl (/) 17.3 Attornevs' Fees. In the eventthat legal or equitable proceedings are instituted or brought to enforce any ofthe provisions set forth in this Declaration, as changed, amended and modified from time to time, or to enjoin any violation or attempted violation or default or attempted default ofthe same the prevailing party in such proceeding shall be entitled to recover, from the losing party such reasonable attorneys; fees and court costs as may be awarded by the court rendered jUdgment in such proceedings. 17.4 No Waiver. Failure by the Developer, the Association, any Owner, the Club Owner or the City (only to the extent any right of enforcement is otherwise granted to or conferred upon the City or the Club Owner pursuant to this Declaration), to enforce any term, provision, covenant, condition, restriction, easement or reservation herein contained in any particular instance or on any particular occasion shall not be deemed a waiver of the right to do so upon any subsequent violation or attempted violation or default or attempted default of the same or any other term, provision, covenant, condition, restriction, easement or reservation contained herein. 17.5 Nuisance. The result of every act or omission, where any term or provision of, or covenant, condition, restriction, easement, or reservation set forth in, this Declaration is violated, breached or in default in whole or in part, is hereby declared to be and constitute a nuisance, and every remedy allowed by law or equity against a nuisance, either public or private, shall be applicable against every such result, and may be exercised by the Developer, the Association, the Club Owner or any Owner. 43 e e " . 17.6 Cumulative Riqhts and Remedies. In connection with the enforcement ofthis Declaration, all rights, remedies of the Developer, the Association, the Owners, the Club Owner and the City to the extent provided herein, shall be cumulative, and no single right or remedy shall be exclusive of any other, and Developer, the Association, the Owners and the City to the extent specifically provided in this Declaration, shall have the right to pursue anyone or all of such rights or remedies or any other remedy or relief which may be provided by law, whether or not expressly stated in this Declaration or otherwise. 17.7 Effect of Invalidation. If in the course of an attempt to enforce this Declaration, any particular provision of this Declaration is held to be invalid by any court, the invalidity of such provisions shall not affect the validity of the remaining provisions hereof. 17.8 Exculpation. The Developer, the Association, the Club Owner, the ARB, and the individual members, officers, directors, employees or agents of any of them, shall not, jointly or severally, be liable or accountable in damages or otherwise to any Owner or other party affected by this Declaration, orto anyone submitting plans or other material for any required consent or approval hereunder, by reason or on account of any decision, approval or disapproval required to be made, given or obtained pursuant to the provisions of this Declaration, or for any mistake in judgment, negligence or nonfeasance related to or in connection with any such decision, approv~l..'Pr disapproval. Each person who shall submit plans or other materials for consent or approval pursua~~ to ,jbis Declaration, by the submission thereof, and each Owner of any Lot, by acquiring title thereto or an interesnf1eraiA, shall be deemed to have agreed that he or it shall not be entitled to bring and shall not bring any action, prq~eediRg or suit against the Developer, the Association, the Club Owner, the ARB, or any individual member or mer5:ibers or officer of officers, director or directors, employee or employees or agent or agents of any of them for the P4J:Rose of recovering any such damages or other relief on account of any such decision, approval or disapproval. c; o 0 _., C) r- CD 0 C:)-q 0-'1 ~" C) ARTICLE 18 MISCELLANEOUS PROVISIONS ;> r- ~) P1 c; vO )::- ;0 C)C:J (11 U) <-0 18.1 Constructive Notice and Acceptance. Every person, corporation, partnership, limited partnership, trust, association or other legal entity, who or which shall hereafter have, claim, own or acquire any right, title, interest or estate in or to any portion of the Subject Property, whether or not such interest is reflected upon the Official Records of the County, shall be conclusively deemed to have consented and agreed to each and every term, provision, covenant, condition, restriction, easement and reservation contained or by reference incorporated in this Declaration, whether or not any reference to this Declaration is contained in the document or instrument pursuant to which such person, corporation, partnership, limited partnership, trust, association or other legal entity shall have acquired such right, title, interest or estate in the Subject Property or any portion thereof. 