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HomeMy WebLinkAboutBentley Green Declaration of Covenants Conditions and Restrictions M A R"I. ,,- : r'I"'I: ~'.1 {'. (~ t.- l ""'1... ...f i~LERK OF Cl;;[~UI1( it.' r SnllNOLE ~'/J'!\ 1 yr'-rld, \.... r- --- 'RECORDED & 'IRtF~r: " 'f 4 1\'), ~* 613755 1969 HAY 23 PH 2: 45 r--..) ~ C) g; ", -. ~.~ 3:: -., :r: ,C'=-j ?2 :~ n1 . ("") o c::> -t" .~ CA) .,,~ (X) l; o fT1 :;1:, t" , C-~1 r- BENTLEY GREEN DECLARATION OF COVENANTS. CONDITIONS AND RESTRICTIONS ~c TuP.. ~ TO~. @ 'D. Q. Le\=3'Lf',.~L \ \ 2-" 'c AS 1: <;.?. 2\:S4 t}J\ ~l"tQ. S~{2.1 ~G-S/ \=L '32 ( 0 8 ~1?~6e; 30 .... ,. .. . e e BENTLEY GREEN DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS TABLE OF CONTENTS ARTICLE I DEFINITIONS...................................... " .. ,...." (f) c::;) 'IT! ~ 3: Z o .- IT! PAGE ~ C) ~ c..,) 2 CO ro o ~,~ ...., ,c::; J~ r- :1'; r~\ (-J ~.:- :-~n -0'= )..... c,.) (;'") 1"11 Section 1.................................. . . . . . . . . . . . . . . . . 2 ARTICLE II Section 1 Section 2 Section 3 Section 4 Section 5 Section 6 ARTICLE III Section 1 Section 2 Section 3 Section 4 Section 5 Section 6 ARTICLE IV Section 1 Section 2 Section 3 Section 4 Section 5 Section 6 Section 7 Section 8 ARTICLE V PROPERTY SUBJECT TO THIS DECLARATION AND ADDITIONAL PROPERTY... .. . . .. ----_._---~--_.. ---- Property Subject to Declaration. . . . . . . . . . . . . Additional Property......................... Method of Annexation. . . . . . . . . . . . . . . . . . . . . . . . Interpretation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Merger or Consolidation..................... Declarant Consent to Amendment of Articles. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . STRUCTURE, POWERS AND DUTIES OF, AND MEMBERSHIP AND VOTING RIGHTS IN, THE AS~OCIATIO_~________n______ .. .. .. .. .. .. .. .. .. .. .. .. 4 4 4 4 5 5 6 6 Association. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Membership. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Voting Rights. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 The Declarant Veto Power. . . . . . . . . . . . . . . . . . . . 7 Multiple Owners... . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Duties, Powers and Authority of the Association. . . . . . . . . . . . . . . . . . . . . . . . . . 9 PROPERTY RIGHTS IN THE COMMON PROPERTIES. . . . 9 -------- .,--_. .---. --~--- Member's Easements of Enjoyment............. 9 Title to Common Properties. .... . . .. . .. ...... 10 Extent of Members' Easements................ 10 Phase of Development in Which Common Property Located Not Controlling As To Use....................... 11 Easement Reserved to the Declarant Over Common Property. . . . . . . . . . . . . . . . . . . . . . .. 11 Beneficiaries of Easements, Rights and Pri vi leges. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 11 Easement for Encroachments. . . . . . . . .. . . .. . .,. 12 City of Winter Springs...................... 12 INSURANCE AND CASUALTY LOSSES. . . . . . . . . . . . . .. 12 ---~----_._...,-------~ -_....--- -i- of ~ ARTICLE VI ------- Section 1 Section 2 Section 3 Section 4 Section 5 Section 6 Section 7 Section 8 Section 9 Section 10 ARTICLE VI I Section 1 Section 2 Section 3 Section 4 Section 5 Section 6 Section 7 ARTICLE VIII Section 1 Section 2 Section 3 Section 4 ARTICLE IX Section 1 Section 2 Section 3 Section 4 Section 5 Section 6 Section 7 Section 8 Section 9 Section 10 Section 11 Section 12 e e COV]~JibNT__F()J3~__~AINr_E;HbNCE ASSE_?SMENTS. . . . . . . . Creation of the Lien and Personal Obligation of Assessments... . .. .. . .......... Purpose of Assessments. . . ... . . . ............ . Determination of Assessments... .......... . .. Special Assessments......................... Date of Commencement of Assessments; Initial Annual Assessment; Due Dates........ Certificate of Payment...................... Effect of Non-payment of Assessment. . . . . . . . . Subordination of the Lien to Certain Mortgages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Adjustment or Abatement of Assessments to Reflect Varying Levels of Services. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Association Agreements for Use of Common Property. . . . . . . . . . . . . . . . . . . . . . . . . . . . . ARCHITECTURAL CONTROL. . . . . . . . . . . . . . . . . . . . . . . __________.. - _~____~_ ___.0'-__- Architectural Control; ARB.................. Approval or Disapproval.... ................. Violations ; Waiver.......................... Variances. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Waiver of Liability......................... Enforcement of Planned Criteria............. Term of Approval. . . . . . . . . . . . . . . . . . . . . . . . . . . . EXTER I OR _~IUKt~t1l\NQE. . . . . . . . . . . . . . . . . . . . . . . . Owner's Responsibility; Default............. Assessment of Cost. . . . . . . . . . . . . . . . . . . . . . . . . . Access at Reasonable Hours.................. Association Maintenance Responsibility...... RESTRICTIVE COVENANTS... . . . . . . . . . . . . . . . . . . . . ----_._--~~._.- -.--.....- Water and Sewage Facilities................. Landscaping. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Obnoxious or Offensive Activity. . . . . . . . . . . . . Rules and Regulations... . . . . ... . . ... .. . . . . . . Animals. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Garbage and Trash. . . . . . . . . . . . . . . . . . . . . . . . . . . Storage Receptacles......................... Vehicles and Repair......................... Temporary structures........ . . . . . . . . . . . . . . . . Sign s. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Air-Conditioning Equipment.......... ........ Drainage Structures......................... -ii- r:: .. PAGE 13 r-...:> 13 C) 0' 0 13 (/'l ~~ rl'\ -s 15 3: Z r 16 0 J r ,-- rl'\ (") f 16 f 0 c::> . ( 17 ...., (..r..) ""0 c r l>-< 17 co C') Pl \'0..') 18 19 19 19 19 20 21 21 22 23 23 23 23 24 24 24 25 25 26 26 26 27 27 27 27 27 ~" 28 28 28 ~ ~ ~ Section 13 Section 14 Section 15 Section 16 Section 17 Section 18 Section 19 Section 20 Section 21 Section 22 Section 23 ARTICLE X Section 1 Section 2 Section 3 ARTICLE XI ARTICLE XII ARTICLE XIII --------- ARTICLE XIV ARTICLE XV Section 1 Section 2 Section 3 Section 4 Section 5 ARTICLE XVI Section 1 Section 2 ARTICLE XVII ARTICLE XVIII -------- Section 1 Section 2 e e Antennae. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Subdivision. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Completion of Construction.................. Exc ava ti on. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Maintenance of Protective Screening......... Uti 1 i t Y Se rv ice. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mai Iboxes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Clotheslines. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Play Structures and Yard Accessories. . . . . . . . Trees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Setbacks. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . MAINTENANCE OF UNIT LANDSCAPING............. _.~- '--~~-"-------'-- ----- -.... - - '.'-- Common Maintenance Area.. . . . . . . . . . . . . . . . . . . . Easement Over Common Maintenance Area. . . . . . . Limi tations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SECURITY STATION..... . . . . . . . . . . . . . . . . . . . . . . . . - n___ __~__ AMENDMENT BY DECLARANT. . . . . . . . . . . . . . . . . . . . . . ----.---------.' -- --------,----..-.'.- .-- ADDITIONAL COVENANTS AND RESTRICTIONS. . . . . . . ------------... , ---,.-.----,--. - -- AMENDMENT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PARTY FENCES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . General Rules of Law to Apply.. . . . . . . . . . . . . . Sharing of Repair and Maintenance. .. ... . . . .. Destruction by Fire or Other Casual ty. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Right to Contribution Runs with Land........ Arbi tration. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~OVENANT~_GQ~~I~~~~. . . . . . . . . . . . . . . . . . . . . . . . . Commi ttee. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Hearing Procedure. . . . . . . . . . . . . . . . . . . . . . . . . . . 12!lJ~.l\'IIQn_AN[)_7'~J~.~IN&TION. . . . . . . . . . . . . . . . . . . . ~J~!FOR~);:f>'I_E;N'I'. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Remedies. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Severabi Ii ty. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -iii- PAGE 28 28 28 28 29 N tl:l 29 c::::> 0 (j') ~: 29 fTl ~ :3: 29 :.r. 0 29 r fTl 30 ("") c:::> . 0 30 w -r~ ~ ~ r- eo r:;- 30 p r_l...' 30 31 31 31 32 32 32 34 34 34 35 35 35 35 35 35 37 37 37 37 Section 3 Section 4 ARTICLE XIX e e PAGE Notices. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 37 Lessees to Comply with Declaration, Articles and Bylaws -- Effect on Non-Compliance. . . . . . . . . . . . . . . . . . . . . . . . . . .. 38 CITY OF WINTER SPRINGS. . . . . . . . . . . . . . . . . . . . .. 38 _._---_._~_.._._--_._._----~--_.._--- - - -- (G:046jWP2278.NEW) -iv- .. l',) c::> X; -.. ~ o r- rn ("") o c::> .." 0,) r- co C' C) ~~ ~ ;.~ . ~- r- ::u r" or: C", ;;0' -ut ~(I'- C) 1"11 - .... e e ".; N cP o 0 (fI -a ~~ ~ ~ --- o r- rn g c? THIS DECLARATION, made this 22nd day of May , 1989, .." 0> :;:: by A. WALTER TEMPLE, JR., Trustee, whose address is 990 Douglas r- CO f Avenue, Altamonte Springs, Florida 32714, hereinafter referr~d to ~~ as "the Declarant", BENTLEY GREEN DECLARATION OF COVENANTS, CONDITIONS AND R~~TRICrIONS c WIT N E SSE T H: - - -- WHEREAS, the Declarant is the owner of the real property si tuate, lying and being in Seminole County, Florida and de- scribed on Exhibit "A" attached hereto and incorporated herein by this reference ("the Phase One Property"); and WHEREAS, it is contemplated that the Phase One Property and Addi tional Properties, as hereinafter defined, may be developed as a residential development wi th streets, street lights, open spaces, green belts, recreational areas and faci Ii ties, storm- water drainage and retention areas, and other common areas and improvements for the benefit of the owners of lands from time to time made subject to the terms of this Declaration; and WHEREAS, the Declarant desires to provide for the preserva- tion and enhancement of the property values and quality of life in The Properties, the personal and general health, safety and welfare of the owners of the affected lands, and for the mainte- nance of streets, street lights, stormwater drainage and reten- tion areas and improvements, open spaces, green belts, recrea- tional areas and facilities and other common areas and improve- ments located in The Properties, and, to this end, desires to subject the Phase One Property and each Additional Property, when and if annexed, to the covenants, conditions, restrictions, easements, and liens hereinafter set forth, each of which shall be binding upon and run with the title to The Properties; and THIS INSTRUMENT PREPARED BY: JEFFREY P. WIELAND, ESQUIRE MAGUIRE, VOORHIS & WELLS, P.A. Two South Orange Plaza Post Office Box 633 Orlando, Florida 32802 e e WHEREAS, to provide a means for meeting the purposes and intents herein set forth, the Declarant deems it desirable to create a non-profi t corporation to which may be conveyed ti tIe and delegated and assigned the powers of maintaining and adminis- tering the community properties and facilities, administering and enforcing the covenants and restrictions, and collecting and disbursing the assessments and charges hereinafter created. NOW, THEREFORE, the Declarant, for himself and his succes- sors and assigns, declares that the Phase One Property and, upon annexation, each Additional Property are and shall be held, transferred, sold, conveyed and occupied subj ect to the cove- (jl nants, restrictions, easements, charges and liens hereinafter set~ forth. b 1- rrl Cl a ARTICLE I ---------..----.-- DEFINITIONS Section 1. The following words when used in this Declara- tion or any Supplemental Declaration (unless the context shall prohibit) shall have the following meanings: (a) "Additional Property" shall mean and refer to those real properties, together wi th any improvements thereon, other than the Phase One Property, which are made subject to this Declaration under the provisions of Article II hereof. (b) "Area of Common Responsibili ty" shall mean and refer to any lands and improvements, other than Common Property which are to be operated, maintained or improved by the Associa- tion as the result of (i) specific designation of any lands or improvements as an Area of Common Responsibility by this Declara- tion or any Supplemental Declaration, (ii) a contract between the Association, Owner or developer/builder with respect to any lands and improvements lying in or near the Phase One Property or the Additional Property, or (iii) a decision of the Board of Direc- tors of the Association designating lands or improvements as an Area of Common Responsibility. The Declarant hereby designates the following as Areas of Common Respol1sibi Ii ty: (i) mainte- nance, repair, replacement, lighting C'lnd irrigation of all main entrance features, signs and landscaping located at the entrances from Greenbriar Lane to each portion of The Properties not located in the Common Property, (ii ) the maintenance. repair, replacement, lighting and irrigation of all landscaping, entrance road paving, signs, walls and other features located in the otherwise unpaved right of way of Greenbriar Lane on its western side adj acent to The Properties, (iii) maintenance of all street lighting in The Properties, (i v) Chemical treatment and mainte- nance of the existing golf course pond and pond area located west of and adj acent to the Phase One Property for the control of -2- ....., r l'-.) c:::> trl (:) -., (:)~ :;:oc: ., (- c:::) (J.) -0. ~ co C) rn 0"') . e ~. aquatic weeds and other general maintenance, and (v) maintenance, repair and replacement of landscaping and irrigation in the yards of the Units, only as described in Article X hereof. (c) "Association" shall mean and refer to BENTLEY GREEN HOMEOWNERS ASSOCIATION, INC., a Florida corporation not for profit, or its successors and assigns. '" C) -.. to C) c:> . ::;:00:<' (d) "Common Expenses" shall mean and refer to the~ actual and estimated expenses of operating the Association and~ meeting the costs incurred or to be incurred relative to the 5 performance of the duties of the Association, including wi thout ~ limi tation, the costs incurred for operation, maintenance and g improvement of any Common Property and any Area of Common Respon-~ sibility, and including any reserves established by the Associa-r tion, all as may be found to be necessary and appropriate by the Board of Directors of the Association pursuant to this Declara- tion, the By-laws, and the Articles of Incorporation of the Association. Co::) c..r..> co -.J -" :r.. C"") rn (e) "Common Property" shall mean and refer to all real property and any improvements located thereon, and all personal property, from time to time intended to be devoted to the use and enjoyment of all Members of the Association and maintained by the Association at Common Expense. (f) "The Declarant" shall mean and refer to A. Walter Temple, Jr., Trustee, and his successors and assigns. No succes- sor or assignee of the Declarant shall have any rights or obliga- tions of the Declarant hereunder unless such rights and obliga- tions are specifically set forth in the instrument of succession or assignment, or unless such rights pass by operation of law. (g) "Member" shall mean and refer to each Owner who is a Member of the Association as provided in Article III, Section 2 hereof. (h) "Owner" shall mean and refer to the record holder, whether one or more persons or entities, of fee simple title to each Unit included in The Properties (other than the Associa- tion); but, notwithstanding any applicable theory of the law of mortgages, Owner shall not mean or refer to any mortgagee unless and until such mortgagee has acquired title pursuant to foreclo- sure proceeding or a conveyance in lieu of foreclosure. Every Owner shall be treated for all purposes as a single Owner for each Unit owned by it, irrespective of whether such ownership is joint, in common or tenancy by the entirety. In the event any life estate is created wi th respect to any Uni t in The Proper- ties, the Owner of the life estate shall be deemed to be the Owner for purposes of this definition for so long as the life estate shall exist. -3- It e (i) "Phase One Property" shall mean and refer to the real property described on Exhibit "A" attached to this Declara- tion. (j) "The Properties" shall mean and refer to the Phase One Property, together with such Additional Properties as may be annexed thereto from time to time under the provisions of Article II hereof, if and when annexed. (k) "Unit" shall mean and refer to each separately described residential lot in The Properties which is intended to be occupied as a single family residence or household, includin~ without limitation each residential lot together with the resi-z dence, if any, constructed thereon. "Unit" shall include in its~ meaning any interest in real property appurtenant to the owner-~ ship of the Unit. ~ ...., r (1) "Supplemental Declaration" shall mean and refer to' any declaration of covenants and restrictions executed by the Declarant, and by the owner of the affected lands if same are not owned by Declarant, which extends the provisions of this Declara- tion to Additional Property. r-.> c::> --. ttl o 0....... ~....l ...., c:; :r. , -:'< ~ , : c::> U,) co ':'0 ?< "'0 .~ ~'/ C) fT1 ARTICLE II -_._---~--~--- PROPERTY SUBJECT TO THIS DECLARATION AND ADDITIONAL PROPERTY --_...._--_..~~_._---~.~- - _.....------,--....- Section 1. Prop~rtY~~J:>..J~~_..t_:tQ_R~_~J~J'~~_tJO}l,. The Phase One Property is and shall be held, transferred and occupied subject to this Declaration. Section 2. Addi tion~J ProQ~rj::y. The Declarant (joined by the owner of the lands if other than the Declarant) shall have the sole right but not the obligation to bring within the scheme of this Declaration, as Addi tional Property, additional proper- ties in the vicinity of the Phase One Property at any time within twenty (20) years from the date this Declaration has been record- ed, which annexation may be accomplished wi thout the consent of the Association, its Members, the Owners or occupants of The Properties, any mortgage or lien holder, or anyone else. Without limitation, the Additional Property may include all. or any portions of, the real property described on Exhibit "B", attached hereto. Section 3. Method of Annexation. The additions authorized ._- _.~- under this Article shall be made by filing of record Supplemental Declarations with respect to the Additional Property which shall extend the scheme of the covenants, conditions and restrictions of this Declaration to such Additional Property. Each Supplemen- tal Declaration shall describe the real property to be annexed -4- - e and shall state that it is being made pursuant to the terms of this Declaration for the purpose of annexing property to the scheme of this Declaration and extending the jurisdiction of the Association to the Additional Property. The Supplemental Decla- rations may contain such terms and provisions not inconsistent with this Declaration as may be desirable to reflect the differ~n ent character, if any, of the real property being annexed or th~ various housing or community style character! stics and develop-~ ment approaches being implemented, all of which may be signifi-~ cantly at variance with that of the Phase One Property. Notwith-g standing, any Supplemental Declaration must be approved by the~ City of Winter Springs, Florida. ~ r--..) C) -.. c:::> (U co ~.O Ctl o 0--. :;>c ~ 1 ..., (--, J. , - ::r. ,., f::: c;_, :;.J' ~, ~~-, )>0) C) rn Owners, upon recordation of any Supplemental Dec laration, shall also have a right and non-exclusive easement of use and enjoyment in and to the Common Property within the real property so annexed and an obligation to contribute to the cost of im- provement, operation and maintenance of such Common Property within the annexed lands. Any Supplemental Declaration may provide for an annexation to be conditioned upon the occurrence of one or more conditions precedent to the effectiveness of the annexation; provided, however, that such conditions must be such as to be satisfied or fail within forty (40) years from the date this Declaration has been recorded. Any Supplemental Declaration recorded in accordance with the terms hereof shall be conclusive in favor of all persons who rely thereon in good faith. From and after recordation of any Supple- mental Declaration, the Additional Property described therein shall be subject to the provisions of this Declaration and to the jurisdiction of the Association. Section 4. Interpretation. Nothing contained in this Declaration or any Supplemental Declaration shall be interpreted to: (i) Require the Declarant or any other person or enti ty to annex any real property (other than the Phase One Property) to the scheme of this Declaration; or (ii) Prevent any property not theretofore annexed from being subjected to another independent declaration or scheme of development. Section 5. Merge~__ or CQ..lll?oli.s:!.ation. Upon a merger or consolidation of the Association wi th c:mother association, the properties, rights and obligations of each may, by operation of law, be transferred to the surviving or consolidated association or, alternatively, the properties, rights and obligations of another association may, by operation of law, be added to the properties, rights and obligations of the Association as a surviving corporation pursuant to a merger or consolidation. The -5- e e . surviving or consolidated association may administer the cove- nants and restrictions establi shed by thi s Dec laration and any Supplemental Declaration within The Properties, together with the covenants, conditions 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 established by this Declaration or any Supplemental Declaration wi thin The Properties. A merger or consolidation shall require the assent of a majority of the Members other tha~ Class B Members who are voting in person or by proxy at a meetin~ duly called for this purpose, and the assent of the Class 1% Members, if any. ~ n Articles .? consent o~ ~ c:;:::) -.. ~ C> ~~ """"' ~j 1- r" Section 6. Declar.?!1J= Consent _J;.<:>__j\mendment of This Article II may not be amended without the written the Declarant. c:::> (.I.) c.o -::::J :,., ,-, r., (;..1 ::'t:' ~~; l>- C) rn ARTICLE III ---.----------- ..--- STRUCTURE, POWERS AND DUTIES OF, AND MEMBERSHIP AND VOTING RIGHTS IN,__rH:]!:~S_S9c:: I.f\TI ON Section 1. Association. The Association shall be a nonpro- fi t corporation charged wi th the duties and vested wi th the powers prescribed by law and set forth in the Articles of Incor- poration, the Bylaws and this Declaration. Copies of the Associ- ation Articles of Incorporation and Bylaws are attached hereto as Exhibits "c" and "D", respectively. Neither the Articles of Incorporation nor the Bylaws shall, for any reason, be amended or otherwi se changed or interpreted so as to be inconsi stent wi th this Declaration. In the event of any such inconsistency, the provisions of this Declaration shall prevail. The officers and directors of the Association shall be required to be ei ther (1) Members of the Association, or (2) officers, directors, represen- tatives, agents or employees of the Declarant. A Board of Directors of the Association (the "Board of Directors"), and such officers as the Board may elect or appoint, shall conduct the affairs of the Association in accordance wi th this Declaration, the Articles of Incorporation and the Bylaws. Section 2. Membe~sJ1Jp. The Declarant and each Owner shall be Members of the Association. The Association membership of each Owner shall be appurte- nant to the Unit giving rise to such membership, and shall not be transferred except upon the transfer of ti tIe to said Unit and then only to the transferee of ti tIe thereto. Any prohibi ted separate transfer shall be void. Any transfer of title to a Unit shall operate automatically to transfer the membership in the Association appurtenant thereto to the new Owner thereof. -6- . e Section 3. Voti~g__B~ghts. The Association shall have two (2) classes of voting membership: (a) Class "A". Class "A" Members shall be all Owners of Units, with the exception of the Declarant. Class "A" Members shall be entitled on all issues to one (1) vote for each Unit in which they hold the interest required for membership. ~ m 3: (b) Class "B". The Class "B" Members shall be the23 r- Declarant and any successor of the Declarant who takes title tOm more than one (1) Unit for the purpose of development and saleg and to whom Declarant assigns in writing one or more of the Class~ "B" votes. Upon the execution of this Declaration, the Class "B": Members shall have an aggregate of two hundred ten (210) Class "B" votes. Thereafter, the number of Class "B" votes shall be reduced by one (1) vote for each Class "A" vote from time to time existing in the Association, which Class "A" votes shall arise upon conveyance of title to a Unit by the Declarant to a non-Class "B" Member. The Class "B" membership shall terminate and become converted to Class "A" membership upon the happening of the earlier of the following: I"'V C) -.. m o 0..,... :;;><;..., ~ ICJ J- " C) U) c.o ""' ~ C" ,. ." -" >"" C) rn (i) When the total number of outstanding Class "A" votes in the Association equals at least sixty-nine (69); or (ii) Twenty (20) years from the date of recording this Declaration; or (iii) When, in its discretion, the Declarant so determines. From and after the happening of anyone of these events, the Declarant shall call a meeting as provided in the Bylaws for special meetings to advise the Association membership of the termination of Class "B" status. In such event the Class "B" votes shall immediately come null and void and not convert to Class "A" votes except to the extent a Class "B" Member owns Units at such time. The Class "B" Members shall cast on all issues their votes as they among themselves determine. I t shall be permi tted for the Declarant to retain and to cast all Class "B" votes, and Declarant shall remain a Class "B" Member and shall be entitled to cast all of the Class "B" votes he retains on any issue regardless as to whether Declarant at such time owns a Unit. Section 4. The Dec 1~!"'...?11~ V~..tQ._R()wer. From and after the termination of the Class "B" membership, the Declarant shall have a veto power over all actions of the Association and the Board of Directors of the Association. This -7- . e power shall expire by the Declarant, membership vote of ever occurs first. when the Class "A" vote, other than that held equals ninety percent (90%) of the total the Association, or December 31, 2018, which- The veto shall be exercised as follows: of (f'> o~ x o r (i) The Declarant shall have been given written~ notice of each meeting of the Members and of the Board of Direc-~ tors by certified mail, return receipt requested or by personal~ delivery, at the address he has registered from time to time with. the Secretary of the Association, which notice otherwise complies wi th the terms of the Bylaws as to regular and special meetings of the Members and Board of Directors, and which notice shall set forth with reasonable particularity the agenda to be followed at said meeting; and No action authorized by the Association or the Board Directors shall become effective, nor shall any action, policy program be implemented, until and unless: I"..) c::> -.. t1' c> ~!:;' '"" c:::l C"t..) c.o !".') c " roo ., ro r c. "'tl" >L C> rll (ii) The Declarant shall have been given the opportuni ty at each such meeting, if Declarant so desires, to join in, or to have its representatives or agents join in, discussion of any prospective action, policy. or program to be implemented by the Board or the Association. The Declarant and his representatives or agents may make his concerns and sugges- tions known to the Members of the Association or of the Board. At such meeting the Declarant shall have, and is hereby granted. a veto power over any such action, policy or program authorized by the Board of Directors, the Association officers. or Associa- tion membership, and to be taken by said Board, the officers or agents of the Association, or any individual Member of the Association (if Association or Board approval is necessary for said Member's action). Except as set forth in subsection (iii) below, the Declarant veto must be exercised by the Declarant, his representatives, or agents at or before the meeting to consider proposed action. The veto power shall not include the authority to require any affirmative action on behalf of the Board or the Association; and (iii) If any action. policy or program is to be implemented by prior consent without the formality of a meeting. then the Declarant shall be provided a wri tten notice and de- scription of the proposed action. policy or program at least ten (10) days in advance of such implementation, and the Declarant shall have ten (10) days after receipt of such notice to exercise his veto. Section 5. Mul ti..12.l~~ne~s. Each vote in the Association must be cast as a single vote, and fractional votes shall not be allowed. In the event that j oint or mul tiple Owners are unable to agree among themselves as to how their vote or votes shall be cast, they shall lose their right: to vote on the matter in -8- e e question. If any Owner or Owners cast a vote on behalf of a l'-) 0" particular Unit, it shall thereafter be conclusively presumed for ~ CJ g all purposes that he was or they were acting with the authori ty ~ ~ ='" and consent of all other Owners thereof. In the event more than ~ o the appropriate number of votes are cast for a particular Unit, ~ none of said votes shall be counted and said votes shall be n deemed void. CI c:::> "'T'1 W r- c.o W Section 6. Duties, Powers and Au~~~ri~~t the Association. The Association shall have all the powers of a non-profit corpo- ration organized under the laws of the State of Florida, subject only to such limitations upon the exercise of such powers as are expressly set forth in the Articles of Incorporation, the Bylaws, or this Declaration. The Association shall have the power to do any and all lawful things which may be authorized, assigned, required or permitted to be done by this Declaration, any Supple- mental Declaration, the Articles of Incorporation and the Bylaws, and to do and perform any and all acts which may be necessary or proper for, or incidental to, the exercise of any of the duties or powers of the Association for the benefit of the Owners and for the maintenance, administration and improvement of The Properties and Areas of Common Responsibility. '"U l:- C) rn ARTICLE IV PROPERTY RIGHTS IN THE COMMON PROPERTIES .-_.~~------- ._----.-.. --_....... -.--...------- -.---. "'-~-'--- Section 1. Member's Easements qJ~nj.oymeDt. Subject to the provisions of this Declaration, the Association, the Declarant and every Member of the Association shall have a non-exclusive right, license, privilege and easement of use and enjoyment in and to the Common Properties and such rights shall be appurtenant to and shall pass with the title to every Unit in The Properties. Said rights shall include, but not be limited to, the following: (a) Right-of-way for ingress and egress by vehicles or on foot, in, through, over, under and across the streets, roads and walks in the Common Properties for all lawful purposes, which easement shall also benefit the guests and invitees of the Owners, and representatives of any grantee of any utility ease- ment over any portion of The Properties, and public law enforce- ment and fire protection personnel; and (b) Rights and easements of drainage across stormwater drainage and retention structures and areas, and to connect with, maintain and make use of utility lines, wires, pipes, conduits and cable television lines which may from time to time be in or along the streets and roads or other areas of the Common Proper- ties; and -9- e . (c) Rights to use and enjoy the Common Properties for any purpose not inconsistent with this Declaration, any applica- ble Supplemental Declaration, the Bylaws and rules and regula- tions of the Association, or governmental regulations. Section 2. Title to Common ProJ2~};_t.i~_e.. The Declarant may retain the legal title to all or any portion or portions of the Common Properties unti I such time as he has completed improve- ments thereon and unti I such time as, in the opinion of the Declarant, the Association is able to maintain the same. The Declarant may conveyor turn over certain i terns of the Common Properties and retain others. The conveyance of the Common Properties to the Association shall be deemed to contain the following covenant which shall run with the land, whether or not specifically set forth in such conveyance, and shall be binding upon the Association, its successors and assigns, for so long as such property shall remain subject to this Declaration: ~ z o ,- rT1 n o l'.) <=> -..I m c:> ~q -~ ~ ~ :r; ,.- .~. ,.... r- < . ;...t. -at::. C/ ~ C) P1 In order to preserve and enhance the property values and amenities of The Proper- ties, the Common Properties and all landscap- ing and drainage and other improvements now or hereafter built or installed thereon shall at all times be maintained in good repair and condition and shall be operated in accordance with high standards. c:;:) '"T1 c....> I to .r-- Section 3. Extent of Members' Easement~. The rights and non-exclusive easements of use and enjoyment created hereby shall be subject to the following: (a) The Association, subject to the rights of the Declarant and the Owners set forth in this Declaration, shall be responsible for the exclusive management and control of the Common Property and all improvements thereon. (b) The right of the Declarant without Owner or Association approval prior to conveyance of title to the Associa- tion, and the right of the Association thereafter, to grant or dedicate to any Owner, to any governmental agencies and/or to any utili ty companies, and to reserve, easements and rights-of-way, in, through, under, over and across the Common Properties for the installation, maintenance and inspection of lines and appurte- nances for public or private water, sewer, drainage, cable television, telephone, electricity, and other utilities, and for the completion of the development. No improvement or material may be placed upon any such an easement as may damage or inter- fere with the installation and maintenance of utilities or that may change the direction, or affect the flow, of drainage. (c) The easements and rights of the Declarant reserved by this Declaration. -10- ~ . . Section 4. Phase of: Deve~QI;>men~ in Which Common Property Located Not Controlling As To Use. Designation by the Declarant of property as Common Property shall result in general Associa- tion membership use and enjoyment entitlement regardless of the~ tract or phase in which the Common Property is located. ~ ;c. C) Section 5. Easement Reserved to the Declarant Over Commo~~ Property. The Declarant hereby reserves to himself and hi s n successors and assigns. and all mortgagees on any Units owned by? Declarant who succeed to a fee simple ownership of such Uni t, ~ such licenses. rights. pri vi leges and easements in. through.. over. upon and under all Common Property. including. but not limited to. (1) the right to use the said properties for rights-of-way and easements to erect, install, maintain, inspect and use electric and telephone poles. wires. cables. conduits. sewers, water mains. pipes. telephone and electrical equipment, gas. cable television. drainage facilities, ditches or lines. or other utilities or services and for any other materials or services necessary or convenient for the completion, marketing. and use and enjoyment of The Properties. (2) the right to cut any trees. bushes or shrubbery, make any gradings of the soi 1. or take any other similar action reasonably necessary to provide economical and safe utility installation and to maintain reason- able standards of health. convenience, safety and appearance. (3) the right to locate thereon wells. pumping stations and irriga- tion systems and lines. (4) the right and easement of ingress and egress for purposes of development, construction and marketing, and (5) such other rights as may be reasonably necessary to complete in an orderly and economic manner the development of all present and future phases of Bentley Green; provided, however, that said reservation and right shall not be considered an obligation of the Declarant to provide or maintain any such uti Ii ty. development. or service. The Declarant al so reserves the right to connect wi th and make use of the uti li ty lines, wires. pipes. conduits. cable television. sewers and drainage and other utility lines which may from time to time be in or along the streets and roads. or wi thin the Common Properties. ease- ments, or green belts. Finally. the Declarant reserves the right to use the Common Properties in his efforts to market The Proper- ties. The easements and rights-of-way herein reserved shall continue in existence in favor of the Declarant after conveyance of Common Properties to the Association unti 1 such time as the Declarant has sold or committed to separate scheme of development all Units in The Properties and all of the real property de- scribed on Exhibit "B" attached hereto. This Section may not be amended without the written consent of the Declarant. Section 6. Benefi~J~ri~oJ"___~E__~E!rn~r1t_~,- Jli~h:t~<3.!1(L Pri vi_~ leges. The easements, licenses, rights and pri vi leges estab- lished, created and granted by this Declaration shall be for the benefit of the Association. the Declarant, and the Owners, all as more specifically set forth elsewhere in this DeclarFltioll; and -11- . r-...) c:::> -. tl' o ~~ . .f 1 f" c:::> (..r.) to <-1'1 ,. r f '"0 ' 't~.. c. C) rn e e any Owner or the Declarant may also grant the benefi t of such easement, license, right or privilege to tenants and guests for the duration of their tenancies or visits, but the same are not intended nor shall they be construed as creating any rights in o~ for the benefit of the general public. ~ o r Section 7. Easement for Encroachments. In the event that~ any portion of any roadway, walkway, parking area, driveway, g water lines, sewer lines, utility lines, sprinkler system,~, building or any other structure or improvement as originally:- constructed encroaches on any Unit or Common Property, it shall be deemed that the Owner of such Uni t or the Association has granted a perpetual easement to the Owner of the adjoining Unit or the Association, for the continuing maintenance and use of such encroaching improvement or structure. The foregoing shall also apply to any replacements of any such improvements or structures if same are constructed in substantial conformity with the original structure or improvement. f'..) C) -.. m o o .~ ~;..., ~ ,. "- t=" :.:1 r t:" ( <::::) U) c..o -U' J:-o"- C~ III -:ry Section 8. this Article IV violations of or Springs, Florida. City 9% Winter ~~iD9? Nothing contained in shall be construed to permi t or authorize any deviations from the City Code, City of Winter ARTICLE V INSURA~J:---.bND CASU~1T",{~_QSSE~ The Association's Board of Directors shall have the author- ity to obtain insurance for insurable improvements on the Common Property owned by it, and on any Area of Common Responsibility, against loss or damage by fire or other hazards, including extended coverage, vandalism, and malicious mischief, and to obtain public liability policies covering the Association and its Members for damage or injury caused by the negligence of the Association or any of its Members or agents, and, if obtainable, directors' and officers' liability insurance, and to obtain any and all other types of insurance coverages with respect to such risks or persons as shall be deemed necessary or appropriate by the Board of Directors. Any insurance obtained shall include such coverages, contain such deductibles provi sions and be in such limits as shall be determined by the Board of Directors. The Association shall also have the discretion to self-insure against any risk. Premiums for insurance shall be a Common Expense if for the benefi t of the Association, its officers or directors, the entire membership as a group, or relate to the Common Property or the Areas of Common Responsibility. All such insurance coverage obtained by the Board of Direc- tors shall be written in the name of the Association, as Trustee, for the respective benefi tted parties. Exclusive authori ty to adjust losses under policies in force on the Common Properties -12- - e . . and obtained by the Association shall be vested in the Associa- tion's Board of Directors; provided, however, that no mortgagee having an interest in such losses may be prohibited from partici- pating in the settlement negotiations, if any, related thereto. ARTICLE VI I'.) C> -.. C'Cl C> Or"""" :;:oc: -" Cre at i ol}.__ 0 f tl1_~:l~!!-_<:lDci_ P_~~ SO~l}~J_Ob tLg.<:lt i on en m 3: Z of~ -- fT1 " o (" COVENANT FOR MAINTENANCE ASSESSMENTS Section 1. Assessments. ,. r (a) Each Owner by acceptance of a deed to any Unit;::! included in The Properties, whether or not it shall be so ex- pressed in any such deed or other conveyance, shall be deemed to and hereby does covenant and agree to pay to the Association: c:::> u.> c...o -.t '"0 ' >t (;') rn (1) annual assessments or charges, (2) special assessments, and (3 ) individual assessments. Said assessments shall be fixed, established and assessed to the Owners as hereinafter provided. The assessments together with interest thereon, late charges and costs of collection thereof, including court costs and reasonable attorneys' fees (including, wi thout limi tation, fees and costs upon appeal), shall be a charge and a continuing lien upon the Unit against which each such assessment is made from the date on which each such assessment is due. Each such assessment, togeth- er with interest, late charges, costs and attorneys' fees, as herein provided, shall also be the personal obligation of the person who was the Owner of such Uni t at the time when the assessment fell due. (b) Exempt PrQ.2.erty. The following property now or hereafter subject to this Declaration shall be exempt from the assessments, charges and liens created herein: 1. All Common Property; and 2. Lands owned by the Declarant which are not de- scribed on Exhibit "A" attached hereto and which have not been annexed by Supplemental Declaration. Except as set forth in this subsection, no land or improve- ments in The Properties shall be exempt from assessments, charges or liens. No Owner may avoid the obligation for the payment of assessments by virtue of non-use or abandonment of the Common Properties. Section 2. Purpose of Assessments. The assessments levied by the Association may be used for the purpose of promoting the recreation, health, safety, and welfare of the lands and Owners in The Properties, for the performance by the Association of its -13- e e duties and the exercise of the powers conferred upon it, for the improvement and maintenance of properties, services and facili- ties which have been or will be constructed, installed or fur- nished upon, and which are devoted to the purpose and related to the use and enj oyment of, the Common Properties, the Areas of Common Responsibility, and for such other purpose as may be deemed desirable or appropriate from time to time by the Board of ~ Directors, including but not limited to: ~ ~ o (a) Payment of operating expenses of the Association; ~ ("") Q and (b) Lighting, improvement and beautification of access ways and easement areas, and the acquisition, maintenance, repair and replacement of project identification signs, directional markers and traffic control devices, and the costs of controlling and regulating traffic on the access ways; and (c) To pay all real and personal property taxes and assessments (if any) separately levied upon or assessed against the Association or the Common Properties. Such taxes and assess- ments may be contested or compromised by the Association. It is the intent of this Declaration that, inasmuch as the interest of each Owner to use and enjoy the Common Property constitutes an interest in real property on a proportionate basis appurtenant to each benefitted Unit, the value of the interest of each Owner in such property shall be included in the assessed value of each Unit and any taxes levied directly against such community proper- ty should be of a nominal nature; and (d) Management, maintenance, improvement and beautifi- cation of landscaping and stormwater drainage and retention features on Common Property and the Areas of Common Responsibil- ity; and (e) Repayment of deficits previously incurred by the Association, if any, in making capital improvements to or upon the Common Property or the Areas of Common Responsibility, and in furnishing services to or for the Members of the Association; and (f) Repair and maintenance of all streets and roadways situated upon the Common Property or the Areas of Common Respon- sibility which have not been dedicated to any governmental unit; and (g) Funding of appropriate reserves for future repair and replacement; and (h) Doing any other thing necessary or desirable in the judgment of said Association to keep The Properties, the Common Property and the Areas of Common Responsibility neat and attracti ve or to preserve or enhance the value thereof, or to -14- ......., C) -... ~ o o ;><' c:> "'1 C,..\.) (- CoO ~ -0' :r;..' C'" fTl e . , eliminate fire, health or safety hazards, or which, in the judgment of the said Association, may be of benefit to the Owners or occupants of the Units. Section 3. Determination of Assessments. "'" c::> -. "' o ~~ (a) Operating Budget. It shall be the duty of the~ Board, by majority vote, at least forty-five (45) days prior to~ the end of the Association's fiscal year, to prepare and approve5 a budget covering the estimated costs of operating the Associa-~ tion during the coming year, including but not limited to opera-g tional items such as overhead and indi rect costs, insurance,:", utilities, taxes, repairs, reserves, maintenance and other: operating expenses, as well as charges to cover any deficits from prior years, and such capital improvement budget items as ap- proved by the Board pursuant to Subsection (b) below. -. c- C) c:....> c..o '7 r :.t r" c- ( or out;. >'" C) rn C.O (b) Capital Budget. The Board of Directors shall annually prepare a capital budget which shall take into account the number and nature of replaceable assets, the expected life of each asset, and the expected repair or replacement cost. The Board shall set the required annual capital contribution, if any, in an amount sufficient to permit meeting the projected capital needs of the Association, as shown on the capital budget, with respect to both amount and timing. The annual capital contribu- tion required shall be fixed by the Board and included within the annual operating budget and assessments. A copy of the capital budget shall be distributed to each Member as an Appendix to the operating budget. (c) Adoption of Budget. The Board shall cause a copy of the budget and the projected assessments to be levied for the following year to be delivered to each Member at least twenty-one (21) days prior to the end of the Association's fiscal year. The budget and the assessments shall become effective unless and until disapproved at a special meeting of the Members held on or before sixty (60) days after the proposed budget and assessments are mailed to the Members, by a vote of two-thirds (2/3) of the votes of the Association. In the event that the membership so di sapproves the proposed budget for the succeeding year, or in the event the Board shall fail to propose n budget, then and until such time as a new, acceptable budget shall have been determined, the budget in effect for the preceding year shall continue for the succeeding year. (d) Allocation__--9~As?l_~_~~I11~l}t?l_~m_o~9___l!!!i ts. The Operating Budget of the Association shall be assessed against all Owners and Units in The Properties in equal proportions per Unit owned. -15- e e Section 4. Special Assessments. (a) Special Assessments. In addition to the annual assessments established pursuant to Section 3 hereof, the Board of Directors of the Association may levy at any time a special" assessment for the purpose of defraying, in whole or in part, th~ cost of any construction or reconstruction, unexpected repair o~ replacement of a capital improvement upon the Common Property o~ any Area of Common Responsibility, including the necessarYc3 fixtures and personal property related thereto, for the purpos~~ of covering any insufficiency of assessments to fund the actualr monetary needs of the Association over and above the budgeted annual assessments, or for any other use or purpose deemed desirable or appropriate by the Board of Directors; provided, however, that any such special assessment shall have the approval of a maj ori ty of the votes of the Members (without regard to class) who are in attendance and voting in person or by proxy at a meeting duly called for said purpose. r-...:> c::::> ~ C) ..:=- c::> c:':) trl C> ~~ -, C'"J 1- r- ::;t.! '"' ~; (...:.: ..,- ""U"--" :r- 0.) C1 Pl (b) Individual Assessment. The Association may levy an individual assessment upon any Owner to cover the costs incurred by the Association due to that Owner's failure to maintain its Unit pursuant to the standards set forth in thi s Declaration, or to reimburse the Association for any damage to any Common Property or any Area of Common Responsibility caused by any Owner or its lessee or invitee, or for any other purpose permitted by this Declaration or any Supplemental Declaration. (c) Special Reserve Assessment. A one-time special assessment in the amount of Two Hundred Dollars ($200.00) per Unit for the purpose of establishing a reserve for the replace- ment and repair of the Common Properties shall be due from each Owner other than Declarant upon the closing of the transfer of title to the Unit from Declarant to that Owner. In the event of a transfer of title to a Uni t from Dec larant to a person or enti ty for the purpose of resale of the Uni t to a third party prior to occupation of the Unit, at the sole discretion of the Declarant the special assessment described herein may be deferred until the closing of the transfer of the Uni t to said third party. Section 5. D~?z__Comm~_ncemE:!