18.2 Personal Covenants. To the extent that the acceptance or conveyance of a Lot creates a personal covenant between the Owner of such Lot and the Developer, the Association or any other Owner or Owners, such personal covenant shall terminate and be of no further force or effect from or after the date when a person or entity ceases to be an Owner except to the extent that this Declaration may provide otherwise with respect to the personal obligation of such Owner for the payment of Assessments for which provision is expressly made in this Declaration. 18.3 Goveminq Law. This Declaration and the interpretation and enforcement of the same shall be governed by and construed in accordance with the laws of the State of Florida. 18.4 Construction. The provisions of this Declaration shall be liberally construed so as to effectuate and carry out the objects and purposes of this Declaration. 18.5 Article and Section Headinqs. Article and Section headings contained in the Declaration are for convenience and reference only and in no way define, describe, extend or limit the intent, scope or content of the 44 e e " \. ., .. . I . . (, . particular Articles or Sections in which they are contained or to which they refer and, accordingly, the same shall not be considered or referred to in resolving questions of interpretation or construction. 18.6 SinQular Includes Plural. Etc. Whenever the context of this Declaration requires the same, the singular shall include the plural and the plural the singular and the masculine shall include the feminine and the neuter. 18.7 Time of Essence. Time is ofthe essence of this Declaration and in the performance of all covenants, conditions and restrictions set forth herein. Whenever a date orthe expiration of any time period specified herein shall fall on a Saturday, Sunday or legal holiday, the date shall be extended to the next succeeding business day which is not a Saturday, Sunday or legal holiday. 18.8 Notice. Any notice required or permitted to be given pursuant to the provisions of this Declaration shall be in writing and may be delivered as follows: 18.8.1 Notice to an Owner shall be deemed to have been properly delivered when deliveredbm Owner's Lot, whether said Owner personally received said notice or not, or placed in the firstclass United States mail, postage prepaid, to the most recent address furnished by such Owner in writing to the Association for the purpose of giving notice, or if not such address shall have been furnished, then to tr9. street address of such Owner's Lot. Any notice so deposited in the mail within the County shall be deeme~ delivered forty-eight (48) hours after such deposit. In the case of co-owners any such notice may be d~~er~\ or sent to anyone of the co-owners on behalf of all co-owners and shall be deemed to be and coRStit~ delivery on all such co-owners. - coo C:J-.l 0-" ~.'r) o r 18.8.2 Notice to the Association shall be deemed to have been properly delivered when PI~ed in the first class United States mail, postage prepaid, to the address furnished by the Association ordo tt1'eJ address of its principal place of business. ~., <:-0 r- 18.8.3 Notice to the Developer shall be deemed to have been properly delivered when placed in t~ first class United States mail, postage prepaid, to the address furnished by the Developer to the Association or the address of its principal place of business. ):.> r- 7J r\1 CJ -,-, 0 :6::7J C) C:J III U) 18.8.4 The affidavit of an officer or authorized agent of the Association declaring under penalty or perjury that a notice has been mailed to any Owner or Owners to the address or addresses shown on the records of the Association, shall be deemed conclusive proof of such mailing, whether nor not such notices are actually received. 18.9 Development and Construction by Developer. Nothing set forth in this Declaration shall be deemed, either expressly or impliedly, to limit the right of the Developer to change, alter or amend its development plan or plans for the Subject Property, or to construct such improvements as the Developer deems advisable prior to the completion of the development of all of the Subject Property. Developer reserves the right to alter its development and construction plans and designs as it deems appropriate from time to time; subject, however, to all applicable Governmental Regulations, including, without limitation, those of the City. 18.10 AssiQnment of Developer's RiQhts and Interests. The rights and interests ofthe Developer under this Declaration may be transferred and assigned by the Developer to any successor or successors to all or part of the Developer's interest in the Subject Property by an express transfer, conveyance or assignment incorporated into any recorded deed or other instrument, as the case may be, transferring, conveying or assigning such rights and interests to such successor. 18.11 No Warranties. This Declaration is made for the objects and purposes set forth in this Declaration and the Developer makes no warranties or representations express or implied as to the binding effect or enforceability 45 e e , -" '" . ... . . ~ t .. of all or any portion of the terms and provisions of or the covenants, conditions, restrictions, easements and reservations set forth in this Declaration, or as to the compliance of any of the same with public laws, ordinances and regulations applicable thereto. 