_l}._t__gJ ___Aseessm~nts_;__lni ti al Ap.nual Assessmell:t; Due D_ates. The annual assessments provided for herein as to the Phase One Property shall commence on the first day of the first full calendar month following the recorda- tion of this Declaration. The annual assessment for each Addi- tional Property shall commence upon the first day of the first full calendar month after the recordation of the applicable Supplemental Declaration. The calendar annual assessment for the Phase year in which this Declaration One Property for the is recorded shall be -16- e e Seven Hundred Ninety Two Dollars ($792.00) per Unit. As to each Additional Property, the initial annual assessment for each Unit in the Additional Property shall be as set forth in the pertinent Supplemental Declaration. Annual assessments shall be due, in advance, on or beforgl In the commencement of the calendar year for which imposed; pro~ vided, however, the Board of Directors shall have the discretio~ to collect assessments in installments over the year for whic];; imposed at such payment intervals as it shall determine. In th~ event of such deferred payments, the Board shall also be permit~ ted to charge a uniform rate of interest upon the amounts from time to time remaining unpaid at any rate deemed appropriate by the Board; provided, however, such rate shall not exceed the statutory usury limit then existing. The Board may accelerate the unpaid balance of any assessment upon default in the payment of any installment thereon. r-v c::> ~ en o 0...., ;;0; :::~ c::> -r=- <:::) c-, ~ r- ::t: t.., ('"-: Co",' :.'" -0'-'-= ,.. co C) rr1 The amount of the annual assessment to be levied for the balance remaining in the first year of assessment shall be an amount which bears the same relationship to the annual assessment provided for in Section 3 hereof as the remaining number of days in that calendar year bears to three hundred sixty-five (365). The same reduction in the amount of the assessment shall apply to the first assessment levied against any Additional Property annexed at a time other than at the beginning of an assessment period. As to any Units owned by Declarant, Declarant shall have the option to either pay the annual assessment or, in lieu thereof, to pay such sums to the Association as are necessary to cover any funding requirements of the Association which are not met by the payment of assessments by the remaining Members. Declarant shall elect such option at the time of any required assessment payment, as to the period until the next such payment is due. Section 6. Certificate of P~ym~~t. Upon request, the Association shall furnish to any Owner liable for assessment a certificate in writing signed by an officer of the Association setting forth whether said assessment has been paid. Such certificate shall be conclusive evidence in favor of third parties of payment of any assessment therein stated to have been paid. Section 7. Effect _~on-paym~_!~,j:~_<2-f_~~sess~enj:::. I f any assessment is not paid on the date when due, then such assessment shall become delinquent and the delinquent assessment, together with interest thereon and/or late charges as shall be imposed by the Board at its discretion, and the cost of collection thereof, as herein provided, shall be secured by a continuing lien on the lands and improvements located thereon with respect to the -17- e e ownership of which the assessment accrued which shall bind such lands and improvements in the hands of the then Owner, its heirs, successors, personal representatives and assigns. Such lien shall be prior to all other liens hereinafter created except taxes or assessments levied by governmental authority, and except as to the lien of any institutional first mortgage, as hereinaf-m tel' provided. The personal obligation of the then Owner to pay~ such assessment, however, shall remain his personal obligationE and shall not pass to hi s successors in title unless expressly\; assumed by them, but no such assumption shall relieve any Ownerg personally obligated hereby for delinquent assessments from such~ Owner's personal liability therefor. : I'-.) ~ ~ trl o Or"'"_ ;;:0: -., ~ c: r- ::t: ,- c::::> .;::- ~ ", <- <-' " -u r:; 1" "" C') P1 If the assessment or installment thereon is not paid within thirty (30) days after the due date, same shall bear interest from the date due at the highest rate allowed by Florida law or at such lesser rate as may be determined by the Board and uni- formly applied, and the Association may bring an action at law for collection against the Owner personally obligated to pay the same and/or to foreclose the lien against the lands and improve- ments, and there shall be added to the amount of such assessment the aforesaid interest, late charges, if any, costs of collection and court costs, and reasonable attorneys' fees, including court costs and attorney's fees upon appeal, and the said costs of collection shall be recoverable whether or not suit be brought. If it becomes necessary for the Association to file a claim of lien against any Uni t, a lien fee in an amount set by the Board of Directors may be charged by the Association. Such lien fee shall be added to the unpaid assessment and same shall be secured by the lien hereby created. S ec ti on 8. St!1:>o !'iUJ!:~J i on ..s:>L_:t}:l~nLi~ n_to C_ex:tatl!_lYIQrJ~g~g~~. The lien of the assessments provided for by this Declaration shall be subordinate to the lien of any mortgage or mortgages now or hereafter placed upon any Unit in The Properties and held by a commercial or savings bank, savings and loan association, trust company, credit union, industrial loan association, insurance company, pension fund, or business trust, including but not limi ted to a real estate investment trust, any other lender regularly engaged in financing the purchase, construction, or improvement of real estate, or any assignee of loans made by such lender, or any private or governmental institution or agency which has insured the loan of any such lender, or any combination of any of the foregoing entities; provided, however, that a sale or transfer of any Unit pursuant to a decree of foreclosure, or pursuant to any proceeding in lieu of foreclosure, shall not relieve such Unit from liability for any assessments which thereafter become due, nor from the lien of any subsequent assessment. Said assessment liens, however, shall be subordinate to the lien of any such mortgage or mortgages hereafter placed upon the properties subject to assessment. -18- - e Section 9. Adiustment or Abatement of Assessments to Reflect Varying Levels of Services. The Board of Directors is authorized to enter into agreements with or to grant concessions to any Owner or group of Owners whereby said second party may perform as to the affected lands or any right-of-way or Area of Common Responsibility in or adjacent thereto, anyone or more of the functions, duties or prerogatives of the Association and t~ recei ve in exchange therefor a reduction or moratorium on an~ assessments or any other obligations to the Association whic:ij2 otherwise would be payable by said second party and same shallm not be considered as discrimination among the Owners. Further~ more, in determining assessments payable by the Owners, the Boar~ of Directors may in its discretion allocate among the Owners affected or benefitted the varying cost components of the budget to reflect varying levels of services to different Owners. f'.:) <::;:) ~ co C> ~q ..., c-; c::> ..p- c::> I".,\.' 1- ,- :.:' -~ ,--, <C.~ C:.-.' :on -0"" :l> (; j C") rn Section 10. Association Agreements for Use of Common Property. The Board of Directors shall have the authority to grant to the owners and occupants of lands and improvements not subject to the scheme of this Declaration non-exclusive rights of use and enjoyment in and to the Common Properties and improve- ments thereon in consideration of services, payments, or both, or any other consideration passing to or for the benefi t of the Association in such amounts and upon such terms as shall be acceptable to the Board in its discretion. The services therein referred to may include but are not limited to the performance of one or more duties, functions or prerogatives of the Association such as but not limited to maintenance or improvement of any Area of Common Responsibility. ARTICLE VII ARCHITECTURAL CONTROL ---------. ...--------.--... Section 1. Architectural Control; ARB. All lands and improvements in The Properties are subject to architectural and environmental review. Thi s review shall be in accordance wi th this Article and the Bentley Green Planning, Construction and Development Criteria described below. No sitework, landscaping, utilities extensions, drainage improvements, paving, parking areas, building, fence, wall or any other physical or structural improvement, or change or alteration to the exterior of any existing structures or improvements, or to any existing landscap- ing, shall be commenced, erected or maintained until the plans and specifications showing the nature, size, workmanship, design, signs, shape, finished grade elevation, height, materials and color of the same, together with a detailed landscape plan and a plot plan showing the location relative to boundaries and adja- cent improvements of such proposed improvements or changes, shall have been submitted to and approved in writing by the Architec- tural Review Board (the "ARB") as to consistency with the Bentley -19- -- e Green Planning, Construction and Development Criteria ("the Planning Criteria"), harmony of exterior design and materials, location in relation to surrounding structures, and drainage features and topography. The ARB shall promulgate and revise from time to time the Planning Criteria for The Properties. The Planning Criteria shall be set forth in writing and made available to all builders~ doing business in The Properties, and to all Members and prospec-~ tive Members of the Association. The Planning Criteria may~ include any and all matters considered appropriate by the ARB notm inconsistent with the provisions of this Declaration, including~ without limitation minimum square footage requirements for Units.~ r- So long as the Declarant owns any lands subject to this Declaration or any Supplemental Declaration or included in the real property described in Exhibit "B", the Declarant shall be enti tIed to appoint all members of the ARB. Thereafter, the membership of the ARB shall be determined by the Board of Direc- tors of the Association, and the Board may, in its discretion, act as the ARB. The ARB shall consist of no less than three (3) members, none of whom shall be required to be owners or occupants of The Properties. The Declarant may at any time assign in wri ting its powers of removal or appointment to any entity or person, subject to such terms and conditions as the Declarant may choose to impose. Nothing herein contained shall be deemed to limit the right of an Owner to finish or alter the interior of that Owner's improvements as that Owner deems appropriate or desirable. The concurrence of a majority of the members of the ARB shall be required for any decision of the ARB. The conclusion and opinion of the ARB shall be binding. If in its opinion, for any reason, including purely aesthetic reasons, the ARB should determine that any proposed improvement. alteration, etc. is not consistent with the Planning Criteria, such alteration or improvement shall not be made. Section 2. Approval or Disap~~~a~. Unless waived by the ARB, all plans and specifications shall be prepared by an archi- tect or engineer, said person to be employed by and at the expense of the Owner making the application. Approval of the plans and specifications may be withheld not only because of non- compliance with any of the specific conditions, covenants and restrictions contained in this Declaration, but also by virtue of the reasonable dissatisfaction of the ARB wi th the location of the structure on the lot, the elevation, the color scheme, the finish, design, proportions, architecture, drainage plan, shape, height, style and appropriateness of the proposed structures or al tered structures, the materials used therein, the planting, landscaping, size, height or location of vegetation on the property, or because of its reasonable dissatisfaction with any or all other matters or things which, in the reasonable judgment -20- N Q ~J CD C> ~.~ '. ._c~ )- r c::::::> .;::- <::) ;;1. r' rc . c.~- ;r "'U <:c >"" ~ IT! -~ - e of the ARB, will render the proposed item of improvement inharmo- nious or out of keeping with the Planning Criteria. Two (2) sets of plans, specifications and plot plans shall be submitted to the ARB by the Owner prior to applying for a building permit. The Owner shall obtain a written receipt for the plans and specifica~ tions from an authorized agent of the ARB. Plans and re~ submittals thereof shall be approved or disapproved within thirtj2 (30) days after receipt by the ARB. Fai lure of the ARB t<f'1 respond in writing to a submittal or re-submittal of plans withi~ such period shall be deemed to be an approval of the plans a~ submi tted or resubmitted. The ARB approval or di sapproval, a5 required by this Declaration, shall be in wri ting and shall accompany one (1) copy of the plans, etc., to be returned to the Owner. Whenever the ARB disapproves plans and specifications, the disapproval shall be accompanied by a wri tten outline of the reason or reasons for such disapproval. The remaining copy shall become the property of the ARB. '" c:;:) -.. Cl:l o ~~ ....., n ). r- ',:.'7 ~ ~ (".' -" ~ .;:- c::) en " .:.: J- ~.t C1 rT1 Section 3. Violations;~iver. The work approved must be performed strictly in accordance wi th the plans, speci fications and plot plans, as submitted and approved. If after such plans and specifications have been approved, the improvements are altered, erected, or maintained upon the property otherwise than as approved by the ARB, such alteration, erection and maintenance shall be deemed to have been undertaken without the approval of the ARB having been obtained as required by this Declaration. After the expiration of one (1) year from the date of completion of any improvement, addition or alteration, said improvement shall, in favor of purchasers and encumbrances in good faith and for value be deemed to comply with all of the provisions hereof, unless a notice of such noncompliance executed by any member of the ARB shall appear of record in the office of the Clerk of the Circuit Court of Seminole County, Florida, or legal proceedings shall have been instituted to enforce compliance with these provisions. Upon approval of the ARB, it shall be conclusively presumed that the location and exterior configuration of any building, structure or other improvement placed or constructed in accordance with the approved plans and specifications does not violate the provisions of this Declaration. The approval of the ARB of any plans or speci fications submi tted for approval as herein specified shall not be deemed to be a waiver by the ARB of its rights to object to any of the features or elements embodied in such plans or specifications if or when the same features or elements are embodied in any subsequent plans or specifications submitted, nor shall its approval be deemed approval of any plan or design from the standpoint of structural safety or conformance with building or other codes. Section 4. Variances. The ARB may authorize variances from compliance from any of the architectural provisions of this Declaration or the Planning Criteria, including without limita- tion restrictions upon height, size or placement of structures, -21- e e or similar restrictions, when circumstances such as topography, natural obstructions, hardship, aesthetic or environmental considerations may require. Such variances must be evidenced in writing and must be signed by at least two (2) members of the ARB and shall be effective upon delivery to the Owner. If such variances are granted, no violation of this Declaration shall be~ deemed to have occurred with respect to the matter for which the~ variance was granted. The granting of such a variance shall not~ operate to waive any of the terms and provisions of this Declara~~ tion or the Planning Cri teria for any purpose except as to the!=> particular Unit and the particular provi sion covered by the ~ variance, nor shall it affect in any way the Owner's obligation" to comply wi th all governmental laws and regulations affecting the use of the Owner's Unit, including but not limited to zoning ordinances and setback requirements imposed by the City of Winter Springs, Florida. f',,) o -.... OJ C) ~c;. ., l < -:> ,-. r c. c:::l ..;:- c::) C"') ~. -u~. >" C") rn Section 5. Waiver of Liability. Neither the Declarant, the ARB, any member of the ARB, or the Association, or any of their representatives, provided that they have acted in good faith, shall be liable in damages to anyone submitting plans for approv- al or to any Owner or occupant of The Properties by reason of mistake in judgment, negligence or nonfeasance arising out of or in connection with the approval or disapproval of any plans, or the failure to approve any plans. Every person who submits plans for approval agrees, by submission of such plans, and every Owner or occupant of any Unit agrees, by acquiring title thereto or an interest therein, that it will not bring any action, proceeding or suit to recover any such damages. Approval of any bui lding plans, specifications, site or landscape plans or elevations, or any other approvals or consents pursuant hereto or otherwise is given solely to protect the aesthetics of The Properties and shall not be deemed a warranty, representation or covenant that such buildings, improvements, landscaping or other action taken pursuant thereto or in reliance thereon complies with, or is not in violation of, any applicable laws, codes, rules or regula- tions. The Declarant, the ARB, or any agent or architect thereof, shall not be responsible in any way for any defects in any plan or specifications submi tted, revised or approved in accordance with the requirements of the ARB, or for any structural or other defect in any work done according to such plans and specifica- tions. This Article may not be amended without the Declarant's written approval so long as the Declarant owns any Unit or is a Class "B" Member. Nothing contained in this Section shall be construed to permit or authorize any violations of or deviations from the City Code, City of Winter Springs, Florida. -22- e tit Section 6. Enforcem~nt of Planning Criteria. The Declarant and the Board of Directors shall have the standing and authority on behalf of the Association to enforce in courts of competent jurisdiction the Planning Criteria and the decisions of the ARB. Should the Declarant or the Association be required to enforcef.n the provisions hereof by legal action, the reasonable attorneys'~ fees and costs incurred, whether or not judicial proceedings are~ involved, including the attorneys' fees and costs incurred on~ appeal from judicial proceedings, shall be collectible from theg violating Owner. Should any Owner fai 1 to comply with the:.., requirements hereof after thirty (30) days' written notice, the: Declarant and the Association shall have the right to enter upon the Owner's property, make such corrections or modifications as are necessary, or remove anything in violation of the provisions hereof or the Planning Criteria, and charge the cost thereof to the Owner. The Declarant and the Association, or their agents or employees, shall not be liable to the Owner or to any occupant or invitee of any Unit for any trespass or damages or injury to the property or person unless caused by negligence or intentional wrongdoing. Section 7. Term of ~proval. Approval by the ARB shall be effe~tive for a period of one (1) year from the date the approval is given, or one (1) year from the expiration of the thirty (30) day period specified in Section 2 hereof where approval is not expressly granted or denied. If construction has not commenced wi thin the said one (1) year period, the approval shall have expired and no construction shall thereafter commence without written renewal of such prior approval. ARTICLE VIII EXTERIOR MAINTENANCE -" -----.,-.-,.----- Section 1. Owner's Responsibi li...t.Y_;_Defaul t. It shall be the affirmative duty of each Owner at all times to keep and maintain the improvements, landscaping and stormwater drainage and retention improvements located on and serving to drain only its Unit in good and presentable condition and repair consistent with the approved plans and specifications therefor, subject to the provisions of Article X hereof. The Association shall have the right to provide exterior maintenance upon any Uni t and improvements thereon in The Properties in the event of default by any Owner in that Owner's duties hereby imposed; subject, howev- er, to the following provisions. Prior to performing any mainte- nance on an Owner's property, the Board of Directors of the Association shall determine that same is in need of repair or maintenance and is detracting from the overall appearance of The Properties. Except in the event of an emergency, prior to commencement of any maintenance work, the Board of Directors must furnish fifteen (15) days' prior written notice to the Owner at -23- "'" C) ~ to o 0....... ~-, < , l- i' '-"J '" c::> ..j::- c::> -..J < . ( . -,~ -U' . )>"'. c-, r< - - .. the last address listed in the Association's records for said Owner notifying the Owner that unless certain specified repairs or maintenance are commenced within said fifteen (15) day period and thereafter diligently pursued to completion, the Association may procure said repairs and charge same to the Owner. Upon the failure of the Owner to act wi thin said period of time and t<<n thereafter diligently pursue repairs or maintenance, the Associa~ tion shall have the right to enter in or upon any Unit and th~ exterior of any improvements located thereon, or to hire person~ nel to do so, to make such necessary repairs, or maintenance a~ is specified in the written notice. In this connection, the.." Association shall have the right to do such things as, bur limited to, paint, repair, replace and care for roofs, gutters, downspouts and exterior bui lding surfaces, c lean or resurface paved access ways and parking areas, trim and care for trees, shrubs, grass, walks, swales, berms and other landscaping and drainage improvements not otherwise to be maintained by the Association, as well as to provide general cleanup, shoreline maintenance, and removal of debris which in the opinion of the Association detracts from the overall beauty and setting of The Properties. The Declarant and the Association, or their agents or employees, shall not be liable to the Owner for any trespass or damages or injury to the property or person of the Owner or the occupants or invi tees of the affected Uni t or improvements thereon unless caused by negligence or intentional wrongdoing. Section 2. Assessment of Cost. The cost of the repair or maintenance referred to in Section 1 shall be assessed as an individual assessment against the Owner of the Unit or improve- ments upon which such maintenance is done. Said individual assessment shall be secured by a lien upon the affected Unit and improvements and shall also constitute a personal obligation of the Owner. The individual assessment shall be collectible, along wi th interest at the highest rate allowed by law from date of expenditure to date of payment by the Owner, and costs of collec- tion and attorneys' fees, in the same manner as delinquent annual assessments. Section 3. Access at Reasonable Hou~~. For the purpose of performing the repairs or maintenance authorized by this Article, the Association, through its duly authorized agents or employees, shall have the right to enter upon any Unit and the exterior of any improvements thereon during reasonable hours on any day except Sundays and holidays, except that in an emergency situa- tion, as determined by the Board, entry may be made on any day and at any hour. Section 4. Assoc~_C!j:j_on MaintE:!J1Cll1.ce_Re::;p_Qnsi!:?JJJ t..Y. (a) The Associ ation shall maintain and keep in good repair the Common Property and Areas of Common Responsibi Ii ty, and all improvements thereon. Said maintenance obligation shall -24- l"'V <=> -.. ro t:> ~~ --. n .... ,~. ~~ r-.' ,..--, c..:' ";.7" -0';:-- >Cd C) rTl C) -+=- C) co e fI be deemed to include but not be limited to maintenance, repair and replacement, subject to the insurance and casualty loss provisions contained herein, of all utility lines, pipes, wires, glass, conduits, structures, systems, trees, fences, shrubs, grass, streets, parking spaces, walks, and other improvements situated upon the said Common Property and Areas of Commo~ Responsibi Ii ty. It shall also be the affirmative duty of th~ Association to maintain as a Common Expense all stormwate~ drainage and retention improvements and features located in Th~ Properties or Areas of Common Responsibility and comprising par~ of the master stormwater drainage plan for Bentley Green. AI!.., maintenance of each Unit in The Properties and all parts of any structure thereon, unless specifically identified as being the responsibility of the Association, shall be the responsibility of the Owner of such Unit. Notwithstanding the foregoing, the responsibili ty of the Association regarding the maintenance of the yards in the Units as Areas of Common Responsibility shall be limited to such as is expressly provided in Article X hereof. I"-.) c:;) -.., CD C> ~~ -.... n ).. . - ;J~ c::::> -r:- c::) '.0 ,-, ..., <("~. ^' '"'tl co:> >"" C) rT1 (b) Ponds and VVRS. Notwi thstanding anything to the contrary contained herein, and without limiting the generality of any other provision of this Declaration, the Association shall own (or have the right to use) and will maintain the stormwater management system, including but not limited to all detention and retention ponds and vertical volume recovery structures ("VVRS") situated within the Properties or situated outside the Properties but serving the Properties as an Area of Common Responsibility. Inlets to exfiltration systems must be inspected and cleaned of debris and sediment on a quarterly basis in February, May, August and November of each year. If the system becomes clogged, maintenance measures must be taken to ensure the system will function as designed. I f maintenance measures prove insuffi- cient, the permittee must apply for and obtain Water Management district and Ci ty of Winter Springs approval of an alternate design that will perform the same function. The Association does not own the golf course pond adjoining the Properties, but said pond may be used, and will be maintained, by the Association. ARTICLE IX RESTRICTIVE COVENANTS -- _._.~--- The Properties shall be subj ect to the following restric- tions, reservations and conditions which shall be binding upon each and every Owner and its hei rs, personal representatives, tenants, invitees, successors and assigns, as follows: Section 1. Wat~L_and Sew~_SL~__.f..~<;:JJJtie.~. No individual water supply system or individual sewage disposal system shall be permitted. -25- e e Section 2. Landscaping. Except as provided in Article X hereof, landscaping on each Unit and stormwater drainage and retention features located on and serving only that Unit shall be continuously maintained in good, aesthetically pleasing condition by the Owner thereof. The Owner of each Unit abutting a body of water or any canal shall maintain the shoreline of said Unit free of debris and weeds consistent with applicable environmenta~ regulations. All landscaped and grassed areas on each Unit shal~ be watered by means of an automatic underground sprinkler syste~ which shall be employed so as to keep all vegetation in excellen~ condition. Landscaping as approved by the ARB shall be installed? within thirty (30) days of occupancy or completion of any build-~ ings (as evidenced by a certificate of occupancy or its equiva-' lent), whichever occurs first. l'...) c;:) -...a CD o ~q ..., c:;, 1- ,- c::> .;:00 ":1" ,-, r') ~ -0 r:.:;l >..., c, rn c:::> Section 3. Obnoxious or Offensive Activ~~, No obnoxious or offensive activity shall be allowed upon The Properties, nor shall any use or practice be allowed which is a source of annoy- ance, embarrassment or discomfort to Owners or their tenants or invi tees, or which interferes wi th the peaceful possession and proper use and enjoyment of The Properties, nor shall any improp- er, unsightly, offensive or unlawful use be made of any Unit or any improvements thereon or of the Common Property, nor any part thereof, and all laws, zoning ordinances, and regulations of all governmental bodies having jurisdiction shall be observed. The use, enjoyment and occupancy of The Properties shall be in such a manner so as not to cause or produce any of the follow- ing effects discernible outside buildings located thereon or affecting the adjoining property or any portion or portions thereof: noi se or sound that is obj ectionable because of its volume, duration, intermittent beat, frequency or shri llness; smoke; noxious, toxic or corrosive fumes or gases; obnoxious odors; dust, dirt or fly ash; unusual fire or explosive hazards; or vibration. Section 4. Rules and Regulations. Rules and regulations promulgated by the Board of Directors of the Association as to the use and enjoyment of The Properties shall be observed by the Owners and occupants thereof. Such rules and regulations may involve such matters as air conditioning units, signs, mailboxes, temporary structures, noisy mufflers or other nuisances, garbage and trash disposal, clotheslines, parking, vehicle traffic and the state of repair of vehicles, tree removal, gutters, pets, game and play structures, swimming pools, television antennae, dri veways, walkways, sight di stances at intersections, garages, and fences. These matters are set out by way of illustration only and shall not be construed to limi t the authori ty of the Board of Directors to promulgate and enforce rules and regula- tions. Such rules and regulations may augment or clarify the terms of this Declaration or any provision, covenant or restric- tion herein contained. Copies of such rules and regulations -26- e e shall be made available to each Owner prior to the time same become effective. Nothing contained in thi s Section shall be construed to permit or authorize any violations or deviations from the City Code, City of Winter Springs, Florida. Section 5. Animals. Birds, dogs and cats may be kept as pets only, and shall not be held or offered for sale or main- tained or bred for any commercial use. Birds, dogs and cats which are kept as pets shall be sheltered inside structures; nOfl'l animal shelter shall be permitted outside. All dogs and cats~ must be leashed when outside and shall not be permitted to run~ loose. No other animals, fowl, reptiles or livestock shall be::;; kept or maintained in The Properties. No animal, etc., shall beg permitted to remain if it disturbs the tranquility of The Proper-~ ties or the Owners or tenants thereof. No more than two dog or~ two cats may be kept at any Unit. r-....> c::> ....... C:tJ o ~~ ,""" ...., ;~ ~. ,. ~ ~~ "" -or:;'~ )>". C') I'T1 c:::> Section 6. Garbage and Trash. No trash, garbage or other waste material or refuse shall be placed or stored on any part of The Properties except in covered or sealed sanitary containers. All such sanitary containers must be stored within each building, buried underground, or placed within an enclosure or concealed by means of a screening wall of material similar to and compatible with that of the building. These elements shall be integrated with the concept of the building plan, shall be designed so as not to attract attention, and shall be located in the most inconspicuous manner possible. Section 7. Storage Receptacles. No fuel tanks or simi lar storage receptacles may be exposed to view, and same may be installed only wi thin an approved accessory building, wi thin a screened area, or buried underground, and shall otherwise comply wi th standards established from time to time by the Board of Directors. Section 8. Vehicles and Repair. No inoperative cars, motorcycles, trucks or other types of vehicles shall be allowed to remain either on or adj acent to any Uni t for a continuous period in excess of forty-eight (48) hours; provided, however this provision shall not apply to any such vehicle being kept in an enclosure and not visible from the street or any neighboring Unit. Additional rules and regulations regarding use, repair and storage of vehicles in The Properties may be promulgated from time to time by the Board of Directors. Section 9. Temporary Structures. No building or structure of a temporary character, including trai lers, tents and shacks shall be permitted in The Properties; provided, however, tempo- rary improvements used solely in connection with the construction of approved permanent improvements shall be permitted so long as located as inconspicuously as possible and removed immediately upon completion of such construction. -27- e e Section 10. Signs. No signs, advertisements, billboards, solicitation or advertising structures of any kind shall be erected, modified or maintained on any Unit, unless prior written approval of the ARB is obtained; provided, however, street numbers and name signs on individual Units and one sign contain- ~ ing not more than six (6) square feet of surface area per side (2 ~ sides maximum) and used solely in connection with the marketin~ -., of Units for sale shall be permitted without prior approval. Th~ restrictions of this section shall not apply to the Declarant. ~ m Section 11. Air-Conditioning E~uipment. No air condition~ ~ ing equipment which is visible on the exterior of any improvemen~l ~ shall be permitted in The Properties unless approved by the ARB.: Approval shall be based upon adequacy of screening and/or land- . "" scaping of such equipment. The ARB may prohibit window air conditioning units altogether or impose stricter standards. OJ C) ~~ ..... ;:--; .r- ,-. '" ,., r' c..:' ;.r~ -Uc;: ~ en C;1 Pl Section 12. Draina~e Structures. No person (other than the Declarant), without the prior written approval of the ARB, and the City of Winter Springs, Florida shall obstruct, alter or in any way modify the method and/or structures of drainage utilized or now or hereafter installed by the Declarant or the Association from, on and over any Unit, Common Property or any Area of Common Responsibili ty; nor shall any structure be erected, placed or maintained which shall in any way obstruct such drainage devices or facilities or impede their efficient operation. Section 13. Antennae. No outside antenna, including without limitation any television, radio, microwave or dish antenna, shall be erected, used or maintained in The Properties without the prior written approval of the ARB. Section 14. Subdivision. No part of The Properties shall be further subdivided without the prior written consent of the Ci ty of Winter Springs, Florida. In addition the prior written consent of the Declarant shall be required for so long as the Declarant owns any lands in The Properties or in the real proper- ties described on Exhibi t "B". and thereafter by the Board of Directors. Section 15. Completion of Constr~~~i~B. After commencement of construction of any improvements in The Properties, the Owner shall diligently prosecute the work thereon, to the end that the improvements shall not remain in a partly finished condition any longer than reasonably necessary for completion thereof. The Owner of the Unit on which improvements are being constructed shall at all times keep public and private streets contiguous to the Unit free from any dirt, mud, garbage, trash or other debris which might be occasioned by construction of the improvements. Section 16. Excavation. No clearing or excavation shall be made except in connection with the construction, maintenance or -28- e tit repair of an improvement; and upon completion thereof exposed openings shall be backfilled, and disturbed ground shall be leveled, graded and seeded, as provided on the approved plans for landscaping. Section 17. Maintenance of Protective Screening. Excluding that comprising an Area of Common Responsibility to be maintaine~ by the Association, any protective screening constructed alon~ exterior Unit lines as a buffer against the encroachment oF? noise, dust and/or visual pollution, or other adverse influences~ shall be maintained by the Owners of such Unit, at such Owner'~ expense, including the repair and replacement thereof from time, to time, for so long as such buffer shall continue necessary by virtue of the continued adverse influence on the adjacent proper- ties, which such necessity shall be determined by the ARB. l'..) C) ....., to o ~~ ~ r> .,:.. , C) ..;:;- :::' ~ ,.., < , f!..-.' :", -ot::...:: ><n G) P1 (.1..' Section 18. Utility Service. No "service lines" shall be constructed, placed or maintained anywhere in or upon The Proper- ties unless the same shall be contained in condui ts or cables constructed, placed and maintained underground or concealed in, under or on bui ldings or other approved improvements; provided electrical transformers may be permitted if properly screened and approved by the ARB. Nothing herein shall be deemed to forbid the erection and use of temporary power or telephone service poles incident to the construction of approved improvements. The foregoing shall not apply to "transmission lines" now or hereaf- ter existing on The Properties. As used herein, the term "ser- vice line" shall include lines, wires, or other devices for the communication or transmission of electric current or power on any site or part thereof, including without limitation telephone and television signals. As used herein, the term "transmission line" shall include such master lines, wires, etc. as transmi t the current or power to the Units or parts thereof, and from which the "service lines" run. Section 19. Mailboxes. No mailboxes shall be permitted in The Properties unless and until approved by the ARB, and subject to such requirements as may be imposed by the ARB. Every Unit shall have its own mailbox, located on the Unit. The ARB may authorize two (2) adjoining Units to share a single mailbox structure located on or near the common property line. Mailboxes shall not be located over underground drainage pipes, and shall be designed to "breakaway" in the event of significant impact. Section 20. Clotheslines. No clotheslines shall be permit- ted in The Properties. Section 21. Pla~ructures and Ya~(:L6cc~--Esories. All yard accessories and play structures, including basketball backboards and any other fixed games, shall be located at the side or rear of the residential structure, or to the rear of the residences on corner Units, within the set back lines. -29- e - Section 22. Trees. Trees measuring six inches (6") or more in diameter at three feet (3') or more above ground level shall not be cut or removed from The Properties wi thout the prior written consent of the ARB unless the trees are located within six feet (6') of the residence or its proposed location as approved by the ARB. Notwithstanding, no trees shall be cut or removed without all required approvals of the City of Winte~ Springs, Florida. ~ <::) r- Section 23. Setbac~. In addition to any setback re~ quirements of the City of Winter Springs, Florida, any buildin~ ~ structure located on any Unit shall not be located any neare1"'l ~ than 15 feet from the front or rear property lines, zero feet oh side lot lines provided all building structures are no nearer ..r-:- than 10 feet from any building structure on any side adjoining Unit, 100 feet from the centerline of Howell Creek, 40 feet from-- any golf course or country club property except for the property abutting the 17th fairway lake, which setback shall be 20 feet, and 20 feet from any retention or detention ponds or the existing golf course pond. No pool (excluding surrounding patio) shall be located closer to the side yard property line of the Unit upon which said pool is located than the distance required by the zoning ordinances of the City of Winter Springs, Florida for side yards in the zone in which the Unit is located plus 3 feet, not closer than 10 feet from the rear property line, nor shall any part of the pool structure within and including the coping intrude upon any easement. Screen enclosures shall not be located closer to the side yard property line than the side yard setback requirement established by the zoning ordinances of the Ci ty of Winter Springs for the Uni t upon which the pool is located, nor closer to the rear property line than 7 feet. t-..,) <:::::> -., t:l:l o 0..-- ="<:...., .::r:. c, :r.. , .~ . ,..., r".) C'".. :.fJ ~r::~ >"" C) Pl ARTICLE X ----_.--- MAINTENANCE OF UNIT LANDSCAPING ____.___.____.___....n______ _._ Section 1. Common Maintenance ~rea. The Declarant intends, and by purchasing a Uni t in The Properties each Owner agrees, that the Association shall be responsible for maintaining, at the expense of the Owners of Uni ts in The Properties, the yard of each Unit, including wi thout limi tation the cutting of grass, trimming and maintaining of trees, plants and shrubs, weeding, ferti lizing, and insect control. The area of each yard to be maintained by the Association shall be all of the original landscaping of each Unit in The Properties installed coincident with the construction of the original improvements on the Unit as well as other landscaping installed by the Owner and approved for maintenance by the ARB in the exercise of its reasonable discre- tion; excluding, however, the areas of any yard enc lased or otherwise not readily accessible to maintenance personnel. This area shall be referred to as the "Common Maintenance Area." The -30- e e right to maintain such area is not exclusive with the Association and the Owner may also provide such additional maintenance and/or additional landscaping as may be desired, so long as any addi- tional landscaping be maintained by the Owner to the same stan- dard as the maintenance of the balance of the Common Maintenance Area. The Association may enter into agreements with third parties to fulfill its obligations hereunder. ~ fTl 3: The amount of each yard inaccessible for maintenance and th~ amount of separate or additional maintenance provided by eacJ:f;; Owner shall have no bearing on the amount assessed against ag particular Unit by the Association for maintenance of the Common Maintenance Area. Minor repairs to sprinkler heads and under-r ground lines comprising part of each sprinkler system within the Common Maintenance Area will be included in the maintenance duties of the Association. Each Owner will be responsible to obtain and pay for water service for irrigation, maj or mainte- nance and replacement of sprinkler heads and underground lines, and all repair and replacement of sprinkler controls. f"-.) c:::> ~ CI:l C) 0..,., ;;>o:~ ,~ c, :-;-... ,- <:::> -" ,-, roo r."' '")1-1 -UC:~ :r,. Co C> P1 ..;:- c..n Section 2. Easement over Common Maintenance Area. The ------.----- Association, its agents, independent contractors and employees are hereby granted a perpetual nonexclusive easement over, upon and within the Common Maintenance Area for the purpose of per- forming the maintenance obligations described in this Article. Section 3. Limitations. The maintenance responsibi Ii ties of the Association described in this Article shall not include the replacement of any trees, shrubs, sod, or other landscaping materials except those damaged or destroyed through the negli- gence or willful misconduct of the Association in the performance of its duties hereunder. The extent and degree of the mainte- nance to be performed by the Association hereunder shall at all times be as determined solely by the Association, provided that the standard of maintenance provided shall always be, at a minimum, reasonable and customary for residential communities similar to The Properties. Unless expressly authorized by the Association in a particular instance, the maintenance duties of the Association shall not include preventative efforts to protect landscaping against damage due to changes in temperature, wind- storms, excessive or insufficient rainfall, abnormal plant diseases or abnormal insect problems. ARTICLE XI ----~_._----- SECURITY STATION For the preservation of the safety and security of The Properties and the Owners, the Association may determine, upon the affirma- tive vote of three-quarters (3/4) of its Member votes, to install at the right of way entrances to The Properties a security -31- e e station with a security guard and wi th or without a security gate. The expense of such security features may be assessed to the Owners specially and/or as a part of the annual assessment, as determined by the Board of Directors. en ARTICLE XII .~ ::;: o AMENDMENT BY DECLARANT ..r.;; C"") The Declarant reserves and shall have the sole right to (ap amend this Declaration for the purpose of curing any ambiguity i~ or any inconsistency between the provisions contained herein; (b) include in any contract or deed or other instrument hereafter made any additional covenants and restrictions applicable to any Uni t which do not lower the standards of the covenants and restrictions herein contained; (c) release any Unit from any part of the covenants and restrictions contained herein which have been violated if the Declarant, in its sole judgment, determines such violation to be a minor or insubstantial violation; (d) amend this Declaration without vote or consent of the Owners in any manner which does not adversely affect the substantive rights of an existing Owners or mortgagees; and (e) to amend this Declaration during the first two (2) years after same has been recorded to comply with the request of any Mortgagee referred to in Section 8 of Article VI. The foregoing amendments may be made without the joinder or approval of any Owner, Mortgagee, or the Association, but such shall require the approval of the City of Winter Springs, Florida. ARTICLE XIII ADDITIONAL COVENANTS AND___R]:'.:$J_RICTJ_QNS No Owner, without the prior written approval the City of Winter Springs, Florida and of the Declarant for so long as the Declarant owns any lands in the Development Plan (and thereafter without the prior written approval of the Board of Directors of the Association), may impose any additional covenants or restric- tions on any part of The Properties. ARTICLE XIV --------.- AMENDMENT ----------- Except as to provisions relating to amendments set forth herein regarding certain specific items and the method of amend- ing or altering same, any other provi sions, covenants, or re- strictions set forth herein may be amended in accordance with this provision. The holders of at least two-thirds (2/3) of the -32- I'..) c::> -.s m C) o :x~ ~ Co, ~r- ,.- ::t: r" c.... c_:~. 