18.12 Surface Water ManaQement System. The Association shall be responsible for the maintenance, operation and repair of the Surface Water Management System. Maintenance of the Surface Water Management System(s) shall mean the exercise of practices which allow the systems to provide drainage, water storage, conveyance or other surface water or stormwater management capabilities as permitted by the St. John's River Water Management District. The Association shall be responsible for such maintenance and operation. Any repair or reconstruction of the Surface Water Management System shall be as permitted, or, if modified, as approved by the St. John's River Water Management District and the City. Any amendment which alters the Surface Water Management System, beyond maintenance in its original condition, including the water management portions of the common areas, must have the prior approval of the St. John's River Water Management District and the City. The St. John's River Water Management District shall have the right to enforce, by a proceeding at law or in equity, the provisions in this Declaration which relate to the maintenance, operation and repair ofthe Surface Water Management System. 18.13 RiQhts of the City. Nothwithstanding any other provisions contained herein, no amendment to this Declaration shall be effective until notification of the City of such amendment and providing the City with a copy thereof. The City is a third-party beneficiary of this Declaration and shall have the right to enforce its provisions. Nothing contained herein permits or authorizes any violations or deviations from Federal, State, County or City law, statutes, ordinances or codes. IN WITNESS WHEREOF the Developer and Club Owner have caused this Declaration to be made and executed as of the day and year first above written. Witnesses: TUSCAWILLA LAND CO~MNY' a Florida orporation ~ By: ;fJ .~ James R. Mikes, President , " , '-- co coo cr) C)-'1 f~ Cl O-'~I C) -'(j .~ :-;.;.r 0 .- r- rTl 7J () rq 0 () C) -no >1 C.:: J::'" :::"-,..1 C)CJ ,- Pl (I) (r'! - . FLORIDA COUNTRY CLUB a Florida orporation -e~f 46 . e . , . . I ill ~ 1 I . STATE OF FLORIDA COUNTY OF SEMINOLE I HEREBY CERTIFY that on this day personally appeared before me, an officer duly authorized to administer and take acknowledgements, James R. Mikes, as President of Tuscawilla Land Company, a Florida corporation, to me well known to be the person described in and who executed the foregoing instrument and he acknowledged before me that he executed the same for the purposes therein expressed. WITN ~ and and official seal in the County and State last aforesaid, this 13th day of December, 1994. Notary Public-State of Florid at Large My Commission expires: 1'12- -qB ~.,.y ~11._ ~6-":t- *if/* ~~ OF F\.ow."~ LISA R MYERS My Commission CC391973 ExpiresJU1.12,1998 Bonded by HAl 800-422-1555 STATE OF FLORIDA COUNTY OF SEMINOLE I HEREBY CERTI FY that on this day personally appeared before me, an officer duly authorized to administer and take acknowledgements, James R. Mikes, as President of Florida Country Clubs, Inc., a Florida corporation, to me well known to be the person described in and who executed the foregoing instrument and he acknowledged before me that he executed the same for the purposes therein expressed. WITNESS my hand and official seal in the County and State last aforesaid, this 13th day of December, 1994. ~blr3;ate~rge ',0 ',~ ~2, Iii 01 O-Y1 My Commission expires: ,- (2--q8 --, 0 =-.~:~ This Document Prepared byP r- James Mikes ~ ::0 rq 1500 Winter Springs Bouleva[QI 0 n Winter Springs, FL 32708 ~::J 0.) ;3~ -q G1 C} .- Pi(/> Ul 47 . ..: ,. . · c'. It ~ ;, } 'e JOINDER AND CONSENT NATIONS BANK, as holder of a mortgage on the SUbject Property, hereby consents and agrees that its mortgage shall be subject to the terms of this Declaration. STATE OF FLORIDA COUNTY OF ORANGE "".lll'lfL. ,\\\ , .... '\\ .-':: . '. ......'r..... . A' ..f'~i" .....~\ -. I i ~/:: S ~ -_\ : :C.... .n: ~ )'. '. f)':' - -'" " ., I G." ..' fg~Y; () ..::~ .' ..r_.~...... .; "l,l"..",.. NATIONS BANK By: 4 hl71}l , Title: Vice President ~. Date: December 13, 1994 The foregoing instrument was acknowledged before me this 13th day of December, 1994, by George Ratcliff, Vice President of NATIONS BANK, on behalf of the bank. He~ is personally known to me or who has produced as identification and who di~dii~ ~A /l!!!ttt4'1 c;ltr NotarY PUb,V / // ~'JV \""",." ,"'. ~ l,.-. Name: Ki\.. J J, ,,~\,j.. ,,', ;..~.:;j'~ ' .c.. i:A ,'\ ';.; ...... . ! '-'~, "'/ b ~Z- ,,,,. ~,' ,-- 0 '. t.~ ~ ,~ ;j) I -1 r' ; .l> ::v '\ .y ." .......... ,,- : . :......... :: :1 ....ft...... Commission Number: My Commission expires: NOTARY i>UBLI':1 STAT~ 01' HO~ICA AT LARGE MY COMMI~Si::>U EX"':;:~~ i'i::JR'J..\RY 12. 1995 laNDED Tii::'U K:.JCIHE8Hl:l.'! 3. ASSOCIA Tn 48 '-'0 (}') C:) r'l C;l -. CJ -7 C) r I'l n C) 0 " c.) r GO C:>-q C) -:'1 - , t') --.1 > r :;7) riJ n -:')0 >:;7) '~CJ I r,r.fL