7:'1 ." ,::7 :t>- (.,) '" rtl c::> -+=- 0"') e e votes in the Association, without regard to class, may change or amend any provision hereof (1) by executing a written instrument in recordable form setting forth such amendment, or (2) by causing a certified copy of a duly adopted resolution of the Owners to be prepared, and having the same duly recorded in the Public Records of Seminole County, Florida. A proposed amendment may be initiated by the Declarant, the Association, or by peti~ tion signed by ten percent (10%) of the Owners. If a propose~ amendment is to be adopted by vote, a written copy of the pro~ posed amendment shall be furnished to each Owner at least thirt~ (30) days but not more than ninety (90) days prior to the meetin~ to discuss the proposed amendment. If adopted by vote, th~ affirmative vote required for adoption shall be two thirds (2/3~ of the votes of the Members (without regard to class) who shall be present in person or by proxy at a meeting duly called, and the recorded certificate shall contain a recitation that notice was given as above set forth and said recitation shall be conclu- sive as to all parties, and all parties of any nature whatsoever shall have full right to rely upon said recitation in such recorded certificate. At any time that Declarant holds two- thirds (2/3) or more of the votes in the Association, in the event Declarant chooses to amend this Declaration such resolution and voting procedures shall not be required, and in such event Declarant shall merely provide wri tten notice to the remaining Owners of any amendment hereto. The amendment shall be effective upon recordation of the executed amendment or the certified copy of the duly adopted resolution among the Public Records of Seminole County. So long as the Declarant shall own any lands adjoining The Properties which are subject to potential annexation, no Declar- ant related amendment shall be made to this Declaration, any Supplemental Declaration, or to the Articles or Bylaws of the Association unless such amendment is first approved in writing by the Declarant. Any amendment shall be deemed to be Declarant related if it does any of the following: (i) directly or indirectly by its provisions or in practical application relates to the Declarant in a manner different from the manner in which it relates to other Owners. (ii) modifies the definitions provided for by Article I of this Declaration in a manner which alters the Declarant's rights or status. (iii) modifies or repeals any provision of Article II of this Declaration. (i v) alters the character and rights of membership as provided for by Article I I I of this Declaration or affects or modifies in any manner whatsoever the rights of Declarant as a Member of the Association. -33- r-...,) C) -., CD o 0...... ~.;.., '.."l C , ,. ,-- c::> .,:r: ,-, .,., c;' :':r_~ -0<:;' >v) C;"J ..,1 ~ ~ e e (v) alters any previously recorded or written agree- ment with any public or quasi-public agencies, utility company, political subdivisions, public authorities or other similar agencies or bodies, respecting zoning, streets, roads , drives, easements or facilities. (vi) denies the right of the Declarant to convey to th~ rr1 Association Common Property. ~ z (-, (vii) modifies the basis or manner of assessment a~ applicable to the Declarant or any lands owned by the Declarant.n . ? ..,., (viii) alters or repeals any of the Declarant's rights o~- any provi sion applicable to the Declarant's rights as provided for by any provision of this Declaration or any Supplemental Declaration. Notwithstanding the foregoing, any Amendment to this Declaration must be approved by the City of Winter Springs, Florida. '" c::> -. c::> -t="" CD C> ~s: ..,., c~; J. r" :~r , r-1 ~...., C _~. = '""OC..J !> t...~ C'l f"T1 C::l ARTICLE XV PARTY FENCES Section 1. General Rules of Law to ~~. To the extent not inconsistent with the provisions of this Article, the general rules of law regarding party walls and liability for property damage due to negligence or willful acts or omissions shall apply to each party fence which is bui 1 t as part of the original construction and any replacement of improvements in The Proper- ties. In the event that any portion of any structure, as original- ly constructed, including any party fence, shall protrude over an adjoining Common Property, or Unit, such structure or party fence shall not be deemed to be an encroachment upon the adjoining lands, and the affected Owner shall neither maintain any action for the removal of the party fence or projection, nor for damag- es. In the event there is a protrusion, it shall be deemed that the affected Owner has granted a perpetual non-exclusive easement to the adjoining Owner for continuing maintenance and use of the projection or party fence. The foregoing shall also apply to any replacements of any structures or party fences if same are construed in conformity with the original structure or party fence. Section 2. Sharing of Repair and M~il)te11~D.fe. The cost of reasonable repair and maintenance of a party fence shall be shared equally by the Owners who make use of the fence in propor- tion to such use. -34- e e Section 3. Destruction by Fi re or Other Casualty. I f a party fence is destroyed or damaged by fire or other casualty, any Owner who has used the fence must restore it, and if other Owners thereafter make use of the fence, they shall contribute to the cost of restoration thereof in proportion to such use, wi thout prejudice, however, to the right of any such Owner to call for a larger contribution from the others under any rule of law regarding liability for negligent or willful acts or omis- sions. ~ m ::c Section 4. Right to Contribution R\lns wij:h Land. The righ~ of any Owner to contribution from any other Owner under thia:; Article shall be appurtenant to the land and shall pass to .suc~ Owner's successors in title. r-..> c::> ......., CD o ~7: ~ c-:> i; ; ;": r"., ~ , c..' ""T"' c:> -., ~ r- Section 5. Arbitration. In the event of any dispute arising concerning a party fence, or under the provisions of this Article, each party shall choose one arbitrator and such arbitra- tors shall choose one addi tional arbi trator, and the decision shall be by a majority of all the arbitrators. The decision of the arbitrators shall not, however, be binding and conc lusi ve upon the parties and any party to the dispute shall thereafter have the right to institute any action or proceeding, at law or equity, which he deems necessary or desirable. '="'=' -u co:: :l:- ~.; ~ m ARTICLE XVI COVENANTS COMMITTEE Section 1. Committee. The Board of Directors may appoint a Covenants Committee consisting of at least three (3) and no more than seven (7) members. Acting in accordance with the provisions of this Declaration, the Bylaws, and any resolutions the Board may adopt, the Covenants Committee shall be the hearing tribunal of the Association relative to alleged infractions of the rules and regulations of the Association. Section 2. Hearing Procedure. The Board shall not impose a fine, suspend voting, or infringe upon any other rights of a Member or other occupant for violations of rules and regulations unless and until the following procedure is followed: (a) Demand. Wri tten demand to cease and desi st from an alleged violation shall be served upon the alleged violator specifying: (i) the alleged violation; (ii) the action required to abate the violation; and -35- e e (iii) a time period which, except in emergency situations, shall be not be less than ten (10) days, during which the violation may be abated without further sanction, if such violation is a continuing one, or a statement that any further violation of the same rule may result in the imposition of a sanction after notice and hearing if the violation is not contin- uing. (b) Notices. At any time within twelve (12) months o~ such demand, if the violation continues past the period allowe~~ z in the demand for abatement without penalty, or if the same rul~ is subsequently violated, the Board or its delegate shall serv~l the violator with written notice of a hearing to be held by thep Covenants Committee in executive session. The notice shall~ contain: : r--..;) c:::> "-J en o ~~ ., ::! ..-, J- ,- .:,:e ~......, '-" ("~_l ;:7J -oc:- l:_c,-, e:- m c:::> ..;::- ,......, ~ (i) the nature of the alleged violation; shall not be notice; (ii) less the time and place of the hearing, which time than ten (10) days from the giving of the (iii) an invitation to attend the hearing and produce any statement, evidence, and witness on his behalf; and (iv) the proposed sanction to be imposed. (c) Hearing. The hearing shall be held in executive session pursuant to this notice affording the Member a reasonable opportuni ty to be heard. Prior to the effectiveness of any sanction hereunder, proof of notice, and the invitation to be heard shall be placed in the minutes of the meeting. Such proof shall be deemed adequate if a copy of the notice, together with a statement of the date and manner of delivery, is entered by the officer, director, or agent who delivered such notice. The notice requirement shall be deemed satisfied if the alleged violator appears at the meeting. The minutes of the meeting shall contain a written statement of the results of the hearing and the sanction, if any, imposed. (d) Appeal. Following a hearing before the Covenants Commi ttee, the violator shall have the right to appeal the decision to the Board of Directors. To perfect this right a written notice of appeal must be received by the manager, Presi- dent, or Secretary of the Association within ten (10) days after the hearing date. -36- e e ARTICLE XVII DURATION AND TERMINATION The covenants and restrictions of this Declaration and of each Supplemental Declaration incorporating Additional Properties shall run with and bind the land, and shall inure to the benefit of and be enforceable by the Declarant, the Association and an~ Owner of any land subject to this or any Supplemental Declara~ z: tion, thei r respective legal representatives, heirs, successorf:f2 and assigns, for a term of thirty (30) years from the date thi~1 Declaration is recorded, after which time said covenants shall b~ automatically extended for successive periods of ten (10) years.~ This Declaration may be terminated at any time by recordation otr an instrument signed by the then holders of eighty percent (80%) of the votes in the Association and their first mortgagees agreeing to terminate said covenants and restrictions. r-..,) <:::> ~ c:::> to o 0,..,., ;;.0=..., ...., c:j ). ,.-' " r-1 to, #."l ,~ -OC..: l>o (.-., C> Pl .;::- r-..,) ARTICLE XVIII ENFORCEMENT Section 1. Remedies. If any person or entity shall violate or attempt to violate any of these covenants or restrictions, it shall be lawful for the Declarant, any Owner or the Association (a) to prosecute proceedings for the recovery of damages against those so violating or attempting to violate any such covenant or restriction, or (b) to maintain a proceeding in any court of competent jurisdiction against those so violating or attempting to violate any such covenant or restriction, for the purpose of preventing, or enjoining all or any such violations or attempted violations. The remedies contained in this provision shall be construed as cumulative of all other remedies now or hereafter provided by law or this Declaration. The failure of the Declar- ant, his successors or assigns, or the Association or an Owner, to enforce any covenant or restriction or any obligation, right, power, privilege. authority or reservation herein contained, however long continued, shall in no event be deemed a waiver of the right to enforce the same thereafter as to the same breach or violation. or as to any other breach or violation thereof occur- ring prior to or subsequent thereto. Section 2. Severabili~. The invalidation of any provision or provisions of the covenants and restrictions set forth herein by judgment or court order shall not affect or modify any of the other provisions of said covenants and restrictions which shall remain in full force and effect. Section 3. Notices. Any notice required to be sent to any Owner shall be deemed to have been properly sent when mailed, postpaid, to the last known address of the person who appears as -37- e e Owner on the records of the Association at the time of such mailing. Section 4. Lessees to Comply with Declaration, Articles and Bylaws -- Effect on Non-Compliance. All tenants shall be subjec~ to the terms and conditions of this Declaration, the Bylaws, th~ Articles of Incorporation, and the rules and regulations promul~ gated thereunder as though such tenant were an Owner. m ("") C> Each Owner agrees to cause his lessee, occupant, or person~ Ii ving with such Owner or with hi s lessee to comply wi th the Declaration, Bylaws, Articles and the rules and regulations promulgated thereunder, and is responsible and liable for all violations and losses caused by such tenants or occupants, notwithstanding the fact that such occupants of the Unit are also fully liable for any violation of the documents and regulations. f'..) (::) ~ m o ~~ :'.: ~2 l- r - '.:t' r-' c:::> .;:0- f'..) 1'.) r, , .. -;T" -:J C-" J-(...; c.) rn In the event that a lessee, occupant, or person living with the lessee violates a provision of the Declaration, Bylaws, Articles or rules and regulations adopted pursuant thereto, the Board shall have the power to bring an action or suit against the lessee to recover sums due for damages or injunctive relief, or for any other remedy available at law or equity. ARTICLE XIX CITY OF WINTER S~_~INGS Notwithstanding any other provision contained herein, no amendments may be made to this document without the prior approv- al of the City of Winter Springs, Florida. The City of Winter Springs is a third party beneficiary wi th the right to legally enforce these documents. Nothing contained herein shall be construed to permit or authorize any violations or deviations from the City Code, City of Winter Springs, Florida. IN WITNESS WHEREOF, the Declarant has caused these presents to be executed as of the day and year first above written. Jf/3CJ~ Signed, sealed and delivered in the presence of: -38- e STATE OF FLORIDA ) , )SS: COUNTY OF :3f.rYLU~ ) e I HEREBY CERTIFY that on thi s day, before me, an officer duly authorized in the State and County aforesaid to take ac- knowledgments, personally appeared A. Walter Temple, Jr., Trust- ee, and that he acknowledged executing the foregoing Declaratlon in the presence of two subscribing witnesses freely and voluntar- '1 ~ 1 y. IT! 3: ':7. Stat:e IT! ('") ~ WITNESS my hand anq last aforesaid this ;t~ .,1" !'. ". S "'. ,c., . ' 1-/<:--;.'.... ...., A .:r~ ", ,I ... " '//' ~ ' t~/ ~ , ~(N~~RIAL :-n: (;) .)::> . . ~"'l"'" \' 4:::u .ftn} _-.. ~Q .....~ -(... .l,.'f:. -. ,'). - . ,.~,::-. ", ; / ') ..' .' v' "'''',, ., (046/WP2278.NEW) SEAL) official seal in the County and day of _.a1CL}__' 198j(~ ~ -39- NO My Commission Expires: Notary Public. State of Flonda at large My Commission Expires March 16. 1993 r-...> c::> -.., co o ~q ..., <=-J 1- ,.... ::1: c::> -j::'- l'..) w '" <"? C.:I -.M -0''-' :t~:".l (.") CTl e e EXHIBIT A TO BENTLEY GREEN DECLARATION OF COVENANTS. C~D I T I ON::;--.b~t:![LJ~J:S'J:'R_Lc::T~Q~15~ .:1'H~~ ~HASE ONE PRO~E:F-T:Y~'~ That part of Section 7, Township 21 South, Range 31 East, City of Winter Sprinqs, Semin91e County, Florida, beinq more particularly described as (ollows: From the Northeast corner o( Winter Sprinqs, Unit 3, as recorded in Plat Book 17, Paqes 89 and 90, Public Records o( Semino1.. County, Florida; run N 87051'00" E 810nq an East..r1y extension o( the North line of said Winter Sprinqs Unit 3, a distanc.. of 395,67 feet to a point on the East easem..nt lin.. o( a Florida Pow..r and Light Easement recorded in Official Record Book 183, Page 130, Public R..cords of Seminole County, Florida; run th..nce N 31045'52" W (or a distance of 3674,63 feet; th..nc.. East 1426,66 feet to the centerline of Howell Creek; run thence Northerly along said centerline of Howell Creek the (ollowinq cours..s: run N 14031'15" E (or a distance o( 103,24 (eet; thenc.. run N 40031'18" E for a distance of 53,38 (eet; thence N 06008'17" E (or a distance o( 107,86 (eet; thence run N 64020'12" E (or a distance o( 107.70 (eet; thence run N 13025'05" W (or a distance of 160.26 feet; thenc.. run N 21036'48" W for a distance o( 84,60 (eet; thence run N 24028' 06" E (or a di stance of 51. 90 feet; thence run N 06002'13" E (or a distance of 79.25 feet; thence run S 42023'31" E for a distance o( 73.29 feet; thence run N 18047'34" E (or a distance o( 21.66 feet; thence 1eavinq aforesaid centerline of Howell Creek run th.. (ollowing courses: run S 69018'41" E (or a distance of 383.72 feet; thence run S 87037' 08" E for a distance of 484.86 (eet to a point on the Westerly Right-of-Way line o( proposed Greenbrisr Lane (60' R/W), said point being on a curve concave Easterly and having a radius of 626.89 feet, thence (rom a tangent bearing of S 22030'36" W. run Southerly alonq the arc o( said curve and said Westerly right-of-way lin.. 239.42 feet through a central angle of 21052'56" to the point of tangency; thence continue Southerly along said Westerly right-of-way line the followinq courses: Run S 00037' 40" W for a di stance of 346.49 feet to the POINT OF BEGINNING, said point also being the point of curvature of a curve concave Westerly and having a radius of 1572,82 feet a chord bearing of S 11026'15" W; thence run Soutehrly alonq the arc of said curve 593.47 feet through a central angle of 21037'10" to a point; thence run S 21049'28"W for a distance of 346,24 (eet to the point o( curvature o( a curve concave Easterly and havinq a radius of 1395.11 feet; thence run Soutehrly slong the arc of said curve 216,62 feet through a central anq1e of 08053'47" to a point; thence leaving said Westerly riqht-of-way line, run S 86015'10" W (or a distance of 153.49 feet; thence run N 03043'12" W for a distance o( 244.69 (eet; thence N 40022'19" W (or a distanc.. o( 310.63 feet; thence N 64051 '04" E (or a distance o( 134.93 (eet; thenc.. N 31050'43" E for a distance of 146,50 feet; thence N 15031'52" W (or a distance of 104.91 (eet; thence N 74028'08" E for a distance of 102,32 feet; thenc.. N 67053'29" E for a distance of 129,46 (e..t; thence S 73037'28" E (or a distance of 47,44 feet; thence N 82031'35" E for a distance of 117.51 feet; thence run N 19045'51" W for a distanc.. of 134.39 feet; thence run N 41015'17" W for a distance of 136,01 feet; thenc.. run N 82017'31" E (or a distance of 136.01 feet; thenc.. run N 82017'31" E for a distance of 113,53 feet; thence N 76018'42" E (or a distanc.. of 134.15 (eet; thence run S 86032'15" E for a distance o( 20.96 feet to the Point of Beginning. Containing 7.714 acres more or less. (R:831\D2024) (f) fTI :~ Z o r fTI ("""") c::> I'-.) C) "" tl' o 0,-, :;;oc -., ..., < , ,- ,- '-~.' .,., r c:::> ..;::- "" r."" r~ "" ~l:.: 1.~c.,.) Cl ~ e e EXHIBIT B TO BENTLEY GREEN DECLARATION OF COVENANTS. ~ONDITIONS AND_-B~~'J:.RIC'!:JONS POSSIBLE ADDITIONAL PROPERTY ;:;CSCRIP7ION: That part of S~ction 7, Tow~ship 21 South, Range 31 Cast, City of Winter Springs, Semino1~ County, Florida, being more particularly described as follows; From th~ North~ast corn~r of Winter Springs Unit 3, as r~corded in Plat Book 17, Pag~s 89 and 90. Public R~cords of Seminol~ County, Florida; run N 87051'00" E along an East~rly ext~nsion of the North lin~ of said Winter Springs Unit 3. a distance of 395.67 feet to a point on the East easement line of a Florida power and Light Easement recorded in Official Record Book 183, Page 130, Public records of Seminole County, Florida; run thence N 31045'52" W for a distance of 3674.63 feet; th~nce East 1426.66 feet to the POINT OF BEGINNING, said point bein9 on the ce~terline of Howell Creek; run thence Northerly along said centerline of Howell Creek the following courses: run N 14031'15" E for a distance of 103.24 feet; thence run N ~0031'i8" E for a distance of 53.38 feet; thence N 06008'17" E for a distance of 107.86 feet; thence run N 64020'12" E for a dista~ce of 107.70 feet; thence run N 13025'05" W for a d:stence of 160.26 feet; thence run N 21036'48" W for a distance of 84.60 feet; thenc~ run N 24028'06" E for a distanc~ of 51.90 feet; thence run N 06002'13" E for a distance of 79.25 feet; thence run S 42023'31" E for a distance of 73.29 feet; thence run N 18047'34" E for a distance of 21.66 feet; thence leaving aforesaid centerline of Howell Creek run the following courses: run S 69018'41" E for a distance of 383.72 feet; thence run S 87037'08" E for a distance of 484.86 f~et to a point on the Westerly Right-of-Way line of propos~d Greenbriar Lane (60' R/WI, said point being on a curve concave Easterly and having a radius of 626.89 feet, thence from a tangent bearing of S 22030'36" W, run Southerly along the arc of said curve and said westerly right-Of- way line 239.42 fee~ t~rough a central a~91e of 21052'56" to the point of tancency; thence continue Southerly along soid Westerly rlght-of-way line th~ following courses; Run S 000)7'40" W for a distance of )~6.49 feet; thence run N 86032'15" W for a distance of 20.96 fee~; thence run S 76018'42" W for a distance of 134.15 feet; thence run S 82017'31" W for a distance of 113.53 feet to the POINT OF 5EGINNING; thence run N 41015'17" W for a dis~ance of 121.59 feet; t~e~ce run N 43028'26" W for a distance of 43.65 feet; thence run N 31006'08" W for a distance of 105.66 feet; thence run S 65001'01" W for a distance of 108.12 feet; thence run S 53052'39" W for a distance of 40.18; t~ence run S 53012'34" W for a distance of 118.14 feet; thence S 40004'32" ~ for a distance of 122.77 feet; thence 5 15031'52" E for a distance of 294.99 teet; thence N 74028'08" E for a distance of 102.32 feet; thence run N 67053'29" E for a distance of 129.46 feet; thence run S 73031'28" E for a distance of 41.44 feet; thence run N 82031'35" E for a distance of 117.51 fe~t; thence run N 19045'51" W for a distance of 1:4.39 feet; thence run N 41015'17" W for a distance of 136.01 feet to the to the Point of Beginni~g. Containing 3.414 acres more or less. DESC,,:?T:(;:l: T~3~ par~ of Section 7, TownShip 21 South. Ra~ge 31 ~ast, City of Winter Springs, Seminole c~unty, Fi~rida. being more particularly descrlbed as follows: Fro~ the ~ort~eas~ corner of Wi~ter Spr:ngs v~i~ 3, as recorded i~ Plat BeoK 17, Pages. 89 a~d 90. P~b~ic Records of Se~i~ole County, Fiorida; r~n N 87051'00" E along an Easterly ex~e~slon of the North line of sa:d Wlnter Springs Unit 3, a distance of 395.61 feet to a point on the East ease~ent :i~e of a Florida Power and Light ~ase~ent recorded in Official Record 30o~ 183. Page 130, Public records of Seminole County. Florlda; ru~ thence N 31045'52" W for a d~s~ance of 3674.63 feet; thence East 1426.66 fee~ to ~~e ?0IN7 OF BEG:NNING, said point bei~g 00 t~e cen~erline of Hewell Creek; run thence ~ert~e~l'l along said centerline of Hewell C~eek t~e fol:owinq courses: run ~ 14031'15" ~ for a d:stance of 103.24 feet; thence run N 40031'18" E for a d~stan~e ~f 53.38 feet; thence N 06008'17" E for a distance of 107.86 feet; thence ru~ N 64020'12" ~ for a distance of 107.70 feet; t~e~ce run N 13025'05" W for a distance of 160.26 feet; thence run N 21036'48" W for a distance of 84.60 feet; thence run N 24028'06" E for a distance of 51.90 feet; thence run N 06002'13" E for a distance of 79.25 feet; the~ce run 5 42023'31" E for a distance of 73.29 feet; thence run N 18047'34" E for a distance of 21.66 feet; the~ce leaving aforesaid centerline of Howell Creek run the following courses: run 5 6~18'4:" E fo~ a distance of 383.72 feet; tte~ce run S 87037'08" E for a dista~ce of 484.86 fee: to a point on the Westerly Right-of-Way ::~e of proposed Greenbriar Lane (60' ~/W), said ooint being en a c~~ve concave Easterl'l and ha~ing a rad:us of 62:.89 feet. thence .re~ a tangent ~e3r~ng of S 22030'36" w, run Souther:y along the a~c of said curve and said Wes~~~:Y righ~-of- wa'l line 239.42 feet through a central angle of 21052'56" to the point of tangency; thence continue Sout~erly along said Westerly right-of-way line the followlng courses: Run S 00037'40" W for a distance of 346.49 feet; thence run N 86"32'15" W for a distance of 20.96 feet; thence run S 76018'42" W for a distance of 134.15 feet; thence run S 82017'31" W for a distance of 113.53 feet; thence run ~ 41015'17" W for a distance of 127.59 feet; thence run N 43028'26" W for a distance of 43.65 feet; thence run N 37006'09" W for a distance of 105.66 feet; the~ce run S 65001'01" W for a dlstance of 108.12 feet; thence run S 53052'39" W for a distance of 40.18 the~ce run S 53012'34" W for a distance of 118.74 feet; thence S 7~'34'23" W for a d~stance 0 1~C.91 feet; thence N 54026'46" W for a distance of 216.20 feet to the to the Po~nt of Beginn ng. CJnt~ininJ 12.443 acres mc~e or less. en f'Tl ::c :z o r f'Tl n o ~ c::> ...... co o 0...... ;;K --, ..,., r"i 1: , - ;::'f ~ t..., ", ~~ "'!Jt:.:: l:-- f:i) C) m ..., r- C) -r-- ~ fA e EXHIBIT "e" e ARTICLES OF INCORPORATION OF BENTLEY GREEN HOMEOWNERS ASSOCIATION, INC. f',.J fn <<:::) rTl """ ;E :r. o r- ,.." (} o to C> ~~ ...., r, By scriber Chapter visions these Articles of Incorporation, the undersigned forms a corporation not for profi t in accordance 617, KJorida Statutes, and pursuant to the following ("these Articles"): Sub~ with pro- c:::> .1='" ......, ,. r- -;:1.- rOf <""7 (,.:.' = '""'Oc" >"" Co.., P'1 ~ ARTICLE I _.---- NAM~ The name of the corporation shall be BENTLEY GREEN HOMEOWN- ERS ASSOCIATION, INC. For convenience, the corporation shall be referred to in this instrument as the "Association." ARTICLE II ------ DURATION ----- The Association shall exist perpetually unless and until dissolved according to law. Corporate existence of the Associa- tion shall commence upon the fi ling of these Articles with the Florida Department of State. ARTICLE III ------------ DEF_I Nl'!'J ONS The following words shall have the defini tions set forth below for purposes of these Articles: 3.1 "Additional Property" shall mean and refer -to those rea 1 properties, together with any improvements thereon, other than t:he Phase One Property, which are made subj ect to the Dec larat~ion under the provisions of Article II thereof. 3.2 "Area of Commo..!}. Re~ol}Eibili ty" shall mean and refer to any lands and improvements, other than Common Property which are to be operated, maintained or improved by the Association as the result of (i) specific designation of any lands or improvements r.1.S an Area of Common Responsibi li ty by the Declaration or any Supplemental Declaration, (ii) a contract between the Associa- tion, Owner or developer/builder with respect to any lands and improvements lying in or near the Phase One Property or the e e Additional Property, or (iii) a decision of the Board of Direc- tors of the Association designating lands or improvements as an Area of Common Responsibility. The Declarant has designated the following as Areas of Common Responsibi Ii ty: (i) maintenance, repair, replacement, lighting and irrigation of all main entrance features, signs and landscaping located at the entrances fro~ Greenbriar Lane to each portion of The Properties not located i~ the Common Property, (ii) the maintenance, repair, replacement,~ lighting and irrigation of all landscaping, entrance road paving,~ signs, walls and other features located in the unpaved right ofB ,,,ay on the western side of Greenbriar Lane adj acent to The:"', Properties, (iii) maintenance of all street lighting in The~ Properties, (iv) chemical treatment and other maintenance of the existing golf course pond and pond area located west of and adj acent to the Phase One Property for the control of aquatic weeds and other general maintenance, and (v) maintenance, repair and replacement of landscaping and irrigation in the yards of the Units, only as described in Article X of the Declaration. r-..J c::;) -J Ctl o 0..,... :JI' -., -.., ,. f'-- :,.. ~, c:::l ..r.:- I'.) -., co;, C. ~I -r. ~t:::; l-"" C) fT1 3.3 "Association" shall mean and refer to BENTLEY GREEN HOMEOWNERS ASSOCIATION, INC., a Florida corporation not for profit, or its successors and assigns. 3.4 "Common Expenses" shall mean and refer to the actual and estimated expenses of operating the Association and meeting the costs incurred or to be incurred relative to the performance of the duties of the Association, including without limitation, the costs incurred for operation, maintenance and improvement of any Common Property and any Areas of Common Responsibility, and including any reserves established by the Association, all as may be found to be necessary and appropriate by the Board of Direc- tors of the Association pursuant to the Declaration, the By-laws. and these Articles of Incorporation of the Association. 3.5 "Common Property" shall mean and refer to all real property and any improvements located thereon, and all personal property, from time to time intended to be devoted to the use and enjoyment of all Members of the Association and maintained by the Association at Common Expense. 3.6 "The Declarant" shall mean and refer to A. Walter Temple, Jr., Trustee, and his successors and assigns. No succes- sor or assignee of the Declarant shall have a.ny rights or obliga- tions of the Declarant hereunder unless such rights and obliga- tions are specifically set forth in the instrument of succession or assignment, or unless such rights pass by operation of law. 3.7 "Declaration" shall mean and refer to the Bentley Green Declaration of Covenants, Conditions and Restrictions executed onM~Lll , 198 9 and to be recorded in the Public Records of Seminole County, Florida. -2- e e 3.8 "Member" shall mean and refer to each Owner who is a Member of the Association as provided in Article VI I of these Articles. 3.9 "pwner" shall mean and refer to the record holder~n whether one or more persons or entities, of fee simple title t~ each Uni t included in The Properties (other than the Associa-:i: tion); but, notwithstanding any applicable theory of the law o~ mortgages, Owner shall not mean or refer to any mortgagee unlesq, and until such mortgagee has acquired title pursuant to foreclo-o sure proceeding or a conveyance in lieu of foreclosure. Ever~ Owner shall be treated for all purposes as a single Owner for each Unit owned by it, irrespective of whether such ownership is joint, in common or tenancy by the entirety. In the event any life estate is created with respect to any Unit in The Proper- ties, the Owner of the life estate shall be deemed to be the Owner for purposes of this defini tion for so long as the life estate shall exist. r-..,) <::::) ......., co C) 0,...., :::-;'~l ...., e-; ,- c::> ~ I'.) co r- .,. ~ I~. , ..;-:. c":; -.- '"'0 G.' 1-"" C") 1""1 3.10 "Phase One Property" shall mean and refer to all that certain real property described on Exhibit "A" attached to these Articles. 3.11 "Jhe Properties" shall mean and refer to the Phase One Property, together with such Addi tional Properties as may be annexed thereon from time to time under the provisions of Article II of the Declaration, if and when annexed. 3.12 "Unit" shall mean and refer to each separately de- scribed residential lot in The Properties which is intended to be occupied as a single family residence or household, including without limitation each residential lot together with the resi- dence, if any, constructed thereon. "Unit" shall include in its meaning any interest in real property appurtenant to the owner- ship of the Unit. 3.13 "~!:!12I?lemental Declaration" shall mean and refer to any declaration of covenants, conditions and restrictions executed by the Declarant, and by the owner of the affected lands if same are not owned by Declarant, which extends the provisions of the Declaration to Additional Property. bBTICr,,~-IY PRINCIPAL OFFICE The principal office of the Association is located at 990 Douglas Avenue, Altamonte Springs, Florida 32714. -3- ,to e e ARTICLE V REGISTERED OFFICE AND_~9~N~ I'V <:::) ~ ro 'C) 0...- ~-~ ~ en A. Walter Temple, Jr., whose address is 990 Douglas Avenue,~ Altamonte Aprings, Florida 32714, is hereby appointed the5 ini tial registered agent of the Association and the registered~ office shall be at said address. n o r- ARTICLE VI <=> ...., .p- I I'V . .4'" ..... r c~ -oic ~u o P1 ~_O PURPOSE AND POWERS OF THE_A~~Q~IArlQN The Association shall not pay dividends and no part of any income of the Associ ation shall be di stributed to its Members, directors or officers. The Association is formed to provide for, among other things, the improvement, maintenance, preservation and architectural control of The Properties and to promote the recreation, health, safety and welfare of the Owners. The Association shall have all the powers of a nonprofit corporation organized under the laws of the State of Florida, subject only to such limitations upon the exercise of such powers as are express- ly set forth in these Articles, the Bylaws, or the Declaration. The Association shall have the power and duty to do any and all lawful things which may be authorized, assigned, required or permitted to be done by the Declaration, any Supplemental Decla- ration, these Articles and the Bylaws, and to do and perform any and all acts which may be necessary or proper for, or incidental to, the exercise of any of the duties or powers of the Associa- tion for the benefi t of the Owners and for the maintenance, administration and improvement of The Properties, Areas of Common Responsibility and Common Property within its jurisdiction. Unless otherwise specifically prohibited, any and all functions, duties and powers of the Association shall be fully transferable, in whole or in part, to any developer, management agent, govern- mental uni t, public body, or simi lar enti ty. Any instrument effecting such a transfer shall specify the duration thereof and the means of revocation. ARTICLE VII MEMBERSHIP Each Owner, including the Declarant, shall be a Member of the Association. Any person or entity who holds any interest merely as a security for the performance of any obligation shall not be a Member. The Association membership of each Owner shall be appurtenant to the Uni t giving rise to such membership, and shall not be transferred except upon the transfer of ti tIe to said Unit and then only to the transferee of title thereto. Any prohibi ted separate transEer shall be void. Any transfer of -4-- e e ti tIe shall operate automatically to transfer the membership in the Association appurtenant thereto to the new Owner thereof. eft m 3: Z c r- (2~ ("') ~ ..,., r- (a) Class "A". Class "A" Members shall be all Owners of Units, with the exception of the Declarant. Class "A" Members shall be entitled on all issues to one (1) vote for each Unit in which they hold the interest required for membership. VOTING RIGHTS r-..J <:::), ~ CD o 0.."., :x.-_, :;.:: ...-, 7~ r- ARTICLE VIII 8.1 Voting Rights. The Association shall have two classes of voting membership: c:::> :'1:~ ....., " C.:l ~ -u= J>"" C") rr: .;::- w c::> (b) Class "B". The Class "B" Members shall be the Declarant and any successor of the Declarant who takes ti tIe to more than one (1) Unit for the purpose of development and sale and to whom Declarant assigns in writing one or more of the Class "B" votes. Upon the execution of this Declaration, the Class "B" Members shall have an aggregate of two hundred ten (210) Class "B" votes. Thereafter, the number of Class "B" votes shall be reduced by one (1) vote for each Class "A" vote from time to time existing in the Association, which Class "A" votes shall arise upon conveyance of title to a Unit by the Declarant to a non-Class "B" Member. The Class "B" membership shall terminate and become converted to Class "A" membership upon the happening of the earlier of the following: (i) When the total number of outstanding Class "A" votes in the Association equals at least sixty-nine (69); or (ii) Twenty (20) years from the date of recording the Declaration; or (iii) When, in its discretion, the Declarant so determines. From and after the happening of anyone of these events, the Declarant shall call a meeting 8.S provided in the Bylaws for special meetings to advise the Association membership of the termination of Class "B" status. The Class "B" Members shall cast on all issues their votes as they among themselves determine. It shall be permitted for the Declarant to retain and to cast all Class "B" votes, and Declarant shall remain a Class "B" Member and shall be entitled to cast all of the Class "B" votes he retains on any issue regardless as to whether Declarant at such time owns a Unit. -5- e e 8.2 Declarant Veto Power. From and after the termination of the Class "B" membership, the Declarant shall have a veto power over all actions of the Association and the Board of Directors of the Association. This power shall expire when the Class "A~' vote, other than that held by the Declarant, equals ninety percent (90%) of the total membership vote of the Association, or~ December 31, 2018, whichever occurs first. The veto shall be ~ exercised as follows: 0 r 1"'1 n o r-...> C) eo 0 -. O. :;>':' .. r c::> - ~: ...... :t- 0.;) C> Pi No action authorized by the Association or the Board of Directors shall become effective, nor shall any action, policy or ~1 program be implemented, until and unless: r (i) The Declarant shall have been given written noti~e of each meeting of the Members and of the Board of Directors by certified mail, return receipt requested or by personal delivery, at the address it has registered from time to time with the Secretary of the Association, which notice otherwise complies with the terms of the Bylaws as to regular and special meetings of the Members and Board of Directors, and which notice shall set forth with reasonable particularity the agenda to be followed at said meeting; and (ii) The Declarant shall have been given the opportuni- ty at each such meeting, if Declarant so desires, to join in, or to have its representatives or agents join in, discussion of any prospective action, policy, or program to be implemented by the Board or the Association. The Declarant and its representatives or agents may make its concerns and suggestions known to the Members of the Association or of the Board. At such meeting the Declarant shall have, and is hereby granted, a veto power over any such action, policy or program authorized by the Board of D1 rectors, the Associ a tion officers, or Associ ation membership, and to be taken by said Board, the officers or agents of the Association, or any individual Member of the Association (if Association or Board approval is necessary for said Member's action) . Except as set forth in subsection (i i i) below, the Declarant veto must be exercised by the Declarant, its represen- tatives, or agents at or before the meeting to consider proposed action. The veto power shall not include the authority to require any affirmative action on behalf of the Board or the Association; and (iii) If any action, policy or program is to be imple- mented by prior consent without the formality of a meeting, then the Declarant shall be provided a written notice and description of the proposed action, policy or program at least ten (10) days in advance of such implementation, and .the Declarant shall have ten (10) days after receipt of such notice to exercise its veto. 8.3 Multiple Owners. Each vote in the Association must be cast as a single vote, and fractional votes shall not be allowed. -6- e e In the event that joint or multiple Owners are unable to agree among themselves as to how their vote or votes shall be cast, they shall lose their right to vote on the mHtter in question. If any Owner or Owners cast a vote on behalf of a particular Unit, it shall thereafter be conclusively presumed for all purposes that he was or they were acting with the authority and consent of all other Owners thereof. In the event more than the appropriate number of votes are cast for a particular Uni t, none of said ~ votes shall be counted and said votes shall be deemed void. ~ Cl r- r<1 ARTICLE IX 8 BOARD OF DIRECTORS The affairs of the Association shall be managed by a Board of three (3) directors who need not be Members. The initial Board shall be comprised of three (3) people, but may be enlarged to as many as nine (9) people by amendment to these Articles; provided that there shall always be an odd number of director- ships created. Anything in these Articles to the contrary notwithstanding, until such time as the Declarant has conveyed to purchasers not affiliated with the Declarant all lands which are subject to potential annexation pursuant to Article II, Section 2, of the Declaration, or at such earlier date as may be selected by the Declarant, the Declarant shall be entitled to designate the Board of Directors of the Association. The names and ad- dresses of persons who are to act in the capacity of director until appointment or election of their successors pursuant to these Articles are: Name.. Address .,---.----- ~-- ~ A. Walter Temple, Jr. 990 Douglas Avenue, Altamonte Springs, Florida 32714 990 Douglas Avenue, Altamonte Springs, Florida 32714 990 Douglas Avenue, Altamonte Springs, Florida 32714 Branimir Botic Lisa Gilbertson Once the Declarant relinquishes his right to appoint the Board of Directors, the Members shall elect the directors for staggered terms of three (3) years each. To create the staggered terms, one post shall become vacant in one (1) year and a succes- sor director shall be elected. The second post shall be deemed vacant at the end of the second year, and a successor director shall be elected. The third post shall be deemed vacant at the end of the third year, and a successor director shall be elected. All successor directors shall serve for terms of three (3) years each. In the event that the number of people comprising the Board of Directors is changed, such change in number shall be -7- ~ c:::;:) -.... co o ~-::; :::J ~--, c:::> )- , - ,;I) ..... ~-,. ".',1 ;?s C.., 11 -r, ..:::- ,- U) r;-..) e e implemented in such a manner as to have as nearly equal in number as possible the number of directors whose terms expire in any given year. ARTICLE .x; ,...." en c::;) ~ ~ CD o Cl ;x' C-' r- r" n o The affairs of the Association shall be administered by the~ officers designated in the Bylaws. The officers shall be elected' by the Board of Directors at the first meeting, and they shalI serve at the pleasure of the Board of Directors. The names and addresses of the officers who shall serve until their successors are designated by the Board of Directors are as follows: OFFICERS c:::> -I=- (..\) t." ,,'; t-" -:;-') r:"l Office Name Address "~-----~- President A. Walter Temple, Jr. 990 Douglas Avenue, Altamonte Springs, Florida 32714 Secretary Hella Botic 990 Douglas Avenue, Altamonte Springs, Florida. 32714 Treasurer Branimir Botic ,990 Douglas Avenue, ~ltamonte Springs, Florida 32714 ARTICLE XI INDEl'!INIFICATION 11.1 Every director and every officer of the Association shall be indemnified by the Association against all expenses and liabili ties, including counsel fees, reasonably incurred by or imposed upon him in connection with any proceeding whether civil, criminal, administrative or investigative, or any settlement of any proceeding, or any appeal from such proceeding to which he may be a party or in which he may become imvolved by reason of his being or having been a director or officer of the Associa- tion, or having served at the Association's request as a director or officer of any other corporation, whether or not he is a director or officer at the time such expenses are incurred, regardless of by whom the proceeding was brought, except in rela- tion to matters as to which any such director or officer shall be adjudged liable for gross negligence or willful misconduct, pro- vided that in the event of a settlement, the indemnification shall apply only when the Board of Directors of the Association -8- e e approves such settlement and reimbursement as being for the best interest of the Association. The foregoing right of indem- nification shall be in addition to and not exclusive of all other rights to which such director or officer may be entitled. l'o.) c:::::> (fl ." ~ ::t: x. c.) r- f"Tl () o co <:> ~.c: 11.2 Expenses incurred in defending a sui t or proceeding whether civil, criminal, administrative or investigative may be paid by the Association in advance of the final disposition of such action, suitor proceeding if authorized by all of the noninterested directors upon receipt of an undertaking by or on behalf of the director or officer to repay such amount if i t ~ shall ultimately be determined that he is not to be indemnified by the Association as authorized by these Articles of Incorpora- tion. ~ c C) :;1 t" , . (.1.) -u C' !>- ~i c., ~i .t::- 11.3 The Association shall have the power to purchase at its expense and maintain insurance on behalf of any person who is or was a di rector or officer of the Associ ation, or is or was serving at the request of the Association as a director or officer of another association, against any liabi Ii ty asserted against him and incurred by him in any such capacity, or arising out of his status as such, whether or not the Association would have the power to indemnify him against such liability under the provisions of these Articles. ARTICLE XII BYLAWS The Bylaws of the Association shall be adopted by the Board of Directors and may be altered, amended or rescinded in the manner provided by the Bylaws. ARTICLE XIII ADDITIONAL PROPERTY Addi tional Property may be added from time to time to the Property in accordance with i!he Declaration. When made, the addi tions shall extend the jurisdiction, functions, duties and membership of the Association to such Additional Property as may be contemplated by the Declaration. The Association and each Member must accept as Members the Owners of all Parcels where the instrument hereafter annexing Additional Property to the jurisdiction of the Association provides that the Owners of the Parcels located therein are i.ntended to be Members of the Association and that the Associa- tion is intended to have jurisdiction over them. -9- e e ARTICLE XIV AMENDMENTS 14.1 Resolution. The Board of Directors shall adopt lution setting forth the proposed amendment and directing be submitted to a vote at a meeting of Members, which either the annual or a special meeting. Amendments to these Articles of Incorporation shall be made (f) in the following manner: r'l ~i:: :-l;: a reso+2 that i ~ may be.:> f',,) c;:) -., CD o ~~ -.., rJ ,- ,- :..:I: ro, ~;1 .(.... :-Y.:" -or:=, ~..., C") r~ 14.2 Notice. Within the time and in the manner provided in the Bylaws for the giving of notice of meetings of Members, ~rit- ten notice setting forth the proposed amendment or a summary of the changes to be effected thereby shall be given to each Member of record entitled to vote thereon. If the meeting is an annual meeting, the proposed amendment or such summary may be included in the notice of such annual meeting. c::::> -., -t=- ro' c"J.) r....., 14.3 Vote. At such meeting, a vote of the Members entitled to vote thereon shall be taken on the proposed amendment. The proposed amendment shall be adopted upon receiving both the affirmative vote of a majori ty of the votes of Members of each class entitled to vote thereon as a class and the affirmative vote of a majority of the votes of all Members entitled to vote thereon. 14.4 Multiple Amendments. Any number of amendments may be submitted to the Members and voted upon by them at one meeting. 14.5 Agreement. If all of the Directors and either (1) all of the Members eligible to vote; or (2) the Declarant if he holds greater than fifty percent (50%) of the votes, sign a written statement manifesting their intention that an amendment to these Articles be adopted, then the amendment shall thereby be adopted as though subsections 14.1 through 14.3 had been sati s- fied. 14.6 Action Without Directors. The Members may amend these Articles without an act of the directors at a meeting for which notice of the changes to be made are given. 14.7 Limitations. No amendment shall make any changes in the qualifications for Members nor the voting rights of Members without approval in writing by all Members. No amendment shall be made that is in conflict with the Declaration. So long as the Declarant shall own any lands which are subject to potential annexation, no Declarant related amendment shall be made to the Declaration, any Supplemental Declaration, or to the Articles or Bylaws of the Association unless such amendment is first approved -10- e e in writing by the Declarant. Any amendment shall be deemed to be Declarant related if it does any of the following: (i) directly or indirectly by its provisions or in practical application relates to the Declarant in a manner dif- ferent from the manner in which it relates to other owners; f'..) c::;) -...., o:J o ~~ -. () c.n for by Article I~ the Declarant' sB; r Pl C.l C) (iii) modifies or repeals any provision of Article II of~, the Declaration; r (ii) modifies the definitions provided of the Declaration in a manner which alters rights or status; '- f' . c::> :." t--, t'""';" , . ..eo- l):''" :::,,..:..t: (i v) alters the character and rights or membership as provided for by Article I I I of -the Declaration or affects or modifies in any manner whatsoever the rights of Declarant as a Member of the Association; (.~ cn r.J rl"1 (v) alters any previously recorded or wri tten agree- ment with any public or quasi-public agencies, utility company, political subdivision, public authorities or other similar agencies or bodies, respecting zoning, streets, roads , drives, easements or facilities. (vi) denies the right of the Declarant to convey to the Association Common Property; (vii) modifies the basis or manner of assessment as applicable to the Declarant or any lands owned by the Declarant; (viii) alters or repeals any of the Declarant's rights or any provision applicable to the Declarant' s rights as provided for by any such provision of the Declaration or any Supplemental Declaration. 14.8 Fili~g. A copy of each amendment shall be certified by the Secretary of State, State of Florida, and be recorded in the Public Records of Seminole County, Florida. ARTICLE XV SUBSCRIBER .---.------- The name and address of the Subscriber to these Articles of Incorporation are as follows: Name Address -------- "---- A. Walter Temple, Jr. 990 Douglas Avenue Altamonte Springs, Florida, 32714 -11- . . ARTICLE XVI NONSTOCK CORPORATION The Association is organized on a nonstock basis and shall not issue shares of stock evidencing membership in the Associa- tion; provided, however, that membership in the Association may be evidenced by a certificate of membership which shall contain a statement that the Association is a corporation not for profit. IN WITNESS WHEREOF, the undersigned Subscriber has these presents to be executed as of the ___ day of 1988. caused r-v (n c:::l ~~ -.. :.;:':: CD o o~~ ~:;, ...., c;-:, :;.; r- ::'J ,..-., r.--:.. ~ ." ,-, J. c;) C") r1 Signed, sealed and delivered in the presence of: ~- o r-' n1 n o c;:) ..,., ..f::- r 0..) ~ By: ______ A. Walter Temple, Jr. STATE OF FLORIDA ) )SS: COUNTY OF ) I HEREBY CERTIFY that on thi s day, before me, an officer duly authorized in the State and County aforesaid to take aknowledgments, personally appeared A. Walter Temple, Jr., the subscriber described in the foregoing Articles of Incorporation, and he acknowledged and swore to the execution of the said Articles of Incorporation for the purposes therein expressed. WITNESS my hand and official seal in the County and state last aforesaid this day of 1988. NOTARY PUBLIC state of Florida at Large (NOTARIAL SEAL) My Commission Expires: (046jWP4157) -12- e e CERTIFICATE DESIGNATING REGISTERED AGENT FOR SERVICE OF PROCESS Pursuant to Chapters 48 and 617, Florida Statutes, the following is submitted in compliance with said Acts. BENTLEY GREEN HOMEOWNERS ASSOCIATION, INC., desiring to organize as a corporation under the laws of the State of Florida, with its registered office at 990 Douglas Avenue, Altamonte Springs, Florida 32714, has named A. Walter Temple, Jr., located at the above-registered office, as its Registered Agent to accept service of process within this State. ACKNOWLEDGMENT: C/1 rn 3: z o r- rr1 n (:) Having been named to accept service of process for th~, above-stated corporation at the place designated in this Certificate, I hereby accept to act in this capacity and agre€ to comply with the provisions of said Acts relative to keeping open said office. A. Walter Temple, Jr. Registered Agent Dated: ______________~___, 1988 (046jWP4157) e e EXHIBIT A TO BENTLEY GREEN HOMEOWNERS ASSOCIATION, INC. ARTICLES OF INCORPORATION "PHASE ONE PROPERTY" That part of Section 7, Township 21 South, Range 31 East, City of Winter Springs, Semin91e County, Florida. being more particularly described as follows: From the Northeas; corner of Winter Springs. Unit 3. a8 recorded in Plat Book 17, Pages 89 and 90, Public Records of Seminole County, Florida; run N 87051'00" E along an Easterly extension of the North li ne of said Winter Spri ngs Uni t 3, a di stance of 395.67 feet to a point on the East easement line of a Florida Po....er and Light Easement recorded in Official Record Book 183. Page 130, Public Records of Seminole County. Florida; run thence N 31045'52" W for a distance of 3674.63 feet; thence East 1426.66 feet to the centerline of Ho....ell Creek: run thence Northerly along said centerline of Ho....ell Creek the follo....ing courses: run N 14031'15" E for a distance of 103.24 feet: thence run N 40031'18" E for a distance of 53.38 feet; thence N 06008'17" E for a distance of 107.86 feet: thence run N 64020'12" E for a distance of 107.70 feet: thence run N 13025'05" W for a distance of 160.26 feet; thence run N 21036'48" W for a distance of 84.60 feet; thence run N 24028'06" E for a distance of 51.90 feet: thence run N 06002'13" E for a distance of 79.25 feet; thence run S 42023'31" E for a distance of 73.29 feet; thence run N 18047'34" E for a distance of 21.66 feet; thence leaving aforesaid centerline of Ho....ell Creek run the follo....ing courses: run S 69018'41" E for a distance of 383.72 feet; thence run 5 87037'08" E for a distance of 484.86 feet to a point on the Westerly Right-of-Way line of proposed Greenbriar Lane (60' R/W), said point being on a curve concave Easterly and having a radius of 626.89 feet, thence from a tangent bearing of S 22030'36" W, run Southerly along the arc of said curve and said Westerly right-of-....ay line 239.42 feet through a central angle of 21052' 56" to the point of tangency; thence continue Southerly along said Westerly right-of-....ay line the follo....ing courses: Run S 00037'40" W for a distance of 346.49 feet to the POINT OF BEGINNING. said point also being the point of curvature of · curve concave Westerly and having a radius of 1572.82 feet a chord bearing of S 11026'15" W; thence run Soutehrly along the arc of said curve 593.47 feet through a central angle of 21037'10" to a point; thence run S 21049'28"W for a distance of 346.24 feet to the point of curvature of a curve concave Easterly and having a radius of 1395.11 feet; thence run Soutehrly along the arc of said curve 216.62 feet through a central angle of 08053'47" to a point; thence leaving said Westerly right-of-....ay line, run S 86015'10" W for a distance of 153.49 feet; thence run N 03043'12" W for a distance of 244.69 feet; thence N 40022'19" W for a distance of 310,63 feet; thence N 64051'04" E for a distance of 134.93 feet; thence N 31050'43" E for a distance of 146.50 feet; thence N 15031'52" W for a distance of 104.91 feet; thence N 74028'08" E for a distance of 102.32 feet; thence N 67053'29" E for a distance of 129.46 feet; thence S 73037'28" E for a distance of 47.44 feet; thence N 82031'35" E for a distance of 117.51 feet; thence run N 19045'51" W for a distance of 134.39 feet; thence run N 41015'17" W for a distance of 136.01 feet; thence run N 82017'31" E for a distance of 136.01 feet; thence run N 82017'31" E for a distance of 113.53 feet; thence N 76018'42" E for a distance of 134.15 feet; thence run S 86032'15" E for a distance of 20.96 feet to the Point of Beginning. Containing 7.714 acres more or less. (R:831\D2024) "'" c::;) <<:Xl rn c:> ", -.. 0.- :,c ~...' ~. ;:. Cl lc r- r--- ", :;0 n rC:; 0 c:;, ( r ".T ...., ~ -0 r~, r :t--'" (.J..) C'l (...'::> rn ~ e Exhibit "D" e BYLAWS OF BENTLEY GREEN HOMEOWNERS ASSOCIATION, INC. A NONPROFIT CORPORATION ~ c::t ~-. ~ -.. (': :~ ~ z: <:) r- IT1 () o C) .:::- ~, -.:=- .. C" c;;::> r, 1. defined Bentley have the ..., Definitions. When used in these Bylaws, the terms: in Article III of the Articles of Incorporation of the Green Homeowners Association, Inc. ("the Articles") s~all same meanings as in the Articles. 2. Identity. These are the Bylaws of BENTLEY GREEN HOME- OWNERS ASSOCIATION, INC., a corporation not for profit organized pursuant to Chapter 617, Florida Statutes (the "Association"). 2.1 Office. located at 990 Douglas or at such other place the Board of Directors. The office of the Association shall be Avenue, Altamonte Springs, Florida 32714, as may be designated from time to time by 2.2 Fiscal Year. ---- shall be the calendar year. The fiscal year of the Association 2.3 Seal. The seal of the Association shall bear the name of the corporation, the word, "Florida", the words, "Corpo- ration not for profit", and the year of incorporation. 3. Members. 3.1 Qualification. The Members of the Association shall consist of every Owner, including the Declarant, and in the case of multiple Owners, every group of record Owners, of Parcels in The Properties. The foregoing is not intended to include per- sons or entities who hold an interest merely as security for per- formance of an obligation. Membership shall be appurtenant to and may not be separated from ownership of the Unit. 3.2 Change of Membership. Change of membership in the Association shall be established by recording in the Public Records of Seminole County, Florida, a deed or other instrument establishing record title to a Unit under the jurisdiction of the Association. The Owner designated as grantee by such instrument thus becomes a Member of the Association and the membership of the prior Owner is terminated. The new Owner shall notify the Association of such property transfer and furnish the Association a copy of the recorded deed, the new Owner's address, and the Owner's local agent, if any, in the event the Owner is located outside the State of Florida. Any notice requirements set out in these Bylaws and in the Articles shall be deemed to be complied wi th if notice to an Owner is directed to the address of said Owner as then reflected in the Association's records. e e 3.3 Voting Rights. Voting rights of each Member of the Association shall be as set forth in the Declaration and the Articles, and the manner of exercising such voting rights shall (fl be as set forth in these Bylaws. ~ ::r. (:) , f"T1 n <:.:) 3.4 Designation of Voting Representative. I f a Uni t is owned by one person or enti ty, its rights to vote shall be established by the record title to the Unit. If a Unit is owned by more than one person or entity, the person entitled to cast ;2 the votes for the Uni t shall be designated by a certificate signed by all of the record Owners of the Unit and filed with the Secretary of the Association. If a Unit is owned by a general or limi ted partnership, the person enti tIed to cast the votes for the Unit shall be designated by a certificate of appointment signed by one of the general partners and filed with the Secre- tary of the Association. If a Unit is owned by a corporation, the person entitled to cast the votes for the Unit shall be designated by a certificate of appointment signed by the Presi- dent or Vice President of the corporation and filed with the Secretary of the Association. If a Unit is owned in trust, the person enti tled to vote for the Unit shall be designated by a certificate of appointment signed by the trustee of record for the trust and filed with the Secretary of the Association. Such certificates shall be valid until revoked or until superseded by a subsequent certificate or until a change in the ownership of the Unit concerned. A certificate designating the person enti- tled to cast the votes of a Unit may be revoked in writing by any Owner thereof. Provided, however, that no Uni t shall vote in excess of the voting rights allocated to that Unit pursuant to the Declaration. 3.5 Approval or Disapproval of Matters. Whenever the decision of an Owner is required upon any matter, whether or not the subject of an Association meeting, such decision shall be expressed by the same person who would cast the votes of such Owner if at an Association meeting, unless the joinder of record Owners is specifically required by the Declaration, the Articles, or by these Bylaws. 3.6 Restraint Upon Assignmel)t__9f _Shares__~!L~E-sets. The share of a Member in the funds and assets of the Association cannot be assigned, hypothecated or transferred in any manner except as an appurtenance to that Owner's Unit. 4. Members' Meetings. 4. 1 Annual Members' M~et:U1~. The annual Members' meeting shall be held at the office of the Association at 5: 00 P.M., on the fifteenth of November of each year for the purpose of appointing Directors and of transacting any other business authorized to be transacted by the members; provided, however, if that day is a legal or religious holiday, the meeting shall be -2- ......, Q -..... c:::> ~ .:::- e e . ' e e held at the same hour on the next day which is not a legal or religious holiday. Provided, the Board of Directors shall have the discretion to hold the annual meeting at any other time during the month of November which they may deem to be more convenient to the Members of the Association. 4.2 Special Members' Meetinqs. Special meetings the Members may be called by anyone of the following persons groups: l'..,) c:;:) ....., 0:7 o 0_ ~~ " :, , o~ 0$ :.l": a r- P1 (a) The Board of Directors, or r C) c:::> r " -', -n ~ (b) The holders of not less than one-fourth (lj4r ~ of all of the votes entitled to be voted at the meeting. ~) -u " r... r',.. C) P1 4.3 Notice of All Meetings of Members. Written notice stating the place, day, and hour of the meeting and, in the case of a special meeting, the purpose or purposes for which the meeting is called shall be delivered to each Member entitled to vote at such meeting not less than ten (10) or more than sixty (60) days before the date of the meeting, either personally or by first-class mail, by or at the direction of the President, the Secretary, or the officer or persons calling the meeting. If the notice is mailed at least thirty (30) days before the date of the meeting, it may be done by a class of United States mail other than first class. If mailed, such notice shall be deemed to be delivered when deposited in the United States mail addressed to the Member at its address as it appears on the books of the Association, with postage thereon prepaid. 4.4 Quorum. A quorum at Members' meetings shall con- sist of a majori ty of all votes in the Association, whether represented in person or by proxy. If a quorum is present, the affirmative vote of a majority of votes represented at a meeting and entitled to vote on the subject matter shall constitute the acts of the Members, except when approval by a greater number of Members is required by the Declaration, a Supplemental Declara- tion, these Bylaws or the Articles. When a specified item of business is required to be voted upon by a particular class of Members, a majority of the votes of such class of Members shall constitute a quorum for the transaction of such item of business by that class. After a quorum has been established at a Members' meeting, the subsequent withdrawal of Members so as to reduce the number of votes at the meeting below the number required for a quorum shall not affect the validity of any action taken at the meeting or any adjournment thereof. 4.5 Proxies. Every Member enti tIed -to vote at a meeting of Members or to express consent or di ssent without a meeting, or his duly authorized attorney-in-fact, may authorize another person or persons to act for him by proxy. Every proxy must be signed by the Member or his attorney-in--fact. No proxy -3- e e shall be valid after the expiration of eleven (11) months from the date thereof unless otherwise provided in the proxy. Every proxy shall be revocable at the pleasure of the Member executing it and shall expire upon the transfer of title to the Unit giving "" rise to the voting rights to which the proxy pertains. The authority of the holder of a proxy to act shall not be revoked by~ the incompetence or death of the Member who executed the proxy;~ unless, before the authority is exercised, written notice of an~ , adjudication of such incompetence or of such death is received bym the Association officer responsible for maintaining the list of 8 Members. ~ r r-v o -., 4.6 Ad i ourned Meetings. When a meeting is adj ourned to another time or place, it shall not be necessary to give any notice of the adjourned meeting if the time and place to which the meeting is adjourned are announced at the meeting at which the adjournment is taken, and any business may be transacted at the adjourned meeting that might have been transacted on the ori- ginal date of the meeting. If, however, after the adj ournment the Board fixes a new record date for the adj ourned meeting, a notice of the adjourned meeting shall be given in compliance with these Bylaws to each Member on the new record date enti tIed to vote at such meeting. c:::> ..r--- -=- Co.,,' 4.7 Order of Business. The order of annual Members' meetings, and as far as practical Members' meetings, shall be: business at at all other ies. (a) Calling of the roll and certifying of prox- (b) Proof of notice of meeting or waiver of notice. minutes. (c) Reading and disposal of any unapproved (d) Reports of officers. (e) Reports of Committees. (f) Appointment of Directors. (g) Appointment of Nominating Committee. (h) Unfinished business. (i) New business. (j) Adjournment. -4- e e 4.8 Minutes of Meetings. The Association shall main- tain minutes of each meeting of the membership and of the Board of Directors in a businesslike manner. The minutes shall be kept. in a book available for inspection by Members or their authorized~ representati ves at any reasonable time. The Association shall ~ retain these minutes for a period of not less than seven (7):i (:) years. ~ () a f'.) <:::) ~' ~ ~ 5. Board of Directors. c::> ~ '"1: ).c -=- c. rT .r-- .." r 5.1 NU!!1her. The affairs of the Association shall be' managed by a Board of not less than three (3) nor more than nine (9) Directors. The initial Board shall be comprised of three (3) Directors. The number of Directors may be increased from time to time by amendment to the Articles to a maximum of nine (9) Directors; provided, however, the established number of Directors shall always be an odd number. In the event that the number of Directors is changed, such change in number shall be implemented in such a manner as to have as nearly equal in number as possible the number of Di rectors whose terms expi re in any given year. Anything in these Bylaws to the contrary notwithstanding, until such time as Declarant has conveyed to purchasers not affiliated with the Declarant all lands which are subject to potential annexation pursuant to Article II, Section 2, of the Declaration, or at such earlier date as may be selected by the Declarant, the Declarant shall be entitled to designate the Board of Directors of the Association. 5.2 Term of Office. Once the Declarant has relin- quished the power to designate the Board of Directors, the Members shall elect the Directors for staggered terms of three (3) years each, as provided in the Articles. Each Director shall hold office for the term for which he is elected and until his successor shall have been elected and qualified or until his earlier resignation, removal from office or death. 5.3 Removal. Except for the Declarant-appointed Directors who may only be removed by the Declarant, any Director may be removed from the Board, with or without cause, by a majority vote of the Members of each class. In the event of the death, resignation or removal of a Director, his successor shall be selected by the remaining Directors and shall serve for the unexpired term of his predecessor. 5.4 Directors' Fees. Directors shall serve without compensation or fees; provided, however, nothing herein shall be deemed to prevent reimbursement of out-of-pocket expenses ap- proved by the Board and incurred on behalf of the Association. 5.5 Election. Except for Declarant-appointed Directors, election to the Board of Directors shall be by written ballot as hereinafter provided. At such election, the Members or -5- e e . their proxies may cast, in respect of each vacancy, as many votes as they are enti tIed to exercise under the provisions of the Articles. The names receiving the largest number of votes (without regard to class) for each vacancy shall be elected. r--.,) C) ~ -.. ~ (" 5.6 Nominations. Nominations for election to the~ Directors shall be made by a Nominating Committee which;;: one of the standing committees of the Association. ~ ,..." () 5.7 Nominating Committee. The Nominating Committee~ shall consist of a Chairman, who shall be a Director, and two or~ more Members of the Association. The Nominating Committee shall' be appointed by the Board of Directors prior to each annual meeting of the Members to serve from the close of such annual meeting until the close of the next annual meeting and such appointment shall be announced at each such annual meeting. Board of shall be c:::> ~ ~ r.....n , :r. G r. 5.8 Duties of Nominating Committee. The Nominating Commi ttee shall make as many nominations for election to the Board of Directors as it shall in its discretion determine, but not less than the number of vacancies that are to be filled. Such nominations may be made from among Members or officers, Directors or agents of the Declarant, as the Committee in its discretion shall determine. Separate nominations shall be made for each vacancy to be filled. Nominations shall be placed on a written ballot as provided in Section 5.9 and shall be made in advance of the time fixed in Section 5.9 for the mailing of such ballots to Members. 5.9 Ballots. All elections to the Board of Directors shall be made on written ballot which shall: (a) describe the vacancies to be filled; (b) set forth the names of those nomi- nated by the Nominating Committee for each such vacancy; and (c) contain a space for a write-in vote by the Members for each vacancy. Such ballots shall be prepared and mailed by the Secretary to the Members at least fourteen (14) days in advance of the date set forth therein for a return (which shall be a date not later than the day before the meeting at which the vote is to be taken). 5.10 Number of Ballots. Each Member shall receive as many ballots as it has votes. Notwithstanding that a Member may be entitled to several votes, it shall exercise on anyone ballot only one vote for each vacancy shown thereon. The completed ballots shall be returned as follows: Each ballot shall be placed in a sealed envelope marked "Ballot" but not marked in any other way. Each such "Ballot" envelope shall contain only one ballot, and the Members shall be advised that, because of the verification procedures of Section 5.11, the inclusion of more than one ballot in anyone "Ballot" envelope shall disqualify the return. Such "Ballot" envelope, or envelopes (if the Member or his proxy is exercising more than one vote), shall be placed in -6- e e another sealed envelope which shall bear on its face the name and signature of the Member or his proxy, the number of ballots being returned, and such other information as the Board of Directors may determine will serve to establish his right to cast the vote or votes presented in the "Ballot" or "Ballots" contained there- in. The ballots shall be returned to the Secretary at the address of the Association. ~ z o 5.11 Election Committee; Counting of Ballots. Up~ receipt of each return, the Secretary shall immediately place i~ in a safe or other locked place until the day set for the meetitiq at which the elections are to be held. On that day, the unopeneo external envelopes containing the "Ballot" envelopes shall be r:n turned over to an Election Committee which shall consist of three (3) Members appointed by the Board of Directors. The Election Committee shall then: r-.." <:::) ~ rn <::) o ~~ ;:. 1 , --" f.o , C) -r=-- .::- '" "'U". 1- r~T CJ rn (a) establi sh that external envelopes were not previously opened or tampered with in any way; and (b) open the external envelopes to establish that the number of envelopes therein marked "BAllot" corresponds to the number of votes allowed to the Member or his proxy identified on the external envelope; and (c) confirm that the signature of the Member or his proxy on the outside envelope appears genuine; and (d) if, the vote is by proxy, determine that a proxy has been filed with the Secretary. Such procedure shall be taken in such manner that the vote of any Member or his proxy shall not be disclosed to anyone, even the Election Committee. The opened external envelopes shall thereupon be placed in a safe or other locked place and the Election Committee shall proceed to the opening of the "Ballot" envelopes and the counting of the votes. If any "Ballot" envelope is found to contain more than one ballot, all such ballots shall be disqualified and shall not be counted. Ballots shall be retained for such period of time after the election as shall be deemed prudent by the Board of Directors. 6. Meetings of Directors. 6.1 Regular Meetings. Regular meetings of the Board of Directors shall be held at least quarterly without notice at such place and hour as may be fixed from time to time by resolu- tion of the Board. If the day for such regular meeting is a legal holiday, then the meeting shall be held at the same time on the next day that is not a legal holiday. Notice of such regular -7- e e ') meeting is hereby dispensed with. Regular meetings of the Board of Directors shall be open to the Members. 6.2 ~ecial Meetings. Special meetings of the Direc- tors may be called by the Chairman of the Board, by the President '" <:::) (i m (' (T1 ~ "- 3: - Z D ,- ITJ n 0 c::> ""1 ..po. "'1 ,- 10 ~ c. -.j rt e e )0 MORTGAGEE'S CONSENT TO DECLARATION (BENTLEY GREEN) KNOWN ALL MEN BY THESE PRESENTS: THAT HOME FEDERAL SAVINGS AND LOAN ASSOCIATION, a federally chartered savings and loan association, whose address is 625 Broadway San Diego, CA 92101 , hereinafter referred to as "Mortgagee," the owner and holder of a Mortgage dated June 30, 1987, granted by A. WALTER TEMPLE, JR., Trustee, recorded in Official Records Book 1864, Page 0833, of the Public Records of Seminole County, Florida, and encumbering the lands described on the plat of Bentley Green Unit I, according to the plat thereof as recorded in Plat Book ~, Pages ~to_ ~, of the Public Records of Seminole County, Florida, does hereby consent to the foregoing Bentley Green Declaration of Covenants, Conditions and Restrictions dated May 22 , 198~, and Mortgagee agrees that, in the event of foreclosure, deed in lieu of foreclosure or other proceeding relating to enforcement of Mortgagee's rights under the aforementioned Mortgage and Note thereby secured, the terms of the Declaration of Covenants, Conditions and Restrictions shall remain in full force and effect as if same had been entered into and recorded prior to the recording of the above-described Mortgage. IN WITNESS WHEREOF, Mortgagee has caused these presents to be executed by its corporate officer hereunto duly authorized as of the 12th day of October , 19811. Signed, sealed and delivered in the presence of: HOME FEDERAL SAVINGS AND LOAN ASSOCIATION &1:h~/l /7; &4~/ =4. '1/2~ ,. '-f'~.4( v-: _ ---'( ,--- BY:~~-- Name: -Eatricia M. Burke Tit Ie: -.Senior Vice President (SEAL) STATE OF Virginia ) )SS: COUNTY OF Arlington ) I HEREBY CERTIFY that on this day. before me, an officer duly authorized in the State and County aforesaid to take ac- knowledgments, personally appeared ~~tI~aji~udke , well known to me to be the -.Senior Vice Presid.~ of the "-J en c:;:) ~ ~ ~ ~ :.-r: Cl r- fTl ("") o c=> .." .p- I ~ ~ =;:; ~ c;: rr e e r" association named as Mortgagee herein, and that she acknowledged executing the same in the presence of two subscribing witnesses freely and voluntari ly under authori ty duly vested in her by said association and that the seal affixed thereto is the true corporate seal of said association. WITNESS my hand and official seal last aforesaid this 12th day of OctohPr in the County and State , 198...8. \. ' '-pJ7~ .p Jo~ NOTARY P IC ~,.' . '~" ..... ': ''''-.1'', ' My Commission Expires":..' /:;-:.' ~ : ,.-- = " ...... .~ (G:046jWP2278) MARY K. QUATTRO NOTARY PUBLIC' COM~~'C'~\Ofl"l eXPIRES MAY 18, 1991 MY .ill'lo...'.... ..... " ~: " J", to-..) C) .~ ~ -., ~. 3: ,... Z a I rn (""') p C) ..., .+:- I .+:- to "'0 . ~ (;') rrJ -2- . e e . , DEVELOPER' S_~QNSENT AND APP~9VA~_TO DEC_LARA'J'IO~ (BENTLEY GREEN) f',,) C) . gg ......, ~ ell . rr1 3: Z C) I rr1 n THAT WINTER SPRINGS DEVELOPMENT JOINT VENTURE, a Florida? general partnership, whose address is 1.301 (-t.)/^-.) rc,,':.. <')(7,':7(..)(>'::;, i5c ~.:L~ Lu\}..) 1~ e L:;PRI^,~d:;,' f'L:..-- 2;'~J7()'b , hereinafter referred to as' "Developer," the assignee of the Developer under that certain Declaration of Covenants and Restrictions (the "Original Declara- tion") dated June 30, 1987, recorded in Official Records. Book 1864, Page 0803, of the Public Records of Seminole County, Florida, and encumbering the lands described on the plat of Bentley Green Unit I, according to the plat thereof as recorded in Plat Book ~, Pages ~ to ~, of the Public Records of Seminole County, Florida, does hereby consent to and approve the foregoing Bentley Green Declaration of Covenants, Conditions and Restrictions (the "Bentley Green Declaration") dated May 22 , 198Y, as required by Section 15 of the Original Declaration. KNOWN ALL MEN BY THESE PRESENTS: c:::) ..:::- "'0 1>- c;-, 1T1 (J1 '=' IN WITNESS WHEREOF, Developer has caused these presents to be executed by its cosporate officers Dereunto duly authorized as of the /y-Ico day of ~+{)b--€--r ,198f Signed, sealed and delivered in the presence of: ()CVC.1-0PI'1~to.I"'T" WINTER SPRINGS^JOINT VENTURE By: Gulfstream Housing Corp., a Delaware corporation, a joint . ~tur() (l;,k ~ ~~W'i J:r~~..!Le~ ....~..\~'\~ '(' ;:: rOo (CORPORA'J;E;' :tstd'!J:j'~', :-' ~v..J"'" <">".- -:..:\ '(, , ....-'..("-- g (.) i -"~ -C:. &.-~ 4L. = :r . r) '-1.. f'; ~ :::: 0.. lLI C) >. ~ -:;:.: :. (~'_ (./).... ,'<l / ~ .~,) ~,~ '-,J ~~<, "./ ....."" \y.( ~:'..~..........t>"."'\) ""'/ 11~) ';, ""11\.1 hND . e ... r-..J By: Home Capi tal Corporatio~ <:::). a California corporatio~ ~ a joint venturer a r- BY'~/}~ .~ ~ Name: ~'U7~_~~J.b_---!:"_ c.n Tit 1 e : -.-f3-'l:JL-cfLll4A~~_____ /' ~K. CORPORATE S~AL) .,,",,';.\' ..... "-.. . ... C"l ::.~,...., : . ~ .' :~:. /;l~ '. 0, ~:, :..; t ~ . ...' ..... -:. :.. ;~~ r \ ./ ~ .. ,-' . I HEREBY CERTIFY that on this day, before me, an ~ff1,c~.r"'" duly authorized in the State and countr. .afores'Jid-::;,to take ac- knowledgments, personally appE;are4,,__2biji.~_--LL_D.i(-is~_, well known to me to be the JLif!.LJ'LJ?.s"~ of Gulfttream Housing Corp., the joint venturer of the Developer named herein, and that ~ acknowledged executing the same in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in ~ by said corporation and that the seal affixed thereto is the true corporate seal of said corporation. ~"/~\A'-c~J~e ) ~ ~.-C~ --1. 13 Aiartlt: / , <- c~ L t F, J.- ( <: Co<, 'K-.. lIJ/b'. ~<f,:"> , O.l'.':>-...)-\- STATE OF FLaK-T))/\.) )SS: COUNTY OF 07cPt I\JG() WITNESS my hand jl,I].d last aforesaid this J~ official seal in the Count v and State day of Oc.+obex-, 198_. ~ ~ ~. '. IJuv I' L(jY~.~~~....' ~ N T Y B,L / / " / \.,." . II . ( ," J . My Com i ssion Expir~ti..:')"'\.~..:....~," ...' ,"'.. > ..f ~ "J.. " ~~?!l'~:~)~~3.;L~GJ ST,~~!")E ~F ~1:,S~rt, ~:\:j1\.~ 0 n '. f.., C~""",_"".t,.. [X"IlESJL"'_...~L..'~ ,....... _.. f}~':;;-:~':'-::;J "tHr;::JL'Gl1 t\l~'Jn;)~)KIM/'.~'!krr(.,;,.t -:tf'...:& :. . ..... '., -:.'1;:.... ! '. H' 0 .,,-. ...... . II l..; , _- .4~ ...... .' :-., ........ ..~)('I' 'n\' "r"(:':r~:~'l'l' STATE OF ~~~~ ) )SS: COUNTY OF -B ,... ~ ~..( ) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take ac- knowledgments, personally ~peared -_C-'1.I!!.~Le__G"'~fIl_.s.._kL__, well known to me to be the uod-!!t--G.::/------I1-4--'L~"t-e_~ of Home Capi tal Corporatio;:1 . the joint venturer of the DeveLoper named herein, and that ~acknowledged executing the same in the presence of two subscribing witnesses freely and voluntarily under authority -2- ... m o 52= ........., ...., (=:; ,. r- :" "'01 r; (':J ::::r..' " c::; 1>- en C'} rn . . .... c .. . ~ r ... t duly vested in ~ by said corporation and that the seal affixed thereto is the true corporate seal of said corporation. WITNESS my hand and official seal in the County and State last aforesaid thi s -2..0 day of ~e-+o J Q,.. , 198_. . . "" (G:046jWP2278) vii\~~'~ ,~S. ~.\/,". :. .,~ o::r \' -; :..... :: l. If..,:'; - '.' :. . f";) 4 C.': My Commission Expite.5:;:: ..::. ,..... ',~", <<. I'.j NOTMY PUBUC STATE OF FLORIDA I,. STI\1~" C HY cmlHIsSTON DP SEPT 17.1991 . ~ -..s BONDED nlRu GEHERAL IilS. U~ID. ~ :.;: -- o r- m n ~ ~A'.., If NO PUBLIC' co o o. ~~ STATE OF ~JT- ) COUNTY O~~ I HEREBY CERTIFY that on this day, before me, an officer duly authorized ~th~~a~~ty aforesaid to take acknowledgments, personally appeared 1&/1. " ifIZ- of Home Capital Corporation, the joint venturer of the Developer named hereln, and that ~ acknowledged executing the same in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in yUp. by said corporation and that the seal affixed thereto is the true corporate seal of said corporation. o ;2~ <.n N c-"': .::;.;.' ,- ':,::; .-, 2~~ -0 ;;~ ;po en C) m WI~ESS my ~and an~fficial seal in the County and State last aforesaid this dO day of ~~ , 1988. OFFICIAL SEAl_ -- CAROL ANN RICE NOTARY PUBLIC. CALIFORNiA SAN DIEGO COUNTY My ComlT!. El(pires JUM 5, 1990 ~~a#Y~ NOTARY PUB IC My Commission Expires: -3- 'bJ : '6f :' e '-'\'1 U' V-lr-........... J'I"-II"'~~ a?-.~ G~'Jr s,R. 4~A- ~\Isr'ER SPRIr-JG...S; FL 3'4(1 at SUPPLEMENTAL DECLARATION OF COVENANTS, CONDITION~_~ND-B~ST~)CT~Q~~ );(+ ~~f THIS SUPPLEMENTAL DECLARATION OF COVENANTS. CONDITIONS A~ RESTRICTIONS. made this 2..:,Di day of Au<i.usf 1990. by A. WALTER; TEMPLE. JR.. TRUSTEE ("Temple") and BENTLEY GREEN JOINT VENTUR~ I. a Florida general partnership ("Bentley"). IT'I C") P '"Tl r- WIT N E SSE T H: WHEREAS. Temple recorded that certain Bentley Green Declara- tion of CovenRnts, Conditions and Restrictions dated May 22, 1989 in Official Records Book 2071. Page 380 of the Public Records of Seminole County. Florida (the "Declaration"); and WHEREAS. Temple assigned to Bentley certain rights as Declarant to the Declaration in that certain Warranty Deed recorded in Official Records Book 2072, Page 129 of the Public Records of Seminole County. Florida; and WHEREAS. the Declaration provides that Additional Properties can be brought wi thin the scheme of the Declaration by the Declarant; and WHEREAS. Temple owns certain real property (the "Bentley Club Property"). more particularly described on Exhibi,~~A" attached hereto. which Temple and Bentley desire to bring within the scheme of the Declaration. NOW, THEREFORE, themselves and their and state as follows: Bentley (as Declarant) successors and assigns. and Temple. for do hereby declare cs ~ 1 Add~t~onal ProQertv The Bentley Club Property is . ~ herebY'brOUgh~ ~ithin the -sch~me of the Declaration, as provided ~ in Article II. Section 2 of the Declaration. This Supplemental ~:::7- Declaration is made for the purpose of annexing the Bentley Club ~rr~ Property, as Additional Property. to the scheme of the Declara- I ~ __tion and extending the jurisdiction of the Association (as f c:i ~defined in the Declaration) to the Bentley Club Property. C1 ~ 2. ~~tbacks. Article IX, Section 23 of the Declaration is .~hereby deleted. as to the Bentley Club Property only, and iJ.~ replaced wi th the following: ? PI Section 2:3. Setbacks. In addition to any setback require- ~ . ~ ments of the City of Winter Springs, Florida. any bUilding '.:)-..:::i ' )" structure located on any Unit shall not be located any y c-o") nearer than a minimum of fifteen (15) feet from the front or 3 - 3 rear property lines. a minimum of three (3) feet on side lot :::-'l -- lines prOViding all bUilding structures are no nearer than a ~ minimum of ten (10) feet from any bui lcling structure on any ." ~... .. ~ , I'.,) ~ CJ1 ~!:: -., ..... f':i -. ;-. ;.tJ 1"1 C'"~ ~: " ."L:; >"'j C") PI 01 CJl G") '::""'J ("') (.1)1- rtl P' , r :r ;1) -- -;J;:l> Zo:U o 'Tl -< r- )> l'TlnZ n:ij.:z Onrr'l Cc,.3: Z.-10 -j A: ;<nU) ,,0 rTl r-c' . :AJ -i --." W ::0 ~a l'Tl CI C- o ):,:.,a. ::0 -- 0 ...... l'Tl 0 <.J1 )(01 ~- < ~ IT1 9 :0 ..." 0 IT1 U) 0 > , . e e side adjoining Unit, one hundred (100) feet from the centerline of Howell Creek, twenty (20) feet from any golf course or country club property, and twenty (20) feet from any retention or detention ponds or the existing golf course pond. The ARB may, however, in its reasonable discretion, require setbacks as to any Unit up to twenty (20) feet from the front or rear property lines, up to seven and one-hal~ (7.5) feet on side lot lines, and with the provision that! o ..... all building structures are no nearer than up to flfteea: (15) feet from any building structure on any side adjoinirt~ Unit. n o i'-...J 1'0.,) (.J'1 ~ CD C> ~=~ .., c':,! l~ ro- 3. House Square footag~. As to the "Addi tional Property~ only, each residential dwelling built upon any Unit shall have at least one thousand nine hundred (1,900) square feet of indoor floor area, exclusive of porches, garages and any unairconditioned or unheated space. ~:1 ,f '0, (",,I ':-.:.' ;:11;/ -u .....1 ~,,.., c;, rn ~ 4. Unit Landscaping. As to the "Additional Property" only, Article X of the Declaration shall not be applicable. Each Unit owner in the Bentley Club Property shall be fully responsible for maintaining any and all landscaping upon hi s Unit. Such land- scaping shall comply with the requirements of Article IX, Section 2 of the Declaration. Failure to so maintain shall entitle the Association to enter upon any such Uni t to perform any such maintenance, as provided in Article VIII, Section 1, and to assess the cost of such to the Uni t Owner as provided in that Artic Ie VI I I. All assessments for maintenance of landscaping within the Property originally encumbered by the Declaration and known as Bentley Green Unit I shall be the sole responsibility of the Unit owners within said Bentley Green Unit I, consistent with Article VI, Section 9 of the Declaration. 5. Assessments. The initial annual assessment referenced ---'- in Article VI, Section 5 of the Declaration shall be Three Hundred Dollars ($300.00) per Unit in the Bentley Club Property. 6. Declarant. Temple and Bentley do acknowledge and agree that, notwithstanding the assignment to Bentley of certain rights as Declarant in that certain Warranty Deed recorded in Official Records Book 2072, Page 129 of the Public Records of Seminole County, Florida, that Temple did also reserve to himself, and Bentley does hereby assign to Temple, co-existent rights as Declarant under the Declaration, including but without limitation as to all lots owned by Temple in the Additional Property. 7. Limitations. Except as expressly provided above, all of the terms, covenants, conditions and restrictions of the Declara- tion shall be fully applicable to the Bentley Club Property. IN WITNESS WHEREOF, Temple and Bentley have caused these -2- . ~.' .... J' e e presents to' be executed as of the day and year fi rst above written. Signed. sealed and delivered presence of: .- (1, l;)~ Q ,.~ ~ ~ ~ CJ1 f :r --..J o r'- p1 n o .., ,... BENTLEY GREEN JOINT VENTURE I. a Florida general partnership A. WALTER 00 !. (; r By: SUNVEST REAL ESTATE. INC.. a Florida corporation Managing Joint Ve urer - By:U.LJ A. Walter President (Corporate Seal) -:., foregoing instrument was acknowledged OfC~. 1990 by A. Walter Temple. J,r.: a ~~~7 ~ ~TARY PUBLIC .' STATE OF FLORIDA COUNTY OF tJ~--y-e- ) )88: ) .\.".4"''';'1", before Il1e' 'tJ1i s~. 'J. Tr/s ee." .' ..........:... "i .:. ,,"".,. -.. "', . ....... "f .,' ':l \ 1 """. \ ; :. ..:.':. "'Wi)".,~,.: z..~~.~-.l-(_........-.....__,"_ '~ ,,., :. ~ . : -( , . ... 1': ~ ~ . , ",. .< : " . .-'1. 0 ',\." , My Commi ssion Expires {'. 'I~'.. ,'.,' ...,_' I" .'. .' \ .... "'~'I I .,- .......,'J' "".... J." ... .. .~, \\\' NOTARY PUBLIC STATE Of FLORIDA '1""1111\\11 MY CO~4ISSIOH EXP. MAY 17,1994 BONDED THRU GE~ERAL INS. UNO. lhe foregoing instrument was acknowledged before me thi s .2.9Zi.........day of O~.. . 1990. by A. Walter Temple. Jr.. as Presi- dent of Sunvest Real Estate. Inc.. a Florida corporation. Manag- ing Joint Venturer on behalf of BENTLEY GREEN JOINT VENTURE I. a Florida general partnership. 4 ,/ ',L- '/ , :"", "'" " f', ....... ./ . I:t~ . _~~~l~:- NOJARY PUBLIC . J....., \ 1':7.. ,'. \ . .' ., : l.. . ... ...:..... .,- .- My Commission Expires::.,. .\.::~ ":... '. "./}. 0 ',,'. .; NOTARY PUBLIC STATE OF FtO,R~~t :........:, ,;.... MY COMl.;ISSION EXP. MAY 11.1l!"" ",,\' BONDED THRU GENERAL INS. UN · "'~I1''''1 R:831jD4024 06/21/90 -3- ...,.... ....... \ r..^J1~J..J~'" n e Addi tional Pro"p_erty e From ihe Northeast comc"f or WJNTER-SPRtNOS"UNtT-3;-as recorded in Plat Book 17. Pages 89 and 90. Public Records of Seminole County. Florida; run N 87051 '00" E along an Easterly extension of the North line of said WINTER SPRINGS UNIT 3. a distance of 395.67 feet to a point on the East easement line of a Florida Power and Light Easement recorded in . Official Record Book 183. Page 130. Public Records of Seminole County. Florida; run thence N 31045'52" W along said East easement line for a distance of 3674.63 feet; thence run East 1.426.66 feet to the Point or BcgiMing. said point bcing on the centerline of Howell Creek; run thence Northerly along said centerline of Howell Creek the following courses: run N 14031'15" E for a distance of 103.24 feet; thence run N 40031'18" E for a distance of 53.38 feet; thence run N 06008'17" E for a dist~nce of 107.86 feet; thence run N 64020'12" E for a distance of 107.70 feet; thence run N 13025'05" W for a distance of 160.26 feet; thence run N 21036'48" W for a distance of 84.60 feet; thence run N 24028'06" E for a distance of 51.90 feet; thence run N 06002'13" E for a distance of 79.25 feet; thence run S 42023'3]" E for a distance of 73.29 feel; thence run N 18047'34" E for a distance of 21.66 feet; thence leaving aforesaid centerline of Howell Creek run S 69018'41" E for a distance of 383.72 feet; thence run S 87037'08" E for a distance of 484.86 feet to a point on the Westerly Right-of-Way line of Greenbriar Lane (60' R/W). said point being on a non-tangent curve concave Easterly having a radius of 626.89 feet; thence from a tangent bearing of S 22030'36" W. run Southerly along the arc of said curve and said Westerly Right-of-Way line for a distance of 239.42 feet through a central angle of 21052'56" to the point of tangency; thence run S 00037'40" W along said Westerly Right-of-Way line for a distance of 346.49 feet; thence leaving said Westerly Right-of- Way line run the following courses along the Northerly line of BENTLEY GREEN UNIT 1. recorded in PIal Book 41. Pages 42 through 45 of the Public Records of Seminole Counly,F1orida; thence run N 86032'15" W for a distance of 20.96 feet; thence run S 76018'42" W for a distance of 134.15 feet; thence run S 82017'3 1 " W for a distance of 113.5 3 feel; thence run S 41015'17" E for a dislance of 136.0] feet; thencc run S 19045'51" E for a distance of 134.39 feet; thence run S 82031'35" W for a}fistance of 117.51 feet; thence run N 73037'28" W for a distance of 47.44 feet to a point on a non-tangent curve concave Soulhwestcrly h;1ving a radius of 274.86 feet and a chord bearing of S 10053'40" E; lhence leaving said Nonherly line. run Soulherly along the arc of said CUNe and the Westerly Right-of-Way line of Bentley Green Circle (40' R/W) through a central angle of 15038'03" for a distance of 75.00 feet; thence run N 88001'34" W along the North line of Lot 25 of said BENTLEY GREEN UNIT 1 for a distance of 119.93 feet; thence run N 34039'39" W along the Easterly line of Tract "C" of said BENTLEY GREEN UNIT 1 for a distance of 25.00 feet; thence run S 74028'08" W along the Northerly line of said Tract "C" for a distance of 102.32 feet; thence run N 15031 '52" W for a distance of 294.99 feet; lhence run N 40004 '32" W for a distance of 122.77 feet; thence run S 74034'26" W for a dislance of 140.90 feet; thence run N 54026'46" W for a distance of 216.20 feet to the Point of Beginning. Containing 15.996 acres more or less. . ~..,." l"..) r-.,) co (I) 0 ,....1 c..n ~q 3:: X. -.J ::.~ c ') Co ':,'~ r-" , -..~ fTl ~~.., 1 C'") ,".'1 0 t.".J C~I :_0 ..,., -0 L.I, r ~'n CJ (0 fTl , . ~ \ e e MORTGAGEE'S CONSENT TO DECLARATION BENT LEX_ CLQ..~ KNOW ALL MEN BY THESE PRESENTS: ~ ~ c.n -.. m g ~~ ....., ~":"~ l~ ;;>, x." r':;' ('"';':- X" -0....... :Po v, C> rn (n rn That Firstate Financial a Savings Bank, hereinafter referre~ to as "Mortgagee", the owner and holder of a Mortgage dated2 S~ou.. ~~""'1?C\ , granted by A. Walter Temple, Jr., Trustee,.~ recorded in Official Records Book ~ \ \ ~, Page [)J~ of the Public~ Records of Seminole County, Florida, and encumbering the lands~ described on the Plat of Bentley. Club according to the plat' thereof as recorded in Plat Book~, Page~~~J~lof the Public Records of Seminole County, Florida, does hereby consent to the foregoing Supplemental Declaration of Covenants, Conditions and Restrictions dated "u~u"'r '1-9-- , 1990, and Mortgagee agrees that in the event of foreclosure, deed in lieu of foreclosure or other proceeding relating to enforcement of Mortgagee' s rights under the aforementioned Mortgage and the Note secured thereby, the terms of the Supplemental Declaration and the Bentley Green Declaration of Covenants, Conditions and Restrictions, as amended, referenced therein shall remain in full force and effect as if the same had been entered into and recorded prior to the recording of the above-described Mortgage. J"oo,.) C) IN WITNESS WHEREOF, Mortgagee has caused these presents to be executed by its corporate officer hereunto duly authorized as of the ~ day of .Av~u..:n-, 1990, Signed, sealed and delivered in the presence of: FIRSTATE Bank . ' ,,\. ~ ., II tI, 111111, " "'1/ ',' ......... FINANCIAL .~a' Sav.iilgs", '~:~ : .....~ t.'" -:~. . .: '. ......::r . ~? ': .. : t I " l": : : '. lLJ, Q: '. ~~J-)--{:'Vi .' .....J . ,,' " " -\.", " ,~ \" t /11""1' Ill' ",\ (Seal) STATE OF FLORIDA COUNTY OF ~ I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and~C ntYf~~~eSS?~ 'd to take acknowledgments, personal~y appe!'lFed . n-~.~~ ,well known to me to be the .dh;"M (;A).'/' of the savings bank named as Mortgagee' herein, and that acknowledged executing the same in the presence of two subscri~ing.y~tnesses .freely, and voluntarily under aut.hority duly vested ~n ~ by sa~d sav~ngs bank and that the seal affixed thereto is the true seal of said savings bank. -_....- WITNESS my ed apd official seal in . County and State aforesaid this is--. day of _ a1"'~1990. . .., ........ N~~BL'1w/,f'-1/.(; ~ ;,~; :. 0 ", -. ~.: '.e .... My Commission EXPii:~;':Z..d:~':.~;V "" )\ ,\,'- , ';, f,.. , . , , \' 1 \ ~:' last R:831jD4025 1-.....> VI 1'0.) ~ CJ1 :.r -.. o r-' (Tl n ~ ..., r......., m C) !i1~ -., ~~ b ,... :,'11":' r ~'l r;.. (;: ~. ;;>J '"'0 l.:,' >"" c") (TJ ", --.... e e PEVELOPER' S CON~_ENT AND APPROVAL TO DECLARATION (BENTLEY CLUB) KNOW ALL. MEN BY THESE PRESENTS: THA.T WINTER SPRINGS DEVELOPlYJENT JOINT VENTURE, a Florida general partnership, hereinafter referred .to as "Developer," the assignee of the Developer under that certain Declaration o~ Covenants and Restrictions (the "Original Declaration" ) date~ June 30, 1987, recorded in Official Records Book 1864, Page 0803~ of the Public Records of Seminole County, Florida, an~~l encumbering the lands described on the plat of Bentley Green Uni~ I, according to the plat thereof as recorded in Plat Book 41 P Pages 42 to 45, of the Public Records of Seminole County i2 Florida, does hereby consent to and approve the foregoing Supplemental Declaration of Covenants, Conditions and Restrictions dated Amu'>f '19-> ,1990, as required by Section 15 of the Original Dec~aration. l~ ~ (.,/1 ~ co c.) ~::. -. ~ ,... -, r. < ,. ;'1 ~:;; c:> Pl I".J f"oo..) IN WITNESS WHEREOF, Developer has caused these presents be executed by its~cvrporate officer hereunto duly authorized of the df1J'!'day of '---:\/T 1990. Signed, sealed and ~live d in the presence of: to as WINTER SPRINGS DEVELOPMENT JOINT VENTURE "","..'1"'111/, ,\\\' ( ( ,- I "'" ..... . .I, .. \ . ..... , Gulfstream Housing .~'Q;rp'~,:. ....... "~~ a Del~ware corpora~~o.r\-r' -......J \>'\ ~~ managJ.ng general p~tRn~1]J '? '~_: ~ . : ot ~ ~ - (/ 0) ~.: ..: .~;. ,.. '..0) )... ,".: ~ ," ,,. -..1. 1!iJ~'~ ._' .~............ By: By: _ Name: Glenn Title: Vice (Corporate Seal) b}TD By: Home Capital Corporation, a Californ' cO..1Zpor ion, gener 1 tner B //11 -?: ' '''''''''''' y: fA,,"'Q" Y' ' ". . ,.,!'-:t-:'r "'" Name: LouJ. s E. V,P .()........... '" """" Ti tIe: Vice Presid~t;[D ". ,'" ", .,:':' 'V:, ~ ~ . '" 'Q) --. \. {.J ~ : ~"'... , '" 4. ~ -~::. (Corporat~ ~e~l)..L.. 0 A., ~: ~ ;, Y' ~ (. 't. c.." <) c/'. ~ --=. ",",,', '",,;...~.>. I.; \.."1- ..-'" ~ I '. J,'.. ct~.,' .,' ~ ., ", " ,,'.' eC ro <"'/] II I.l \' ,,\'~ I" I jl' Assistant Secret~'ry"'''\'' By: Name: Title: ... ....-. ....- -_.- e e STATE OF FLORIDA COUNTY OF ol.!J/Jif 1'....J ~ g c.n ~ -..r <n ~~ I HEREBY CERTIFY that on this day, before me, an offic~r duly authorized in the State and County aforesaid to ta~ acknowledgments, personally appeared Glenn Marvin, well known ~ me to be the Vice President of Gulfstream Housing Corp., t~ managing general partner of the Developer named herein, and tha~ he acknowledged executing the same in the presence of two sUbscribing witnesses freely and voluntarily under authority duly vested in him by said corporation and that the seal affixed thereto is the true corporate seal of said corporation. r--..:> c:.~, ~ X>- c> n"1 last t,he'f' coun., ty , 1 9Q. , . <..._----/_./ / .I / and State ___----L.. ' ." '0'-- .' _' \_______ " "-:;;, !.' f.~_ - ) l/C;:L:/vt::::__:o , " U, ""i~11 \\\\ \ ~ ") "1 I ,\' .. -. ... J 7J '_~. ...,.... \. ....."..... ." ~ , ,'\ .' J '. ~" My Co ission Expires: /$.... 1;- ....." "QIAR '_ -.,; . ? ' PUEJl~C: STATE OF D : c? :'''" ' My cr '''''. FlO..ID,~ AT lAi'l1< ", ' ooI"l \ . <u1lj,IO:'JS""",,[, 'I ..... . ,.., -, ~ON~l.:D 'H.;U ~S.'i'l~~~; :~;~:'~~(::!St.~9"'4:. ~ :', ",1./ '\) e- STATE OFJJ~ . . "-.,.,; O.~;.. ", .?-< i:)i't'.;'{~'~>.. () A ,." ~,'J " ,/ _,.,. COUNTY OF ~ <,,;It ';:' I HEREBY CERTIFY that on thi s day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared Louis E. Vogt, well known to me to be the Vice President of Home Capital Corporation, general p~rtner of the Developer named herein, and that he acknowledged executing the same in the presence of two SUbscribing witnesses freely and voluntarily under authority duly vested in him by said corporation and that the seal affixed thereto is the true corporate seal of said corporation. . :t.-( WITNESS my hand and official, s~al in the County and State last aforesaid this ~L day of ~~.J , 19~. ct ~TA~~~tc( au d~~. My Commission Expires: ,deN """'~ ..".....".. ", NOTARY PUBLIC, STATE OF FLORlP.(..o' I(. i "-" \ R: 831/04026 MY COMMISSIOi~ EXPIRES: MAY >>J "'-1993>- _.,' BONDli:D THIlU NOTARY PUBLIC U~OE:!'>iRITt'llJ~ ., ~ ' .. ~ ~ \~() Q ~ .~}''; ~--~) ~ .~ ,,~ (~ .:.,: "';... ')'>',J '? .,." .:~'" "';... .........~..1Il {"~ ' '/'/" ,~ r {.f.. t. '1. "'t Iii in \ " \ . A e e STATE OF FLORIDA COUNTY OF~ I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and Country aforesaid to take acknowledgments, personally appeared Joy DeCaro, well known to me to be the Assistant Secretary of Home Capital Corporation, general partner of the Developer named herein, and that she acknowledged executing the same in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in him by said corporation and that the seal affixed thereto is the true corporate seal of said corporation. WITNESS my hand and official seal in State last aforesaid this "!!Jc/.L day of 199 t). and NOTARY PUBLIC, STA MY COMMISSION EX J, BONOEO THI<U NOTARY'. .. ..__.-~..-. f-..) ~ C) (.I) (:) fT1' c..n ~:::: ::c '"," Z ......., ~:.} 0 ~r. ,- :-- rq -:::1'; n .f"f'l c':;' 0 C~.( ::oJ ..., "'O..:uJ' r- J)oo';O f'ooo.,.) G,,) 1"1'1 -I="" ..' :~ ,.' t ",:;Y